The following translation of the General
Terms and Conditions of Business of “Berlin mit Kindern”
is for informational purposes only. Solely the German version
is legally binding.
I. Registration and confirmation, conclusion
of contract
By registering, you offer to conclude a contract. Registration
may be made in writing or verbally, by email or telephone. Your
registration implies all persons mentioned therein. Registration
should include the following points:
Name of programme (see point II.1.), number of participants, time
and date. Our acceptance concludes the contract. We will furnish
you with a written confirmation.
II. Scope of performance
1. Each of our tours has an approximate
duration of three hours (60 minutes to the hour). As a rule, content
and scope of the tours are based on the descriptions on the website
under the “programme” heading. Changes in the course
of the programmes can be made by individual agreement.
2. The actual course of a tour may
deviate from the planned course. Reasons leading to changes may
be the constitution of the group, its interests, age differences
within the group as well as weather conditions.
3. Furthermore official events in
Berlin may render the planned course of the tour impossible, in
parts or in whole.
4. In such occurrences a later reduction
or proportionate refund of the tour price is ruled out. This does
not apply, should the entire tour be unviable for reasons mentioned
in point II.3.
5. Registration for a programme
does not implicate a specific person as tour leader.
III. Payment
1. The conclusion of the contract
constitutes our claim of payment for the registered services.
The letter of confirmation will include an invoice with our account
specifics.
2. In the event of short term bookings
payment can be effected in cash before the tour begins.
3. Should payment have not been
effected until the start of the tour, we reserve the right to
stand down from our contractual commitments.
IV. Cancellation, re-booking, third parties
1. Should you revoke the contract,
or should you or your children not participate in the tour, we
are entitled to a compensation for tour preparations and our costs.
Compensation will be lumped, taking saved expenditures into consideration.
The amount of compensation will be no less than 30% of the agreed
price.
2. A booked participant may be replaced
by a third party any time up until the beginning of the tour.
3. There is no formal requirement
for revocations or other change notices. However in your own interest
for probative reasons written notice should be given.
V. Liability
1. The materialization of the care
agreement requires a written declaration by the legal guardian,
that the child for whom the services are provided is included
in a personal liability insurance and that the legal guardian
is liable for compensation of any damage wilfully caused by his
/her child.
We for our part have taken out a professional liability insurance,
which takes the specific circumstances of our services into account.
This insurance covers all participants. We have also taken out
a group accident insurance which covers all participants under
the age of 17.
2. For the duration of the tour
we will take on the statutory responsibility for the children
and youths with whom we have been entrusted. The responsibility
begins with the arrival at the meeting place and ends with the
official termination of the tour. This responsibility includes
the right to consent to curative treatment in case of injury or
some other kind of peril. This replaces the consent of the legal
guardian, in cases where the legal guardian cannot be informed.
With the conclusion of the contract and the cognisance of these
General Terms and Conditions of Business you consent to our authorizing
curative treatment in your name without prior consultation in
the event of immediate danger to the life of your child.
3. Our liability for damages to
the life, body and health of a participant, arising in spite of
the presence of one of our authorized staff members, is limited
to a wilful or grossly negligent infringement of statutory responsibility.
4. We are not liable for loss of
or damage to objects like cameras, MP3-players, cell phones, jewellery
etc. that the children bring along.
5. Your child must arrive at the
meeting point in a timely manner. Otherwise participation in the
tour can be denied. In case the participant is not be picked up
at the agreed upon time and the guardian cannot be contacted,
the child will be sent unaccompanied by taxi cab to the Berlin
address. The costs incurred will be charged to the guardian.
Should unforeseeable reasons force a participant to end the tour
prematurely, our claim to a full payment of the programme remains.
This also applies if a participant, despite multiple admonitions
by our staff, does not cease to behave in a way which endangers
his/her and/or that of other participants’ health and freedom
from bodily harm. The cost of the return transportation in such
cases will also be charged to the customer.
6. Should the tour on the agreed
date be cancelled for reasons unforeseeable and beyond our control,
and should we not be able to notify you in time, we are not liable
for costs thus incurred. In such an event, we will make every
effort to offer you an alternative date in the near future. However,
there is no entitlement on your part.
VI. Applicable law, place of performance
1. The contractual relationship
is based exclusively on German law.
2. Should you file an action to
establish liability against us outside of Germany, and should
the assessment of the liability be based on a law other than German
law, the legal consequences, especially pertaining to the type,
extent and amount of your claims, will be based exclusively on
German law.
3. The place of performance is Berlin.
VII. Final provisions
Should parts of these General Terms and Conditions of Business
be void or should parts become void due to changes in legislation,
the remaining parts will stay in effect.
Effective 07. October 2007
General Terms and
Conditions of Business - PDF (62 KB)
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