Dear guests, WineStreet takes you on an unforgettable journey through the wine regions around Heidelberg, Hesse and Rhineland-Palatinate and introduces you to traditional, dynamic top winemakers in the region. Our tours are perfectly organized in small groups with authentic experiences and are suitable for international tourists, local guests, local companies, tour operators, travel agencies, clubs, hotels, bus companies and tour groups. WineStreet also offers online events of a similar nature.
The following conditions, insofar as they have been effectively agreed upon, are the contents for the contract between WineStreet Wittig Viegas UG (haftungsbeschränkt)—hereinafter referred to as “WineStreet”—and regulate the contractual relationship, in addition to the statutory provisions between you—hereinafter referred to as “Guest”—and WineStreet, or in the case of an intermediary (such as tour operators, bus companies, event and incentive agencies, school classes, clubs, associations, and other companies)—hereinafter referred to as “Broker”—between the Broker and WineStreet.
Please read these conditions carefully.
§ 1 Legal basis, terms and conditions of the Guest and/or Broker
German law applies to the contract between you and WineStreet, both now and in the future, according to the German Civil Code.
¶ 1. For the contractual relationship between the Guest or Broker, and WineStreet, these terms and conditions primarily apply, alternatively the statutory provisions on the contract for work, §§ 631 ff. BGB.
¶ 2. WineStreet does not provide all of the main tourist services in the sense of §§ 651a ff. BGB (regulations on the package tour contract) and is therefore not a package tour operator within the meaning of the legal provisions.
¶ 3. German law applies exclusively to the entire legal and contractual relationship between WineStreet and the Guest.
¶ 4. With regards to brokers within the meaning of § 14 of the German Civil Code (BGB), these contractual conditions also apply to future contracts, even if WineStreet has not explicitly referred to them again or declared them applicable when the contract was concluded. In the case of contracts with brokers, their terms and conditions are not valid, even if they have been referred to by the broker when placing the order and have been declared applicable, and also not if WineStreet has not contradicted these conditions.
§ 2 Procurement of external services
WineStreet is not liable for additional services not covered by the contract made with you.
¶ 1. Insofar as WineStreet provides supplementary services in addition to the contractually agreed services, in particular excursions, tours, gastronomic services, travel, accommodation services, tickets or other services, and clearly indicates their placement in the booking confirmation, WineStreet is not liable for the services, the accuracy of the description of services, prices, as well as personal injury or property damage, unless the breach of any intermediary obligations by WineStreet has become the cause of the damage.
§ 3 Conclusion of contract
The content, scope, process of booking, and the contractual relationship between WineStreet and you are based on our service description. These are binding when you complete the booking process.
¶ 1. With the booking, the Guest or Broker offers WineStreet a binding conclusion of the contract. This offer is based on WineStreet’s service description, the additional information in the booking basis and these contractual terms.
¶ 2. Brokers are not authorized to make agreements, provide information, or make assurances that change the agreed content of the contract, go beyond the contractually agreed services of WineStreet, or in contradiction to the standing service description of WineStreet.
¶ 3. The booking can be made verbally, in writing, by telephone or electronically (email, internet, website). In the case of electronic bookings, the Guest or Broker receives electronic confirmation that the booking has been received. This confirmation of receipt does not yet constitute a booking confirmation and does not constitute a claim to the conclusion of the contract according to the booking requests of the Guest or Broker.
¶ 4. If the Guest or Broker book the services of WineStreet alone or in private groups, each Guest is a contract partner of WineStreet. The person who makes the booking is responsible for the contractual obligations of all participants booked as well as for their own, if they have assumed this obligation by express and separate agreement.
¶ 5. In the case of a Broker, they become the responsible contractual partner for WineStreet. The Broker has the full obligation for the total price of all booked services or customers.
¶ 6. The contract is concluded upon receipt of the declaration of acceptance, which does not require any form, with the result that verbal, telephone and electronic confirmations are also legally binding for the Guest or Broker. As a rule, WineStreet will also send a written copy of the booking confirmation to the Guest or Broker.
¶ 7. If WineStreet makes a special offer at the request of the Guest or Broker, then, contrary to the above regulations, this constitutes a binding contractual offer from WineStreet to the Guest or Broker. In these cases, the contract comes into being without the need for a corresponding reconfirmation by WineStreet if the Guest or Broker accepts this offer within the period specified in the offer without restrictions, changes or extensions by express declaration, down payment or final payment.
§ 4 Reservations
Reservations can be made directly with WineStreet, with expiring and cancellation options as agreed with us.
¶ 1. Non-binding reservations that entitle the Guest or Broker to withdraw free of charge are only possible with the corresponding express agreement with WineStreet.
¶ 2. For the Guest or Broker, reservations can also be agreed as a fixed option (the booking becomes binding if it is not cancelled within the agreed period) or expiration option (the booking expires if it is not confirmed within the agreed period). Unless otherwise expressly agreed, options are generally options for expiration.
¶ 3. If no non-binding reservation has been expressly agreed, the booking in accordance with section 2 of these conditions will generally result in a legally binding contract for WineStreet and the Guest or Broker.
¶ 4. If a non-binding reservation has been agreed with private guests, the Guest or Broker must notify WineStreet by the agreed date if the reservation is to be treated as a binding booking. If this does not happen, the reservation is cancelled without further notification from WineStreet. If the notification is made, the booking becomes binding regardless of a booking confirmation that may still be made by WineStreet.
§ 5 Prices and services
The prices and configuration of services from WineStreet result from the content of the offer.
¶ 1. The prices stated in the offer are final prices and include all additional costs, unless otherwise stated with regards to the additional costs. The prices apply per person.
¶ 2. The services owed by WineStreet result exclusively from the content of the offer or the booking confirmation in connection with the valid offer or the service description, as well as from any additional agreements expressly made with the Guest or Broker. The Guest or Broker is recommended to take additional agreements in writing.
¶ 3. After the conclusion of the contract and if there are more than four months between the conclusion of the contract and the agreed start of the service, WineStreet can increase the price by up to 5% for the following factual reasons, which were not foreseeable when the contract was concluded: tax increases, exchange rate changes in foreign currency agreements, increases in material or personnel costs, increase of entrance fees, taxes and duties.
¶ 4. WineStreet can also change the prices if the Guest or Broker subsequently requests changes in the number of guests booked, the procedure, the services, or the service duration, subsequently agreed by WineStreet.
¶ 5. For changes to bookings (changes regarding the start, end of service, duration, and other additional services) for which there is no legal entitlement, WineStreet can charge a rebooking fee according to the following rates:
- Changes up to 7 days before the planned tour or event will be free of charge.
- Changes between 2–7 days before the planned tour or event will be charged 12.5% in addition to the original booking price.
- Changes up to 2 days (48 hours) before the planned tour or event will be charged 25% in addition to the original booking price.
This does not apply if the change is only minor.
§ 6 Change in services
WineStreet may do small insignificant changes to the service, such as taking a slightly different route. These changes will always be communicated to you.
¶ 1. Changes to essential contractually agreed services that become necessary after the contract has been concluded, and which WineStreet has not brought about in good faith, are only permitted insofar as the changes are insignificant and do not affect the overall layout of the contractual services.
¶ 2. In principle, no exact adherence to the route and the process can be guaranteed for excursions. Route changes and the change of program items are expressly reserved for factual reasons (e.g. traffic jams, closures, construction sites, overcrowding of individual inspection points). It may also be necessary for factual reasons to replace individual programme or visit points with other, equivalent ones.
¶ 3. Any warranty claims remain unaffected insofar as the changed services are defective.
¶ 4. WineStreet will inform the Guest or Broker about major changes in services immediately after becoming aware of the reason for the change.
¶ 5. In the event of a significant change to an essential service, the Guest or Broker is entitled to withdraw from the contract free of charge. Further claims are excluded.
§ 7 Payment
Payment for services is made in Euros and is due as arranged by the booking confirmation or prior arrangement with WineStreet.
¶ 1 The due date of payments is based on the arrangement made with the Guest or Broker, and noted in the booking confirmation.
¶ 2. If a special agreement has not been made, the following payment regulations apply to the Broker of guest groups: the Broker must pay the total price in cash immediately before the agreed service has been provided. Credit card payments are possible if this has been agreed with WineStreet in individual cases.
¶ 3. Payments made by prior arrangement are due 7 days before the tour or event. The Guest or Broker are in default without a reminder if due claims are not settled 7 days before the tour or event. WineStreet’s claim is interest for Brokers at 8% above the base rate, and Guests at 5% above the base rate. WineStreet reserves the right to assert further damage.
¶ 4. If payments or remaining payments are not due on the agreed dates despite the due date, WineStreet is entitled to withdraw from the contract after a reminder with setting a deadline and to charge the Guest or Broker costs in accordance with § 7 ¶ 3. to burden these conditions.
¶ 5. Payments in foreign currencies and with crossed checks are not possible.
§ 8 Withdrawal and non-use of the services by the Guest or Broker
Cancellations before the tour or event are free of charge up to a certain date before the start of the tour or event. Beyond that date, WineStreet may charge you.
¶ 1. In the event of withdrawal or non-use of the services without a declaration of withdrawal, WineStreet’s claim to payment of the agreed price, including the fees for additional services, remains.
¶ 2. In the case of cancellation before a tour, the cancellation must be made in writing. WineStreet is free to lump sum compensation claims as follows:
- Cancellations up to 7 days before the planned tour will be fully refunded.
- Cancellations between 2–7 days before the planned tour will be charged 50% of the original booking price.
- Cancellations up to 2 days (48 hours) before the planned tour will be charged 100% of the original booking price.
¶ 3. In the case of cancellation before an event, the cancellation must be made in writing. WineStreet is free to lump sum compensation claims as follows:
- Cancellations up until the shipment of event goods will be fully refunded.
- Cancellations after shipment of event goods between the shipment and 2 days before the planned event will be charged 50% of the original booking price.
- Cancellations after shipment of event goods up to 2 days (48 hours) before the planned event will be charged 100% of the original booking price.
- Shipped event goods are non-refundable.
¶ 4. A cancellation is generally only valid with a written cancellation confirmation to the client.
§ 9 Obligations of the Guest or Broker
If you see something wrong, you should tell WineStreet so that we have a chance to fix it. Pets are not allowed without WineStreet’s consent. If you grossly misbehave, WineStreet can terminate the contract with you without notice.
¶ 1. The Guest or Broker are compelled to immediately report any defects and malfunctions to WineStreet or their agents and to request corrective action. If the notice of defects is culpably omitted, claims of the guest can be omitted in whole or in part.
¶ 2. The Guest or Broker can only terminate the contract in the event of significant defects or disruptions. The Guest or Broker has to set WineStreet a reasonable deadline to correct the defect, unless the correction is impossible, is refused by WineStreet, or the immediate termination is objectively justified by a special interest of the Guest or Broker recognizable by WineStreet, or the continuation of the contract is unreasonable for such reasons.
¶ 3. Pets, dragons, and large or bulky luggage are only permitted if expressly agreed with WineStreet.
¶ 4. WineStreet may terminate the contract without notice if, despite a warning, the Guest or Broker persistently disrupts the course of the event, or if the Guest or Broker behaves in a manner contrary to the contract to such an extent that the immediate termination of the contract is justified. If WineStreet terminates the contract, the provisions of § 8 apply accordingly to WineStreet’s claim for payment.
§ 10 Alcohol Consumption
The consumption of alcohol on WineStreet’s tours and events is bound to German Law.
¶ 1. People of all ages are welcome at WineStreet tours and events, and we guide ourselves by the German Protection of Young Persons Act (Jugendschutzgesetz) with regards to the serving of wine or other alcoholic beverages throughout our tours and events. That means that minors of 14 years and older are allowed to drink alcoholic beverages as long as accompanied and permitted by a custodial person, and minors of 16 years and older are allowed the same alcoholic beverages without such a custodial person.
§ 11 Liability
WineStreet is not liable for external services that are not agreed to in the booking contract.
¶ 1. WineStreet’s contractual liability for damage that is not physical damage is limited to three times the total service price, insofar as WineStreet’s damage is not caused intentionally, or through gross negligence, or if WineStreet is responsible for damage incurred by the Guest solely due to the fault of a vicarious agent secondary agent.
¶ 2. WineStreet is not liable for service disruptions in connection with services which, in addition to the ones advertised to the Guest or Broker, can only be mediated by the Guest or Broker as external services (e.g. transport, events, theatre visits, boat trips, etc.).
§ 12 Limitation period
Claims against WineStreet are limited to the period of one year.
¶ 1. Claims from the Guest or Broker against WineStreet with regards to the contract, for whatever legal reason — with the exception of claims from the Guest or Broker from wrongdoing — expire after one year.
¶ 2. The limitation period begins at the end of the year in which the claim arose, and the Guest or Broker established the claim, and WineStreet as a debtor gained knowledge of it or should have gained it without gross negligence.
¶ 3. If negotiations are pending between the Guest or Broker about asserted claims or the circumstances giving rise to the claim, the limitation period is suspended until either the Guest or Broker, or WineStreet refuses to continue the negotiations. The prescribed limitation period of one year comes into effect at the earliest 3 months after the end of the suspension.
§ 13 Choice of law and place of jurisdiction
German law applies to the contractual relationship between you and WineStreet.
¶ 1. German law applies exclusively to the contractual relationship between the Guest or Broker and WineStreet. The same applies to any other legal relationship.
¶ 2. The Guest or Broker can only sue WineStreet at their registered office.
¶ 3. For WineStreet’s lawsuits against the Guest or Broker, the Guest’s or Broker’s place of residence is decisive. For lawsuits against a Guest or Broker who are merchants, legal entities under public or private law or persons who have their residence/place of business or habitual residence abroad, or whose residence/place of business or habitual residence are not known at the time, the lawsuit is filed the place of jurisdiction is WineStreet’s registered office.