General Terms & Conditions Marketing & Tourismus Konstanz GmbH

1.1. Marketing und Tourismus Konstanz GmbH (‘MTK’) is an agency that facilitates room bookings for accommodation providers (‘AP’) such as hotels, guest houses or bed & breakfasts.

1.2. These General Terms and Conditions form part of the agency agreement concluded with MTK as a facilitator of bookings with accommodation providers and of other services.

1.3. MTK also offers guided city tours, tour guides and other services in connection with leisure activities. Section 6 of these General Terms and Conditions applies to the provision of city tours and guided tours in groups. Section 7 of these General Terms and Conditions applies to individual bookings of city tour and experience tickets as well as tickets for the business breakfast.

1.4. Any agreement is governed exclusively by the General Terms and Conditions of MTK in force at the time the agreement is entered into. Any provisions on the part of the customer that contradict, add to or deviate from these General Terms and Conditions will not form part of the content of the agreement, unless MTK has agreed to their applicability in writing.

1.5. Any rights to which MTK is entitled under statutory provisions or under any other agreements beyond these General Terms and Conditions will remain unaffected.

1.6 The European Commission provides an online dispute resolution platform at http://ec.europa.eu/consumers/odr/http://ec.europa.eu/consumers/odr/%20 (Art. 14 (1) ODR Regulation). Marketing und Tourismus Konstanz GmbH does not participate in a dispute resolution procedure before a consumer dispute resolution body in accordance with section 36 of the German law governing alternative dispute resolution in consumer matters (VSBG) and nor is it obliged to do so.

2.1 The services provided by MTK comprise the facilitation of bookings for accommodation and other services. MTK carries out its services in accordance with the relevant requirements and without undue delay.
 

2.2 In this context, MTK does not render any services directly, but merely facilitates access to such services on behalf of and for the account of third parties. Therefore, any contract for a booked service will be concluded solely between the customer and the APs/other service providers. Any claims and obligations arising from the accommodation agreement or any other such agreement will exist only between the AP/other service provider and the customer.
 

2.3 MTK shall inform the customer about the services carefully and conscientiously, in accordance with the service description provided to MTK; it acts solely as a messenger in delivering the representations made by and between the AP/other service providers and the customer. In relation to the AP/other service providers and the customer, MTK acts as an independent third party and not as a representative, partner, trustee or subcontractor of the AP/other service provider or the customer.

3.1 By booking a service, the customer makes an offer to the AP/other service provider to enter into a contract (e.g. an accommodation agreement) as well as an offer to MTK to enter into an agency agreement incorporating these General Terms and Conditions.
 

3.2 Bookings may be made electronically via the internet, by post, by fax or over the phone.
 

3.3 The agreements referred to in section 1 are formed when MTK accepts the customer’s offer. This acceptance does not need to be expressed in any specific form. Upon formation of the agreements, the customer will receive a booking confirmation.
 

3.4 When making a booking, the customer is acting in their own name and on behalf of all members of the party who are listed on the booking form. The customer must provide complete and accurate information about their own person and about any other travellers. MTK has the right to cancel a booking if the information provided is incomplete, questionable or incorrect. In the event of a change of participants, MTK will be entitled to charge an administrative fee of €25.00.
 

3.5 If the content of the booking confirmation differs from the content of the booking, it will be deemed to be a new offer made by the AP/other service provider. Based on this new offer, a contract will be concluded if the customer accepts the offer – in particular by making an advance payment or using the accommodation – within the time period stated in the offer (if applicable).

4.1 Claims and obligations under the accommodation agreement, especially the price payable, arise solely from the accommodation agreement. The AP is responsible for the accommodation and for any further service which it provides.
 

4.2 The amount specified in the booking confirmation is payable directly to the AP.
 

4.3 The agency services offered by MTK are available to customers free of charge.

5.1 When bookings of conference venues and/or supporting programme/activities are facilitated by MTK, the amount stated on the booking confirmation is payable in the manner stipulated in the contract that has been agreed between the customer and the relevant service provider.
 

5.2 MTK is entitled to charge a fee for its services. The amount of this fee will be agreed separately by the parties to the agreement.
 

5.3 In the event that the customer withdraws from the facilitated agreement for reasons relating to the customer’s personal circumstances, or if the customer does not make use of a portion or all of the agreed services, the agency agreement with MTK and the entitlement to remuneration arising from this agreement remain unaffected.

6.1 The following General Terms and Conditions apply to guided tours and tour guides in groups offered by MTK.

6.2 The city guide or tour guide is selected by MTK in accordance with the booked city tour/tour guide. There is no entitlement to a specific city guide or tour guide.

6.3 MTK or the respective city guide or tour guide has no duty of supervision within the scope of the city tour or tour guide. The customer is responsible for providing sufficient "supervisory staff".

6.4 The scope of services is set out in the booking confirmation. The information in brochures or on the Internet does not guarantee any specific content for the services.

6.5 MTK is entitled to adapt the city tours/tour guides offered to changed conditions, such as group size, weather conditions, seasons and opening times of the places visited. MTK shall inform the customer of this immediately.

6.6 Section 3 of these General Terms and Conditions applies accordingly to the booking of a city tour and tour guide, with the proviso that no agency contract is concluded between the customer and MTK, but rather a contract for the performance of the booked city tour and/or tour guide.

6.7 Payment for the city tours/tour guides shall be made in accordance with the individual contractual provisions.

6.8 The maximum group size for a city tour is 25 people. Larger groups will be divided among several guides. If a customer appears with persons who are to take part in the city tour but who have not been registered in advance, and if the maximum group size of 25 persons is exceeded as a result, MTK is entitled to charge the customer a surcharge of EUR 70.00. In this case, MTK is also entitled to charge the customer a surcharge of EUR 70.00 per person. In this case, MTK is also entitled to exceed the maximum group size for this city tour.

6.9 The date specified in the booking confirmation for the city tour/tour guide is binding. In the event of a foreseeable delay, the customer is obliged to notify the tour guide by telephone. The maximum waiting time in the absence of notification is 30 minutes from the agreed start of the city tour/tour guide.
 

6.10 The customer is entitled to cancel the booked services in accordance with the following provisions: If the customer cancels up to 24 hours before the agreed date at the latest, MTK is entitled to charge a processing fee of EUR 30.00. In the event of a later cancellation or non-appearance of the group, 100% of the invoice amount will be charged as a processing fee for city tours, half-day tours and full-day tours. The relevant date for cancellation is the date of receipt of the declaration by MTK.

6.11 Dogs may be brought along as long as they do not disturb the tour. Dogs must be kept on a leash at all times. Guide dogs and assistance dogs may be brought along at any time.

6.12 A city tour can be aborted by the person responsible or individual participants can be excluded from the tour if they behave inappropriately or disturb other participants (e.g. personal attacks, heavily intoxicated guests, insults).

7.1 The following General Terms and Conditions apply to individual bookings of city tour and experience tickets and tickets for the business breakfast offered by MTK.

7.2 The city guide or event leader is selected by MTK according to the booked city tour or the booked experience/entrepreneur breakfast. There is no entitlement to a specific city guide or event leader.

7.3 The scope of services is set out in the booking confirmation. The information in brochures or on the Internet does not guarantee any specific content for the services.

7.4 MTK is entitled to adapt the services offered to changed conditions, such as group size, weather conditions, seasons and opening times of the tour locations. MTK shall inform the customer of this immediately.

7.5 Section 3 (with the exception of section 3.4) of these General Terms and Conditions applies accordingly to the individual booking of city tour and experience tickets as well as tickets for the business breakfast, with the proviso that no brokerage contract is concluded between the customer and MTK, but rather a contract for the performance of the respective booked service.

7.6 Payment for the services shall be made in accordance with the individual contractual provisions.

7.7 The date stated in the booking confirmation for the city tour or the respective experience or the business breakfast is binding.

7.8 In the case of individual bookings of city tour and experience tickets as well as tickets for the business breakfast, the customer has no right of revocation or cancellation and no right to rebook or exchange, as the respective contract with MTK provides for a specific date or period for the provision of the service (Section 312g (2) No. 9 BGB). The ticket booking is therefore always binding and results in the customer's obligation to pay for the booked ticket.

7.9 Dogs may be brought along on city tours, provided they do not disrupt the tour. Dogs must be kept on a leash at all times. Guide dogs and assistance dogs may be brought along at any time.

7.10 A city tour can be terminated by the person responsible or individual participants can be excluded from the tour if they behave inappropriately or disturb other participants (e.g. personal attacks, heavily intoxicated guests, insults).

8.1 If any provision of these General Terms and Conditions is or becomes wholly or partly ineffective or unenforceable or if these General Terms and Conditions contain a gap, this will not affect the validity of the other provisions. In the place of the ineffective or unenforceable provision, an effective and enforceable provision that comes as close as possible to the intended purpose of the ineffective or unenforceable provision will be deemed to have been agreed. In the event of a gap, a provision will be deemed to have been agreed that corresponds to what would have been agreed in keeping with the purpose of these General Terms and Conditions if the parties to the contract had considered the unregulated aspect in the first place.
 

8.2 The customer is only entitled to offset counter-claims if these have been confirmed by a non-appealable court decision or if they are undisputed. The remedy of withholding the fulfilment of contractual obligations may only be used by the customer if their counter-claim arises from the same contract.
 

8.3 The legal relationship between the customer and MTK is governed exclusively by German law.
 

8.4 The registered office of MTK is agreed to be the exclusive place of jurisdiction for disputes with a business, a legal entity under public law, a public-law special fund or a person without a general place of jurisdiction within Germany, a person who has moved their domicile or usual place of residence abroad after the formation of the contract, or a person whose domicile or usual place of residence is not known at the time the action is filed.
 

8.5 The language of the contract is German.
 

8.6 The above provisions do not apply if and to the extent that other mandatory provisions of European law or other international provisions are applicable.