General Terms and Conditions

The General Terms and Conditions (GTC) for the various areas of the website are listed below:

General Terms and Conditions of Stadtmarketing Halle (Saale) GmbH for the organisation of individual and group tours

(valid for contracts concluded from 01.02.2024)

 

1 Scope of application

1.1 The following General Terms and Conditions (hereinafter referred to as GTC) form part of the contract between the guest(s) and the organiser, Stadtmarketing Halle (Saale) GmbH, Marktplace 13, Marktschlösschen, 06108 Halle (Saale) (hereinafter referred to as SMG), for the provision of public guided tours and individual group tours.

The contractual partner of the guest or guests is SMG under the following contact details:

Stadtmarketing Halle (Saale) GmbH
represented by the managing director
Marktplace 13 | Marktschlösschen
06108 Halle (Saale)

Telephone: 0345 122 79-0
E-mail: info@stadtmarketing-halle.de
Internet: www.stadtmarketing-halle.de

 

1.2 Guests within the meaning of these GTC can be consumers as well as entrepreneurs.

1.3 SMG is the sole contractual partner of the guest(s) with regard to the public guided tours and individual group tours offered.

1.4 SMG offers public guided tours and individual group tours in Halle. Prior booking is mandatory for all guided tours. The content and scope of the tour are governed by the contract concluded between SMG and the guest(s).

1.5 SMG is authorised to have its services provided by third parties.

1.6 SMG guarantees that city tours will be carried out for a minimum of 1 person (except for advertised minimum numbers of participants).

 

2 Offer and conclusion of the contract

2.1 The guided tour/city tour can be booked verbally and in writing (e-mail, letter) using the SMG contact details given in section 1.1.

2.2 By making a booking, the guest/guests place a binding order with SMG to conclude a contract for the organisation of a guided tour/city tour.

2.3 The contract is concluded on the basis of a binding registration and express confirmation by SMG. The booking confirmation in the form of an order is made in writing and specifies the following:

- Tickets: the booking code, the time, the meeting point for the guided tour and the duration of the tour,
- Payment notification: the order number, the payment date, the payment method, the total amount to be paid

In accordance with Section 312g (2) sentence 1 no. 9 BGB, the right of cancellation to which consumers are generally entitled as customers in distance selling contracts does not apply to services in the area of leisure activities if the contract provides for a specific date or period for the provision of the service.

3 Prices, method of payment

The prices stated at the time of booking shall apply. All prices include the applicable statutory value added tax. Payment by the guest/guests must be made in accordance with the agreed method of payment. In the case of graduated prices, the final number of guests must be notified at least 2 days before the respective service. This number serves as the basis for invoicing. If the price of a group tour is based on the number of registered guests, this price shall also apply if the group of guests consists of fewer than the registered number of people at the time of the tour.

4 Cancellation, rebooking

4.1 Individual group tour
Withdrawal from the contract/cancellation of an individual group tour must be made in writing (email, letter). In the event of cancellation of an individual group tour, the following cost regulation applies:

- up to 8 days before the start of the service: free of charge
- from 7 days before the start of the service: 50% of the total price
- withdrawal/cancellation on the day of the service: 100% of the total price

The cancellation costs amounting to the total agreed price of the individual group tour are also to be paid by the guest(s) if the guest(s) arrive(s) too late or not at all at the agreed start of the guided tour.

4.1.1 Decisive for the time of cancellation and the resulting amount of the cancellation costs is the receipt of the cancellation notice of the individual group tour by SMG. Cancellation must be declared in writing (e-mail, letter) to SMG.

4.1.2 If the cancellation also affects third-party services (bus, boat, etc.), the General Terms and Conditions of the respective contractual partners, i.e. these third parties, apply with regard to these services and costs.

4.1.3 A rebooking is possible once in the event that the desired change to the service can be made available in accordance with SMG's programme.

4.1.4 For rebookings, a one-off processing fee of € 25.00 per order is due in addition to the possibly changed price and any additional costs that SMG can prove due to the change, unless the rebooking is necessary because SMG has provided no, insufficient or incorrect pre-contractual information to the guest(s) in accordance with Art. 250 § 3 EGBGB.

4.2 Public guided tours

4.2.1 The exchange and return of tickets for public guided tours and admission tickets are excluded.

4.2.2 The guest/guests shall not be entitled to change the date or other services (rebooking) after conclusion of the contract.

5 Group tours

If the guided tour/city tour is organised as a group tour, the number of guests per tour is limited to 25 (except for the maximum number of participants as advertised).

6 Delay of the guest for individual group tours

6.1 If the guest(s) arrives late, a waiting fee of €15.00 will be charged for every 15 minutes of waiting time.

6.2 The city guide is obliged to observe a waiting time of 30 minutes from the agreed start time of the tour. After 30 minutes have elapsed, the city guide is free to continue waiting or to consider the guest(s) as not having arrived.

6.3 The delayed time will be deducted from the agreed service. Alternatively, an extension to the originally agreed service can be agreed with SMG for an additional charge. This requires prior agreement.

Payment of the agreed price is not affected by this.

7 Special features of guided tours to the Hausmannstürme of the Marktkirche

If the guided tour includes a visit to the Hausmann Towers of the Marktkirche, special safety regulations apply. The current visitor regulations for the Hausmann Towers of the Marktkirche are binding for the guest(s). Before ascending the Hausmann Towers, the guest(s) will be expressly informed of the visitor regulations with the special safety regulations and the necessity of complying with them.

The visitor regulations for the Hausmann Towers with the special safety regulations can be viewed here or at the Tourist Information Centre.

8 Limitation of liability, force majeure

8.1 SMG shall not be liable for the impossibility of performance or for disruptions to performance insofar as these are caused by force majeure or other events unforeseeable at the time of conclusion of the contract (e.g. corona-related operational disruptions of all kinds, difficulties in procurement, transport delays, strikes, lack of labour, difficulties in obtaining necessary official permits, official measures or the failure to provide, incorrect or untimely provision of third-party services) for which SMG is not responsible.

8.2 If SMG can successfully invoke this clause, SMG is released from its obligation to fulfil its contractual obligations and from any liability for damages or any other contractual remedy for breach of contract from the time at which the impediment has made the provision of the service impossible, provided that this is communicated to the guest(s) without delay.

8.3 If the duration of the impediment invoked has the effect of substantially depriving the parties of what they could legitimately expect under the contract, either party shall have the right to terminate the contract by giving notice to the other party within a reasonable period of time. Unless otherwise agreed, the parties expressly agree that the contract may be terminated by either party if the duration of the impediment exceeds 30 days.

If SMG defaults on a service under the contract or if a service becomes impossible for whatever reason, SMG's liability is limited to compensation in accordance with Section 8.4 of these GTC.

8.4 SMG's contractual liability for damages is excluded, irrespective of the legal grounds, unless otherwise stated in the provisions of sections a) to c) below.

a) Within the scope of the statutory provisions, SMG is liable without limitation for damages resulting from injury to life, limb or health caused by wilful intent or negligence on the part of SMG or its legal representatives.

b) SMG is liable without limitation for other damage caused by intent on the part of SMG or its legal representatives. For other damage caused by negligence on the part of SMG or its legal representatives or vicarious agents, SMG's liability is limited to three times the contract price.

c) SMG's liability for consequential damages and other financial losses is excluded.

9 Non-feasibility of the guided tour, cancellation by SMG

If SMG is unable to organise the guided tour for reasons for which it is not responsible, SMG may withdraw from the contract. In this case, SMG will inform the guest(s) immediately. If the guest(s) has/have already paid for the guided tour, SMG will refund the corresponding price without delay.

10 Data protection

The use of travellers' data provided to SMG for the fulfilment of the contract is in accordance with the provisions of the General Data Protection Regulation (EU GDPR). Travellers' data will only be passed on if and to the extent that this is necessary due to mandatory legal regulations or official measures.

The complete privacy policy of Stadtmarketing Halle (Saale) GmbH can be found at: verliebtinhalle.de/wir-ueber-uns/datenschutz. Please read our privacy policy.

11 Applicable law

The law of the Federal Republic of Germany shall apply exclusively to the entire contractual relationship.

12 Miscellaneous

Insofar as individual provisions of these GTC are or become invalid, this shall not affect the validity of the remaining provisions.

Status of the GTC: Halle, 31/01/2024

 

Terms and conditions of Stadtmarketing Halle (Saale) GmbH for package holidays

(valid for contracts concluded from 01.07.2022)

The following travel conditions become part of the package travel contract concluded between the traveller and the organiser, Stadtmarketing Halle (Saale) GmbH (hereinafter referred to as SMG).

1 Conclusion of the package travel contract, obligation of the traveller

1.1 The following applies to all booking channels:

a) The basis of SMG's offer and the traveller's booking is the travel advertisement and the supplementary information from SMG for the respective trip, insofar as these are available to the traveller at the time of booking.

b) The traveller shall be responsible for all contractual obligations of travellers for whom he/she makes the booking as for his/her own, insofar as he/she has assumed this obligation by express and separate declaration.

c) If the content of SMG's travel confirmation differs from the content of the booking, SMG shall be deemed to have made a new offer, to which SMG shall be bound for a period of 5 working days. The contract is concluded on the basis of this new offer, provided that SMG has drawn attention to the change with regard to the new offer and has fulfilled its pre-contractual information obligations and the traveller declares acceptance by means of an express declaration or down payment within the binding period of SMG.

d) The pre-contractual information provided by SMG on the essential characteristics of the travel services, the travel price and all additional costs, the payment modalities and the cancellation fees (in accordance with Article 250 § 3 numbers 1, 3 to 5 and 7 EGBGB) will only not become part of the package travel contract if this has been expressly agreed between the parties.

1.2 The following applies to bookings made verbally, by telephone, in writing, by e-mail or by fax:

(a) Such bookings should be made using the booking form from SMG (in the case of emails, by sending the completed and signed booking form as an attachment). With the booking, the traveller makes a binding offer to SMG to conclude the package travel contract. The traveller is bound to the booking for 8 working days.

b) The contract is concluded upon receipt of the travel confirmation (declaration of acceptance) by SMG. Upon or immediately after conclusion of the contract, SMG shall send the traveller a travel confirmation in text form in accordance with the statutory requirements regarding its content, unless the traveller is entitled to a travel confirmation in paper form in accordance with Art. 250 § 6 (1) sentence 2 EGBGB because the contract was concluded in the simultaneous physical presence of both parties or outside of business premises.

c) If SMG submits a binding and specific offer to the traveller with services, prices and travel period, the contract shall be concluded, notwithstanding the above provisions, by the traveller accepting this offer without extensions, restrictions or other changes in the form and within the period specified by SMG. In this case, the contract is concluded upon receipt of the traveller's declaration of acceptance by SMG. However, the contract is legally binding regardless of whether the traveller receives this notification.

1.3 In the case of bookings in electronic business transactions (e.g. Internet, app, tele-media), the following applies to the conclusion of the contract:

(a) SMG will explain the electronic booking process to the traveller in the relevant application.

b) The traveller has a corresponding correction option for correcting his/her entries, deleting or resetting the entire booking form, the use of which is explained.

c) The contract languages offered for the online booking are indicated. Only the German language is legally authoritative.

d) Insofar as the text of the contract is stored by SMG in the online booking system, the traveller will be informed of this and of the possibility of retrieving the text of the contract at a later date.

e) By clicking on the "Book with obligation to pay" button, the traveller makes a binding offer to SMG to conclude the package travel contract. The traveller shall be bound by this contractual offer for 8 working days from the date of sending the electronic declaration.

f) The traveller shall receive immediate electronic confirmation of receipt of his/her booking.

g) Transmission of the booking by clicking the "Book with obligation to pay" button does not constitute a claim by the traveller to the conclusion of a package travel contract in accordance with their booking details. Rather, SMG is free to decide whether or not to accept the traveller's contractual offer.

h) The contract is concluded upon receipt of the travel confirmation from SMG by the traveller on a durable medium.

i) If the travel confirmation is issued immediately after the traveller has made the booking by clicking on the "Book with obligation to pay" button by displaying the travel confirmation directly on the screen (booking in real time), the package travel contract is concluded upon receipt and display of this travel confirmation by the traveller on the screen, without the need for an interim notification of receipt of his/her booking in accordance with f). Insofar as the traveller is offered the option of saving the travel confirmation on a durable medium and printing it out. However, the binding nature of the package travel contract is not dependent on the traveller actually using these options for saving or printing. SMG will also send the traveller a copy of the travel confirmation in text form.

1.4 SMG points out that, in accordance with the statutory provisions (Sections 312 (7), 312g (2) sentence 1 no. 9 BGB), there is no right of cancellation for package travel contracts in accordance with § 651a and § 651c BGB, which were concluded by distance selling (letters, catalogues, telephone calls, faxes, e-mails, messages sent via mobile phone service (SMS) as well as broadcasting, telemedia and online services), but only the statutory rights of withdrawal and termination, in particular the right of withdrawal in accordance with § 651h BGB (see also § 5). However, there is a right of cancellation if the contract for travel services has been concluded outside of business premises in accordance with Section 651a BGB, unless the verbal negotiations on which the conclusion of the contract is based were conducted at the prior request of the consumer; in the latter case, there is also no right of cancellation.

2 Payment

2.1 SMG may only demand or accept payment of the tour price before the end of the package tour if an effective customer money protection contract is in place and the traveller has been provided with the insurance certificate with the name and contact details of the customer money insurer in a clear, comprehensible and prominent manner. After conclusion of the contract, a deposit of 20% of the tour price is due for payment against handover of the security certificate. The balance is due 30 days before the start of the holiday. For bookings made less than 30 days before the start of the tour, the entire tour price is due for payment immediately.

2.2 Insofar as the travel services do not include transport of the traveller from his/her place of residence or another starting point to the location of the contractual services and/or back and it has been agreed in individual cases that the entire travel price is only due for payment at the end of the trip after receipt of all travel services without prior down payment, there is no obligation to provide insolvency protection and to hand over a security certificate. This also applies if a deposit and/or final payment has been agreed before the end of the trip or if SMG expressly waives such a deposit or advance payment in the booking confirmation.

2.3 If the traveller fails to make the down payment and/or the final payment in accordance with the agreed payment due dates, even though SMG is willing and able to provide the contractual services properly, has fulfilled its statutory information obligations and the traveller has no statutory or contractual right of retention, SMG is entitled to withdraw from the package travel contract after issuing a reminder and setting a deadline and to charge the traveller cancellation costs in accordance with § 5.

3 Changes to the content of the contract/changes to services after conclusion of the contract

3.1 SMG is permitted to make changes to essential features of travel services from the agreed content of the package travel contract which become necessary after conclusion of the contract and which were not brought about by SMG in bad faith before the start of the trip, provided that the changes are insignificant and do not affect the overall nature of the trip.

3.2 SMG is obliged to inform the traveller of any changes to services immediately after becoming aware of the reason for the change on a durable medium (e.g. also by email or voice message) in a clear, comprehensible and prominent manner.

3.3 In the event of a significant change to an essential feature of a travel service or a deviation from special requirements of the traveller, which have become part of the package travel contract, the traveller is entitled to either accept the change or withdraw from the contract free of charge or demand participation in a replacement trip within a reasonable period of time set by SMG at the same time as the notification of the change, provided that SMG has offered such a trip. The traveller is free to respond to SMG's notification. In the event that the traveller does not respond to SMG or does not respond within the notified period, the notified amendment to the contract shall be deemed to have been accepted. The traveller must be informed of this in a clear, comprehensible and emphasised manner in the information in accordance with point (2).

If the changes or the replacement trip lead to a reduction in the quality of the trip compared to the originally booked trip or to a reduction in costs for SMG, the traveller is generally entitled to a reasonable price reduction.

3.4 Any warranty claims remain unaffected if the changed services are defective. If SMG had lower costs for the execution of the changed trip or a possibly offered replacement trip of the same quality at the same price, the traveller shall be reimbursed the difference in accordance with § 651m para. 2 BGB.

4 Price increase, price reduction

4.1 SMG reserves the right, in accordance with Sections 651f, 651g BGB and the following provisions, to increase the travel price agreed in the package travel contract if

a) an increase in the price for the carriage of passengers due to higher costs for fuel or other energy sources,

b) an increase in taxes and other charges for agreed travel services, such as tourist taxes, harbour or airport charges, or

c) a change in the exchange rates applicable to the package holiday in question

d) has a direct effect on the travel price.

4.2 An increase in the travel price is only permitted if SMG informs the traveller clearly and comprehensibly in text form about the price increase and the reasons for it and provides the calculation of the price increase.

4.3 The price increase is calculated as follows:

a) In the event of an increase in the price for the carriage of persons in accordance with paragraph 1 a), SMG may increase the travel price in accordance with the following calculation:

aa) In the case of an increase related to the seat, SMG may demand the amount of the increase from the traveller.

bb) Otherwise, the additional transport costs demanded by the transport company per means of transport shall be divided by the number of seats on the agreed means of transport. SMG may demand the resulting amount of the increase for the individual seat from the traveller.

b) In the event of an increase in taxes and other charges in accordance with paragraph 1 letter b), the travel price may be increased by the corresponding, pro rata amount.

c) In the event of an increase in exchange rates in accordance with paragraph 1 letter c), the tour price may be increased to the extent that the tour has become more expensive for SMG as a result

4.4 SMG is obliged to grant the traveller a reduction in the travel price at his/her request if and insofar as the prices, charges or exchange rates referred to in paragraph 1 letters a) - c) have changed after conclusion of the contract and before the start of the trip and this results in lower costs for SMG. If the traveller has paid more than the amount owed hereunder, the additional amount shall be reimbursed by SMG.

However, SMG may deduct the administrative expenses actually incurred by SMG from the additional amount to be reimbursed. At the request of the traveller, SMG must provide evidence of the amount of administrative expenses incurred.

4.5 A price increase after conclusion of the contract can only be demanded by the traveller up to the 30th day before the agreed start of the trip. SMG shall inform the traveller of the price increase and its calculation on a durable medium.

4.6 If SMG is notified of a price increase of more than 8% of the total price after conclusion of the contract, this constitutes an offer by SMG to the traveller to amend the contract accordingly. In this case, SMG may require the traveller to either accept the offer to amend the contract within a reasonable period of time, declare their withdrawal from the contract or request participation in a replacement trip, provided that SMG has offered such a trip.

In the event that the traveller does not respond to SMG or does not respond within the notified period, the offer to amend the contract is deemed to have been accepted.

5 Withdrawal by the traveller(s) before the start of the trip/cancellation costs

5.1 The traveller may withdraw from the package travel contract at any time before the start of the trip. Cancellation must be declared to SMG. The traveller is advised to declare the withdrawal in text form on a durable medium. The date of receipt of the cancellation notice by SMG is decisive.

5.2 If the traveller withdraws before the start of the trip or does not start the trip, SMG shall lose its claim to the travel price. Instead, SMG may demand reasonable compensation if it is not responsible for the cancellation or if unavoidable, extraordinary circumstances occur at the destination or in its immediate vicinity which significantly impair the performance of the package tour or the transport of persons to the destination; circumstances are unavoidable and extraordinary if they are beyond the control of SMG and their consequences could not have been avoided even if all reasonable precautions had been taken.

5.3 SMG has determined the following compensation lump sums taking into account the period between the declaration of cancellation and the start of the trip as well as the expected savings in expenses and the expected income from other uses of the travel services. The compensation is calculated as follows according to the time of receipt of the declaration of cancellation with the respective cancellation scale:

For packages with accommodation in hotels, inns, guesthouses

- up to 30 days before departure: 0 %
- from the 29th to the 22nd day before departure: 25 %
- from the 21st to the 15th day before departure: 60 %
- from the 14th to the 7th day before departure: 80 %
- from the 6th day before departure: 90 %

For packages with accommodation in holiday flats or private accommodation

- up to the 45th day before departure: 0%
- up to the 35th day before departure: 60%
- from the 34th day before departure: 90%

For package deals without overnight stay

- up to 30 days before departure: 0%
- from the 29th to the 15th day before departure: 25%
- from the 14th to the 7th day before departure: 60%
- from the 6th day before departure: 90%

Tickets cannot be exchanged or returned.

5.4 In any case, the traveller is at liberty to prove to SMG that SMG has suffered no loss at all or a significantly lower loss than the flat-rate compensation demanded by SMG.

5.5 SMG reserves the right to demand higher, specific compensation instead of the above lump sums if SMG can prove that SMG has incurred significantly higher expenses than the applicable lump sum. In this case, SMG is obliged to quantify and substantiate the compensation claimed, taking into account the expenses saved and any other use of the travel services.

5.6 If SMG is obliged to refund the travel price as a result of a cancellation, this must be paid immediately, and in any case within 14 days of receipt of the declaration of cancellation.

5.7 The statutory right of the traveller to demand from SMG, in accordance with § 651 e BGB (German Civil Code), that a third party assumes the rights and obligations arising from the package travel contract instead of the traveller, remains unaffected by the above conditions. Such a declaration is in any case timely if it is received by SMG 7 days before the start of the holiday.

5.8 The conclusion of travel cancellation insurance and insurance to cover repatriation costs in the event of accident or illness is strongly recommended.

6 Rebooking

6.1 The traveller is not entitled to make changes to the travel date, the destination, the place of departure, the accommodation, the type of catering, the mode of transport or other services (rebooking) after conclusion of the contract. A rebooking is possible once up to 30 days before the start of the trip in the event that the desired change to the service can be made available in accordance with SMG's programme. For rebookings, a one-off processing fee of € 45.00 per traveller/travellers is due in addition to the possibly changed travel price and any additional costs that SMG can prove due to the change, unless the rebooking is necessary because SMG has provided no, insufficient or incorrect pre-contractual information to the traveller/travellers in accordance with Art. 250 § 3 EGBGB.

Rebooking requests that only incur minor costs are not affected by this.

6.2 Rebooking requests made by the traveller after the deadlines have expired can only be carried out, if at all possible, after withdrawal from the package travel contract in accordance with § 5 on the conditions and simultaneous re-registration.

7 Cancellation due to failure to reach the number of participants

7.1 If a minimum number of participants is not reached, SMG may cancel the contract in accordance with the following provisions:

a) The minimum number of participants and the latest date of receipt of the declaration of cancellation from SMG by the traveller must be stated in the respective pre-contractual information

b) SMG must state the minimum number of participants and the latest cancellation deadline in the travel confirmation

c) SMG is obliged to declare the cancellation of the trip to the traveller immediately if it is certain that the trip will not be carried out due to the minimum number of participants not being reached.

d) Cancellation by SMG later than

aa) 20 days before the start of the trip if the trip lasts longer than six days,

bb) seven days before the start of the tour if the duration of the tour is at least two and no more than six days,

cc) 48 hours before the start of the trip if the trip lasts less than two days is not permitted.

7.2 If SMG cancels the package travel contract in accordance with § 7 Para. 1 d), the traveller will be refunded any payments made towards the travel price in accordance with § 5 Para. 6 of these GTC.

8 Cancellation by SMG

8.1 If the traveller fails to pay the travel price in full or in part despite being granted a reasonable grace period, SMG may withdraw from the package travel contract and also demand compensation in accordance with Section 5(3) of these GTC.

SMG may also cancel the travel contract without notice after the start of the trip for good cause. Good cause shall be deemed to exist in particular if the traveller persistently disrupts the trip despite a warning from SMG or behaves contrary to the contract to such an extent that the further participation of the traveller is unreasonable for SMG or the other tour participants. SMG does not need to issue a warning if the traveller disrupts the trip in a particularly gross manner, e.g. by committing criminal offences against SMG employees or other guests.

8.2 If SMG cancels the package travel contract, SMG shall retain its claim to the travel price, less any expenses saved and benefits from any other utilisation of the travel service. Any further claims for damages remain unaffected

9 Obligations of the traveller

9.1 Travel documents

The traveller must inform SMG, through whom he/she has booked the package tour, if he/she does not receive the necessary travel documents (e.g. train ticket, hotel voucher) within the period communicated by SMG. If the traveller fails to inform SMG in this way, this behaviour may be counted as contributory negligence on the part of the traveller if SMG could assume that the travel documents were sent in good time.

9.2 Notification of defects / request for remedy

a) If the trip is not provided free of travel deficiencies, the traveller may demand redress.

b) If SMG is unable to remedy the situation due to a culpable omission of the notification of defects, the traveller may neither assert claims for a reduction in price in accordance with Section 651m BGB nor claims for damages in accordance with Section 651n BGB

c) The traveller is obliged to immediately inform the SMG representative on site of his/her notification of defects. If an SMG representative is not available on site and is not contractually obliged, any travel defects must be reported to SMG at the SMG contact point provided; the availability of the SMG representative or his/her contact point on site will be stated in the travel confirmation.

d) The SMG representative is authorised to take remedial action if possible. However, he/she is not authorised to recognise claims.

9.3 Setting a deadline before cancellation

If the traveller wishes to terminate the package travel contract due to a travel defect of the type specified in Section 651i (2) BGB, insofar as it is significant, in accordance with Section 651l BGB, he/she must first set SMG a reasonable deadline for remedial action. This shall only not apply if SMG refuses to provide a remedy or if immediate remedy is necessary.

10 Limitation of liability

SMG shall not be liable for impossibility of performance or for disruptions to performance insofar as these are caused by force majeure or other events unforeseeable at the time of conclusion of the contract (e.g. corona-related operational disruptions of all kinds, difficulties in procurement, transport delays, strikes, lack of labour, difficulties in obtaining necessary official permits, official measures or the failure to provide, incorrect or untimely provision by third-party services) for which SMG is not responsible.

If SMG can successfully invoke this clause, SMG is released from its obligation to fulfil its contractual obligations and from any liability for damages or any other contractual remedy for breach of contract from the time at which the impediment has made the provision of the service impossible, provided that this is communicated to the traveller without delay.

If the duration of the impediment invoked has the effect of substantially depriving the parties of what they could legitimately expect under the contract, either party shall have the right to terminate the contract by giving notice to the other party within a reasonable time. Unless otherwise agreed, the parties expressly agree that the contract may be terminated by either party if the duration of the impediment exceeds 60 days.

If SMG is in default with a performance under the contract or if a performance becomes impossible for whatever reason, SMG's liability for damages is limited in accordance with § 10 point 1.1 of these GTC.

SMG's contractual liability for damages is excluded, irrespective of the legal grounds, unless otherwise stipulated in the following sections a) to c).

a) SMG shall be liable without limitation within the scope of the statutory provisions for damages resulting from injury to life, limb or health caused by wilful intent or negligence on the part of SMG or its legal representatives.

b) SMG is liable without limitation for other damage caused by intent on the part of SMG or its legal representatives. For other damage caused by negligence on the part of SMG or its legal representatives or vicarious agents, SMG's liability is limited to three times the price of the holiday.

c) SMG's liability for consequential damages and other financial losses is excluded.

Claims under the Montreal Convention or the Air Traffic Act remain unaffected by this limitation of liability.

11 Assertion of claims, addressee

Claims due to non-contractual provision of the services from the package travel contract by SMG (§651 i Para. 3, No. 2, 4-7 BGB) must be asserted by the traveller exclusively against Stadtmarketing Halle (Saale) GmbH, Marketplace 13, 06108 Halle (Saale). Assertion in text form is recommended.

Employees of the service providers or the tour management are neither authorised to accept claims nor to acknowledge claims on behalf of SMG.

12 Alternative dispute resolution, choice of law and place of jurisdiction

12.1 With regard to the Consumer Dispute Resolution Act, SMG points out that SMG does not participate in voluntary consumer dispute resolution. If consumer dispute resolution becomes mandatory for SMG after the printing of these Terms and Conditions of Travel, SMG will inform consumers of this in an appropriate form. SMG refers to the European online dispute resolution platform ec.europa.eu/consumers/odr/ for all travel contracts concluded in electronic legal transactions.

12.2 For travellers who are not nationals of a member state of the European Union or Swiss citizens, the exclusive application of German law is agreed for the entire legal and contractual relationship between the traveller and SMG. Such travellers may sue SMG exclusively at its registered office.

12.3 For legal action brought by SMG against travellers or contractual partners of the package travel contract who are merchants, legal entities under public or private law or persons who have their domicile or usual place of residence abroad, or whose domicile or usual place of residence is unknown at the time the action is brought, the place of jurisdiction is agreed to be the registered office of SMG.

13 Data protection

The use of travellers' data provided to SMG for the fulfilment of the contract is in accordance with the provisions of the General Data Protection Regulation (EU GDPR). Travellers' data will only be passed on if and insofar as this is necessary for the execution of the package travel contract or due to mandatory legal regulations or official measures.

The complete privacy policy of Stadtmarketing Halle (Saale) GmbH can be found at: https: //verliebtinhalle.de/wir-ueber-uns/datenschutz. Please read our privacy policy.

 

Voucher conditions of Stadtmarketing Halle (Saale) GmbH are available for download.

 

General Terms and Conditions of Stadtmarketing Halle (Saale) GmbH for the use of the online offers and the online shop

1. validity

These General Terms and Conditions apply to all purchase contracts concluded in the seller's online shop.

2. contractual partner

The seller and therefore your contractual partner is

Stadtmarketing Halle (Saale) GmbH
represented by the Managing Director
Marktplace 13, Marktschlösschen
06108 Halle (Saale)
Tel.: 0345 122 79-0
Fax: 0345 122 79-22
E-mail: info@stadtmarketing-halle.de
Internet: www.stadtmarketing-halle.de

3. order, conclusion of the purchase contract

With your order via the order form provided in the online shop, you submit a binding offer to the seller (Section 2 of the General Terms and Conditions) to conclude a purchase contract.
This offer is accepted by the seller by means of a confirmation by e-mail and leads to the conclusion of the purchase contract.

4 Prices, value added tax

The prices shown at the time of the order shall apply. The prices quoted include the applicable German statutory value added tax and other price components.

5. dispatch, shipping costs

Goods in stock will be processed ready for despatch within 1 - 2 working days. If the goods are not in stock, the seller will endeavour (Section 2 of the General Terms and Conditions) to deliver the goods as quickly as possible. If the ordered product is no longer available despite all reasonable efforts by the seller, you will be informed immediately and any purchase price already paid will be refunded without delay.
The obligation to deliver does not apply if the seller itself is not supplied or not supplied on time and is not responsible for the lack of availability of the goods. The obligation to deliver is also cancelled if a (timely) delivery is not possible due to force majeure or strikes. The seller will inform you immediately if the goods are not available.
A flat-rate shipping fee of 3.95 euros (uninsured shipping) will be charged for shipping to the external service provider we commission for you. For insured shipping up to 3.5 kg, a flat-rate shipping fee of €6.99 will be charged.
Shipping is only possible within Germany. Shipping to countries within the EU is only possible if this has been expressly agreed with the seller after your enquiry, whereby the agreement must also relate to the shipping costs to be charged in individual cases.

6. payment

The purchase price and the flat-rate shipping costs are to be paid to the seller by prepayment, PayPal, invoice or credit card - depending on the agreement.
You will receive all necessary payment information with the seller's confirmation (Section 3 of these General Terms and Conditions).
If advance payment has been agreed, payment is due immediately after conclusion of the contract. Please transfer the amount due, stating the respective order number and the keyword "Online account", to the seller's account specified in the confirmation.
The goods will be dispatched immediately after receipt of the amount due.
In the case of payment by credit card, the relevant terms and conditions of the respective credit card institution shall also apply. In individual cases, the vendor (Section 2 of the General Terms and Conditions) reserves the right, in order to secure the credit risk, to deliver the order only after receipt of the customer's payment if the customer's creditworthiness gives reason to do so.
If the customer is in arrears with payment, the seller (Section 2 of the General Terms and Conditions) shall be entitled to demand interest on arrears and compensation for damages within the framework of the statutory provisions.

7 Retention of title

The goods remain the property of the seller until full payment has been made.

8 Warranty

In the event of defects in the goods, the statutory provisions on warranty (right of liability for defects) shall apply.

9. return of the goods when exercising the right of cancellation

If you make use of your right of cancellation (see cancellation policy), you must bear the direct costs of returning the goods to the seller.
This does not apply if the goods delivered do not correspond to the goods ordered.

10. data protection

The Stadtmarketing Halle (Saale) GmbH website can generally be visited without registration. The following data is stored each time the website is accessed: Name of the website accessed, file, date/time, input values transmitted (e.g. search terms), amount of data transferred, notification of successful retrieval, browser type/version, operating system, previously visited page and IP address. This collected data is only used for statistical purposes and to improve our offer.
The personal data collected on the Stadtmarketing Halle (Saale) GmbH website is processed and used by us exclusively for processing your order and for customer service purposes in accordance with the statutory provisions of the Federal Data Protection Act (BDSG). Personal data are individual details about personal or factual circumstances of a specific or identifiable natural person, e.g. name, e-mail address, telephone number, preferences. The e-mail address is used to confirm orders, to provide information about comparable products and services of Stadtmarketing Halle (Saale) GmbH and to optimise customer relations in line with requirements. If you do not wish the latter, you can prohibit this use at any time by sending an e-mail to info@stadtmarketing-halle.de without incurring any costs other than the transmission costs according to the respective basic tariffs.
You can object to the collection, processing and use of your data for customer service purposes at any time in writing or electronically by e-mail. Data for billing and accounting purposes are not affected by a cancellation/revocation or deletion.

Your personal data will not be transferred to third parties unless we are legally obliged to do so or you have given us your prior consent. Insofar as we utilise third parties as service providers for the implementation and handling of processing procedures, the contractual relationships are regulated in accordance with the provisions of the Federal Data Protection Act.

We secure our website and other systems against loss, destruction, access, modification and dissemination of your data by unauthorised persons to the extent necessary and reasonable by means of technical and organisational measures. Your data is transmitted online in encrypted form.

This privacy policy also applies to our presence on the social networks Facebook and Instagram.

Note on the use of Google Analytics on this website
This website uses Google Analytics, a web analytics service provided by Google Inc ("Google"). Google Analytics uses "cookies", which are text files placed on your computer, to help the website analyse how users use the site. The information generated by the cookie about your use of this website is usually transferred to a Google server in the USA and stored there. However, if IP anonymisation is activated on this website, your IP address will first be truncated by Google within member states of the European Union or in other signatory states to the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be transmitted to a Google server in the USA and truncated there. On behalf of the operator of this website, Google will use this information to analyse your use of the website, to compile reports on website activity and to provide other services relating to website activity and internet usage to the website operator. The IP address transmitted by your browser as part of Google Analytics will not be merged with other Google data. You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of this website. You can also prevent Google from collecting the data generated by the cookie and relating to your use of the website (including your IP address) and from processing this data by Google by downloading and installing the browser plug-in available at the following link[http://tools.google.com/dlpage/gaoptout?hl=de]."

You can prevent the collection of data by Google Analytics by clicking on the following link. An opt-out cookie will be set to prevent the future collection of your data when you visit this website: Deactivate Google Analytics.

You can find more information on terms of use and data protection at http://www.google.com/analytics/terms/de.html or at https://www.google.de/intl/de/policies/

11. applicable law

The entire contractual relationship between you and the seller shall be governed exclusively by the law of the Federal Republic of Germany to the exclusion of German private international law and to the exclusion of international uniform law, in particular the UN Convention on Contracts for the International Sale of Goods (CISG).
The contract language is German.

12. alternative dispute resolution

The European Commission provides a platform for online dispute resolution (OS), which you can find at http://ec.europa.eu/consumers/odr. This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved. The seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.

Cancellation policy

Right of cancellation
You have the right to cancel this contract within 14 days without giving any reason.
This cancellation period is 14 days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the goods. If you have ordered several goods as part of a single order, the cancellation period begins on the day on which you or a third party named by you, who is not the carrier, took possession of the last goods. To exercise your right of cancellation, you must inform Stadtmarketing Halle (Saale) GmbH, Marktplace 13, 06108 Halle (Saale), info@stadtmarketing-halle.de, telephone 0345 122790, fax 0345 1227922 by means of a clear statement (e.g. a letter sent by post, fax or e-mail) of your decision to cancel this contract. You can use the attached sample cancellation form, but this is not mandatory.
To meet the deadline, it is sufficient for you to send your communication concerning your exercise of the right of cancellation before the cancellation period has expired. The cancellation period begins after receipt of this instruction in text form, but not before receipt of the goods by the recipient (in the case of recurring deliveries of similar goods, not before receipt of the first partial delivery). To meet the cancellation deadline, it is sufficient to send notification of the exercise of the right of cancellation or the goods before the cancellation period has expired.

Consequences of cancellation
If you cancel this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to cancel this contract.For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this repayment.
We may withhold reimbursement until we have received the goods back or until you have supplied evidence of having sent back the goods, whichever is the earliest.

You must return or hand over the goods to us [Stadtmarketing Halle (Saale) GmbH, Marktplace 13, 06108 Halle (Saale)] immediately and in any case within 14 days at the latest from the day on which you inform us of the cancellation of this contract. The deadline is met if you dispatch the goods before the 14-day period has expired. You shall bear the direct costs of returning the goods.

You shall only be liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods. If you are unable to return the goods received in whole or in part or only in a deteriorated condition, you must compensate us for the loss in value. This does not apply to the surrender of goods if the deterioration of the goods is exclusively due to their inspection - as would have been possible for you in a shop, for example. In addition, you can avoid the obligation to pay compensation for any deterioration caused by the intended use of the item by not using the item as if it were your property and refraining from doing anything that could impair its value. You do not have to pay compensation for any deterioration caused by the intended use of the item.

 

 

 

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