General Business Terms of rent-a-guide GmbH for Guides

Version: 2016-03-04

§ 1 Scope

These general terms of business are counting for the complete use of ””, which is offered by the rent-a-guide GmbH, Huestr. 6 in 44787 Bochum, Germany; the bookings via and the presentation on this website. Different terms of business will be totally disagreed.

§ 2 Services by ””

”” is a website on which the supplier can offer his services after he has registered and created an account. The service is not offered or provided by ””. Only the supplier is going to be co-contractor of the user of the website. ”” only offers the technical possibilities and acts as an authorised recipient for the supplier. The supplier has no right to maintain his account at ””. After the supplier filled in the data sheet which is offered by ””, ”” reserves the right to check and to activate the account. If the account is going to be activated, the supplier can use it to publish his advertisments for free. ”” demands a commission of the booking amount if there is going to be a conclusion of a contract between the supplier and the user of the website. The commision is negotiated between the parties after the supplier's registration. Alternatively, a net rate may be negotiated.

Only the supplier is responsible for the description and the offered provision of services. ”” has no influence on the content, the description or the accomplishment of the services offered by the supplier. Therefore, a claim for performance only exists towards the supplier and not towards ””.

§ 3 Duties of the supplier

To publish advertisments on the website ””, the supplier hast to fill in the registration form of ”” completly and truthfully. With this registration form the supplier creates his account, which he has to keep up to date. The supplier guarantees ”” that he has the needed know-how, all licences and rights and the governmental or other needed authorisations.

3.2 The supplier contracts that he describes the advertisments which he offers on the website ”” truthfully and completly. The supplier will particularly allude to health risk, which may emerge while attending the offered provisions of service, needed tools, and all other facts and events, which could aggravate or frustrate the accomplishments of the services. The supplier also contracts to indicate that the times which are named in the advertisment, are the local times of the destination.

3.3 If the provisions of service are bounded to any conditions, the supplier contracts to name these conditions in his offer.

3.4 If the conditions are not fulfilled or if there is an additional impediment of performance, the supplier alludes to the cancellation of the service. If there is a cancellation the supplier does not get a commission.

3.5 The supplier contracts towards ”” that he insures the user of the website, who booked a service, against harms which could be suffered during the provisions of service.

3.6 If the supplier needs a governmental or any other admission, the supplier will contact immediately as soon as the admission is deprived of him.

In the case that both parties agree on net rates , the supplier contracts, that he will not offer lower net rates on any other sales channel - neither to a competitor nor an end customer. The supplier also decides on which time his offer will take place. With the advertisment the supplier guarantees the availability of the provision of services on the date and for the number of people the supplier chose. If there is a impediment of performance though, the supplier immediately contacts ”” about the modality of the impediment of performance and its duration via Email: Furthermore the supplier contracts that he sets the advertisment of the not accomplishable performance of services to ”offline” immediately.

The supplier contracts that he uses the templates which are offered by ”” for setting up his advertisment and that he fills them in completely. ”” is authorised to not publish advertisments which are not completely filled in. In this case the supplier will get an information via his email address.

The guide commits to either own the copyright of the pictures he uploads or purchased it lawfully.

The supplier contracts that he does not offer the products, he offers on ””, for a lower price on any other sales channel - neither via internet nor in any other way - than on the platform ””.

The supplier is not allowed to allude to his own website – neither in his profile, nor via the tour descriptions nor via direct message or any other communication channel. He is also not allowed to give hints or any other information for a direct approach beyond the website ””.

For content that is covered by intellectual property rights, like for example photos and videos ("IP content"), the supplier specifically gives rent-a-guide the following permission: The supplier grants rent-a-guide a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content for marketing issues that he uploads on rent-a-guide (”IP License”). This IP License ends when the supplier deletes his IP content or user account. However, the supplier understands that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).

The supplier also agrees to the General Business Terms which are valid for the users of ””.

§ 4 Booking operation and General Business Terms for customers

The individual advertisments of the supplier are not binding offer yet. The user selects one of the advertisments, chooses day and time on which the perfomance of services will take place, clicks on the button ”booking”, fills in his contact details and then clicks the button ”affirm booking”. Only then he delivers a binding offer towards the supplier. ”” accepts this offer as an authorised receiver.

If the supplier and the chosen performance of services are available on the selected date, ”” confirms the conclusion of contract with the supplier immediately. The acceptance of the offer through the supplier takes place if the contact details of the user are correct and if the booked performance of services is paid in time. Therewith a binding contract comes about between the user and the supplier.

After the conclusion of contract, ”” sends a booking confirmation to the user and a copy of the data which the user filled in to book the tour.

§ 5 Payment transaction and forwarding of the fee, charging

After the booking ”” offers different payment options to the user, as for example paying by credit card, PayPal or advance payment via bank transfer. The user chooses one of the payment options and pays the money. Only with the credit advice of the whole payment the conditions named in §4 are fullfilled. ”” subducts the agreed provision from the fees of service, which is paid by the user to ”” as authorised receiver and enters the remaining money to an interior account for the supplier. Always at the 15th of the following month after the tour took place, ”” will transfer the money from the interior account to the bank account which was named by the supplier, if the account in credit shows 50.00 € or more. If the amount of 50.00 € is not reached, the account in credit will be paid, if the amount of 50.00 € is reached or overspend.

A charging for both parties is only possible with a undoubted or legally binding claim.

§ 6 Liability of ””

”” is liable for the contractual breach of duty as well as in delict only for premeditation and culpable negligence. This does not obtain insofar damages are concerned which affect life, body or health, nor the fulfilling of cardinal obligations and accordingly the replacement of damages caused by default (§ 286 code of federal law).

If the liability for the damages are not due to the hurt of life, body or health and if a ordinary negligence can not be excluded, such receivables prescribe within on year starting with the accruement of the receivables.

§ 7 Data protection

”” saves the data which are lodged by the supplier only for the settlement of the contract between the two parties and for the transaction of the occured booking. After the account of the supplier is deleted and all the bookings which were made via this account are handled and if there are no more receivables between the two parties, ”” deletes the data of the supplier after three years. The saving of the data until this time is necessary if a user may have claims for damages towards the supplier.

The supplier agrees that ”” forwards the contact data of the supplier to a customer who booked the provision of services offered by the supplier via unencrypted Email. The supplier contracts towards ”” that he will delete the contact data of the customer, which he will get from ”” directly after the provision of services took place.

§ 8 Quality rating system

With the booking confirmation, ”” sends a link to every customer, by which the user can evaluate the booked provision of services anonymously after the provision of services took place. The supplier agrees to the possibility of this rating by the user.

The user obliged to evaluate objectively and to not use penally relevant or morally offensive phrases.

The user has no right that his rating is going to be published. Especially if the user used penally relevant or morally offensive phrases, ”” is always authorised to delete the evaluation without substitution. If the supplier does not agree with the rating the supplier has to disprove the statements of the user under offers of proof.

§ 9 Cancellation of the account

Every party of the contract can cancel the account of the supplier within a time of four weeks. The right for an extraordinary notice of cancellation because of important reasons will be reserved. For ”” an important reason is existent, if the supplier did not fulfill his contractual duties towards the user of the website or fulfilled them inadequately at least two times. The same also obtains if it is transpired that the supplier has made false statements, especially concerning his know-how or the needed authorisations. An extraordinary notice of cancellation is also possible if the supplier does not have the needed authorisations anymore.

In case of a duly cancellation of the account, the supplier can add advertisments until the end of the contract. Setting up advertisments beyond the end of the contract is not possible.

In case of an extraordinary motive of cancellation not only the account but all the advertisments of the supplier will be deleted without compensation. Contracts between the supplier and the user of the website will be handled.

§ 10 Choice of law – Court of jurisdiction

Insofar as allowed by law, for the services of ”” the German law obtains. If you have no natural forum in Germany or in any other EU Member State and if you are a tradesman, have seperate assets by public-law or if you have moved your place of residence abroad after these General Business Terms became operative or if your common whereabouts are not known at the date of the commencement of an action, the domicile of the rent-a-guide GmbH is the only address for service for any conflicts from this contract.

§ 11 Severability clause

If one of the clauses of these General Business Terms is effectless, the effectivity of the other clauses will be uneffected by this. In case of an ineffectivness of a clause it will be replaced by a clause which comes profitably as close as possible in spirit and purpose to the effectless clause in a legally effective way. This also obtains for possible unintended omissions.

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