The General Terms and Conditions (GTC) for the different areas of the website are listed below:
General Terms and Conditions for the organization of trips, city tours and packages by Stadtmarketing Halle (Saale) GmbH (SMG)
Before you book your trip, please read these travel conditions carefully. Insofar as they are effectively included in the contract, they become the content of the contract concluded between you and Stadtmarketing Halle (Saale) GmbH, Marktplatz 13/Marktschlösschen, 06108 Halle (Saale), hereinafter referred to as “SMG”, in the event of a booking.
1. Conclusion of the contract
1.1 With the booking, which can only be made in writing, the guest/customer makes a binding offer to SMG to conclude a contract on the basis of the advertisement, all additional information in the booking basis and these General Terms and Conditions.
1.2 The contract is concluded with the booking confirmation from SMG to the guest/customer. Upon or immediately after the conclusion of the contract, the guest/customer will receive the written copy of the booking confirmation.
1.3 If the content of the booking confirmation differs from the content of the booking, a new offer is available from SMG, to which SMG is bound for 10 days if the deviation is only minor. If the deviation is not minor, the commitment period stated in the booking confirmation applies. The period of commitment begins when the guest/customer receives the new offer. In this case, the contract is concluded when the guest/customer accepts the changed offer. This can be done in writing, but also by making the down payment, the final payment or by starting the trip itself.
1.4 The booking person is liable for all obligations of booked travel participants from the travel contract, provided that they have accepted this obligation through an express, separate written declaration.
1.5 If SMG makes an offer, especially to groups, at the request of the guest/customer or the group, this constitutes a binding offer to conclude a contract with all group members. Deviating from the above regulations, in these cases the travel contract comes about through a declaration of acceptance by the guest/customer or
2. SMG's Performance Obligations
2.1 SMG's obligation to perform arises exclusively from SMG's booking confirmation or from the offer made by SMG.
2.2 Service providers (e.g. accommodation, catering businesses, transport companies, etc.) and travel agencies are not authorized by SMG to give assurances or to make agreements that
go beyond or contradict the travel description or the booking confirmation of SMG or an offer made by SMG
2.3 Hotel or house brochures or other third-party brochures that are not published by SMG are not binding for SMG unless there is an express agreement to this effect or explicit reference to them by SMG.
3. Deposit and final payment when booking a trip
3.1 Upon conclusion of the contract (receipt of the booking confirmation) and after a security certificate has been issued in accordance with Section 651k of the German Civil Code, the guest/customer must make a down payment that will be deducted from the travel price. It amounts to 10% of the travel price plus the stated amount of any tickets included in the travel services.
3.2 If it is certain that the trip can no longer be canceled for the reasons stated in Section 5 of these conditions and the security certificate has been handed over, the remaining payment is due 3 weeks before the start of the trip, unless another payment date has been agreed in the individual case. For bookings made less than 3 weeks before the start of the trip, the entire travel price is due for payment immediately.
3.3 The obligation to hand over a security certificate does not apply if
a) the journey lasts no longer than 24 hours, does not include an overnight stay and the travel price does not exceed €75.00 per person;
b) in deviation from Sections 3.1 and 3.2, the agreed travel services do not include transport to or from Halle (Saale) and it has been agreed that the entire travel price is only to be paid to SMG or the accommodation provider at the end of the travel/stay.
3.4 If SMG is willing and able to provide the contractual services and the traveler fails to make the down payment or final payment by the agreed due dates, or not in full, without the guest/customer having a contractual or statutory right of retention, SMG is entitled to Reminder with setting a deadline to withdraw from the contract and to charge the traveler with cancellation costs in accordance with Section 5 of these conditions.
4. Changes in Services
Changes and deviations from the agreed content of the travel contract, which become necessary after the conclusion of the contract and which were not brought about by SMG in bad faith, are permitted provided the changes are not significant and do not lead to a significant change in the travel service and do not affect the overall design of the booked trip. Any warranty claims remain unaffected insofar as the changed services are defective. SMG is obliged to explain the change in service to the guest/customer immediately after becoming aware of the reason for the change.
5. Withdrawal by the guest/customer and rebooking in a travel contract/contractual relationship
5.1 The guest/customer can withdraw from the travel contract at any time up to the start of the trip/service by means of a written declaration to SMG.
5.2 In each case of withdrawal by the guest/customer, SMG is entitled to the following flat-rate compensation, taking into account the usual expenses saved and the usual possible alternative use of the travel and services:
- up to 31 days before the start of the trip/benefits 15%
- up to 21 days before the start of the trip/benefits 25%
- up to 11 days before the start of the trip/service receipt 40%
- up to 6 days before the start of the trip/benefits 70%
in the event of cancellation on the day of arrival/day of service and non-arrival or non-use of the service/trip 90%.
The guest/customer is expressly permitted to prove that SMG suffered no damage or damage that was significantly lower than the aforementioned flat rate.
5.3 SMG reserves the right to charge higher compensation in individual cases than the flat rate resulting from Section 5.2, in accordance with the costs incurred, which must be specifically quantified and documented for the guest/customer.
5.4 Taking out travel cancellation insurance is strongly recommended!
5.5 If, at the request of the guest/customer, changes are made to the travel date, destination, accommodation or type of catering or catering business (rebooking) after booking the trip, SMG will charge a rebooking fee of € 25 up to 31 days before the start of the trip, - per change process. Rebooking requests that SMG receives after this period can only be carried out after cancellation of the travel contract under the above conditions and simultaneous re-registration, provided that it is possible to carry them out at all. This does not apply to insignificant rebooking requests that only cause minor costs.
6. Obligations and termination of the guest/customer in a travel contract
6.1 The guest/customer is obliged to report any defects to SMG immediately and to request remedial action.
6.2 Notifications of defects to the service provider, in particular to the accommodation provider, are not sufficient.
6.3 The guest's/customer's claims do not lapse if the guest/customer fails to make a complaint through no fault of his/her own.
6.4 If the trip is significantly impaired as a result of a defect, the guest/customer can terminate the contract. The same applies if the traveler cannot reasonably be expected to travel as a result of such a defect for an important reason that SMG can identify. Termination is only permissible if SMG has allowed a reasonable period set by the guest/customer to elapse without remedying the situation. It is not necessary to set a deadline if the remedy is impossible or is refused by SMG or if the immediate termination of the contract is justified by a special interest of the guest/customer.
6.5 The guest/customer must assert claims for non-contractual provision of travel services within one month after the contractually agreed end of the trip. The assertion can only be made after the end of the trip and only against SMG, in particular not against a service provider or a travel agent. Written assertion is strongly recommended.
7. Withdrawal by SMG in the case of a travel contract
7.1 If the travel description for the trip in question refers to a minimum number of participants, SMG can withdraw from the travel contract up to 3 weeks before the start of the trip if the advertised or officially specified minimum number of participants is not reached.
7.2 SMG is obliged to inform the guest/customer of this immediately after the occurrence of the condition for the non-execution of the trip and to forward the declaration of withdrawal to him/her without delay.
7.3 If, before the expiry of the period specified in Section 7.1, it becomes apparent that the trip will not be carried out, SMG is obliged to declare its withdrawal immediately.
7.4 In the event of withdrawal, the guest/customer will receive the travel price paid back immediately.
8. Limitation of Liability
8.1 The contractual liability of SMG for damages that are not bodily harm (injury to life, body, health) (including liability for the violation of pre-, ancillary or post-contractual obligations) is limited to three times the travel price in accordance with § 651 h para 1 BGB limited to the extent
a) damage to the guest/customer was not caused intentionally or through gross negligence, or
b) SMG is solely responsible for damage caused to the guest/customer due to the fault of a service provider.
8.2 SMG is not liable for disruptions to services in connection with services that it only arranges as third-party services (e.g. sporting events, concert tickets, theater visits, exhibitions, excursions, etc.), insofar as these services are either additionally arranged on site or in the booking confirmation and in specifically marked as external services in the specific service description in such a way that the guest/customer can see that they are not part of the services provided by SMG.
9. Statute of Limitations / Prohibition of Assignment
9.1 Claims by the guest/customer against SMG, for whatever legal reason - but with the exception of claims by the guest/customer in tort - expire after one year, starting on the day on which the trip should end according to the contract. If negotiations are pending between the guest/customer and SMG about asserted claims or the circumstances justifying the claim, the statute of limitations is suspended until the guest/customer or SMG refuses to continue the negotiations. The aforementioned limitation period of one year comes into effect 3 months after the end of the suspension at the earliest.
9.2 An assignment of claims of the guest/customer on the occasion of the trip, for whatever legal reason, to third parties, including spouses, is excluded. Likewise, their judicial assertion in their own name is excluded.
10. Jurisdiction / Applicable Law
10.1 In cases in which the guest/customer is a merchant, a legal entity under public law or a special fund under public law or in which the guest/customer does not have a general place of jurisdiction in Germany, the place of jurisdiction shall be exclusively - subject to a different exclusive place of jurisdiction Halle (Saale) agreed.
10.2 The law of the Federal Republic of Germany applies exclusively to the entire legal and contractual relationship between SMG and the guest/customer who does not have a general place of residence or place of business in Germany, to the exclusion of German international private law and to the exclusion of international uniform law.
Stadtmarketing Halle (Saale) GmbH voucher terms and conditions are available for download.
