1. General Tourismus+Congress GmbH Frankfurt am Main ("TCF") sells tickets for touristic services through the online shop at http://www.frankfurt-tourismus.de (hereinafter the "Online Shop"). Tickets may also be ordered over the telephone and by E-Mail. TCF only acts as the operator of the respective touristic service if TCF is expressly named as such. Otherwise, the operator is the third party named as such.
By purchasing the ticket, contractual relations with regard to the customer's participation in the touristic service are established exclusively between the customer (the ticket holder) and the respective tour operator. These legal relationships are governed exclusively by the operator's own general terms and conditions.
- The city walking tours are subject to TCF's General Terms and Conditions for public tours. They are available at https://www.frankfurt-tourismus.de/Media/Alle-AGB-und-Bedingungen/Veranstaltungsbedingungen-Oeffentliche-Touren.
Where TCF is not expressly named on the ticket as the operator of the the touristic services, TCF sells the tickets as an agent on behalf of the respective operator.
The following General Terms and Conditions of sale shall apply exclusively to all business dealings between TCF and Online Shop customers, particularly as regards the delivery of tickets. TCF does not accept any deviating terms and conditions of the customer unless TCF expressly acknowledges them in writing.
2. Contracting party
The customer as ticket purchaser is contracting with
Tourismus+Congress GmbH Frankfurt am Main
60329 Frankfurt am Main
Phone: +49 (0) 69/24 74 55 - 400
registered in the commercial register held at the Local Court (Amtsgericht) of Frankfurt am Main under registration number HRB 40 156.
Managing director (authorised representative):
60329 Frankfurt am Main
3. Formation of contract
a) The presentation of the touristic services in the Online Shop does not constitute a legally binding offer by TCF to customers. Instead, it provides customers with a non-binding option to order the relevant tickets from TCF.
b) By clicking on "Confirm chargeable booking" or rather according to § 312j Abs. 2 BGB labeled button, the customer makes a legally binding offer to TCF to enter into a purchase agreement in respect of the tickets in the customer's shopping cart. Similarly, where a customer orders tickets over the telephone or by E-Mail, they make a legally binding offer to enter into a purchase agreement in respect of the relevant tickets. Such a binding offer can only be made if the customer has already accepted these General Terms and Conditions of sale. Customers may review and change their order at any time prior to submitting their order.
c) TCF will accept the customer's offer either by sending an order confirmation or by sending e-tickets (print@home) as of receipt of customer's order. A purchase agreement is formed by the acceptance oft the offer.
e) TCF will provide the customer with confirmation of the agreement on a durable medium (e.g. in an E-Mail) which reproduces the terms of the agreement. This shall occur within a reasonable time after the agreement is entered into, but not later than upon delivery of the goods.
All prices listed in the Online Shop and otherwise provided by TCF include VAT at the statutory rate.
Depending on the order method, payment may be made by credit card or by using PayPal.
a) Credit card payments
TCF will charge the relevant amount to the customer's credit card only upon sending the tickets. TCF has linked its payment system to a 3D secure authentication process. Therefore, when payments are made by credit card, an additional verification process established by the card-issuing bank is carried out. If you have any questions regarding the 3D secure system and the authentication process, please directly contact the bank that issued your card.
b) Payments via PayPal
TCF accepts payments via PayPal. PayPal payments are processed by PayPal (Europe) S.a.r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg.
When tickets are purchased using PayPal, they are sent to the customer without undue delay after PayPal has provided confirmation of the customer's payment. The payment is collected upon sending the tickets.
E-tickets (print@home) are sent with the order confirmation to the E-Mail address nominated by the customer.
The customer may only claim set-off on the basis of counter-claims legally established or counter-claims acknowledged or not contested by TCF. Furthermore, the customer may only exercise a right of retention if and to the extent that its counter-claim is based on the same contractual relationship.
8. Warranty (information regarding liability for defects)
The statutory provisions on warranties apply with the exception of the limitation of number 9.
9. Limitation of Liability
TCF's liability is unlimited in cases if it commits any wilful or grossly negligent breach of duty. Similarly, TCF's liability is unlimited if it commits any wilful or grossly negligent act or omission causing fatal or bodily injury or injury to health. Where property damage or pecuniary loss is caused by TCF's ordinary negligence, TCF shall only be liable if it has breached duties which must necessarily be fulfilled in order for the agreement to be performed at all, and where the customer is especially entitled to rely on the fulfilment of such duties ("material contractual obligations"), however TCF's liability is limited to damage or loss that was reasonably foreseeable at the time of entering into the contract.
a) Frankfurt Card, RheinMainCard, city tours: Rebooking/cancellation of tickets is excluded.
b) TCF city walking tours: Free rebooking/cancellation up to 24 hours before the start of the tour.
Rebookings and cancellations that reach us outside of the service hours (these are Monday to Friday from 9:00 a.m. to 5:00 p.m. except on public holidays) will be carried out on the next working day at the latest. Decisive for the execution of a free cancellation/rebooking is the timely receipt of the message 24 hours before the start of the tour.
11. Missing right right of revocation/types of contract without an option to revoke
Private end customers (consumers within the meaning of section 13 of the German Civil Code (Bürgerliches Gesetzbuch, "BGB")) generally have a statutory right to revoke contracts entered into through the Online Shop. However, this right of revocation does not apply to the following types of contract:
- agreements to provide services involving non-residential accommodation, the carriage of goods, vehicle hire, the delivery of food and drink and agreements to provide other services in connection with leisure activities that stipulate a specific date or period for the provision of the services (section 312g (2) sentence 1 no. 9 BGB), as long as travel services within the meaning of section 651a BGB are not involved.
This means that customers have no right of revocation where TCF provides or mediates transport services or services involving leisure activities, specifically tickets for tourist events. Therefore, every customer order for tickets is binding immediately after the order is confirmed by TCF, and obliges the customer to accept and pay for the ordered tickets without the opportunity of revocation.
For contracts, that are not affected by the regulation of section 312 g (2) sentence 1 no. 9 BGB, the following applies:
NOTICE REGARDING YOUR RIGHT OF WITHDRAWAL
Right of withdrawal
You have the right to withdraw this agreement within 14 days without specifying reasons.
The period to withdraw is 14 days from the date on which you or a third party nominated by you, but not the carrier,receives the travel confirmation..
In order to exercise your right of withdrawal, you must notify us (Tourismus+Congress GmbH Frankfurt am Main, Kaiserstraße 56, 60329 Frankfurt am Main, Germany; E-Mail: email@example.com; facsimile: +49 69 21 23 78 80) of your decision to revoke the agreement by means of an unequivocal statement (e.g. by letter sent by post, by fax or E-Mail). You may use the attached revocation form, which is, however, not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send your notice of withdrawal before the period to withdraw has expired.
Consequences of withdrawal
If you withdraw this agreement, we shall refund all payments received from you without undue delay, but in any event not later than 14 days from the date on which we received your notice of revocation. We will carry out such refund using the same method of payment as the method you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees in connection with such refund.
The consumer must provide compensation for the services rendered up to the point of revocation. This only applies insofar as the consumer has expressly requested the entrepreneur to start the service before the end of the cancellation period.
End of withdrawal notice
If you would like to withdraw the agreement, please complete this form and return it to us.
To: Tourismus+Congress GmbH Frankfurt am Main, Kaiserstraße 56, 60329 Frankfurt am Main, Germany
Fax: +49 (0) 69/24 74 55 - 499
I/we (*) hereby give notice of my/our (*) withdrawal of the agreement for the sale of the following goods (*)/the provision of the following service (*)
Ordered on (*)/received on (*): ____________________________________________
Name of consumer(s):_____________________________________________
Address of consumer(s):___________________________________________
Signature of consumer(s) (only for paper notices)
(*) Delete as applicable.
12. Data privacy
All personal data collected from the customer will be treated as confidential. The collection, processing and use of personal data will be subject to the provisions of the German Federal Data Protection Act (Bundesdatenschutzgesetz) and the German Telemedia Act (Telemediengesetz). Personal data will only be collected if the customer has voluntarily provided such data to TCF during the ordering process. TCF uses data provided without the customer's specific consent solely in order to fulfil and process the order. Once the purchase agreement has been completed and the purchase price has been paid in full, the data is blocked from further use and deleted upon the expiry of the periods prescribed by tax and commercial law, unless the customer has expressly consented to its further use.
For detailed information on data privacy please see https://www.frankfurt-tourismus.de/en/Footer/Datenschutzerklaerung
13. Governing law
The laws of the Federal Republic of Germany shall apply. The application of the UN Convention on Contracts for the International Sale of Goods (CISG) shall be excluded.
14. Ineffectiveness of individual provisions
The invalidity of individual provisions shall not result in the invalidity of the entire contract.