General Terms and Conditions

§ 1 General

These general terms and conditions are the exclusive basis for all contracts concluded between Wie schmeckt meine Stadt GbR (hereinafter called city guide), Florianstr. 10A, 92353 Postbauer-Heng and their customers/guests regarding culinary city tours.

§ 2 Conclusion of contract

With the registration, which can take place verbally, in writing, by e-mail or via the website "www.wie-sch m, the customer/guest or the client offers the conclusion of a service contract to the city guide on the basis of the service specification on the aforementioned website for the respective tour. The registration must be made at the latest three days before the planned booking. The contract is only concluded when the city guide has confirmed the acceptance of the contract offer in writing. The guest is not entitled to participate in a guided tour until the offer has been expressly accepted. The customer can register as an individual for a regular guided tour (individual ticket) on a fixed date or a group registration for a fixed date can be made.

§ 3 Giving city tours

The maximum number of participants on a guided tour is 12 persons. For larger groups, an individual request must be made, which will lead to an individual offer from the city guide. The guided tour lasts 3 hours on average. The customer has to inform the guide at least three days before the planned tour whether the participants suffer from food allergy or food intolerance so that the restaurants can be informed. The city guide reserves the right to change the planned route or go to restaurants other than those advertised. In this case, the customer has no right to compensation, reduction or withdrawal.

§ 4 Delay

  1. (1) If the customer is late, he is obliged to inform the city guide by telephone. There is no right to compensation in case of delay.
    Regular guided tour (individual ticket).
    A customer who has registered for a guided tour is not entitled to a refund in the event of a delay if the delay is attributable to the customer and for this reason the customer cannot fully attend the guided tour.

Group tour

If the number of group members decreases, the guide must be informed at least 10 days before the date of the tour. There is no right to a refund of a portion of the agreed price. In such cases, however, the guide may conclude an individual agreement with the customer.

(2) The city guide can withdraw from the contract in case of force majeure and sudden illness, if he is not able to organize a replacement as a city guide. The customer may reclaim any payments already made.

§ 5 Withdrawal

Regular guided tour (individual ticket): Withdrawal from the contract is excluded. In the event of such a withdrawal, the city guide can offer an alternative date or issue a voucher. However, the customer does not have a direct claim to this. The customer is not obliged to make use of the alternative date. The customer is not entitled to compensation, reimbursement or reduction.

Group tour: The customer can withdraw at any time before the beginning of the booked tour. The withdrawal must cover the entire group. Withdrawal must be made in writing. The date of receipt of the notice of withdrawal is decisive. The withdrawal must be confirmed in writing by the city guide in order to be effective. If the customer withdraws from the contract or does not meet an agreed date without withdrawing from the contract beforehand, the city guide can demand appropriate compensation. The city guide can calculate the damage or, at his discretion, claim a flat-rate compensation. The flat-rate claim for compensation is determined as follows:

  • Up to 30 days before the tour: free of charge
  • up to 20 days before the tour: 25 % of the agreed price
  • up to 10 days before the tour: 50 % of the agreed price
  • up to 5 days before the tour: 75 % of the agreed price
  • Thereafter, the full price (100%) must be paid as compensation.

§ 6 Prices and terms of payment

The prices can be found on the website.

Regular guided tour (individual ticket): The price for the ticket is due upon purchase of the ticket without any deduction. The customer can choose between the payment methods offered on the website.

Group tour: The payment of the service takes place after booking by invoice without any deduction to the city guide. The purchase price is due immediately.

The price of the service includes all the services listed in the confirmation of the order. In particular also the services in the restaurants visited. All meals and drinks that are not included in the offer must be paid by the customer himself and will be invoiced directly by the restaurant.

§ 7 Compensation/liability

  1. The city guide is only liable for such damages which are based on an intentional or grossly negligent breach of contract by the city guide himself or by his vicarious agents. Excluded from this are the breaches of contract described under paragraph 2. The limitation of liability does not apply to damages resulting from injury to life, body or health, which are based on a negligent breach of duty by the city guide or one of his vicarious agents, unless they fall under paragraph 2. In the remaining cases, as long as they do not fall under paragraph 2, the liability of the tour guide refers exclusively to the performance of the agreed scope of services and is limited to the amount of the guide fee. The client is responsible for any damage caused by him/herself.
  2. The guide assumes no liability for the consumption of food within the restaurants visited or of food served by the restaurants visited. In particular, liability for injuries caused by allergy, food intolerance or improper preparation of the food offered (food poisoning) is excluded. The customer must assert corresponding claims against the individual restaurant owners. The city guide undertakes to publish the addresses and contact data in this respect.

§ 8 Image rights

By participating in the guided tour, the participating guests agree that any audio, video and picture recordings of the tour itself must be omitted.

§ 9 Place of jurisdiction

Place of jurisdiction is Nuremberg. German law shall apply.

§ 10 Data protection

The customer is aware of and expressly agrees that the personal data voluntarily provided by him may only be used in accordance with the provisions of the Federal Data Protection Act. The customer expressly agrees that his data may be stored and processed insofar as this is necessary for the performance of the service.

§ 11 Concluding provision

If one or more provisions of these General Terms and Conditions are or become invalid or unenforceable, this shall not affect the validity of the remaining provisions. The invalid or unenforceable provision shall be replaced by one that comes closest in economic and legal terms to what the parties intended with the original provision. This also applies to any gaps in the contract.