1. Position of the IKUM and the tour guide; applicable legislation
1.1. The tour guide provides the advertised contractual services as a direct contractual partner of the guest or the client as an independent service provider. The IKUM is exclusively the broker of the contract between the guest or the client of the tour and the tour guide.
1.2. The IKUM is therefore not liable for services, deficiencies in performance, personal injury or property damage in connection with the tour. This does not apply if the tour is a contractually agreed service of a package tour or any other offer for which IKUM is the direct contractual partner of the guest or the client. Any liability of IKUM from the agency relationship remains unaffected.
1.3. The legal relationship between the tour guide and the guest or the client of the tour is primarily based on the agreements made with the tour guide or the IKUM as his representative, in addition to these mediation and contractual conditions, alternatively the statutory provisions on the service contract § § 611 ff. BGB application. The mediation relationship with IKUM is primarily based on the agreements made with IKUM, then the provisions on the mediation activity of IKUM in the present contractual conditions and, alternatively, the statutory provisions of Section 675 BGB on the provision of business against payment.
1.4. Unless otherwise stipulated for the benefit of the guest or the client in mandatory international or European law applicable to the contractual relationship with the tour guide or the mediation activity of the IKUM, the entire legal and contractual relationship with the tour guide and the
IKUM only applies German law.
2. Conclusion of contract, position of a group client
2.1. The following applies to all of the booking channels listed below:
2.2. If the booking is made by a third party designated as the "client" in these terms and conditions, i.e. an institution or a company (private group, adult education center, school class, association, tour operator, incentive or event agency, travel agency), this is the sole client and contract partner of IKUM within the framework of the agency contract or the tour guide within the framework of the service contract, unless he is expressly a legal representative according to the agreements made
the later participant occurs. In this case, the client receives the full
Obligation to pay the agreed remuneration or other contractual payment claims.
2.3. The booking person is responsible for all contractual obligations of other participants in the tour, for whom he is making the booking as their representative, as well as for his own contractual obligations, insofar as he has accepted such an obligation by express and separate declaration.
2.4. The following applies to bookings made orally, in writing, by telephone, fax or email:
a) With his booking, the guest or the client offers the respective tour guide, represented by IKUM as legal representative, to conclude a service contract on the basis of the description of services for the respective tour and these contractual terms and conditions, and at the same time issues it to IKUM
the corresponding placement order ..
b) The service contract for the tour comes about through the booking confirmation, which the IKUM undertakes as the tour guide's representative. It requires no specific form. As a rule, however, with the exception of very short-term bookings, the IKUM will send the guest or the client a written copy of the booking confirmation. In the case of binding telephone bookings, the legal validity of the contract is independent of receipt of the written copy of the booking confirmation and any agreed advance payment.
3. Services, reservation of substitution; deviating agreements; Change of essential services; Duration of tours; Weather conditions
3.1. The owed service of the tour guide consists of the implementation of the tour in accordance with the service description and the additional ...