General terms & conditions
General Terms and Conditions for the provision of services by Best Hikes Bavaria, Pognerstraße 22, 81379 Munich, Email: besthikesbavaria@gmail.com (hereinafter referred to as the "Contractor") to its customers (hereinafter referred to as the "Client")
1. General Provisions
1.1 These General Terms and Conditions (GTC) for the provision of services apply to contracts concluded between the Client and the Contractor incorporating these GTC.
1.2 The Contractor is entitled to subcontract required services in their own name and at their own expense to subcontractors, who may themselves use further subcontractors. The Contractor remains the sole contractual partner of the Client. Subcontractors will not be engaged if it is evident to the Contractor that their engagement would conflict with the legitimate interests of the Client.
1.3 If other contractual documents or business terms in written or text form become part of the agreement in addition to these GTC, the provisions of those other documents take precedence in case of conflict.
1.4 The Contractor does not recognize any terms and conditions used by the Client that deviate from these GTC, unless expressly agreed otherwise.
2. Subject of the Contract and Scope of Services
2.1 The Contractor, as an independent entrepreneur, provides the following services to the Client:
Organizing guided hiking tours in Bavaria, including transport and mountain hiking guide services.
2.2 The specific scope of services is subject to individual agreements between the Contractor and the Client, as detailed on the website www.besthikesbavaria.com.
2.3 The Contractor shall perform the agreed services with the utmost care and diligence in accordance with the latest standards, rules, and findings.
2.4 The Contractor is obligated to perform the agreed services but is not subject to any instructions regarding how, where, or when the services are provided. However, the Contractor will schedule the workdays and time in a way that ensures optimal efficiency in fulfilling the contract. Services will be performed in coordination with the Client.
3. Client’s Duty to Cooperate
The Client is responsible for providing complete and accurate information, data, and other content necessary for the fulfillment of the contract. The Contractor is not liable for delays in service provision resulting from late or incomplete cooperation by the Client. The provisions under "Liability / Indemnification" remain unaffected.
4. Compensation
4.1 Compensation is individually agreed and can be found in the offer on the website www.besthikesbavaria.com.
4.2 Payment is due after the service is rendered. If payment is time-based, it is due at the end of each period (§ 614 BGB). For effort-based billing, the Contractor may issue monthly invoices unless agreed otherwise.
4.3 The Contractor will send the Client an invoice by email (e.g., as a PDF) upon booking. Payment is due within 14 days of receiving the invoice.
5. Liability / Indemnification
5.1 The Contractor is fully liable for intent or gross negligence, for injury to life, body, or health caused by intent or negligence, under a guarantee (if applicable), or where mandatory legal liability applies. In cases of negligent breach of essential contractual obligations, liability is limited to foreseeable, typical damages unless otherwise specified. Essential obligations are those necessary to fulfill the purpose of the contract, whose fulfillment enables proper execution and on which the Client may rely. All other liability is excluded. These liability rules also apply to the Contractor’s agents and legal representatives.
5.2 The Client shall indemnify the Contractor from any third-party claims arising from the Client’s breach of these terms or applicable laws.
5.3 The Contractor and their agents (e.g., mountain hiking guides) are not liable for accidents, injuries, or death that do not fall under the liability conditions described in section 5.1.
6. Contract Duration and Termination
6.1 The contract duration is individually agreed based on the offer on the website www.besthikesbavaria.com.
6.2 The Client may terminate the contract without cause within 24 hours after booking.
6.3 Extraordinary termination by the Client is permitted for the following reasons: illness (with medical certificate) or death of a first-degree family member.
6.4 The Contractor reserves the right to extraordinary termination for insufficient participant numbers (minimum 4 participants per tour), bad weather, or unforeseen events.
7. Premature Termination by the Client
7.1 If the Client must discontinue the tour due to lack of fitness, illness, or other reasons, they are responsible for organizing and paying for their return.
7.2 In such cases, no refund will be provided.
8. Confidentiality and Data Protection
8.1 The Contractor will treat all information received in connection with the contract as strictly confidential and will ensure that all employees and third parties with access to such information are also bound to confidentiality. This obligation remains in effect indefinitely, even after the end of the contract.
8.2 The Contractor commits to complying with all data protection regulations, especially the GDPR and the German Federal Data Protection Act.
9. Final Provisions
9.1 German law applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
9.2 If any provision of these GTC becomes invalid, the rest remain unaffected.
9.3 The Client shall support the Contractor with reasonable cooperation necessary to perform the agreed services, including providing all required information and data.
9.4 If the Client is a merchant, legal entity under public law, or has no general legal venue in Germany, the place of jurisdiction is the Contractor’s registered office. Exclusive legal jurisdictions remain unaffected.
9.5 The Contractor may amend these GTC for legitimate reasons (e.g., changes in law, case law, market conditions, or business strategy) with reasonable notice. Existing customers will be notified by email at least two weeks before changes take effect. If the customer does not object within the stated period, their consent is deemed given. If they object, the changes will not apply, and the Contractor may terminate the contract at the time the changes would have taken effect. The change notice will inform the customer of the deadline and consequences of objection or silence.
10. Information on Online Dispute Resolution / Consumer Arbitration
The EU Commission provides an online platform for dispute resolution:
https://ec.europa.eu/consumers/odr
This platform is a contact point for resolving disputes arising from online purchases or service contracts involving a consumer.
The provider is neither willing nor obligated to participate in consumer arbitration under the German Consumer Dispute Resolution Act (VSBG).
Our email address is listed in the header of these GTC.