General terms and conditions

1. Booking and Conclusion of Contract
(1)
After booking a tour, the client (hereafter referred to as the “Customer”) will receive a confirmation e-mail. With this booking, the Customer declares his recognition of the General Terms and Conditions. The booking is binding as soon as the ordered tour is confirmed by eat-the-world GmbH (hereafter referred to as “eat-the-world”) via e-mail or fax. By this process, both parties, the Customer and eat-the-world, recognise the order as a binding contract. With regard to the booking of a tour eat-the-world acts either on its own behalf or, based on a power of attorney, as a commercial agent in the name and on the account of the franchisee of eat-the-world who is operating the tour, as the case may be. In the course of the booking process the Customer will be expressly informed in whose name the contract is concluded (such party hereafter referred to as the “eat-the-world Contracting Party”).

(2)
 Payment for the tour takes place in advance online with credit card, paypal or via SEPA direct-debiting system. Please note that SEPA direct debit payments are due within one day. Please ensure an adequate account balance. Where eat-the-world concludes a contract in the name of a franchisee, eat-the-world will accept payment on behalf of the franchisee based on a power of attorney granted to it by such franchisee.

(3) The maximum number of participants for the tour is 16 persons per guide.

(4)
Travel intermediaries and service providers of eat-the-world or of the eat-the-world Contracting Party (e.g., bus and limousine businesses, restaurants, guides) do not have the power to make arrangements or assurances which alter the prearranged content of the contract, which go beyond the services contractually agreed by the eat-the-world Contracting Party, or which contradict the service description of eat-the-world.

(5)
Concerning a private or company tour: Payment shall be made at least seven weekdays prior to the activity agreed upon or according to a special agreement made with the eat-the-world Contracting Party (full receipt of payment). For tours that will be taking place less than seven bank working days after reservation, a payment target will be agreed when the booking is made. A confirmation is only completed when 50% of the total amount is paid and has been received by eat-the-world.

2. Returned payments / Fees & charges
(1)
In the event of returned unpaid transactions, a fee of 5€ will be charged per unpaid or declined transaction. If your debit is cancelled, any outstanding balance must be immediately paid in full.

(2)
 eat-the-world reserves the right to cancel any contractual arrangement if one or more debits are returned unpaid by your financial institution. This applies to agreements concluded by eat-the-world in it own name as well as to those concluded on behalf of a franchisee. All customer records and account details will be kept strictly private and confidential, to be disclosed only if requested by you or your financial institution, in connection with a claim made to an alleged incorrect or wrongful debit.

3. Services and Changes to Services
(1)
The scope of contractual services is defined in eat-the-world's service description. Any side agreements must be confirmed in writing by eat-the-world.

(2)
If individual service elements are missing this does not entitle to any retention of the contractual amount or to a partial reduction, as long as it involves reasons for which the eat-the-world Contracting Party is not responsible. If the eat-the-world Contracting Party is responsible for the reasons for the non-performance of certain service elements, it shall be entitled to replace these service elements with equivalent other elements. The eat-the-world Contracting Party is obliged to inform the Customer hereof. Under certain circumstances, the eat-the-world Contracting Party will offer the Customer a re-booking or a withdrawal free of charge.

(3)
The guides provided by the eat-the-world Contracting Party have the right to make alterations to, and diversions from, the indicated route and the length of the tour based on seasonal and weather conditions.

4. The Use of External Services
(1)
The eat-the-world Contracting Party shall be responsible for the accurate preparation of the booked services, the careful selection and overview of the service providers and the due delivery of the contractually agreed services.

(2)
Neither eat-the-world nor (if different) any eat-the-world Contracting Party shall be responsible for the services of third parties (e.g., gastronomic services, limousine, train, bus or taxi-drivers, theatre, museum or exhibition visits, restaurant visits etc.) Where city tours and transfers are offered by the eat-the-world Contracting Party, the transportation will not be provided by the eat-the-world Contracting Party itself, but rather by businesses which are holders of relevant permits according to the law of transporting persons (Personenbeförderungsgesetz, PBefG).

(3)
As a matter of precaution it is pointed out that the participation in any tour is at your own risk and that eat-the-world and (if different) any eat-the-world Contracting Party assumes no liability for any potential damage to persons or belongings. Tours may involve the use of public streets as well as of paved or unpaved pathways. Participants must consider and decide in their own responsibility whether they meet these requirements. Any misjudgment in this context is the sole responsibility of the participant. The Customer or the members of a group of the Customer are responsible for every damage which is caused by or to the belongings brought along with him/her/them.

5. Waiting period for private tours / groups
In case of a late arrival of the group, the tour guide will wait for 30 minutes after the agreed starting time. After that waiting period the tour is deemed as cancelled and the total of the contractual amount is payable. If the group arrives within the waiting period the delay will be deducted from the length of the tour. Due arrival at the agreed time is the sole responsibility of the Customer.

6. Exclusion of rescission right and right of return in the case of purchase of tickets / vouchers
The sale of tickets and vouchers for a recreational event such as a guided city tour does not qualify as a distance selling contract (Fernabsatzvertrag) within the meaning of Section 312b of the German Civil Code (BGB). This means that the Customer has no rescission right (Widerrufsrecht) and no right of return (Rückgaberecht) vis-à-vis the eat-the-world Contracting Party. Each ticket purchase is therefore binding, and obliges the Customer to pay for the ordered tickets.

7. Customer Withdrawal (Cancellation)
(1)
The customer may cancel any time before the beginning of the booked tour. Receipt of the cancellation declaration by eat-the-world is the relevant point in time.

(2)
Any cancellation must be in writing, or by e-mail or fax, and must be confirmed by eat-the-world. If the customer cancels the contract or does not keep an agreed appointment without having cancelled the contract beforehand, the eat-the-world Contracting Party can demand an appropriate compensation. The eat-the-world Contracting Party may, at its discretion, make a concrete calculation of damages or  charge a lump sum cancellation fee. The latter amounts to the following:

  • from the 30th to the 15th day prior to the scheduled tour start: 20% of the total contractual amount,
  • from the 14th to the 6th day prior to thescheduled tour start: 50% of the total contractual amount,
  • from the 5th day before the scheduled tour start or in case of non-appearance: 100% of the total contractual amount.

(3) The “Flex-Ticket" option (available for each individual ticket) allows for a rebooking or cancellation free of charge up to 5 days (until 5:00 p.m.) before the scheduled tour start. In accordance with Clause 7 (2) above, such rebooking or cancellation must be made in writing, via fax or email, and must be confirmed by eat-the-world.

8. Invalidity of individual provisions
Any invalidity of individual provisions of these General Terms and Conditions or of the contract does not result in the invalidity of the entire contract.

9. Priority of German version
In case of doubt or discrepancy, the German version of these General Terms and Conditions shall have priority over the English version.

Data protection

Where personal details (e.g. names, addresses or e-mail addresses) are requested to be provided on our site, this is always done as far as possible on a voluntary basis. The use of the offers and services is at all times possible, as far as is practical, without providing personal details. 

We point out that data transmission over the internet (e.g. by e-mail communication) can present security gaps. A water-tight protection of data from access by third-parties is not possible. Customer-related data will always be treated confidential.

We expressly object to any use by third parties of the contact details published in the (statutorily required) contacts section of our websites for the sending of advertisement and information material which has not been expressly requested. The managers of the sites reserve the right to take legal steps in the case of any unsolicited sending of advertising material, for example via spam mail.

In order to constantly improve and optimize our offers we are using so-called tracking technologies. For this purpose we are using the services of Google Analytics.

Google Analytics

This website uses Google Analytics, a web analyzing service of Google Inc. (“Google”). Google Analytics employs so-called “cookies”, text files which are saved to your computer and allow for an analysis of the use of the website by you. The information on your use of this website that is created by the cookie will normally be transmitted to a server of Google in the USA and be stored there. However, if you activate the IP anonymizing function on this website, Google will shorten your IP address within the member states of the European Union and other contracting states of the European Economic Area beforehand. Only in exceptional circumstances the full IP address will be transmitted to a server of Google in the USA and be shortened there. As instructed by the provider of this website Google will use such information in order to analyze your use of the website, to prepare reports on the website activities, and to deliver other services that are related to the use of the website and the internet to the website provider. The IP address that your browser transmits in the context of Google Analytics will not be consolidated with other data at Google. You may prevent the saving of cookies by the appropriate settings in your browser software; we advise you, however, that in that case you may not be able to use all functions of this website to the full extent. Moreover, you can prevent Google’s collection of the data that are created by the cookie and are related to your use of the website (including your IP address), and the processing of such data by Google, by downloading and installing the browser plug-in that is available under the following link: http://tools.google.com/dlpage/gaoptout?hl=de

You will find more information under tools.google.com/dlpage/gaoptout or under www.google.com/intl/de/analytics/privacyoverview.html (general information on Google Analytics and data protection). We also advise you that on this website the code “gat._anonymizeIp();” has been added to Google Analytics in order to ascertain an anonymized collection of IP addresses (so-called IP masking).

Complaint Procedure via Online Dispute Resolution

Online dispute resolution in accordance with Art. 14 (1) ODR-VO and § 36 VSBG:  The European Commission provides a platform for online dispute resolution (OS) which is accessible at ec.europa.eu/consumers/odr/. We are not obliged and not willing to use the ODR service.

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