Gerneral Conditions

The following are the terms and conditions for the different areas of the site:

General terms and conditions for the organization of trips, city tours, and travel packages by Stadtmarketing Halle (Saale) GmbH (SMG)

Before you book your trip, please read these terms and conditions with regard to travel carefully. Provided they are effectively incorporated into the contract, these become part of the final transaction between you and Stadtmarketing Halle (Saale) GmbH, Marktplatz 13/Marktschlösschen, 06108 Halle (Saale), Germany (hereinafter abbreviated as "SMG”).

1. Finalization of the contract

1.1 With the booking, which can only be made in writing, the guest/client of SMG enters into a binding contract based on SMG’s advertising, the additional information in the booking catalogue and these general terms and conditions.

1.2 The contract is finalized when SMG confirms the booking with the guest/client. When or immediately after the contract is complete, the guest/client shall receive a written copy of the booking confirmation.

1.3 If the content of the booking confirmation deviates from the content of the original booking, this shall constitute a new offer by SMG to which, if the deviation is only minor, SMG shall be bound for ten days. If the deviation is not minor, the commitment period stated in the booking confirmation will apply. The commitment period begins upon receipt of the new offer by the guest/client. Once the guest/client accepts the amended offer, the contract is complete. The acceptance of the contract can either be stated in writing, or it can be indicated by payment of the deposit or remaining balance, or also by commencement of the trip.

1.4 The person booking the trip is liable for all obligations of the other travelers who are booked in the travel contract, provided that this person has assumed these obligations by means of a separate, express written statement.

1.5 With regard to groups in particular: if SMG submits an offer at the request of the guest/client or of the group, then this will be a binding offer to conclude a contract with all group members. Notwithstanding the preceding provisions, in these cases the travel contract is finalized when there is a declaration of acceptance by the guest/client or the group contractor (the applicant).

2. Contractual obligations of SMG


2.1 The contractual obligation of SMG derives exclusively from the booking confirmation by SMG or from the offer submitted by SMG.

2.2 Service providers (e.g. accommodation, food and drink, transportation facilities etc.) and travel agencies are not authorized by SMG to offer assurances or make agreements that go beyond what is described in SMG’s travel description, booking confirmation, or any other offer made by SMG, which provide a conflict.

2.3 Brochures from hotels or similar establishments, and other third-party publicity that is not issued by SMG, are not binding for SMG without an express agreement to this effect, or without explicit reference to these.

3. Deposit and outstanding balance when booking a trip


3.1 With the finalization of the contract (receipt of booking confirmation), and after a certificate of assurance has been issued, the guest/client needs to pay. In accordance with § 651k BGB [German law], a deposit will be deducted from the total cost of the trip. This amounts to 10% of the cost of the trip, plus the stipulated amount for event tickets which, if applicable, are included in the travel services.

3.2 The remaining balance is due three weeks prior to departure, insofar as it is established that the trip cannot be canceled based on item five of these terms and conditions, the certificate of assurance has been handed over to the client, provided that no other payment date has been agreed upon as part of a case by case basis. Bookings made less than three weeks before the departure date require full and immediate payment.


3.3 The obligation to provide an certificate of assurance does not apply if:
a) the trip is not longer than 24 hours, does not include an overnight stop, and the travel price does not exceed 75.00 Euro per person;
b) contrary to item 3.1 and 3.2, the agreed travel services do not include transport to or from Halle (Saale) and the agreement entails that the full price is to be paid to SMG or the accommodation provider at the end of the tour/stay.

3.4 If SMG is willing and able to provide the contractual services and the tour guest has not paid the deposit or final payment in its entirety within the agreed period, without the existence of a contractual or statutory right of retention by the guest/client, SMG shall, after issuing a reminder that includes a deadline, be entitled to withdraw from the contract and charge the travel guest a cancellation fee in accordance with clause five of these conditions.

4. Service modifications

Changes and deviations from the agreed contents of the travel contract that become necessary after finalizing the contract, which were not caused by SMG in bad faith are permitted if the changes are not significant, do not significantly change the travel service or affect the overall character of the booked trip. Possible warranty claim rights remain unaffected if the modified services prove defective. SMG is bound to explain the change in service to the guest/client immediately after becoming aware of the reason for the change.

5. Cancellation by the guest/client and changes in a travel contract/contractual relationship


5.1 The guest/client may cancel the travel/contract at any time by sending a written note to SMG.

5.2 In case of a cancellation by the guest/client, SMG is eligible for the following compensation, taking into account commonly saved expenses and commonly possible alternative utilization possibilities of the travel and/or services:

up to 31st day before start of trip and/or use of service 15%

up to 21st day before start of trip and/or use of service 25%

up to 11th day before start of trip and/or use of service 40%

up to 6th day before start of trip and/or use of service 70%

when canceled on day of arrival/day of performance of service and no-show or non-use of service and/or travel 90%.
The guest/client is expressly permitted to provide evidence that SMG has had no damage or loss of considerably lower value than aforementioned percentage.

5.3 SMG reserves the right, in individual cases, to charge a higher compensation than the percentage mentioned in clause 5.2, according to the concrete calculable costs incurred on behalf of guest/client.

5.4 A trip cancellation insurance is strongly recommended!

5.5 If at the request of the guest and/or client, after booking the trip, but up to 31 days before departure, changes are made to the travel date, the destination, the accommodation or the type of catering or the restaurant (rebooking), SMG will charge a rebooking fee of 25.00 euro per change. Rebookings received by SMG after this period, can, to the extent their implementation is possible, only be carried out after cancellation and simultaneous rebooking of the entire trip and/or the contract to the above conditions. This does not apply to minor rebooking requests that cause only minimal costs.

6. Obligations and cancellation by the guest and/or client in case there is a travel contract

6.1 The guest/client is obliged to immediately report any deficiencies to SMG and to demand compensation. 

6.2 Notices of deficiency to the service provider, in particular at the place of accommodation, are not sufficient.

6.3 Claims by guest/client only remain valid if the failure to notify a deficiency does not result from any responsibility by the guest/client.

6.4 If the trip is considerably affected by deficiencies, the guest/client may terminate the contract. The same applies if the trip cannot reasonably be taken as a consequence of such a deficiency because of a major reason that can be made obvious to SMG. The termination shall only be admissible if SMG allowed a reasonable deadline given by the guest/client to expire without offering a remedy. A deadline is not required in case a remedy is impossible or was refused by SMG or if the immediate termination of the contract is justified by a special interest of the guest/client.

6.5 The guest/client must make claims for provision of travel services that were not according to contract within one month after the contractually agreed end of the trip. Claims are only acceptable after the trip has ended and only towards SMG, but expressly not to a service provider or a travel agent. A written claim is strongly recommended.

7. Termination of a travel contract by SMG


7.1 If the advertised or officially required minimum number of participants is not reached, and provided that the requirement for a minimum number of participants was indicated in the travel advertisement, SMG may terminate the contract up to 3 weeks before commencement of the trip.

7.2 SMG is obliged to inform the guest/client without delay after the circumstances which prevent the trip have occurred and to forward the cancellation to them immediately.

7.3 If before the expiry of the time period specified in clause 7.1 it should become inevitable that the trip cannot take place, SMG has the obligation to cancel the trip immediately.

7.4 In case of cancellation the guest/client shall be refunded immediately.

8. Liability limitations

8.1 The contractual liability of SMG for damages other than personal injury (injury to life, limb or health) (included liability for the breach of secondary or pre- or post-contractual obligations) is limited to three times the price of the trip acc. § 651 h Abs. 1 BGB insofar as
a) damages to the guest and/or client were not brought about intentionally or through gross negligence or
b) SMG is responsible for damages incurred to the guest/client solely due to the fault of a service provider.

8.2 SMG is not liable for service deficiencies in connection with services which SMG merely arranged as external services (eg sporting events, concert tickets, theater visits, exhibitions, excursions, etc.), insofar as these services were arranged either on site or were expressly identified as third-party services in the booking confirmation and in the service description, making them distinguishable to the guest/client as being no part of the services provided by SMG.

9. Limitation / Non-assignability


9.1 Claims of the guest/client against SMG, regardless of the legal reason – but with the exception of claims of the guest/client concerning unlawful acts – shall expire after one year, beginning with the day on which according to the contract the trip is to end. Should negotiations on claims or the circumstances that gave rise to such claims be pending between the guest/client and SMG, limitation shall be supsended until the guest/client or SMG refuses continuation of said negotiations. Afore-mentioned limitation period of one year starts at the earliest 3 months after end of suspension.

9.2 The assignment of claims of the guest/client that arise from the trip to third parties, including spouses, regardless of the legal reason, is excluded. Legal assertion of claims in their own name is excluded as well.

10. Jurisdiction / Applicable Law

10.1 In cases where the guest/client is a merchant, legal entity under public law or a special fund under public law or in which the guest/client has no general jurisdiction in Germany, jurisdiction shall exclusively be Halle (Saale) - with the exception of cases that have a different exclusive jurisdiction.

10.2 Exclusively German law is applicable to the entire legal and contractual relationship between SMG and a guest/client who has no general residence or business in Germany, with the prohibition of German private international law and international unified law.

The conditions for vouchers are available for download.
 

General terms and conditions

1. Validity
These terms and conditions apply to all purchase agreements finalized in the online shop of the seller.

2.  Contractual party

The seller and therefore your contractual partner is
Stadtmarketing Halle (Saale) GmbH
represented by the administrator
Marktplatz 13, Marktschlösschen
06108 Halle (Saale)
Tel.: +49 0345 122 79-0
Fax: +49 0345 122 79-22
E-mail: info(at)stadtmarketing-halle.de
Internet: www.stadtmarkting-halle.de

3. Ordering, finalizing the agreement

By placing an order by completing the order form in the online shop you agree to a binding offer to the seller to finalize a purchase agreement with (para. 2 of general terms and conditions).
This offer shall be accepted by the seller with confirmation e-mail that leads to the finalization of the agreement.

4. Prices, sales tax

Tax prices shown at the time of the order are valid. The prices quoted include German Value Added Tax and other price components.

5. Shipping, shipping costs

Goods that are in stock will be processed for dispatch within 1 - 2 working days. If the goods are out of stock, the seller (para. 2 of the general terms and conditions) will strive for a fast delivery. If the product is no longer available despite all reasonable efforts by the seller, you will be immediately informed and receive a refund for the amount paid.
The obligation to deliver does not apply if the seller him or herself has not been supplied (in time) and is not responsible the goods being out of stock. The obligation to deliver also shall not apply if a (timely) delivery was not possible due to force majeure or strike. If the goods are out of stuck, the seller will inform you immediately.
We charge a shipping and handling fee of 3.95 Euros (no insurance) for the external shipping service we commission. There is a delivery charge of 6.99 Euros for insured shipping up to 3.5 kilograms.
Shipping only takes place within Germany. Delivery to an EU country is only possible if this has specifically been agreed upon after your inquiry with the seller, with this agreement being in reasonable proportion to the applicable shipping costs in each particular case.

6.  Payment

The purchase price and the shipping and handling fee must be paid to the seller as agreed, either as an advance payment, via PayPal, by invoice or by credit card.
With the confirmation from the seller (para. 3 of these general terms and conditions) you will receive all necessary payment information.
If advance payment has been agreed upon, payment is due immediately after the agreement is finalized. Please remit the amount due, stating the respective order number and the keyword account “Online”, to the account specified in the confirmation of the seller.
The order will be shipped immediately upon receipt of the due amount.
When paying by credit card, the relevant terms of the respective credit card company apply as well. The seller (para. 2 of the general terms and conditions) in individual cases reserves the right to deliver the goods only after receipt of payment by the customer, if the customer's creditworthiness gives reason for it.
If the customer is in arrears with the payment, the seller (para. 2 of the general terms and conditions) is entitled to claim interest and compensation in accordance with legal regulations.

7. Retention of ownership

The goods remains property of the seller until paid in full.

8. Warranty

If goods are faulty, the legal provisions on warranties apply (deficiency liability law).

9.  Return of the goods after withdrawal

If you exercise your right of withdrawal (see withdrawal policy), the direct cost of returning the goods to the seller must be carried by you.
This does not apply if the goods delivered were not the goods ordered.

10. Data protection
The Stadtmarketing Halle (Saale) GmbH website can be visited without registration. During every visit to the site the following data is stored: Name of accessed website, file, date/time, transmitted input values (i.g. keywords), amount of data transferred, notification of successful access, browser type/version, operating system, website visited previously and IP address. The collected data will only be used for statistical purposes and to improve our offer.

The personal data collected via the website of Stadtmarketing Halle (Saale) GmbH will be processed and used by us solely to process your order and for the purpose of customer care under the statutory provisions of the (German) Federal Data Protection Act (BDSG). Personal data is specific information about personal or material circumstances of an identified or identifiable natural person, such as their name, e-mail address, telephone number, preferences. The e-mail address is used for order confirmation, providing information on similar products and services of Stadtmarketing Halle (Saale) GmbH and optimization of customer relationships.

If you do not want the latter, you can prevent this type of use at any time by sending an e-mail to info@stadtmarketing-halle.de without any incurring costs other than the transmission of data at the common rates.

You can object to the collection, processing and use of your data for purposes of customer service at any time in writing or electronically via e-mail. Data for billing and accounting purposes are not affected by cancellation, revocation or deletion.

Your personal data will not be transferred to third parties, unless we are legally obligated to do so or you have given us your consent. In case we use third party service providers, for execution and handling of processing, the regulation of the contractual relationships shall be according to the provisions of the German Data Protection Act.

We secure our website and other systems within the limits of what is necessary and reasonable by means of technical and organizational measures against loss, destruction, access, modification and distribution of your data by unauthorized individuals. Your data is transmitted online in encrypted format.

This statement of privacy applies to our presence on the social networks Facebook (Finni & Rudi aus der Händelstadt Halle) and Instagram (hallelobbyisten) .

Note on the use of Google Analytics on this website
This website uses Google Analytics, a web analytics service provided by Google Inc. ( "Google"). Google Analytics uses so-called "Cookies", text files that are stored on your computer to enable analysis of your use of our website. The information generated by the cookie about your use of this website is usually transferred to a Google server in the USA and stored there. In case of activation of IP anonymization on this website, your IP address will be abbreviated within Member States of the European Union or other states that are parties to the Agreement on the European Economic Area. Only in exceptional cases is your complete IP address transferred to a Google server in the USA and abbreviated there. On behalf of the operator of this website Google will use this information to evaluate your use of the website, compiling reports on website activity and providing other services related to use of the website and internet to the website operator. Your IP address that was transmitted as part of Google Analytics will not be merged with other data from Google. You may prevent the use of cookies by means of settings in your browser software; however, you may in that case not be able to use all features of this website to their full extent. You can also prevent the transmission and processing of these data by Google as well as the data generated by the cookie about your use of the website (incl. your IP address) by downloading and installing the browser plugin available at the following link [http://tools.google.com/dlpage/gaoptout?hl=de].

You can prevent the access by Google Analytics by clicking on the link below. An opt-out cookie will be set that prevents the future collection of your data when visiting this website: Disable Google Analytics.

For more information on Terms of Use and Privacy Policy, see www.google.com/analytics/terms/de.html or https://www.google.de/intl/de/policies/

11.  Applicable law
Only German law is applicable to the entire legal and contractual relationship between you and the seller , with the exception of German private international law and international unified law, in particular the United Nations Convention on Contracts for the International Sale of Goods (CISG).

The contract language is German.

12.  Alternative dispute resolution
The European Commission provides an online dispute resolution platform (OS), which can be found at ec.europa.eu/consumers/odr. This platform serves as a point of departure for the out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved. The seller is neither obliged nor willing to participate in a dispute settlement procedure before a consumer complaint office.

Withdrawal policy

Right of withdrawal

You have the right to withdraw from the agreement within fourteen days without stating reasons.
This withdrawal period is 14 days from the day you or a third person instead of you, but not the carrier, has taken possession of the goods. In case you ordered several items in one order, this withdrawal period is 14 days from the day you or a third person instead of you, but not the carrier, has taken possession of the last of those items. To express your right of withdrawal, you need to inform us (Stadtmarketing Halle (Saale) GmbH, Marktplatz 13, 06108 Halle (Saale), info@stadtmarketing-halle.de, Telefon +49 (0)345 122790, Fax +49 (0)345 1227922) by way of unambiguous declaration (eg by mail, fax or e-mail) of your decision to withdraw from the agreement. You can use the attached withdrawal form but it is not mandatory.
To meet the withdrawal deadline, it is sufficient to send us your statement concerning your right of withdrawal before the withdrawal period ends. The deadline begins upon receipt of these instructions in writing, but not before the goods are received by the consignee (in case of recurring deliveries of similar goods not before receipt of the first partial delivery). To meet the withdrawal deadline, it is sufficient to send us your statement concerning your right of withdrawal or the item before the withdrawal period ends.

Effects of withdrawal

In case you withdraw from the agreement, we will be obliged to refund you all the payments that we have received from you, including delivery costs (with the exception of the additional costs that result from choosing another type of delivery than the cheapest standard delivery we offered) within fourteen days from the date on which the notification of your agreement withdrawal has arrived with us. For this repayment we shall use the same method of payment that you used in the original transaction, unless explicitly agreed otherwise. In no case will you be charged fees for this repayment.
We may withhold refunding until we have received the returned goods, or until you have demonstrated that you have returned the goods, whichever event occurs earlier.
You must return (or give) the goods to us immediately but not later than 14 days from the date on which you informed us of your agreement withdrawal [Stadtmarketing Halle (Saale) GmbH, Marktplatz 13, 06108 Halle ( Saale)]. The deadline is met if you have sent us the goods before the 14-day-deadline has expired. You will carry the costs for returning the goods.
You will only need to pay for any loss in value of the goods if the value loss proves due to your handling of the goods in a manner that was not necessary to ascertain their nature, characteristics and function. If you fail to return to us the service received in whole or in part, or return it only in a deteriorated condition, you may be obliged to render us compensation for its value. This does not apply if the depreciation of the goods can be attributed to its inspection, as could have been possible in a retail shop. You can avoid the obligation of compensation for reduced value from the correct use of an item by not using the item as its owner and by refraining from anything else that might affect its value. You are not obliged to compensate for loss value of the item after correct use of the item.

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