1.
Making Bookings/Concluding the Booking Agreement
1.1
The company "BBS Berliner Bären Stadtrundfahrt GmbH"(herein referred to as "BBS") arranges touristic services and tickets to cultural events in Berlin and the surrounding area.
1.2
Services can be booked verbally, by telephone, by post, by fax, by telex or by videotext. All agreements,subagree-ments and special requirements must be expressly confirmed by BBS.
1.3
The client is bound to a new booking for two weeks. If no written confirmation is received from BBS within this period, the booking will be considered unaccepted.
1.4
If the content of the confirmation differs from the booking, then this will be considered a new offer, to which BBS is bound for 10 days. The booking agreement will be based upon this new offer if the client accepts its conditions expressly, or by making a down payment.
2.
Prices/Terms of Payment
2.1
All given prices will be in EUR (EURO) or in. They apply per person and are payable net to BBS.
2.2
The total price is to be paid to BBS, chargefree, as follows:
a)70 % of the total price is to be paid at least 6 weeks before the date of the first booked service.
b) The remaining 30 % of the total price is to be paid at least 1 week before the date of the first booked service.
2.3
Official vouchers from travel agencies, drawn on BBS, will be accepted if:
a) BBS has already received a copy of the voucher at least 6 weeks before the date of the first booked service.
b) The following is noted on the voucher: "reserved through and payable by BBS Berliner Bären Stadtrundfahrt GmbH"
2.4
If payment, or presentation of vouchers, does not occur as stipulated, BBS will have the right to withdraw from the agreement and to cancel the booked services. In this case the client is obliged to pay cancellation charges according to fig. 5 of the Terms and Conditions of Payment.
2.5
In the case of short-term-bookings (i.e. less than 4 weeks before the first booked service) immediate down payment is due of either 70 % of the total price (see fig. 2.2a) or the total price (see fig. 2.2b). Which payment is applicable will be clearly stated in the confirmation. Or, BBS may request proof that the total price has been transferred to the follwing BBS bank account:
IBAN DE69 1009 0000 1833 0300 07, BerlinerVolksbank
acc-no:1833 0300 07 (BLZ 100 900 00).
2.6
The clients will be charged with any increase of V.A.T.
3.
Accommodation Bookings
3.1
If BBS is assigned to book hotel rooms or other accom-modation, grouptours must provide BBS with roomlists at least 3 weeks before the first night of accommodation.
3.2
If not provided with roomlists, BBS has the right to withdraw from the agreement and to cancel the booked hotel accommodation. In this case the client is obliged to pay can-cellation charges according to fig. 5 of the Terms and Conditions of Payment.
4.
Price/Service Alterations
4.1
The applicable prices and services are those which are stated in the confirmation.If the supplier should make permissible alterations to this prices or services, BBS undertakes to notifys |
the client o these alterations.
4.2
If the price alteration exceeds 5 % of the price of that service, the client has the right to cancel that agreement which is affected by the price alteration, without BBS having the right to claim any cancellation charges or compensation.
4.3
In such a case, any cancellation fees charged by the supplier are to be paid by the client.
5.
Withdrawal from the Agreement
5.1
The client may at any time withdraw from the booking agreement and cancel the agreements with the service suppliers. If withdrawal takes place at least 90 days before the date of the first booked service, BBS will charge a flat-rate cancellation fee of EUR 25.-- .
5.2
In the case of withdrawal from booking agreement,the client is to pay the following compensation:
a) Group Bookings.
5.2.1
Between 89 and 45 days before the date of the first booked service: 10 % of the total price, minimum EUR 25.--.
5.2.2
between 44 and 30 days before the date of the first booked service: 30 % of the total price, minimum EUR 25.--.
5.2.3
between 29 and 10 days before the date of the first booked service: 50 % of the total price.
5.2.4
within the 10 days preceeding the date of the first booked service: 80 % of the total price.
b) Individual Bookings:
5.2.5
Up until 4 weeks before the date of the first booked service. a booking fee of EUR 30.-- will be charged.
5.2.6
Up until 10 days before the date of the first booked service: 50 % of the total price will be charged, minimum EUR 30.--.
5.2.7
Within the 10 days preceeding the date of the first booked service: 80 % of the total price will be charged, minimum EUR 15.--.
5.3
If the cancellation affects only certain booked services, the cancellation fee will be calculated upon the prices of those cancelled services, with a minimum of EUR 10.-- being charged per person and per cancelled contract.
5.4
In addition to flat-rate charges, BBS reserves the right to make claims for increased compensation, as long as they can justify these claims.
5.5
The client retains his right to contest cancellation charges.
6.
Reducing Numbers of Participants in Group Bookings
6.1
Up until 90 days before the date of the first booked service there is no charge for reducing the number of people in a group-booking.
6.2
Between 89 and 30 days before the date of the first booked service a maximum of 30 % of the total number of participants named in the confirmation may be cancelled free of charge.
6.3
Between 29 and 7 days before the date of the first booked service a maximum of 10 % of the total number of participants may be cancelled free of charge.
6.4
In all other cases, the conditions for withdrawal from the agreement apply which are stipulated in figs. 5.1, 5.2.1, 5.2.2, 5.2.3 and 5.2.4.
7.
Unused/Unclaimed Services
7.1
If the client does not make claim to a previously confrimed service, he will not be entitled to a refund of the corresponding price. Nevertheless, BBS undertakes to endeavour, on behalf of the client, to obtain refunds of any costs which the
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supplier may have been saved.
7.2
The repayment of the avoided costs, or any other refunds, will not be made to individual travellers, but only to the client who made the booking.
8.
Tickets to Cultural Events
8.1
For arranging tickets to cultural events, BBS will charge a commission of (in individual cases) up to 25 % of the ticket price.
8.2
The reservation of tickets to cultural events will only be made against down payment on the entry price.
8.3
BBS will accept no responsibility for meeting requests for particular seats at cultural events. Ticket reservations can only be made within the limitations of existing availability.
8.4
Tickets to cultural events reserved through BBS may not be cancelled. The return of the tickets and refunds are not possible.
9.
BBS's Liability
9.1
BBS is legally responsible for the correct and proper mediation of the services booked.
9.2
BBS's liability for faults in this activity is limited to the total price of the booked services, with the exception of cases or willful default or gross negligence.
9.3
BBS is not liable for any shortcomings of the booked services.
The individual supplier is legally responsible for his own activities.
10.
Terms and Conditions of Trade of the Supplier
10.1
Agreements brought about by BBS are made directly between the client and the supplier.
10.2
The Terms and Conditions of Trade of the individual suppliers are applicable in each case. These can be requested directly from the supplier or through BBS.
10.3
Any claims for discounts or compensation for shortcomings in the services are to be made by the client directly to the supplier. BBS undertakes to support the client in making such a claim.
11.
Validity Clause
If any of the stipulations in these Terms and Conditions of Trade should become ineffective, all other stipulations will remain in effect. In such a case, the parties will make a new agreement at the next economical opportunity, to replace the ineffective stipulation. This also applies for any possible loofholes in the agreement.
12.
Place of Jurisdiction and Applicable Law
The place of jurisdiction is Berlin-Charlottenburg. German law applies.
92 HRB:12356
13.
Prices and programs from December 2007 if nothing else mentioned. Total prices take into account the agreed supplier's prices which are valid at this time.
Rates and programs are subject to alteration.
BBS Berliner Bären Stadtrundfahrt GmbH - Berliner Bären Service -
a subsidiary company of HARU Reisen OHG
Seeburger Str. 19b, 13581 Berlin - Postfach 200660,
13516 Berlin
Tel.: +49 30-35195270
Fax: +49 30-35195290
info@bbsberlin.de
www.bbsberlin.de
www.sightseeing.de |
