Terms and Conditions rent-a-guide

Version: March 1st 2019

§ 1 Scope of application

These terms and conditions apply in their current version for the entire use of the “rent-a-guide.com” platform as well as other booking platforms which are provided by rent-a-guide GmbH, Huestr. 6 in 44787 Bochum, Germany - hereinafter referred to as "rent-a-guide.com"; the bookings and the pictures on this website. Deviating terms and conditions are expressly contradicted.

§ 2 Services of “rent-a-guide.com”

“rent-a-guide.com” operates a booking platform on which the user can book a service directly with his/her provider. The booked service is not offered or provided by “rent-a-guide.com”, unless it is explicitly stated in the booking process or elsewhere that rent-a-guide itself offers or provides the selected service. Only the provider becomes a contractual partner of the user. “rent-a-guide.com” provides only the technical facilities for booking and payment of the booked service and acts as a welcome/explanation messenger for the provider.

The description and implementation of the offered services is the sole responsibility of the provider. “rent-a-guide.com” has no influence on the content design, the description or the implementation of the service offered by the provider. A claim for fulfilment of the booked service therefore exists only vis-à-vis the provider; not vis-à-vis “rent-a-guide.com”.

The provider can bind the performance of his/her service to the fulfilment of certain conditions by the user (e.g. height, weight, health condition etc.). The provider will include the conditions in his/her ad. In individual cases, this may result in the service not being available to every potential user.

§ 3 Booking process

The individual advertisements of the providers do not constitute a binding offer. The user selects one of the advertisements, selects the date and time of the provision of the service, clicks on "Book", enters his/her contact details in the displayed mask and clicks on the "Confirm booking" button. He/she makes a binding offer to the provider. “rent-a-guide.com” accepts this offer as a welcome messenger.

If the provider and the selected service are available on the selected date, then “rent-a-guide.com” confirms the conclusion of the contract with the provider - as its explanatory message - immediately. The acceptance of the offer by the provider is subject to the condition that the specified contact data of the user are entered truthfully and completely and that the booked service is paid for before it is carried out. Thus, a binding contract has been concluded between the user and the provider.

“rent-a-guide.com” and the provider reserve the right to cancel a booking due to price errors. Following the conclusion of the contract, “rent-a-guide.com” sends a booking confirmation to the user as well as a copy of the data entered by the user for the booking to the contractor.

§ 4 Payment process

After booking “rent-a-guide.com” provides the user with various payment options, such as credit card debits, PayPal or prepayment by bank transfer. The user selects one of the payment options and makes the payment. Only with the credit of the full payment is the condition mentioned in § 3 for the conclusion of the contract fulfilled.

If the service of the provider selected by the user starts before the credit has arrived at “rent-a-guide.com”, the precedent condition is not fulfilled and the user is not entitled to participate in the offered services of the provider.

Payments received via credit cards are managed by rent-a-guide GmbH. In the event of cancellation of the tour, rent-a-guide GmbH will issue the credit note to the customer.

§ 5 Cancellation right of the user

The exercise of the cancellation right takes place vis-à-vis “rent-a-guide.com” as explanation messengers of the respective offerer. The cancellation must be sent by email to storno@rent-a-guide.de. The cancellation can only be processed if the booking number and the booking details are fully specified by the user. In the event of a timely cancellation, the fees already paid will be returned immediately.

The respective cancellation periods of the provider apply, which are counted according to hours. A cancellation period of e.g. 1 day must be no later than 24 hours before the start of the tour. To make a cancellation, our simple cancellation system can be used in the booking confirmation, or an e-mail can be sent to storno@rent-a-guide.de and the provider.

§ 6 Liability of “rent-a-guide.com”

“rent-a-guide.com” is liable for contractual breaches of duty as well as offenses only for intent and gross negligence. This does not apply insofar as it relates to damages which relate to injury to life, limb or health under the fulfilment of cardinal obligations or compensation for damages caused by default (§ 286 German Civil Code).

In cases of liability for damages which are not based on injury to life, limb or health and for which slight negligence is not excluded, such claims become time-barred within one year - beginning with the creation of the claim.

Should the price of one of the offers brokered by rent-a-guide be increased after the booking and a recalculation by the local provider or third party provider is required, rent-a-guide is not liable for this difference. The difference is to be borne by the customer, who must be given the opportunity to pay the difference as well as the opportunity to cancel free of charge. rent-a- guide and the local provider agree on the settlement of the difference payments. If both parties do not agree, there is an obligation to inform the local provider. The additional payment must then be made by the customer, unless otherwise agreed, on site.

§ 7 Resale

Any commercial resale of services booked with the provider is prohibited without the prior consent of “rent-a-guide.com”. If necessary damage claims of “rent-a-guide.com” arise.

§ 8 Data protection

“rent-a-guide.com” endeavours to provide the user with a comfortable service. The necessary data are stored according to the principles of the privacy policy of “rent-a-guide.com”.

Thereafter, it is possible for the user to delete his/her data at any time, as far as they are not required for the contract, at support@rent-a-guide.de.

“rent-a-guide.com” guarantees that the data will not be passed on to third parties with the exception of the guides, so that they can identify the users and contact them immediately in case of problems.

For the rest, the privacy policy of “rent-a-guide.com” (rent-a-guide.com/privacy) applies.

The provider has committed to “rent-a-guide.com” to delete the data of the user after the service.

§ 9 Rating system

“rent-a-guide.com” sends each user a link with the booking confirmation through which the user can anonymously evaluate the service booked with the provider after the performance.

The user is required to write the evaluation objectively and without the use of criminally relevant or morally offensive language.

The user has no right to publish his/her rating. Especially if the rating is criminally relevant or contains morally offensive formulations, “rent-a-guide.com” is entitled to delete the evaluation without replacement at any time.

§ 10 Vouchers

Vouchers purchased from rent-a-guide are valid for up to 3 years. Special promotions are excluded. If a balance is left after booking, it may be used for the next booking, etc. Residual amounts cannot be paid out. The voucher is ready for printing immediately after the order. Vouchers are not refundable after booking. If you want to cancel an unredeemed voucher, a processing fee of €10.00 per voucher will be charged.

§ 11 Applicable law and place of jurisdiction

As far as permitted by law, German law applies to the services of “rent-a-guide.com”.

If you have no general place of jurisdiction in Germany or in another EU member state and if you are a merchant, a special fund under public law or you have relocated abroad after these GTC came into effect or your usual place of residence is not known at the time the complaint is filed, the exclusive place of jurisdiction in all disputes arising from this contract is the headquarters of rent-a-guide GmbH.

§ 12 Severability

If any provision of these GTCs is invalid, the remaining provisions shall remain unaffected. In the case of the ineffectiveness of a provision this shall be replaced by one which comes closest to the meaning and purpose of the invalid provision in a legally effective manner. The same shall apply in the event that a gap is found in the contract.

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