The following General Terms and Conditions govern the contractual relationship between the client (purchaser, customer, guest) and the tour guide.
1 Basis
The contracting parties for a guided tour or sightseeing tour are, on the one hand, the client, purchaser and/or customer (hereinafter referred to as the “guest”) and, on the other hand, the tour guide. All contractual relationships between these parties are governed exclusively by the following provisions.
2 Conclusion of contract
a) A contract is deemed concluded once the service requested by the guest has been confirmed in writing by the tour guide or by an authorised agent. Any agreements, supplementary arrangements, or special requests are only valid if they have been agreed with the tour guide in writing or by telephone (preferably at least 24 hours in advance).
b) If the confirmation contains deficiencies regarding the agreed contractual content, the guest must submit a written objection no later than 7 days after receipt. If fewer than 7 days remain between the conclusion of the contract and the agreed date of service, the objection must be submitted immediately.
3 Services
a) The services to be provided by the tour guide are specified in the written confirmation. Any changes or additions to the agreed services require the explicit consent of the tour guide or authorised agent and must be documented in writing.
b) Adjustments to the services that become necessary after the conclusion of the contract due to circumstances beyond the control of the tour guide or agent (including but not limited to road closures, construction work, changes to opening hours) are permitted, provided that such changes do not alter the overall character of the tour.
c) Unless otherwise specified or agreed, the maximum group size for tours conducted partially or entirely on foot is 30 participants.
d) For school groups, the maximum number of participants is determined by the full class size, including all accompanying supervisors. If the class is divided into smaller groups, at least one supervisor must accompany each group. Tour guides do not assume supervisory duties under any circumstances.
e) Unless otherwise stated or arranged, all sights will be visited from the outside and the tour guide’s explanations will be given from the outside of those sights.
f) Tours take place in all weather conditions.
g) If the tour guide is unable to conduct the tour, they are entitled to appoint a suitable replacement guide.
4 Conduct of the tour
a) The agreed tour times must be observed. If the group is delayed, the guest is required to inform the tour guide of the delay no later than the scheduled start time.
b) The tour guide is required to wait up to 30 minutes after the agreed start time; beyond this period, the tour will be considered cancelled.
c) If the group arrives late, the group and the tour guide must agree whether the tour will be shortened accordingly or whether the originally agreed duration will be maintained. In such cases, the fee is calculated based on the total time, including both the waiting period and the actual duration of the tour.
d) The guest is required to promptly report any deficiencies in the tour or agreed services to the tour guide and to request appropriate remedial action. The guest is entitled to terminate the tour after it has begun only if the tour guide’s performance is significantly deficient and the deficiencies remain unremedied despite a corresponding complaint.
e) When making the booking, or at the latest well before the agreed tour date, the guest must provide a mobile phone number at which they can be reached on the day of the tour.
5 Prices
a) The prices for guided tour services are specified in the information materials or in the written offers provided by the tour guide or the agent. All services that have been ordered and confirmed in writing are subject to payment.
b) The period used to calculate the fee begins no later than the agreed start time of the tour.
c) Unless otherwise agreed, the tour fee must be paid in cash directly to the tour guide immediately before the start of the tour. Additional expenses (e.g. for special forms to be filled in as well as other services or materials) must be paid to the tour guide by invoice or in cash without any deductions. Payment by voucher is possible provided the voucher is correctly completed, signed by the tour operator, and handed over to the tour guide. If multiple tour guides are involved, a separate voucher must be issued for each guide. The tour guide will then issue an invoice to the tour operator. Any such request for an invoice must be communicated at the time of booking and forms part of the order confirmation. For domestic and international bank transfers, all associated fees and charges are to be borne by the guest.
d) If the group fails to appear without prior cancellation, the full fee becomes due.
e) If the guest requests an extension of the tour and the tour guide agrees, an extension of up to 60 minutes
will be charged at the rate of one additional hour.
f) If the agreed payment terms are not fulfilled, the tour guide is entitled to withdraw from the tour without providing a replacement.
g) Any additional costs not included in the contract (including but not limited to admission fees, AntikenCard, meals, transportation, supplementary guided tours) must be paid by the guest in cash on site.
h) Generally, tour guides qualify as small businesses under § 19 UStG (German VAT Act) and therefore do not charge VAT.
6 Non-Utilisation of Services
a) If the guest fails to make use of the agreed services, in whole or in part, without giving notice of termination or cancellation – and provided this is not attributable to the tour guide or the agent – in circumstances in which the tour guide is willing and able to provide the services, the guest is obligated to pay the full agreed fee. There is no entitlement to a refund for services already paid.
b) The statutory provision of § 615 BGB (remuneration in the event of default of acceptance and operational risk) applies to the agreed remuneration.
7 Withdrawal, Cancellation, and Changes
a) Withdrawals or (partial) cancellations must be communicated to the tour guide or the booking agent during normal business hours, preferably in writing. Business hours are Monday to Friday, 9:00 a.m. to 4:00 p.m.
b) In the event of a short‑notice cancellation by the guest, the tour guide is entitled to charge a cancellation fee. The applicable deadlines and payment provisions are defined in sections 7.1 and 7.2. If the tour guide or agent has incurred costs for booking or cancelling third‑party services, these expenses will be charged to the guest in addition.
7.1 Group Tours (Walking or Combined Walking/Bus Tours)
a) The guest, tour guide, or agent may cancel the booking free of charge up to 48 hours before the agreed date. Cancellations must be communicated during normal business hours, typically Monday to Friday from 9:00 a.m. to 4:00 p.m.
b) For cancellations by the guest up to 24 hours before the agreed date, 50% of the agreed fee is payable.
c) For cancellations by the guest less than 24 hours before the agreed date, in the event of a no‑show, or if the tour guide waits more than 30 minutes, the full fee is payable.
7.2 Half-Day and Full-Day Tours
a) The guest, tour guide, or agent may cancel the booking free of charge up to 7 working days before the agreed date.
b) For cancellations by the guest from the 7th to the 4th working day before the start of the tour, 30% of the fee is payable.
c) For cancellations by the guest from the 3rd working day before the start of the tour, 75% of the fee is payable.
d) For cancellations by the guest less than 24 hours before the agreed date, in the event of a no-show by the group without prior cancellation, or if the tour guide has to wait for more than 30 minutes, the full fee is payable.
8 Video and audio recordings
Filming, photography, and audio recordings during the tour are only permitted with the tour guide’s approval.
9 Liability of the tour guide
a) The tour guide is not liable to the guest or their companions; all claims for damages are excluded.
b) This exclusion of liability covers all claims, regardless of their legal basis (including claims for damages arising from fault-based or strict liability). It also covers claims that may, by operation of law, be transferred to a health insurance fund or social security provider.
The above limitation does not apply in cases of mandatory statutory liability or where a guarantee has been expressly assumed.
It also does not apply to liability for culpably caused damage resulting from injury to life, limb, or health based on at least negligent breach of duty by the tour guide, or for other damage caused by at least grossly negligent breach of duty.
c) Any liability for vicarious agents is excluded, including in cases of gross negligence or intent. The tour guide does not assume any responsibility for third-party service providers and is not liable for services, actions, or omissions of third parties whose services are used in the course of the tour.
d) For the avoidance of doubt, contractual liability for damages not involving physical injury is limited to the amount of the agreed remuneration, provided the damage was not caused intentionally or through gross negligence and only in cases where the tour guide is held liable solely due to the fault of a service provider.
10 Ineffective Provisions and Place of Jurisdiction (“Severability Clause”)
If any provision of these General Terms and Conditions is found to be invalid, the remaining provisions shall
remain unaffected.
The place of performance is the location where the service is provided. The place of jurisdiction is Trier.
This English translation is provided for information purposes only.
In the event of any discrepancies, the original German version shall prevail.
