General Terms and Conditions (AGB)

§ 5.1 Breisach Kultour

§ 5.1.1 General provisions

1. The maximum group size is 30 people for all city and cathedral tours as well as themed tours as described on our website Breisach-Kultour.com.
2. For guided tours for school classes and school groups, the maximum group size is 30 people. The number of pupils applies.
3. Guided tours of the Minster cannot be guaranteed by Breisach Kultour, as the Minster is a place of worship and services, concerts and similar events scheduled at short notice always take precedence over guided tours.
   In such a case, Rhein Kultour &Touristik UG (Haftungsbeschränkt) offers the customer the following solutions:
   • An alternative date will be arranged on which the tour will take place as booked.
   • Instead of a guided tour of the cathedral, a guided tour of the city will be conducted, with reimbursement of the price difference
   • The customer may terminate the contract and receive a refund of the event price.
4. Rhein Kultour &Touristik UG (Haftungsbeschränkt) reserves the right to charge a fee of € 25,- for the time-consuming preparation of programs for excursions, which will be offset against the total price if a booking is made. If no booking is made, this fee will be charged when the corresponding invoice is issued.
5. The scope of the contractual services is set out in the service description provided by Rhein Kultour &Touristik UG (Haftungsbeschränkt); additional agreements must be confirmed in writing by Rhein Kultour &Touristik UG (Haftungsbeschränkt).
6. Additional services from third-party providers can be booked; the expenses and our fee (€25 per booked service) are due before the start of the event.

§ 5.1.2a Withdrawal and termination by the customer (does not apply to public guided tours)

1. The customer may withdraw from the contract at any time before the start of the event by written declaration, including by email.
2. The withdrawal becomes effective on the day on which the letter of withdrawal is received by Rhein Kultour &Touristik UG (Haftungsbeschränkt).
3. If the customer withdraws from the contract, Rhein Kultour &Touristik UG (Haftungsbeschränkt) may demand appropriate compensation for the arrangements made and expenses incurred. This includes in particular the fees of the tour guides, the provision of services by third-party providers and the time worked. The amount of compensation is determined by the event price less the value of the expenses saved. Accordingly, the compensation claim to be paid in the event of withdrawal shall amount to
   • up to the 3rd day before the start of the event: 0%
   • from the 2nd day before the start of the event: 100%
4. If the event is not taken up or only partially taken up without notice of withdrawal or termination, no refund will be made.

§ 5.1.2b Withdrawal and termination by Rhein Kultour &Touristik UG (limited liability)

Rhein Kultour &Touristik UG (Haftungsbeschränkt) may withdraw from the contract or terminate the contract after commencement if there are reasons that justify such withdrawal or termination. This applies in particular in the following cases:

a. The customer disrupts the event to such an extent that the tour guide cannot reasonably be expected to continue the event, despite a prior warning from the tour guide. Rhein Kultour &Touristik UG (Haftungsbeschränkt) retains the right to the event price minus the amounts credited to it by the service providers.
b. The customer appears unannounced with more people than the respective maximum group size defined in these GTC. The tour guide/tour leader has the right to refuse to carry out the event. Rhein Kultour &Touristik UG (Haftungsbeschränkt) retains the right to the event price minus any third-party services saved.
c. The customer arrives at the event more than 45 minutes later than agreed.
d. The event is made considerably more difficult, jeopardized or impaired as a result of force majeure unforeseeable at the time of conclusion of the contract. Rhein Kultour &Touristik UG (Haftungsbeschränkt) reserves the right to terminate the contract for good cause in the event of a weather warning from the German Weather Service from warning level 4. In this case, the customer will be refunded the contract price paid immediately.
e. Unforeseeable failure of a service provider or an essential service for which Rhein Kultour &Touristik UG (Haftungsbeschränkt) is not responsible, but which affects the specific objective service. In this case, the customer will be refunded the contract price paid immediately.

§ 5.1.3 Terms of payment

1. The customer is obliged to pay the agreed price for the booked service.
2. The invoice is issued by Rhein Kultour &Touristik UG (Haftungsbeschränkt) at the same time as the contract is concluded. The invoice amount is due for payment upon receipt of the invoice, at the latest by the start of the event or the indicated due date
3. If the contract price is not paid at the specified times and is not paid by the start of the event, there is no longer any entitlement to the event taking place. Rhein Kultour &Touristik UG (Haftungsbeschränkt) can then demand compensation for expenses incurred.
4. Rhein Kultour &Touristik UG (Haftungsbeschränkt) does not charge VAT for the provision of tour guides, as we act on behalf of our tour guides, who fall under the small business regulation (§19 UstG). These prices are therefore net prices.
   VAT is shown for services
5. If the customer wishes to pay by VISA, MASTERCARD or PAYPAL instead of bank transfer, Rhein Kultour &Touristik UG (Haftungsbeschränkt) will send an electronic invoice on request. In this case, an additional fee of 3% of the invoice amount will be charged.
6. Cash payments are generally not accepted.

§ 5.1.4 Liability for defects and damage

1. Rhein Kultour &Touristik UG (Haftungsbeschränkt) provides services in the field of cultural entertainment. Accordingly, it is liable for the fulfillment of the agreed scope of services, but limited to typically associated damages.
2. For claims for damages, the liability of Rhein Kultour &Touristik UG (limited liability) and the tour guides is limited to intentional or grossly negligent breach of duty. This does not apply to liability for culpable injury to life, limb or health.

§ 5.1.5 Exclusion of claims

Claims for non-performance or non-contractual provision of services must be made in writing to Rhein Kultour &Touristik UG (Haftungsbeschränkt) within one month of the end of the event.

§ 5.1.6 Image and sound recordings

Filming, photography and sound recordings of tour guides are prohibited, even for private use, without the express permission of Rhein Kultour &Touristik UG (Haftungsbeschränkt) or the respective tour guide. Violations may be prosecuted under criminal law.

§ 5.2 GomSys

§ 5.2.1 General provisions

The object of a sale of Gom-Sys is the use of the online booking system as shown in the DEMO version

§ 5.2.2a Withdrawal and termination by the customer

1. The customer may withdraw from the contract at any time within 30 days of activation by Gom-Sys by means of a written declaration, including by email.
2. The withdrawal becomes effective on the day on which the letter of withdrawal is received by Rhein Kultour &Touristik UG (Haftungsbeschränkt). The right to use the software also expires on this date. After this date, the right of use is automatically extended by one year. The price for the extension is the price at the time the contract was concluded, unless a price increase was communicated six months before the end of the contract.

§ 5.2.2b Withdrawal and termination by Rhein Kultour &Touristik UG (limited liability)

Rhein Kultour &Touristik UG (Haftungsbeschränkt) may withdraw from the contract or terminate the contract after commencement if there are reasons that justify such withdrawal or termination. This applies in particular if the customer fails to pay an invoice even after two reminders. In this case, the booking system will be deactivated.

§ 5.2.3 Terms of payment

1. The customer is obliged to pay the agreed price for the booked service.
2. The invoice is issued by Rhein Kultour &Touristik UG (Haftungsbeschränkt) at the same time as the contract is concluded. The invoice amount is due upon receipt of the invoice.
3. Rhein Kultour &Touristik UG (limited liability). The published prices are net prices. VAT of 19% will be added
4. Payments are only accepted by bank transfer.

§ 5.2.4 Liability for defects and damage

1. GomSys shall only be liable for damages – irrespective of the legal grounds – if GomSys has caused these damages intentionally or through gross negligence or if GomSys has negligently breached a material contractual obligation. In the event of a breach of material contractual obligations, GomSys shall only be liable for the foreseeable damage typical of the contract at the time of conclusion of the contract. Liability for damages caused by the breach of non-essential contractual obligations due to simple negligence is excluded.
2. The above exclusions or limitations of liability do not apply to damage to life, limb or health or to claims arising from a guarantee of quality or under the Product Liability Act.
3. The user must notify GomSys immediately in writing of any damage for which GomSys is to be liable.

§ 5.2.5 Exclusion of claims

Claims for non-performance or non-contractual provision of services must be made in writing (email) to Rhein Kultour &Touristik UG (Haftungsbeschränkt) within one month of the defect occurring.

§ 5.3 rkt-web.com

§ 5.3.1 Order placement

The offers of rkt-web.com stated in brochures, price lists, catalogs, circulars and other printed materials as well as online are subject to change and non-binding.

rkt-web.com submits a contract offer at the request of the customer and is bound to this contract offer for 30 days.

rkt-web.com reserves the right to make improvements or changes to the contractually agreed services, provided this is reasonable for the customer and the customer does not suffer any significant disadvantage as a result.

§ 5.3.2 Conclusion of contract

Orders are accepted with a written order confirmation by letter, fax or electronic order confirmation by e-mail under the conditions of these GTC.

Verbal special conditions require written confirmation to be effective.

§ 5.3.2 Order process

After receiving the written order confirmation from the client, rkt-web.com will start work and create a corresponding sample design.

Web pages shall be made available to the client for inspection and approval. After inspecting the design, the client has the right to request changes or improvements or (if the design is absolutely unsatisfactory) to request a second sample.

Any additional change requests will result in the additional work incurred being invoiced on the basis of the agreed hourly or daily rate.

§ 5.3.3 Delivery time and deadlines

Delivery dates and deadlines are subject to agreement. If the client requests changes to the order after the order has been placed which affect the production time, the delivery time shall be extended accordingly.

§ 5.3.4 Acceptance

rkt-web.com shall inform the customer when the contractual service has been provided in full and can be accepted.

Upon receipt of the declaration of completion, the customer is obliged to accept the contractual service immediately and may not refuse it for creative-artistic reasons. There is freedom of design within the scope of the order.

The services rendered shall be deemed to have been accepted in accordance with the contract without express declaration and shall be invoiced if the customer does not submit a declaration of acceptance within 10 working days of submission of the declaration of completion (including in electronic form) and does not make any other comments.

§ 5.3.5 Terms of payment

The agreed remuneration is due net without deductions within 1 day of the invoice date in accordance with individual offers submitted or special written agreements made.

In the event of late payment, rkt-web.com may charge interest on arrears at a rate of 5% p.a. above the respective prime rate of the European Central Bank. The assertion of proven higher damages remains unaffected by this, as does the right of the client to prove a lower charge in individual cases.

§ 5.3.6 Obligations of the customer

The customer is obliged to provide the necessary data in good time and in a form suitable for the order. This includes in particular the content to be entered for the web pages to be created.

Insofar as rkt-web.com provides the customer with drafts and/or test versions with a reasonable deadline for checking for correctness and completeness, the drafts and/or test versions shall be deemed approved upon expiry of the deadline, unless rkt-web.com receives a written request for correction.

§ 5.3.7 Retention of title

rkt-web.com shall retain title to the goods and services provided until all claims arising from the current business relationship have been settled in full.

If the customer defaults on payment, rkt-web.com may – without prejudice to other rights – withdraw from the contract and demand the return of the service rendered.

§ 5.3.8 Copyrights and references

The rights holder of the contractual services is rkt-web.com. All designs and the work created by rkt-web.com are protected by copyright, but are aimed at granting rights of use to the work services. Upon payment of the remuneration, the client generally acquires the unrestricted rights of use.

The scope of the customer’s exploitation and usage rights can be extended by individual contract.

Suggestions made by the customer for the work do not constitute joint copyright. The customer is obliged to accept all protective notices such as copyright notices and other legal reservations unchanged.

§ 5.3.9 Procurement of storage space and domain names

For all points relating to the provision of storage space and domain names, please refer to the terms and conditions of the respective web host/provider.

For all other domain registrations, the allocation guidelines of the relevant registry are authoritative. The customer shall inform himself about these and accept them.

§ 5.3.10 Warranty and defects

rkt-web.com undertakes to carry out the order with the greatest possible care, in particular to treat any templates, documents, samples etc. provided with care.

rkt-web.com undertakes, in the event of defective performance, to rectify the defect free of charge at its own discretion. If the rectification fails (e.g. in the event of impossibility for which rkt-web.com is responsible), the client may not assert a claim for damages, except in the case of intent or gross negligence, but may only demand a reduction in the price or, in the event of impossibility for which rkt-web.com is not responsible, rescission of the contract.

rkt-web.com expressly points out that the software products deployed or used for the order may contain security risks. rkt-web.com is not liable for damage or defects caused by the software used.

§ 5.3.11 Liability

rkt-web.com shall be liable for the professional and careful provision of services and the absence of defects in the contractual services.

rkt-web.com is liable for intent and gross negligence. For slight negligence, rkt-web.com shall only be liable in the event of a breach of a material contractual obligation, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the contractual partner may regularly rely, as well as for damages resulting from injury to life, limb or health of persons in accordance with the Product Liability Act.

The client guarantees that the content and information provided by him does not unlawfully infringe the rights of third parties. The client hereby indemnifies rkt-web.com against any claims in this connection and shall reimburse rkt-web.com for the reasonable costs of legal defense.

§ 5.3.12 Data protection and confidentiality

Insofar as data is transmitted to rkt-web.com – in whatever form – the customer shall make backup copies.

We would like to point out that personal data is stored as part of the execution of the contract. We process personal data in accordance with the provisions of the applicable GDPR.

rkt-web.com undertakes not to utilize or disclose to third parties any business and trade secrets or confidential information of the client and its clients that become known during its work for the client without the client’s prior consent. The same applies to the documents and knowledge provided to him.

In addition, the contracting parties agree to maintain confidentiality with regard to the content of the contract and knowledge acquired during the execution of the contract.

The confidentiality obligation shall also apply beyond the termination of the contractual relationship.

§ 5.3.13 Third-party rights

The customer assures that the content provided by him does not violate legal prohibitions and morality, and that no third-party rights are infringed.

In the event of a breach of these obligations, rkt-web.com shall be entitled to terminate the contract without notice. The customer shall be liable for direct and indirect damages, including financial loss, resulting from the breach of the aforementioned obligations.

§ 5.3.14 Self-promotion

The client agrees that rkt-web.com services and deliveries, even if they are based on customer templates, may be used publicly as a reference, included in a reference list for advertising purposes and linked accordingly.