General Terms and Conditions of Business

General Terms and Conditions (GTC) of RTG Touristik Foster, Kusnir GbR for Private Events and Tours

1. Scope and Formation of Contract

These General Terms and Conditions apply to all contracts for tours, events, and related services between RTG Touristik Foster, Kusnir GbR (“RTG Touristik”, “we”, “us”) and the customer.

A contract is concluded upon our acceptance of the booking, typically by written confirmation (e.g. email).

Please note that, pursuant to Section 312g (2) No. 9 of the German Civil Code (BGB), there is no statutory right of withdrawal for contracts relating to leisure services where a specific date or period of performance is agreed.

2. Customer Responsibilities

The customer is responsible for arriving on time at the agreed meeting point.

In the event of late arrival, there is no entitlement to performance of the tour or to any refund, including partial refunds.

We are not obliged to wait longer than 15 minutes after the scheduled start time. After this period, the booking will be treated as a no-show and the cancellation terms set out in Section 4 shall apply.

For tours involving time-critical elements (e.g. reserved entry slots, scheduled boat departures, or connecting arrangements), no waiting time will be granted; the tour will start strictly on time.

3. Payment Terms and Deposit

A deposit of 30% of the total booking price is due upon conclusion of the contract. This deposit serves to cover our preparation costs and will be credited against any applicable cancellation fees (see Section 4) in the event of cancellation. The remaining balance is due no later than 14 days prior to the start of the tour. For bookings made less than 14 days before the tour, the full amount is payable immediately.

The agreed prices are based on the number of participants stated at the time of booking. We reserve the right to adjust the price accordingly in case of deviations.

Exception for exclusive ship and boat charters:
Due to the strict payment terms of our service providers, a deposit of 50% of the total booking price is due immediately upon receipt of the invoice for the charter of boats, barges, or passenger vessels. The remaining balance is due no later than 14 days prior to the start of the tour. For bookings made less than 14 days before the tour, the full amount is payable immediately.

If a booking includes services subject to different deposit requirements, the highest applicable deposit rule shall apply to the entire booking.

4. Cancellation Policy

Cancellations must be made in writing (e.g. by email to info@robinandthetourguides.de). The relevant date is the date on which the cancellation is received by us.

If the customer cancels the booking, we are entitled to charge reasonable compensation for costs incurred and arrangements made. The following cancellation fees apply:

All cancellation fees are calculated as a percentage of the total booking price.

4.1 Walking Tours

  • Up to 8 days before the tour: 30%
  • 7 days to 48 hours before the tour: 50%
  • 47 hours to 24 hours before the tour: 80%
  • Less than 24 hours or no-show: 100%

4.2 Exclusive Boat and Ship Charters (excluding sailing yachts)

  • Up to 91 days before the tour: 30%
  • 90 to 29 days: 40%
  • 28 to 15 days: 60%
  • 14 days or less / no-show: 100%

4.3 Minivan Tours & Sailing Yacht Tours

The full tour price is due at the time of booking.
In case of cancellation or no-show: 100%

4.4 Bus Tours and Bus Charters

  • Up to 30 days: 30%
  • 29 to 15 days: 50%
  • 14 to 4 days (96 hours): 80%
  • Less than 96 hours / no-show: 100%

4.5 Bicycle and E-Bike Tours

  • Up to 15 days: 30%
  • 14 to 8 days: 50%
  • 7 days or less / no-show: 100%

4.6 General Provisions

Irrespective of the above, third-party costs (e.g. accommodation for drivers, catering, permits) must be reimbursed in full if they can no longer be cancelled free of charge.

The above cancellation fees take into account saved expenses and the possibility of re-selling the service, depending on the timing of the cancellation.

The customer remains entitled to demonstrate that no damage or a significantly lower amount of damage has been incurred.

5. Liability

We shall be fully liable for intent and gross negligence, as well as for damages resulting from injury to life, body, or health.

In cases of slight negligence, we shall only be liable for breaches of essential contractual obligations (cardinal obligations). In such cases, liability is limited to the foreseeable damage typical for the contract.

6. Force Majeure

We shall not be liable for disruptions, delays, or cancellations caused by force majeure (e.g. extreme weather, natural disasters, strikes, governmental orders, or unexpected port closures).

In such cases, we will make reasonable efforts to offer an alternative date. There is no entitlement to performance.

7. Special Conditions for Transport and Equipment Use

7.1 Boat and Ship Charters

  • The captain has full authority on board.
  • We reserve the right to exclude heavily intoxicated individuals.
  • The customer is liable for damages caused by participants and for excessive cleaning costs.
  • Necessary route changes or replacement vessels do not constitute a defect.
  • GEMA registration and fees are the responsibility of the customer if music is provided.
  • Bringing confetti, sand, stones, or loose flower petals is prohibited.
  • External catering is generally not permitted unless agreed; cleaning fees may apply.
  • Boarding times are limited; delays may be charged.

7.2 Bus Tours

  • Instructions of the driver must be followed.
  • The customer is liable for damages and excessive cleaning costs.
  • Additional costs caused by delays at the customer’s request must be borne by the customer.
  • No liability is assumed for lost or stolen items, except in cases of intent or gross negligence.

7.3 Bicycle and E-Bike Tours

  • Valid photo ID is required for handover.
  • The customer is liable for damage or loss up to the replacement value (for e-bikes up to €3,500).
  • In case of breakdowns, return transport is at the customer’s expense.
  • Bicycles must always be secured; overnight storage must be indoors.
  • Late returns will be charged; early returns do not entitle to refunds.

8. Changes to Services

We reserve the right to make reasonable changes to routes, schedules, or program elements where necessary, provided that the overall nature of the service is not significantly affected.

9. Insurance

We strongly recommend taking out travel cancellation insurance.

10. Photo and Video Recordings

Photos and videos may be taken for marketing purposes unless the legitimate interests of the individuals concerned prevail.

Individuals may object at any time. Such objection should preferably be made before the start of the event.

11. Data Protection

Personal data is processed in accordance with applicable data protection laws (GDPR). Further details are available in our privacy policy.

12. EU Dispute Resolution

The European Commission provides a platform for online dispute resolution:
https://ec.europa.eu/consumers/odr/

We are not obliged to participate in dispute resolution proceedings before a consumer arbitration board.

13. Governing Law and Jurisdiction

German law shall apply.

If the customer is a merchant or a legal entity under public law, Hamburg shall be the exclusive place of jurisdiction. For consumers, statutory provisions apply.

14. Severability

If any provision of these Terms is or becomes invalid or unenforceable, the validity of the remaining provisions shall remain unaffected. Statutory provisions shall apply in place of the invalid provision.