TERMS AND CONDITIONS
General Terms and Conditions of Berlin City Tour GmbH.
§ 1 offer and contract
1. The offers of Berlin City Tour GmbH are non-binding.
2. The customer may place his order verbally or in writing. The contract
comes with the written confirmation of the order by the Berlin City Tour
§ 2 scope of services
1. For the scope of the contractual services, the information in the written confirmation is authoritative.
2. The services include, as those specified in the written confirmation framework, the provision of a vehicle of the agreed kind with driver and the provision of the transport.
3. The agreed service does not include the supervision of passengers, the supervision of property that the customer or one of the passengers leave in the compartment of the vehicle, the supervision of the luggage, especially during loading and unloading.
§ 3 price and payment
• The price agreed upon conclusion of the contract applies and therefore the payment plan negotiated on this basis.
§ 4 Termination and withdrawal by the customer
• If the customer terminates the contract before the end of the journey or does not make use of the vehicle, there is no exemption from the payment obligation unless the cancellation is due to circumstances that the Berlin City Tour GmbH is responsible for.
• The customer has to pay the following rates in these cases:
o For non-use up to 30 days before departure: 10%
o For non-use up to 11 days before departure: 25%
o For non-use from the 10th day before departure: 50%
o For non-use from the 2nd day before departure: 80%
• The compensation is higher or lower if Berlin City Tour GmbH accounts for a higher damage, or the customer accounts for a lower damage.
§ 5 Termination and withdrawal by the carrier
1. The Berlin City Tour GmbH and the customer can terminate the contract if there is an important reason which makes the transport’s continuation unacceptable, especially in cases of force majeure such as war, riots, epidemics, severely endangering weather and road conditions, border closures, and roadblocks.
2. In the case of no-fault vehicle breakdown, in particular due to no-fault
accidents, technical defects on the vehicle despite proper maintenance ect., the
Berlin City Tour GmbH is obliged to provide an equivalent vehicle. Is
such unavailable due to similar circumstances or lack of availability, then the Berlin City Tour GmbH and the customer are free of their performance obligations.
3. In both cases, the Berlin City Tours GmbH is responsible for the provision of the necessary organizational resolution measures in agreement with the customer during the transportation time. For services rendered, the Berlin City Tour GmbH receives a compensation according to their usual rates. Any additional costs are to be paid by the customer.
§ 6 Liability
1. 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).
2. Incidentally, the liability for breaches of duty under the concluded contract of carriage for whatever legal reason on the part of the Berlin City Tour is limited to three times the transport price, unless intent or gross negligence. This does not affect the liability of Berlin City Tour GmbH for negligent violation of essential contractual obligations.
3. 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.
4. A further liability of the Berlin City Tour GmbH is excluded, whereby
referred to § 2 paragraph 3.
§ 7 Place of jurisdiction
• The place of jurisdiction is Berlin, provided that the purchaser is a registered trader, legal entity of public law or public special property.
§ 8 Governing Law
• The law of the Federal Republic of Germany.