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. In addition, MTK offers guided city tours and tour guide services. The provision of city tours and tour guide services is subject to the stipulations under section 6 of these General Terms and Conditions.
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. Content of the agency service
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. Booking and formation of contracts
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. Payments and procedures for facilitated accommodation agreements
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. Payment and procedures for facilitated bookings of conference venues and supporting programme / activities
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. Special terms for city tours and guided tours
6.1 City tours and tour guide services offered by MTK are subject to the general terms and conditions stipulated below.
6.2 The tour guide is chosen by MTK based on the tour that has been booked. The customer is not entitled to demand a specific guide.
6.3 MTK and the respective tour guide do not assume any supervisory responsibility in connection with the city tours. The customer is responsible for providing sufficient ‘supervisors’.
6.4 The scope of the service will be outlined in the booking confirmation. Information provided in brochures or on the internet does not constitute a guarantee for any specific service content.
6.5 MTK has a right to adjust its city tours/tour guide services in accordance with changes in circumstances, such as group size, weather conditions, seasons and opening times of locations to be visited. MTK shall inform the customer about such changes without undue delay.
6.6 Section 3 of these General Terms and Conditions applies for the booking of city tours and tour guide services, subject to the proviso that the agreement concluded between the customer and MTK is not an agency agreement but rather an agreement for the provision of the city tour and/or tour guide service that was booked.
6.7 Payments for city tours/tour guide services are made according to the provisions of the individual service contract.
6.8 The maximum group size for city tours is 25 persons. Larger groups will be split and allocated to several guides. If a customer arrives for the city tour along with persons who were not registered in advance but also wish to join the tour, and if the participation of these additional persons increases the group size to more than 25, MTK is entitled to demand a surcharge of €70.00 from the customer. In such cases, MTK is also permitted to conduct the tour with a group that exceeds the usual maximum group size.
6.9 The time and date of the city tour/tour guide service, as stated in the booking confirmation, is binding. In the event of a foreseeable delay, the customer shall notify the tour guide by telephone. The tour/guide will wait for a maximum of 30 minutes from the agreed start time if no such notification has been received.
6.10 If a customer cancels a service booking 24 hours or more before the agreed date and time, MTK is entitled to charge an administrative fee of €30.00. An administrative fee of 100 per cent of the invoice amount will be charged in the event that a booked city tour or a half-day or full-day tour guide service is cancelled less than 24 hours in advance, or if the participants fail to appear. The timeliness of a cancellation is determined on the basis of the time at which the notification of cancellation was received by MTK.
7. Liability of MTK
7.1 MTK is not liable for the content of service descriptions, for the services rendered or for any defaults on the part of the AP/other service provider. Service descriptions and other information provided are based on information received from the APs/other service providers and are not reviewed by MTK. The APs/other service providers are solely responsible for the accuracy and completeness of such information. The liability of MTK under the agency agreement remains unaffected.
7.2 MTK is liable without limitation for any loss or damage resulting from a breach of warranty or from death or personal injury. The same applies in cases of intent or gross negligence or in the event that MTK has agreed to assume a procurement risk. MTK is liable for ordinary negligence only in cases where essential contractual obligations are breached, which arise from the nature of the agreement and are material to the fulfilment of its purpose. In the event of such a breach of obligation, the liability of MTK is limited to such loss or damage as must typically be expected in the context of this type of agreement. Any mandatory statutory liability for defective products remains unaffected.
7.3 Where the liability on the part of MTK is excluded or limited, the same applies for the personal liability of all employees and representatives of MTK and other persons employed by MTK to assist it in the performance of its obligations.
7.4 MTK does not assume any responsibility for website content of third-party service providers. MTK cannot reasonably be expected to review the content of linked websites on an ongoing basis in the absence of any specific grounds indicating a breach of law. Upon learning about any breach of law on a linked website, MTK will immediately remove the corresponding link. If customers access websites of third-party providers via links from this website, they do so solely at their own responsibility.
7.5 Claims of customers against MTK arising from death, physical injury or damage to health including contractual compensation claims for pain and suffering, which are based on a negligent breach of duty by MTK or an intentional or negligent breach of duty by its statutory representatives or persons employed to assist it in the performance of its obligations, become statute-barred after three years. This also applies to claims for compensation for other loss or damage caused by grossly negligent breach of duty by MTK or by an intentional or grossly negligent breach of duty by its statutory representatives or persons employed to assist it in the performance of its obligations. All other contractual claims become statute-barred after one year.
8. Concluding provisions
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.
Marketing und Tourismus Konstanz GmbH
Obere Laube 71
78462 Konstanz am Bodensee
Tel. +49 (0) 7531 1330-30
Fax +49 (0) 7531 1330-60
Chairman of the Supervisory Board: Mayor Uli Burchardt
Managing director: Eric Thiel
Constance local court: HRB no. 381002
Registered office: Constance
VAT Reg. No.: DE 142 305 699
Tax ref. no. 09048/09997