City of Fulda | Office of Tourism and Marketing Management Terms and Conditions (T&C)

1. Scope of Application and Contractual Relationship

These “General Terms and Conditions for Accommodation and Booking Services” (“AGV”) apply to contracts for the arrangement (“Arrangement Contracts”) of accommodations, inns, hotels, guesthouses, guest rooms, privately rented rooms, and vacation apartments provided by landlords, hotel owners, and property owners (“Hosts”) by the City of Fulda, Office for Tourism and Marketing Management Fulda (hereinafter: TMM). This therefore applies to all accommodations for which TMM, acting as a room brokerage service, provides booking options to the Guest. In this context, TMM acts solely and exclusively as an intermediary between the host and the guest. A contract regarding the host’s reception and accommodation of the guest (“Accommodation Contract”), as well as any other services provided by the host, is concluded solely between the host and the guest. These General Terms and Conditions govern the contractual relationship between the guest and TMM as the intermediary for the Accommodation Agreement. 

2. Services

a) TMM acts exclusively as an intermediary vis-à-vis the guest. The terms and conditions of the respective host apply to the contractual relationship between the host and the guest. The subject matter of the intermediary agreement is the proper arrangement of the accommodation selected by the guest. The guest’s claims arising from the accommodation contract are directed exclusively against the host. The same applies to contractual and statutory claims related to the accommodation, in particular claims for defects, compensation, and damages. The scope and nature of the services owed by the host are determined by the host’s description of the services and the rental property, in conjunction with the individual booking confirmation that the guest receives from the host.

b) TMM’s performance under the brokerage agreement is deemed to have been rendered upon the conclusion of the lodging agreement between the host and the guest. This applies regardless of the continued existence and fate of the lodging agreement. Unless otherwise specified, the accommodation agreement is deemed concluded upon the guest’s receipt of the host’s binding booking confirmation or—if no booking confirmation is issued—at the latest upon provision of the accommodation.

3. Rights and Obligations Under the Accommodation Contract

a) The rights and obligations arising from the accommodation contract are governed primarily by its provisions as well as by statutory provisions.

b) TMM notes—without any binding effect in this context – that, pursuant to the foregoing provisions, the host may be entitled to payment of reasonable cancellation compensation from the guest in the event of the guest’s withdrawal from the contract, as well as due to other terminations or breaches of the contract. In such cases, the amount of compensation may be determined based on the total price, less the expenses typically saved, as well as the income that can typically be earned through alternative occupancy of the rental property. The host may, at their discretion, calculate this claim on a specific or lump-sum basis. Reference is made to the host’s Terms and Conditions as well as to the other contractual and statutory provisions applicable to the lodging contract. The guest is always entitled to prove to the host that the host suffered no damages at all or only damages in an amount significantly lower than the amount claimed. TMM provides the customer with no guarantees, warranties, or representations regarding the accuracy, completeness, or timeliness of the information provided by the hosts.

c) Subject to any contrary provisions in the lodging agreement, the lodging agreement is concluded solely for the duration specified in the booking confirmation. It ends upon the expiration of this duration without requiring notice of termination.

d) The right to terminate the contract for cause remains unaffected. In addition, the applicable statutory provisions apply.

4. Liability

a) TMM assumes no liability for the proper performance of the arranged guest accommodation and lodging contracts and makes no representations regarding the suitability or quality of the accommodations and other services presented by the hosts. The host, as the guest’s contractual partner, is liable for this. Likewise, TMM does not guarantee the availability of accommodations and other services offered or promised by the host. 

b) TMM is liable only for errors in the arrangement of services. The details regarding arranged services and accommodations are based exclusively on the information provided by the individual hosts to TMM and therefore do not constitute any statement or assurance by TMM to the guest. 

c) If the guest is a merchant, a legal entity under public law, or a special fund under public law, the place of jurisdiction shall be the host’s registered office. In all other respects, the place of jurisdiction shall be determined in accordance with statutory provisions. 

5. Arrival and Departure

a) Subject to any differing provisions in the lodging agreement, the guest must arrive by the agreed-upon time specified in the booking confirmation or the host’s terms and conditions, but no later than 6:00 p.m. on the day of arrival. The guest must notify the host of any delay in any case. The accommodation is reserved from 3:00 p.m. on the day of arrival. 

b) On the day of departure, the guest must hand over the rental property in the condition agreed upon in the contract, unless otherwise specified in the lodging agreement. If the guest fails to vacate the accommodation by the specified time, the host may demand appropriate compensation or reimbursement for the continued occupancy in accordance with the host’s General Terms and Conditions.

c) Invoicing, payment, cancellations, or rebookings are handled by the host. 

d) In the event of the guest’s early departure—subject to any deviating provisions in the lodging agreement or statutory regulations—no refund of the payment will be made. Individual agreements between the guest and the host are possible and, with regard to the lodging arrangement, take precedence over the provisions of these General Terms and Conditions.

1. Scope of Application

The following Terms and Conditions of Business and Travel apply to package deals (arrangements, ticket & hotel, etc.) in accordance with Section 651a(1) of the German Civil Code (BGB). To the extent validly agreed upon in accordance with statutory provisions, they shall form part of the contract between you—hereinafter referred to as the “Guest”—and the City of Fulda, the Fulda Office for Tourism and Marketing Management—hereinafter referred to as “TMM”—as the tour operator, in the event of a booking, in accordance with the statutory provisions of Sections 651a through 651m of the German Civil Code (BGB). 

2. Conclusion of the Travel Contract

a) By submitting a booking request or registration—which may be made in writing, orally, by telephone, via email, or online—the Guest makes a binding offer to TMM to conclude a travel contract based on the travel itinerary. 

b) The contract is concluded exclusively upon the guest’s receipt of the travel confirmation (in writing or in text form), including the security certificate, from TMM. If the guest’s booking declaration is submitted less than 7 business days before the start of the trip, notwithstanding the first sentence, a telephone or verbal booking confirmation is sufficient for the binding conclusion of the contract. 

c) The guest making the booking is liable for all obligations arising from the travel contract for guests registered by him or her. 

3. Payment

a) Upon conclusion of the contract and delivery of the travel confirmation, including the security certificate, a deposit of 10% of the travel price becomes due. The remaining travel price must be transferred no later than 28 days before the start of the trip. 

Bank details

Sparkasse Fulda
IBAN: DE15 5305 0180 0040 0103 04
BIC: HELADEF1FDS 

b) If payment by MasterCard, Visa, or American Express is offered, the credit card must be presented at the Tourist Information office at the time of booking, and the credit card receipt must be signed.

c) If the booking is made less than 28 days before the start of the trip, the full trip price is due immediately upon conclusion of the contract and receipt of the confirmation voucher (without being split into a down payment and final payment). The travel documents will be sent immediately upon receipt of payment. 

d) Without full payment of the travel price, there is no legal entitlement to the travel services, additional services, or other services.

4. Services

a) TMM’s obligation to provide services arises exclusively from the content of the travel confirmation.

b) If the guest does not make use of individual travel services due to early return or other compelling reasons, TMM will endeavor to obtain a refund from the service providers for the expenses saved. This obligation does not apply if the services in question are insignificant or if statutory provisions preclude a refund.

5. Changes to Services and Prices

a) TMM is authorized to make minor changes and deviations from the agreed-upon terms of the travel contract—in particular regarding travel services—that become necessary after the contract is concluded and that were not brought about by TMM in bad faith, provided that the changes or deviations are not significant, do not result in a material change to the travel service, do not impair the overall nature of the booked trip, and do not significantly prejudice the guest’s interests; the guest remains free to verify the legality of the change. The change to the service in this sense does not in itself constitute a defect in the service. Any warranty claims regarding the performance of the modified service remain unaffected to the extent that the modified services are defective.
TMM is obligated to notify the guest immediately of any changes to or deviations from the services.

6. Cancellation by the Guest, Rebooking

a) The guest may cancel the trip at any time prior to the start of the trip. The date on which TMM receives the notice of cancellation is decisive. The guest is advised to submit the cancellation in writing. If the guest withdraws from the travel contract or fails to commence the trip, TMM forfeits its claim to the travel price. Instead, TMM may demand reasonable compensation. The amount of compensation is calculated based on the travel price, taking into account the period between the notice of cancellation and the start of the trip, the savings in expenses that the tour operator can typically expect, and the expected revenue from the possible alternative use of the travel services.

b) The compensation is calculated as a percentage of the total tour price based on the date of receipt of your notice of cancellation, as follows:

• Up to 60 days before the start of the trip: 20%
• From the 59th day up to 30 days before the start of the trip: 25%
• From the 29th day up to 16 days before the start of the trip: 50%
• From the 15th day up to 3 days before the start of the trip: 80%
• From the 2nd day before the start of the trip: 90%

c) Tickets purchased in addition to a stay and listed separately in the travel confirmation are non-refundable and cannot be exchanged. In this case, the associated cancellation fees, as specified above, are calculated based on the remaining price.

7. Limitation of Liability

TMM’s contractual liability for damages is limited to three times the trip price. The foregoing limitation of liability does not apply to damages resulting from death, bodily injury, or harm to health, nor to damages caused by TMM through willful misconduct or gross negligence.

8. Obligations of the Customer

With regard to the guest’s statutory rights and obligations, TMM refers to the provisions of the German Civil Code (BGB) on package travel contracts, § 651a et seq. BGB. The most important provisions thereof are:

a) The guest must immediately report any travel defects that may arise to TMM. Claims are not forfeited due to a failure to report such defects only if the failure to report was beyond the guest’s control.

b) In the event of a significant disruption to the trip, the guest may cancel the trip in accordance with statutory provisions. In addition to notifying TMM of the defect, this generally requires setting a deadline for TMM to remedy the defect.

9. Invalidity of Individual Provisions

Should any provision of the contract or these Terms and Conditions of Travel be void, the validity of the remaining provisions shall remain unaffected. Should the contract be invalid in certain parts or contain gaps, the missing or invalid provisions shall be replaced by a valid provision that corresponds to the remainder of the contract and most closely approximates the purpose of the missing or invalid provisions.

10. Jurisdiction

The place of jurisdiction for registered merchants, legal entities under public or private law, and for persons who do not have a general place of jurisdiction within Germany, as well as for persons who have transferred their domicile or habitual residence abroad after the conclusion of the contract or whose domicile or habitual residence is unknown at the time the action is filed, is the organizer’s registered office in Fulda.

The City of Fulda, Office for Tourism and Marketing Management Fulda—hereinafter referred to as “TMM”—organizes city tours, guided tours, excursions, and sightseeing tours in the region for guests and groups—hereinafter referred to as “customers.” 

1. Scope

These “General Terms and Conditions” apply to the business relationships between TMM and its customers. TMM’s general booking terms and conditions also apply even if TMM confirms a customer’s booking while being aware of the customer’s terms and conditions. TMM shall only recognize any conflicting, deviating, or supplementary terms and conditions of the customer by expressly agreeing to their validity in writing.

2. Scope of the Booking Terms and Conditions for City Tours

a) TMM organizes city tours. To this end, TMM arranges for independent tour guides to lead city tours and sightseeing tours and, upon request, also provides buses for sightseeing tours.

b) The tour guides arranged by TMM may be booked for specific city tours predetermined by TMM or for day programs individually designed by the customer.

c) When providing buses, TMM cooperates with independent bus companies. Transportation as part of sightseeing tours in the region is not provided by the TMM itself, but is carried out independently by the respective contracted bus company. All operator obligations under the Passenger Transportation Act (PBefG) apply solely to the transport operator providing the service.

3. Conclusion of the Booking Agreement

a) Specific bookings for city tours with the TMM must be made in writing, including via email. The booking is to be understood as a binding declaration of intent by the customer.

b) A contract with TMM is not concluded until TMM has confirmed the customer’s booking in writing (“Order Confirmation”).

c) All changes to a binding booking must also be made exclusively in writing.

d) Certain city tours are subject to a maximum number of participants per tour guide. TMM will inform the customer of such restrictions as part of the specific offer. If the desired group size exceeds the specified maximum number of participants, TMM will offer the customer the option to book an additional tour guide; in this case, the group will be split.

e) The services listed on the confirmation apply. Please note that, despite the confirmation, a tour of the churches is always subject to change. Due to last-minute church services and events, the tour may be canceled. As soon as we become aware of any changes, we will inform you of the resulting program changes.

4. Admission Fees; Costs of the Arranged Tour Guide

a) If admission fees for certain institutions and/or costs for special services (e.g., tastings) are incurred as part of a guided tour or sightseeing tour, these must be paid separately by the customer.

b) The admission fees listed by TMM in the offer are special rates. They apply only if the customer books the corresponding admission through TMM. If the customer has not booked the admission fees through TMM, they must be paid directly to the respective institution on site. In such cases, the standard admission prices generally applicable at the institutions will apply.

c) Travel and meal expenses for the tour guide may apply, particularly for custom-designed city tours or customized day programs. These costs are not included in the tour guide rates and will be calculated separately and billed to the customer. This also applies to travel expenses: The meeting point and/or end point is located outside of Fulda only in exceptional cases and upon express approval by TMM.

5. Payment Terms

a) Payment for the tour is due 7 days after the contract is concluded and the booking confirmation and invoice are sent.

b) The number of people registered and confirmed serves as the basis for calculation.

6. Tour Guides Arranged by TMM

a) TMM selects the tour guide to be assigned based on the qualifications required for the city tour. The customer has no right to request a specific tour guide.

b) Even if a specific tour guide is named, TMM reserves the right to replace that guide with another suitable and qualified tour guide in the event of a compelling reason preventing the guide from performing the tour (particularly due to illness).

c) Contact with the tour guide takes place only on site. The personal data of the assigned tour guide is subject to data protection laws and will not be disclosed to third parties by TMM.

d) Tour guides arranged by TMM do not assume any duty of supervision during the city tours. Groups of minors (e.g., school groups) must be accompanied by a sufficient number of supervising adults. If, in the tour guide’s professional judgment, the number of supervisors is insufficient, the tour guide has the option to refuse to begin the city tour or to terminate an ongoing city tour. The group will then be considered a no-show.

e) Tour guides arranged by TMM do not advance any cash for groups to cover admission, catering, or other costs. The tour guides also do not collect admission fees in cash on site.

7. Services

a) All information and descriptions of the city tours in brochures, on the Internet, etc., are provided solely as examples of generally available services. This does not guarantee any specific content for the city tours. TMM is only obligated to provide the scope of services expressly stated in the order confirmation.

b) The services listed on the confirmation apply. Please note that, despite the confirmation, a tour of the churches is always subject to change. Church services or events scheduled at short notice may preclude the possibility of a tour. As soon as we become aware of any changes, we will inform you of the resulting program changes.

8. Changes to Services and Prices

a) Changes or deviations from the agreed-upon content of the booking are permitted, provided that the changes or deviations are reasonable for the customer, taking into account the interests of TMM. Changes or deviations are considered reasonable, in particular, if they are not significant and do not materially impair the overall nature of the booked tour, or if they result from external circumstances beyond TMM’s control, such as road closures, the closure of churches, sudden illness of the tour guide, etc. TMM is obligated to notify the customer immediately of any changes or deviations in services. If applicable, TMM will offer the customer a free rebooking. If the changes or deviations are not reasonable for the customer, taking into account TMM’s interests, the customer has the right to withdraw from the contract.

b) If the group arrives late, there is no entitlement to an extension of the city tour or a reduction in the price. Extending the city tour is at the discretion of the tour guide. In the event of an extension, the service time to be paid for consists of the tour guide’s waiting time and the actual duration
of the tour. The tour guide’s waiting time is limited to a maximum of 30 minutes. If the group is more than 30 minutes late, it is generally considered a no-show (with the financial consequences specified in Section 9.a).

c) A tour guide’s service time begins and ends in Fulda. If the tour begins or ends outside of Fulda, the tour guide’s service time is extended accordingly, and any travel expenses incurred as well as the additional service time will be billed.

9. Changes, Cancellations, and No-Shows

a) Cancellations and changes are possible free of charge up to 14 days before the tour. After that, the customer will be charged a cancellation fee of 100% of the cost. The date of cancellation is determined by the date TMM receives the cancellation notice.

b) Changes to the meeting place or time are possible up to 7 days before the tour for a processing fee of 10.00 euros. Changes must be made in writing (including via email) or verbally by phone. 

c) The agreed-upon price is payable in full, even if a customer does not show up for a booked tour.

d) The customer is entitled in all cases to provide evidence that TMM incurred no damage or significantly less damage as a result of the cancellation or failure to appear. TMM reserves the right to demand higher compensation, calculated on a case-by-case basis, in deviation from the flat fee mentioned
above.

10. Video/Audio Recordings

a) Video and audio recordings are permitted only with the express consent of the tour guide and the group participants.

b) All data protection regulations must be observed.

11. Limitation of Liability

a) TMM is liable, within the scope of statutory provisions, for the proper conduct of the tour.

b) The TMM is not liable for disruptions in services related to third-party services that are merely arranged (e.g., catering services, capacity in churches, concert tickets, exhibitions, etc.).

12. Governing Law and Jurisdiction

The place of jurisdiction is the TMM’s registered office in Fulda.

1. Scope

These General Terms and Conditions govern the relationships regarding the sale of admission tickets and tickets for tourist services, which can be purchased on-site at the Tourist Information Office and advance sales locations, by phone, and through the online store at www.tourismus-fulda.de. 
By purchasing admission tickets and other tickets, a contractual relationship regarding participation is established exclusively between the customer/ticket holder and the event organizer. The event organizer is explicitly named as the “Provider/Contractual Partner” during the booking process and on the admission ticket or other ticket. 

2. Formation of the Contract/Offer

Every booking is binding. Bookings can be made electronically via the Internet (www.tourismus-fulda.de) or in person on-site. You will be notified of acceptance—which does not require any specific form—immediately after the contract is concluded by mail or in-person delivery of a booking confirmation and/or the ticket. 
All offers from the online store on the website www.tourismus-fulda.de and from the event calendar are non-binding and subject to change. Minor deviations and technical changes from our illustrations or descriptions are possible. The contract is concluded upon the purchase of a ticket, and by doing so, you confirm that you have read these Terms and Conditions and accept them as binding. For online purchases, confirmation is provided by completing the order process and clicking to accept the Terms and Conditions. 

3. Payment, Delivery, and Validity

Delivery is made immediately in writing during the ordering process or in person at the Tourist Information Office and local sales outlets.
The prices displayed on the online store’s website at the time of ordering apply. All prices listed are final prices in euros and include the statutory value-added tax. Subject to obvious pricing errors.
Payment may be made in cash, by credit card, via PayPal, or by direct debit. Payment of the amount shown on the booking confirmation or ticket is made directly to the Tourist Information Office or sales outlet when purchasing on-site.
For bookings made via the website (www.tourismus-fulda.de), payment is made to the service provider listed for the service. Each ticket entitles only the explicitly stated number of people to admission or use of the booked service. The ticket loses its validity upon leaving the event or event venue. Multiple use of the ticket is expressly prohibited.

4. Retention of Title

Admission tickets and other tickets remain the property of the organizer until the purchase price has been paid in full, regardless of the expiration of the cancellation period. 

5. Right of Withdrawal and Return

When purchasing admission tickets and tickets for tourist services with fixed dates, there is no right of withdrawal pursuant to Section § 312 g Abs. 2 Zif. 9 BGB of the German Civil Code (BGB). Any purchase of admission tickets/tickets is therefore binding immediately upon confirmation and obligates the purchaser to accept and pay for the booked service. In the event of an event cancellation or rescheduling, the organizer will decide whether to voluntarily refund the purchase price as a gesture of goodwill. If events are rescheduled, the admission ticket/ticket remains valid unless the organizer announces otherwise. If tickets are returned due to an event cancellation, the return and refund of the purchase price will generally only be processed up to 2 weeks after the event date and at the points of sale where the ticket was purchased. In the event of a cancellation, no processing, service, advance-sale, or shipping fees will be refunded. 

6. Complaints

The customer is obligated to contact the organizer if they have not received the purchased tickets within 24 hours of placing the order. 
Immediately upon receipt of the tickets, the customer is obligated to verify that the quantity, prices, date, time, venue, and event are correct. Complaints regarding incorrect tickets must be filed immediately. The complaint must be submitted in writing to the organizer. If the customer has any questions, they may contact the Fulda Tourist Information Office. 

7. Data Protection

The customer’s personal data will be collected, processed, and used via automated procedures to the extent necessary for the performance of the contract, in compliance with data protection law and the General Data Protection Regulation (GDPR). 

8. Jurisdiction

The place of jurisdiction for all disputes arising in connection with the delivery transaction, to the extent agreed, is Fulda. The contracting parties agree that the law of the Federal Republic of Germany shall apply to all legal relationships arising from this contractual relationship, to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

9. Severability Clause

Should any provision of these General Terms and Conditions be or become invalid, this shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by the applicable statutory provision.