1. Scope of the Terms and Conditions, Subject Matter of the Contract
2. Conclusion of the Contract
3. Right of Withdrawal
4. Prices and Payment Terms
5. Delivery and Shipping Terms
6. Warranty, Liability for Defects

7. Liability
8. Redemption of Gift Vouchers
9. Applicable Law
10. Place of Jurisdiction
11. Information on Online Dispute Resolution
12. Consumer Dispute Resolution / Arbitration

§ 1 Scope of Application of the Terms & Conditions, Subject Matter of the Contract

(1) These Terms and Conditions (hereinafter “TC”) apply to all contracts that a consumer or entrepreneur (hereinafter “Customer”) concludes with Mr. Dominic Lindner, Lützowstraße 111A, 10785 Berlin (hereinafter referred to as “Faszination Stadtrundfahrt e.K.”) regarding tickets offered by Faszination Stadtrundfahrt e.K. in the online shop for city and harbor tours as well as for those city tours that are not conducted by Mr. Lindner himself and are therefore covered by Part B of the TC.

Faszination Stadtrundfahrt e.K. hereby expressly objects to the inclusion of the Customer’s own terms and conditions, unless otherwise individually agreed.

(2) Insofar as these TC refer to a consumer, this includes any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to their commercial nor to their independent professional activity. When referring to an entrepreneur, this concerns the natural or legal person or partnership with legal capacity that acts in the exercise of their commercial or independent professional activity when concluding a legal transaction.

(3) The subject matter of the contract regulated in these TC between the Customer and Faszination Stadtrundfahrt e.K. is exclusively the sale of tickets for the events described under (1). As far as the execution of the respective event is concerned, only the legal and/or contractual regulations in the relationship between the Customer and the respective organizer apply.

(4) These TC apply accordingly to the purchase of vouchers, unless expressly stated otherwise.

§ 2 Contract Formation

(1) The contract is concluded in electronic commerce via the shop system or via other means of distance communication (e.g. email) through offer and acceptance.

(2) The displayed offers are to be understood as non-binding invitations for the customer to submit an offer to conclude a contract.

(3) The submission of an offer by the customer when using the shop system takes place through the following steps:

• Selection of the offer in the desired specification (quantity, date, time, etc.)
• Clicking the “Add to cart” button to place the desired product in the shopping cart.
• In the shopping cart, click on “Book tickets” and proceed with entering personal data.
• Subsequently, personal data and billing address are entered and confirmed with “continue to step 2”.
• The payment method is selected and confirmed with “continue to step 3”.
• In step 3, you check your data and products for completeness and can place a chargeable order via the “Buy now” button.

By clicking on “Buy now”, the customer submits a legally binding offer to Faszination Stadtrundfahrt e.K. to conclude a purchase contract regarding the tickets contained in the shopping cart.

(4) Faszination Stadtrundfahrt e.K. can accept the customer’s offer as per section (3) above within 1 day,

– by sending the customer a written order confirmation or an order confirmation in text form (fax or email) (the receipt of the order confirmation by the customer is decisive for compliance with the deadline), or
– by making the ordered ticket available to the customer as per § 5 below (the receipt by the customer is decisive for compliance with the deadline), or
– by requesting payment from the customer after submitting their order.

If several of the aforementioned alternatives apply, the contract is concluded at the time when the first of the aforementioned alternatives occurs. If the seller does not accept the customer’s offer within the aforementioned period, this is deemed a rejection of the offer with the consequence that the customer is no longer bound by their declaration of intent

The period for accepting the offer begins on the day after the customer sends the offer and ends at the end of the fifth day following the sending of the offer.

(5) The customer also has the option to place orders via alternative means of distance communication (e.g. email). In this case, Faszination Stadtrundfahrt e.K. submits an offer to the customer via email after prior discussion. The present TC also apply to this. The customer has the option to accept the offer within five days of receipt. This is done by declaration via email by directly responding to the offer email from Faszination Stadtrundfahrt e.K..

(6) After conclusion of the contract or with the declaration of acceptance by Faszination Stadtrundfahrt e.K., the customer receives an invoice including VAT statement and is hereby or simultaneously requested to pay – unless payment has already been made.

(7) If the customer submits their offer via the shop system, the contract text is saved by Faszination Stadtrundfahrt e.K. and sent to the customer in text form (e.g. email, fax or letter) after sending their order along with the present TC. Additionally, the contract text is archived by the shop system and can be made available upon request if necessary.

(8) If the customer submits their offer via the shop system, they can continuously correct their entries using the usual keyboard and mouse functions until clicking on “Buy now”. Furthermore, all entries are displayed once more in the confirmation window (see above “Step 3”) before the binding submission of the order by clicking on “Buy now” and can also be corrected there using the usual keyboard and mouse functions.

(9) Only the German language is available for the conclusion of the contract.

(10) Order processing and contact between the customer and Faszination Stadtrundfahrt e.K. usually take place via email and automated order processing. The customer is therefore obliged – to ensure smooth processing – to ensure that the email address and/or telephone number provided to Faszination Stadtrundfahrt e.K. – whether through the shop system or in connection with an inquiry according to (5) is correct and that calls or emails can be received there. The customer must also ensure that emails sent to them by Faszination Stadtrundfahrt e.K. can reach the inbox; in particular, any SPAM filters used must be configured accordingly by the customer.

§ 3 Right of withdrawal

(1) Consumers generally have a right of withdrawal, unless a legal exception applies. This does not apply to consumers who, at the time of conclusion of the contract, do not belong to any member state of the European Union and whose sole place of residence and delivery address at the time of conclusion of the contract are outside the European Union.

(2) Further information on the right of withdrawal can be found in the withdrawal instructions of Faszination Stadtrundfahrt e.K..

§ 4 Prices and Payment Terms

(1) The prices stated by the seller are total prices and include the statutory value added tax. In case of doubt, the stated amount is to be understood as an amount in euros. Shipping is generally free of charge via email. If, in exceptional cases, additional delivery and shipping costs are incurred, these will be stated in the respective event description. The prices agreed between the parties may in individual cases differ from the prices printed on the event tickets.

(2) Various payment options are available to the customer, which are specified in the online shop or during the order process.

(3) If advance payment is agreed – which is to be assumed in case of doubt – payment is due immediately after conclusion of the contract.

(4) For payment using a payment method offered by PayPal, payment processing is carried out via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: “PayPal”), subject to the PayPal Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or – if the customer does not have a PayPal account – subject to the terms for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.

(5) For deliveries to countries outside the European Union, additional costs may arise in individual cases for which Faszination Stadtrundfahrt e.K. is not responsible; these must be borne by the customer. These include costs charged by credit institutions used for payment processing for money transfers (e.g. transfer fees, exchange rate fees). Import duties or taxes (e.g. customs duties) also fall under this category. Costs may also arise in relation to money transfers even if delivery is not to a country outside the European Union, but the customer makes payment from a country outside the European Union.

(6) For credit card payments, the customer must be the cardholder. Otherwise, Faszination Stadtrundfahrt e.K. reserves the right to reject the payment and refuse contract fulfillment. The credit card is charged before the ticket is sent.

(7) For payment by direct debit, the customer must reimburse Faszination Stadtrundfahrt e.K. for the additional expenses incurred if the debit fails for reasons attributable to the customer, e.g. due to prior revocation of the direct debit authorization or insufficient account coverage. The additional expense regularly amounts to 6 EUR and must be reimbursed by the customer in this amount; unless the customer provides evidence that only significantly lower or no damage at all has occurred.

§ 5 Delivery and Shipping Conditions

(1) After payment, the customer will receive the booked ticket(s) as a PDF file via email. For this purpose, the email address provided by the customer during ordering (which is therefore mandatory) will be used. Delivery takes place within 3 days of receipt of payment at the latest, unless otherwise stated in the item description.

(2) Faszination Stadtrundfahrt e.K. reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. This only applies in the event that the non-delivery is not the responsibility of the seller and the seller has concluded a specific covering transaction with the supplier with due care. However, Faszination Stadtrundfahrt e.K. will always make all reasonable efforts to procure the tickets. Should the tickets actually not be available or only partially available, Faszination Stadtrundfahrt e.K. will immediately inform the customer and immediately refund any purchase price payment made by the customer.

(3) Self-collection of tickets ordered according to these TC is not possible for logistical reasons.

(4) Vouchers will be sent to the customer via email.

§ 6 Warranty, Liability for Defects

(1) Faszination Stadtrundfahrt e.K. is liable for material or legal defects in the delivered tickets according to the statutory provisions.

(2) Faszination Stadtrundfahrt e.K. is not liable for the contractual performance of the event. The contractual performance of the event is the responsibility of the respective organizer. In case of service disruptions during the event (e.g., if the date is postponed by the organizer or the event is canceled entirely), the customer can contact the respective organizer.

(3) For entrepreneurs, the following applies in deviation from the above:
a) an insignificant defect generally does not give rise to any claims for defects;
b) the seller has the choice of the type of subsequent performance;
c) the limitation period for defects in new goods is one year from the transfer of risk;
d) the limitation period does not start anew if a replacement delivery is made within the scope of liability for defects.

(4) The above-mentioned limitations of liability and shortening of limitation periods do not apply
– to damages resulting from injury to life, body or health, which are based on an intentional or negligent breach of duty by the seller or an intentional or negligent breach of duty by a legal representative or vicarious agent of the seller;
– to other damages based on an intentional or grossly negligent breach of duty by the seller or on an intentional or grossly negligent breach of duty by a legal representative or vicarious agent of the user; and
– in the event that the seller has fraudulently concealed the defect.

(5) For entrepreneurs, it also applies that the statutory limitation periods for the right of recourse according to § 478 BGB remain unaffected.

(6) If the customer acts as a consumer, he is requested to complain to the deliverer about delivered goods with obvious transport damage and to inform the seller thereof. If the customer fails to do so, this has no effect on his statutory or contractual claims for defects.

§ 7 Liability

Liability of Faszination Stadtrundfahrt e.K. for all contractual, quasi-contractual and statutory claims, including tort claims for damages and reimbursement of expenses, exists towards the customer as follows:

(1) Regardless of the legal basis, Faszination Stadtrundfahrt e.K. is liable to the customer without limitation in cases of intent or gross negligence, for intentional or negligent injury to life, body or health, based on a guarantee promise, unless otherwise regulated in this regard, and based on mandatory liability such as under the Product Liability Act.

(2) If Faszination Stadtrundfahrt e.K. negligently breaches a material contractual obligation (so-called cardinal obligation), liability is limited to the foreseeable damage typical for the contract, unless unlimited liability applies according to the preceding paragraph. Material contractual obligations are obligations that the contract imposes on the seller according to its content in order to achieve the purpose of the contract, the fulfillment of which makes the proper execution of the contract possible in the first place and on the compliance with which the customer may regularly rely; in the present case, this includes in any case the obligation to deliver the purchased item free of defects.

(3) Otherwise, liability of the seller is excluded.

(4) The above liability regulations also apply with regard to the liability of Faszination Stadtrundfahrt e.K. for vicarious agents and legal representatives.

§ 8 Redemption of Gift Vouchers

(1) Vouchers that can be purchased through the online shop (hereinafter “gift vouchers”) can only be redeemed in the online shop of Faszination Stadtrundfahrt e.K.; unless otherwise stated on the voucher itself.

(2) Gift vouchers and remaining balances from gift vouchers can be redeemed until the end of the third year after the year of voucher purchase. Remaining balances will be credited to the customer until the time specified in sentence 1.

(3) The redemption of gift vouchers is only possible before conclusion of contract within the automated ordering process in the shop system. Subsequent offsetting is excluded.

(4) The redemption of multiple gift vouchers within one order is possible.

(5) The redemption of gift vouchers is only possible when purchasing tickets (not when purchasing other vouchers).

(6) If the value of the gift voucher does not cover the order value, the difference can be paid using the payment methods offered by Faszination Stadtrundfahrt e.K. The selection is made as described above during the order processing.

(7) Faszination Stadtrundfahrt e.K. is not obligated to pay interest on the balance of a gift voucher. Cash payment of the balance is excluded.

(8) The gift voucher is intended only for use by the person named on it. A transfer to third parties is only possible in exceptional cases and only with the consent of Faszination Stadtrundfahrt e.K. Faszination Stadtrundfahrt e.K. is entitled, but not obligated, to verify the entitlement of the respective voucher holder and, if the entitlement does not exist, to refuse redemption if necessary.

§ 9 Applicable Law

(1) The law of the Federal Republic of Germany shall apply to all legal relationships between the parties, excluding the laws on the international sale of movable goods (UN Sales Law, CISG). For consumers, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has their habitual residence is not withdrawn.

(2) Furthermore, this choice of law does not apply with regard to the statutory right of withdrawal for consumers who, at the time of conclusion of the contract, do not belong to a member state of the European Union and whose sole residence and delivery address at the time of conclusion of the contract are outside the European Union.

§ 10 Place of Jurisdiction

If the customer acts as a merchant, legal entity under public law or special fund under public law with registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the place of business of Faszination Stadtrundfahrt e.K.. If the customer has its registered office outside the territory of the Federal Republic of Germany, the place of business of Faszination Stadtrundfahrt e.K. is the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the professional or commercial activity of the customer. However, Faszination Stadtrundfahrt e.K. also remains entitled in the aforementioned cases to bring action before the court at the customer’s registered office.

§ 11 Information on Online Dispute Resolution

The EU Commission will provide an internet platform for online dispute resolution (so-called “ODR platform”) in the first quarter of 2016. The ODR platform is intended to serve as a point of contact for the out-of-court resolution of disputes concerning contractual obligations arising from online sales contracts. The ODR platform will be accessible via the following link: http://ec.europa.eu/consumers/odr

§ 11 Information on Online Dispute Resolution

The EU Commission will provide an internet platform for online dispute resolution (so-called “ODR platform”) in the first quarter of 2016. The ODR platform is intended to serve as a point of contact for the out-of-court resolution of disputes concerning contractual obligations arising from online sales contracts. The ODR platform will be accessible via the following link: http://ec.europa.eu/consumers/odr

Alternative dispute resolution according to Art. 14 Para. 1 ODR Regulation and § 36 VSBG:

The European Commission provides a platform for online dispute resolution (ODR), which you can find at https://ec.europa.eu/consumers/odr. We are not obligated and not willing to participate in a dispute resolution procedure before a consumer arbitration board.