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Placement Terms and Contract Conditions

Dear Guests,
the following contract conditions set out on the one hand the legal relationship between the Bürger- und Verkehrsverein Tübingen, hereafter abbreviated to "BVV", and yourself, hereafter "the Guest", or as the case may be the the Guest Tour Employer in relation to the procurement of the proposed guided tours and punting trips, and on the other hand the legal relationship between yourself and the Guest-Guides chosen by the BVV. The content of the service contract, insofar as what is included is legally effective, will come into effect when a booking is made between yourself and the Guest-Guide. Please attentively read through these conditions.

1. Coverage of these business conditions.
1.1. These business conditions apply, insofar as they are effectively agreed on, for guided tours as well as for punting trips.
1.2. “Guest-Tour“ for the purpose of the following regulations refers to all guided tours of the town or other tours and also the accompanied punting trip, Guest-Guide refers to the corresponding accompanying person.
1.3. Insofar as the contract is not signed by the Guest themselves, but rather by an Employer (Group, Association, Adult Education Centre, Firm, Institution, Bus Company, Travel Agency, Tour Operator, Agency and the like), the term “Guest“ denotes the Employer. The following terms thus apply correspondingly to the Employer, insofar as it doesn’t concern the personal duties of the participating guest.

2. BVV’s Services
2.1. The BVV is exclusively a facilitator of the contract made between the Guest or as the case may be the Employer of the tour, and the delegated Guest-Guide.
2.2. The BVV is not liable for quality of service, personal injury or property damage in relation to the tour. A possible liability of the BVV from the placement liaison remains unaffected thereof.
2.3. The terms previously stated in 2.1 and 2.2 do not apply, insofar as the guest tours are a contractually stipulated service of a package tour or another offer type, by which the BVV is a direct signatory of the Guest.

3. Service of the Guest-Guide, in accordance with legal rules
3.1. The legal relationship between the Guest-Guide and the Guest applies first and foremost with the agreement made with the Guest-Guide, which supplements these placement terms and contract conditions. Alternatively the legal rules about the Service Contract as stated in §§ 611 et seq. BGB (German Civil Law) apply.
3.2. In relation to obligatory international or european legal rules, which apply in the contractual relationship, nothing else is certain, the whole legal and contractual relationship applies with the Guest-Guide and the BVV exclusively German law.

4. Signing of an agreement, Services of the Employer
4.1. With their reservation, which can be carried out orally, written, by fax, by e-mail or over the internet, the Guest offers to each Guest-Guide, who through the BVV appear as a legal-related representative, the closure of a service contract on the binding principle of the service description for each guided tour and these contractual terms.    
4.2. In the case of an electronic booking the BVV immediately confirms electronically to the guest, or as the case may be to the Employer, the receipt of their booking. This receipt confirmation does not constitute a booking confirmation and does not substantiate a claim for an agreement to be signed with the Guest-Guide.
4.3. To make a booking through an Employer for the purpose of Clause 1.3 of these conditions, this must be made through an exclusive Employer and contractual partner of the BVV in the context of the brokerage contract, or as the case may be of the Guest-Guide in the framework of the service contract, insofar as it doesn’t explicitly emerge as a legal-related representative of the future participant after the reached agreement. The group Employer meets in this case the full payment obligations in relation to the agreed payment or eventual cancellation of expenses.
4.4. It is explicitly agreed, that the Employer conducts the booking as a legal-related representative of the future participant, so he is directly and personally responsible for all of the undertakings of the future participant, insofar as this undertaking has been explained explicity and separately.
4.5. The service contract about the guest tours comes appropriately through the confirmation, which the BVV carries out as a representative of the Guest-Guide. It requires no specific form. As a rule the BVV, with the exception of bookings made at very short-notice, will however forward a written copy of the booking confirmation to the Guest. With obligatory telephone bookings the validity of the contract is independent of the sending of the written copy of the booking confirmation and for instance of an agreed advance payment.

5. Services, Replacement Proviso
5.1. The required service of the Guest-Guide insists on the accomplishment of the guest tour corresponding to the service description and to the additional agreement that was made.
5.2. Insofar as something is not explicitly agreed upon, the accomplishment of the guest tour is not reserved for a certain Guest-Guide. In fact the choice of each Guest-Guide rests on the requirements of the essential BVV qualifications.   
5.3. Also in the case of the naming or the explicit declaration of a specific person as a Guest-Guide it remains subject, in the case of a compelling reason for prevention (in particular because of illness), to replace this person with another suitable and qualified Guest-Guide.
5.4. The coverage of the required service is stipulated in the service description and in the additional agreement that was made. Advice and insurance of a third party (in particular travel agencies and accommodation and transportation companies) in the scope of the contractual performances, which stand in opposition to the performance description or that which is stated in the agreement made by the BVV and/or the Guest-Guide, are not legally binding for the BVV and the Guest-Guide.      
5.5. Changes or additions made to the contractually stipulated services require an explicit agreement with the BVV or with the Guest-Guide, for which a written document is strongly recommended due to proof-reasons.
5.6. Changes made to important services, which deviate from the agreed content of the contract and which become necessary after the signing of the contract (in particular also changes in the seasonal cycle of the tour) but which were not effected by the Guest-Guide in good faith, are permitted, insofar as the changes are not considerable and do not interfere with the overall arrangement of the tour.      
5.7. Details about the duration of the tours are approximations.

6. Prices and Payment
6.1. The agreed prices include the accomplishment of the guest tour and additional written or agreed services.
6.2. Entrance fees, subsistence costs, as well as transportation costs with public and private transport, town plans, prospectus´, museum guides, tour costs are only then included in the agreed price within the scope of the guest tours of visited attractions, when they are explicitly listed or additionally agreed-upon under the guest tour services.
6.3. Insofar as nothing else, in particular relating to initial payments, is agreed, then the agreed payment is due to be paid in cash at the beginning of the guest tour. Cheques or credit cards will not be accepted. Paying by voucher (required to be valid) is only then possible, if they are issued by the BVV and are valid for each tour. Vouchers issued by a third party are only valid if there is a corresponding and specific agreement with the BVV.  
6.4. In accordance with Clause 1.3 these payment conditions about the accounting office are agreed by an Employer, so the total price is due to be paid by the BVV.
6.5 Insofar as the Guest-Guide is willing and prepared to provide the agreed service and insofar as no legal or contractual right of retention on the part of the guest is justified, there exist no claims for the agreed services without the complete payment having been made before the beginning of the tour.

7. Non utilization of services
7.1. The Guest or as the case may be the Employer does not make complete or partial demands on the agreed performances, which are not represented by the Guest-Guide or the BVV, even though the Guest-Guide is willing and prepared to provide the agreed service, there exist no refund claims for payments that have already been made.
7.2. For the agreed payment the legal rule (§ 615 S. 1 and 2 BGB German Civil Code) applies: The stipulated payment must be paid, otherwise a claim will exist for the guest tour to be caught up. The Guest-Guide is in any case credited by the payment of the saved expenditure as well as by a payment, which he acquires through an ulterior employment of the agreed provision of services or by refraining from obtaining it maliciously.  
8. Cancellations and Re-Booking
8.1. The Guest or as the case may be the Employer can cancel the appointment after the signing of the agreement vis-à-vis the Guest or BVV as the case may be up to 48 hours before the agreed beginning of service. The cancellation doesn’t require a specific form. A written cancellation is however strongly recommended.
8.2. Insofar as the Guest-Guide was willing and prepared to provide the agreed service and the cancellation is not to be represented by him or as the case may be the BVV, the Guest or the Employer as the case may be are obliged in the case of a cancellation 48 hours before the beginning of the service to pay the sum of a 30 Euro service charge.
8.3. In the case of a cancellation made more than 48 hours before the beginning of the service, the rule in Clause 7 applies accordingly. It is at the discretion of the Guest or the Employer to prove to the Guest-Guide or rather to the BVV, that they have accrued no important, small charges from their cancellation on the claimed service charge. In the case of such confirmation the Guest or rather the Employer only obliged to pay the smaller amount.
8.4. For re-booking (changes of appointment, duration, course of events, service specification, additional services), which doesn’t insist on a legal claim for its enforcement, a 30 Euro service charge for each re-booking will be imposed 48 hours before the beginning of the service. Later re-bookings are not possible.

9. Liability of the Guest-Guide and of the BVV
9.1. For the liability of the BVV reference should be made to section 1.2 of these terms and conditions.      
9.2. Liability on the part of the Guest-Guide for damages which are not physical is impossible, insofar as an injury was not caused deliberately and grossly negligently by the Guest-Guide.
9.3. The Guest-Guide is not liable for the services, measures or failures of the provisional companies, equipment, those reponsible for the attractions or other offers, which will be visited within the tour, unless the emergence of an injury was caused either solely or partially by the Guest-Guide, in which case would be a breach of duty.

10. Specific regulations for punting trips
10.1. The Guest-Guide must follow certain instructions. The Guest-Guide can exclude people, whose manner or conduct gives reason for the belief that the undertaking of the tour could be dangerous or could endanger or trouble other participants, or those who do not follow the instructions of the Guest-Guide, from participating either before or during the tour.
10.2. The contractual service only covers the passive participation of punting trips; a legal claim for active steering of the punting boat does not exist.
10.3. The supervision of minors lies exclusively with the adults accompanying them.
10.4. Punting trips are normally conducted in all weathers. Weather conditions do not generally authorise a free cancellation, or as the case may be a free withdrawal from the agreement.
10.5. A cancellation of the agreement by the guest or by the BVV is however permissible, when the weather conditions, the water-level, the current, or other safety-related determining factors could endanger the Guest and/or the performing Guest-Guide and/or punting boat.
10.6. The participants are themselves exclusively responsible for the objects involved in the activity. The liability of the Guest-Guide and of the BVV for non-personal injuries is limited to deliberate acts and gross negligence.
10.7. It is up to the Guest to wear suitable clothing taking the circumstances into account. The possible wetting of clothes must generally be acknowledged.

11. Insurance
11.1. The agreed contractual services include insurance coverage for the Guest only when this has been explicitly agreed.    
11.2. The signing of a travel cancellation expenses insurance is strongly recommended to the guest or as the case may be to the Employer.          

12. Times of Tours, Obligations of the Guest
12.1. The Guest or rather the group Employer is obliged to give a mobile telephone number at the time of the booking or in good time before the agreed tour appointment, so that contact can be made with the Guest-Guide in the case of exceptional events. The BVV will also as a general rule give the mobile telephone number of the acting Guest-Guide or another number to the Guest or as the case may be to another named person so that contact can be made.
12.2. Agreed tour times are to be strictly adhered to. Should the Guest be late, he is obliged to inform the the Guest-Guide of this lateness up until the stipulated starting time of the tour and give the name of the expected late arrival time. The Guest-Guide can refuse to begin the tour late, if the delay is impossible or unreasonable, in particular when the tour cannot be attended due to ulterior and urgent business or private appointments which cannot be kept. With delays of more than 30 minutes the Guest-Guide is generally entitled to refuse to wait.
12.3. If after a telephone call the Guest-Guide agrees to wait 30 minutes, he is entitled to charge an additional payment of 10 Euros for every 30 minutes he waits.
12.4. The Guest or the representative of the group Employer is obliged to give notice of possible tour inadequacies and of the agreed services immediately vis-à-vis the Guest-Guide and to ask for correction. The resulting claims from an inadequate or incomplete service on the part of the Guest-Guide therefore do not apply, if these objections remain no fault of his own.      
12.5. The Guest or as the case may be the Employer are entitled to withdraw, for instance to withdraw from the tour after it has begun, if the Guest-Guide’s performance is extremely poor and these inadequacies are not corrected in spite of the observation having been made. In the case of an unjustified withdrawal, for instance a cancellation, no claims can be made for a refund.    
13. Statute of Limitations
13.1. Contractual claims made by the Guest/Employer against the Guest-Guide or BVV on the grounds of damages arising out of death, bodily injuries or health including contractual claims for compensation for immaterial damage, which rests upon a negligent breach of duty of their legal representative or auxiliary agents, is subject to a limitation period of three years. This also applies for claims made for the replacement of other damages, which rests upon a gross breach of duty on the part of the Guest-Guide or as the case may be of the BVV or upon a gross breach of duty from their legal representative or auxiliary agents.
13.2. All remaining contractual claims are subject to a limitation period of one year.
13.3. The statute of limitations according to the aforementioned regulations begins in each case at the end of the year in which the claim has been made and the Guest/Employer must be aware of the circumstances which justify the claim and recognise the Guest-Guide or as the case may be the BVV as the liable party, or must attain it without gross negligence.   
13.4. Lying between the Guest and the Guest-Guide or as the case may be the BVV, hearings about  claims that have been made or the circumstances which justify the claim, the limitation period is suspended until the Guest or the Guest-Guide or as the case may be the BVV rejects the continuation of the hearings. The aforementioned one-year limitation period starts at the earliest 3 months after the end of the suspension.

14. Court of Jurisdiction
14.1. Insofar as a complete payment in front of the place is agreed with the Guest-Guide, the place of fulfilment and court of jurisdiction is the place of the tour.
14.2. The Guest or as the case may be the Employer can take action against the Guest-Guide or as the case may be against the BVV only to impose a general court of jurisdiction.
14.3. For action to be taken by the Guest-Guide or as the case may be the BVV against the Guest or the Employer as is appropriate, this is decided by the Guest‘s general court of jurisdiction.
If the Employer is a businessman or a legal figure of public or private law or if the Guest or as the case may be the Employer, has no general court of jurisdiction in his home country, it falls exclusively to the court of jurisdiction for the suit of the Guest-Guide or as the case may be of the BVV, whose place of residence or his business location will serve as the court of jurisdiction.   

These business conditions are protected by copywright. Lawyer Noll, Stuttgart, 2006-2010