Terms & Condition

Terms & Condition

Business and Delivery Terms and Conditions

– © Mister QM - photocase

Berlin Tourismus & Kongress GmbH (hereinafter referred to as visitBerlin) offers the opportunity to order and purchase a selection of the products it markets online through its online shop.
These Business and Delivery Terms and Conditions also include information on the use of the tourist cards available in the online shop of visitBerlin – Berlin Welcome Card (BWC) and BWC Museumsinsel (Museum Island).

§1 Scope

1. These terms and conditions apply to all contracts made with a consumer within the meaning of §13 German Civil Code (BGB) or entrepreneur (hereinafter collectively referred to as the customer) for the goods/services displayed in visitBerlin's online shop. All contracts concluded via the online shop of visitBerlin will be subject solely to these terms and conditions. Contrary terms and conditions are hereby rejected. All provisions other than those set out here will only be valid if expressly acknowledged in writing by visitBerlin.
2. These terms and conditions also apply to all future transactions even if not expressly agreed upon again.
3. A consumer within the meaning of these terms and conditions is any natural person who enters into a legal transaction for a purpose not covered by their commercial or self-employed professional activity.
4. An entrepreneur within the meaning of these terms and conditions is any natural or legal person, or a partnership with legal capacity, acting within their commercial or self-employed professional capacity when making a legal transaction.

§2 Contract parties/contact persons

1. The purchase contract is made with Berlin Tourismus & Congress GmbH (visitBerlin), Am Karlsbad 11, 10785 Berlin. You will find more information about the seller in the Legal Notice.
2. You can contact the Berlin Service Center for any questions regarding our products, or to make complaints and objections, from Mon - Fri 9 am – 5 pm at the telephone number +49 (0) 25 00 25.

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

1. The presentation of products in the online shop does not constitute a legally binding offer of products for sale, but rather a non-binding online catalogue. By clicking the “Buy” or “Order” buttons, you are placing a binding order for the goods in your online shopping basket. You will receive immediate notice that your order has been submitted, but this does not constitute visitBerlin’s acceptance of a contract. We can accept your order by sending an order confirmation or by digital delivery of the product voucher to your registered email address.
2. You have the option of concluding the purchase contract in German or English.
3. Order processing and contact is done through an automated email process. The order data is stored and can be viewed at any time by registered customers by logging into https://shop.visitberlin.de/checkout/onepage/index/, unless the order was placed by the customer as a guest and no customer account was created in the online shop. The order data includes the written contract and the terms and conditions.
If the purchase order has been placed as a guest, the order data is no longer accessible for security reasons at http://shop.visitberlin.de after completion of the order process. The order data will be sent to the customer in written form by email.
4. The customer must ensure that the email address given to confirm the purchase order and process it is correct, so that emails sent by visitBerlin can be received at this address. In particular, the customer must ensure that spam filters are not blocking emails from visitBerlin.
5. Delivery of goods is carried out at regular intervals by shipment (postal service) to the delivery address specified by the customer against issue of a receipt. Vouchers/downloadable items will be sent via email. The ordered goods may not be collected personally.
6. Delivery in Germany is made within 5 working days (standard DHL shipping), to European countries outside Germany within 5-10 business days, and to countries outside of Europe within 10-14 business days. Goods will not be delivered on Sundays and public holidays.
7. If the customer or a person entitled to receive the order is not present at the designated delivery address, visitBerlin is hereby authorised to make the delivery to an alternate recipient. Alternate recipients may in particular be persons present in the home or designated address of the recipient. If the delivery is made to a neighbour of the customer, the revocation period set forth in §5 of these terms and conditions starts when the goods have been received by the customer.
8. If delivery of the goods to the address named by the customer is not possible, the customer must bear the costs of unsuccessful delivery. This does not apply if the customer is a consumer and exercises his right of cancellation by refusing to accept the delivery or if acceptance was impossible for reasons beyond the control of the customer or authorised recipient.
9. The goods remain the property of visitBerlin until payment has been made in full. The customer is not entitled to dispose of such goods until the title has transferred to him. If the item to which visitBerlin retains title has been modified in any way (e.g. through combination with other items), the customer hereby assigns visitBerlin co-ownership of said product. The transfer of title is replaced by an obligation on the part of the customer to preserve said product on behalf of visitBerlin free of charge.
10. The customer is not entitled to compensation for damages, if the delivery is made significantly more difficult or impossible due to circumstances beyond the control of visitBerlin such as force majeure or other events. Such events include in particular: fire, flooding, industrial disputes, operational interruptions, strikes and governmental orders 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 payments made will be reimbursed immediately.
11. Partial deliveries are permitted, unless the customer has no discernible interest in receiving the same or if these are manifestly not reasonable for the customer. If visitBerlin exercises this right, the costs of post and packaging will only be charged once.
12. visitBerlin reserves the right, in cases of improper deliveries from its suppliers, to withdraw from the contract. visitBerlin will make all reasonable efforts to obtain the goods. In the case of non-availability or only partial availability of the goods, the customer will be informed immediately and any payments made will be reimbursed immediately.

§4 Prices, payment terms and shipping costs

1. The prices specified in the online shop are final prices and include the currently applicable statutory VAT in Germany. The country-specific dispatch or delivery charges are listed for the customer in the annex to these terms and conditions, as well as at http://shop.visitberlin.de/versand. In addition, the shipping costs incurred by the customer are shown separately in the shopping cart, prior to conclusion of the order process.
2. No delivery charges are incurred for the dispatch of online vouchers by email.
3. The purchase price is due in advance when the order is submitted and can be paid by credit card (American Express, MasterCard and Visa) or by electronic debit. The customer is free to choose the payment method.
a) Payment by credit card (American Express, MasterCard and Visa): If paying by credit card, your account will be charged immediately upon submission of the order. We accept Visa, MasterCard/Eurocard and American Express.
b) Payment by electronic debit: If you select "payment by debit" during the checkout process, the invoice amount will be debited from your bank account within 5 days after submitting your order. This requires you to specify your name and your bank details. By ticking the box, you give us your consent to debit from your account.
c) Payment by PayPal: PayPal is an online payment service that allows you to pay quickly and easily in online shops at no charge to you as the customer. It does require you, however, to have an account or register for a new account with PayPal. If you have opted to use PayPal and have provided PayPal with your bank or credit card details, you can choose "Pay by PayPal" during the checkout process and pay by logging into your personal PayPal account with your email address and your password. For more information on PayPal, visit http://www.paypal.de/de.
visitBerlin is unable to accept other forms of payment.
4. In individual cases, with orders from countries outside the European Union, further costs may arise for which visitBerlin is not responsible and which must be borne by the customer. These may, for example, include costs for the transfer of funds by credit institutions (e.g. transfer fees, exchange fees).
5. The invoice will be sent to the customer together with the goods. The invoice amount is due upon receipt of the goods and invoice, but no later than 14 days after receipt. When paying by direct debit, we will debit your account no later than 5 business days after order completion.
6. If the customer is in default of payment, visitBerlin is entitled to a 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 the need for a reminder.

§5 Right of cancellation

Consumers have a right to cancel the contract under the following conditions:
You have the right to withdraw your contract declaration within 14 days without giving reasons.
The withdrawal period is fourteen days from the date on which you or a third party specified by you, other than the carrier, have taken possession of the goods ordered.
The cancellation must be sent to

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

by means of a written notice (e.g. by post, fax or email) that clearly expresses your intention to withdraw from the contract. You can use the attached withdrawal form template for this purpose, but this is not mandatory. The timely dispatch of the revocation (or the item) suffices to safeguard the period of revocation.

Consequences of Withdrawal
If you withdraw from this contract, we will refund all payments that we have received from you, including delivery costs (with the exception of any additional costs incurred by your optional choice of another mode of delivery other than the least expensive standard delivery offered by us) within fourteen days from the date on which your notice of withdrawal has been received by us. We will refund you using the same method of payment that you used for the initial transaction, unless otherwise expressly agreed; in no instance will you be charged fees for this refund. We may withhold reimbursement until we have received the goods returned by you, or once you have supplied us with evidence of having sent back the goods, whichever is the earliest.
You shall return the goods to us promptly and in any event not later than fourteen days from the date on which you notify us that you are exercising your right to rescind the contract. This deadline is considered as met if you send back the goods before the fourteen-day period elapses.
We bear the costs of returning the goods. You shall be obliged to compensate us for any deterioration in value of the goods, if such deterioration in value results from an improper handling of the goods which differs from the necessary inspection of the external condition, properties and functioning of the goods in question.

Exclusion of right of cancellation
The right of revocation does not exist for contracts mentioned under §312 para. 2 BGB (German Civil Code), in particular for the purchase of tickets or contracts relating to the carriage of persons in accordance with § 312 para. 2 no. 5 BGB, as well as for contracts mentioned under §312 g para. 2 BGB, in particular audio and video recordings or software in a sealed package, if the seal has been broken by the customer after delivery.

Withdrawal Form Template

If you wish to withdraw from this contract, please fill out this form and send it back to:
Berlin Tourismus & Kongress GmbH
Geschäftsbereich Customer Services & Vertrieb
Am Karlsbad 11
10785 Berlin
Fax: +49-(0)30-26 47 48 966
Email: versandatvisitBerlin [dot] de

I/we (*) hereby withdraw from the contract I/we (*) have concluded for the purchase of the following products (*):
...
Ordered on (*)/received on (*):
Name of the consumer(s):
Address of the consumer(s):
Signature of the consumer(s) (only for communications on paper):
Date:
(*) Delete as appropriate.

End of information on the right of withdrawal

Note: A withdrawal of the products Berlin WelcomeCard, Berlin WelcomeCard Museum Island and Museum Pass is excluded if these have already been used/validated. The same applies if a voucher ordered via the online shop has already been redeemed against a BWC hard-ticket because the voucher can no longer be blocked in this case. visitBerlin expressly reserves the right to claim damages in such cases.

§6 Guarantee

1. The statutory provisions shall apply for defects in the purchased item.
2. If the customer acts as a merchant within the meaning of §1 of the German Commercial Code (HGB), he shall be subject to the duty of commercial inquiry and reprimand according to §377 HGB. If the customer neglects the obligations to give notice specified there, the goods will be considered approved.
3. If the customer is acting as a consumer, he is asked to report obvious transport damage to the delivery agent and inform visitBerlin thereof. The failure of the customer to do so will have no impact on his statutory or contractual warranty claims. If the merchandise is deficient in any other way, the customer must notify visitBerlin promptly.
4. visitBerlin will inform the customer shortly thereafter if visitBerlin or a service provider it has commissioned will collect the goods from the customer or if the goods are to be returned at the cost of visitBerlin.
5. If the number of delivered products is not identical with the ordered quantity, visitBerlin again asks to be notified promptly at the aforementioned address.

§7 Special provisions for the purchase of Berlin WelcomeCard vouchers

1. Each customer can order no more than 10 vouchers.
2. The voucher can only be used once because its number is automatically invalidated when redeemed as a hard-ticket; it can be redeemed in one of the locations listed below:

At the Berlin Tourist Info locations:
Hauptbahnhof (Central Train Station) (ground floor / entrance Europaplatz)
Every day 8.00 am – 10.00 pm
Tegel Airport (TXL) directly at gate A 01
Every day 8.00 am – 9.00 pm
Neuer Kranzler Eck (near Zoo / Kurfürstendamm)
Kurfürstendamm 22, Passage
Mon to Sat: 9.30 am – 8 pm, Sun 10 am – 6 pm (extended opening times from April to October)
Brandenburg Gate (Pariser Platz / Southern gatehouse)
Every day 9.30 am – 7.00 pm
(extended opening times from April to October)
Info Point in the TV tower
Every day 10.00 am – 4.00 pm
(extended opening hours April - October)

Additional locations:
DER Touristik Airportservices GmbH (TXL)
Berlin Tegel Airport - Gate A 02
13405 Berlin
Every day 6.00 am – 9.00 pm
Tourist Information Berlin-Schoenefeld (SXF)
Berlin Schönefeld Airport - SXF Terminal A, main hall / ground floor right
Every day 7.00 am – 10.00 pm

3. The costs for the journey to the point of redemption will not be reimbursed. visitBerlin, as publisher of the tickets, is not liable for any personal injury or property damage suffered by the customer while travelling to the point of redemption.

4. The vouchers do not qualify as tickets and do not grant any discounts by tourism service providers. No fees are charged when the voucher is redeemed.
5. The voucher may only be redeemed by the person named on the voucher (in general the purchaser). The customer however has the opportunity to name a third person as collector of the tickets when ordering the voucher in the visitBerlin online shop. In this case the voucher may be redeemed both by the customer and the named collector.
6. The purchaser or respectively the collector of the voucher must identify themselves by a valid identity card or passport. The redemption offices are authorized to validate and collect the personal data needed for identification before redeeming the voucher. The collector confirms the receipt in written form.
7. The voucher is non-transferrable and cannot be redeemed for cash.
8. The voucher is valid within the specified period of time. visitBerlin will not reimburse any costs in the event that the voucher is not redeemed in time or is lost. The voucher must be presented for it to be redeemed.
9. The customer is not entitled to reproduce, copy or modify the printed voucher. After receipt, the customer is obliged to store the voucher/printout away from access by third parties. If the ticket is duplicated by a third party, or if the voucher is lost before redemption, the customer is liable for any resulting loss or damages. A refund of the purchase price in case of loss of the voucher or duplication of the voucher by third parties is excluded.
10. Every misuse of vouchers, reproduction, etc. is punishable under criminal law and will be prosecuted. visitBerlin expressly reserves the rights to claim compensation in such cases.
11. For security reasons to avoid cases of fraud, the specific terms and provisions for the ordering and redemption of vouchers are to be effected by means of online payment. The customer explicitly agrees to the validity of aforesaid provisions.

§8 Notes on the use of the Berlin Welcome Card (BWC)

1. The BWC includes the Berlin WelcomeCard Ticket for public transport and the Berlin WelcomeCard Guide.
2. The use of the particular discounts offered by tourism service providers is possible only upon presentation of the Ticket + Guide. Before use of services, the user must submit Ticket + Guide without request.
3. The BWC 2014 can be purchased for 48/72 hours or for 5 days and for this period of time the user can travel free of charge within the tariff zone AB or ABC of the Verkehrsverbund Berlin-Brandenburg (VBB).
4. By purchasing the BWC 2014 Museumsinsel (Museum Island), during the period of validity the user is also permitted one free entry to each of the museums currently open on the Museumsinsel Berlin (excluding special exhibitions).
5. Within the applicable tariff zone the user is entitled to use the S-Bahn and U-Bahn, bus, trams as well as regional trains (excluding excursions and special services).
6. The BWC 2014 must be validated at the machines indicated prior to commencing the journey. The period of validity – i.e. 48/72 hours or five days – commences with the validation. The 5-day ticket expires at midnight on the last day of validity. .
7. The BWC 2014 may be validated until 31.12.2014, with the period of validity lasting (at the most) until midnight on 02.01.2015 (48-hour ticket) or 03.01.2015 (72-hour ticket) or until 04.01.2015 (5-day ticket).
8. The price includes a travel cost component incl. statutory VAT in accordance with the details as set out on the ticket. The collection of the travel cost component is performed in the name and on the account of the transport company.
9. The user’s entitlement to travel is established directly vis-à vis the travel company in accordance with the transport terms and conditions applicable within the tariff zone of the VBB.
10. The discounts on the services offered by numerous tourism service providers, e.g. city bus and walking tours, boat cruises, entrance to museums/theatres, places of interest and visitor attractions can be up to 50% depending on the provider/service type.
11. The information contained in the Guide is based solely on the details provided the participating service provider. visitBerlin, as the publisher of the Guide, does not assume any liability for the information provided by the service provider. Service provider offers which are not detailed in the Guide and under www.berlin-welcomecard.de may require the user to pay additional charges.
12. No discounts may be claimed after the expiry of the BWC 2014 ticket nor will unclaimed discounts be refunded.
13. As the publisher, visitBerlin does not assume any liability for the non-performance or inadequate performance of the service provider or for any personal injury or damage to property suffered by the user when using the services included in the BWC. The user must assert such claims solely with the respective service provider.
14. In addition, visitBerlin shall only be liable without restriction insofar as liability is mandatory by law and only in cases of intent and gross negligence as well as where a warranty has been provided. In cases of slight negligence, liability is unlimited for injury to life, body or health. In case of slightly negligent breach of essential contractual obligations, liability is limited to the resultant property damage and financial loss in the amount of the foreseeable, typically occurring damage. Liability is excluded in respect of indirect damage/loss, especially consequential damage, unforeseeable damage, damage not typical for this type of contract and for lost profits. The same applies for the consequences of labour disputes, accidental damage and force majeure. visitBerlin excludes all liability in relation to technical faults (e.g. availability of the website).
15. Unless otherwise indicated, discounts for stage events will only be available from the evening box-office; all other discounts will be available from the day-time box office.
16. Unless otherwise indicated, the discounts apply in respect of adults and the standard (normal, non-reduced) price. Where available and unless otherwise indicated, child discounts are available for up to three children under the age of 15.
16. The event organiser or service provider expressly reserves to the right to make changes to the service offer, opening times, standard prices and period of performance.

§9 Applicable law

The contractual parties agree with regard to all legal relationships arising from this contractual relationship, now and after fulfilment of the contract, on the application of German law to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods.

§9 Place of performance/jurisdiction

1. It is agreed that the registered address of visitBerlin is the place of performance for all mutual obligations arising from the contract. For consumers, this choice of law shall only apply in so far as protection provided is withdrawn by mandatory provisions of the law of the Member State in which the consumer has his habitual residence.
2. The place of jurisdiction is agreed to be solely at the responsible court for the place of performance if the customer is a trader in the sense of the German Commercial (HGB), a legal body governed by public law or special assets subject to public law, or does not have a general place of jurisdiction within the Federal Republic of Germany.

§10 Reservation of right to make amendments

visitBerlin reserves the right to amend these terms and conditions at any time. The version of the terms and conditions valid at the time of the order, acknowledged and confirmed by the customer, shall be binding.

§11 Severability

If any of the provisions of these terms and conditions be or become invalid, this shall not affect the validity of the remaining provisions.

Updated: June 2014

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