General terms and conditions (GTC) of yourmunichtour for guided tours in Munich, Bavaria and Austria
In the regulations to follow the customer booking the tour will be called principal and yourmunichtour will be called contractor.
1. Specification and performance of services
The specification of every tour can be found in the associated description of the tour. yourmunichtour is reserving the right for alterations without prior notice in case there are special conditions concerning the tour.
Services differ in the essentials by offers for walking tours in Munich for parties between 15 and 30 guests (you can find the maximum number of participants in the respective tour description) called walking tours in the text to follow, and offers for tours in the surrounding areas by large capacity vehicles for parties of up to 8 guests (called tours in the surrounding areas in the text to follow).
yourmunichtour, represented by its owner Alexander Kardaschenko is cooperating with a team of well-trained tour guides. The principal has no entitlement to a certain tour guide, as long as the executing tour guide can meet the requirements of the principal.
2. Effectiveness of the general terms and condition (GTC)
The principal is accepting these GTC when placing an order for a tour. The principal is booking solely taking yourmunichtour’s GTC as a basis. Conflicting GTC or GTC of the principal differing from yourmunichtour’s GTC will not be acknowledged by yourmunichtour, unless yourmunichtour would have explicitly agreed to their legitimacy in written form. The implicit acceptance of bookings and payments by yourmunichtour doesn’t signify an agreement to conflicting conditions of the principal.
3. Change, endorsement, side agreement of the services
Nature and extend of the contractual services are arising from the description of the service in the booking confirmation.
Changes, additions and side agreements must be given in writing anyway.
Additional charges may be added to the fee for any changes, additions or side agreements that are made on request of the principal after the booking confirmation has been prepared and sent. Yourmunichtour will inform the principal about any additional fees in written form. The principal has to reconfirm them in writing as well.
The contractor explicitly reserves the right to declare a change to the agreement, if imperative necessities require a move like this. The principal will be informed in written form immediately. The amount of the contractor’s fee will not be touched by this.
The information about the length of the tour is an estimation based on the contractor’s experience. Due to the size of the party or other exceptional circumstances the length of the tour may be differing. The principal is committing to consider this when planning add-on events.
4. Specific features of sightseeing tours by bus
If the party is using its own bus for a sightseeing tour, it’s the principal’s duty to take care of the availability of a seat with a seat belt, as well as a working microphone system for the contractor. In case there is no seat belt, the contractor has the right to refuse to perform the tour. In case the microphone system is missing or not working, no or only limited comments will be possible. Regardless of this, the contractor is entitled to the complete fee agreed upon.
As of 01.10.2008 Munich is low-emission zone within the boundaries of “Mittlerer Ring”. To enter this zone you need a pollution badge for the vehicle. Information is available at the vehicle licensing authority, at the technical control board or at www.umweltplakette.de
5. Specific features when entering third party properties
Events in third party properties you may want to visit may have to be cancelled, although they may have been planned. Regardless of this, the contractor is entitled to the complete fee agreed upon. We ask for your understanding, if due to usage by the owner of the property or a third party, unknown to us at the conclusion of the contract, a tour through this property is not, or only partially possible.
6. Maximum number of participants
The maximum number of participants can be found in the respective tour description.
If the group is exceeding the stated maximum number for the chosen tour, it is necessary to book a second guide. This applies especially to tours in buildings.
For tours in Munich and its surrounding areas fees will be charged as follows:
- All walking tours in Munich: 180,00 € (up to 2 hours), each additional hour 50,00 €
- Viktualienmarkt tasting tour: 210,00 € (up to 2 hours) + an additional tasting fee / per person, starting from 10,00 € and depending on your culinary wishes. Each additional hour 50,00 €
- Dachau Memorial Site – autonomous arrival: 220,00 € (up to 3 hours), every additional hour 50,00 €
- Dachau Memorial Site Individual tour up to 8 guests: Transfer with large capacity vehicle (pick up at an address in Munich) to Dachau Memorial Site, guided tour and transfer back (drop off at an address in Munich): 410,00 € (up to 4,5 hours), each additional hour 60,00 €
- Sightseeing tour by large capacity vehicle: 210,00 € (up to 2 hours), each additional hour 60,00 €
- Individual tours – tours to the surrounding areas of Munich by large capacity vehicle: 1 – 3 guests: 690,00 € (up to 10 hours) + 25,00 Euro for each additional guest – up to 8 passengers, each additional hour or part thereof 70,00 €
In case a different fee has been agreed upon, this individual agreement has priority;
referring to §305b, BGB (priority of individual agreement versus GTC)
In case the principle would like to be picked up / dropped off at an address outside Munich city area, the additional expense for transportation will be added to the invoice.
In case the principal wanting to have breaks during the tour, this time out will be deducted from the length of the tour. In case the tour will consume more time due to the break, the rates per hour mentioned above will apply.
Depending on the guide 19% VAT are either included, or not shown (§19 small business status)
Prices include 19% VAT
Unless agreed upon differently in written form, the payment has to be made to the contractor on the day of the service in cash, fully and in the currency agreed upon.
If you need a receipt in terms of §368 BGB or an invoice in terms of §14 UStG, you are kindly asked to tell the contractor in advance.
In case additional services are being negotiated during the service, they will have to be paid cash immediately.
If the principal is asking for any additional services necessary to be organized and prepaid by the contractor, the services have to be requested by the principal in written form. This additional payment (prepayment) is due on the day of the service, together with the regular fee for the tour, fully, in cash and in the currency agreed upon.
- A deposit of 40,00 € can be requested by the contractor for every walking tour in Munich.
- A deposit of 150,00 € is mandatory for every tour in the surrounding areas, unless differently agreed upon in written form by principal and contractor.
9. Entrance fees
Any costs which may arise for entrance fees, tickets, additional transfer fees for carriages, buses, ropeways, mountain railways or any activities to charge, which are additionally requested by the principal, have to be paid for by the principal in addition to the fee for the tour service, unless agreed upon differently in written form in the confirmation of the service. The corresponding amount will be paid by the principal at the pay booth when entering the object requiring an entrance fee.
10. Standby time of the contractor
The principal has to inform the contractor immediately about any delays, calling the mobile phone number he got with the confirmation.
The contractor will be waiting half an hour for the party to show up completely. If the booked service has to be shortened due to the delay of the principal, the fee agreed upon in the confirmation will be due nonetheless. In case the principal will be late, there is no entitlement for a prolongation of the tour or any reduction of the fee. Time passed by waiting for the principal will be at the tour length’s expense. In case principal and contractor agree upon a prolongation of the tour on site, the principal has to pay the additional expenses. The hourly wages in article 7 are applicable.
In case of a delay of 60 minutes and more the contractor has the right to rescind the contract, because the tour cannot be performed within the time remaining. Regardless of this, the contractor is entitled to the complete fee agreed upon.
11. Withdrawal by contractor
In case that for any compelling reasons another guide has to perform the tour on conditions agreed upon as a substitute, the principal will be consulted. Refer to the contractor’s rights §309 No. 10b BGB. In case the fulfillment of the contract will be endangered, affected or made impossible by act of nature, the contractor can withdraw from the agreed performance, or end it without substitution. Any reimbursement is explicitly excluded.
12. Withdrawal by principal
Any withdrawal from the contract (cancellation) has to be in writing.
In case of cancellation by the principal the following charges are mandatory:
- up to 14 days before service: free of charge (any deposit will be refunded)
- 13 – 7 days before service: 50% of the fee agreed upon (any deposit will be cleared)
- 6 – 3 days before service: 75% of the fee agreed upon (any deposit will be cleared)
- 2 days or less before service: 100% of the fee agreed upon (any deposit will be cleared)
The contractor is reserving the right to invoice services agreed upon and already rendered (tickets bought in advance, for example). In case the principal does not show up on the day of the booked service, or does not keep the appointment for any reason, not induced by the contractor, the fee agreed upon in the contract will be invoiced in full. The principal has no right to make up for the service at a subsequent date.
In case the principal asks for an early ending of the tour, the fee agreed upon is fully due.
In case the principal doesn’t attend any parts of the tour due to early departure or for any reasons that are not in the responsibility of the contractor, there is no right of reimbursement or reduction of the fee agreed upon.
13. Copyright and other rights of the contractor
Unless expressly permitted there is no video and audio recording of the contractor and of the content of the tour. The reproduction of displayed photo and educational material is prohibited unless the contractor is giving his consent.
14. Principal’s duty of collaboration
It’s the principle’s duty, to cooperate in the fulfillment of the contract and to avoid damages and perturbations.
It’s his particular duty to inform the contractor in time about any particularities concerning the group (impaired mobility, standing disabilities or similar disorders). In case there is no prior notification or just right before the start of the tour, the contractor does not assume liability for any possible service limitations.
Any complaints have to be brought to the contractor’s notice immediately. Any charges due to no or incomplete service delivery have to be brought to the contractor’s notice in written form not later than a month after the fulfillment of service. Any claims expire by limitation 6 months after the fulfillment of the service agreed upon.
The conductor’s liability is limited to the fulfillment of services agreed upon and is limited in terms of money to the fee for the service agreed upon. This financial limitation of liability is not valid concerning damages violating life, body or physical health, resulting from an intentional or reckless neglect of duty by the principal, or his representative or his proxy.
Due to the membership in BVGD there is professional liability and a pecuniary damage liability insurance via Bundesverband Deutscher Gästeführer e.V. More information on www.bvgd.org
There is no responsibility for participating minors. The responsibility is remaining with the parents, legal representatives or attendants.
16. Applicable law
In case there is no regulation in these GTC and no further written agreement between principal and contractor, only German law is applicable concerning contractual relationship between principal and contractor.
17. Legal venue
Legal venue is Munich.
18. Severability clause
In the event of any provision in these conditions or in connection with other agreements being or becoming invalid, the remaining provisions or agreements shall not be affected thereby. In this particular case invalid regulations are replaced by legal regulations.