General Terms & Conditions
1) Scope of application
a) The following General Terms & Conditions (hereinafter referred to as GT&C) govern the contractual relationship between Mirko Steiner’s company Steiner Touring, Marketsmühle 3, 84419 Schwindegg, Germany, VATIN DE 332 686 948 (hereinafter referred to as the Supplier) and the end customer (hereinafter referred to as the Customer), in the version valid at the time the contract was concluded.
b) Deviating, conflicting or supplementary GT&Cs shall not become part of the contract, even if they are known, unless their validity is expressly agreed in writing.
c) The Supplier sells packaged private, guided and exclusive day tours under the label “The Boutique Tours” (hereinafter referred to as TBT).
2) Conclusion of contract
a) The Customer must have reached the age of 18 years.
b) The Customer declares that he/she and, to the best of his/her knowledge, no member of his/her household, has no criminal record for an intentional crime that endangers the safety of third parties, in particular not for a crime against sexual self-determination (Sections 174 ff of the German Criminal Code (StGB), a criminal offence against life (Sections 211 ff StGB), an offence against physical integrity (Sections 223 ff StGB), an offence against personal freedom (Sections 232 ff StGB), or because of theft and misappropriation (Sections 242 ff StGB) or robbery and extortion (Sections 249 ff StGB) or because of drug abuse.
c) The contract is concluded when the booking is made. This is done by clicking on the “Book with an obligation to pay” button. By completing the booking, the Customer accepts these GT&Cs. Thus, a contractual relationship, governed by the provisions of these GT&Cs, ensues between the Supplier and the Customer.
d) Upon completion of the booking process, the Customer receives a booking confirmation including a request for payment.
3) Description of the scope of services
The scope of services provided by The Boutique Tours consists of the following services:
- Transportation in rental cars with driver
- Guide services
- Entrance fees to museums, amusement parks, etc.
- Spa entrance fees
- Guided city tours
- Other similar services
a) All prices are quoted in euros.
b) The prices include all taxes and fees. Services that are not included and that are optional are specifically listed in the service descriptions. Upon conclusion of the booking, the customer confirms that he/she is aware of the included and excluded services.
c) Prices are per person, unless in explicitly stated special cases.
5) Availability and guarantee
a) Due to the "private tour" business model, all tours in the portfolio are guaranteed. If a booked tour is no longer feasible due to a short-term cancellation on the part of a third-party supplier, the Supplier reserves the right to suggest an alternative tour to the Customer. If no alternative suggestions are feasible or if these are not accepted by the Customer, the Customer may withdraw from the contract. If payment has already been made, these costs will be refunded in full without deduction.
b) The Supplier does not guarantee the correctness or completeness of the data provided by third parties (third-party suppliers).
a) The booking confirmation is the basis for the remuneration to be paid by the user for the Supplier’s services.
b) Payment shall be made in full immediately after delivery of the booking confirmation, without deduction.
c) Only the following means of payment are accepted:
i) Credit card
d) The Supplier is expressly authorised to collect any amounts due.
e) If the payment is not received by 03:00 p.m. on the day before the tour, the booking will be cancelled by the Supplier. As a result, the Customer is no longer entitled to the provision of services.
7) Withdrawal from the contract
a) Customer's right of withdrawal due to changes
If the Supplier is forced to significantly change an essential package service, the Customer must be informed immediately by telephone and e-mail. The latter must agree to the change in writing within 5 calendar days after notification, but in any case within 24 hours before the start of the tour, or withdraw from the contract without paying any penalty. If the Customer does not make a statement within this period, this is to be interpreted as approval of the change.
b) Cancellation due to force majeure
If a tour cannot be carried out due to climatic or other conditions (heavy rain, flooding, mudslides, snowfall, road blockage, etc.), the tour will not be carried out and the payment will be refunded to the Customer.
The Customer can withdraw from the contract at any time without giving reasons, but is obliged to pay the following cancellation fee to the Supplier, while holding the Supplier completely harmless under all circumstances, if the Supplier can prove a higher loss:
i) Between 7 calendar days and 24 hours before the tour: 10%.
ii) Within 24 hours before the tour or no show: 100%.
a) The Customer has the opportunity to write testimonials on tours or services used or to post pictures on various portals (user content). The Customer is fully responsible for the user content he/she posts and vouches for it. He/she ensures the correctness of the content and guarantees that it does not contain any misleading or inadmissible claims or information. In addition, the Customer guarantees that no rights of third parties are violated by the published content.
b) The Supplier may remove or repost user content as required and at their own discretion. The Supplier may e.g. remove user content if, in the Supplier's opinion, the user content violates the Supplier's content policy. The Supplier is not obliged to keep copies of the user content or to provide such copies.
a) The Supplier is liable for the timely provision of the ordered vehicles with driver and guide as well as the proper organisation of all additional and ancillary services, unless there are circumstances which could not be averted despite all measures being taken within the scope of the operational duty of care.
b) External suppliers are selected according to the highest quality standards. Should there nevertheless be inadequate services from third-party suppliers, the Supplier shall not assume any liability, unless it can be proven that the Supplier intentionally or grossly negligently breached his/her duty of care in selecting and monitoring the third-party suppliers. If necessary, the Customer may demand the assignment of the Supplier's claims against the third-party suppliers.
c) The Supplier shall only be liable for damages resulting from injury to life, limb or health if they are based on an intentional or negligent breach of duty by the Supplier or an intentional or negligent breach of duty by a legal representative or vicarious agent of the Supplier.
d) The Supplier shall not be liable for damage to persons or property that can be traced back to culpable behaviour of the Customer or passenger, as well as those that are attributable to force majeure or coincidence, etc.
e) The Supplier shall not be liable in the event of a tour termination due to injury, misjudgement or omission of the customer. In such cases, the customer is liable for all-out failures. When booking, the client is aware of the requirements that the tour places on the participant.
f) Under no circumstances shall the Supplier be liable in the event of force majeure (traffic jam, road interruption, etc.) or chance, delay of the passenger at departure or similar, technical defect of the vehicle, etc.
g) The Supplier shall not be liable for items belonging to the Customer, unless the Supplier has caused the damage or loss of the items through intentional or grossly negligent actions. For loss, diminution or damage of the luggage carried during transport the rental car company is liable according to the existing regulations for the traffic with motor vehicles.
h) The claims for damages are limited to the foreseeable, contract-typical damage. In the event of default, they shall amount to a maximum of 5% of the contract value.
i) Claims for damages based on injury to life, limb, health or freedom fall under the statute of limitations after 30 years; otherwise after 1 year, whereby the statute of limitations begins at the end of the year in which the claim arose and the creditor became aware of the circumstances giving rise to the claim and the person of the debtor, or should have become aware without gross negligence (Section 199 (1) of the German Civil Code (BGB)).
Please note that the package prices quoted do not include a travel cancellation insurance (cancellation costs insurance and travel interruption insurance). If you cancel your trip before departure, cancellation costs will be incurred. In the event of travel interruption, additional return travel costs and other additional costs may arise. For this reason, we recommend that you take out the special RundumSorglos-Schutzes (all-round carefree cover) provided by ERGO Reiseversichung AG, Thomas-Dehler-Strasse 2, 81737 Munich, Germany. In addition to the travel cancellation insurance, this package includes comprehensive travel cover with a 24/7 emergency hotline service.
11) Data protection
a) In accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council, we hereby inform you that we process personal data from customers and suppliers as well as data of persons who voluntarily provide our company with their personal details (in person, by telephone, by fax or by e-mail) as well as by registering on our website, as well as of persons whose data has been taken over by third parties, e.g. during collection of external data for business information, public directories, etc., whereby in the latter case it is exclusively a matter of personal data of a common/ordinary nature.
b) The Supplier guarantees, within the framework of the law, that the processing of personal data will be carried out in respect of fundamental rights and freedoms as well as in respect of the dignity of the interested person, with particular reference to confidentiality, to personal identity, and to the right of the protection of personal data.
12) Place of jurisdiction and applicable law
a) In accordance with the provisions of Art. 3 and Art. 5 of the Regulation (EC) No 593/2008, it is agreed that the present contract shall be governed by German law.
b) The sole place of jurisdiction for orders placed by merchants, legal entities under public law or public law special funds is the registered office of the Supplier.
c) Unless otherwise expressly stipulated herein, the statutory provisions applicable to the business relations and business cases provided for in this contract shall apply.
13) Final provisions
a) The following contractual languages shall apply: German, Italian, English.
b) We do not offer products or services for purchase by minors. Our products for children can only be purchased by adults. If you are under 18, you may only use The Boutique Tours with the assistance of a parent or legal guardian.
c) If you violate these GT&Cs and we do not take action, we are still entitled to exercise our rights on any other occasion in which you violate these Terms of Sale.
d) The ineffectiveness of a provision does not affect the effectiveness of the other provisions of the contract. Should this occur, the meaning and purpose of the provision shall be replaced by another legally permissible provision that is consistent with the meaning and purpose of the ineffective provision.
e) Version: These GT&C bear the version number AGB.2021.1, as of March 2021.