Dear guests, the following contractual conditions regulate two things:
the legal relationship between OWT Oberhausener Wirtschafts- und Tourismusförderung GmbH – hereinafter referred to as “OWT” and you, hereinafter referred to as “guest”, or the client of the guided tour or tours (hereinafter referred to as “service”) in relation to the provision of the service offered,
the legal relationship between you and the tour guide or bus service provider arranged by OWT.
To the extent that they are legally valid, they will become part of the service contract that will be concluded between you and the tour guide or bus service provider when you make your booking. Please read these terms and conditions carefully.

1.) Position of the OWT
a) The OWT is exclusively an intermediary of the service contract between the guest or the client of the tour and the executing tour guide or the bus service provider.
b) OWT is therefore not liable for services, personal injuries or damage to property in connection with the service. Any liability of OWT arising from the agency relationship remains unaffected.
c) The above provisions in a) and b.) do not apply if the guided tours or tours are a contractually agreed service of a package tour or another type of offer in which OWT is the direct contractual partner of the guest or the client.

2.) Position of the service provider, applicable legal provisions
a) The legal relationship between the service provider and the guest or the client of the guided tour or tour is primarily governed by the agreements made with the tour guide or bus service provider, in addition to these terms and conditions of agency and contract, and alternatively by the statutory provisions on service contracts (Sections 611 et seq. of the German Civil Code).
b) Unless otherwise provided for in mandatory international or European law provisions applicable to the contractual relationship, the entire legal and contractual relationship with the service provider and OWT shall be subject exclusively to German law.

3.) Conclusion of contract, position of a group client
a) By making a booking, which can be made verbally, in writing, by fax, by email or via the Internet, the guest or client makes a binding offer to the respective service provider, represented by OWT as the legal representative, to conclude a service contract based on the service description for the respective guided tour or round trip and these contractual conditions.
b) If the booking is made by a third party referred to in these terms and conditions as a "group client", i.e. an institution or a company (private group, adult education centre, school class, club, tour operator, incentive or event agency, travel agency), this third party is the sole client and contractual partner of the OWT within the framework of the agency contract, or of the tour guide or bus service provider within the framework of the service contract, unless he is expressly designated as a legal representative of the later
participant. In this case, the group client is responsible for full payment of the agreed remuneration or any cancellation costs.
c) If it is expressly agreed that the group client makes the booking as the legal representative of the subsequent participants, he shall be directly personally liable for all obligations of the subsequent participants, insofar as he has assumed this obligation by means of an express and separate declaration.
d) The service contract for the guided tour or tour is concluded by the confirmation that OWT provides as the representative of the service provider. It does not require a specific form. As a rule, however, OWT will send the guest or client a written copy of the booking confirmation, except for very short-term bookings. 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.

4.) Services, right of substitution
a) The service owed by the tour guide or bus service provider consists of carrying out the guided tour or tour in accordance with the service description and the additional agreements made.
b) Unless otherwise expressly agreed, the guided tour or tour is not to be carried out by a specific tour guide or bus service provider. Rather, the selection of the respective service provider is the responsibility of OWT in accordance with the required qualifications.
c) Even if a specific person is named or expressly agreed upon as the tour guide or bus driver, the right remains to replace this person with another suitable and qualified tour guide or bus driver in the event of a compelling reason for absence (in particular due to illness).
d) The scope of the services owed is determined from the service description and the additional agreements made. Information and assurances from third parties (in particular travel agencies, accommodation providers, transport companies) regarding the scope of the contractual services that contradict the service description or the agreements made with OWT and/or the tour guide are not binding for OWT and the tour guide.
e) Changes or additions to the contractually advertised services require an express agreement with the OWT or the tour guide or bus service provider, for which written agreement is strongly recommended for reasons of proof; the change fee is € 5,00 per change.
f) Changes to essential services that deviate from the agreed content of the contract, that become necessary after the conclusion of the contract (in particular changes to the timing of the tour) and that were not brought about by the tour guide or bus service provider in bad faith, are permitted provided that the changes are not significant and do not affect the overall nature of the service.
g) Information on the duration of guided tours is approximate.

5.) Prices and payment
a) The agreed prices include the guided tour or tour and any additional advertised or agreed services.
b) The agreed prices are based on a group size of a maximum of 25 participants and are valid for the agreed or advertised tour time. If the number of participants exceeds 25 or the
If the tour time is extended with the consent of the participants or the group, an additional fee may be charged accordingly.
c) Entrance fees, meal costs, visitor's tax and tourism levies as well as transport costs with public and private means of transport, city maps, brochures, museum guides, costs of guided tours within the scope of the guided tours are only included in the agreed price if they are expressly listed under the guided tour services or are additionally agreed.
d) Unless otherwise agreed, particularly with regard to a deposit, the agreed fee is due for payment by bank transfer 14 days before the start of the event. Proof of payment must be presented to the tour guide on site on the day of the event by means of a payment receipt. Cash, checks or credit cards are not accepted. Payment with vouchers (authorization vouchers) is only possible if these are issued by the OWT and are valid for the respective tour. Vouchers issued by third parties are only valid if there is an express agreement with the OWT. A separate procedure can be agreed with regular customers.
e) If the tour guide or bus service provider is willing and able to provide the agreed services and no legal or contractual right of retention on the part of the guest or the client is established, there is no entitlement to the agreed services without full payment before the start of the tour or round trip.

6.) Non-use of services
If the guest or the client does not use the agreed services in whole or in part, without this being the fault of the tour guide or bus service provider or OWT, even though he is willing and able to provide the service, there is no entitlement to a refund of payments already made. The statutory provisions of Section 615 of the German Civil Code apply to the agreed remuneration.

7.) Termination and withdrawal by the guest or the client
a) The guest (or the client) can terminate the contract with OWT after conclusion of the contract up to the day before the agreed start of the service. Termination must be in writing.
b) If the tour guide was willing and able to provide the contractual services and the termination is not the responsibility of him or the OWT, the guest or the client is obliged to pay a flat-rate
Processing fee to be paid per registered group.

This amounts to:
– up to 7 working days before the event: 50% of the service fee
– 6 to 1 working day(s) before the event: 80% of the service fee
– on the day of the event: full payment for the service, less any reimbursed or non-incurred incidental costs, such as entrance fees

8.) Liability of the tour guide and the OWT
a) For the liability of TMO, reference is made to 1b.) of these conditions.
b) The service provider shall not be liable for damages other than physical injuries, unless
Damage was not caused intentionally or through gross negligence by the service provider.
c) The service provider shall not be liable for services, measures or omissions of catering establishments, facilities, operators of sights or other offers that are visited as part of the service, unless a culpable breach of duty by the service provider was the cause or a contributory cause of the damage.

9.) Insurance
a) The agreed contractual services only include insurance for the benefit of the guests or the client if this has been expressly agreed.
b) The guest or the client is expressly recommended to take out travel cancellation insurance.

10.) Tour and travel times, guest obligations
a) The guest or the group client is required to provide a mobile phone number when booking or in good time before the agreed date of the tour or round trip, at which they can be contacted in the event of extraordinary events. The OWT will usually also provide the guest or a named person with a corresponding mobile phone number of the tour guide or bus service provider.
b) Agreed times must be kept punctually. If the guest is late, he is obliged to inform the tour guide or bus service provider of this delay no later than the agreed start time of the service and to state the expected time of the late arrival. The tour guide or bus service provider can refuse a delayed start of the tour if the postponement is objectively impossible or unreasonable, in particular if it means that follow-up tours or other mandatory business or private appointments of the tour guide cannot be kept. Delays of more than 30 minutes generally entitle the tour guide or bus service provider to cancel the tour.
c) The guest or the representative of the group client is obliged to immediately report any deficiencies in the tour or tour and the agreed services to the tour guide or bus service provider and to demand redress. Any claims resulting from defective or incomplete services provided by the tour guide or bus service provider will only be valid if this complaint is not made through no fault of the guest's own.
d) The guest or the client is only entitled to cancel or terminate the tour or round trip after it has begun if the performance of the tour guide or bus service provider is significantly inadequate and these deficiencies are not remedied despite a corresponding complaint. In the event of an unjustified cancellation or termination, there is no entitlement to a refund.

11.) Limitation period
a) Contractual claims of the guest/client against the tour guide, the bus service provider or the OWT arising from injury to life, body or health, including contractual claims for compensation for pain and suffering, which are based on their negligent breach of duty or an intentional or negligent breach of duty by their legal representatives or vicarious agents, expire after three years. This also applies to claims for compensation for other damages which are based on a grossly negligent breach of duty by the service provider or the OWT or on an intentional or grossly negligent breach of duty by their legal representatives or vicarious agents.
b) All other contractual claims shall expire after one year.
c) The limitation period according to the above provisions begins at the end of the year in which the claim arose and the guest/client becomes aware of the circumstances giving rise to the claim and the service provider or OWT as debtor becomes aware of them or should have become aware of them without gross negligence.
d) If negotiations are pending between the guest and the service provider or the OWT regarding asserted claims or the circumstances giving rise to the claim, the limitation period is suspended until the guest or the service provider or the OWT refuses to continue negotiations. The aforementioned limitation period of one year begins at the earliest three months after the end of the suspension.

12.) Place of jurisdiction
a) If full payment to the service provider on site has been agreed, the place of performance and jurisdiction is the location of the guided tour or tour.
b) The guest or the client may only bring legal action against the service provider or the OWT at their general place of jurisdiction.
c) For claims brought by the service provider or the OWT against the guest or the client, the general place of jurisdiction of the guest or the client is decisive. If the client is a merchant or a legal entity under public or private law or if the guest or the client has no general place of jurisdiction in the country, the exclusive place of jurisdiction for claims brought by the service provider or the OWT is their place of residence or place of business.

The intermediary is:
OWT Oberhausen Economic and Tourism Promotion GmbH, Centroallee 269, 46047 Oberhausen Managing Director: Dr. Andreas Henseler, Telephone +49 (0)208 / 85036-0, Fax +49 (0)208 / 85036 – 31, Email: tourist-info@oberhausen.de