The following terms and conditions regulate the legal relationship for all city tours and excursions between the customers and "Freiburgerleben" and supplement the travel regulations of § 651a I BGB. They are accepted by the customer with the booking.

1. CONTRACT

Verbal orders shall only become effective after written confirmation by "Freiburgerleben". The contract is concluded by the written booking confirmation of "Freiburgerleben". Requests specifically expressed by the customer must be expressly confirmed in writing by "Freiburgerleben". Otherwise they are not part of this contract.

2. PERFORMANCE

The scope and nature of the contractual services are based exclusively on the information in the confirmation and the service description of the "Freiburgerleben" programme valid at the time of the tour/tour. We reserve the right to make changes to this information by means of corresponding notifications prior to the conclusion of the contract. The applicable prices are listed in our current price lists. The prices do not include museum entrance fees. The maximum group size is 25 people. If there are 26 people, a second tour guide must be hired. We reserve the right to make short-term changes to individual services during a guided tour/tour due to unforeseeable local circumstances (e.g. church service, weather etc.) or due to delays for which "Freiburgerleben" is not responsible or the wishes of the participants. The tours organised by "Freiburgerleben" take place in all weathers. Nevertheless, "Freiburgerleben" will endeavour to arrange an alternative programme at the customer's request. The costs of the alternative programme (e.g. visit to a museum) shall be borne by the customer. The tour guide will wait 30 minutes at the agreed meeting point. If the guests are late, there is no entitlement to an extension of the tour or a reduction in the price. If the tour guide has not arrived at the meeting point 15 minutes after the agreed start of the tour at the latest, we will endeavour to find you another tour guide.

3. PAYMENT

With the confirmation of the conclusion of the contract, "Freiburgerleben" will send you an invoice at the same time. The stated amount must be paid before taking the guided tour.

4. CANCELLATION AND REBOOKING BY THE CUSTOMER

The customer can cancel free of charge up to a maximum of 7 days before the tour. In case of cancellation on the 2nd-6th day before the tour, 50% of the tour costs will be due. From one day before the tour the full amount. In the case of rebooking, a minimum of 10€ will be charged. 

For culinary tours, the number of participants can be reduced by a maximum of 10% up to 3 days before the tour. The minimum number of participants must not be less than 10 guests.

5. Resignation and resignation by "Freiburgerleben

"Freiburgerleben" may withdraw from the contract before the start of the tour or terminate the contract after the start of the tour in the following cases:

a) without observing a period of notice, if the customer persistently disturbs the performance of the guided tour/drive despite a warning from "Freiburgerleben" or if he/she behaves to a considerable extent in breach of contract, the immediate cancellation of the contract is justified.

b) without observing a deadline in the event of extraordinary circumstances such as unforeseeable cancellations by a tour guide. The customer will immediately be refunded the amount already transferred.

c) Both "Freiburgerleben" and the customer may terminate the contract if, as a result of force majeure which was not foreseeable at the time of conclusion of the contract, the tour/trip is considerably impeded, endangered or impaired.

6. LIABILITY

6.1 "Freiburgerleben" shall be liable within the scope of the duty of care of a prudent businessman for:

a. the conscientious preparation of the journey;

b. the careful selection and monitoring of service providers;

c. the proper provision of the contractually agreed travel services.

Participation in the guided tours/rides is at your own risk and responsibility (e.g. Bächle). Each participant is responsible for observing the road traffic regulations. Participation by minors is possible in the company of a parent or guardian or a supervising teacher. Participants undertake to follow the instructions of the tour guide on the tours and not to act on their own authority. "Freiburgerleben" is not liable for defects of third parties. "Freiburgerleben" is only liable for such damages which are based on an intentional or grossly negligent breach of contract by the tour guide himself or by vicarious agents. The limitation of liability does not apply to damages resulting from injury to life, body or health due to a negligent breach of duty by the user or an intentional or negligent breach of duty by a legal representative or vicarious agent of the user. In other cases, the liability of the tour guide relates exclusively to the fulfilment of the agreed scope of services and is limited to the maximum amount of the guide's fee. The customer is obligated to cooperate in the event of service disruptions, to avoid possible damages or to keep them as low as possible, insofar as this is reasonable for the customer. In particular, the tour participant is obliged to bring his complaints to the attention of the responsible tour guide on site without delay. If the customer culpably fails to report a defect to the local tour guide and if he/she could reasonably be expected to do so, he/she shall not be entitled to any claims in this respect.

7. LIMITATION, PROHIBITION OF ASSIGNMENT

Claims of the customer are subject to a limitation period of six months. The limitation period begins on the day on which the tour/trip should end according to the contract. If the customer has asserted such claims, the limitation period shall be suspended until the day on which "Freiburgerleben" rejects the claims in writing.

8. GENERAL

With the publication of new brochures, all our previous publications on tours, prices and dates of the same name lose their validity. No liability is accepted for printing and calculation errors. The invalidity of any part of these terms and conditions shall not affect the validity of the remaining provisions.

9. JURISDICTION

For merchants, for persons who do not have a general place of jurisdiction in Germany, as well as for persons who have moved their domicile or place of residence abroad after conclusion of the contract or whose domicile or habitual residence is unknown at the time the action is filed, Freiburg im Breisgau is agreed as the place of jurisdiction, insofar as legally permissible. German law is recognised by all contractual partners. These GTC apply from 1 January 2018