Dear customer,
With your booking, we request your trust for the offers of third parties arranged by us and our own offers. Trust presupposes knowledge of the mutual rights and obligations. Since we offer our own tourism services and also the conclusion of service contracts in addition to the mere brokerage of third-party services, you will find our General Terms and Conditions below, which are divided into Part A for the brokerage of third-party services and Part B for our own offers. You can see whether Part A or Part B is decisive in each case. Brokered services are identified by naming the organiser; the brokerage conditions (Part A) apply. In the case of own tourist services, Rosenstadt Sangerhausen GmbH is named as the organiser; the conditions for own events of Rosenstadt Sangerhausen GmbH apply.
.Part A
Terms and conditions of brokerage
.1. subject matter and contracting parties
1.1 Brokered services are identified by naming the organiser or provider. The contract for the tourist products and services selected by the customer exists between the corresponding provider, hereinafter referred to as the partner, and the customer. The City of Roses is not involved as a contractual partner in this contractual relationship. 1.2 The services of Rosenstadt Sangerhausen GmbH are limited to the procurement of the tourist products or services selected by the customer and end with the sending of the necessary confirmation documents for the successful procurement of the contract with the partner.
2 Booking and conclusion of contract
2.1 With the booking request, the customer offers the partner the binding conclusion of an accommodation contract or other contract. However, only the directories published by Rosenstadt Sangerhausen GmbH with the service descriptions of the respective partner shall form the basis.
2.2 The booking request can be made by post, by fax, by telephone, verbally or otherwise electronically (e.g. via the Internet). The customer booking on behalf of third parties shall be liable for all contractual obligations of the natural and legal persons named in the booking request.
2.3 The contract shall be concluded upon receipt of the booking confirmation by the customer. This does not require any form, so that verbal and telephone confirmations are also legally binding for the customer. If the booking request is made electronically, the receipt of this request shall be confirmed to the customer electronically without delay.
2.4 The legally binding scope and content of the contractual service results from the booking confirmation and the partner's documents on which the booking is based. The details of the brokered services are based exclusively on the information provided by the partners and therefore do not constitute any assurance of their own by Rosenstadt Sangerhausen GmbH vis-à-vis the customer. Rosenstadt Sangerhausen GmbH assumes no guarantees or assurances with regard to the correctness, completeness or up-to-dateness of the partners' information or the quality of the brokered services.
3 Liability for defects
3.1 Rosenstadt Sangerhausen GmbH is responsible for the careful processing and forwarding of the partners' offers and the forwarding of the bookings to the partners. However, its liability in this respect remains limited to intent and gross negligence, unless the life, body, freedom or health of the customer is injured.
3.2 It is the customer's responsibility to notify the partner on site immediately of any defects and faults that occur and to ask for remedial action. Notification of defects to Rosenstadt Sangerhausen GmbH is not sufficient. If the notification of defects is culpably omitted, the customer's claims for compensation may lapse in whole or in part. This applies in particular to the conclusion of contracts. In addition, the customer is obliged to cooperate in the mitigation of damage in the event of performance defects occurring within the framework of the statutory provisions, in particular to avoid foreseeable damage or to keep it to a minimum. For further details, reference is made to the contractual terms and conditions of the respective partners and in particular their General Terms and Conditions, which will be made available to the customer upon request.
3.3 In the interest of its quality management, Rosenstadt Sangerhausen GmbH requests information about service disruptions that occur or have occurred in connection with the service arranged by it.
4. Cancellation conditions for the arrangement of overnight accommodation
The service provider can make a lump-sum compensation claim, taking into account the following breakdown, according to the proximity of the cancellation date to the arrival date in a percentage ratio to the pure overnight accommodation price in the case of holiday flats and houses or to the overnight accommodation price with breakfast in the case of rooms in accordance with the booking confirmation. Cancellation is only valid after written reconfirmation. In the case of holiday flats, holiday homes, all-inclusive packages, hotels, guesthouses and private landlords, all arranged overnight accommodation services are treated equally. Cancellations made up to 11 days prior to arrival are not subject to a cancellation fee, from 10 to 3 days prior to arrival a cancellation fee of 50 % and from 2 days prior to arrival 80 % is payable. The service provider reserves the right to claim lower cancellation fees from its own GTC.
5 Data protection / Applicable law
5.1 The customer agrees to the storage, processing and transmission of personal data for all processes related to the booking. Rosenstadt Sangerhausen GmbH assures compliance with the provisions of data protection law. 5.2 German law shall apply exclusively to all contractual relationships between Rosenstadt Sangerhausen GmbH, the customer and the partner.
Part B
Conditions for own events of Rosenstadt Sangerhausen GmbH
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1 Registration, conclusion of the contract
1.1 By registering in writing, verbally or by telephone, the customer offers Rosenstadt Sangerhausen GmbH the binding conclusion of the contract. The contract shall only be concluded by confirming the service and the price to the customer on the basis of the General Terms and Conditions. If the content of the confirmation deviates from the content of the customer's registration, this shall constitute a new offer by Rosenstadt Sangerhausen GmbH to which Rosenstadt Sangerhausen GmbH shall be bound for a period of 14 days. The contract shall be concluded on the basis of this new offer if the customer confirms its acceptance.
1.2 The registration shall also be made by the customer for all natural persons and legal entities named in the registration, for whose contractual obligations the customer shall be liable as for its own obligations. The Client assures that he is authorised and entitled to represent the natural persons and legal entities named and also accepts the General Terms and Conditions on their behalf.
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2. Payment
2.1 Upon conclusion of the contract and after handing over a security certificate in accordance with § 651k para. 3 BGB (German Civil Code), Rosenstadt Sangerhausen GmbH is entitled to charge a deposit on the agreed remuneration, which will be credited against the final price. Unless otherwise agreed in the individual case, it amounts to 10% of the tour price per person, at least EUR 25. The remaining payment is due 4 weeks before the start of the tour, provided that the security certificate has been handed over and unless otherwise agreed in individual cases. The invoice is due as agreed in the individual case. Payments can only be made in cash or by bank transfer, they are payable without deductions.
2.2 If the agreed price is not paid at the times stated and is also not paid at the start of the service, there is no entitlement to the service. Rosenstadt Sangerhausen GmbH may then claim compensation for the expenses incurred.
. <3.1 The scope of the contractual services is set out in the description of services provided by Rosenstadt Sangerhausen GmbH and in the details referring thereto in the order confirmation. Ancillary agreements that change the scope of the contractual services require the express written confirmation of Rosenstadt Sangerhausen GmbH. Terms and conditions of the order confirmation shall take precedence over these terms and conditions.
3.2 Changes to or deviations from individual services from the agreed content of the contract which become necessary after conclusion of the contract and which were not brought about by Rosenstadt Sangerhausen GmbH contrary to good faith shall only be permitted insofar as the changes or deviations are not significant and are not unreasonable for the customer.
3.3 Rosenstadt Sangerhausen GmbH shall be obliged to inform the customer immediately of changes to or deviations from services. If necessary, Rosenstadt Sangerhausen GmbH will offer a free rebooking or a free cancellation. In the event of a significant change to an essential travel service, the customer is entitled to withdraw from the travel contract without incurring any fees.
4. Price changes
4.1 An increase is only permissible if there are more than four months between the conclusion of the contract and the agreed travel/service date and the circumstances leading to the increase had not yet occurred before the conclusion of the contract and could not have been foreseen by Rosenstadt Sangerhausen GmbH at the time of the conclusion of the contract. In the event of a subsequent change in the agreed price, Rosenstadt Sangerhausen GmbH shall inform the customer without delay. Price increases from the 20th day before commencement of the journey/service are invalid. In the event of price increases of more than 5%, the customer is entitled to withdraw from the contract without incurring any charges or to demand participation in a service/trip of at least equivalent value if Rosenstadt Sangerhausen GmbH is in a position to offer such a service/trip from its range of services at no extra cost to the customer.
5 Withdrawal by the customer, change of service
5.1 You can withdraw from the contract at any time before the start of the service. The withdrawal becomes effective on the day it is received by Rosenstadt Sangerhausen GmbH. The burden of proof lies with the customer.
5.2 In any case of withdrawal by the customer, Rosenstadt Sangerhausen GmbH is entitled to a lump-sum compensation according to the following scales, taking into account usually saved expenses and the usually possible alternative use of the services or travel services:
5.2. 1 Package tours with overnight accommodation up to 45 days before the start of the service: 10 % of the total price from 44 to 30 days before the start of the service: 35 % of the total price from 29 to 22 days before the start of the service: 50 % of the total price from 21 to 15 days before the start of the service: 70 % of the total price from 14 to 7 days before the start of the service: 80 % of the total price from 6 to 2 days before the start of the service: 90 % of the total price from 1 day up to and including the day of performance: 95 % of the total price from 1 day up to and including the day of performance: 50 % of the total price 5.2.2 Package tours without overnight accommodation / other services up to 30 days before the start of the service: 5% of the total price from 29 to 21 days before the start of the service: 10% of the total price from 20 to 11 days before the start of the service: 40% of the total price from 10 to 3 days before the start of the service: 60% of the total price from 2 days up to and including the start of the service: 80% of the total price. 5.3 In any case of cancellation, the customer is entitled to prove that Rosenstadt Sangerhausen GmbH has actually incurred no costs or significantly lower costs than the asserted flat-rate fee in accordance with the above provision. In this case, the customer shall only be obliged to pay the costs actually incurred.
5.4 Rosenstadt Sangerhausen GmbH shall be permitted to charge higher damages than the aforementioned flat rates in individual cases if the specific damage exceeds the flat rates. Rosenstadt Sangerhausen GmbH regularly makes use of the option to calculate specific damages in the case of commissioned services from the event, conference and seminar sector.
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6. Rebooking / Return of Event Tickets
6.1 In the case of package tours, in the event of a change in the person of the customer (change of name), Rosenstadt Sangerhausen GmbH shall be entitled, insofar as it does not object to such a change because the new travel participant does not meet the special travel requirements, to charge a lump sum per person for expenses (change of hotel vouchers etc.) of EUR 10.00 per person.
> <7.1 Without observing a period of notice, if the customer persistently disturbs the performance of the order, irrespective of a warning by Rosenstadt Sangerhausen GmbH, or if he behaves contrary to the contract to such an extent that the immediate cancellation of the contract is justified. If Rosenstadt Sangerhausen GmbH terminates the contract, it shall be entitled to the price. However, it must offset the value of the saved expenses as well as those benefits that it gains from another use of the services not used, including the contributions credited to it by the service providers.
7.2 Up to 4 weeks before the start of the service if a minimum number of participants advertised or set by the authorities is not reached, if a minimum number of participants is referred to in the advertisement for the relevant contract. In any case, Rosenstadt Sangerhausen GmbH is obliged to inform the customer immediately after the occurrence of the preconditions for the non-performance of the service and to forward the declaration of withdrawal to the customer without delay. The customer will be refunded the price paid without delay. However, Rosenstadt Sangerhausen GmbH shall only be entitled to withdraw from the contract if it is not responsible for the circumstances leading to this withdrawal (e.g. no calculation error) and if it proves the circumstances leading to its withdrawal. If the service is cancelled for this reason, the customer shall be refunded the price paid without delay. In addition, he will be reimbursed his booking expenses as a lump sum if he does not make use of a substitute offer by Rosenstadt Sangerhausen GmbH.
8. Cancellation of the contract due to extraordinary circumstances
If the contract, as a result of force majeure unforeseeable at the time of conclusion of the contract, becomes considerably more difficult, endangered or impaired, both Rosenstadt Sangerhausen GmbH and the customer may cancel the contract. If the contract is terminated, Rosenstadt Sangerhausen GmbH may demand reasonable compensation for the obligations already performed or still to be performed for the termination of the services. Rosenstadt Sangerhausen GmbH is obliged to take the necessary measures, in particular, if the contract includes return transport, to have the customer transported back. The additional costs for the return transport shall be borne by the parties in equal parts. Otherwise, the additional costs shall be borne by the customer.
9. Warranty
9.1 Rosenstadt Sangerhausen GmbH vouches for the correctness of the description of all services and travel services stated in the catalogues/brochures and at the address www.sangerhausen-tourist.de, unless Rosenstadt Sangerhausen GmbH has declared a change in catalogue/brochure details prior to conclusion of the contract or in accordance with clause 3. Rosenstadt Sangerhausen GmbH shall not be liable for information in local and hotel brochures unless it makes express reference thereto.
9.2 If the travel services or other services are not in accordance with the contract, the customer may demand remedy, unless this requires disproportionate effort. The remedy shall consist of the elimination of the travel defect or other defect or the provision of an equivalent substitute service.
9.3 If the customer culpably fails to notify Rosenstadt Sangerhausen GmbH or a designated representative of a defect when it occurs, the customer may not subsequently base any travel contract or other warranty claims on this defect. The obligation to notify shall not apply if considerable difficulties make it unreasonable to notify Rosenstadt Sangerhausen GmbH of the defect.
9.4 If the tour or other service is considerably impaired by a defect, the customer shall only be entitled to a defect-related right of termination (in the case of travel contracts in accordance with § 651 e BGB) if the customer notifies Rosenstadt Sangerhausen GmbH (or the designated representative) of the defect in good time. Rosenstadt Sangerhausen GmbH (or the designated representative) to remedy the defect, if remedial action is impossible or refused by Rosenstadt Sangerhausen GmbH or if the immediate termination of the contract is justified by a special interest of the customer. This applies accordingly to travel contracts if the customer cannot reasonably be expected to travel as a result of a defect for an important reason recognisable to Rosenstadt Sangerhausen GmbH.
9.5 In the event of justified termination, Rosenstadt Sangerhausen GmbH may demand compensation for travel services rendered or still to be rendered for the termination of the trip. The value of the services rendered as well as the total price and the value of the contractually agreed services shall be decisive for the calculation of such compensation (cf. Section 638 para. 3 BGB). This does not apply if the travel services provided or to be provided are of no interest to the customer. Rosenstadt Sangerhausen GmbH shall take the necessary measures required as a result of the cancellation of the contract. If the return transport is included in the contract, Rosenstadt Sangerhausen GmbH shall also arrange for this and bear the additional costs.
9.6 If the defect is due to a circumstance for which Rosenstadt Sangerhausen GmbH is responsible, the customer may also claim damages.
10. Limitations of liability
The liability of Rosenstadt Sangerhausen GmbH is excluded or limited insofar as the liability of a service provider is also excluded or limited due to statutory provisions applicable to the services to be provided by such service provider. Rosenstadt Sangerhausen GmbH is not liable for disruptions to services in connection with services that are merely arranged as third-party services. In particular in the case of tour guide services, liability for non-performance or poor performance is excluded. Rosenstadt Sangerhausen GmbH is also not liable for the general terms and conditions of the mediated service providers. Should liability arise, Rosenstadt Sangerhausen GmbH shall be liable in the amount, manner and form of the liability relationship between Rosenstadt Sangerhausen GmbH and the partner offering the third-party service. Claims will only be satisfied when the third-party service partner causing the disruption has fulfilled its liability obligations. A claim for damages against Rosenstadt Sangerhausen GmbH is limited or excluded to the extent that, due to statutory provisions applicable to the services to be provided by a service provider, a claim for damages against the service provider can only be asserted under certain conditions or limitations or is excluded under certain conditions.
11. Exclusion of Claims / Statute of Limitations
11.1 Claims of the customer pursuant to §§ 651 c to f BGB (German Civil Code) arising from injury to life, limb or health, which are based on an intentional or negligent breach of duty by Rosenstadt Sangerhausen GmbH or a legal representative or vicarious agent of Rosenstadt Sangerhausen GmbH, are subject to a limitation period of two years. This shall also apply to claims for compensation for other damages based on a wilful or grossly negligent breach of duty by Rosenstadt Sangerhausen GmbH or a legal representative or vicarious agent of Rosenstadt Sangerhausen GmbH. All other claims pursuant to §§ 651 c to f BGB (German Civil Code) shall become time-barred after one year.
12. Miscellaneous
12.1 The contractual relationship between the customer and Rosenstadt Sangerhausen GmbH shall be governed exclusively by German law. This shall also apply to the entire legal relationship between the parties.
12.2 When events are held, compliance with statutory provisions and the protection of the rights of third parties shall be a basic requirement. The responsibility for applications for all permits associated with the execution of the order shall lie with the Client, unless otherwise agreed.
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As of: March 2010