Contract terms and conditions for the provision of services
agreed upon through this platform between
the Food Hopping in Europe GmbH, Kleine Brückenstraße 6, 60594 Frankfurt am Main, Germany – hereinafter referred to as the “provider” –
and the customer referred to in § 2 of the contract – hereinafter referred to as the “customer”.
§ 1 Scope of validity, definition of terms
(1) In the business relationship between the provider and the customer, (hereinafter referred to as “customer”), the following general terms and conditions solely apply.
(2) These general terms and conditions shall not apply to contracts concluded to between the customer and a partner company of the provider and whose conclusion has only been conveyed to them by the provider. The customer will be informed during the accounting process if the contractual partnership for the desired service involves a partner company.
(3) The customer is a consumer, as long as the purpose of the ordered goods and services cannot be attributed to his/her commercial or self-employed professional activities. On the other hand, the entrepreneur is any natural or legal entity or a legal partnership which involves the exercise of its commercial or self-employed professional activities at the time of the conclusion of the contract.
§ 2 Conclusion of the contract
(1) The customer may choose from the range of different services of the provider (“Tours”). By clicking on the “Book” button, he/she agrees to a binding offer to conclude a contract with the selected service.
(2) The provider then immediately sends the customer a booking confirmation by email in which the customer’s reservation is displayed again which the customer may print out using the “Print” option. The booking confirmation constitutes acceptance of the customer’s request.
(3) The customer may transfer his/her claims from the contract to third parties.
§ 3 Prices
All prices stated on the website of the provider are specified as final prices including the applicable statutory value added tax.
§ 4 Payment terms
(1) The customer’s payment is made by credit card using the online payment system made available by the provider.
(2) The payment of the price for the service is due immediately upon the conclusion of the contract.
§ 5 Individual Restrictions
If the customer is affected by individual limitations (for example pregnancy, food intolerances, diabetes, permanent or temporary disabilities), then he/she shall be obliged to notify the supplier thereof in writing prior to the conclusion of the contract and to use this to determine whether participation in the respective tour is possible.
§ 6 Liability
(1) Unless otherwise provided for exclusive to this agreement, including the following provisions, the contractor shall be liable in the event of a breach of contractual and non-contractual obligations in accordance with the provisions of the law.
(2) The contractor shall be liable, regardless of the legal grounds, for the compensation of damages in the context of fault-based liability for intent and gross negligence. In a case of simple negligence, the contractor shall be liable subject to a milder standard of liability in accordance with statutory regulations (e.g. only for the care taken in one’s own affairs) a) for damages arising from injury to life, body, or health, b) for damages resulting from the not insignificant breach of an essential contractual obligation (an obligation, the fulfilment of which, enables the proper implementation of the contract at all, and on whose compliance the contracting party relies and may rely on on a regular basis); in this case, the liability is limited to the replacement of foreseeable damage which may typically occur.
(3) The liability restrictions provided for in Section 2 shall also apply to breaches of duty by or for the benefit of persons whose fault the contractor is responsible for in accordance with statutory regulations.
§ 7 Revocation
The services performed by the provider are connected with leisure activities. The contract states a specific date or period for the provision of the services so that in accordance with § 312g, Section 2, No. 9 of the BGB there is no statutory right of revocation, even if it involves the customer as a consumer.
§ 9 Information about data processing
(1) The provider collects data from the customer in the context of the processing of contracts. In particular, the provider shall comply with the regulations of the Federal Data Protection Act and the Telemedia Act. Without the consent of the customer, the provider may only collect, process, or use the customer’s inventory and usage data,
as long as this is required for the processing of the contractual relationship and for the use and billing of telemedia.
(2) Without the consent of the customer, the provider may not use the customer data for the purposes of advertising, market research, or opinion polling.
§ 10 Out-of-court dispute settlement procedures
(1) The European Commission provides a platform for out-of-court online dispute resolution (OS-Platform), which is available at www.ec.europa.eu/consumers/odr.
(2) The provider is neither obliged nor prepared to participate in the dispute resolution procedure.
§ 11 Final provisions
(1) For contracts between the provider and the customer the laws of the Federal Republic of Germany excluding the UN Convention on the International Sale of Goods (CISG) shall apply.
(2) The agreement shall also remain binding in its remaining parts in case of legal invalidity of individual points. Instead of the ineffective points, if any, the statutory provisions shall apply. Insofar as this would constitute an unreasonable hardship for either party, however, then the contract as a whole would become ineffective.