MucTours GmbH – Tour & Event Services
1. Scope and Parties
1.1 These Terms and Conditions („T&Cs“) govern all contracts between MucTours GmbH, Amalienstr. 77, 80799 München („the Organiser“) and the Customer for the booking of tours, excursions, guided walks, cycling tours, city tours, experience events, corporate away-days, and team-building activities.
1.2 These T&Cs apply to:
- Private individuals („Private Customers“) acting for purposes outside their trade or profession
- Businesses, organisations, and other legal entities („Corporate Customers“) acting in the course of their trade or profession
1.3 Any conflicting terms and conditions of the Customer shall not apply unless the Organiser has expressly agreed to them in writing.
1.4 Additional terms applicable to Corporate Customers are set out in Clause 11 of these T&Cs.
2. Booking and Formation of Contract
2.1 Booking requests may be submitted by email, telephone, online booking form, or in writing. By making a booking request, the Customer makes a binding offer to enter into a contract.
2.2 A contract is formed upon:
- Written booking confirmation sent by the Organiser via email, or
- Express verbal confirmation, which shall be confirmed in writing without undue delay
2.3 The Organiser reserves the right to decline any booking request without giving reasons.
2.4 The Customer is responsible for checking the booking confirmation promptly and reporting any errors to the Organiser within 48 hours of receipt.
2.5 Group bookings of 8 or more persons must always be confirmed in writing.
3. Prices and Payment
3.1 All prices are quoted in Euro (EUR) and are inclusive of VAT at the applicable rate, unless expressly stated otherwise.
3.2 Payment is due as follows:
- Private tours between 5 and 15 persons): full payment due no later than 14 days before the tour date
- Corporate events: deposit of 30% due upon receipt of booking confirmation; balance due 21 days before the event date
3.3 For bookings made with less than 14 days‘ notice, the full amount is due immediately upon booking confirmation.
3.4 Accepted payment methods include: bank transfer, credit/debit card, and PayPal (subject to availability). Cash payment on the day may be agreed in advance.
3.5 In the event of late payment, the organizer is entitled to charge interest on arrears at a rate of 5 percentage points (private customers) or 9 percentage points (corporate customers) above the base rate.
4. Cancellation by the Customer – Private Customers (exclusive regular tours)
The following cancellation schedule applies to Private Customers (exclusive regular tours):
| Notice Period Before Event | Cancellation Fee (Private Tours) | |
|---|---|---|
| More than 30 days before event | No charge | |
| 15–30 days before event | 25% of total booking value | |
| 8–14 days before event | 50% of total booking value | |
| 2–7 days before event | 75% of total booking value | |
| Less than 48 hours / No-show | 100% of total booking value |
The following cancellation schedule applies to Private Customers (Oktoberfest tours):
| Notice Period Before Event | Cancellation Fee (Private Tours) | |
|---|---|---|
| More than 90 days before event | No charge | |
| 60–89 days before event | 25% of total booking value | |
| 30–59 days before event | 50% of total booking value | |
| 6–29 days before event | 75% of total booking value | |
| Less than 120 hours / No-show | 100% of total booking value |
4.1 The cancellation period is calculated from the date on which the Organiser receives the Customer’s written cancellation notice (email is sufficient).
4.2 The Customer retains the right to demonstrate that the Organiser has suffered no loss or a lesser loss than the cancellation fee charged.
4.3 The Organiser strongly recommends that Private Customers take out appropriate travel cancellation insurance.
4.4 Refunds for online payments will be returned to the original payment method within 14 working days of the cancellation notice being received.
5. Cancellation by the Customer – Corporate Customers
The following cancellation schedule applies to Corporate Events:
| Notice Period Before Event | Cancellation Fee (Corporate Events) | |
|---|---|---|
| More than 60 days before event | No charge | |
| 31–60 days before event | 20% of total booking value | |
| 15–30 days before event | 40% of total booking value | |
| 8–14 days before event | 60% of total booking value | |
| 2–7 days before event | 80% of total booking value | |
| Less than 48 hours / No-show | 100% of total booking value |
5.1 Third-party costs already committed by the Organiser on behalf of the Corporate Customer (e.g. coach hire, venue deposits, catering, specialist guides) will be passed on at actual cost, even where this exceeds the percentages shown above.
5.2 Partial cancellations (reduction in participant numbers) are permitted up to 10 days before the event. A reduction to below 70% of the originally booked number of participants will be treated as a full cancellation.
5.3 A single free-of-charge postponement is available, provided the request is made in writing at least 30 days before the original event date and the new date is agreed by both parties.
6. Cancellation and Changes by the Organiser
6.1 The Organiser reserves the right to cancel or reschedule an event where:
- The minimum number of participants is not reached (the Customer will be notified no later than 7 days before the event)
- Force majeure, severe weather conditions, or official government or regulatory requirements prevent safe delivery of the event
- Other significant reasons arise that are outside the Organiser’s reasonable control
6.2 In the event of cancellation by the Organiser, the Organiser will refund all sums already paid in full within 14 working days. No further compensation will be payable unless the cancellation results from the Organiser’s negligence or wilful default.
6.3 Where an event is cancelled due to bad weather, the Organiser will endeavour to offer an alternative date. The Customer is under no obligation to accept the alternative.
7. Amendments and Substitution of Participants
7.1 Amendment requests (change of date, time, or tour type) are subject to an amendment fee of:
- Private Customers: EUR 15.00 per amendment
- Corporate Customers: EUR 30.00 per amendment
7.2 Amendments are free of charge where the new date is at least 30 days after the amendment request and an equivalent service is booked.
7.3 The Customer may substitute a named participant up to 48 hours before the event start, provided the substitution is notified in writing. Any additional costs arising from the substitution (e.g. price differences) are payable by the Customer.
8. Services and Programme Changes
8.1 The exact scope of services is set out in the booking confirmation and the relevant service description (website, brochure, or bespoke quotation).
8.2 The Organiser reserves the right to substitute individual programme elements with reasonable alternatives where required by weather, safety considerations, or circumstances beyond the Organiser’s control.
8.3 Items not included in the base price and expressly designated as optional extras (e.g. meals, admission tickets, transfers) will be charged separately.
9. Participant Responsibilities and Conduct
9.1 Participants are required to follow all instructions given by the guide or event leader, particularly in relation to safety requirements.
9.2 The Organiser reserves the right to remove from an event any participant who breaches safety requirements or materially disrupts other participants. No refund will be due in such circumstances.
9.3 The Customer must disclose at the time of booking any relevant health conditions, physical limitations, or special requirements affecting participants. The Organiser may decline a booking or impose additional conditions on this basis.
9.4 Participants under 18 years of age must be accompanied by a parent, legal guardian, or a written-authorised responsible adult, unless otherwise expressly agreed in writing.
10. Liability
10.1 Nothing in these T&Cs shall limit or exclude the Organiser’s liability for death or personal injury caused by its negligence, or for fraud or fraudulent misrepresentation, or for any other liability that cannot be excluded by law.
10.2 Subject to Clause 10.1, the Organiser’s liability to Private Customers for loss or damage that is not foreseeable or not caused by the Organiser’s breach is excluded. Liability to Corporate Customers for indirect or consequential loss (including loss of profit, revenue, or reputation) is excluded to the fullest extent permitted by law.
10.3 The Organiser’s total liability to a Corporate Customer in respect of any one event shall not exceed the total fees paid by that Corporate Customer for the relevant event.
10.4 The Organiser shall not be liable for loss of or damage to personal property, vehicles, or equipment brought to events, unless caused by the Organiser’s negligence.
10.5 For Private Customers, the Organiser’s obligations under the Consumer Rights Act 2015 and any other applicable consumer protection legislation remain unaffected.
11. Additional Terms for Corporate Customers
11.1 The following provisions apply to Corporate Customers in addition to the foregoing clauses.
11.2 Bespoke Agreements: Individual arrangements for corporate events, including pricing, scope of services, and cancellation terms, must be agreed in writing and shall take precedence over these T&Cs where they conflict.
11.3 Invoicing: Corporate Customers will receive a VAT invoice. Payment terms are 14 days from the invoice date, unless otherwise agreed in writing.
11.4 Authority to Book: The Corporate Customer warrants that the individual making the booking has authority to bind the organisation. The organisation is liable for all obligations entered into by that individual.
11.5 Data Protection and Participant Lists: Corporate Customers are responsible for ensuring that any personal data of participants shared with the Organiser is provided in compliance with the data protection regulations (GDPR), including obtaining necessary consents.
11.6 Framework Agreements: For recurring events, a separate framework agreement may be negotiated. Terms will be set out in a dedicated written agreement.
12. Data Protection
12.1 The processing of customers‘ personal data is carried out exclusively in accordance with the applicable data protection laws (in particular the GDPR and BDSG) and the organizer’s privacy policy.
12.2 The Organiser will only use personal data for the purpose of providing the booked services and, where consented to, for marketing communications.
13. Photography and Video
13.1 The Organiser may take photographs and video footage during events for marketing purposes.
13.2 Participants who do not wish to be photographed or filmed should notify the guide at the start of the event.
13.3 For Corporate Events: photography or filming requires the prior written consent of the Corporate Customer. Any use beyond the agreed purpose requires a separate written consent.
14. Consumer Cancellation Rights
14.1 Under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, Private Customers booking leisure services for a specific date or period do not have a statutory 14-day right to cancel (Regulation 28(1)(h)).
14.2 Where a statutory right of cancellation does apply (e.g. for certain distance contracts), the Organiser will provide a cancellation notice with the booking confirmation in accordance with the Regulations.
15. Intellectual Property
15.1 All itineraries, route descriptions, programmes, and other materials produced by the Organiser remain the Organiser’s intellectual property and may not be reproduced or shared without prior written consent.
16. Complaints
16.1 Any complaints should first be raised with the guide or event leader during the event where practicable. Formal complaints must be submitted in writing to info@muctours.de within 28 days of the event date.
16.2 The Organiser will acknowledge complaints within 5 working days and aim to resolve them within 28 days.
17. General
17.1 Governing Law: These T&Cs and any dispute or claim arising out of or in connection with them shall be governed by and construed in accordance with the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods.
17.2 Jurisdiction: The place of jurisdiction for all disputes arising from the contractual relationship with corporate customers is Munich, Germany. For consumers, the statutory place of jurisdiction applies.
17.3 Severability: If any provision of these T&Cs is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
17.4 Entire Agreement: These T&Cs, together with the booking confirmation and any bespoke written agreement, constitute the entire agreement between the parties in relation to the services booked.
17.5 Written Communications: References to writing or written notice in these T&Cs include email.
MucTours
Angaben gemäß § 5 TMG
MucTours GmbH, Sitz: München
Handelsregister: HRB 252280
Registergericht: Amtsgericht München
Vertreten durch Geschäftsführer:
Alex Wulkow, Philip Essinger
Umsatzsteuer-Identifikationsnummer
gemäß §27 a Umsatzsteuergesetz:
DE326650152
KONTAKT
MucTours GmbH
Amalienstr. 77 (im Gartenhaus)
80799 München
Telefon: +49-89-4613891-0
E-Mail: info ät muctours.de