General terms and conditions of Antonella Nano and Lisa Poloni GbR – ANYWAYS
The website www.any-ways.com of Antonella Nano and Lisa Poloni GbR – ANYWAYS, Willi-Grasser-Str. 5-7, D-91056 Erlangen (hereinafter referred to as ANYWAYS) allows private customers and companies (hereinafter referred to as: customers) to book tours and events (or buy tickets for tours and events) as well as purchase coupons for tours and events or book private events. In this case, the following terms and conditions apply exclusively. ANYWAYS does not accept deviating terms of conditions of the customer, unless ANYWAYS has expressly agreed to their validity.
2. SERVICES AND PRODUCTS
2.1 The tours and events offered by ANYWAYS are carried out either by ANYWAYS itself or by business partners (hereinafter referred to as partners) of ANYWAYS. However, the customer’s contractual partner is exclusively ANYWAYS. The customer can purchase tickets and vouchers at www.any-ways.com.
2.2 A ticket entitles the holder of the ticket to participate in the specific tour and event booked at the time selected during the purchase. The rebooking to another event or a different date is only possible under the conditions mentioned under point 11 below.
2.3 The booking of an ANYWAYS tour by customers is confirmed with the confirmation from the organizer and the invoicing by ANYWAYS before the date of the tour or event. The bill contains the place, the number of persons, as well as the date and time of the desired tour and / or event. The rebooking to a different date, as well as the adjustment of the number of participants is only possible under the conditions mentioned in section 11 below. Private events are excluded from the right of withdrawal.
2.4 Travel agents and service providers of ANYWAYS or the ANYWAYS contractor (eg bus and limousine companies, restaurants, guides, craftsmen) are not authorized to make agreements or make any assurances that change the agreed content of the contract, about the contractually agreed services of ANYWAYS Contract partner or contradict the specifications of ANYWAYS.
2.5.The city guides on behalf of the ANYWAYS contractor are entitled to make seasonal and weather-related route changes and deviations from the specified routes and the duration of the tour.
2.6. Mediation of external services
(1) The ANYWAYS contracting partners is liable for the conscientious preparation of the booked service, the careful selection and monitoring of the service providers and the proper provision of the contractually agreed service.
(2) Neither ANYWAYS nor, if different, the ANYWAYS contracting partners is liable for third party services (e.g., gastronomic services, limousine, train, bus or taxi rides, theater, museum or exhibition visits, restaurant visits, etc.). If sightseeing tours and transfers are offered by the ANYWAYS contractor, the carriage is not carried out by the ANYWAYS contracting partners itself, but by companies which are holders of a corresponding permit under the Passenger Transportation Regulation.
(3) As a precautionary measure, it is pointed out that participation in the tours is at your own risk and that ANYWAYS and, if different, the ANYWAYS contracting partner assumes no liability for any personal injury or property damage. The tours can lead both on public roads and paths as well as on paved and unpaved roads. The customers have to judge for themselves and on their own responsibility and decide whether they meet these requirements. Misjudgments in this context are the sole responsibility of the customers. The customer is liable for any damage caused by or to the things carried by him / her.
3. CONCLUSION OF CONTRACT, STORAGE OF THE AGREEMENT’S TEXT
3.1 For orders via www.any-ways.com no registration is required. The customer must truthfully indicate the information marked as required during the ordering process. The specification of unnecessary information is voluntary.
3.2 The presentation of the tours and / or events in www.any-ways.com does not constitute a legally binding offer within the meaning of § 145 BGB, but a non-binding online catalog.
After entering his personal data as part of the ordering process and clicking on the inquiry button in the final step of the ordering process, the customer makes a binding order for the selected tickets and / or vouchers. For this, the customer will be shown a confirmation window with the details of the order before completing the order process. In this the customer can check and correct the input again. Immediately after submitting the request, the customer will receive an e-mail confirming the receipt of the request. However, this does not represent an acceptance of the order offer, but merely serves to inform the customer that the order has been received by ANYWAYS.
The contract is only concluded when ANYWAYS confirms the customer’s order by sending another e-mail with the invoice. ANYWAYS is entitled to accept the customer’s order within three working days.
3.3 For orders via www.any-ways.com the order with the order details entered by the customer is stored from ANYWAYS and can be requested from ANYWAYS. The order details will also be sent as part of the order confirmation to the e-mail address provided by the customer.
3.4 The booking of an ANYWAYS tour is confirmed with a binding booking request by the customer and after receiving the confirmation of availability. On the part of ANYWAYS, the booking is confirmed when the invoice has been submitted.
4. PARTICIPATION REQUIREMENTS
4.1 Participation in certain tours and / or events requires certain personal qualifications (such as age or health). The customer is responsible for ensuring that he or other participants for whom he buys or transfers a ticket meet the respective requirements.
4.2 Persons who do not meet the respective requirements for participation are excluded from participating at the tour and / or event. A refund of the purchase price due to non-fulfillment by ANYWAYS is excluded in this case.
4.3 For individual tours and events, participation may be tied to a specific minimum or maximum number of participants. If the required minimum number of participants for a tour and / or event is not met, ANYWAYS is entitled to cancel the event no later than two days before the event date. Customers who have purchased tickets for the event can either rebook free of charge for another appointment, request a voucher worth the booked event, or reimburse the paid purchase price. If the maximum number of participants of an event is reached, ANYWAYS is entitled not to accept a booking.
5. WAITING TIME FOR TOURS / GROUP TOURS
If a group is delayed, the city guide will hold a waiting time of 15 minutes from the agreed start date. After expiry of the waiting time, the tour is considered canceled and this justifies the claim from ANYWAYS to the contract total price. Upon arrival of the group within the waiting time, the delay is credited to the agreed duration and shortened the tour accordingly. The arrival on the agreed date and time is only responsibility of the customer.
In case of delay of individual customer, the city guide will hold a waiting period of 15 minutes from the agreed beginning. After the waiting time has elapsed, the tour guide will continue the tour with the rest of the group. The arrival on the agreed date and time is only responsibility of the customer.
A refund of the purchase price is excluded in both cases.
6.1 A voucher is issued at a denominated Euro amount. The owner is entitled to use the voucher to buy tickets via www.any-ways.com as a means of payment.
6.2 Unless otherwise agreed, vouchers are valid within the statutory limitation period of 3 years (validity period). This period begins at the end of the year in which the voucher was purchased.
6.3 If the price of the tour and / or event to be booked (tickets) exceeds the credit balance of the voucher, the customer must pay the difference in the order process. If the credit balance of the voucher exceeds the price of the event to be booked (tickets), the difference remains as remaining balance on the voucher.
7. RIGHTS OF THE CUSTOMER IN THE ACQUISITION OF VOUCHERS
Vouchers are freely transferable and can be redeemed by the owner. The commercial resale is prohibited. A payout in cash is not possible.
8. DELIVERY AND SHIPPING COSTS
8.1 The delivery of tickets or vouchers will take place either by e-mail as a PDF file or by post (gift letter) to the delivery address specified by the customer.
8.2 The delivery by e-mail is free of charge. For delivery by mail ANYWAYS will add the shipping costs.
8.3 Delivery by post is within the specified delivery time. The delivery time is calculated from the time of receipt of payment at ANYWAYS
9. PRICES AND PAYMENT
9.1 The prices indicated on www.any-ways..com are final prices plus delivery / shipping costs.
9.2 For the payment the customer has the payment methods specified in our offer.
9.3 In case of purchase on account, the payment becomes due upon conclusion of the contract and immediately upon receipt of the invoice. If the customer does not pay immediately upon receipt, the customer will automatically be in default of payment.
10. OWNERSHIP, WITHDRAWAL LAW FOR NON-PAYMENT
Issued tickets and vouchers remain the property of ANYWAYS until full payment. If no payment is received within the respective payment period, ANYWAYS is entitled to cancel or block the respective tickets, private events or vouchers, without the need for a special deadline or reminder by ANYWAYS. Further rights of ANYWAYS remain unaffected.
11. REBOOKING OR CANCELLATION BY THE CUSTOMER
11.1 Subject to par. 14 of these terms and conditions, changes in bookings, cancellations of the tours and events available on the website, as well as adjustments to the location / date or reduction in the number of participants in ANYWAYS tours made by customers are only possible in goodwill and in agreement with ANYWAYS. Cancellation or rebooking requests should be directed to ANYWAYS Customer Service via email: email@example.com.
11.2 In case of a cancellation granted by ANYWAYS, the customer will receive a voucher, which he can redeem at a later date. Cancellation and rebooking costs may apply depending on the tour and the organizer.
The ANYWAYS contracting partners can calculate the damage concretely or assert a lump-sum cancellation fee at its discretion.
12. CHANGE OF SERVICE, REBOOKING OR CANCELLATION BY ANYWAYS, FAILURE
12.1 ANYWAYS is entitled to change the contents of booked tours and events, provided the changes are not significant, are necessary and do not significantly affect the overall content of the tour and event. An insignificant change occurs when the event initiating artist has to be replaced because the artist has fallen ill, the location must be changed for organizational reasons or the time of an event for organizational reasons shifts.
12.2 In case of a significant change in the performance of essential content of the booked event, the customer is entitled to withdraw from the contract with ANYWAYS or rebook free of charge to another tour and event. In case of price differences between the events, the respective difference will be refunded or compensated by the customer.
12.3 ANYWAYS is entitled to cancel a tour and / or event due to illness at short notice. The customer will be informed immediately in this case and is entitled to rebook free of charge to another event, to demand a voucher for the value of the respective event or the reimbursement of the paid course fee.
12.4 ANYWAYS is not responsible for any cancellations or changes to booked tours for reasons of unpredictable event or force majeure (eg bad weather conditions, strikes, changes in the opening hours of museums and monuments, delays or other incidents). In these cases, the customer is only entitled to a refund of the amount paid for the ticket, excluding the booking fee. ANYWAYS is not responsible for damages caused by third parties or for reasons beyond its control, and is not responsible for lost or stolen valuables, baggage, and other items during excursions and sightseeing. ANYWAYS is not responsible for any kind of lack of service that may occur while using the confirmed reservation.
13. LEGAL RIGHT OF WITHDRAWAL
Consumers (every natural person who concludes a legal transaction for purposes that can be attributed mainly neither their commercial nor their independent professional activity, § 13 BGB) is entitled to a statutory right of withdrawal according to the following cancellation policy.
You have the right to withdraw from this contract within fourteen days of the date of conclusion of the contract without giving any reason. The right of withdrawal can only be exercised only up to 30 calendar days before the date of the tour.
In order to exercise your right of withdrawal, you must inform us (e-mail: firstname.lastname@example.org) by sending a clear message in text from about your decision to withdraw from this contract. The message should mention the order no.
CONSEQUENCES OF THE REVOCATION:
If you withdraw from this contract, we shall reimburse you for any payments we have received from you (excluding delivery charges and booking fees) without delay and no later than thirty days from the date on which we receive notice of your cancellation of this agreement. For this repayment, we will use the same form of payment that you used in the original transaction, unless otherwise agreed with you.
The right of withdrawal can only be exercised only up to 30 calendar days before the date of the tour.
EXCLUSION OF THE RIGHT OF WITHDRAWAL:
The right of withdrawal does not apply to contracts for the provision of services in the field of accommodation for other purposes than habitation, transport of goods, car rental, supply of food and beverages and other recreational activities, provided that the contract for the provision refers to a specific appointment or period (eg private ANYWAYS tours). For private ANYWAYS tours, the invoice date is the date of the conclusion of the contract. After expiry of a period of 14 days after the invoice date, a change or reduction of the participants is no longer possible.
The right of withdrawal can only be exercised only up to 30 calendar days before the date of the tour.
For any warranty claims due to material and / or legal defects, the statutory provisions shall apply.
16.1 ANYWAYS is liable for intent and gross negligence. Furthermore, ANYWAYS is liable for the negligent breach of obligations, the fulfillment of which enables the proper execution of the contract in the first place, which endangers the achievement of the purpose of the contract and on whose compliance the customer regularly trusts. In the latter case, however, ANYWAYS is only liable for the foreseeable, contract-typical damage. ANYWAYS is not liable for slightly negligent breaches of obligations other than those specified in the preceding sentences
16.2 The above exclusions of liability do not apply to injury to life, body and health. Liability under product liability law remains unaffected.
17 .ONLINE DISPUTE RESOLUTION . ART 14 ABS. 1 ODR REGULATION
The European Commission provides a platform for online dispute resolution (OS). This is available at http://ec.europa.eu/consumers/odr/.
18.1 The contract language is German.
18.2 The law of the Federal Republic of Germany applies excluding the UN sales law. The following applies to consumers: Mandatory provisions of the state in which the customer has his habitual residence remain unaffected.
18.3 The following applies to merchants or legal entities under public law: Place of jurisdiction is the registered office of ANYWAYS in Erlangen. ANYWAYS is entitled, but not obliged, to sue at the Customer’s location.
18.4 Should individual provisions of these terms and conditions be ineffective or contradict the statutory provisions, this shall not affect the remaining provisions of the contract. The ineffective provision shall be replaced by mutual agreement between the parties by means of a legally valid provision, which comes closest to the economic purpose of the ineffective provision. The above provision applies in case of arrangement gaps accordingly.
18.5 The customer agrees that ANYWAYS will take photos and videos during the events, both of the customers and the location and use them for advertising purposes as well as to pass them on to third parties. This consent and the associated rights are valid for an unlimited period of time, internationally and for print and online use. Customers have the opportunity to explain in writing to ANYWAYS before the start of the booked event that they do not agree to the taking of photos and videos of themselves and their pictures.
By accessing the website at https://www.any-ways.com, you are agreeing to be bound by these terms of service, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this website are protected by applicable copyright and trademark law.
20. USE LICENSE
1. Permission is granted to temporarily download one copy of the materials (information or software) on ANYWAYS‘ website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
- modify or copy the materials;
- use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
- attempt to decompile or reverse engineer any software contained on ANYWAYS website;
- remove any copyright or other proprietary notations from the materials; or
- transfer the materials to another person or „mirror“ the materials on any other server.
2. This license shall automatically terminate if you violate any of these restrictions and may be terminated by ANYWAYS at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
The materials on ANYWAYS website are provided on an ‚as is‘ basis. ANYWAYS makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.
Further, ANYWAYS does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site.
In no event shall ANYWAYS or its suppliers/partners be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on ANYWAYS‘ website, even if ANYWAYS or a ANYWAYS authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
23. ACCURACY OF MATERIALS
The materials appearing on ANYWAYS‘ website could include technical, typographical, or photographic errors. ANYWAYS does not warrant that any of the materials on its website are accurate, complete or current. ANYWAYS may make changes to the materials contained on its website at any time without notice. However ANYWAYS does not make any commitment to update the materials.
ANYWAYS has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by ANYWAYS of the site. Use of any such linked website is at the user’s own risk.
ANYWAYS may revise these terms of service for its website at any time without notice. By using this website you are agreeing to be bound by the then current version of these terms of service.
26. GOVERNING LAW
These terms and conditions are governed by and construed in accordance with the laws of Germany and you irrevocably submit to the exclusive jurisdiction of the courts in that State or location.