General Terms and Conditions for the Use of the Mediation Service (Mediation Conditions) of the Association of Tour Guides of Nuremberg 'Die Stadtführer' e.V.
We are delighted that you have decided to book a guided tour through our mediation service. The following general terms and conditions provide you with an overview of your rights and obligations in the legal relationship between you and the Association of Tour Guides of Nuremberg 'Die Stadtführer' e.V. as the mediation service provider (mediator), and they regulate this relationship in a binding manner.
The guided tour takes place based on a service contract established between you (the guest/client) and the tour guide (contractor). The general terms and conditions that govern this service contract will be provided to you in digital form by the Association of Tour Guides of Nuremberg upon booking and confirmation of the order, and they are attached to our terms and conditions for your reference.
1. Basis of Mediation
1.1 The Association of Tour Guides of Nuremberg 'Die Stadtführer' e.V. acts as the mediator of the contract between the guest (also referred to as the tour client) and the tour guide.
1.2 The tour guides mediated by the Association of Tour Guides of Nuremberg 'Die Stadtführer' e.V. enter into a separate service contract with you and use their own terms and conditions (AGB). These AGB will be provided to you in digital form by the Association of Tour Guides of Nuremberg 'Die Stadtführer' e.V. upon booking and confirmation of the order. The AGB used by the tour guide become part of the service contract for the guided tour after the contract is concluded, which is confirmed on behalf of the tour guide by the Association of Tour Guides of Nuremberg 'Die Stadtführer' e.V.
1.3 If a company, institution, or a group of private individuals books guided tours (such as adult education centers, school classes, clubs, travel agencies, incentive or event agencies), this is considered as a "booking by a group client." This group client is the sole client and thus, within the framework of the mediation contract, the contracting partner of the Association of Tour Guides of Nuremberg 'Die Stadtführer' e.V.
1.4 The group client is only not considered the client if, when making the booking, they explicitly agree with the mediator that they are making the booking only as a legal representative of the later participants. In this case, the group client is personally responsible for all costs arising from the booking (including admission fees).
2. Termination/Cancellation/Non-Utilization by the Guest (Client)
2.1 Once the guest has received the booking confirmation, they can terminate the service contract free of charge only within three full working days before the agreed date. The termination can only be made via email (info(at)nuernberg-tours.de) to the official business office of the mediator (The Association of Tour Guides of Nuremberg 'Die Stadtführer' e.V.). The email must be received by 4:30 PM of the fourth business day before the agreed date, in the provided email account of the mediator's business office. The mediator is authorized to accept the termination on behalf of the contractor.
2.2 In the event of termination within three business days or less before the appointment, the agreed fee becomes due for payment in full.
3. Liability of the Mediator
The Association of Tour Guides of Nuremberg 'Die Stadtführer' e.V. as a pure mediation service provider cannot be held liable for services and personal or property damages arising in connection with a guided tour.
The agreed and contractual services include insurance for the benefit of guests or group clients only if expressly agreed upon.
5. Enforcement and Statue of Limitations
5.1 All claims of the guest or the group client must be submitted in writing. Claims of the guest or the client against the mediator, regardless of the legal basis, except for claims of the guest or the client arising from unlawful acts, become time-barred within one year.
5.2 The statute of limitations begins at the end of the year in which the claim arose and the guest or the client became aware of the circumstances giving rise to the claim against the mediator, and the mediator themselves as the opposing party to the claim, or should have become aware of them without gross negligence.
5.3 During ongoing negotiations regarding claims submitted in writing to the mediator, the statute of limitations is suspended until the guest or the client, or the mediator, refuses to continue the negotiations. The statute of limitations begins at the earliest three months after the end of the suspension.
6.1 The place of jurisdiction is Nuremberg.
6.2 Lawsuits against the mediator can only be filed at the general place of jurisdiction of the mediator.
6.3 For lawsuits brought by the guest or group client, the general place of jurisdiction of the guest or group client shall apply.