General Terms and Conditions of Business

1. Scope and organiser

(1) The following general terms and conditions of business apply to open-roofed tunnel tours on the Berlin underground network. The organiser and your partner under this contract is Berliner Verkehrsbetriebe (BVG), a statutory public body, Holzmarktstr. 15-17, 10179 Berlin.

(2) Our services are provided exclusively on the basis of these general terms and conditions of business and are aimed exclusively at customers who are at least 18 years of age. The inclusion of general terms and conditions of business of customers that contradict these general terms and conditions of business is expressly excluded. The contract language is German.

(3) The currently applicable general terms and conditions of business can be viewed and printed on the website.

2. Purchases of tickets and conclusion of contract

(1) When placing an order, the customer must provide the following information:

• Name/company
• Legal representative
• Full postal address
• Email address
• Selected payment method and, as applicable, bank account/credit card details
• Name(s) of the ticket user(s)

Tickets for open-roofed underground tours are non-transferable. The name(s) of the ticket user(s) must therefore be provided when ordering. Available dates and seats shown in the open-roofed underground tour webshop are non-binding and subject to change.

By clicking the ‘Place order now’ button, you make a binding offer to purchase (Section 145 of the German Civil Code (BGB)). For security reasons, your order data cannot be accessed on the internet.

(2) The contract of sale does not take effect until we provide you with the link to the ticket and your invoice.

3. Prices and payment

1) The prices stated in the open-roofed underground tour webshop include statutory VAT and other price components.

(2) The purchase price is due immediately.

(3) The BVG employs the services of the payment provider LogPay Financial Services GmbH, Schwalbacher Straße 72, D-65760 Eschborn (‘LogPay’), to handle payments.

The payment due for purchased tickets will be collected by LogPay, to whom all due payments, including any ancillary claims and fees, are sold and assigned (notice of assignment). LogPay is the third-party beneficiary of the following provisions. It is also authorised to collect payments in its own name and for its own account.

(4) Payment may be made by PayPal or credit card. The BVG reserves the right to offer only selected payment methods or payment service providers. If you choose to pay by credit card, the purchase price is reserved on your credit card at the time of the order (authorisation). Your credit card will not actually be charged until we send the code to you.

(5) Customers who wish to pay using PayPal need a PayPal account in which they have saved their payment and delivery information. The customer must select PayPal as the payment method. They are then redirected to the PayPal website, enter the required information, and confirm the payment. On successful payment, the customer receives a purchase confirmation. A payment rejection is displayed if payment is unsuccessful. The customer’s offer to purchase can only be accepted once the payment has been successfully processed by PayPal.

4. Conditions of participation and rules of conduct

(1) If you book for yourself only, open-roofed underground tours are restricted to persons aged 18 and above. Children aged 6 and above may only participate if they are accompanied by an adult and the supervision of the children is guaranteed during the tour. We reserve the right to exclude children from participation.

(2) For your own safety, helmets provided by the BVG must be worn on the open-roofed underground carriage and during the tour. At the end of the tour, helmets must be returned to BVG staff.

(3) Smoking is prohibited on all BVG premises. No food or drink may be consumed during the tour.

(4) You must not leave your assigned seat during the tour itself. Standing is prohibited during the tour.

(5) You may only film or take photographs if permitted to do so by staff.

(6) All instructions issued by staff must be followed. Failure to comply with the aforementioned conditions of participation and rules of conduct or the instructions issued by staff may result in your immediate exclusion from participation in the tour.

5. Right of withdrawal

(1) As services in connection with leisure activities, the open-roofed underground tours are subject to the regulation in Section 312g(2)(9) of the BGB, i.e. there is no right of withdrawal pursuant to Section 355 of the BGB.

6. Liability

(1) The BVG is liable without limitation for intent and gross negligence, for damages resulting from injury to life, limb, and health, and in the event of a mandatory statutory liability (e.g. in accordance with the Product Liability Act). Otherwise, we are only liable in the event of a breach of a material contractual obligation, i.e. an obligation whose fulfilment is essential for proper performance of the contract and on whose observance you may regularly rely. This limitation of liability shall also apply to the benefit of our agents.

7. Final provisions

(1) Should one or more provisions of these terms and conditions of business be or become invalid, this shall not affect the validity of the remaining provisions.

(2) Insofar as the customer is a merchant, a legal entity under public law, or a special fund under public law, the place of jurisdiction for all disputes shall be Berlin-Mitte.

 

Last updated: 16/03/2022