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Terms and Conditions

GENERAL TERMS AND CONDITIONS 

In the following provisions, the customer is the person ordering the tour and the contractor is the tour guide Ms. Christine Lehner. 

1. Description of services and execution of the service

The service description of the respective tour is contained in the associated tour description. The contractor reserves the right to make changes due to special circumstances in the respective tour.

2. Effectiveness of the General Terms and Conditions 

a) The client accepts these terms and conditions when placing the order. 

b) The contract is concluded exclusively on the basis of the general terms and conditions of the contractor. The contractor does not recognize any terms and conditions of the client that conflict with or deviate from the general terms and conditions of the tour guide, unless they have previously expressly agreed to their validity in writing. The tacit acceptance of bookings and payments by the contractor does not mean that the client agrees to conflicting conditions.

3. Change, supplement, ancillary agreements to the service

a) The type and scope of the contractual services result from the service description in the order confirmation.

b) Changes, additions or ancillary agreements must be made in writing in any case.

c) Any additional costs to the agreed fee may be charged for changes, additions or ancillary agreements that are made at the request of the client after the order confirmation has been created and sent. The contractor will inform the customer of any additional costs in writing, which the customer must also confirm in writing.

d) The contractor expressly reserves the right to declare a change in the scope of services if this is necessary for unavoidable reasons. The customer will be informed of this immediately in writing. The amount of the agreed fee is not affected by this.

e) The duration of the tour is an approximate value based on the knowledge of the contractor. Deviations from this time are possible depending on the size of the group or other circumstances. The client undertakes to take this into account when planning follow-up appointments etc.

4. Special features of bus tours

a) In the case of city tours where the group arrives with their own or self-organized coach, the customer must ensure that a seat with a seatbelt option and a functioning microphone system are available for the tour guide. If there is no place to buckle up, the tour guide is entitled to refuse to carry out the city tour. If the microphone system is missing or damaged, no or only limited explanations can be given during the journey. Irrespective of this, the agreed fee entitlement remains.

b) Munich has been an environmental zone in the area within the Mittlerer Ring since October 1st, 2008. You need an environmental badge to enter. Information is available from the registration offices, from the TÜV or under www.umweltplakette.de

5. Group Size

The maximum group size for all my guided tours is 10 people. Exceptions are possible by prior arrangement. The group size for "special tours" depends on the maximum number of visitors specified by the respective manufactory.

6. Fee 

a) The tour guide fee for my city tours can be found on my website:
www.munichbychristine.com. Prices may vary depending on the amount of work involved, the size of the group, the duration of the tour, etc. As a rule, however, the respective basic price applies for a guided tour of up to two hours with a maximum of 10 people. If the maximum number of participants is exceeded, a surcharge of 10 euros per additional guest will be charged.

b) If the client wishes to be picked up separately from the regular starting or ending point of the tour or to end the tour at a location outside of the city center, the client will be billed for the additional expenses for transport costs.

c) The prices do not include sales tax, since the contractor is a small business within the meaning of Section 19 of the UtsG.

7. Payment

Unless otherwise agreed in writing, the client will receive an electronic invoice immediately after the service has been rendered. Payment must be made within 10 days of invoicing, in full and in the agreed currency. Cash payment on site is possible in exceptional cases by prior arrangement.

8. Entrance Fees 

Admission fees, etc. incurred are to be borne by the client in addition to the tour fee, unless otherwise agreed in writing in the confirmed scope of services. The corresponding amounts are paid by the client on site directly when entering the objects subject to entry at the cash desk there.

9. Waiting times by the contractor

a) Delays must be reported to the contractor immediately on the mobile phone number that the client received when the order was confirmed.

b) The contractor will wait 30 minutes at the agreed meeting point. In the event of a delay of 30 minutes or more, the contractor can withdraw from the order, since a guided tour is no longer possible in the remaining time. In this case, the Contractor's claim to remuneration shall continue unabated.

c) If the client is late, there is no entitlement to an extension of the tour or a reduction in the price. The elapsed waiting time is at the expense of the agreed tour time. 

d) If the client and contractor agree on an extension of the tour on site, an additional fee of 50 euros per 30 minutes will be charged for the extension.

10. Withdrawal by the Contractor

a) If the tour cannot take place due to compelling reasons (e.g. in the event of illness on the part of the contractor, private or family unforeseen emergencies, etc.) or if another tour guide would have to carry out the agreed tour at agreed conditions as a substitute, the client will be consulted. Reference is made to the rights specified in Section 309 No. 10 Letter b of the German Civil Code.
b) If the fulfillment of the contract is endangered, impaired or impossible due to force majeure, the contractor can withdraw from the agreed service or cancel it without replacement. Compensation for the client is expressly excluded.

11. Withdrawal by the client

a) Withdrawal from the contract (cancellation) must be made in writing.
If the customer withdraws from the contract, the following costs will be charged:

Cancellation up to 14 days before the start of the service: free of charge
Cancellation between 14 days and 5 days before the start of the service: 50% of the agreed fee
Cancellation less than 5 days before the start of the service: 100% of the agreed fee 

The contractor reserves the right to invoice the client for the agreed and already performed services.

b) If the client is absent on the day of the booked service, the price agreed in the contract will be charged in full. This does not result in the client having the right to make up the tour at a later point in time.
c) If the tour is terminated prematurely at the request of the client, the full, previously agreed fee is due.

d) In principle, the tours take place in all weathers. If necessary, a bad weather program can be arranged as an alternative after individual consultation.

12. Contractor's copyright

Image and sound recordings by the contractor as well as recordings and sound recordings of the tour content are not permitted unless expressly approved by the contractor. 

13. Customer's obligation to cooperate 

a) The client is obliged to cooperate in the fulfillment of the agreed contract and to avoid any damage or disruptions.

b) In particular, the client undertakes to inform the contractor in good time before the start of the tour of any special features of the group profile (e.g. walking or visual impairments, etc.). If such a notice is not given or is only given at the beginning of the tour, the contractor accepts no liability for any necessary service restrictions. 

c) Any possible complaints must be reported to the contractor immediately. Claims due to non-performance or non-contractual performance of services must be asserted in writing to the contractor within one month of the contractually envisaged termination of the service. Claims by the client expire after 6 months, starting with the end of the agreed service. 

14. Liability

a) The liability of the contractor is limited to the fulfillment of the agreed scope of services and is financially limited to the amount of the agreed management fee. This limitation of liability does not apply to damage resulting from injury to life, limb or health that is based on an intentional or grossly negligent breach of duty by the contractor or his representative or vicarious agent.
b) The tour guide is protected by professional liability insurance and financial loss insurance from the Federal Association of Tour Guides in Germany BVGD. The professional liability insurance was taken out with Generali Versicherung AG, 81731 Munich. Detailed information on professional liability insurance can be found at www.bvgd.org.  

c) There is no obligation to supervise the participation of minors. This remains with the parents, legal representatives or accompanying persons.

d) In principle, participation in guided tours is at your own risk. The tour guide is released from any liability.

15. Hygiene concept

The hygiene concept is based on the current Bavarian Infection Protection Measures Ordinance.

16. Governing Law

Unless otherwise specified in these terms and conditions or agreed in writing between the client and the contractor, German law applies exclusively to the contractual relationship between the client and the contractor.

17. Jurisdiction

Place of jurisdiction is Munich.

18. Severability Clause

The invalidity of individual provisions does not result in the invalidity of the entire contract. In this case, the statutory provisions shall take the place of ineffective provisions.

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