This website is a product of Berlinagenten
Bornholmer Strasse 4
D -10439 Berlin
Tel: +49 (0)30 43 720 701
Owner: Henrik Tidefjärd
Place of performance and court of dispute resolution: Berlin-Pankow
EU VAT Nr. DE249925414
Copyright © 2004-2013 Berlinagenten
All rights reserved. The information on this page
may not be reproduced, republished or copied on
another webpage or website.
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
Data protection notice
It is our priority to ensure that your personal data is properly protected when using our website. The following declaration gives you an overview of how we guarantee this protection and which type of data is stored for what purpose.
The responsible agency within the definition of the Data Protection Act is Henrik Tidefjärd, Bornholmerstrasse 4, 10439 Berlin, Germany.
Recording and processing of personal data
Our website can be basically used without you having to enter personal details.
Personal data will be collected if you sign up, subscribe to our mailinglist or if you wish to use certain functions on our website. With your registration you agree that your personal data will be saved electronically for the further processing of your registration. Your personal data will not be passed on to third parties. You can delete your personal data at any time by sending an e-mail to firstname.lastname@example.org or sending a fax or a letter. The given declaration of consent includes the authorisation of the Berlinagenten to send you personalised advertising.
We ask you to note that data transmissions may be subject to security risks within the internet. It is not possible to guarantee that data will be protected from third party access (see supplementary information under "data security").
Your data will be retained and stored as long as is required for the provision of our services or for retention periods stipulated by way of statutory or other legal obligations.
Right to information and withdrawal of consent
You are at all times entitled to be provided with information regarding your personal stored information and to inspect it. If this data is not correct, you are entitled to demand that it be corrected.
If you do not wish to have your data stored, you may at any time withdraw your consent by informing us by letter or email. Your withdrawal of consent will be effective for all future storage. Your data will be deleted in accordance with your withdrawal of consent. Excluded from this is all data which cannot be deleted due to statutory and/or contractual compulsory retention periods. Also excluded from this is that data which we require for the formation, material arrangement or amendment of the contractual relationship or which has to be stored for billing purposes.
In order to obtain information or to withdraw your declared consent, please use the contact place at the end of the website (see "Further information and contact").
Use and communication of personal data
If you register via this website, where necessary we will relay your data to other companies or organisations, e.g. to deliver our Berlinagenten newsletter.
You are entitled at all times to be informed as to what personal data of yours is stored by us and relayed to third parties. You may also withdraw your consent in this regard. The agency Berlinagenten will relay your withdrawal of consent to its respective partners immediately. In accordance with the statutory provisions we will store data communicated to third parties for a period of two years.
Your personal data will otherwise not be relayed to any third parties, unless in exceptional cases where we are compelled to do so by way of statutory provisions or governmental order.
If you receive any advertising materials from Berlinagenten despite having withdrawn your consent in this regard, please contact us immediately.
Use of Google Analytics
This website uses Google Analytics, a web analysis service by Google Inc. (“Google”). Google Analytics uses so-called “Cookies”, text files which are saved on your computer and which allow an analysis of the use of the website by you. The information generated by the Cookie concerning your use of this website (including your IP address) is transmitted to a Google server in the USA and stored there. Google uses this information to evaluate your utilisation of the website, compile reports about the website activities for the website operator and provide other services associated with website and Internet utilisation. This information may also be transmitted by Google to third parties if this is prescribed by law or insofar as such third parties process the data on behalf of Google. Google will in no case connect your IP address to other data of Google. You can prevent the installation of the Cookies by a corresponding setting in your browser software; we would like to point out, however, that in this case you may possible may not be able to fully use all functions of this website. By using this website you agree to the processing of data connected about you by Google in the above-mentioned way and for the above-mentioned purposes.
You can configure your browser so as to be informed about the placement of cookies, to decide to accept these on a case-by-case basis or to completely exclude all incoming cookies. The selection of the final option (exclusion of cookies) may restrict the functionality of our website.
In order to optimise the information available to you, our webpages contain links to third party websites. Where it is not obviously discernible, we will inform you of the presence of external links. The agency Berlinagenten has no influence whatsoever over the content and arrangement of the websites of other providers. The contents of this Data Protection Notice do not of course apply there. Information about the relevant data protection policy can be found on the respective websites.
Further information and contact
If you have any other questions about data protection in relation to our website, please contact our Data Protection Officer. The contact details can be found below. You can ask here about what personal data of yours is stored by us. You can also, at any time, send (by letter or email) any requests for information as well as any deletion or correction requests relating to your personal data to the following address:
Responsible of Data Protection
Bornholmer Strasse 4
D -10439 Berlin
Xantener Str. 15A