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Conditions

General Terms and Conditions of Landgang Altona

Clause 1   Area of Application
1. These General Terms and Conditions apply to all current and future business transactions.

2.  A consumer as defined in these General Terms and Conditions is a natural person who enters into a business relationship that is not considered a commercial or freelance professional transaction.

An entrepreneur as defined in these General Terms and Conditions is a natural or legal person or  incorporated partnership who or which enters into a business relationship that can be considered a commercial or freelance professional transaction. Consumers and entrepreneurs are both customers as defined in these General Terms and Conditions.

3. No other General Terms and Conditions shall be part of any contract set forth in Clause 1.1 hereof, even if Landgang Altona is aware of such general terms and conditions,
unless Landgang Altona has expressly accepted such general terms and conditions in writing.

 Clause 2   Quotations, Fees
1. All quotations are subject to change until expressly accepted.
2. Postage and packaging will be charged additionally.
3. All travel and subsistence costs (expenses) incurred as a result of consultancy services and the fulfilment of an order will be itemised and charged separately.

Clause 3   Services
1. Landgang Altona organises a variety of thematic guided walking tours for business and individual customers.
2. Landgang Altona advises customers on the services provided by other third-party suppliers and service providers (location etc.) and will arrange and negotiate their offers and services on behalf of the customer.

3. The recommended services and those listed by the third-party service provider in catalogues and brochures shall be provided solely and independently by this contractor and shall be charged and billed by the contractor.

Clause 4   Conclusion of a contract
When the customer books a guided tour, he or she enters into a binding contract with Landgang Altona. The tour can be booked orally, by telephone, in writing, by email or by fax. The contract is concluded when the offer is accepted by the customer returning the order confirmation. Landgang Altona is entitled to accept the customer’s order within a period of two weeks.

Clause 5   Fees
1. The fee for our guided tour will be charged according to the individual contractual arrangements.
2. The fee for consultancy and brokerage services will changed according to the amount of time required.
3. Third party services will be billed to the customer by the service provider in question. 

Clause 6   The customer’s obligations
Upon receipt, the customer is obliged to check to ensure that the order confirmation is complete and correct. Any obvious errors or omissions must be reported to Landgang Altona without delay.

Clause 7   Limitation of liability
1. In the event of a breach of contract due to minor negligence, Landgang Altona’s liability shall be limited to the foreseeable, contract-specific, immediate average damage.
This limitation of liability also applies to Landgang Altona’s representatives, assistants and auxiliaries.
2. For entrepreneurs Landgang Altona accepts no liability in the event of minor negligence and breach of minor contractual obligations.
3. This limitation of liability shall not apply in the event of personal injury or loss of life which can be attributed to Landgang Altona.

Clause 8   Conditions of consultancy services
If Landgang acts as an advisor for event organisation services, including location hire, catering or artists’ services, then the General Terms and Conditions of the third party service provider shall apply to any contract entered into.

Clause 9   Notice of defect
Should the customer become aware of any obvious defects in the services provided, then the customer is obliged to inform Landgang Altona without delay.

Clause 10   Cancellation
If the customer cancels a contractually binding booking or if he or she fails to make use of the services that have been booked, then Landgang Altona shall be entitled to charge the following  graduated cancellation fees: cancellation up to one week prior to the event: 40% of the arranged fee; cancellation up to three days prior to the event: 60% of the arranged fee; cancellation one day before: 80% of the arranged fee; non-appearance: 100% of the arranged fee. Should the customer wish to rebook or change the date of the service, then Landgang Altona must be advised without delay (at least 48 hours before the event is scheduled to start). Landgang Altona will endeavour to reschedule or alter the booking to suit the customer.
The customer is entitled to furnish proof that the damage resulting from the cancellation was lower.

Clause 11   Other  provisions
1. This contract is governed exclusively by the laws of the Federal Republic of Germany.
2. The place of jurisdiction for all disputes arising from the contract is the customer’s legal domicile, provided that the customer is a merchant, a legal person under
public law or special public assets. This shall also apply if the customer does not have a general legal domicile in Germany or his or her place of residence or habitual abode is unknown at the time of the commencement of legal action.
3.If any provision of the contract with the customer is unenforceable or invalid, including these General Terms and Conditions, the contract shall be ineffective only to the extent of such provisions, and the enforceability or validity of the remaining provisions of this contract shall not be affected thereby. An invalid provision shall be replaced with a provision that meets the intended economic purpose in the best possible way.

© Landgang Altona, Nicole Nebel

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