General Terms and Conditions (AGB)
This English version of the Terms and Conditions is provided for informational purposes only.
In case of any discrepancies or legal disputes, the German version shall prevail and be legally binding.
The Kölsch Crew
Owner: Michael Piel
Schmiedegasse 30
50735 Cologne
Germany
(hereinafter: “Organizer”)
§1 Scope of application
These General Terms and Conditions apply to all contracts for participation in tours and events conducted by the organizer, in particular brewery tours in Cologne.
Deviating conditions of the customer are not recognized unless the organizer expressly agrees to their validity in writing.
§2 Conclusion of contract
(1) The booking is made via the online booking system or by individual acceptance of the offer. With the booking, the customer makes a binding offer to the organizer to conclude a contract.
(2) The contract is concluded as soon as the organizer confirms the booking in writing or electronically.
§3 Terms of payment
(1) Payment can be made either by online payment via the service provider Mollie or on account by prepayment.
(2) Invoices must be paid in full within 14 days, but at the latest before the start of the booked tour.
(3) Unless otherwise agreed, the following applies to corporate customers:
– 80% of the total amount must be paid in advance (14 days before the start of the tour),
– the remaining 20% will be invoiced after the event.
(4) The organizer reserves the right to cancel the contract in the event of late payment. In this case, the cancellation conditions according to § 5 apply.
§4 Implementation
(1) The tours take place at the times specified in the booking system. The meeting point is always 15 minutes before the start.
(2) Participation requires a level of health appropriate to the nature of the tour.
(3) The organizer reserves the right to make changes to the itinerary, guides or stations for organizational or safety reasons, provided that these do not significantly affect the overall character of the tour.
§5 Withdrawal and rebooking by the customer
(1) Cancellation free of charge is only possible if a fee-based booking protection (8% surcharge) was expressly concluded during the booking process. In this case, a cancellation is possible up to 2 hours before the start of the tour and the tour price paid will be refunded in full. The surcharge for the booking protection will not be refunded.
(2) Without booking protection, refunds are excluded. The organizer offers the following rebooking options:
- Up to 24 hours before the start of the tour: free rebooking or voucher for the full amount (valid for 3 years from the end of the current calendar year).
- Between 24 and 2 hours before the start of the tour: rebooking for a 25% fee or voucher minus 25%.
- Between 2 hours and 15 minutes before the start of the tour: rebooking for a 50% fee or voucher minus 50%.
(3) Rebookings require the availability of a new date. If no date is available, a voucher will be issued.
§6 Withdrawal by the organizer
(1) The organizer may cancel a public tour up to 2 hours before the start if at least 5 participants are not booked. In this case, the full tour price will be refunded.
(2) The organizer reserves the right to exclude participants from the tour or to cancel the tour in the event of serious misconduct (e.g. drunkenness, drug use, disrespectful behaviour, sexism, disturbance of other guests or endangering the tour).
In this case, there is no entitlement to a refund.
§7 Behavior during the tour
(1) Participants undertake to behave respectfully towards guides, other participants and the staff of the restaurants visited.
(2) The consumption of illegal substances as well as sexist, assaultive or violent behavior will result in immediate exclusion without entitlement to a refund.
(3) The person making the booking is responsible for ensuring that all participants in the group are informed of the rules and comply with them.
§8 Additional services (e.g. axe throwing)
(1) If an additional activity such as axe throwing is booked via the organizer, this is done in the role of an intermediary.
(2) Participation in axe throwing requires absolute sobriety. In the event of alcohol or drug consumption, the provider of the activity will exclude participants – without entitlement to a refund.
(3) The customer agrees that the personal data required for the booking will be transmitted to the provider of the additional service.
§9 Liability
(1) The organizer is only liable for damages caused by gross negligence or intent.
(2) The organizer accepts no liability for services provided by third parties (e.g. axe throwing).
§10 Data protection
The collection and processing of personal data is carried out exclusively for the purpose of fulfilling the contract and in accordance with the applicable General Data Protection Regulation (GDPR). Further information can be found in the privacy policy.
§11 Place of jurisdiction and applicable law
The place of jurisdiction and place of performance is Cologne. German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
§12 Severability clause
Should any provision of these General Terms and Conditions be or become invalid or unenforceable in whole or in part, this shall not affect the validity of the remaining provisions. The invalid or unenforceable provision shall be replaced by a provision that comes closest to the economic purpose of the original provision.