1.1 In these General Terms and Conditions, the following terms (both singular and plural) have the following meanings:
• 'General Terms and Conditions', the General Terms and Conditions of Berlin City Tour GmbH;
• 'Event', the public or private event at which – by way of example, but not exclusively – an activity of a tourist nature takes place, including – but not limited to – a bus tour, a museum visit, a concert or a sports event;
• 'Location', the place at which the event is held;
• 'Organiser', the party responsible for the production and/or organisation of the event;
• 'Agreement', the agreement between Berlin City Tour GmbH and the consumer for the sale and delivery of tickets;
• 'Ticket', proof of access to an event;
2.1 The General Terms and Conditions below and the booking and ordering conditions of Berlin City Tour GmbH apply to all offers, orders and agreements of Berlin City Tour GmbH.
2.2 In addition, the General Terms and Conditions of the organiser and the General Terms and Conditions of the party responsible for the locations will also apply to the agreement. In the event of any conflict between the provisions in the agreement or in these General Terms and Conditions and the aforementioned terms and conditions, the provisions in the agreement or in these General Terms and Conditions will prevail. Copies of the General Terms and Conditions of the parties responsible for the Locations or of the organiser are available on request from the parties responsible for the locations in question or from the organiser.
2.3 By accepting an offer or making an order, the consumer expressly accepts the applicability of these General Terms and Conditions.
2.4 Deviations from that stipulated in these Terms and Conditions are only possible in writing, in which case the other provisions will remain undiminished in force.
2.5. All rights and entitlements stipulated for Berlin City Tour GmbH in these General Terms and Conditions and any further agreements will also apply for intermediaries and other third parties deployed by Berlin City Tour GmbH.
3.1 All offers made by Berlin City Tour GmbH are without obligation and Berlin City Tour GmbH expressly reserves the right to change the prices, in particular if this is necessary as a result of statutory or other regulations.
3.2 All prices are indicated in euros, including VAT.
3.3 In certain cases, promotional prices apply. These prices are valid during a specific period as long as stocks last. No entitlement to these prices may be invoked before or after the specific period.
3.4 Berlin City Tour GmbH cannot be held to any price indications that are clearly incorrect, for example as a result of obvious typesetting or printing errors. No rights may be derived from incorrect price information.
3.5 Child tickets are only valid for those in the age range mentioned on the product page
4. Cancellations and returns
4.1 An organizer is entitled to cancel or change the date of an event. Should this happen, Berlin City Tour GmbH will attempt to provide a suitable solution. If an event is cancelled or postponed, Berlin City Tour GmbH will do its utmost to inform you as soon as possible. However, Berlin City Tour GmbH cannot guarantee it is possible to inform you timely of any change or cancellation of an event or be held responsible for refunds, compensations or for any resulting costs you may incur, for example for travel, accommodation and/or any other related goods or service.
4.2 Before confirming your booking, always check carefully that you have booked the correct (number of) tickets. Some of the tickets we offer for a product with a specific date and time (‘timed entry tickets’) are not refundable. Refund and cancellation policies differ per product and can be found on the product page.
Wrongfully ordered (numbers of) open tickets (no specific date and time are selected) are refundable within fourteen days of purchase when bought online. In order to ask for a refund of an open ticket you have to send an email to firstname.lastname@example.org.
In order to request a refund for any of the mentioned tickets, please send an email to email@example.com.
4.3 Berlin City Tour GmbH shall not be liable for damage, misuse, or loss of tickets. No duplicate tickets will be issued to replace tickets that have been misused, mistreated, lost, or stolen, and nor will such tickets be refunded.
4.4 Berlin City Tour GmbH shall not be liable for delays, non-delivery or incorrect delivery of tickets, if such delay, non-delivery or incorrect delivery cannot be attributed to Berlin City Tour GmbH.
4.5 Not using one or more pre-purchased tickets is for your own account and risk; this is also the case if the admission ticket is only valid for a certain time and/or date.
4.6 Our open tickets are valid for 1 year (12 months), starting from the date of purchase.
4.7 The traveller may be charged a fee when rescheduling an excursion, attraction, boat tour or museum, unless stated otherwise on the product page. When a ticket has been rescheduled it becomes non-refundable.
Berlin City Tour GmbH accepts a number of different payment methods, including Credit Card, PayPal, iDeal and others. You will not receive confirmation of your definitive booking until your payment has been approved.
6.1 Depending on the method of sending, tickets will be delivered to the address included in Berlin City Tour GmbH' address database.
6.2 The delivery times specified by Berlin City Tour GmbH are for indication purposes only. Failure to meet any delivery deadline will not entitle you to damage compensation, nor will it entitle you to cancel the order or dissolve the agreement, unless such failure to meet the delivery deadline is so severe that it cannot reasonably be demanded of you to abide by the agreement. In that case, you will be entitled to cancel the order or dissolve the agreement insofar as this is necessary.
7. Retention of title
7.1 The ownership of the tickets delivered will only transfer to you if you have met all your obligations to Berlin City Tour GmbH pursuant to any agreement whatsoever. The risk relating to the tickets will be transferred to you at the time of delivery.
8. Complaints and liability
8.1 You are obliged to check on delivery to ensure that the tickets are in line with the agreement. If this is not the case, you must inform Berlin City Tour GmbH in writing and with reasons as soon as possible and at all events within three (3) days of delivery, providing that it was reasonably possible to ascertain this fact.
8.2 If it has been demonstrated that the tickets are not in line with the agreement, Berlin City Tour GmbH may choose to replace the tickets in question with new tickets in exchange for their return or to refund the amount paid.
8.3 Berlin City Tour GmbH is liable for property damage within the framework of § 23 Passenger Transportation Act (exclusion of liability if the property damage exceeds Euro 1,022.58 per person and is not based on intent or gross negligence of the Berlin City Tour GmbH).
8.4 Tortious claims that are based outside the contractual relationship between the Berlin City Tour GmbH and the customer stay unaffected by the limitation of liability.
8.5 Unresolved complaints by consumers about digitally purchased products on berlin-city-tour.com can be resolved through the Online Dispute Resolution.
9. Electronic communication and evidence
9.1 Berlin City Tour GmbH is not liable for any misunderstandings, distortions, delays or incorrect transmission of data and messages as a result of the use of the internet or any other communication resource in the traffic between the customer and Berlin City Tour GmbH (or the parties deployed by the customer).
9.2 The records of Berlin City Tour GmbH will serve as full evidence of the existence, the content and the implementation of the agreement with the customer in any legal procedure, subject to counter-evidence provided by the party that invokes the fact that the evidence is unreliable.
10. Force majeure
10.1 Without prejudice to the other rights to which it may be entitled, in the event of force majeure, Berlin City Tour GmbH is entitled, at its own choice, to suspend implementation of your order or to dissolve the agreement without legal intervention, by informing you of this in writing and without Berlin City Tour GmbH being held liable to any damage compensation unless in the prevailing circumstances this would be unacceptable in accordance with all reasonableness and fairness.
10.2 Force majeure is deemed to mean any shortcoming which cannot be attributed to Berlin City Tour GmbH because it cannot be blamed on it nor deemed to be its responsibility in accordance with the law, legal action or generally accepted views.
11. Special provisions, liability
11.1. The purchaser of a ticket supplied by Berlin City Tour GmbH must behave as a good and orderly visitor of events and must abide by the instructions issued to him or her by or on behalf of the organiser of the event to be visited as well as by the competent authorities.
11.2 Berlin City Tour GmbH will not be liable for any refusal by the organiser of an event or by the public authorities to admit the purchaser of a ticket supplied by Berlin City Tour GmbH to an event as a result of actions and/or negligence on the part of the purchaser.
11.3 The purchaser of a ticket attends an event at his or her own risk. Berlin City Tour GmbH will not be liable for any damage incurred by the purchaser during the journey to or from the event or while attending the event.
11.4 The purchaser of a ticket supplied by Berlin City Tour GmbH must inform him or herself of the instructions issued by or on behalf of the organiser of the event or the competent authorities relating to it, including any changes concerning the event, such as starting time, etc. Berlin City Tour GmbH has no obligation to provide the purchaser of a ticket with further information in this regard.
12. Other provisions
12.1 If one or more of the provisions in these Terms and Conditions or any other agreement with Berlin City Tour GmbH are in conflict with any applicable legal regulation, the provision in question will lapse and be replaced by a new comparable stipulation admissible by law to be determined by Berlin City Tour GmbH.
12.2 The law of the Federal Republic of Germany applies to all agreements entered into with or concluded by Berlin City Tour GmbH. Any disputes arising directly or indirectly from these agreements will be exclusively settled by the Court of Berlin.
13. Berlin City Tour GmbH is part of Tourism Group Holding B.V. Lijnden
Berlin City Tour is a part of Berlin City Tour GmbH, which is part of Tourism Group Holding B.V. Other brands belonging to Tourism Group Holding B.V. include: