General Terms & Conditions
Object of the company
The object of marcmueller (referred to hereinafter as the Company) is the implementation and brokerage of sightseeing and circular tours in Hamburg, as well as excursions in the surrounding region.
The Company shall also advise the Client with regard to other providers and shall mediate their offers and services, e.g. vehicles, barges, jets, drivers, local guides, venues caterers, etc.
The sightseeing and circular tours shall last approximately 1 ½ - 2 hours, unless no other arrangements have been made.
Field of application
These General Terms & Conditions shall apply to all current and future business relations. The validity of these General Terms & Conditions shall be acknowledged and accepted by the client upon the placing of a reservation. Conditions imposed by the Client that differ from the General Terms & Conditions shall not be accepted by the Company. Should the services of third-party providers be availed of, the respective terms and conditions of the contractual partner shall apply upon closure of the contractual agreement.
Conclusion of a contract
A contractual agreement between the Company and the Client shall be constituted either through written confirmation of the reservation by letter, fax or email by the Company, or by fulfilment of the reservation on the part of the Company after spoken consultation or coordination by phone. Any alterations to reservations that have already been confirmed are subject to approval by the Company.
Obligations of the Client
A reservation confirmation must be checked by the Client upon receipt for completeness and accuracy. The Client shall refer the Company to any discrepancies without delay.
Limitation of liability
Anybody participating in tours and events does so at their own risk.
In the case of slightly negligent breaches of obligations, the liability of the Company shall be limited to the foreseeable, immediate, average damages that might occur under the contract. This shall also apply to slightly negligent breaches of obligations on the part of the legal representative of the Company or any of its vicarious agents.
The Company shall not assume liability in the case of slightly negligent breaches of obligations as per contractual agreements with companies.
The aforementioned limitation of liability shall not apply in the case of injury to a person's health or physical well-being that is attributable to the Company, nor in the case of the loss of the Client's life that is attributable to the Company.
No liability shall be assumed for any accidents that are not the fault of the Company, not for any damage of loss of material belongings.
The offers quoted are non-binding examples of possible prices. Those prices shall apply that are agreed upon closure of the contractual agreement.
All costs incurred in connection with consultation services and processing of the reservation order (expenses, e.g. travel and subsistence costs, admission fees), shall be invoiced to the Client.
Services by third-party providers shall be charged directly to the Client by the respective service provider.
If the destination of transfers is located outside of Hamburg, an additional charge will be made subject to the particular case in question. A 'late-night' and 'early-morning' surcharge between 8:00 p.m. and 7:00 a.m. of EUR 50,00 shall apply.
The daily rate in the case of travel excursions shall apply from the 5th to the 10th hour and shall be subject to additional expenses incurred. The half-day rate shall apply for a period of 4 hours and shall also be subject to additional expenses incurred.
Tour preparations and the relevant planning discussions involved are included in the price. Children up to 12 years of age shall go free of charge.
Cancellation and rescission
The following compensation fees shall apply in the case of cancellation / rescission of a binding reservation by the Client:
- 50% of the total gross price for cancellations up to 7 days beforehand
- 100% of the total gross price for cancellations up to 24 hours beforehand
- 100% of the total gross price in the case of non-attendance
- 100% of costs incurred prior to cancellation must be covered in all cases
Invoices shall be payable upon receipt and in full, as per agreement, to a bank account stated by the Company.
Place of performance and court of jurisdiction
The place of performance and court of jurisdiction is the registered location of the Company, in so far as is legally permissible. T
he Company is entitled to assert any claims for compensation made against the Client at any other court of jurisdiction to which the Client is accountable.
German law shall apply upon closure of contracts.