General Terms and Conditions
The following General Terms and Conditions become effective when the event contract is concluded:
1. Service Scope
The company Berlinagenten organises city event tours with service packages that are to be negotiated individually. For these service packages the company Berlinagenten generally presents the sole contract partner. In exceptional cases Berlinagenten also acts as an agent for a third party provider and explicitly indicates this beforehand. For these third party providers, that are normally just recommended, these General Terms and Conditions do not apply but only the contract relations as respectively agreed.
Henrik Tidefjärd, Bornholmer Straße 4, 10439 Berlin, Germany is the owner of the company Berlinagenten. Contracts are concluded with him, except in case that the company Berlinagenten acts as an agent for third parties.
3. Booking and Contract Conclusion
The booking can only be made in writing by fax, by mail or by email. The booking has to indicate clearly the number of participants the service scope and the agreed price.
Should several persons book through a natural or legal person (e.g. a company), this person will be liable for each individual participant as well as the own liabilities, if not stipulated differently.
The content of the offer has to match the content of the booking. Should one party deviate from the content thereof this will constitute a new offer that needs to be agreed in writing by both parties anew.
4. Terms of Payment
The payment for the services of Berlinagenten is due no later than 14 days before the start of the service, in case of near-term bookings for tours and events the payment is due immediately and in full.
Berlinagenten is liable for the
duly provision of the agreed services,
dutiful selection of third parties for locations and activities on site
as well as the correctness of the tour description.
Berlinagenten is not liable for
surprising promises made by third party providers that go beyond the agreed service scope,
damages not involving injury to life and health, or that exceed three times the total price, insofar as the action was not committed grossly negligent or intentional. This also applies to damages caused by third party providers or external service providers like bus tour operators that accept the transport of guests.
6. Cancellation by Customer and No-Show for booked activities
Irrespective of the date of the cancellation Berlinagenten have to be paid for any services rendered up to that date that were provided in good faith in the effectiveness of the contract or that occurred due to entering into contracts with third party providers. Berlinagenten undertakes to disclose these in detail.
In addition the following flat-rate cancellation fees apply in % of the purchase price:
up to 60 days prior to the activity a cancellation free of charge is possible
up to 30 days prior to the activity 50%
up to 15 days prior to the activity 75%
from 5 days prior to the activity 100%
in case of no-show or complete cancellation prior to or during the activity/tour 100%. This applies in particular in case a customer fails to attend a contractually agreed service.
?The guide is obliged to wait at the agreed meeting point for 30 minutes. The exact meeting point will be communicated with the booking and it is imperative to be complied with. Delays need to be notified by the customer within the waiting time by telephone in due time.
It is left to the customer to prove that the loss incurred by Berlinagenten due to the cancellation was lower than the flat-rate cancellation charges or did not occur at all.
7. Change of booking
Changes of booking will only be allowed in case an activity of the same kind will be available on another date with the same number of people and at the same price. Should a change in booking that was requested by the customer lead to a reduction of the service scope, a partial refund of the service is excluded. In general the same costs apply as in case of cancellation or termination. Art. 6 shall apply accordingly.
Berlinagenten will seek to exchange admission tickets, as far as possible with third party providers. Insofar booked admission tickets for the original date cannot be rebooked or refunded, the ticket prices will have to be charged again for the replacement date.
8. Change of Programme
Berlinagenten reserves itself the right to change the programme under certain conditions, like e.g. weather, force majeure or in case of the change of the service scope of third parties to the best of its knowledge.
Should this lead to a reduction of the agreed service this will be reimbursed on a pro-rata basis of the total package.
In case an event cannot be carried out due to the fault of Berlinagenten, the payment will be reimbursed. This applies in particular in case the tour guide cancels due to illness or accident and no replacement can be offered in due time.
The reimbursement solely applies to the repayment of the booked tours of Berlinagenten. There will be no reimbursement of fees of the travel agents for the other programme of the customer or further travel expenses.
Further claims by the customer, that exceed the compensation of the payment, are excluded in any case. This applies in particular to immaterial damages of all kinds.
Berlinagenten also reserves itself the right to claim any additional costs that arise in the course of a contract order and that are not covered therein. These additional costs that have to be stated in detail will be advised in advance should these exceed 15 % of the total price.
9. Notification of Deficiencies /Deficiencies
In case deficiencies or impairments of performance on the part of Berlinagenten are notified, this needs to be communicated to the tour guide responsible or a contact partner of Berlinagenten immediately upon knowledge of the reason to enable a rectification. Should this notification be omitted in spite of the knowledge of this deficiency and there is no sufficient exculpation this warranty claim is considered as forfeit upon completion of the activity.
In case deficiencies are claimed as to third party providers (see article 1), Berlinagenten undertakes to forward this demand competently and diligently. In addition warranty rights in case of third party providers can only be claimed within the scope of the concluded contracts in each case.
Berlinagenten maintains a public liability insurance. This insurance does not cover the loss of luggage or the theft of valuables except in case of intent or gross negligence. Berlinagenten will no compensate any damages that exceed the scope of the insurance.
11. Place of Fulfilment and Place of Jurisdiction
Place of fulfilment for the services owed by Berlinagenten and agreed place of jurisdiction is the registered office in Berlin.
12. Invalidity of Individual Terms
Should any terms of these Terms and Conditions be invalid or become invalid, this will not affect the validity of the entire contractual agreement.
Berlin, 5th March 2013