1.Scope of application
(1) These General Terms and Conditions (GTC) govern the contractual relationship between us, the
Marketing Gesellschaft Mönchengladbach mbH, Voltastraße 2, 41061 Mönchengladbach,
and you as a customer in connection with the booking of group tours in Mönchengladbach. These GTC do not apply to the booking of individual tickets for our city tours in Mönchengladbach. These individual tickets are booked via the ticket portal of click around GmbH under the domain “ticket-regional.de”. In this regard, only the General Terms and Conditions of click around GmbH apply, which can be accessed at https://www.ticket-regional.de/agb.php.
(2) Should you wish to include your own general terms and conditions in the contract, which contradict our GTC, we do not agree to their validity.
(3) Individual agreements made between us and you in individual cases (including ancillary agreements, supplements and amendments) shall in all cases take precedence over these GTC. Subject to proof to the contrary, a written contract or written confirmation by us shall be authoritative for the content of such agreements.
(4) Legally relevant declarations and notifications in relation to the contract (e.g. setting of deadlines or declarations of withdrawal) must be made in writing, i.e. in written or text form (e.g. letter, e-mail, fax). Legal formal requirements and further proof, in particular in case of doubts about the legitimacy of the declarant, shall remain unaffected.
(5) References to the applicability of statutory provisions shall only have a clarifying meaning. Even without such clarification, the statutory provisions shall therefore apply unless they are directly amended or expressly excluded in these GTC.
2. Conclusion of contract
(1) The enquiry or booking of group tours should be made exclusively via our booking portal at www.deinmg.de/project/stadttouren-in-mg/. In exceptional cases, please send your enquiry to: Marketing Gesellschaft Mönchengladbach mbH; Tourist-Information, Voltastr. 2, 41061 Mönchengladbach, Fax: 02161 25 52439, E-Mail: email@example.com.
(2) A legally binding contract between us and you via our booking portal is concluded through the following steps:
(a) The presentation of the group tours on our booking portal does not constitute a legally binding offer, but an invitation to submit a booking.
(b) After you have called up the desired group tour on our booking portal, click on the button “Submit enquiry”. In the window that then opens, enter the data requested there for the desired tour (date, time, number of persons, etc.) as well as your customer data. By confirming these General Terms and Conditions and clicking on the “Send request” button, you send us the corresponding request. With your enquiry, you make a legally binding offer to us regarding the conclusion of a service contract on the basis of the service description of the respective tour, the remuneration stated in the service description and these contractual terms and conditions. You will then immediately receive an automatic confirmation of receipt from us regarding your booking request. The automatic confirmation of receipt merely documents that we have received your booking. It does not constitute an acceptance of your offer. We will process your request within 48 hours.
(c) If the desired tour is available, we accept your offer by sending you a corresponding booking confirmation by e-mail. This constitutes a legally binding contract.
(d) If the desired tour is not available, we will send you an alternative proposal by e-mail. This legally represents a rejection of your offer and at the same time the submission of a new legally binding offer, which you can accept or reject by notifying us accordingly.
3. Storage of the contract text and contract language
(1) You will receive the text of the contract in the form of our booking confirmation, in which the essential order data are listed. In addition, we store the text of the contract but do not make it accessible on the Internet.
(2) The contract language is German.
4. Terms of payment
(1) The agreed total price is payable no later than 10 days after receipt of the invoice for the booked tour.
(2) Contract conclusions within two weeks before the date of the tour oblige you to pay the total price immediately.
(3) In the event of non-payment or late payment, we are entitled to withdraw from the contract or to make use of our right to refuse performance, i.e. the group tour will not take place without corresponding payment.
(4) If the group tour includes entrance fees for certain buildings or museums, these are not included in the total price. These are to be paid separately by you on site in cash at the cash desk of the respective building or museum. The general ticket prices valid there at the time apply.
5. Right of Cancellation
(1) The statutory right of cancellation does not apply to the present contract in accordance with § 312g Para. 2 No. 9 BGB (German Civil Code), as the tours are services in connection with leisure activities, for the provision of which a specific date or period of time is provided. However, we voluntarily grant you the contractual right to withdraw from the contract without giving reasons (cancellation) under the following conditions: The cancellation must be made by you in writing to Marketing Gesellschaft Mönchengladbach mbH; Tourist-Information, Voltastr. 2, 41061 Mönchengladbach, Fax: 02161 25 52439 or e-mail: firstname.lastname@example.org. should be addressed to the Tourist-Information. The cancellation is free of charge for you (i.e. if already made, you will receive a full refund of the payment made for the tour) if the aforementioned cancellation notice is received by us at least 72 hours before the start of the booked tour. If the cancellation is made later, but up to 24 hours before the start of the booked tour, you must pay 50% of the agreed tour price to us. Cancellation later than 24 hours before the start of the booked tour is not possible.
b) The agreed price is to be paid by you without deduction if the participants do not show up for the booked tour or the tour is cancelled due to the expiry of the waiting time of the tour guide (see Clause 8, Paragraph 1).
6. Number of participants/ language
(1) Unless otherwise agreed, we will provide one tour guide per group. Unless otherwise stated in the service description, the number of participants is limited to a maximum of 25 persons or one school class per tour guide. For larger groups, additional guides must be booked accordingly.
(2) Unless otherwise agreed, the group tour will be conducted in German.
7. Changes in services
Changes or deviations from the agreed content of the booking (e.g. change of route or change of date) are permissible, provided they are reasonable for you, taking into account our interests. Changes or deviations are reasonable in particular if they are not substantial and do not significantly affect the overall nature of the booked tour or if they are due to external circumstances for which we are not responsible (e.g. bad weather, road closures; closure of museums, short-term illness of the tour guide, etc.). We are obliged to inform you immediately of any changes or deviations in services. If the changes or deviations are not reasonable for you, taking into account our interests, you are entitled to withdraw from the contract. 8.
8. Customer’s duty to cooperate / instructions for participation
(1) You are obliged to arrive on time at the agreed meeting point. Should you nevertheless be late, the tour guide must be informed of this in good time by mobile phone (the number will be noted on the order confirmation). In the event of late arrival, there is no entitlement to the full provision of services. The waiting time of the tour guide is 30 minutes. If the group arrives up to 30 minutes later than agreed, the tour will be shortened according to the delay or additional costs of 40 euros will be incurred. If the tour is more than 30 minutes late without prior contact, you are no longer entitled to the tour.
(2) Unless otherwise agreed, the meeting point and start of the tour are at the bus lane of the Geroweiher car park “Treffpunkt-Stadt-Touren” sign. Exceptions:
The New Face of the Old Town – After-Work Culture & Culinary, Start: Restaurant Alge, Waldhausener Str. 86A
City tour: exploring Mönchengladbach by bike, start: Rheydt bike station, at Rheydt main station
Borussia Tour, start: BORUSSIA-PARK, car park P12 at the training pitches
Wickrath castle stories: A baroque park walk, start: castle park
Wickrath, bridge at the car park, sign Park Tours.
Rheydt – hidden beauties of history and architecture, start: in front of the Ratskeller at Rheydt town hall
Colourful and Botanical Garden: Secrets of a Park, Start: Colourful Garden, at the aviary under the ginkgo tree
TextilRoute – by bike, start tour Mönchengladbach: bike station Mönchengladbach,
Sculpture Mile 2.0 – Colourful Garden, start: at the entrance to the Kaiser-Friedrich-Halle
(3) It is your own responsibility to ensure that you wear suitable clothing and footwear for the tour.
(4) Wheelchair users, persons with prams or with a walker are allowed on a conditional basis after consultation and prior inspection.
(5) Dogs may be taken on the tour after prior consultation and examination.
(1) We are liable without limitation for intent and gross negligence as well as in accordance with the Product Liability Act. We shall be liable for slight negligence in the event of damage resulting from injury to life, body and health of persons.
(2) In all other respects, the following limited liability shall apply: In the event of slight negligence, we shall only be liable in the event of a breach of a material contractual obligation, the fulfilment of which is a prerequisite for the proper performance of the contract and on the observance of which you may regularly rely. The liability for slight negligence is limited to the amount of the damages foreseeable at the time of the conclusion of the contract, the occurrence of which must typically be expected. This limitation of liability shall also apply in favour of our vicarious agents.
10. Offsetting and right of retention
(1) You shall only have a right of set-off if your counterclaim has been legally established, is not disputed or acknowledged by us or is in a close synallagmatic relationship to our claim.
(2) You may only exercise a right of retention if your counterclaim is based on the same contractual relationship.
11. Final provisions
(1) The place of jurisdiction is Mönchengladbach if you are a merchant, a legal entity under public law or a special fund under public law.
(2) German law shall apply exclusively to the exclusion of the provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG, “UN Sales Convention”).
(3) We are not willing and not obliged to participate in dispute resolution proceedings before a consumer arbitration board.