The following terms and conditions apply to the booking and execution of city tours organized by Echt Köln, Markus Zens, Steinzeugstraße 15, 50226 Frechen.
1. scope of application
(1) The Terms and Conditions are the basis and integral part of every contractual agreement between Echt Köln, Markus Zens (hereinafter referred to as the “Organizer”), and the client (hereinafter referred to as the “Client”).
(2) The customer’s terms and conditions shall not apply, even if the organizer does not separately object to their validity.
(3) An entrepreneur within the meaning of Section 14 BGB is a natural or legal person or a partnership with legal capacity that acts in the exercise of its commercial or independent professional activity when concluding a legal transaction
(4) A consumer within the meaning of Section 13 BGB is any natural person who concludes a legal transaction for a purpose that cannot be attributed to either their commercial or independent professional activity.
2nd contract partner
The customer concludes contracts with:
Echt Köln
Markus Zens
Steinzeugstraße 15
50226 Frechen
E-mail: kontakt@echt-koeln,de
Phone: +49 (0)2234.6999722
3. conclusion of contract
(1) The offers on the organizer’s homepage do not constitute legally binding offers, but rather a non-binding invitation to the customer to inquire about the organizer’s services.
(2) Bookings for public guided tours are generally made online in accordance with the Ticket Portal’s General Terms and Conditions. Group bookings must be made in writing and can be made by email or post. When booking, the address, an e-mail address, a telephone number and the mobile telephone number of a contact person on site for the tour must be provided.
(3) A contract is only concluded when the organizer has confirmed the customer’s booking in writing or by e-mail (“order confirmation”). If the customer does not receive an order confirmation, the offer is deemed to have been rejected.
(4) In the case of non-binding inquiries by the customer, the organizer shall send a corresponding offer to the customer with reference to the inquiry. The contract is only concluded when the customer has accepted this offer from the organizer in writing or by e-mail.
4.tickets for public guided tours
(1) Payment for tickets for public guided tours shall be made electronically via the booking system of the commissioned ticket portal in accordance with the GTCs stored there and their conditions.
(2) Cash payments are not possible when booking tickets for public guided tours.
(3) After receipt of payment, the tickets will be sent electronically immediately. Dispatch by post is not possible.
(4) The customer is obliged to present the ticket either electronically or in printed form at the start of the tour.
(5) If the customer is unable to present the ticket, the organizer is entitled to withdraw from the contract and refuse participation in the event.
5. payment for booked group tours with a fixed date
(1) The customer shall receive an invoice in good time before the date for firmly agreed group tours confirmed by order confirmation. The amount is payable no later than 7 days before the event.
(2) If we do not receive the payment on time, we reserve the right to cancel the tour if the full price has not been paid.
(3) Cash payments on site are only possible by prior arrangement and only in special cases
5. scope of services
(1) The scope of the contractual service results from the service description of the respective booked service of the organizer. Beyond this, no specific content of the city tours is guaranteed.
(2) The organizer reserves the right not to conduct an event personally, but to commission another qualified city guide to conduct the event.
(3) The organizer or the respective city guide commissioned by the organizer is entitled to exclude participants from the tour if they are heavily intoxicated or in costume and therefore, in the opinion of the city guide on site, a safe execution of the event no longer appears to be guaranteed. This does not release the excluded participant or group from their obligation to pay the full agreed price.
6. prices and shipping costs
(1) All prices stated on the organizer’s homepage include the applicable statutory value added tax.
(2) The prices quoted relate exclusively to the guided tour. If additional costs, e.g. for transportation or catering, are included in the price, this must be expressly stated. Additional costs not listed are to be borne by the customer.
7. change of service / subsequent booking change
(1) Changes to the booked scope of services by the organizer are permitted insofar as the changes are reasonable for the customer, taking into account the interests of the organizer. Changes are reasonable in particular if they are not significant and do not significantly affect the overall service booked or if they are due to external circumstances for which the organizer is not responsible. Such circumstances may include, for example, the closure of restaurants or museums, road closures or sudden illness of the appointed city guide. If changes are not reasonable for the customer, taking into account the interests of the organizer, the organizer will offer free rebooking or the customer has the right to withdraw from the contract. The organizer will inform the customer immediately of any changes and deviations.
(2) The organizer reserves the right to reject change requests after a binding booking has been made. Any changes to bookings that have already been made can only be made with the consent of the organizer.
(3) In the event of subsequent rebooking of group tours that have already been bindingly booked, a processing fee may be charged depending on the work involved.
8. waiting times
(1) If the group or its representative has not arrived at the agreed meeting point or has not contacted the organizer by telephone within 30 minutes of the agreed time, the tour will no longer take place with full payment obligation.
(2) Public guided tours begin at the specified time. If the customer has not appeared by 10 minutes after the agreed time, he/she shall be deemed not to have appeared with full payment obligation.
(3) If the customer is late through his own fault, there is no right to extend the tour beyond the agreed time.
9 Cancellation, rebooking by the customer, no-show
(1) Bookings for public guided tours can be canceled free of charge up to 24 hours before the tour.
(2) Bindingly booked group tours can only be canceled free of charge up to 14 days before the date. Cancellations made up to 7 days before the tour will incur a fee of 30% of the total amount. Cancellations made later than this will incur a charge of 50% of the total amount.
(3) Should the group be smaller than agreed without prior agreement, the agreed price shall remain valid.
(4) If there are additional participants, a surcharge of at least €12 per person will be paid.
(5) If the group does not appear on the agreed date without prior notice, the full price must be paid.
10. right of withdrawal
With regard to the contracts offered in the Organizer’s online store, end customers (consumers within the meaning of Section 13 BGB) are generally entitled to a statutory right of withdrawal. However, as the services offered by the organizer are leisure activities with a specific date, the customer has no right of withdrawal.
11. liability
(1) Within the scope of the duty of care of a prudent businessman, Echt Köln is liable for the
conscientious preparation, the careful selection and monitoring of the service providers, the accuracy of the service description and the proper provision of the contractually agreed services. Echt Köln is not liable for the provision of possible transportation services. The conditions of carriage of the respective companies apply here. Echt Köln is not liable for service disruptions in the case of third-party services at these special events. In the event of culpable breach of contract with regard to main contractual obligations or in the event of culpable non-fulfillment of the contract, liability arising from the contract for damages that are not physical injury is limited to a maximum of the amount of the agreed fee in each case, insofar as damage to the client is neither caused intentionally nor through gross negligence on the part of Echt Köln. In the event of a merely negligent breach of duty with regard to other material damage by Echt Köln or by a vicarious agent, liability is limited to the foreseeable damage typical for the contract. The assertion of further claims against Echt Köln with regard to breaches of principal contractual obligations is excluded.
(2) Participation in the city tour as well as the journey to the meeting point and departure from the destination is at the client’s and participants’ own risk. Echt Köln is not liable for physical injury or accidents. The client is hereby advised that a generally good state of health is required to participate in the city tour.
(3) Insofar as Echt Köln concludes contracts with third parties on behalf of the client in fulfillment of the contract, Echt Köln’s activity in accordance with the order is limited to the selection of the relevant contractual partner and the conclusion of the corresponding contract in compliance with the limits set out in this contract. In particular, Echt Köln is not obliged to monitor the execution of such contracts itself. Third parties commissioned by Echt Köln in this way are not vicarious agents of Echt Köln. The organizer and its vicarious agents are only liable for intent and gross negligence and for the breach of material contractual obligations, i.e. those obligations whose fulfilment is essential for the proper execution of the contract and on whose compliance the client regularly relies and may rely. In the event of a slightly negligent breach of material contractual obligations, the organizer’s liability shall be limited to foreseeable damage typical of the contract. This limitation of liability does not apply to damages in the event of injury to life, limb or health.
(4) The organizer is not liable for the consequences of force majeure. This includes orders from authorities, civil unrest, terrorist attacks, fire, floods, power failures, accidents, storms, strikes, lockouts or other industrial action affecting the services of the organizer or third parties commissioned by the organizer.
12. out-of-court dispute resolution
The European Commission provides a platform for out-of-court online dispute resolution (ODR platform), which can be accessed at www.ec.europa.eu/consumers/odr. You can find our email address in our legal notice. We are neither obliged nor willing to participate in the dispute resolution procedure.
13. data protection
The customer allows the organizer to use his data for internal customer support. Customer data will not be passed on to third parties.
14. place of jurisdiction
The place of jurisdiction is Cologne.
15. if one of the above provisions is based on statutory provisions,
provisions or amendments to the law are invalid in whole or in part, all other provisions shall remain unaffected and shall continue to apply in full.
Frechen, 2021
