Terms & Conditions

Terms & Conditions

Business and Delivery Terms and Conditions (Updated: January 2012)

Through its Online Shop, Berlin Tourismus & Kongress GmbH (visitBerlin) is offering customers the opportunity to order and purchase a selection of the products marketed by it online.

§ 1 Scope

1. All contracts concluded via visitBerlins Online Shop will be subject solely to these terms and conditions of business. Contrary provisions are hereby repudiated. All provisions other than those set out here will only be valid if expressly acknowledged in writing by visitBerlin.
2. These General Terms and Conditions also apply in relation to future business arrangements even if not subsequently expressly agreed.
3. Oral additional agreements are to be documented by means of permanent data carriers. Amendments to these terms and conditions, including this confirmation clause, must be confirmed by visitBerlin as must the confirmation of deliveries dates or period which may be agreed to be binding or non-binding.

§ 2 Offers, conclusion of contract, duty of performance and delivery

1. Offers contained in the Online Shop are made without obligation and are subject to change, unless a binding confirmation is issued in respect thereof. Orders are only binding if visitBerlin confirm them or if visitBerlin fulfil them through dispatch of the goods to you.
2. Contracts are concluded through the completion and confirmation by the Customer of the web order form followed by the confirmation or fulfilment of the order by visitBerlin.
3. Adherence to any delivery period is always dependent on the scheduled receipt by visitBerlin of deliveries from its own sub-suppliers. If the availability of a delivery is dependent on a delivery from a sub-supplier and this fails at no fault of visitBerlin, visitBerlin will then be entitled to rescind the agreement. The Customer has no right to claim compensation in such cases.
4. The same applies if, by reason of force majeure or another event, the delivery is made significantly more difficult or impossible and visitBerlin is not responsible for this circumstance. Such events particularly include: fire, flooding, industrial disputes, operational interruptions, strikes and governmental orders, which are not attributable to the operational risk of visitBerlin. In the specified cases the customer will be informed promptly about the impossibility of delivery and any performance rendered will be reimbursed immediately.
5. Partial deliveries are permitted unless the customer has no discernable interest in receiving them or these are discernibly not reasonable for the customer to expect. If visitBerlin exercises this right, costs of post and packaging will only be charged once.

§ 3 Prices, terms and conditions of pricing and shipment

1. The price of goods at the time of ordering will apply as displayed on this website. Price changes and errors reserved. For published materials subject to price maintenance, the sales prices stated by the publisher at the time of order shall apply.
2. The prices are quoted ex works incl. VAT (currently 19 % respectively 7%) including costs for packaging and dispatch.
3. The minimum order value for deliveries is € 5.00.
4. The Customer will additionally be charged the following costs for dispatch and packaging:
Within the Federal Republic of Germany - € 5.00 per delivery of goods. The flat-rate dispatch costs for standard postage will rise to € 7.50 for order values of € 250.00 and over.
For goods deliveries inside the EU and Switzerland the charge is between € 8.00 and € 15.00 depending on the destination pursuant to the table in the Appendix. For goods deliveries outside the EU respectively for other countries not listed in the PDF - € 20.00 per goods delivery plus applicable taxes, duties and costs for special conditions of shipment depending on the destination.
If you required delivery per courier, visitBerlin will change you for the courier costs incurred.
The Online-Voucher will be delivered by email. No costs will be charges in relation to the online dispatch for these vouchers.
Unless otherwise agreed and depending on availability, visitBerlin will usually delivery your order within three to four working days following receipt of order and payment (standard DHL shipment within Germany). Information concerning the delivery period is always non-binding. For logistical reasons it is not possible to provide details regarding the exact time of delivery.
5. The logistics partner commissioned by visitBerlin with the shipment of the goods will deliver the goods to the address submitted by the Customer to visitBerlin in return for completion of an acknowledgement of receipt.
If the Customer is not at home at the time of delivery, visitBerlin or its contracted shipper is entitled to handover the delivery to a spouse or other duly authorised person.If none of the aforementioned persons are present at the stated delivery address at the time of delivery, visitBerlin or its contracted shipper is entitled to deliver to an alternate recipient. Alternate recipients may in particular be persons present in the home of the recipient, or his/her co-occupants and neighbours, provided there are no circumstances from which it can be inferred that this is not in the interests of the Customer.
6. The purchase price is due in advance immediately at the time of ordering and can be paid per credit card (American Express, Mastercard, Visa) or by using the electronic direct debit system. The choice of payment type is at the discretion of the Customer.
For the clearing and handling of the payments by credit card visitBerlin uses a special system, certified by American Express, MasterCard and Visa. Due to the prevention of deception visitBerlin also reserves the right to operate security queries under the legal restrictions of data protection.
The ordering of Online-Voucher is valid only by payment by credit card.

Deliveries without advance payment will only be made to business customers. With delivery on account all invoices sums are due upon delivery of the goods or no later than 10 days following receipt of invoice.

visitBerlin is unable to accept any other forms of payment.
7. If the Customer is in default of payment after 10 days in relation to payments against invoice, it will be liable to pay default interest at the rate of 5 percentage points above the base interest rate of the Deutsche Bundesbank, if neither the Customer nor visitBerlin prove a lower or higher amount of loss. Default interest is payable once the payment date is exceeded, without any requirement for a reminder.
§ 4 Collateral rights
The goods delivered remain the property of visitBerlin until complete payment has been made. The Retention of Title is extinguished with the complete payment of the goods. The Customer is not entitled to dispose of goods subject to this retention of title. If the retained title is extinguished through the processing of the goods delivered by visitBerlin (e.g. through combination with other items), the Customer here and now assigns to visitBerlin the co-ownership of the item produced through the combination. There is no requirement to surrender this new item, the Customer is instead required to retain custody of it visitBerlin behalf. No payment is due for this safekeeping.

§ 5 Right of return

1. visitBerlin grants the Customer a right of return in accordance with the statutory provisions provided the Customer is a consumer. No reasons are required in relation to the demand to return. It must be asserted by returning the goods within two weeks; the return shipment and taking back of goods are performed at the cost and risk of visitBerlin, provided the value of the order is over 40 Euro. This two week period starts with the issue of the declaration made upon the conclusion of the transaction and acknowledgement of this legal notice, but not in any case prior to the receipt of the goods. This period requirement is fulfilled by the goods being shipped during it.
2. In relation to those goods that cannot be shipped by posted package, the return shipment is deemed to be within the requisite period if the demand for the goods to be taken back is issued by the Customer on a permanent data carrier. All shipments comply with the stipulated period if made within two weeks following the issue of the declaration made upon the conclusion of the transaction and acknowledgement of this legal notice. The time limit will not start prior to the receipt of the goods however.
3. The goods and the demand to take back are to be sent to:

Berlin Tourismus & Kongress GmbH
Am Karlsbad 11
10785 Berlin
E-Mail: versandatvisitBerlin [dot] de
Fax: +49-(0)30-26 47 48 966

4. The goods must be in a flawless condition (complete, undamaged and unused, operating instructions, etc.). The tickets may only be taken back if they have not been validated. If the customer is responsible for any deterioration, loss or other circumstance frustrating the return of the goods, it will be liable to reimbursing the diminution in value or the value; Sections 351 to 353 German Civil Code are not applicable.
Any use had of the goods must be reimbursed in relation allowing others to use it or for using the item or for other services up to the time the right of return is exercised.
5. The right of return provided for in these General Terms and Conditions is not available for:
• deliveries of audio or video recordings or of software where the Customer has broken the seal of the delivered data carriers.
• delivery of goods produced to customer specifications or which are unambiguously tailored to the personal requirements of the Customer or which due to their characteristics are not suitable for return.
6. visitBerlin undertakes to reimburse payments made within 30 days of the customer's declaration and the return of the goods.
7. The Customer will confirm that it has received information regarding its right of return by recording the notice when making an online order.

§ 6 Right of retention/set-off

The Customer may only exercise a right of retention if its counterclaim relates to the same contractual arrangement. Set-offs on the part of the Customer are excluded, unless these relate to counterclaims declared valid by a conclusive court judgement or which are undisputed or which are acknowledged by us.

§ 7 Guarantee

1. If the goods arrive damaged through being transported or are defective in any other way, visitBerlin ask that you inform visitBerlin promptly of this fact by contacting the address set out in Section 5 no. 3 of these terms and conditions. visitBerlin will inform you shortly thereafter if visitBerlin or visitBerlin contracted freight service provider will collect the goods from you or if the goods are to be returned at the cost of visitBerlin.
2. If the number of delivered products is not identical with the ordered quantity, visitBerlin again ask you to promptly inform visitBerlin at the aforementioned address.
3. In the event that a defect is reported the warranty is restricted to replacement delivery or subsequent improvement. Guarantee terms and conditions apply to goods where these are appended by the manufacturer.
4.If the subsequent improvement or replacement delivery fails after a reasonable period of time, the Customer may opt for a reduction of the purpose price or demand rescission of the contract. This time limit will be no less than four weeks. Subsequent improvement or replacement delivery is deemed to have failed if two attempts to eliminate the defect have not been successful.
5. Claims of the Customer for compensation, e.g. by way of non-performance, culpability upon conclusion of contract, breach of ancillary contractual conditions, consequential damage due to defects, losses resulting from claims in tort and for other legal reasons are excluded, unless visitBerlin are liable in respect of the absence of a warranted characteristic or due to an intentional act or gross negligence. This exclusion does not apply in respect of claims pursuant to the Product Liability Act.

§ 8 Special terms and conditions for the purchase of Berlin WelcomeCard vouchers

The maximum number of vouchers per customer is 10.

These vouchers may only be redeemed in the following facilities:

• Berlin Tourist Information

• Schönefeld Airport
Tourist-Information Berlin-Brandenburg
Terminal A, Main Hall, Ground Floor, right
daily 7.00 am - 1o.00 pm

• Tegel Airport
DER Touristik Airportservices GmbH
opposite Gate 2
daily 8.00 am - 8.00 pm

• Berlin Brandenburg Airport BER (Opening in October 2013)
Berlin Brandenburg WelcomeCenter
Arrival level
daily 6 am - 12.00 am

The costs for the journey to the point of redemption will not be reimbursed.
The vouchers do not qualify as tickets.
The ticket received in return for the voucher must be validated at a ticket puncher before commencing the journey. Any Berlin WelcomeCard ticket comes with a Berlin WelcomeCard-guide (booklet). Price discounts mentioned in the booklet may be linked with terms and conditions. The Berlin WelcomeCard is not valid for journeys with the sightseeing buses or special trains.
The voucher may only be redeemed by the person named on the voucher (in general the orderer/buyer of the Berlin WelcomeCard). When ordering the voucher in the visitBerlin Onlineshop the buyer has the opportunity to name a third person as collector of the tickets. In this case the voucher may also be redeemed by the buyer or the named collector.
The buyer respectively the collector of the voucher has to legitimize himself by a valid identity card or passport. The redemption offices are authorized to validate and collect the personal data needed for the legitimation before redeeming the voucher. The collector confirms the receipt in written form.
The voucher is non-transferrable, cannot be redeemed for cash and may only be redeemed once.
The voucher is valid within the specific period of time. visitBerlin will not reimburse any costs in the event that the voucher is not redeemed in time or if it is lost. The voucher must in any case be presented in order to be redeemed.
The specific terms and regulations for the ordering and redemption of online-voucher are to be effected for security reasons to avoid cases of fraud with the online payment. The customer explicitly complies with the mentioned settlement and is not entitled to claim for compensation, e.g. in case the voucher redemption will be denied for other persons than the named persons on the voucher.
Every misuse of vouchers, reprints, etc is punishable under criminal law and will be prosecuted. visitBerlin expressly reserves the rights to claim compensation in such cases.
visitBerlin and its partner service providers are not liable for personal injury or property suffered by the Customer when using the voucher/Berlin WelcomeCard.
Cancellations/changes: The voucher can be cancelled at 2 days prior to the planned commencement of the journey (date on the voucher). Cancellations to a purchased voucher must be performed by contacting the Berlin Service Center hotline 030/ 25 00 25 or by sending an email to reservierungatvisitBerlin [dot] de.

§ 9 Data protection

All of the customer's recorded personal data will be handled confidentially. The data required
for the execution of the transaction will be stored and passed on to affiliated companies and postal companies or to banks for billing purposes. Such communication of data will be limited to the extent required to execute the order.

§ 10 Applicable law

With respect to all legal relations, either current or future following the fulfilment of the contract, established under this contractual arrangement, the contractual parties agree these will be subject to the law of Germany to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods.

§ 11 Place of performance

1. It is agreed that the registered address of visitBerlin is the place of performance for all mutual obligations arising from the contract.
2. If the Customer is a commercial entity within the terms of the German Commercial Code, a public sector corporation or a public law special fund all disputes arising from this contract will be heard only before that court with jurisdiction for the place of performance. The same applies in the event that the Customer has no registered addressed in the Federal Republic of Germany.

§ 12 Reservation of right to change

visitBerlin reserves the right to amend these General Terms and Conditions at any time. The version of the General Terms and Conditions valid at the time of the order will apply in respect of the Customer, the said General Terms and Conditions having been confirmed by the Customer.

§ 13 Severability Clause

If any of the provisions of these General Terms and Conditions are void or prove so to be in the future, the remaining provisions will nevertheless remain valid.