1 SUBJECT OF AGREEMENT Wiesbaden Congress & Marketing GmbH, hereinafter referred to as WICM, arranges accommodation on behalf of third parties. The following brokerage services apply exclusively to the brokerage of overnight accommodation.

2 CONCLUSION OF CONTRACT WICM shall only act as an intermediary. A contract is therefore concluded exclusively between the service provider (e.g. hotel, guesthouse) and the customer / guest. It provides its intermediary service on behalf of the service providers involved and is therefore not an organizer within the meaning of § 651a ff BGB.

3. ACCOMMODATION SERVICES

3.1 Booking
WICM offers rooms on behalf of the service providers via its reservation system. WIMA shall check whether the room has been ordered and confirmed or, if a written confirmation was no longer possible due to time constraints, has been made available. The conclusion of the accommodation contract obliges the contracting parties to fulfill the contract, regardless of the duration of the contract. The accommodation provider (hotelier) is obliged to make the reserved room(s) available for the booked period. Otherwise, he shall be liable to pay compensation to the guest. The guest is obliged to pay the agreed room price for the duration of the contract. Before the start of the trip, the booking documents must be checked to ensure that they match the data provided for the booking. WICM must be informed immediately of any obvious discrepancies.

3.2 Payment
The customer shall pay the fee for the room(s) booked by him/her at the booked accommodation establishment.

3.3 Arrival after 18.00 hours
The booked rooms shall be kept free by the accommodation provider until 6 p.m. on the day of arrival. The customer is obliged to inform the accommodation provider if arrival is expected to take place after 6 p.m. In the case of guaranteed bookings (indication of a credit card number), the booked rooms shall also be kept free beyond 6 p.m. until the guest's arrival.

3.4 Rebooking / Cancellation
Changes to the reservation of the accommodation or the person of the traveler are considered rebookings, which can be made for a fee of up to 15.00 euros. Rebookings that result in a shortened length of stay shall be deemed to be cancellations. If the contractual services are not used, the guest is obliged to pay the agreed or customary price, less the expenses saved by the accommodation provider. The accommodation provider is obliged in good faith to allocate unused rooms to other guests if possible in order to avoid cancellations. The accommodation provider is at liberty to demand further compensation from the guest for non-fulfillment in the case of a booking for several nights if it can be proven that the rooms that became vacant due to the cancellation could not be reallocated elsewhere.

4. LIABILITY
WICM is only liable for gross negligence and intent. We are not liable for travel defects caused by circumstances for which we are not responsible. Liability is excluded for processing errors, technical defects or failures that occur behind the interface of the travel agency or the service provider. WIMA shall not be liable for disruptions due to force majeure or strikes or transmission failures in the communication network.

5. NOTIFICATION OF CLAIMS
Claims due to non-contractual provision of services must be made immediately and exclusively to the respective accommodation provider. Claims shall become time-barred six months after the contractual commencement of travel.

6 GENERAL
The invalidity of individual provisions of the Terms and Conditions of Procurement shall not result in the invalidity of the Terms and Conditions of Procurement as a whole. All information is correct at the time of going to press (December 2010). All data is based on information provided by the accommodation providers themselves. No liability can be accepted for the correctness and completeness of the information provided. The number of accommodation establishments is subject to constant change. All prices are subject to change!

Place of jurisdiction is Wiesbaden

1. REGISTRATION, CONCLUSION OF THE TRAVEL CONTRACT, OBLIGATIONS OF THE TRAVELER

1.1 The following shall apply to all booking channels:
a) The basis of WICM's offer and the traveler's booking shall be the travel advertisement and WIMA's supplementary information for the respective trip, insofar as these are available to the traveler at the time of booking.
b) Travel agents and booking offices are not authorized by WIMA to make agreements, provide information or give assurances that alter the agreed content of the travel contract, go beyond the travel advertisement or the contractually agreed services of WICM or contradict them.
c) Information in hotel guides and similar directories that are not published by WIMA shall not be binding for WICM and its obligation to perform, unless they have been made part of WIMA's obligation to perform by express agreement with the traveler.
d) If the content of WICM's travel confirmation differs from the content of the booking, this shall constitute a new offer from WICM to which WICM shall be bound for a period of 10 days. The contract shall be concluded on the basis of this new offer insofar as WICM has drawn attention to the change with regard to the new offer and has fulfilled its pre-contractual information obligations and the traveler declares acceptance to the tour operator by means of an express declaration within the binding period. In addition to an express declaration, this can also be made conclusively by means of a deposit, payment of the balance or commencement of the trip.
e) The pre-contractual information provided by the tour operator on the essential characteristics of the travel services, the travel price and all additional costs, the payment arrangements, the minimum number of participants and the cancellation fees (in accordance with Article 250 § 3 No. 1, 3 to 5 and 7 EGBGB) shall only not become part of the package travel contract if this has been expressly agreed between the parties.
f) The traveler is liable for all contractual obligations of fellow travelers for whom he makes the booking, as for his own, insofar as he has assumed a corresponding obligation by express and separate declaration.

1.2 The following applies to bookings (travel registrations) made verbally, by telephone, in writing, by e-mail or fax:
a) With the booking, the traveler makes a binding offer to WICM to conclude the package travel contract. The traveler shall be bound by the booking for 3 working days.
b) The contract shall come into effect upon receipt of the travel confirmation (declaration of acceptance) by WICM. Upon or immediately after conclusion of the contract, WICM shall send the traveler a travel confirmation on a durable medium (which enables the traveler to store or save the declaration unchanged in such a way that it is accessible to him within a reasonable period of time, e.g. on paper or by email), unless the traveler is entitled to a travel confirmation in paper form pursuant to Art. 250 § 6 (1) sentence 2 EGBGB because the contract was concluded in the simultaneous physical presence of both parties or outside business premises.

1.3 WICM points out that according to the statutory provisions (Sections 312 para. 7, 312g para. 2 sentence 1 no. 9 BGB), there is no right of withdrawal for package travel contracts pursuant to § 651a and § 651c BGB that were concluded by distance selling (letters, catalogs, 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 pursuant to § 651h BGB (see also Section 4). However, there is a right of withdrawal 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 withdrawal.

2. PERFORMANCES
WICM's obligation to perform arises exclusively from the content of the travel confirmation in conjunction with the underlying description of the respective package offer and in accordance with all information and explanations contained in the booking basis.

3. PAYMENT OF THE TRAVEL PRICE

3.1 WICM and travel agents may only demand or accept payment of the travel price before the end of the package tour if an effective customer money protection contract is in place and the traveler has been given the security certificate with the name and contact details of the customer money insurer in a clear, comprehensible and prominent manner. After conclusion of the contract, the tour price is due 4 weeks before the start of the tour in return for the security certificate, unless otherwise agreed in the booking confirmation / invoice. For bookings made less than 4 weeks before the start of the tour, the entire tour price is due for payment immediately. For mediated tickets ordered by the traveler upon conclusion of the contract, the entire ticket price is due immediately.

3.2 Notwithstanding the provisions in section 3.1, the provision of a security certificate is not required as a prerequisite for the due date for payment if the package offer does not include transportation to the place where the package travel services are provided and/or back and, notwithstanding section 3.1, it is agreed and noted in the travel confirmation that the entire travel price is due for payment without prior down payment after the end of the package travel at the end of the stay.

3.3 If the traveler fails to make the down payment and/or the final payment in accordance with the agreed payment due dates, even though WICM is willing and able to provide the contractual services properly, has fulfilled its statutory information obligations and the traveler has no statutory or contractual right of retention, WICM shall be entitled to withdraw from the package travel contract after sending a reminder setting a deadline and to charge the traveler cancellation costs in accordance with Clause 4.

4. WITHDRAWAL BY THE TRAVELER / REBOOKING

4.1 The traveler may withdraw from the package travel contract at any time before the start of the trip. The withdrawal must be declared to WICM at the address given below; if the trip was booked through a travel agent, the withdrawal may also be declared to the travel agent. The traveler is advised to declare the withdrawal in text form. The effective date is the date of receipt of the declaration of withdrawal by WICM.

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

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

a) From the 27th to the 21st day before the start of the tour, 20% of the tour price,
b) from the 20th to the 12th day before the start of the tour 40% of the tour price,
c) from the 11th to the 3rd day before the start of the tour 60% of the tour price,
d) from the 2nd day before the start of the trip and in the event of non-arrival 90% of the travel price.

4.4 It is strongly recommended that travelers take out travel cancellation insurance and insurance to cover repatriation costs in the event of accident or illness.

4.5 The traveler shall in any case be at liberty to prove to WICM that WICM has suffered no loss at all or a significantly lower loss than the flat-rate compensation demanded by WICM.

4.6 WICM reserves the right to claim higher, specific compensation instead of the above lump sums if WICM proves that WICM has incurred significantly higher expenses than the applicable lump sum. In this case, WICM shall be obliged to quantify and substantiate the compensation claimed, taking into account the expenses saved and any other use of the travel services.

4.7 If the tour operator is obliged to reimburse the tour price as a result of a withdrawal, it must do so immediately, and in any case within 14 days of receipt of the declaration of withdrawal.

4.8 The statutory right of the traveler to demand from the tour operator, in accordance with Section 651 e BGB, that a third party assumes the rights and obligations arising from the package travel contract instead of the traveler, by means of a notification on a durable medium, remains unaffected by the above conditions. Such a declaration is in any case timely if it is received by the tour operator 7 days before the start of the tour.

4.9 If, at the request of the traveler, changes are made to the travel date, accommodation, type of catering or other services (rebookings) after conclusion of the contract, WICM may charge a rebooking fee of € 25 per person up to the 31st day before the start of the trip, without the traveler having a legal claim to the rebooking and only insofar as this is possible at all. Later rebookings are only possible by withdrawing from the travel contract and rebooking in accordance with the above withdrawal conditions. This does not apply to rebooking requests that only incur minor costs or if the rebooking is necessary because WICM has provided no, insufficient or incorrect pre-contractual information to the traveler in accordance with Art. 250 § 3 EC-BGB.

4.10 Any tickets ordered and purchased by WICM cannot be taken back, as WICM's contractual partners exclude the possibility of tickets being taken back. WIMA shall charge the corresponding expenses as agreed. If the traveler is not a natural person concluding the contract outside of a commercial or independent professional activity (consumer), the customer shall bear the shipping risk for any tickets sent.

5. OBLIGATIONS OF THE TRAVELER

5.1 Travel documents: The customer shall inform WICM or the travel agent through whom he has booked the package tour if he does not receive the necessary travel documents (e.g. hotel voucher, voucher) within the period communicated by WIMA.

5.2 Notification of defects / request for remedy:
a) If the trip is not provided free of travel defects, the traveler may demand redress.
b) If WICM is unable to remedy the situation as a result of a culpable failure to report defects, the traveler may not assert claims for a reduction in price pursuant to Section 651m BGB or claims for damages pursuant to Section 651n BGB.
c) The traveler shall be obliged to notify WICM's representative on site immediately of any defects. If WICM does not have a representative on site and is not contractually obliged to do so, any travel defects must be reported to WICM at the contact point provided by WICM; information on the availability of WICM's representative or its contact point on site shall be provided in the travel confirmation. However, the traveler may also bring the notification of defects to the attention of the travel agent through whom he booked the package tour.
d) WICM's representative shall be instructed to take remedial action if this is possible. However, it is not authorized to acknowledge claims. 5.3 Setting a deadline before termination: If the traveler 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 must first set WICM a reasonable deadline for remedial action. This shall only not apply if WICM refuses to remedy the situation or if immediate remedy is necessary.

6. RESERVATION OF RIGHT TO CANCEL WITH A MINIMUM NUMBER OF PARTICIPANTS

6.1 If a minimum number of participants specified in the invitation to tender or in the other content of the travel contract is not reached, WICM may withdraw from the travel contract no later than the 21st day before the start of the trip.

6.2 In this case, the Customer may request participation in another trip advertised by WICM, provided that WICM is in a position to provide this at no extra cost. This right must be asserted to WICM immediately after the declaration of withdrawal by WICM.

6.3 The minimum number of participants stipulated for the trip shall also apply to additionally bookable excursions.

7. TERMINATION DUE TO SPECIAL CIRCUMSTANCES

7.1 If the trip is made considerably more difficult, endangered or impaired by force majeure that was not foreseeable when the contract was concluded, both the traveler and WICM may terminate the travel contract for travel contracts concluded before 1.7.2018. The mutual rights and obligations in the event of such termination shall be governed by the statutory provisions applicable up to and including 30.6.2018.

7.2 WICM may terminate the travel contract at any time before the start of the trip and during the trip for any other good cause in accordance with the statutory provisions (under German law § 314 BGB). An important reason may exist in particular if the traveler disrupts or endangers the course of the trip in the long term and this is not remedied or cannot be remedied even after a warning.

7.3 Termination of the travel contract by WICM may also be declared by the tour guide and/or local representative; they are authorized to do so by WICM.

8. LIMITATION OF LIABILITY

8.1 WICM's contractual liability for damages which do not result from injury to life, limb or health and which were not culpably caused shall be limited to three times the travel price.

8.2 WICM shall not be liable for service disruptions, personal injury and damage to property in connection with services that are merely arranged as third-party services (e.g. arranged excursions, sporting events, theater visits, exhibitions) if these services are expressly and clearly identified as third-party services in the travel description and travel confirmation, stating the identity and address of the arranged contractual partner, so that the traveler can recognize that they are not part of WIMA's package tour and were selected separately. Sections 651b, 651c, 651w and 651y BGB shall remain unaffected by this.

8.3 WICM shall, however, be liable if and to the extent that WIMA's breach of its duty to provide information, clarification or organization has caused damage to the traveler.

8.4 Insofar as services such as medical services, therapy services, massages or other curative treatments or services are not part of WICM's package tour and are merely arranged by WICM in addition to the package booked in accordance with Clause 7.2, WICM shall not be liable for the provision of services or for personal injury or damage to property. Liability arising from the agency relationship shall remain unaffected by this. Insofar as such services are part of the travel services, WICM shall not be liable for the success of the treatment or cure.

9. UNUSED SERVICES

9.1 If the traveler does not make use of individual travel services due to premature return, illness or other reasons for which WICM is not responsible, the traveler shall not be entitled to a pro rata refund.

9.2 However, WICM shall endeavor to obtain a refund from the service providers, unless the amounts involved are very small, and shall repay the corresponding amounts to the traveler as soon as and to the extent that they have actually been refunded to WICM by the individual service providers.

10 LIMITATION

10.1 Contractual claims of the traveler for non-contractual provision of travel services pursuant to Sections 651 c to 651 f BGB shall become time-barred after two years.

10.2 The limitation period according to clause 10.1 begins on the day on which the trip should end according to the contract.

11. CHOICE OF LAW AND PLACE OF JURISDICTION

11.1 For travelers 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 traveler and WICM. Such travelers may sue WIMA exclusively at its registered office.

11.2 For legal actions brought by WICM against travelers or contracting parties to the travel contract who are merchants, legal entities under public or private law or persons who have their domicile or habitual residence abroad, or whose domicile or habitual residence is unknown at the time the action is brought, the place of jurisdiction shall be the registered office of WICM.

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

Valid for all bookings from 01.07.2018

Dear Guests,

The following terms and conditions govern

• on the one hand, the legal relationship between Wiesbaden Marketing GmbH, P.O. Box 6050, 65050 Wiesbaden—hereinafter abbreviated as “WICM”—and you, hereinafter referred to as “the Guest” or the client commissioning the guided tour, with respect to the arrangement of the offered tours,
• and, on the other hand, the legal relationship between you and the tour guide arranged by WICM. To the extent they are legally binding, these terms and conditions form part of the service contract that is concluded between you and the tour guide upon your booking. Please therefore read these terms and conditions carefully.

1. ROLE OF WICM

1.1. WICM acts solely as an intermediary in the contract between the Guest or the party commissioning the guided tour and the tour guide providing the service.

1.2. WICM is therefore not liable for services, personal injury, or property damage in connection with the tour. Any liability of WICM arising from the intermediary relationship remains unaffected by this provision.

2. ROLE OF THE TOUR GUIDE; APPLICABLE LAWS

2.1. The legal relationship between the tour guide and the guest or the client commissioning the tour is governed primarily by the agreements made with the tour guide, supplemented by these terms and conditions of mediation and contract, and, in the alternative, by the statutory provisions governing employment contracts (Sections 611 et seq. of the German Civil Code (BGB)).

2.2. Unless otherwise provided for in mandatory international or European legal provisions applicable to the contractual relationship, German law shall apply exclusively to the entire legal and contractual relationship with the tour guide and WICM.

3. CONCLUSION OF THE CONTRACT, STATUS AS A GROUP CLIENT

3.1. Upon making a booking—which may be done in writing, orally, by telephone, by fax, by email, or via the Internet, the guest or the client makes a binding offer to the respective tour guide—represented by WICM as an intermediary—to enter into a service contract based on the service description for the respective tour and these contractual terms.

3.2. In the case of an electronic booking, WICM shall immediately confirm receipt of the booking to the guest or the client electronically. This acknowledgment of receipt does not constitute a booking confirmation and does not establish a right to the formation of a contract with a tour guide.

3.3. The service contract for the guided tour is concluded upon confirmation by WICM, acting as the tour guide’s intermediary. This confirmation does not require any specific form. As a general rule, however—except in the case of very last-minute bookings—WICM will provide the guest or the client with a written copy of the booking confirmation. In the case of binding telephone bookings, the legal validity of the contract is independent of the receipt of the written copy of the booking confirmation and any agreed-upon advance payment.

3.4. For bookings made by travel agencies, tour operators, agencies, companies, associations, adult education centers, schools, school classes, or other groups, the respective institution is the sole client and thus the contractual partner of WICM under the brokerage agreement and of the tour guide under the service agreement, provided that, according to the agreements made, the institution does not expressly act solely as a representative of the subsequent participants.

3.5. If the booking institution is to be regarded as the sole client, it is obligated to pay the fee or any cancellation fees. If it is expressly agreed that the client is making the booking solely as the legal representative of the future participants, the client shall be directly and personally liable for all obligations of the future participants, provided that the client has assumed this liability through an express and separate declaration.

4. SERVICES, RESERVATION OF THE RIGHT TO SUBSTITUTION OR CHANGE

4.1. The service to be provided by the tour guide consists of conducting the guided tour in accordance with the service description and any additional agreements made.

4.2. For city tours that take place exclusively or partially on foot, the maximum number of participants per tour guide is 25 people.

4.3. Information and representations provided by third parties—in particular by travel agencies, accommodation providers, and transportation companies—regarding the scope of contractual services that contradict the service description or the agreements made with WICM and/or the tour guide are not binding on WIMA and the tour guide.

4.4. Unless otherwise expressly agreed, there is no obligation for a specific tour guide to conduct the tour. Rather, the selection of the respective tour guide is at the discretion of WICM, based on the required qualifications.

4.5. Even if a specific tour guide is named or expressly agreed upon, WICM reserves the right to replace that guide with another suitable and qualified tour guide in the event of a compelling reason for the guide’s inability to perform (in particular due to illness).

4.6. Any changes or additions to the services specified in the contract require an express agreement with WICM, as the tour guide’s agent, or with the tour guide directly. For evidentiary purposes, such agreements regarding changes must be made in writing at least 2 business days before the tour begins.

4.7. Deviations from the contractually agreed-upon services are permitted to the extent that they become necessary after the contract is concluded due to circumstances that were not caused in bad faith by either the tour guide or WICM, do not constitute a significant change, and do not impair the overall structure of the tour. This applies in particular to changes in the timing of the tour.

4.8. Information regarding the duration of tours is approximate.

5. PRICES AND PAYMENT

5.1. The agreed-upon prices include the guided tour and any additional services advertised or agreed upon. The prices include the statutory value-added tax.

5.2. Meal costs, transportation costs for public or private transit, admission fees, visitor’s tax, tourism fees, city maps, brochures, museum guides, and costs for guided tours within the attractions visited as part of the guided tour are only included in the agreed-upon price if they are expressly listed in the service description as part of the guided tour or have been agreed upon separately. They must be paid in cash.

5.3. Unless otherwise agreed—in particular with regard to a down payment or subsequent payment upon invoicing—the agreed-upon fee is due in cash upon completion of the guided tour. Checks or credit cards are not accepted. Payment with vouchers (certificates of entitlement) is only possible if they are issued by WIMA and are valid for the respective tour. Vouchers issued by third parties are valid only if expressly agreed upon with WICM.

5.4. Provided that the tour guide is willing and able to provide the agreed-upon services and no statutory or contractual right of retention on the part of the guest or the client (in the case of groups or institutions) exists, there is no entitlement to the agreed-upon services without full payment prior to the start of the tour.

6. FAILURE TO UTILIZE SERVICES

6.1. If the guest or the client (in the case of groups or institutions) does not make use of the agreed-upon services, in whole or in part, through no fault of the tour guide or WICM, and even though the tour guide is willing and able to provide the services, there is no entitlement to a refund of payments already made.

6.2. The statutory provision (§ 615, sentences 1 and 2 of the German Civil Code (BGB)) applies to the agreed-upon compensation:
a) The agreed-upon compensation is payable without any entitlement to rescheduling the guided tour.
b) However, the tour guide is entitled to have any expenses saved as a result of the fee offset, as well as any compensation he receives or maliciously fails to receive by using the agreed-upon services for other purposes.

7. CANCELLATION BY THE GUEST OR THE CLIENT

7.1. The guest or the client may cancel the order free of charge up to five business days before the agreed-upon date. The notice of cancellation must be submitted in writing via email to gruppenwicmde during WICM’s business hours (Monday through Thursday from 8:30 a.m. to 4:30 p.m., Friday from 8:30 a.m. to 3:00 p.m.). (Phone 0611 / 1729703, Fax 0611 / 1729799; Monday through Friday, 8:30 a.m. to 5:00 p.m. without interruption.)

7.2. In the event of a later cancellation up to one day before the event, 50% of the invoice amount is due; on the day of the event, the agreed fee is due in full. The provision in Section 6.2 applies accordingly.

8. Liability of the Tour Guide and WICM

8.1. For WICM’s liability, please refer to Section 1.2 of these Terms and Conditions.

8.2. The tour guide’s liability for damages other than bodily injury is excluded, unless such damage was caused intentionally or through gross negligence by the tour guide or a legal representative or agent of the tour guide.

8.3. The tour guide is not liable for services, actions, or omissions on the part of food and beverage establishments, facilities, operators of attractions, or other providers visited during the tour, unless the damage was caused or contributed to by a culpable breach of duty on the part of the tour guide.

9. INSURANCE

9.1. The agreed-upon contractual services include insurance coverage for the benefit of the guest or the client (in the case of groups or institutions) only if this has been expressly agreed upon.

9.2. The guest or the client is expressly advised to purchase travel cancellation insurance.

10. TOUR TIMES, OBLIGATIONS OF THE GUEST

10.1. The guest or the client (in the case of groups or institutions) is required to provide a cell phone number at the time of booking or in a timely manner prior to the agreed-upon tour date, so that they can be contacted in the event of extraordinary circumstances.

10.2. Agreed tour times must be strictly adhered to. If the guest is running late, they are obligated to notify the tour guide of this delay no later than the agreed-upon start time of the tour and to specify the estimated time of their delayed arrival. The tour guide may refuse to delay the start of the tour if the postponement is objectively impossible or unreasonable, particularly if it would prevent the tour guide from meeting the start times of subsequent tours or other mandatory business or personal appointments. Delays of more than 60 minutes generally entitle the tour guide to cancel the tour.

10.3. In the event of a delayed start to the tour, the tour guide’s fee will be calculated from the agreed-upon start time of the tour at the agreed-upon or generally applicable rates, provided the delay is not the fault of the tour guide.

10.4. The guest or the client (in the case of groups or institutions) is obligated to immediately notify the tour guide of any deficiencies in the tour or the agreed-upon services and to demand corrective action. Any claims arising from defective or incomplete services provided by the tour guide will not be waived unless such a complaint is not made through no fault of the guest or client.

10.5. The guest or the client (in the case of groups or institutions) is entitled to withdraw from the tour after it has begun only if the tour guide’s performance is significantly deficient and these deficiencies are not remedied despite a corresponding complaint. In the event of an unjustified withdrawal, the claim for compensation remains valid. Section 6.2 applies accordingly.

10.6. City tours may only be conducted in buses equipped with a functioning microphone and a tour guide seat. Otherwise, the tour guide is entitled to refuse the assignment while retaining the right to compensation (Section 6.2 applies accordingly).

11. STATUTE OF LIMITATIONS

11.1. Contractual claims of the guest or the client (in the case of groups or institutions) against the tour guide or WICM arising from injury to life, limb, or health resulting from an intentional or negligent breach of duty by the tour guide, WICM, or any of their legal representatives or agents shall be subject to a three-year statute of limitations. This also applies to claims for compensation for other damages resulting from an intentional or grossly negligent breach of duty by the tour guide, WICM, or any of their legal representatives or agents.

11.2. All other contractual claims are subject to a one-year statute of limitations.

11.3. The statute of limitations under Sections 11.1 and 11.2 begins at the end of the year in which the claim arose and the guest or client becomes aware of the circumstances giving rise to the claim and of the tour guide or WICM as the obligor, or should have become aware of them in the absence of gross negligence.

11.4. If negotiations are pending between the guest or client and the tour guide or WICM regarding asserted claims or the circumstances giving rise to the claim, the statute of limitations is suspended until the guest or client or the tour guide or WICM refuses to continue the negotiations. The statute of limitations shall commence no earlier than three months after the end of the suspension.

12. JURISDICTION

12.1. The guest or the client may file lawsuits against the tour guide or against WICM at WICM’s general place of jurisdiction. For WICM, this is its registered office in Wiesbaden.

12.2. For lawsuits brought by the tour guide or WICM against the guest or the client, the general place of jurisdiction of the guest or the client shall generally apply. If full payment on site to the tour guide has been agreed upon, the place of performance—and thus the specific venue for legal action against the guest or the client—is the location of the tour. If the client is a merchant or a legal entity under public law, or if the guest or client has no general place of jurisdiction within Germany, the exclusive place of jurisdiction for claims by the tour guide or WIMA shall be their place of residence or registered office.