General Terms and Conditions (GTC) of www.dom-guide.com
§ 1 Scope of Application and Contracting Parties
(1) The following General Terms and Conditions (hereinafter referred to as "GTC") shall apply to all contracts and legally relevant acts concerning the temporary provision and use of the services of dom-guide.com.
The publisher, owner of this website, entity responsible for its content pursuant to Section 5 DDG (Digital Services Act), and Data Protection Officer within the meaning of Sections 4 and 24 DS-GVO (GDPR) is:
Wilms GmbH & Co KG, general partner with personal liability: Wilms Verwaltungs-GmbH, Managing Director Mr. Achim Wilms, Rönsahler Straße 3–17, 51069 Cologne, info@domguide.com, Commercial Register (HRA) 17309, Local Court (Amtsgericht) of Cologne, Federal Republic of Germany, Business Tax ID (W-IdNr.) DE813527612-00001.
Upon the Customer's use of the content provided by dom-guide.com in accordance with the following terms, a contract shall be formed
between
Wilms GmbH & Co. KG (hereinafter referred to as "Provider")
and
the Customer (hereinafter referred to as "Customer")
regarding the provision of services via the Provider’s website and the payment thereof by the Customer. Upon entering into this agreement, the Customer acknowledges the following GTC of dom-guide.com as contractual terms.
(2) This offer is directed both at consumers within the meaning of Section 13 BGB (German Civil Code) and at entrepreneurs within the meaning of Section 14 BGB (e.g., commercial tour guides, tour operators).
(3) Deviating or conflicting terms and conditions of the Customer shall have no legal effect unless the Provider has expressly agreed to them in writing.
§ 2 Subject Matter of the Contract, Duration, and Scope of Services
(1) The subject matter of the contract is the granting of the right to use the digital audio guide for Cologne Cathedral via the members' area of the Provider's website for a fixed period of 7 days ("7-Day Pass").
(2) Use shall take place via streaming through the dom-guide.com website. The data is loaded and played back immediately. Temporary caching occurs briefly in the random access memory (RAM) or cache, which is automatically deleted after closing the website. By using the content of dom-guide.com, the Customer does not acquire the right to download, permanently store, or transfer the content to third parties beyond this scope.
(3) Provision is carried out purely digitally via the Internet. Following successful payment, the Customer will receive access to the restricted members' area of the website and its content for the duration of the contract term.
(4) The contractual relationship shall terminate automatically upon expiry of the 7-day period without requiring notice of termination. There shall be no automatic renewal.
(5) The right of either party to extraordinary termination for good cause remains unaffected. This right may only be exercised if continuing the contract until its regular expiry is deemed unreasonable.
§ 3 Conclusion of Contract
(1) The presentation of the product on the website does not constitute a legally binding offer, but rather a non-binding online catalog and an invitation to the Customer to submit an offer to form a contract (invitatio ad offerendum).
(2) The Customer may select the service package and, by clicking the button committing them to payment (e.g., "Order with obligation to pay" or "Buy now"), submits a binding offer to enter into a user contract.
(3) The contract is concluded when the Provider accepts the Customer's offer either by immediately activating access to the members' area or by sending an order confirmation via email.
§ 4 Prices and Terms of Payment
(1) The prices stated are final prices and include the applicable statutory value-added tax (VAT).
(2) Payment may only be made using the fee-free payment methods specified during the checkout process (in particular PayPal, credit card, Apple Pay, and Google Pay).
(3) The purchase price is due immediately upon conclusion of the contract.
§ 5 Activation, Rights of Use
(1) Access to the members' area shall be activated immediately upon confirmation of successful payment.
(2) The Customer receives a simple (non-exclusive), non-transferable right, limited to 7 days, to access the audio guide content via the website on their own end device for personal use. Any disclosure of login credentials to third parties, public playback, systematic downloading beyond the contractually necessary temporary caching in RAM, copying, or reproduction of the content is strictly prohibited; this includes, in particular, taking screenshots or similar captures and sharing them. Commercial use of the dom-guide.com content is permitted exclusively to tour guides / tourist guides when acting in their official capacity in connection with Cologne Cathedral.
(3) Rights of use to names, images, music, text, sound recordings, site plans, website designs, titles, or business designations on dom-guide.com are transferred to the Customer only to the extent essential for their personal, private use of dom-guide.com.
(4) By using the content of dom-guide.com and entering into this contract, the Customer accepts the domestic authority (Hausrecht) of Cologne Cathedral / High Cathedral Church (Hohe Domkirche) and agrees that no rights are granted to them by Cologne Cathedral / High Cathedral Church regarding the transfer, reproduction, commercial use, or sale of images, music, text, audio recordings, or site plans from dom-guide.com.
§ 6 Right of Withdrawal for Consumers
The instructions on the right of withdrawal (Widerrufsbelehrung), the statutory rights of withdrawal, and any possible waiver of these rights by the Customer (insofar as the Customer is a consumer) can be found in the footer of the dom-guide.com website. An electronic withdrawal facility is also provided there.
§ 7 Warranty and Liability
(1) Statutory warranty rights apply, subject to the following provisions:
(2) The Provider strives to ensure uninterrupted availability of the online service, but gives no guarantee for uninterrupted accessibility at all times, provided that outages are attributable to necessary maintenance work or technical disruptions beyond the Provider's control.
(3) No contractual right of exchange or return is granted. As this involves digital content made available immediately after purchase, exchanges or cancellations are excluded. The statutory right of withdrawal for consumers remains unaffected.
(4) Damages / Liability: The Provider shall generally not be liable to the Customer in cases of simple negligence for damages caused by incorrect or incomplete information on dom-guide.com, service failures, or data loss suffered by the Customer.
(5) The Provider's liability for culpable damages arising from injury to life, body, or health of the Customer remains unaffected. For other damages, the Provider shall only be liable in cases of intent and gross negligence. In the event of a breach of essential contractual obligations (cardinal duties / Kardinalpflichten), the Provider shall also be liable for simple negligence, limited however to compensation for foreseeable damage typical for this type of contract.
§ 8 Data Protection
Information regarding the processing of the Customer’s personal data pursuant to Article 13 of the General Data Protection Regulation (GDPR) is accessible and easily viewable in the footer section of the dom-guide.com website.
§ 9 Applicable Law
This contract and the use of the services of dom-guide.com shall be governed by the laws of the Federal Republic of Germany, unless mandatory statutory regulations more favorable to the user under the laws of their home country take legal precedence.
§ 10 Place of Jurisdiction
For business entities and commercial customers, insofar as they are merchants (Kaufleute within the meaning of the German Commercial Code), the exclusive place of jurisdiction for any legal disputes arising out of or in connection with this contract shall be Cologne, Germany.