HOLIDAY MAGAZINE HILDESHEIM REGION - Hi-Reg

General Agency Terms | HOLIDAY MAGAZINE HILDESHEIM 2014
due to a change of booking, the Organiser will be entitled to charge
a lump sum for damage incurred through the cancellation or nonarrival.
This lump sum will be charged in addition to the fee for
changing the booking.
§ 5 Supplementing provisions for agency services for events
with event services consisting of guest tours
(1) The visitor tours are dependent on a minimum number of participants.
We are required to take this into consideration in the scope
of our agency service activities. In this respect as well, we act merely
as agents arranging the contract to be concluded between the
tour guide as the Organiser and the Customer for the respective tour
guide service. The contract to be arranged may therefore only be
accepted when the required participant number is reached. These
tours are hereinafter referred to as “Closed Tours”.
(2) Excepted thereof are the city tours regularly offered by
Hildesheimer Stadtführer-Gilde e.V., which are separately referred
to in the agency service or in the context of the
service description. In this case, we are also only agents. The contract
for the respective tour guide service will then be concluded between
the Customer and the gild, which assigns its members to conduct
the tours. These tours are hereinafter referred to as “Open Tours”.
(3) Non-participation, withdrawal (cancellation)
1. The Customer may declare its withdrawal (cancellation) to us
at any time. Notice may be given exclusively in the written form.
Closed Tours may be cancelled free of charge during the opening
hours of tourist-information only until one day before the start of
the event. Thereafter, or in case
the Customer does not appear, the Customer will be obligated to
pay the agreed tour guide fee in the full amount. Expenses already
paid in advance (e.g. admission fees) or any fees already paid to us
that are intended for the Organiser will be refunded to the Customer
in the case of a timely cancellation.
2. The fee to be paid to the tour guide for his or her services will become
due upon the conclusion of the arranged contract. Admission
fees shall be paid – insofar as these are not expressly assumed otherwise
in exceptions – by the Customer on site and these fees are
not included in the event price.
3. We are authorised in the name and on account of the tour guide
arranged by us or the gild to receive the fee from the Customer that
was agreed with the Customer. The Customer will receive a written
confirmation of receipt for the fee for verification of the payment
to the tour guide. The tour guide may only perform his or her
services after Customer has presented the confirmation of receipt.
4. Conducting the event is not a highly personal obligation of the
tour guide even in the case of the Closed Tours. He or she is entitled
without prior information to be substituted by another guest guide.
All tour guides arranged by us have to fulfil the service according to
the quality requirements agreed with them. The tour guide is obligated
to designate persons as his or her substitute, who have been
accepted by us for the agency service.
§ 6 Complaints
(1) Complaints or other claims arising from the contracts brokered
by us shall be made exclusively against the contract party to the
arranged contract. A notification to us is specifically not sufficient
for compliance with possible deadlines and we are neither entitled
to accept notifications to the Organiser in this regard nor obligated
to forward documents to the Organiser. We are only obligated on
the basis of the agency contract concluded with the Customer to
provide the Customer with all information and documents that are
relevant for the Customer in the enforcement of his or her claims.
(2) We are likewise not obligated to advise the Customer regarding
his or her claims against the Organiser or to inform him or her of
the observation of deadlines.
§ 7 Liability, liability limitation
(1) We are not liable for claims based on the contractual relationships
arranged by us. This also applies with regard to any defects
of the arranged service and property damages and personal injuries,
which have been caused to the Customer in connection with
the arranged event, unless we have expressly declared our obligation
for such.
(2) The liability based on the agency contract concluded between
us and the Customer remains unaffected thereof. Damages in consequence
of slight negligence by us or one of our legal representative
or vicarious agents, shall be limited to the damage typical and
predictable for the contract, and in amount to three times the event
price. Liability for damages based on a violation of essential contractual
duties shall be limited to damages based on intent and gross
negligence. Liability for personal injury as a result of the agency
contract remains unaffected thereof.
§ 8 Limitation / Preclusion periods
(1) Claims of the Customer based on the agency contract concluded
with us shall be asserted against us within one month (preclusion
period). The preclusion period will start upon the Customer’s notice
of the circumstances giving rise to the claim, at the earliest however
upon the end of the contract term of the contract arranged by us.
(2) This shall not apply if the Customer is not responsible for having
missed the deadline.
(3) The assertion of claims against the Organiser does not serve for
the observation of the deadline.
(4) All claims of the Customer against us will become time-barred
within one year (shortened limitation period). Excepted thereof are
claims due to prohibited acts.
§ 9 Data protection
The data transmitted to us by the Customer will be recorded, stored
and processed electronically and also by way of automated procedure
We are authorised to use the data in the scope of our agency
contract and to pass it on to the Organisers, insofar as this is required
for the fulfilment of the purpose of the contract.
§ 10 Place of fulfilment, applicable law, place of jurisdiction
1) All legal relationships between us and the Customer are solely
governed by German law.
(2) Hildesheim or if applicable, the court competent for the City of
Hildesheim is the exclusive place of jurisdiction for any and all disputes
arising from the legal relationships between us and the Customer,
provided the Customers are businesses, legal entities of private
or public law, or persons who have their place of residence or
habitual abode abroad, or however whose place or residence or habitual
abode is unknown at the time when an action is filed. For the
rest, the place of jurisdiction is determined by the legal regulations.
§ 11 Severability clause
Should individual provisions in these General Terms and Conditions
be or become fully or partly invalid, this shall not affect the validity
of the remaining provisions. Insofar as a provision has not become
part of the contract or to the extent as a provision is invalid,
the legal regulations shall apply.
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