General Terms and Conditions of Payment and Business for Services of the Kulturstiftung Ruhr
§ 1 Registration and booking / conclusion of contract
1.1 The booking of a guided tour must be made in text form to the Visitor Service of the Kulturstiftung Ruhr.
1.2 The following terms and conditions of business and payment apply to all services booked. Customer orders are subject exclusively to these terms and conditions. By booking the service, the customer has acknowledged and recognised the Terms and Conditions of Business and Payment of the Visitor Service of the Kulturstiftung Ruhr.
1.3 The customer is liable for compliance with the contractual obligations of the booking.
1.4 Order/booking confirmations are sent to the address provided by the customer at the customer's own risk. As a rule, confirmations are sent by e-mail.
§ 2 Services
2.1 The Kulturstiftung Ruhr organises group tours for a specific date or period. The maximum number of participants per booked group tour is 20 persons or, in the case of themed tours, 15 persons. Exceptions will be communicated separately.
2.2 Group tours are conducted by an authorised freelance tour guide of Villa Hügel after confirmation of the booking. The selection of the tour guide is the responsibility of the Villa Hügel visitor service.
2.3 The services of the group tour result exclusively from the content of the booking confirmation.
2.4 If the tour is cancelled due to the non-appearance of the tour guide and cannot be made up for on the same day, the tour fee is not payable. There is no entitlement to compensation.
2.5 Should it be impossible to carry out an agreed tour at short notice due to force majeure, the customer shall not be entitled to the tour. No fee is payable.
Force majeure is understood to mean an unforeseeable and uncontrollable external event that cannot be prevented even by the utmost care (e.g. earthquakes, pandemics/epidemics, floods, storms, fire and lightning strikes, wars, civil wars and revolutions).
§ 3 Payment
3.1 Payment for the services shall be made on the day of the tour at the cash desk in the main building of Villa Hügel in accordance with the content of the booking confirmation.
3.2 Payment can be made in cash, by EC card or credit card on the day of the visit on site. In justified exceptional cases, the Cultural Foundation will allow companies or institutions to pay by invoice.
§ 4 Cancellations
4.1 The customer may cancel the booked service. Cancellation must be made in writing. The cancellation will be confirmed by the Visitor Service of the Kulturstiftung Ruhr in text form (by email).
4.2 If the cancellation is made up to seven (7) working days before the day of the booked tour, no fee will be charged. The customer must provide proof of timely receipt of the cancellation. The deadline is the date of receipt of the cancellation notice by the Visitor Service of the Kulturstiftung Ruhr. In the event of cancellation within seven (7) working days, the full price of the tour will be charged. Only complete guided tours can be cancelled and not individual places; if the number of participants per guided tour is reduced, the agreed fee will remain the same.
4.3 In individual cases, guided tours can be cancelled by the Visitor Service of the Kulturstiftung Ruhr up to three working days before the tour; no fee will be charged. There is no entitlement to compensation.
§ 5 Delays - non-appearance
5.1 The right to a guided tour exists for the booked day and the booked period.
5.2 If the customer or individual participants in the group arrive at Villa Hügel late for the start of the tour but before the end of the scheduled tour period, there is no entitlement to the contractually agreed tour duration. The tour will be shortened by the amount of the delay. Such a shortening of the tour duration does not entitle the customer to a reduction in the fee. If the customer arrives after the end of the scheduled tour period, the tour guide is entitled to refuse to conduct the tour. In this case, too, the fee shall be due in full.
5.3 If the group does not turn up, the Kulturstiftung Ruhr will charge the full fee for the booked tour.
5.4 If the tour guide is late, the tour time will be extended by the amount of the delay. If the tour cannot be postponed beyond the agreed time frame for scheduling reasons of the group or the tour guide, the tour can be cancelled free of charge.
5.5 At the express request of the customer, the tour can be shortened but with payment of the full fee.
5.6 If the tour guide arrives late, the customer may agree to the appointment of another tour guide upon payment of the originally agreed fee.
§ 6 Liability
6.1 The Kulturstiftung Ruhr shall only be liable for intent and gross negligence. This does not affect the statutory liability for damages in the event of injury to life, limb or health. Liability is otherwise excluded.
6.2 In the case of guided tours for children and young people and school classes, the duty of supervision is generally incumbent on the accompanying carers and teachers during the entire stay on the premises and in the buildings.
§ 7 Data protection
7.1 The Kulturstiftung Ruhr processes personal customer data in compliance with the data protection provisions applicable to the contract. The data will be collected, processed and used in an automated process to the extent necessary for the contractual relationship. The customer authorises Kulturstiftung Ruhr to transfer this data to third parties commissioned with the execution of the contract, insofar as this is necessary for the fulfilment of the concluded contracts.
§ 8 Final clauses
8.1 Should individual provisions be or become invalid or ineffective, this shall not affect the validity of the remainder of the contract. The law of the Federal Republic of Germany shall apply exclusively. The sole place of fulfilment for delivery, performance and payment is Essen. The registered office of Kulturstiftung Ruhr and place of jurisdiction is Essen.
Status: December 2022