Preamble
For better readability, this text refrains from using simultaneous male and female language forms. All personal designations apply equally to all genders.
In the following provisions, the term “Client” refers to the person booking the tour, and “Service Provider” refers to the tour guide.
(1) Legal Status of the Contracting Parties
The legal relationship between the Service Provider and the Client of the tour is governed by the agreement made with the tour guide, supplemented by these GTC, and subsidiarily by the statutory provisions of service contracts (§§ 611 et seq. BGB).
(2) Description of Services
The offered tours showcase the cultural landscape of the vineyards around Kallstadt, highlighting regional specialties. Details about the services are provided in the description of each tour.
(3) Validity of the General Terms and Conditions
The Client acknowledges these General Terms and Conditions upon booking. The contract is concluded exclusively based on these GTC of the Service Provider. Other contractual frameworks are not applicable, even if individual regulations are not included in these GTC.
(4) Conclusion of Contract and Client
The Client submits a binding offer to conclude a service contract according to §§ 611 et seq. BGB by making a written or verbal inquiry. The service contract is typically concluded through written confirmation by the Service Provider or by the Tourist Information of the Freinsheim vacation region acting as an intermediary on behalf of the Service Provider.
The booking becomes binding when the Client confirms the offer and attached GTC within the specified period in the offer or confirmation email, either verbally or in writing.
For group bookings, the person making the inquiry acts as the group Client and is the contractual partner of the Service Provider. The group Client is responsible for full payment for the group, including any cancellation fees.
(5) Changes, Additions, and Side Agreements to Services
The type and scope of the services are as described in the booking confirmation. Changes, additions, or side agreements must be made in writing.
A fee of 30.00 € will be charged for changes, additions, or side agreements requested by the Client after the booking confirmation has been issued.
The Service Provider reserves the right to make necessary changes to the service. The Client will be promptly informed in writing, and the agreed fee remains unaffected.
The indicated tour duration is approximate and may vary depending on group size or other factors. The Client is advised to account for potential deviations when planning subsequent appointments.
Tours occur in all weather conditions, except during thunderstorms, storms, or official severe weather warnings. Alternative solutions can be discussed in such cases. Weather-related adjustments to the tour may be arranged on-site between the Client and the Service Provider.
(6) Minimum and Maximum Group Size
The minimum number of participants for public tours is six. If fewer participants are registered, the tour may be canceled, or individual solutions may be arranged in consultation with the participants.
The maximum number of participants for public tours is 25. For private tours, different group sizes can be agreed upon. Private tours are charged a base group price for up to 10 participants (10 times the regular price per person), even if fewer participants attend.
(7) Fees
The fees for tours are as specified in the service description and booking confirmation.
If a different fee has been agreed upon, that individual agreement takes precedence (§ 305b BGB).
A surcharge of 50.00 € is added for tours conducted in a foreign language, which must be requested before booking.
An additional fee of 20.00 € is charged if the Client requests a starting or ending point different from the regular locations.
No VAT is included in the fees, as the Service Provider is a small business under § 19 UStG.
(8) Payment
Unless otherwise agreed in writing, payment is due in full in cash on the day of the service in the agreed currency. On-site payment via instant bank transfer is also possible. Prepayment is accepted.
Receipts (§ 368 BGB) or invoices (§ 14 UStG) will be provided upon prior request.
Additional services agreed upon during the tour must be paid immediately in cash. If the Service Provider incurs third-party costs before the service, these costs will be invoiced to the Client and must be paid before the service is rendered.
A 30% deposit of the total agreed price may be required for specially designed tours. This deposit is payable upon conclusion of the contract.
Credit card payments, checks, PayPal, or other methods are not accepted.
(9) Waiting Time of the Service Provider
Delays must be communicated to the Service Provider as soon as possible via the Client’s mobile number.
For public tours, the Service Provider will wait 10 minutes at the meeting point. After 5 minutes, the tour may start for attendees present, and late participants can join later. The Service Provider’s full fee remains payable.
For exclusive tours, the Service Provider will wait for the entire group. If the delay shortens the tour time, the full fee still applies. Extensions are subject to feasibility and additional fees of 30.00 € per 30 minutes, payable in cash.
(10) Cancellation by the Service Provider
If compelling reasons necessitate a substitute guide, the Client will be consulted. The Client retains their rights under § 309 No. 10 (b) BGB.
In cases of force majeure, the Service Provider may cancel, terminate without replacement, or offer alternatives. Compensation to the Client is excluded.
The Service Provider may terminate the contract without notice if the Client or a participant disrupts the tour persistently or breaches the agreement.
(11) Cancellation by the Client
Cancellations must be made in writing. Policies differ for exclusive tours and public tours with individual bookings:
Exclusive Tours
- Up to 29 days before the service date: Free of charge
- 28 to 7 days before the service date: 50% of the fee
- 6 to 3 days before the service date: 75% of the fee
- Within 48 hours: Full fee
Public Tours
- Up to 8 days before the service date: Free of charge
- 7 to 2 days before the service date: 50% of the fee
- From the day before: Full fee
Substitute participants may be named to replace the Client.
No-shows or unused bookings will not be refunded. Early terminations by the Client will not result in reduced fees.
(12) Copyright and Other Rights of the Service Provider
Audio or video recordings of the Service Provider or the tour content are prohibited.
Distributed materials may not be reproduced without consent.
(13) Client Obligations
The Client must cooperate in fulfilling the contract and avoid disruptions. They must inform the Service Provider of specific group needs in advance. Complaints must be reported immediately, and claims made within one month. Claims expire six months after the service.
(14) Liability
The Service Provider’s liability is limited to the agreed service and capped at the tour fee. Exceptions apply for damages caused by gross negligence or intentional acts.
Minors’ supervision remains with parents or guardians. Professional liability insurance is held through BVGD membership www.bvgd.org.
(15) Applicable Law
German law applies exclusively to the contract.
(16) Jurisdiction
The place of jurisdiction is Bad Dürkheim.
(17) Severability Clause
Invalid provisions do not affect the contract’s validity. Legal provisions replace invalid terms.