General Terms and Conditions

1. Preamble

These are the general terms and conditions for booking guided tours conducted by YOURGUIDEINMAINZ. Hereinafter, whenever the “tour guide” is mentioned, the masculine grammatical form is used for reasons of readability. It is understood that female tour guides are also included.

2. Subject matter of the contract

The subject matter of this contract is the guiding of visitors on walking tours, vehicle tours, or other guided programs, such as guided city tours, museum visits, exhibitions, or church visits (hereinafter referred to as guided tours). The guided-tour contract is concluded exclusively between the tour guide and the visitors. The tour guide offers the tours under their own responsibility and does not act subject to instructions. The tour guide is free to accept or reject assignments.
If the booking of a guided tour is arranged through an agency or another third party, that party acts exclusively as a contractual intermediary. This does not prevent the agency from taking over parts of contract management and complaint handling.

3. Booking

Visitors may send their booking requests directly by email to info@yourguideinmainz.com. Booking is also possible by telephone or WhatsApp at 00491781753090. Written and in-person booking requests may be addressed to Cristina Lopez, Abraham-Lincoln-Str. 2, 55122 Mainz.
By confirming the booking request, the visitor declares their agreement with these general terms and conditions. In the case of a booking request made by telephone, the tour guide or the intermediary agency will send the visitor, before confirming the booking, confirmation of receipt of the request containing these general terms and conditions to the address provided by the visitor. A booking for any of the guided tours is considered binding under these general terms and conditions as soon as the tour guide or the agency confirms it by letter, email, fax, or telephone.
The visitor may conclude the contract as an individual or on behalf of a group. In the latter case, the visitor placing the order is the representative of the group and the tour guide’s contact person, and must provide a means of communication through which information can be sent or received.

4. Conduct of the guided tour

The tour guide is responsible for the guided tour and independently determines its content, location, and route. As the organizer, the tour guide is responsible for the careful preparation of the guided tour, the accuracy of the service description, and the proper provision of the contractually agreed service.
Within the scope of their duty of care in their area of responsibility, the tour guide is obliged to take all possible and reasonable measures to ensure that the guided tour is conducted properly and without disruption.

5. Exceeding the number of participants

The maximum number of participants in a guided tour is 25 people. No additional people will be admitted per booking and guided tour unless the tour guide decides otherwise at their reasonable discretion, taking into account the specific circumstances of the tour and the interests of the visitors. If some visitors are unable to attend, they are entitled to allow other people to take part in the guided tour booked by them.
If this number of participants is exceeded by people belonging to the group’s environment and brought by the group to the guided tour, the tour guide is entitled, notwithstanding the higher number of participants, to conduct the tour, exclude those persons, or divide the group into two and guide each of the resulting groups for half of the agreed time. The decision lies with the tour guide according to reasonable discretion, taking into account the relevant characteristics of the tour and the interests of the group.
If the group refuses to accept the tour guide’s decision, the tour guide is entitled not to conduct the guided tour.
The full amount remains payable in any case. If more than 25 people are admitted, the price will increase for each additional person by the amount of an individual ticket for a public tour (currently 15 euros).
Paragraphs (1) to (4) do not apply to bus tours in which the tour guide conducts the tour exclusively by microphone on a bus provided by the group.

6. Remuneration

Payment for guided tours by the client is generally made before the start of the tour at the agreed starting point. The visitor designated as the tour guide’s contact person must hand over the full amount to the guide. Delays caused by the guide collecting the agreed remuneration will be deducted from the duration of the guided tour.
If, at the visitor’s request, the tour guide agrees to extend the guided tour, the guide’s fee entitlement will be calculated according to the waiting time plus the additional tour time. This also applies in the event of the visitor’s delay.
The prices stated by the tour guide are gross prices and, in accordance with the applicable price indication regulations, are addressed to private consumers (see Annex 1). After payment, the client will receive a properly issued invoice or a receipt for the amount received.

7. Cancellation by the client

The client is entitled to cancel any guided tour before it begins without giving reasons (contractual right of withdrawal). The cancellation of a booked guided tour by the client must be declared in writing (letter, email, or fax).
In the event of cancellation of a guided tour by the client or non-appearance, the tour guide may choose to calculate and invoice the specific damages incurred or to apply the following cancellation fees:
- Up to the 4th day before the guided tour: no cancellation fee
- From the 3rd day before the guided tour: 100% of the booking amount
- In the event of no-show, cancellation after the agreed start time of the guided tour, or interruption of the tour by the client: 100% of the booking amount.

The cancellation fees will be offset against any claim for damages by the tour guide. The client may prove with regard to these fees that no damage occurred or that the damage was lower.

In the event of the client’s delay, the full booking amount remains payable. The same applies in the event of the client’s non-appearance or an unsuccessful waiting period of 30 minutes. After those 30 minutes have elapsed, the tour guide is entitled to leave the agreed meeting point and cancel the guided tour with full reimbursement of costs.
Otherwise, the withdrawal requirements set out in the German Civil Code (BGB) for the existence of a statutory right of withdrawal shall apply.

8. Cancellation and interruption of the guided tour by the tour guide

The tour guide is entitled to cancel a booked guided tour before it begins,
if a required and announced minimum number of participants is not reached, where applicable,
in the event of force majeure or weather conditions that endanger the conduct of the guided tour,
in the event of the tour guide’s sudden illness.

The tour guide will inform the client or the group’s contact person of this without delay.

In that case, the price of the guided tour will not be charged. Any amounts already paid will be refunded in full.

If a guided tour has to be interrupted during its conduct for unforeseeable reasons, for example due to force majeure, accident, or weather conditions, the client will receive the portion of the amount paid corresponding to the part of the tour that was not provided.
Without any obligation to refund all or part of the tour price, the tour guide may cancel or interrupt the tour if a client, despite having been warned, persistently disrupts its conduct or commits a breach of contract of such seriousness that immediate termination of the contract is justified.
Otherwise, the withdrawal requirements set out in the German Civil Code (BGB) for the existence of a statutory right of withdrawal shall apply.

9. Complaints

Complaints by a client concerning defects in the contractual service must be addressed exclusively to the contact person mentioned in section (3) Booking of these general terms and conditions.
In the case of a guided-tour contract concluded without the involvement of an agency, the complaint regarding defects must be made to the tour guide. If an agency has arranged the guided-tour contract, that agency will be the client’s sole contact for complaint handling. In that case, the agency represents the tour guide vis-à-vis the client.

10. Liability of the contracting parties

Mutual liability is limited to intent and gross negligence, provided this does not contradict the purpose of the contract, in particular where essential obligations of the contracting parties are rendered meaningless.

The limitation of liability to intent and gross negligence does not apply to damages arising from injury to life, body, or health that are due to a negligent breach by the user or an intentional or negligent breach by a legal representative or auxiliary person of the tour guide.
The tour guide is not liable for the traffic safety or usability of locations whose safety is outside their area of responsibility, even if they are visited as part of the guided tour (for example, visits to churches, museums, or exhibitions, journeys by train, tram, bus, or taxi, etc.), nor for other services expressly identified in the activity description as third-party services.

11. Miscellaneous

Ancillary agreements to this contract, as well as any amendments to it and any waiver of this written-form requirement, must be made in writing.
The invalidity of individual provisions shall not result in the invalidity of the remaining provisions or of the contract as a whole. The law shall apply in place of the invalid clause.

12. Data protection

The client agrees that the data provided for the performance of the agreed service may be stored in accordance with the German Federal Data Protection Act. These data may also be used by the organizer for customer support. They will not be passed on to third parties within the meaning of that law.

13. Applicable law and place of jurisdiction

German law shall apply to the entire legal and contractual relationship. The provisions of this contract shall apply first and, subsidiarily, the statutory provisions on service or work contracts under the German Civil Code (BGB).
The place of performance and place of jurisdiction shall be Mainz, unless another exclusive place of jurisdiction exists.
The general terms and conditions and Annex 1 form an integral part of this contract.

Annex 1

Fee rates for guided tours

Duration	English
1 hour	110.00
1.5–2 hours	160.00
Each additional hour	55.00

Please note:

For one-hour guided tours, the tour takes place at one location only:

Cathedral OR Gutenberg Museum OR old town OR St. Stephen’s.

Cancellation table

Day of the tour	Free cancellation until midnight	The client must pay 100% of the booking amount from
Monday	Thursday	Friday
Tuesday	Friday	Saturday
Wednesday	Saturday	Sunday
Thursday	Sunday	Monday
Friday	Monday	Tuesday
Saturday	Tuesday	Wednesday
Sunday	Wednesday	Thursday