In these terms and conditions the following terms will be applied in the following meaning, unless explicitly stated otherwise or the context proves otherwise:
1.1 Admission Costs: price of tickets.
1.2 Agreement: the agreement between the End User and Berlin Experiences.
1.3 Excursion: an organised itinerary whereby the End User arrives in Berlin to partake in a Tour.
1.4 End User/You: the named natural person that purchases services from Berlin Experiences.
1.5 Location: the place where the Tour is held.
1.6 Order: the purchase of an Excursion, Itinerary or Tour, as completed by the End User.
1.7 Organiser: the party that undertakes to organise and bears responsibility for the organisation of the Order.
1.8 Personal Data: any information relating to a named natural person, including but not limited to a name, an e-mail address, and a telephone number.
1.9 Terms & Conditions: the Terms & Conditions of Berlin Experiences.
1.10 Third Party Provider: a party other than Berlin Experiences that offers services, provided as part of a Tour, Excursion or Itinerary, such as a travel agent or reseller service.
1.11 Tour: an event organised by Berlin Experiences, known as an Itinerary when provided as a package of Tours.
1.12 Berlin Experiences: Matt Robinson – Berlin Experiences, the user of these terms and conditions.
2. Applicability of the Terms and Conditions
2.1 These terms and conditions – which from time to time shall be adapted by Berlin Experiences. unilaterally – shall apply to all Berlin Experiences services whereby Berlin Experiences facilitates the End User purchasing tickets for a Tour, Itinerary or Excursion organised by the Organiser. The Berlin Experiences Terms and Conditions shall apply to all Berlin Experiences products. By enganging in a transaction with Berlin Experiences, you acknowledge and agree to have read, understood and agreed to the Berlin Experiences terms and conditions.
2.2 In addition to the Berlin Experiences Terms and Conditions, the terms and conditions of a Third Party Provider shall apply as between the relevant party and the End User. The Terms & Conditions of the Organiser can be obtained from the relevant party.
2.3 In the event of a conflict between the provisions in the Berlin Experiences Terms and Conditions and other terms and conditions, the provisions of the Berlin Experiences Terms and Conditions will prevail.
3. Scope of the Berlin Experiences service (‘the Agreement’)
3.1 Berlin Experiences provides a platform through which Tours, Itinerary and Excursions can be purchased by End Users.
3.2 Before purchase of the Tour, Itinerary or Excursion by the End User, Berlin Experiences shall state the total Order amount to be paid by the End User consisting of the Guide Costs, Administration Costs, VAT and Mandatory German Tourism Insurances. Where relevant, Transportation Costs and Driver/Fuel Costs shall also be included in the total Order amount.
3.3 Upon successful completion of the payment of the Order cost the End User, the Agreement between Berlin Experiences and the End User is concluded.
3.4 In case no authorisation for the End User’s payment is received, Berlin Experiences will notify the End User that the transaction has failed and, consequently, no Agreement will be and/or has been concluded.
3.5 Berlin Experiences is entitled to modify or cancel the Order of the End User within 48 hours after completion of payment in the event that Berlin Experiences is unable to provide the End User with the Tour, Itinerary or Excursion.
3.6 Cancellation policy: Berlin Experiences is not obliged to provide the End User with a refund once the payment has been concluded and the Tour, Itinerary, Excursion is within one month of purchase. End Users can contact Berlin Experiences to request a cancellation and/or refund. In case Berlin Experiences agrees on a cancellation and/or refund, Berlin Experiences will charge the End User a cancellation fee of 25% of the total Order amount.
3.7 Tour, Itinerary or Excursion orders are only valid on the date and time indicated on purchase, unless otherwise stated.
4. Use of Personal Data
5. Intellectual Property Rights
The End User is not permitted to make public any of the intellectual property rights with respect to names, logos, formulas and any wording and music, for advertising purposes or otherwise, that are vested in Berlin Experiences, either directly or indirectly, and/or reproduce them or to otherwise use them or benefit from them, unless the prior written permission of Berlin Experienceshas been obtained.
6.1 Berlin Experiences shall not be liable towards the End User except in the event of direct damages caused by the gross negligence or willful misconduct of Berlin Experiences or Berlin Experiences’ employees (acting in the course of their employment). Berlin Experiences entire and collective liability to the End User arising under or in connection with the Agreement and the Berlin Experiences Terms and Conditions, whether in contract, tort statute or otherwise shall, to the extent permissible by law, be limited to the payment of direct damages attributable to Berlin Experiences and will not exceed the amount of the Order costs.
6.2 Berlin Experiences shall not be liable for any indirect loss or damages, including consequential damages, loss of profit, missed savings, any other form of unrealized benefit and damages by loss of data which have somehow been occurred by and/or result from the use of this website.
6.3 More specifically, Berlin Experiences will in no event be liable for any damages, however arising, in relation to:
a) access to the Location, or for the state of affairs in and around the Location;
b) death, injury, accidents, loss, damage or theft during or resulting from a visit to the Event or the Location; and.
f) any damages resulting from a force majeure event.
7.1 In the event that any of the terms of the Berlin Experiences Terms and Conditions are declared void or otherwise not binding, the remaining terms will remain unimpaired. Berlin Experiences shall do its utmost to change wording so as to achieve as far as possible the intent and purpose of terms declared void or otherwise not binding.
7.2 The Berlin Experiences Terms and Conditions contain the entire agreement between the End User and Berlin Experiences.
7.3 The Berlin Experiences Terms and Conditions are governed by German law. Any and all disputes shall be submitted to the competent court in Berlin, Germany. Any dispute arising out of or in connection with these Terms and Conditions, including any question regarding their existence, validity or termination, shall be referred to and finally resolved by arbitration in Berlin, Germany. The arbitrator shall be agreed by mutual consent. If the dispute is not settled by arbitration within 10 days of the commencement of the arbitration, or such further period as the parties shall agree in writing, the dispute shall be referred to and finally resolved by the competent court in Berlin, Germany.
7.4 The Berlin Experiences Terms and Conditions can be amended at any time by Berlin Experiences. The amendments will come into force 30 days after they have been published on this website. Berlin Experiences therefore recommends checking the Berlin Experiences Terms and Conditions from time to time.
7.5 The original English version of these terms and conditions may have been translated into other languages. The translated version is a courtesy and office translation only and you cannot derive any rights from the translated version. In the event of a dispute about the contents or interpretation of these terms and conditions or inconsistency or discrepancy between the English version and any other language version of these terms and conditions, the English version to the extent permitted by law shall apply, prevail and be conclusive.
Berlin Experiences is a sole entrepreneurship under German law with its registered office at Ostseestrasse 77, 10409 Berlin. You are requested to send all correspondence to Berlin Experiences to the e-mail address email@example.com or contact Berlin Experiences by phone on +49 176 29913011.
Berlin Experiences GbR Terms & Conditions
Version: 2.0 (18th March 2022)