Terms and Conditions
These general terms and conditions apply in their current version to all bookings on the website www.viveberlintours.com.
The client of a guided tour accepts these conditions by placing an order. If he/she only becomes aware of these terms and conditions after the order has been placed, he/she acknowledges them if he/she does not object to these terms and conditions in writing immediately after they have become known.
Services of the Vive Berlin e.G.
Vive Berlin e.G. is a co-operative of city guides in the field of tourist services. The services of its members and other city guides can be booked on its website. The city guides have jointly developed a public and private programme of city tours and complementary services, which is advertised and marketed by Vive Berlin e.G. The booked services are not provided by Vive Berlin e.G. itself. Only the persons or companies carrying out the service will therefore become contractual partners of the user or client.
Vive Berlin e.G. provides the technical facilities for booking and payment of the booked service and acts as a mediating authority for its members. The respective city guides are solely and fully responsible for the implementation and content of the services offered. Any claim for fulfilment of the booked service therefore exists only against the city guide, but not against Vive Berlin e.G. itself.
The client or user selects a suitable tour from the range of tours offered by the city guides that are arranged within the framework of the Vive Berlin e.G. offer. The client is then forwarded to a calendar view where he or she can select the date for the desired tour. He or she is then directed to a description of the offer in question. The next step is to register and select a payment method. The user or client will then automatically receive a booking confirmation. With the receipt of this confirmation a binding contract is concluded.
Following the booking, Vive Berlin e.G. provides the client with various payment options via the secure payment platform Fare Harbor (Stripe), such as credit card debits, PayPal; advance payment by bank transfer, cash or credit card payment on site. FareHarbor adds 6% to management costs. The user chooses one of these payment options and makes the payment immediately or prints the booking confirmation and pays later on site, exclusively before the start of the booked service, either in cash or, with the prior consent of the city guide, by credit card.
The condition for the conclusion of the contract is only fulfilled when the booked service has been paid for in full. Unless otherwise agreed, invoice amounts are due for payment immediately upon receipt of the invoice. Deductions of any kind are excluded.
Cancellation conditions for the client
The right of cancellation is exercised vis-à-vis Vive Berlin e.G. as the agent of the respective provider. The cancellation must be sent either by post or by e-mail with the subject “Cancellation” to firstname.lastname@example.org. Cancellation can only be processed if the relevant booking details are provided in full by the user. If the cancellation is made in due time (see next paragraph), any payments already made will be refunded immediately. Unfortunately, any service fee (e.g. by using a credit card) cannot be refunded.
If the client or the group or their representative wishes to change an already booked appointment, a change fee can be charged. If a group consists of more people than previously agreed, an appropriate surcharge may also be charged. The subsequent calculation will be adjusted to the actual number of participants.
– Cancellation for private tours
If the booking is cancelled more than seven days before the agreed date of the city tour, the cancellation is free of charge. If the booking is cancelled up to 48 hours before the tour, 50% of the amount transferred will be retained by Vive Berlin e.G. as cancellation fees. If a guided tour is cancelled within 48 hours before the appointment or, without prior cancellation, not taken up, the entire amount is automatically due.
– Cancellation for public and regular tours
In the case of the public and regular tour programme of Vive Berlin e.G., the city guide is obliged to wait tfor 10 minutes extra from the published start of the city tour at the agreed meeting point. The following cancellation conditions apply to these booked services: up to 24 hours prior to the start of the tour, cancellation and refunds are possible free of charge, otherwise the entire amount is due as cancellation fees.
Vive Berlin e.G. and the person conducting the tour are not responsible for delays on the part of the client, and in this case no refund will be made if the tour is not taken.
All reservations are valid until the published start of the service, after that the reservation expires automatically and the place can be given to other participants.
Recording and usage of film and photo material during our city tours
During all city tours offered by Vive Berlin e.G. photos and videos can be generated for commercial purposes. All participants agree in principle to these recordings as well as to the further use of the resulting material for commercial purposes for Vive Berlin e.G. The right of objection remains unaffected. Should a participating person not agree to the recording and use of the material, a written objection must be sent to email@example.com.
Neither the City Guides nor Vive Berlin e.G. are explicitly liable for services provided as third-party services by other service providers in the course of carrying out the agreed service (e.g. exhibition and museum visits, train or bus rides, rental bicycles, hotel accommodation, catering, taxi, bus and train rides, etc.).
In the event that services are not used as a result of an early return journey or for other compelling reasons, the client has no fundamental claim for reimbursement. An assignment of claims of the user against the city guides and Vive Berlin e.G. is excluded. This applies to all claims arising from the contract and in connection with the implementation and execution of the contract, as well as from tort.
The judicial assertion of the above-mentioned claims by third parties in their own name is also inadmissible. The client is liable for any damage to objects carried by him or by participants of his group during the tour and the loss of objects carried. Vive Berlin e.G. is only liable for contractual breaches of duty and for tort in cases of intent and gross negligence.
This does not apply insofar as this relates to damages that involve injury to life, body or health under the fulfilment of cardinal obligations or compensation for damages caused by delay (§ 286 BGB). In cases in which liability for damages which are not based on injury to life, body or health and for which slight negligence is not excluded, such claims shall become statute-barred within one year – beginning with the accrual of the claim.
Choice of law – Place of jurisdiction
As far as legally permissible, German law applies to the services provided by Vive Berlin e.G. If you do not have a general place of jurisdiction in Germany or in another EU member state, and if you are a merchant, a special fund under public law, or if you have moved your place of residence abroad after these General Terms and Conditions have come into effect, or if your usual place of residence is unknown at the time of the commencement of legal action, the exclusive place of jurisdiction for all disputes arising from this contract is the registered office of Vive Berlin e.G.
If a provision of these GTC is invalid, the validity of the remaining provisions shall remain unaffected. In the event that a provision is invalid, it shall be replaced by a provision that comes closest to the meaning and purpose of the invalid provision in a legally effective manner.
We reserve the right to change these terms and conditions from time to time at our own discretion. You should therefore check these pages regularly. Your continued use of the website or our service after such changes constitutes your acceptance of the new terms. If you do not agree to the Terms or future versions of the Terms, you may not use or continue to access the Website or the services offered on the Website.