Please read these terms and conditions carefully prior to conclusion of the contract.

Transcription

1 General Terms and Conditions for the Berlin Welcome Card all inclusive Dear customer, Please read these terms and conditions carefully prior to conclusion of the contract. With the above product (hereinafter: BWC all inclusive ), Berlin Tourismus & Congress GmbH (visitberlin) distributes and mediates the services of third-party service providers in its own name and for its own account (all-inclusive services) or in thirdparty names for third-party accounts (discount services). The BWC all inclusive is distributed in cooperation with Turbopass Ticket GmbH hereinafter Turbopass. visitberlin does not perform any of the services, events or other activities offered with the BWC all inclusive itself; rather, all-inclusive services and discount services are offered bundled as a combi-ticket. Actual performance is carried out by a third party, hereinafter referred to as service providers. Service providers within the meaning of these Terms and Conditions are those institutions, companies, self-employed persons, business people and facilities which are named in the applicable service specifications of the BWC all inclusive as the providers of the respective services. Services are therefore always provided on the basis of the general terms and conditions (GTCs) that are applicable for the service providers. The customer will be informed by the service provider with regard to the applicable GTCs, or the GTCs can be viewed on the website of the service provider. visitberlin is not responsible for performing services, but merely for ensuring that the BWC all inclusive provides customers with an entitlement vis-à-vis the service providers to the conclusion of a contract under the conditions discernible from the service specifications. Depending on the offer from the service provider, you will have either free admission/entitlement or admission/entitlement at a reduced price. visitberlin has included additional discount partners (e.g. shops, restaurants, theatres) as well as the classic tourist facilities. The BWC all inclusive is available with or without use of public transport. Use of public transport is free with the corresponding product variant and relates to the ABC fare zones (incl. Potsdam and Schönefeld airport SXF). The entitlement of the user to transportation arises directly vis-à-vis the transport companies in accordance with the conditions of carriage in the fare zone of the Verkehrsverbundes Berlin-Brandenburg (VBB). 1. Participants, product variants, prices 1.1 Berlin Tourismus & Kongress GmbH (visitberlin), Am Karlsbad 11, Berlin, Tel. +49 (0) , is the issuer of the BWC all inclusive in cooperation with Turbopass Ticket GmbH, Alsterdorfer Str. 245, Hamburg, Tel. +49 (0) 40 / The issuer is available on the telephone number +49 (0) to address any questions or suggestions you may have about the product as well as any complaints or issues. 1.3 The BWC all inclusive consists of the card, which entitles the holder to performance by the service providers, the BWC ai guide, which describes all service providers, and, where appropriate, the ticket for use of public transport. You will receive a package of free or discounted services from the participating service providers, and it is available for adults in the following product variants: BWC all inclusive 48 hours without public transport BWC all inclusive 72 hours without public transport BWC all inclusive 4 days without public transport BWC all inclusive 48 hours with public transport BWC all inclusive 72 hours with public transport BWC all inclusive 4 days with public transport Users aged 15 and over are considered adults; users between the ages of 3 and 14 are considered children. The product version for children is available only in connection with the purchase of a BWC all inclusive for adults. The following product variants are available for children: 1

2 BWC all inclusive 48 hours BWC all inclusive 72 hours BWC all inclusive 4 days The product version for children (3 14 years) is available only without public transport use, since this is available to them through the accompanying adult ticket. The conditions of carriage in the fare zone of the Verkehrsverbund Berlin-Brandenburg (VBB) apply with respect to the transportation. Therefore, up to 3 children (3 14 years) can accompany each adult with a BWC all inclusive. The product version for children is available only in connection with the purchase of a BWC all inclusive for adults. If you purchase your ticket online, the BWC guide is available from the Berlin Tourist Information office. 1.4 The BWC all inclusive is available in different purchase variants (ticket by post, online ticket, voucher). The BWC all inclusive can be purchased at at Berlin Tourist Info offices (with the exception of the Berlin Tourist Info at the central bus station), and through various visitberlin distribution partners. The BWC all inclusive is available from the various distribution channels in various purchase options. Where necessary, the customer must check which purchase options are available from which distribution channel. 1.5 The BWC all inclusive may only be used for a fixed period of validity. Please note that a voucher does not entitle the holder to services as is; rather, it must be redeemed for an original ticket in the Berlin Tourist Info offices (with the exception of the Berlin Tourist Info office at the central bus station). Only the ticket by post and the online ticket entitle the ticket holders directly to the services from the participating service providers. 1.6 The transportation ticket must be stamped once before being used for the first time. Before using the card, the holder must fill it in by hand with the holder s full name and the date of the first day of validity. After the expiry of the validity period, the BWC all inclusive automatically becomes invalid. 1.7 Locations of Berlin Tourist Info offices for the redemption of vouchers: Main railway station: Ground floor, entrance Europaplatz Airport Tegel (TXL): directly at gate A 01 and gate A 02 (DER Touristik Airport Services GmbH) In the Europa-Center: Tauentzienstrasse 9, ground floor Brandenburg Gate: Pariser Platz, southern gatehouse Hotel Park Inn by Radisson Berlin Alexanderplatz: Alexanderplatz 7, hotel lobby 1.8 The prices for the BWC all inclusive are determined by the respective product variant and are final prices including VAT applicable in Germany. In the product variant with use of public transport, the sale price includes transport costs including statutory VAT in accordance with the information on the public transport ticket. The collection of the transportation costs is undertaken by visitberlin in the name and for the account of the transportation companies. 2. Authorised users 2.1 Authorised user is the person to whom the BWC all inclusive was issued. The BWC all inclusive is personal and may not be transferred to third parties. 2.2 Personal data of customers is used only to fulfil the purpose of the contract, as well as in the framework of the relevant data protection regulations, in particular in compliance with the technical and organisational security measures to be taken. 3. Conclusion of contract, payment 3.1 The representation of the BWC all inclusive at berlin-welcomecard.de does not represent a legally binding offer but rather a non-binding online catalogue. Information submission errors can be corrected before submission of the order through the technical means provided in the online shop, as well as via the usual keyboard/mouse functions. The contract may be concluded in either German or English. By clicking on the button "buy"/"submit binding order", you are submitting a binding order for the products in the shopping cart. Information errors can no longer be corrected after this point. Once the order has been submitted, receipt of the order will be confirmed and results in immediate conclusion of the contract. The purchased vouchers will be sent to the address specified by you; purchased postal tickets will be sent to the address you provided. Tickets are delivered by post within 5 days in Germany (DHL standard shipping), to European countries within 5 10 days and to countries outside Europe within days. Delivery charges are shown separately in the shopping basket. No deliveries are made on Sundays or public holidays. The pickup of goods ordered online is not possible. Delivery by post is always carried out by Turbopass ticket GmbH. There are no delivery charges for vouchers sent by . 2

3 3.2 Your order details will be saved and can be retrieved via the service telephone number of Turbo Ticket GmbH (+49 (0) ) by quoting your order number. The order details include the contractual text along with the GTCs. Order data will be sent to the customer in text form by it is the customer s responsibility to ensure that the address or postal address provided by him for the confirmation of the order/order processing is correct, so that vouchers or goods can be received at that address. In particular, the customer must ensure, if SPAM filters are being used, that the s sent out can be delivered. 3.4 The purchase price is immediately due in advance upon ordering and can be paid using credit card (Mastercard, Visa), PayPal, the Sofortüberweisung payment system or bank transfer. In the case of payment by credit card and PayPal, the point of payment is simultaneous with the point of ordering. If payment is made using the PayPal payment service, the payment is processed through PayPal (Europe) S.à r.l. et Cie, S.C.A., Boulevard Royal, L-2449 Luxembourg, under application of the PayPal terms of use, which can be viewed atwww.paypal.com. This requires, amongst other things, that the customer opens a PayPal account or already has such an account. In the event that the credit card payment is rejected, the customer is obliged to pay the purchase price within 10 days of receipt of the services, including any accrued costs or fees. These costs include those incurred due to the cancellation of the credit card debit. If payment is made via Sofortüberweisung, the customer can trigger payment for the ordered goods via his online banking account during the ordering process. After selecting Sofortüberweisung in the ordering process as the method of payment, the customer will be directed to the secure payment form of SOFORT GmbH, Fussbergstrasse 1, Gauting. SOFORT GmbH undertakes the payment process automatically (which is comparable to paying with an EC card and PIN) without access to the transaction by Berlin Tourismus & Kongress GmbH. Just like when using an EC card, SOFORT GmbH will check the available credit in your account when making a payment by Sofortüberweisung and, if there is sufficient account coverage, undertakes the transfer to Berlin Tourismus & Kongress GmbH. In addition, the SOFORT GmbH system checks in around 30% of cases if previous payments have been made with Sofortüberweisung in order to rule out systematic fraud. To perform a Sofortüberweisung transaction, SOFORT GmbH requires your name, bank code and account number, as well as the PIN and a TAN for your online banking account. Only the customer s name, bank code, account number, stated transaction purpose, amount and date of the transfer will be saved, not the credit availability or balance of the customer s account nor past transactions. If the transaction is successful, Berlin Tourismus & Kongress GmbH receives only an automated confirmation from SOFORT GmbH in real time that the transfer was carried out. When making a payment by bank transfer, the customer must transfer the purchase price to the account of Berlin Tourismus & Kongress GmbH, GmbH, IBAN: DE , BIC: DRESDEFF100, quoting the order number as purpose of transaction. In the case of a payment by means of electronic direct debit (ELV), a mandate is granted to visitberlin which allows the customer s account to be debited by the price due by way of SEPA direct debit. The mandate is part of the confirmation. Collection of the direct debit payment takes place five days after the date of invoice. The period for pre-notification will be reduced to 3 days. The customer guarantees to ensure sufficient funds in the account. The customer bears any costs incurred if the direct debit in not honoured or reversed, provided that the non-honouring or reversal of the debit was not caused by visitberlin. In the case of order transactions up to 3 days before claiming services, certain methods of payment may not be available. 3.5 Additional charges may apply in individual cases to orders from countries outside the European Union; these charges are not attributable to the issuer and must be borne by the customer. These include, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, currency exchange fees). 4. Type and scope of services, limitation of services, exclusion from provision of services 4.1 The nature and scope of services is taken exclusively from the applicable description of services at the time of purchase of the BWC all inclusive. Insofar as the BWC all inclusive grants discounts on services subject to a charge, only this discount may be claimed with the card in each case. Further discounts, irrespective of type, in particular those associated with other cards, may not be claimed at the same time or together. 3

4 4.2 The BWC all inclusive entitles the user only to one-time performance of the service by the respective service provider. If a certain value of the service is not used up or the service is not fully used, the unused difference will be forfeited. A reimbursement is excluded. 4.3 The service providers are obliged to perform services only in accordance with the general terms and conditions of their business activities, in particular taking into account advertised service times, opening hours and general performance requirements (e.g. weather conditions). 4.4 Insofar as the services of the BWC all inclusive are also described outside of the applicable description of services in other advertising materials (accommodation directories, prospectuses, catalogues, Internet sites), only the specifications in the applicable description of services shall apply for the entitlement to services. This applies in particular if the description in the service specifications for the BWC all inclusive deviates from such other descriptions of services. 4.5 Service providers may exclude customers from use, either wholly or in part and temporarily or permanently, if the customer does not fulfil specific personal requirements (e.g. health-related requirements or requirements regarding clothing or equipment), where use can be expected to result in the endangerment of the customer, of third parties or of the facilities of the service provider. The same applies if the customer violates statutory regulations, safety regulations, regulations of use or the instructions of supervisory persons, or otherwise behaves contrary to the terms of the contract to the extent that exclusion is objectively justified. 4.6 No claims by the customer exist in the event of justifiable restriction or a justifiable exclusion from the services. 5. Use of the BWC all inclusive, obligations of the ticket holder 5.1 In order to claim services, the customer is required to present the original ticket and submit it to electronic inspection or visual inspection by the service provider before claiming services. 5.2 The customer must present a valid photo ID to the service provider upon request. In the case of age-relevant services or advantages to the customer or his eligible dependents, the service provider may require proof of age. 5.3 The BWC all inclusive includes no insurance services. The customer is responsible for checking and ensuring his own insurance coverage, in particular for accidents in connection with the use of the services provided by the card. 5.4 The customer is not entitled to reproduce, duplicate or alter the BWC all inclusive. It is to be kept so that unauthorised third parties do not have access to it. No refund will be made in the case of loss or damage to the BWC. The customer will bear the cost of any damages associated with unauthorised reproduction or duplication by third parties. 6. Exclusion of right of withdrawal/cancellation 6.1 The statutory right of withdrawal for consumer contracts concluded by means of e-commerce is excluded: for the purchase of transportation tickets or contracts for the carriage of persons (Section 312 paragraph 2 (5) BGB) and for contracts for the provision of services in the areas of accommodation for purposes other than residential purposes, the transportation of goods, motor vehicle rental, the delivery of food and beverages, and the provision of other services related to leisure activities, if the contract for the provision provides for a specific date or period (Section 312 g paragraph 2 (9) BGB). 6.2 This means that the statutory right of withdrawal does not exist for the purchase of the BWC all inclusive. 6.3 Contrary to the legal provisions, the customer has the possibility to cancel the BWC all inclusive up to 1 day before the specified date of validity. In this case, however, a processing fee of will be charged per ticket. To cancel, an to reservierung@visitberlin.de quoting the transaction number is sufficient. Tickets purchased at a Berlin Tourist Info office may also be cancelled up to 1 day before the specified date of validity but only upon presentation of the receipt of purchase from the Berlin Tourist Info office. 7. Reservation of changes with regard to the services and these GTCs The issuer is entitled to modify the services according to the specifications in the description of services by unilateral declaration or public announcement for objective reasons. The same applies to the amendment of these GTCs by the issuer. 8. Liability and limitation of liability 4

5 The issuer is not liable vis-à-vis the customer for non-performance or unsatisfactory performance nor for other breaches of obligations, and hence is also not liable for damages suffered by the customer on the occasion of provision of services. Any resulting claims are to be asserted exclusively against the service provider. The liability of the issuer is limited to intent and gross negligence within the scope of its intermediary activities. 9. Limitation of claims Contractual claims of the customer against the service provider arising from the injury to life, body or health, including contractual claims for damages based on a deliberate or negligent breach of duty by the service provider or its legal representatives or vicarious agents, shall expire in three years. All other contractual claims expire in one year. 10. Information on online dispute resolution and on the use of a consumer arbitration board 10.1 The European Commission has created an Internet platform for the online settlement of disputes (the so-called "OS platform"). The OS platform serves as a contact point for the out-of-court settlement of disputes concerning contractual obligations arising from online purchase contracts. The customer can access the OS platform under the following link: Berlin Tourismus & Kongress GmbH does not participate in voluntary dispute resolution proceedings before a consumer arbitration board. Nevertheless, we are obliged to give you the contact details of the competent authority: Allgemeine Verbraucherschlichtungsstelle des Zentrums für Schlichtung e.v., Strassburger Str. 8, Kehl, Telephone: , Fax: Internet: mail@verbraucher-schlichter.de. 11. Choice of law and jurisdiction German law shall apply exclusively to the contractual relationship between the authorised ticket user and visitberlin. Court of jurisdiction is Berlin. For consumers, this choice of law applies only insofar as the protection that is provided by compulsory regulations under the law of the state in which the consumer has his habitual abode is not taken away. CISG is excluded. 12. Miscellaneous Any English translation is based on the German original. The translated version of the German general terms and conditions is a courtesy translation and serves only for informational and internal purposes. In the case of disputes, contradictions or discrepancies between the German version and the version in a different language, the German version applies within the framework of the statutory provisions and is binding. Should individual provisions of these GTCs be void or become so, the other provisions remain effective. Version: May