Status: November 2022
1. Scope of Validity
1.1. These General Terms and Conditions of Sale will be applicable for all offers for tourist or any miscellaneous services (“Services”) of SightWalk OHG, Gaisbergstraße 4, 69115 Heidelberg, Germany (hereinafter referred to as the “Provider“), which are to be offered via the Provider’s SightWalk app (“App”).
1.2. The offers from the Provider, which are available via the App, are to be directed at customers (hereinafter referred to as “Customers”), who can be considered to be not only consumers (Article 13 BGB) but also companies and/or entrepreneurs (Article 14 BGB), legal entities under public law or special funds under public law.
1.3. The offers will be executed exclusively on the basis of these General Terms and Conditions. The general terms and conditions of the Customer will therefore not apply. This will also be valid when the Provider does not expressly object to the Customer’s General Terms and Conditions in an individual case.
2. Tours
2.1. The Provider offers tourist services (e.g. sightseeing, guided tours) (“Tours”) in principle in the form of fixed tours (“Fixed Tours”) or on-demand tours (“On-Demand Tours”).
2.2. Within the framework of a Fixed Tour, the Customers are provided with the option of booking one or more places on the tours that have been offered. The tour will be arranged and confirmed when the respective minimum number of participants, as specified in the offer, is reached by up to 24 hours before the start of the Tour. If the number of participants is not reached, then the Tour will be cancelled. In this case, the participants will be informed via the App and any fees which have already been paid will be refunded.
2.3. For On-Demand Tours, Customers can submit a request via the App in which the desired details and times of the tour will be described. The Provider will then assume responsibility for reviewing whether a corresponding On-Demand Tour can be offered for the requested times. If this is the case, then the Customer will be sent an offer without any obligation to accept it.
3. SightWalk App
3.1. Booking and reserving any Tours or other services as well as the communication between the Provider and the Customer will always be executed via the App which has been provided by SightWalk. This can be downloaded free of charge from popular app stores and installed on the Customers own end device
3.2. The Customer can register a user account in the App by going through the registration process. The account is protected with a password and may only be used by the Customer. In the event of loss or disclosure of the password, the Provider must always be informed immediately so that a new password can be created.
3.3. The App is not intended to represent a service of the Provider, rather it only serves to implement bookings and to communicate with the Customers. Using the App as such is free of charge. Fees will only be incurred when the Customer books Tours or other services via the App.
4. Bookings made via the App
4.1. Contracts for Tours and other services which have been offered via the App are to be concluded between the Provider and the Customer. All contracts are to be concluded in German unless the online shop provides other languages and these are selected by the Customer.
4.2. Offers from the Provider are subject to amendment and non-binding and are therefore to be understood as an invitation to the Customer to make an offer to the Provider. A binding offer will be submitted by the Customer by going through the order dialogue and concluding the order by sending the “Pay” button. The Customer can amend their order, correct incorrect entries or cancel the order process beforehand.
4.3. The Customer will receive an electronic order confirmation. This merely informs the Customer that the order has been received and does not constitute acceptance by the Provider. The Provider is not obliged to always accept orders. After a positive review of the order, the Provider will send an order confirmation to the Customer by email, which thereby constitutes a legally binding acceptance of the offer. In this email, the text of the contract (comprising the summary of the order, General Terms and Conditions and order confirmation) is sent to the Customer by email. The Customer will receive a corresponding notification by email in the event of a negative review of the order. Any amounts which have already been remitted will be refunded to the Customer in the latter case.
4.4. In the case of Fixed Tours, acceptance is subject to the minimum number of participants which were specified for the respective Fixed Tour being reached. If the minimum number of participants is not reached by up to 24 hours before the start of the Tour, then the Tour will be cancelled and the Customer will be informed accordingly via the App. Any amounts which have already been remitted will be refunded by the Provider.
4.5. On-Demand Tours can be requested via a form located in the App. In the event that the Provider is able to offer a requested Tour, then the Provider will post a corresponding non-binding offer in the App, which can then be booked by the Customer in accordance with the above paragraphs.
5. Utilising and implementation of the tours
5.1. The participants must always arrive at the specified starting point at the specified times in order to participate on the Tour. The participants will be responsible for their own travel arrangements and expenses to the starting point of the Tour unless otherwise expressly agreed. It is at the discretion of the Tour Guide to wait at the start of the Tour in case of non-appearance of one Customer, without any claim in this respect from any other Customers. If a participant does not arrive at the starting point on time so that they are not able to participate on the Tour, then there is no right to a refund.
5.2. The participants must clearly identify themselves at the start of the Tour by showing the booking confirmation to the Tour Guide. Insofar as not explicitly stated, booked Tours are transferable to third parties.
5.3. Within the framework of a Tour, the participants must always follow the instructions of the Tour Guides, adhere to the locally applicable regulations (e.g. house rules, terms of use) and behave considerately towards third parties. The Customer will indemnify SightWalk against all damages and costs (including reasonable legal costs) resulting from any breach by the Customer of their obligations pursuant to the preceding paragraph. The same will also apply in the event that the Customer otherwise causes damage or costs to SightWalk as a result of the Customer’s conduct during the Tour. This will not apply however when the Customer has not acted culpably. If the Customer has (also) booked the Services for third parties (e.g. guests or family members), then the Customer is also liable for these third parties.
5.4. SightWalk hereby retains the right to cancel Tours for important reasons. Important reasons for a cancellation are e.g.: (i) Short term illness or other impediment of the Tour Guide for which SightWalk is not responsible; (ii) Weather conditions or other influences which could prevent or disproportionately complicate the implementation of the Tour; or (iii) Closure of locations that are the subject of the planned Tour. The prices paid will be refunded to the Customer the event of cancellation of the Tour. Any additional claims for damages by the Customer can only be asserted in accordance with Clause 8.
5.5. The Customer does not retain the right to cancel Tours. The mandatory provisions of travel law (Articles 651 et. seq. BGB) hereby remain unaffected.
6. Prices and payment modalities
6.1. The prices which are shown in the App will apply. The respective price at the time of sending the order will be decisive.
6.2. The Provider is always entitled to adjust the prices for their Services at any time. This will not affect orders already sent by the Customer or Services which are already booked.
6.3. Orders placed via the App are to be settled in accordance with the payment method which has been selected during the order process.
7. Defects
The warranty for defects in the Services will be governed according to the statutory provisions. Service contract law (Article 611 et. seq. BGB) shall apply. The regulations relating to package travel contracts (Articles 651a et. seq. BGB) only apply when this is mandatory by law.
8. Liability
8.1. The Provider will be liable for damages in principle in accordance with the statutory provisions. The Provider will always be liable for damages – irrespective of the legal grounds – within the scope of fault liability in the event of intent and gross negligence. In the event of a simple negligent breach of essential contractual obligations (obligations, whereby the fulfilment of which is a prerequisite for the proper execution of the contract and the observance of which the Contractual Partner regularly relies on and may rely on), then the liability of the Provider will, however, be limited to compensation for typical, foreseeable damage; in the event of a simple negligent breach of non-essential contractual obligations, then the liability of the Provider will therefore be excluded.
8.2. The limitations of liability pursuant to the preceding paragraph will therefore not apply
- In the case of damages resulting from injury to life, body or health which are based on a negligent breach of duty by the Provider or an intentional or negligent breach of duty or an obligation by a legal representative or vicarious agent of the Provider,
- insofar as the Provider has fraudulently concealed a defect,
- insofar as the Provider has assumed a guarantee for the quality of a product or goods,
- for claims of the Customer according to the product liability law.
9. Revocation
In accordance with Article 312 g (2) No. 9 of the German Civil Code (BGB), a right of revocation does not apply to contracts for the provision of Services in connection with leisure activities when the contract provides for a specific date or period of time for the provision of the Services. The right of revocation of Services and/or withdrawal does not therefore apply to Tours with a fixed date.
10. Offsetting, rights of retention
The Customer is only entitled to offset or to assert rights of retention insofar as their counterclaims are undisputed or have been legally established. The Customer’s warranty rights will not therefore be restricted by this.
11. Place of payment
Irrespective of the place of delivery and/or transfer of the goods or documents, the place of fulfilment for the Customer’s payment obligation is the registered office of the Provider. This will not apply however when the Customer is considered to be a consumer.
12. Secrecy
The Customer is hereby obliged to keep secret, for an unlimited period of time, all information which becomes accessible to them from the Provider and which is designated as confidential or which is recognisable as a business secret or trade secrets according to other circumstances and to neither record nor pass on or utilise it.
13. Data protection
The provisions and rules of the data protection declaration provided in the App will apply.
14. Place of jurisdiction
Insofar as the Customer is a merchant, a legal entity under public law or a special fund under public law, then the exclusive place of jurisdiction will be the registered office of the Provider. The Provider is still however entitled to bring an action at the Customer’s general place of jurisdiction.
15. Applicable law
The contractual relationship will be governed by the laws of the Federal Republic of Germany to the exclusion of German international private law and to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods of 11 April 1980.
16. Transferability
The Provider is entitled to transfer this contract at any time to a company affiliated with the Provider within the meaning of Articles 15 et. seq. AktG (Group Company) or to a legal successor without requiring the Customer’s consent.
17. ODR Regulation / Dispute Resolution Procedure
17.1. The European Commission provides a platform for out-of-court, online dispute resolution (ODR platform), which can be accessed at www.ec.europa.eu/consumers/odr.
17.2. The Provider is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.
