Terms and conditions

Section 1: Scope of Application

(1) The following general terms and conditions regulate the contractual relationship between us, Kulturvergnügen (owner: Ute S. Iserloh), Eisenmarkt 1, 44137 Dortmund and the customers (consumers and entrepreneurs) who book events (e.g. guided tours) or buy vouchers. Terms and conditions that conflict with or deviate from our terms and conditions are not recognised by us.

Section 2: Special provisions when booking an event

(1) Subject of performance
The customer books the event specified in our offer in accordance with the therein specified conditions.

(2) Conditions of participation
The customer is aware that participation in the booked event is only possible if the requirements for participation in the event are met by the participant.

(3) Changing the schedule of an event
The course of an event may be changed, for reasons beyond our control and taking into account the interests of the customer, such as construction work; demonstrations; adverse weather conditions or other similar circumstances. Such a change in the course of an event leaves our claim to remuneration unaffected.

(4) Cancellation of an event by us
A booked event may also be cancelled by us due to justifiable causes over which we have no control, e.g. if the minimum number of participants is not reached; adverse weather conditions; the cancellation by or illness of a tour guide or other similar circumstances. In this case we will inform our customers as early as possible about the cancellation using the contact details provided when booking and, taking into account the interests of the customer, suggest an alternative date.

(5) Entrance fees, catering costs, costs for public or private transport and other services for events and sites visited are only included in the agreed price if they are expressly listed in the service description or have been additionally agreed upon.

(6) Payment
Unless otherwise agreed, remuneration is due two weeks before event begin, payable to our account at Sparkasse Dortmund (IBAN: DE41 4405 0199 0151 0182 03 | BIC: DORTDE33)

Section 3: Special provisions when purchasing vouchers

(1) Vouchers
Vouchers purchased can be redeemed when booking an event to the amount of said voucher towards the price to be paid for the corresponding event. The voucher thus reduces the amount payable to the amount of voucher value. Vouchers cannot be redeemed for cash. The vouchers are freely transferable and can be used by any third party to book one of our events. To do this, the customer must enter the code printed on the voucher in the “Remarks” (“Bemerkung”) field during the ordering process or present the voucher when booking the event at our shop.

(2) Vouchers for participation in an event (participation vouchers)
The participation vouchers purchased entitle the person redeeming the voucher, providing the requirements of the service description are met (e.g. minimum age), to participate in the event. The voucher is to be handed over at the beginning of the event to us or our vicarious agents.

(3) Payment
Payment is made in our shop either in cash or by EC card.

(4) Statute of Limitations
The regular limitation period of 3 years applies to redeeming the vouchers after issue (in accordance with Paragraph (§) 195 BGB), calculated from 31 December of the year of issue (in accordance with Paragraph (§) 199 BGB).

Section 4: Non-use of services

If the customer does not use, either in whole or in part, the agreed services for reasons for which we are not responsible, although we are ready and able to provide those services, there is no entitlement to reimbursement of payments already made.

Section 5: Obligations of the customer

(1) The customer must ensure that he or the participant meets all the requirements for participation in the event (e.g. minimum age; required footwear; health requirements).

(2) When booking an event, it is the responsibility of the customer to provide a means by which he can be contacted quickly (e.g. mobile phone number), so that a cancellation or change in the event can be communicated in good time.

(3) The customer must ensure that he arrives at the venue at the agreed time. If the customer is going to be late, he is obliged to inform us of this delay by the agreed start time at the latest and to give a probable time of arrival. We may in this case, taking into account the interests of other participants, agree to a late start of the event; we are, however, not obliged to do so. Our claim to complete remuneration remains the same if a delayed start of the event is rejected.

(4) The customer is to follow the instructions of the respective tour guide.

Section 6: Liability

(1) unless limitation of liability has otherwise been expressly agreed upon with the customer regarding the event, the following regulations apply to our liability:

(2) Our liability for damages, regardless of the legal reason (in particular default, deficit or other breach of duty), is limited to the foreseeable damages typical of this type of contract.

(3) The above limitations of liability do not apply to our liability for wilful misconduct or gross negligence; for essential contractual obligations and guaranteed quality characteristics; injury to life, limb or health; or claims under the Product Liability Act. The essential contractual obligations include, in particular, the obligation to hand over the purchase to the customer and to transfer ownership of it. Furthermore, we are obliged to hand over the purchase free from any material and legal deficiencies.

Section 7: Final provisions

(1) The law of the Federal Republic of Germany applies exclusively, excluding the UN Sales Convention.

(2) Should you make a booking with us, as a merchant, a legal entity under public law or special fund under public law, our place of business is considered exclusive place of jurisdiction for all claims arising from or resulting from this contract. The same applies to people who have no general place of jurisdiction in Germany or persons who, following conclusion of the contact, have relocated their domicile or usual place of residence to outside of Germany or those whose domicile or usual place of residence is unknown at the time the lawsuit is filed.