I. General Terms and Conditions for the Public Program of KULTUROTHEK Frankfurt, Sabine Mannel, hereinafter referred to as KULTUROTHEK
II General Terms and Conditions for a Webshop
I.1. Subject of the General Event Terms and Conditions for Public Events (guided city tours, city tours, theater evenings, culinary evenings, illustrated lectures)
The KULTUROTHEK organizes public tours, which are regular events with a fixed program. Tickets for these events can usually be purchased in the KULTUROTHEK online store, by e-mail, by telephone and/or in the KULTUROTHEK store office.
I.2. Booking and conclusion of contract
By making a written booking, the contractual partner, hereinafter referred to as the customer, makes a binding offer to conclude a contract. By making a booking, the customer accepts the General Terms and Conditions. The booking becomes binding as soon as the ordered service has been confirmed by KULTUROTHEK by e-mail or the ticket has been paid for on site.
I.3. Payment
Payment for the service shall be made after an online booking by Paypal or direct debit without any deduction, unless other binding agreements have been made by mutual agreement between KULTUROTHEK and the customer.
I.4. Service changes and service description
The scope of the contractual services is set out in the service description in the offer or in the order confirmation by e-mail. Additional services require written confirmation from the KULTUROTHEK.
The omission of individual parts of the service does not entitle the customer to withhold or partially deduct the contractual amount, provided that the reasons are not attributable to KULTUROTHEK. If KULTUROTHEK is responsible for the discontinuation of individual services, it shall have the right to replace these services with other services of equal value. The KULTUROTHEK is obliged to inform the customer of this. If necessary, the KULTUROTHEK will offer the customer a free rebooking or a voucher to the value of the cancellation.
I.5. Withdrawal by the customer
I.5.1 Cancellations: Up to 7 days before the date of the event, participation can be canceled by the customer free of charge per person. It must be in writing. Decisive is the receipt of the declaration of withdrawal by the KULTUROTHEK at least 7 days before the date. All cancellations of events received after the 7-day deadline must be paid in full by the customer.
I.5.2 Rebookings: Firmly booked dates can be postponed free of charge. The receipt of the written rebooking declaration by the KULTUROTHEK at least 7 days before the date is decisive. All rebookings received after the 7-day deadline must be paid in full by the customer and can no longer be rebooked.
I.6. Withdrawal and termination of the KULTUROTHEK as entrepreneur
The entrepreneur may withdraw from the contract in the following cases:
1. due to force majeure.
2. due to road closures (e.g. for public events, street festivals, demonstrations, bomb disposal, etc.)
3. due to sudden illness of the city guide commissioned by the KULTUROTHEK to organize the event
4. if the customer or the participants of a group of the customer persistently disrupt the execution of the tour, regardless of a warning, or if the customer behaves contrary to the contract to such an extent that the immediate termination of the contract is justified.
5. if the customer does not comply with the agreed contractual conditions.
6. due to insufficient number of participants. In this case, the appointment can be canceled up to 48 hours before the start via e-mail or telephone.
The participation fee will be fully refunded to the customer (except in the event of termination of the contract in accordance with points 4 or 5).
I.7. Prices and services
The prices stated in the offer are final prices and include statutory VAT and all ancillary costs, unless otherwise stated with regard to ancillary costs. They apply per person.
I.8. Children
I.8.1. Participation
Children up to the age of 12 can take part in the classic guided tours free of charge, but are excluded from any catering services (services can be paid for separately). From their 12th birthday, children are liable to pay in any case. Please note that not all guided tours are suitable for children. Please enquire about the suitability of the respective tour before booking. Excluded from this regulation are the explicitly designated guided tours for children. The specified participation fee must be paid here.
I.8.2 Duty of supervision
The KULTUROTHEK city guide does not assume the duty of supervision for city tours with children and minors. This remains with the customer at all times.
I.9. Liability
KULTUROTHEK is liable as an entrepreneur for the conscientious preparation of the booked service, the careful selection and monitoring of the service providers, the accuracy of the service description and the proper provision of the contractually agreed service. The KULTUROTHEK is not liable for services that are arranged as third-party services of other providers (e.g. train, bus or cab rides, admission to paid facilities, restaurant visits, etc.) and others that are expressly marked as third-party services in the service description, nor for damages resulting from such third-party services.
KULTUROTHEK shall only be liable for damages that do not affect life, limb or health in the event of grossly negligent or intentional conduct on the part of its legal representatives or vicarious agents.
I.10. Data protection
You can find the privacy policy here.
I.11. Place of fulfillment and jurisdiction
The place of performance and sole place of jurisdiction is Frankfurt am Main.
I.12. Alternative dispute resolution pursuant to Art. 14 para. 1 ODR-VO and § 36 VSBG:
The European Commission provides a platform for online dispute resolution (OS), which can be found at https://ec.europa.eu/consumers/odr. We are not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration board.
II General Terms and Conditions for a Webshop
II.1. Scope of application
These General Terms and Conditions apply to all deliveries by KULTUROTHEK Frankfurtladen (hereinafter referred to as Frankfurtladen) to consumers. A consumer is any natural person who concludes a legal transaction for a purpose that cannot be attributed primarily to their commercial or independent professional activity.
II.2. Contractual partner
The purchase contract is concluded with Frankfurtladen, owner: Sabine Mannel, Markt 32, 60311 Frankfurt am Main, Germany
II.3. Conclusion of contract
The presentation of the products in the online store does not constitute a legally binding offer, but only an invitation to order.
By clicking on the button [Kaufen/kostenpflichtig bestellen] you place a binding order for the goods listed on the order page. Your purchase contract is concluded when we accept your order by sending you an order confirmation by e-mail immediately after receiving your order.
II.3. Right of withdrawal
If you are a consumer (i.e. a natural person who places the order for a purpose that cannot be attributed to your commercial or independent professional activity), you have a right of withdrawal in accordance with the statutory provisions.
If you as a consumer exercise your right of withdrawal in accordance with section 4.1, you must bear the regular costs of returning the goods.
In all other respects, the provisions set out in detail in the following apply to the right of withdrawal
II.4. Cancellation policy¹
II.4.1 Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the goods.
To exercise the right to cancel, you must inform us [KULTUROTHEK Frankfurtladen, Sabine Mannel, Markt 32, Tel. 069 – 281010, info@kulturothek.de] of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, fax or e-mail). You can also complete and submit an unambiguous declaration electronically on our website (info@kulturothek.de). If you make use of this option, we will send you a confirmation of receipt of such a revocation without delay (e.g. by e-mail).
To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the withdrawal period has expired.
II.4.2. Consequences of revocation
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this repayment. We may refuse to refund you until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earliest.
You must return or hand over the goods to us or to (insert the name and address of the person authorized by you to receive the goods) without delay and in any case within fourteen days at the latest from the day on which you inform us of the revocation of this contract. The deadline is met if you send the goods before the period of fourteen days has expired.
You bear the direct costs of returning the goods.
You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking their condition, properties and functionality.
– End of the withdrawal policy –
(¹ This withdrawal policy does not apply to the separate delivery of goods.)
II.5. Prices and shipping costs
The prices stated on the product pages include VAT and other price components.
In addition to the prices quoted, we charge postage and shipping for delivery within Germany per order. These costs will be communicated to you in advance in a separate e-mail and invoiced. The order will only be dispatched after payment of the value of the goods and the postage and shipping invoice. If you do not accept the postage and shipping invoice, you can collect the goods from us or make use of your right of withdrawal.
II.6. Delivery
Delivery is carried out by parcel delivery companies depending on the requirements of the goods.
The delivery time to the parcel delivery company is a maximum of 2 days from our side. We will inform you immediately by e-mail of any deviating delivery times. We accept no liability for the delivery time caused by the parcel delivery company.
II.7. Payment
Payment can be made either in advance or via Paypal.
If you choose to pay in advance, we will send you our bank details by e-mail in the order confirmation and deliver the goods after receipt of payment.
II.8. Retention of title
The goods remain our property until payment has been made in full.
II.9. Dispute resolution
The EU Commission has created an internet platform for the online settlement of disputes. The platform serves as a contact point for the out-of-court settlement of disputes concerning contractual obligations arising from online purchase contracts. Further information is available at the following link: http://ec.europa.eu/consumers/odr.
We are prepared to participate in a dispute resolution procedure before a consumer arbitration board to settle disputes with consumers. The competent consumer arbitration board is: Universalschlichtungsstelle des Bundes Zentrum für Schlichtung e.V., Straßburger Straße 8, 77694 Kehl am Rhein, www.verbraucher-schlichter.de. We will participate in a dispute resolution procedure before this body to resolve the aforementioned disputes.
