terms and conditions

terms and conditions

of the Cologne Blickfang, agency for city tours, events and leisure activities (Heike Kleuser)

The following terms and conditions (GTC) are the basis and part of every contractual agreement between Kölner Blickfang, Agentur für Stadtführungen, Events und Freizeitgestaltung (Heike Kleuser) and the client. Contradictory regulations in general terms and conditions of the client are hereby expressly contradicted by Kölner Blickfang, Agentur für Stadtführungen, Events und Freizeitgestaltung (Heike Kleuser). These General Terms and Conditions apply only to contracts in which consumers are not involved.

§ 1 Conclusion of contract
Contracts between the Kölner Blickfang, Agentur für Stadtführungen, Events und Freizeitgestaltung (Heike Kleuser) and the client are only concluded with the explicit acceptance by the Kölner Blickfang, Agentur für Stadtführungen, Events und Freizeitgestaltung (Heike Kleuser). Offers are subject to change. The scope of the contractual service obligation results exclusively from the service description of Kölner Blickfang, Agentur für Stadtführungen, Events und Freizeitgestaltung (Heike Kleuser) and / or the information in the contract confirmation. Additional agreements that change the scope of the contractual services require an express written confirmation. Changes or deviations of individual contractual services from the agreed content of the contract, which become necessary after the conclusion of the contract, are permitted, as long as the changes or deviations are not significant and do not affect the overall design of the agreed contractual services. Kölner Blickfang, Agentur für Stadtführungen, Events und Freizeitgestaltung (Heike Kleuser) undertakes to inform the client immediately of any changes in services or deviations.

§ 2 Prices
All prices are net, without value added tax. Unless otherwise agreed, the commissioning of third parties is done in the name and for the account of Kölner Blickfang, Agentur für Stadtführungen, Events und Freizeitgestaltung (Heike Kleuser). In this case, Kölner Blickfang, Agentur für Stadtführungen, Events und Freizeitgestaltung (Heike Kleuser) is not obligated to invoice for the services rendered by third parties on its behalf or to submit invoices of the person commissioned by it. Services not estimated in the offer, which are performed at the request of the client or additional expenses, which are caused by incorrect information of the client, by transport delays through no fault of the client or by preliminary services of third parties, which are not vicarious agents of Kölner Blickfang, Agentur für Stadtführungen, Events und Freizeitgestaltung (Heike Kleuser), will be invoiced to the client additionally according to the current rates of remuneration of Kölner Blickfang, Agentur für Stadtführungen, Events und Freizeitgestaltung (Heike Kleuser).

§ 3 Payment
Kölner Blickfang, Agentur für Stadtführungen, Events und Freizeitgestaltung (Heike Kleuser) is entitled to invoice and collect each individual service immediately after it has been rendered. Unless otherwise agreed, invoiced amounts are due for payment immediately upon receipt of the invoice, but no later than 14 days prior to the event. Any additional services not previously agreed upon will be invoiced upon completion of the event and are due for payment immediately. Deductions of any kind are excluded. Deposits do not accrue interest. We offer convenient payment options: Payment for city tours for smaller numbers of participants: On site against receipt. Payment by invoice: We will send you an invoice by e-mail with bank details. The prices at the time of ordering and booking apply. The currency is Euro. Your data are exclusively for the purpose of your booking and will not be passed on to third parties under any circumstances.

§ 4 Withdrawal
The client is entitled to withdraw from this contract up to 7 days before the agreed start of the service. In the event of withdrawal, the client must make the following payments to Kölner Blickfang, Agentur für Stadtführungen, Events und Freizeitgestaltung (Heike Kleuser):

  1. If the Client withdraws from the contract, he shall, unless otherwise agreed, compensate the direct costs incurred up to the time of withdrawal, as well as the lost profit as minimum damages. The lost profit shall amount to at least 30 % of the net order sum before value added tax. The assertion of a higher damage by the Kölner Blickfang, Agentur für Stadtführungen, Events und Freizeitgestaltung (Heike Kleuser) remains reserved.
  2. The planning and organization as well as terrain / room rental are to be paid in full in the amount incurred.
  3. of the incurred implementation costs (personnel, catering, etc.) are to be paid:
    • in the event of cancellation up to 40 days before the start of the service: 30%.
    • in the event of cancellation up to 30 days before the start of the service: 40%.
    • in the event of cancellation up to 15 days before the start of the service: 50%.
    • in case of cancellation up to 7 days before the beginning of the service: 60%.
    • in the event of cancellation after the 7th day before the start of the service: 70%.
    • or in case of no-show 100 %.

The start of the service is considered to be the start of events, as well as generally the day on which the Kölner Blickfang, Agentur für Stadtführungen, Events und Freizeitgestaltung (Heike Kleuser) is obligated on its part to provide the contractually owed service. The withdrawal has to be made in writing. The date of receipt of the notice of withdrawal by Kölner Blickfang, Agentur für Stadtführungen, Events und Freizeitgestaltung (Heike Kleuser) shall be considered the cut-off date for the calculation of the deadline. The cancellation payments do not apply to services of Kölner Blickfang, Agentur für Stadtführungen, Events und Freizeitgestaltung (Heike Kleuser) in the context of rental of objects. For such contracts, a lump sum in the amount of a uniform 30 % of the agreed price is to be paid by the client in case of withdrawal. The withdrawal payments have been determined taking into account the usually saved applications. The proof of a higher damage remains unaffected. For each case of withdrawal of the Kölner Blickfang, Agentur für Stadtführungen, Events und Freizeitgestaltung (Heike Kleuser) towards the client, the expenses shall be limited to an amount of 10 % of the agreed price. The client is at liberty to provide evidence for lower expenses of Kölner Blickfang, Agentur für Stadtführungen, Events und Freizeitgestaltung (Heike Kleuser). The client bears the burden of proof for this. In this case, the burden of proof by taking witnesses is excluded.

§ 5 Cancellation
If the event is significantly impeded, endangered or impaired as a result of force majeure that was not foreseeable at the time the contract was concluded, both Kölner Blickfang, Agentur für Stadtführungen, Events und Freizeitgestaltung (Heike Kleuser) and the client may terminate the contract. If the contract is terminated, Kölner Blickfang, Agentur für Stadtführungen, Events und Freizeitgestaltung (Heike Kleuser) may demand reasonable compensation for the services already rendered or still to be rendered for the termination of the event.

§ 6 Liability
The liability of Kölner Blickfang, Agentur für Stadtführungen, Events und Freizeitgestaltung (Heike Kleuser) towards the client for damages due to pre-contractual or contractual claims is limited to the total amount of 3 times the agreed price, as far as a damage was caused neither intentionally nor grossly negligent by Kölner Blickfang, Agentur für Stadtführungen, Events und Freizeitgestaltung (Heike Kleuser). Apart from that, liability for slight negligence - as far as legally permissible - is excluded. It is agreed between Kölner Blickfang, Agentur für Stadtführungen, Events und Freizeitgestaltung (Heike Kleuser) and the client that the client uses the services of Kölner Blickfang, Agentur für Stadtführungen, Events und Freizeitgestaltung (Heike Kleuser) basically at his own risk. A liability due to a tortious act is limited or excluded to the same extent as under § 5 number 1. and 2. - as far as legally permissible. In case of a service offer of the Kölner Blickfang, Agentur für Stadtführungen, Events und Freizeitgestaltung (Heike Kleuser) with increased risk, the Kölner Blickfang, Agentur für Stadtführungen, Events und Freizeitgestaltung (Heike Kleuser) can demand the signing of a separate disclaimer. Kölner Blickfang, Agentur für Stadtführungen, Events und Freizeitgestaltung (Heike Kleuser) undertakes to offer a higher liability sum upon request of the client by taking out or arranging an appropriate liability insurance, if these risks can be covered. In this case, the insurance premiums for the higher insurance will be reimbursed to Kölner Blickfang, Agentur für Stadtführungen, Events und Freizeitgestaltung (Heike Kleuser) as expenses. For the rest, the above liability regulations remain in effect. As far as Kölner Blickfang, Agentur für Stadtführungen, Events und Freizeitgestaltung (Heike Kleuser) has to offer and render its services to third parties (i.e. persons who can be attributed to the client's camp, such as vicarious agents of the client, guests of the client, etc.) on behalf of a client, the client shall indemnify Kölner Blickfang, Agentur für Stadtführungen, Events und Freizeitgestaltung (Heike Kleuser) from all liability claims of third parties, as far as these exceed the aforementioned liability limits. The client is obliged to agree on similar limitations and exclusions of liability with the participants in favor of Kölner Blickfang, Agentur für Stadtführungen, Events und Freizeitgestaltung (Heike Kleuser). Kölner Blickfang, Agentur für Stadtführungen, Events und Freizeitgestaltung (Heike Kleuser) does not assume any liability for all material, equipment and places provided by the client or third parties for the realization of events. In this respect, the client exempts Kölner Blickfang, Agentur für Stadtführungen, Events und Freizeitgestaltung (Heike Kleuser) from any liability claims raised by the client or participants against Kölner Blickfang, Agentur für Stadtführungen, Events und Freizeitgestaltung (Heike Kleuser). The Kölner Blickfang, Agentur für Stadtführungen, Events und Freizeitgestaltung (Heike Kleuser) is in particular not liable if the operating personnel is subject to the instructions of the client during the action.

§ 7 Rent
As far as Kölner Blickfang, Agentur für Stadtführungen, Events und Freizeitgestaltung (Heike Kleuser) rents or lends objects of any kind, the client is liable in case of loss, damage or other impairment of the substance and the purpose of use of the rented or lent objects. The replacement value is to be taken as a basis for claims for compensation by Kölner Blickfang, Agentur für Stadtführungen, Events und Freizeitgestaltung (Heike Kleuser). The agency can demand the conclusion of an insurance policy from the client for the aforementioned risks.

§ 8 Mediation service
The Kölner Blickfang, Agentur für Stadtführungen, Events und Freizeitgestaltung (Heike Kleuser) is not liable for service disruptions and damages in connection with services that are merely mediated as third-party services and/or that are expressly identified as third-party services in the offer. If, in the case of an intermediary transaction, one of the clients is unable to perform the service for which he is responsible, Kölner Blickfang, Agentur für Stadtführungen, Events und Freizeitgestaltung (Heike Kleuser) shall be exempt from all claims of the respective other client. This also applies to claims arising from breach of contract or other claims for damages. As far as Kölner Blickfang, Agentur für Stadtführungen, Events und Freizeitgestaltung (Heike Kleuser) acts as an agent and agency of services, artistic performances etc., the respective client undertakes not to use the contacts established by Kölner Blickfang, Agentur für Stadtführungen, Events und Freizeitgestaltung (Heike Kleuser) for the conclusion of direct business transactions. This obligation of the client is limited to the specific duration of the individual order. In case of a violation of this obligation, Kölner Blickfang, Agentur für Stadtführungen, Events und Freizeitgestaltung (Heike Kleuser) shall be put in a position as if the unauthorized direct business had been arranged by Kölner Blickfang, Agentur für Stadtführungen, Events und Freizeitgestaltung (Heike Kleuser). In this case, Kölner Blickfang, Agentur für Stadtführungen, Events und Freizeitgestaltung (Heike Kleuser) is entitled to payment of the brokerage commission - per violation of the client - which the client would have paid to Kölner Blickfang, Agentur für Stadtführungen, Events und Freizeitgestaltung (Heike Kleuser) for the brokerage transaction. If the Kölner Blickfang, Agentur für Stadtführungen, Events und Freizeitgestaltung (Heike Kleuser) acts as an intermediary in the name of and on behalf of the client, the client has to bear costs directly that arise in connection with the execution of the event, such as GEMA, local taxes or similar.

§ 9 Warranty
The Kölner Blickfang, Agentur für Stadtführungen, Events und Freizeitgestaltung (Heike Kleuser) has the right to withdraw from events for which the participation of the client requires special physical or other aptitudes, even during the duration of the event, as far as the execution of the contract is impossible for these reasons and the withdrawal is also in the well-understood interest of the client or the participating third parties. Kölner Blickfang, Agentur für Stadtführungen, Events und Freizeitgestaltung (Heike Kleuser) is also entitled to exclude individual participants from the event if this appears necessary for reasons that lie in the person of the client. Should a service not be provided or not be provided in accordance with the contract, the client must immediately give notice of the deficiency in performance and demand a remedy. The client can only refuse substitute services of Kölner Blickfang, Agentur für Stadtführungen, Events und Freizeitgestaltung (Heike Kleuser), if this is not reasonable for him for an important reason recognizable to Kölner Blickfang, Agentur für Stadtführungen, Events und Freizeitgestaltung (Heike Kleuser). In particular, if the acceptance of the substitute service would impair the overall quality of the booked event. In the event of any service disruptions, the client is obliged to cooperate within the framework of the legal provisions to avoid or minimize any damage. In the event of any disruptions in performance, the client is obliged to do everything reasonable to contribute to the elimination of the disruption and to keep any damage to a minimum. As far as the client requests a reduction of the contract price owed by him because of alleged bad performance of the contract by Kölner Blickfang, Agentur für Stadtführungen, Events und Freizeitgestaltung (Heike Kleuser), he is obliged to inform Kölner Blickfang, Agentur für Stadtführungen, Events und Freizeitgestaltung (Heike Kleuser) immediately, giving reasons. If the contractual partner is a merchant or a legal entity or an entrepreneur in the sense of § 14 BGB (German Civil Code), the following applies: In the event of a complaint, claims against Kölner Blickfang, Agentur für Stadtführungen, Events und Freizeitgestaltung (Heike Kleuser) can only be asserted if a defect in performance has been reported immediately within the meaning of § 377 HGB (German Commercial Code) after the contractually stipulated end of the event. If the client provides premises and areas for the execution of the event, he is responsible for ensuring that the premises and areas provided are approved and suitable for the feasibility of the event. The client then assumes in particular the obligation to obtain any necessary permits, to secure routes and areas against general hazards and to exclude sources of danger. The client assumes the obligation to ensure traffic safety for the premises and areas made available by him. He exempts the Kölner Blickfang, Agentur für Stadtführungen, Events und Freizeitgestaltung (Heike Kleuser) from any liability resulting from a violation of the duty to ensure traffic safety, from the condition or the location of the premises and areas provided.

§ 10 Protection against competition
The persons employed by Blickfang, Agentur für Stadtführungen, Events und Freizeitgestaltung (Heike Kleuser) are not allowed to be employed by the client as temporary or permanent staff or to be commissioned as subcontractors or to be placed with third parties for a period of 18 months after the end of the assignment with the client. For each case of violation, a contractual penalty of 5,000.00 € per person is agreed. Further claims for damages remain unaffected.

§ 11 Closing provision
All personal data provided to Kölner Blickfang, Agentur für Stadtführungen, Events und Freizeitgestaltung (Heike Kleuser) for the handling of the event are protected against misuse according to BDSG. The client declares his consent to the storage of the data required for the processing of the order. Should individual provisions of these GTC become invalid, this shall not affect the validity of the remaining provisions. In place of the invalid provision, a provision shall be agreed upon that comes as close as possible to the economic purpose of the parties. The law of the Federal Republic of Germany shall apply.

§ 12 Jurisdiction and place of performance
If the contractual partner is a merchant or a legal entity or an entrepreneur in the sense of § 14 BGB (German Civil Code), the place of jurisdiction for all claims arising from this contract is Cologne. Regardless of the amount in dispute, the client may sue Kölner Blickfang, Agentur für Stadtführungen, Events und Freizeitgestaltung (Heike Kleuser) only at the District Court of Cologne.

§ 13 Baggage transport
Luggage is carried to the normal extent; a claim to this exists only to the extent possible. Luggage and other items taken along are to be supervised by the passenger. We are not liable for theft or damage and therefore strongly recommend that passengers take out luggage insurance. The passenger is liable for any damage caused by the items he/she is carrying.

§ 14 Behavior during the ride
Passengers are requested to comply with the instructions of the driving personnel. Persons who disobey these instructions, drunk persons or those who harass fellow passengers or damage facilities, etc. will be excluded from the carriage. They are not entitled to a refund of the fare. Expenses incurred due to extraordinary contamination and damage of the bus shall be reimbursed. Each passenger is obliged, when taking or leaving his seat, especially near the outer doors, to get a firm footing, so that he neither suffers damage himself nor causes damage to others during the unavoidable swaying and jerks during operation. The passenger shall be responsible for any damage caused by failure to observe these precautions. Children may be taken along by the passengers only insofar as their seats are taken into account when ordering the rented bus. Supervision is the responsibility of the attendant. Standing or kneeling on the seats is not allowed. The escort and the legal representative are liable to us for any damage caused due to lack of supervision. In all other respects, the provisions of the BO -Kraft (§5 12,13 and 14) apply.

§ 15 Implementation
The bus companies strive to provide ordered rental buses on time. A guarantee for the established travel plan can not be accepted. The driver must comply with the legal regulations such as StVO , StVZO, BO-Kraft and working time regulations. Therefore, the client may not give instructions to the driver that make it impossible to comply with such regulations. The driver is entitled to refuse such instructions and insist on compliance with the order - agreements.

§ 16 Order changes/cancellationsIf a firmly placed order is to be changed with regard to date, number of persons, bus comfort, departure or return times and the bus companies can agree to the change requests, we charge a fee of € 12.00 per order item for processing. Changes and cancellations must be made in writing. The bus drivers are not authorized to accept changes or cancellations. If a firmly placed order is withdrawn/cancelled, all costs accrued up to that point for reservations of any kind, e.g. visa costs, errand fees, hotel cancellation costs, etc., will be charged at the actual amount. In addition, the following costs will be incurred: up to 30 day e before travel date 20 % of the order total up to 14 days before travel date 50 % of the order total up to 7 day before travel date 80 % of the order total on the day of travel 100 % of the order total

§ 17 FailureAn obligation to transport exists only if the conditions of carriage are complied with, if the transport is possible and is not prevented by circumstances for which we or the bus company are not at fault (e.g. failure of the bus, road closure, road conditions, etc.). Deviations, breakdowns, interruptions of the journey, etc., for which we or the bus company are not responsible, do not constitute any liability for damages on our part. If the bus confirmed by us cannot be made available for reasons of force majeure, we shall endeavor to find a replacement of equal value as far as possible. In the event of a vehicle breakdown, we will endeavor to transport the passengers as quickly as possible. Further claims of the customer do not exist.

§ 18 LiabilityDuring the transportation with the buses, the respective bus company is liable within the framework of the legal provisions, for property damage up to a maximum of € 500.00. Participation in excursions and guided tours is at your own risk. The liability for damages caused by the passengers' fault or during the loading of luggage is excluded. As far as for the realization of the journey other enterprises (room mediators, restaurants, hotels, other transport enterprises etc.) are taken up, we are only mediators and are not liable therefore. The liability of these companies and persons remains unaffected, their own transport and business conditions apply. Possible claims against us expire if they are not asserted in writing immediately after the end of the trip. No liability is accepted for items lost or forgotten on the bus.

Revision: new from 01.12.2013