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1. General
Terms and Conditions (GTC)
from “The Hamburg Cruiser powered by Meck-PR”
Susanne and Frank Mechling GbR

These general terms and conditions apply to all business transactions between “Die Hamburg Cruiser – powered by Meck-PR” (Susanne and Frank Mechling GbR; hereinafter: agency) and the client. They apply even if no express reference is made to these terms and conditions.
Deviations from the general terms and conditions and contractual conditions must be in writing. This also applies to changes to the written form requirement. No additional agreements have been made to this contract; extensions or additions generally require the written form.

2. Offer, booking
Conclusion of contract
All agency prices in the price lists and other offers are final prices and include VAT. The agency’s offers are subject to change and non-binding. Within the urban area of ​​the Free and Hanseatic City of Hamburg, there is no extra charge for arrival and departure to the meeting point (hotel, etc.).

If cost increases occur before the order is executed, these will be communicated to the client within 2 weeks of becoming known so that the client’s ability to decide whether he wants to maintain this order or not is not limited.
Updates and changes to contractual agreements are determined in writing by both parties and become part of the contractual relationship between the agency and the client as an additional agreement.
In the event of obvious typographical, printing and calculation errors in the offer, order confirmation, contractual agreement or in the agency’s invoice, the agency is entitled to adjust the contract.

With his written booking, the client offers to conclude a binding contract. This order placement applies to group trips for all participants in the group and the claims arising from the booking. By booking, the client accepts the general terms and conditions. The booking becomes binding as soon as the ordered service is confirmed by the agency in writing, by email or by fax.

3. Payment
Payment for the agency’s service is made before the start of the trip in cash without any deductions or by bank transfer to the agency’s account, where the amount must be received at least 7 days before the service is provided. Other binding agreements can only be made by mutual agreement between the agency and the client. If invoicing is agreed in this way, the due date occurs upon receipt of the invoice. If the invoice amount is not received in the agency’s bank account within 7 days of receipt of the first reminder, the client will be in default. In case of default, interest of 6% will be charged. If a debt collection agency is commissioned if the client defaults, the client must bear the resulting costs. When accepting an order, the agency is entitled to demand up to 50% of the order value as a deposit.

4. Description of services and changes to services
The scope of the contractual services results from the service description in the offer or the agency’s order confirmation. Additional services require confirmation by the agency, by email, fax, verbally or in writing.
The loss of individual parts of the service does not entitle the contractual sum to be withheld or a partial deduction to be made if this is for reasons for which the agency is not responsible. If the agency is responsible for the loss of individual services, it has the right to replace these services with other, equivalent services. The agency is obliged to inform the client of this. If necessary, the agency will offer the client a free rebooking or a free cancellation.
Depending on circumstances for which the agency is not responsible (in particular traffic disruptions and weather-related circumstances), there may be deviations from the travel routes through Hamburg outlined by the agency in the offer and the contract agreement.

5. Behavior in the vehicle
Smoking is prohibited in the vehicle for the entire duration of the journey. The journey can be interrupted for smoking breaks upon agreement. You are also required to wear a seatbelt on all seats throughout the entire journey. The instructions of the agency employees must be followed.
If the client causes unusual dirt inside the vehicle, a cleaning fee of 200 euros will be due. Furthermore, a claim for damages arises if other orders cannot be carried out or accepted due to this exceptional contamination and the subsequent cleaning.

6. Withdrawal by the client (order cancellation)
The client can withdraw at any time before the start of the booked trip. The decisive factor is the receipt of the declaration of withdrawal by the agency. Withdrawal must be made in writing, by email or by fax. If the client withdraws from the contract or does not attend an agreed appointment without first withdrawing from the contract, the agency can demand appropriate compensation.
The flat-rate cancellation fee is up to:• 30 days before the service is provided: 40% of the order value• 14 days before the service is provided: 60% of the order value• 7 days before the service is provided: 80% of the order value• afterwards and if the client does not show up: 100% of the order value
In addition, any costs incurred by the agency through third-party services up to the cancellation of the order must be borne 100 percent by the client.

7. Withdrawal and termination by the agency
The agency can withdraw from the contract in the following cases:
• due to force majeure
• if the booked services cannot be carried out for safety reasons, for example due to weather conditions
• due to road closures, public events and street festivals • due to sudden illness of the assigned agency employee
• due to a sudden technical defect or an accident in an agency vehicle
• if the client or the participants in a group of the client permanently disrupts the execution of the trip – regardless of a warning – or if he behaves in breach of the contract to such an extent that the immediate cancellation of the contract is justified.
• if the client does not comply with the agreed contractual conditions.

8. Liability
As an entrepreneur, the agency is liable for the conscientious preparation of the booked services, the careful selection and monitoring of service providers, the accuracy of the service description and the proper provision of the contractually agreed service.
The agency is not liable for services that are provided as third-party services from other providers (e.g. hotel overnight stays, train or taxi rides, theater, museum or exhibition visits, restaurant visits, etc.) and others that are expressly marked as third-party services in the service description .

9. Obligation to cooperate
The client or the participants in a group of the client are obliged to cooperate in the event of service disruptions within the framework of the legal provisions and to avoid or minimize any damage. The client or the participants in a group of the client are particularly obliged to report complaints to the agency immediately.

10. Data Protection
The client agrees that the data provided for the processing of the agreed service will continue to be used by the agency for customer service. This data will not be passed on to third parties in accordance with the Federal Data Protection Act.

11. Place of performance, place of jurisdiction and applicable law
The place of performance for all contractual services is the agency’s headquarters.
In business transactions with merchants, legal entities under public law or special funds under public law, the place of jurisdiction for lawsuits – including bill of exchange and check lawsuits – is the agency’s registered office.
The mutual legal relationships are determined exclusively by German law.

12. Severability clause
If one of the aforementioned provisions is invalid, the validity of the remaining provisions remains unaffected. The contract or the general terms and conditions must then be interpreted in such a way that the mutual economic interests are achieved as far as possible in a legally permissible manner. The same applies to gaps in an agreement or the general terms and conditions that need to be filled in.

Hamburg, March 2024