General Terms & Conditions

I. General Booking Conditions
II. General Terms & Conditions for Package Holidays
III. General Terms & Conditions for City & Guided Tours

I. General Booking Conditions

1. Scope and contractual relationship

These “General Booking Conditions” apply to contracts for the brokerage (“agency contracts”) of accommodation, guesthouses, hotels, B&Bs, guest rooms, privately rented rooms and holiday apartments from landlords, hotel owners and owners (“hosts”) by the City of Fulda, Tourism and Congress Management (hereinafter: TCM). As such, this contract applies to all accommodation for which TCM acts as a booking agency and provides guests with accommodation options. TCM acts solely and exclusively as an intermediary between host and guest. A contract for the reception and accommodation of the guest by the host (“accommodation contract”) and any other services provided by the host is concluded solely between the host and the guest. Theses booking conditions govern the contractual relationship between the guest and TCM as the agent of the accommodation contract.

The English version of these conditions constitutes a translation of the original German conditions and is provided for reference only. In the case of deviation from the meaning of the original German conditions, the German conditions take precedence.

2. Services

a) TCM acts solely 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. This booking contract concerns the proper brokerage of the accommodation chosen by the guest. The guest’s claims under the accommodation contract exist exclusively against the host. The same applies to contractual and legal claims relating to accommodation, in particular claims for defects, compensation and claims for damages. The scope and type of services owed by the host are based on the service and property description of the rental property by the host in conjunction with the individual booking confirmation that the guest receives from the host.

b) The service provided by TCM under this contract is considered to have been provided upon conclusion of the accommodation contract between the host and the guest. This applies regardless of the continued existence and fate of the accommodation contract. Unless otherwise agreed, the accommodation contract is considered concluded upon receipt of the binding booking confirmation from the host by the guest or – if a booking confirmation is not received – at the latest when the accommodation is provided.

3. Rights and obligations under the accommodation contract

a) The rights and obligations arising from the accommodation contract are largely governed by its provisions and legal provisions.

b) Within this context, and without obligation, TCM points out that, in accordance with the aforementioned provisions, the host may be entitled to payment of an appropriate cancellation fee from the guest in the event of withdrawal from the contract by the guest and due to other contract terminations or contractual disruptions. The amount of compensation may be determined on the basis of the total price, deducting the customary cost savings, as well as what can be acquired as a result of the usually possible alternative occupancy of the rental property. If necessary, the host may, at their discretion, calculate this claim specifically or on a lump sum basis. Reference is made to the host’s terms and conditions as well as to the other contractual and legal provisions that apply to the accommodation contract. The guest is always permitted to prove to the host that they suffered no damages, or only suffered to a degree significantly less than the amount claimed. TCM does not provide the customer with any guarantees, warranties or assurances as to the accuracy, completeness or timeliness of the information provided by the hosts.

c) The accommodation contract is concluded – subject to deviating provisions of the accommodation contract – for the period specified in the booking confirmation only. It expires at the end of this period, without the need for notice.

d) The right to extraordinary termination remains unaffected. Legal regulations also apply.

4. Liability

a) TCM assumes no liability for the proper execution of the arranged guest accommodation and accommodation contracts, and does not guarantee the suitability or quality of the accommodation and other services presented by the hosts. As the guest’s contractual partner, the host assumes full liability for this. Nor does TCM guarantee the availability of accommodation and other services offered or promised by the host.

b) TCM is only liable for erroneous mediation. The information about arranged services and accommodation is based exclusively on the information provided to TCM by the individual hosts and, as such, does not represent TCM’s own declarations or assurances to the guest.

c) Insofar as the guest is a merchant, a legal entity under public law or a special fund under public law, the registered office of the host is agreed as the place of jurisdiction. In all other respects, the place of jurisdiction is governed by the statutory provisions.

5. Arrival and departure

a) The guest must arrive – subject to deviating provisions of the accommodation contract – by the agreed time, which results from the booking confirmation or the host’s terms of contract, but no later than 6pm on the day of arrival. The guest must inform the host of any delays. The accommodation is reserved from 3pm on the day of arrival.

b) The rental property must be handed over by the guest on the day of departure in the contractually agreed condition, subject to a different provision within the accommodation contract. If the accommodation is not released in due time, the host may demand appropriate remuneration or compensation for further occupancy in accordance with their general terms and conditions.

c) Invoicing, payment, cancellations and rebookings are made by the host.

d) No refunds are made in the event of early departure by the guest – subject to deviating provisions in the accommodation contract or legal regulations. Individual arrangements between the guest and the host are possible and take precedence over the provisions of these booking conditions with regard to the accommodation relationship.

II. General Terms & Conditions for Package Holidays

1. Scope of application

The following business and travel conditions apply to package offers (arrangement, ticket & hotel, etc.) in accordance with Section 651a (1) German Civil Code (BGB). Insofar as effectively agreed in accordance with the statutory provisions, they become part of the travel contract concluded between you – hereinafter referred to as the “guest” – and the City of Fulda | Tourism & Congress Management – hereinafter referred to as “TCM” – as the tour operator in the event of a booking in accordance with the statutory provisions of Sections 651a to 651m BGB.

2. Conclusion of the travel contract

a) The booking declaration/registration, which can be made in writing, orally, by telephone, by email or online, constitutes the binding conclusion of a travel contract based on the package description between the guest and TCM.

b) The contract is concluded exclusively upon receipt by the guest of the booking confirmation (in writing or in text form) including a travel voucher from TCM. If the guest’s booking declaration is submitted less than 7 working days before the start of the trip, contrary to sentence 1, the telephone or oral booking confirmation is sufficient for the binding conclusion of the contract.

c) The guest making the booking is liable for all obligations of guests registered by them under the travel contract.

3. Payment

a) A deposit of 10% of the total package price is due upon conclusion of the contract and delivery of the travel confirmation including travel voucher. The remaining package price must be paid 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 is offered by MasterCard, Visa or American Express, the credit card must be presented at the Tourist Information Office when 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 entire package price is due immediately upon conclusion of the contract and dispatch of the travel voucher (i.e. without payment of a deposit). The travel documents are sent immediately after receipt of payment.

d) Without full payment of the package price, there is no legal claim to the package content, additional services or other services.

4. Services

a) TCM’s obligation to provide the services in question is based exclusively on the content of the booking confirmation.

b) If the guest does not make use of individual services as a result of an early departure or for other compelling reasons, TCM will endeavour to seek reimbursement from the service providers for the costs. This obligation does not apply if the services are insignificant or if reimbursement is contrary to statutory provisions.

5. Changes in services and prices

a) TCM is authorised to make minor changes and deviations from the agreed content of the travel contract, in particular relating to services, which become necessary after conclusion of the contract and which have not been brought about by TCM, insofar as the changes or deviations are made in good faith, are not significant, do not result in a significant change to the service booked and do not significantly affect the guest’s interests. The guest reserves the right to check the legality of the change. A change to the service within this context does not itself constitute a defect in the service. Any warranty claims relating to the performance of the amended service remain unaffected insofar as the amended services are subject to defects.
TCM is obliged to inform the guest immediately about changes in services and deviations in services.

6. Withdrawal by the guest, rebooking

a) The guest can cancel the trip at any time before the start of the trip. The receipt of the cancellation confirmation by TCM is decisive. The guest is recommended to declare their withdrawal from the contract in writing. If the guest withdraws from the travel contract or does not embark on the trip, TCM loses the right to the cost of the booking. Instead, TCM may only claim appropriate compensation. The amount of compensation is based on the package price, taking into account the period between the declaration of withdrawal and the start of the trip, the expected savings of expenses on the part of the organiser, and the expected earnings through possible other uses of the services.

b) Compensation is calculated as a percentage of the total package price, based on the date of receipt of the cancellation notice as follows:

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

c) In addition to a stay, tickets shown (separately) in the booking confirmation cannot be exchanged or refunded. In this case, the adjacent claim to cancellation fees, as stated above, is calculated based on the remaining price.

7. Limitation of liability

The contractual liability of TCM for damages is limited to three times the booking price. The above limitation of liability does not apply to damage to life, body or health, or to damage caused intentionally or through gross negligence by TCM.

8. Customer obligations

With regard to the legal rights and obligations of the guest, TCM refers to the provision of the German Civil Code on package travel contracts § 651a ff. BGB. The most important provisions are:

a) The guest must claim any deficiencies to the services received against TCM immediately. Claims are only not waived if such a notification of defects is omitted through no fault of their own.

b) In the event of a significant disruption to the trip, the guest may cancel the trip in accordance with the statutory provisions. In addition to the notification of defects, this generally requires giving TCM a deadline to rectify the deficiencies.

9. Ineffectiveness of individual provisions

Should a provision of the contract or these travel conditions be void, the effectiveness of the remaining provisions will not be affected. Should the contract be ineffective in individual parts or contain gaps, the missing or ineffective provisions shall be replaced by a valid provision which corresponds to the rest of the contract and comes closest to the purpose of the missing or ineffective provisions.

10. Jurisdiction

The place of jurisdiction for registered traders, legal entities under public or private law and for persons who have no general place of jurisdiction in Germany, as well as for persons who, after conclusion of the contract, have moved their place of residence or habitual residence abroad or whose domicile or habitual abode is unknown at the time the action is brought, is the registered office of the organiser in Fulda.

III. General Terms & Conditions for City & Guided Tours

The City of Fulda | Tourism and Congress Management Fulda – hereinafter referred to as “TCM” – organises city tours, guided tours and trips within the local area for guests and groups – hereinafter referred to as “customer”.

1. Scope

These “General Terms and Conditions” apply to TCM’s business relationships with its customers. The general booking conditions of TCM apply even if TCM confirms a booking made by the customer with knowledge of the customer’s terms and conditions. TCM only acknowledges conflicting, deviating or supplementary terms and conditions of the customer if it expressly agrees to their validity in writing.

2. Subject of the booking conditions for city tours

a) The TCM organises city tours. To this end, TCM arranges independent tour guides for city tours and sightseeing trips and, on request, also provides coach travel for sightseeing trips.

b) The tour guides arranged by TCM can be booked for specific city tours defined by TCM in advance or for a specific itinerary chosen by the customer for a day.

c) When providing coaches, TCM works with independent bus companies. Transportation provided as part of round trips to the local region is not provided by TCM itself; rather it is carried out independently by the bus company commissioned in each case. All business obligations under the Passenger Transport Act (PBefG) apply only to the transport company providing the service.

3. Conclusion of the booking contract

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

b) A contract with TCM is only concluded when TCM has confirmed the customer’s booking in writing (“order confirmation”).

c) All changes to a binding booking are also to be recorded exclusively in writing.

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

e) The services listed on the booking confirmation apply. Please note that, despite confirmation, guided tours of churches are always subject to change. Church services and church events can be scheduled at short notice. As such, it may not be possible to tour the church in question. We will inform you of any required changes to the itinerary as soon as we are aware of the changes.

4. Admission prices; tour guide cost

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

b) The admission costs specified by TCM in the offer represent special rates. These rates are only valid if the customer also books the corresponding admission fee with TCM. If the customer does not book admission as part of the booking, the admission costs will need to be paid directly to the respective local institution. The standard prices of the institutions will then apply.

c) Custom city tours or itineraries may incur travel and entertainment expenses for the tour guide. These costs are not included in the tour guide rates and are charged additionally to the customer. This also applies to travel expenses: The meeting and/or end point will only be outside the centre of Fulda in exceptional cases and requires express confirmation from TCM.

5. Payment methods

a) The tour must always be paid in cash at the end of the event. A receipt can be issued upon request.

b) When concluding the contract, no immediate deposit or full payment is generally due for domestic billing addresses, unless the offer booked by the customer expressly agreed on an advance payment.

c) TCM can issue an invoice. The TCM charges a flat rate of €10.00 for this service for domestic and EU bank transfers. The fee is €20.00 for other international bank transfers.

d) The cost is calculated based on the registered and confirmed number of people.

6. Tour guides arranged by TCM

a) TCM chooses the tour guide in accordance with the qualifications required for providing a tour of the city. The customer is not entitled to request the appointment of a specific tour guide.

b) Even if a specific tour guide is appointed, TCM reserves the right to replace them with another, suitable and qualified tour guide in the event of a compelling reason (in particular due to illness).

c) Contact with the tour guide only takes place on site. The private data of the scheduled tour guide is subject to data protection and is not passed on to third parties by TCM.

d) Tour guides arranged by TCM do not assume any supervisory obligation as part of city tours. Groups of minors (e.g. school groups) must be accompanied by a sufficient number of supervisors. If, as duly judged by the tour guide, the number of supervisors is too low, the tour guides cam choose to not start the city tour or to cancel an ongoing city tour. The group is then considered not to have appeared.

e) The tour guides arranged by TCM do not accept any cash payments for groups with regard to admission, catering or other costs. The arranged tour guides also do not collect any entrance fees in cash on site.

7. Services

a) All information and illustrations of city tours in brochures, on the internet, etc. only depict examples of services that may be possible. This does not guarantee any specific content for city tours. TCM only has to provide the scope of services expressly stated in the order confirmation.

e) The services listed on the booking confirmation apply. Please note that, despite confirmation, guided tours of churches are always subject to change. Church services and church events can be scheduled at short notice. As such, guided tours may no longer be possible. As soon as we become aware of any changes, we will inform you of the associated alterations to the itinerary.

8. Changes in services and prices

a) Changes or deviations from the agreed content of the booking are permitted, provided that the changes or deviations are reasonable for the customer, taking into account the interests of TCM. Changes or deviations are reasonable, in particular if they are not significant and do not significantly affect the overall structure of the booked tour or if there are external circumstances for which TCM is not responsible, e.g. road closures, church closures, short-term illness of the tour guide, etc. TCM is obliged to immediately inform the customer of any changes or deviations in services. If necessary, TCM will allow the customer to rebook free of charge. If the changes or deviations are not reasonable for the customer, taking into account the interests of TCM, the customer has the right to withdraw from the contract.

b) If the group arrives late, there is no right to extend the city tour or to demand a price reduction. An extension of the city tour is at the discretion of the tour guide. In the event of an extension, the time owed consists of the tour guide’s wait time and the actual duration of the tour. The tour guide will wait up to a maximum of 30 minutes. For delays of over 30 minutes, the group is considered to have not appeared (and the tour will be charged in line with paragraph 9a.)

c) The tour guide’s working hours begin and end in Fulda. If work starts or ends outside Fulda, the tour guide’s working hours will be extended accordingly and any travel expenses and additional hours will be calculated.

9. Changes, cancellations and no-shows

a) Cancellation and changes are possible free of charge up to 14 days before the tour. Once this period has elapsed, the customer will be charged a cancellation fee of 100% of the cost of the tour. The date of cancellation is based on receipt of the cancellation notice received by TCM.

b) Changes to the meeting point or time are possible up to 7 days before the tour. A processing fee of €10.00 applies. Changes must be made in writing, including by email, or by telephone.

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

d) The customer is permitted to seek to prove that the TCM suffered no or significantly less damage as a result of the cancellation or no-show. Notwithstanding the aforementioned lump sum, TCM reserves the right to claim additional compensation to be calculated based on the individual case.

10. Video and audio recordings

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

b) All data protection rules must be complied with.

11. Limitation of liability

a) TCM is liable for the proper management of the tour within the framework of legal provisions.

b) TCM is not liable for disruptions in connection with brokered third-party services (e.g. catering services, church capacity, concert visits, exhibitions, etc.).

12. Choice of law and jurisdiction

The place of jurisdiction is the TCM headquarters in Fulda.

Last updated on 13th November 2023.

City of Fulda | Tourism & Congress Management General Terms & Conditions (T&Cs)