§ 1 Scope of Application and Provider
(1) These General Terms and Conditions apply to all bookings of excursions, activities, tours, and consulting services concluded via the website https://tt-guide.com/en/, as well as via the communication channels specified thereon (email, WhatsApp, Messenger, telephone), between the customer and the provider:
TT-Guide GbR
Oderstraße 47
36214 Nentershausen
Contact: Email: mail@tt-guide.com
Telephone: +49 6627 915 73 79
WhatsApp: +216 56 550004
(hereinafter referred to as the „Provider“).
(2) The version of these General Terms and Conditions valid at the time of booking shall be authoritative. Any deviating terms and conditions of the customer shall not become part of the contract unless the Provider expressly agrees to their applicability in writing.
(3) The contract language is German.
§ 2 Subject Matter of Services and Status of the Provider
(1) The Provider acts as an intermediary for individual tourism services—specifically excursions and activities on the island of Djerba, on the surrounding Tunisian mainland, and on the water (e.g., horseback riding tours, quad and buggy tours, island sightseeing tours, boat tours, desert tours)—as well as for consulting services.
(2) The Provider acts exclusively as an intermediary for these individual services. The respective activity is carried out by the local service provider (Tour Partner); this entity becomes the customer’s contractual partner for the execution of the activity. The Provider is not a tour operator; it does not compile package tours or linked travel arrangements within the meaning of Sections 651a et seq. of the German Civil Code (BGB).
(3) Each activity is brokered separately. Any bundling of multiple types of travel services into a single overall package shall take place only following prior written agreement. (4) The scope of the specific service brokered is defined by the detailed service description provided on the website or by the individual booking confirmation.
§ 3 Booking and Conclusion of Contract
(1) The presentation of offers on the website does not constitute a binding offer, but rather an invitation to submit a booking inquiry.
(2) By submitting a booking inquiry (e.g., via form, email, or messaging service), the customer submits a binding offer to conclude a brokerage agreement.
(3) The brokerage agreement between the Provider and the Customer is concluded upon receipt of the Provider’s booking confirmation by the Customer. Simultaneously with the booking confirmation—unless stated otherwise—a contract for the performance of the activity is concluded between the Customer and the respective local service provider.
§ 4 Prices and Payment
(1) The prices stated in the booking confirmation at the time of booking shall apply.
(2) The payment terms (timing, method, and amount of any required deposit) will be communicated to the Customer along with the booking confirmation.
§ 5 Cancellation by the Customer
(1) The Customer may cancel booked excursions and activities at any time prior to the commencement of the service. Cancellations must be submitted in text form (e.g., via email or WhatsApp) and become effective upon receipt by the Provider.
(2) In the event of cancellation, the Customer will be charged a flat-rate cancellation fee. The amount of this fee is determined by the time at which the cancellation notice is received by the Provider, relative to the agreed date of service:
Time of Cancellation | Cancellation Fee. From the time of reservation up to 1 week (7 days) prior to the date of service | 20% of the booking price. From 1 week (less than 7 days) prior to the scheduled service date up until the commencement of the service: 50% of the booking price.
(3) The cancellation fee constitutes a liquidated sum intended to compensate for the expenses incurred and the loss of profit resulting from the cancellation.
(4) The customer expressly reserves the right to provide evidence that the cancellation resulted in no damage to the provider, or in damage substantially lower than the respective flat-rate fee. In such a case, only the actual, lower amount incurred shall be payable.
(5) Should the customer fail to appear at the agreed service date without prior cancellation (a „no-show“), or fail to utilize the booked service, the full payment for the excursions and activities shall be deemed immediately due and payable; Paragraph 4 remains unaffected.
§ 6 Rebooking
Rebooking to a different date or a different activity is possible, subject to availability and prior arrangement with the provider. The provider shall endeavor to accommodate rebooking requests to the greatest extent possible.
§ 7 Withdrawal and Cancellation by the Provider
(1) The Provider may cancel an excursion or activity if its execution is unreasonable or impossible due to force majeure—specifically due to weather conditions, official directives, or safety reasons.
(2) In such a case, the Provider shall, whenever possible, offer the Customer an alternative date or an equivalent alternative. If no agreement is reached, payments already made for the unperformed service shall be refunded. Any further claims by the Customer are excluded in this case, provided that the Provider is not at fault.
§ 8 Customer’s Duties of Cooperation and Conduct
(1) The Customer must appear at the agreed meeting point at the agreed time.
(2) The Customer must comply with the instructions of the Provider or the guides deployed on-site, particularly regarding safety matters.
(3) The Customer is obliged to disclose any health limitations that could preclude participation in an activity prior to booking. Participation in physically demanding activities takes place within the scope of the Customer’s own physical fitness.
§ 9 Liability
(1) The Provider shall be liable without limitation for damages resulting from injury to life, body, or health caused by an intentional or negligent breach of duty, as well as for other damages caused by an intentional or grossly negligent breach of duty.
(2) For other damages, the Provider shall be liable only in the event of a breach of a material contractual obligation (cardinal duty), and in such a case, liability shall be limited in amount to the foreseeable damage typical for the contract.
(3) Insofar as the Provider acts merely as an intermediary for services provided by external partners (§ 2 Para. 3), the Provider shall not be liable for the provision of these third-party services themselves, but only for the proper arrangement thereof.
(4) Any further liability is excluded. The foregoing limitations of liability shall not apply insofar as they conflict with mandatory statutory provisions.
§ 10 Right of Withdrawal
In the case of contracts for services related to leisure activities that provide for a specific date or period for their performance, there is, in principle, no statutory right of withdrawal pursuant to Section 312g Para. 2 No. 9 of the German Civil Code (BGB). The cancellation policy set forth in Section 5 of these Terms and Conditions remains unaffected hereby.
§ 11 Data Protection
Information regarding the processing of personal data can be found in the Privacy Policy available at https://tt-guide.com/en/data-protection/.
§ 12 Final Provisions
(1) The applicable law of the Federal Republic of Germany shall govern. Mandatory consumer protection provisions of the state in which the customer has their habitual residence shall remain unaffected.
(2) Should any provision of these Terms and Conditions be or become invalid, the validity of the remaining provisions shall remain unaffected.
(3) The European Commission operates an online dispute resolution platform for the out-of-court settlement of consumer disputes. The Provider is not obliged to participate in dispute resolution proceedings before a consumer arbitration board.