General Terms and Conditions

General Terms and Conditions of Berlin Tourismus & Kongress GmbH (visitBerlin)

General information: Please inform yourself before availing the offers at www.berlin-welcomecard.de, www.citytourcard.com and on the respective partner website about the respective conditions, particularly about the applicable opening hours and any time slot tickets to be booked.

Please also note that you must inform yourself in advance about which regulations exist in Berlin and/or Brandenburg and please cooperate in fulfilling them. The statutory right of cancellation does not apply to the purchase of tourist tickets within the scope of these terms and conditions.

Dear visitors,

Berlin Tourismus & Kongress GmbH (hereinafter referred to as visitBerlin) offers you the opportunity to order and purchase the Berlin WelcomeCard (hereinafter referred to as “BWC”), the Berlin WelcomeCard - BASIC (hereinafter referred to as „BWC - BASIC“) and the Berlin CityTourCard (hereinafter referred to as „CTC“)tourist tickets online via the TOMAS® reservation system and the visitBerlin shop. These tickets can still be purchased at Berlin Tourist Infos (BTIs), available at BVG and S-Bahn sales points and ticket vending machines as well as at many organisers and hotels.

Depending on the type of tourist ticket, there are various ways to purchase different types of tickets. Various purchase options (mail order ticket, online ticket) are available via the online booking lines regarding the purchase of tourist tickets.

In order to make it as easy as possible for you to purchase our products via the various sales channels, below you will find a breakdown of each according to TOMAS® reservation system(http://www.berlin-welcome-card.de; http://www.citytourcard.com) and visitBerlin shop (http://shop.visitberlin.de and by on-site purchase at the BTIs. Provisions that apply to all booking systems can be found at the start.

Please also note the terms of use for each individual product, which we have listed for you at the end of these General Terms and Conditions.

§ 1 Scope of application

1. These General Terms and Conditions shall apply to all contracts concluded with a consumer within the meaning of Section 13 of the BGB (German Civil Code) or a company within the meaning of Section 14 of the BGB (hereinafter referred to as the “customer”) through the aforementioned sales channels. Any other terms and conditions of the customer are hereby expressly rejected. Moreover, any provisions other than those contained herein shall only be effective if expressly acknowledged in writing by visitBerlin.

2. Our General Terms and Conditions shall also apply to future contractual relationships unless otherwise agreed.

3. A consumer as envisaged by these General Terms and Conditions is any natural person who enters into a legal transaction for a purpose that cannot be attributed to such person’s independent professional or commercial activities. A company as envisaged by these General Terms and Conditions is any natural or legal person or partnership with legal capacity who enters into a legal transaction acting within the course of their independent professional or commercial activities.

§ 2 Contracting parties / contact persons

The purchase agreement is concluded with Berlin Tourismus & Kongress GmbH (visitBerlin), Schöneberger Str. 15, 10963 Berlin. Further information about the seller can be found in the legal notice on the website.

§ 3 Making use of the services

1. The respective discounts offered by the tourist service providers can only be claimed on presentation of a valid original tourist ticket. The customer must present the ticket for electronic verification or visual inspection without being requested to do so before using the service.

2. The service providers are only obliged to provide services in accordance with their General Terms and Conditions or Conditions of Carriage, in particular taking into account advertised service periods, opening times and general service requirements (e.g. weather-related requirements). The respective General Terms and Conditions/Conditions of Carriage can be obtained from the service providers themselves. The venues or providers expressly reserve the right to make changes to the range of services, opening hours, prices and service periods.

3. The discounts on services from numerous tourism service providers (e.g., city tours, boat rides), on visits to museums/theatres and sights, and on participation in numerous attractions, can be found in the product publications and on the product websites.

§ 4 Offers, conclusion of the contract, obligations of performance and delivery

1. The presentation of the products via the online booking channels does not constitute a legally binding offer, but rather a non-binding online catalogue. Input errors can be corrected before sending the order using the technical means provided in the online shop and the usual functions of the keyboard/mouse. By clicking the “Buy” or “Place order” button, you are placing a binding order for the products contained in the shopping cart. Thereafter, input errors can no longer be corrected. Belated correction by the provider is no longer possible. Confirmation of receipt of the order takes place immediately after sending the order and does not yet constitute acceptance of the contract. We accept the order by sending an order confirmation to the e-mail address specified by the customer.

2. Orders are processed and contact is made automatically by e-mail. The order data will be stored and can be retrieved by entering the booking number under the above-mentioned e-mail address. The order data includes the text of the contract together with the General Terms and Conditions. The transmission of the order data to the customer is in writing by e-mail. The customer shall ensure that the e-mail address they have provided to confirm or process the order is correct, so that e-mails can be received at this address.

3. When ordering products via the visitBerlin shop , the ordering data of registered customers will be saved and can be viewed at any time at https://shop.visitberlin.de/checkout/onepage/index/ in the password-protected customer account by entering the relevant login data. When placing an order as a guest, the order data will no longer be available at https://shop.visitberlin.de after completing the ordering process for security reasons.

4. The products purchased via the online booking channels are generally delivered by e-mail. If, on the other hand, the customer wishes to have a mail-order ticket delivered, this will be sent by post to the customer’s delivery address against confirmation of receipt.

5. visitBerlin retains title to the products purchased until the customer has paid in full (retention of title). The customer shall not be entitled to dispose of the goods subject to the retention of title.

6. Delivery by post occurs in Germany within 5 days (standard DHL delivery), in other European countries within 5-10 days and in countries outside Europe within 10-14 days. An overview of delivery charges is provided at https://shop.visitberlin.de/versand . These are also shown separately in the shopping cart. Goods are not delivered on Sundays and public holidays.

7. If the customer or a person authorised to receive the goods cannot be found at the delivery address, visitBerlin shall be entitled to deliver the goods to a substitute recipient. In particular, substitute recipients may be other persons that are present in the customer’s household or at the specified delivery address. If, however, the consignment is handed to a neighbour of the customer, the withdrawal period in accordance with Section 10 of these General Terms and Conditions shall not commence until the customer has received the consignment.

8. If the goods cannot be delivered to the delivery address specified by the customer, the customer shall bear the costs of the unsuccessful delivery. This does not apply if the customer is a consumer and acceptance of the goods was impossible for reasons beyond the control of the customer or the person authorised to receive the goods.

9. The customer shall not be entitled to compensation if delivery becomes substantially more difficult or impossible due to force majeure or other events over which visitBerlin has no control. In particular, such events include: fire, flooding, labour disputes, operational interruptions, strikes and official orders which are not attributable to the operational risk of visitBerlin. In such cases, the customer will be notified immediately of the inability to effect delivery and any payment already made by the customer shall be reimbursed immediately.

10. Partial deliveries shall be permissible unless it is apparent that the customer has no interest in such a delivery or it is apparent that the customer cannot reasonably be expected to accept such a delivery. If visitBerlin makes use of this right, the packaging and delivery costs shall only be charged once.

11. visitBerlin reserves the right to withdraw from the contract if its suppliers fail to make proper delivery for it. visitBerlin shall take all reasonable steps to procure the products. If the products are unavailable or only partially available, the customer will be informed of this immediately and any payment already made shall be refunded immediately.

§ 5 Information on the use of mail-order tickets

1. Mail-order tickets are not available for all products and cannot be obtained from all distribution channels. It is the customer’s responsibility to ascertain which purchase options are available via which distribution channel.

2. The mail-order ticket itself entitles the customer to immediate use of the service after validation of the ticket.

3. The mail-order ticket can only be used by the person designated on it (usually the customer). However, when ordering online via the visitBerlin shop, it is possible to specify a third party as the user in advance and to authorise this person to use the ticket. The mail-order ticket cannot be issued in cash and can only be redeemed once.

4. The mail-order ticket must be redeemed before use and is only valid for the period specified on the ticket.

5. A refund of the purchase price or the exchange of a mail-order ticket is excluded. If the e-ticket is not used, partially unused (e.g., use for public transport), or lost, visitBerlin will not issue a replacement, partial replacement, or refund.

6. The customer is not entitled to reproduce, duplicate or alter the mail-order ticket. After receiving/printing the mail-order ticket, the customer must store it in such a way that third parties cannot access it. If the ticket is reproduced by a third party or if the mail-order ticket is lost before it is redeemed, the customer shall be liable for any loss or damage. A refund of the purchase price in case of loss of the mail-order ticket or duplication by third parties is excluded. Any misuse of the mail-order ticket, its reprinting, etc. is punishable by law and will be prosecuted. visitBerlin expressly reserves the right to claim damages in such cases.

§ 6 Information on the use of online tickets

1. Online tickets are not available for all products and cannot be obtained from all distribution channels. It is the customer’s responsibility to ascertain for themselves which purchase options are available via which distribution channel. Online tickets must be printed on A4 paper by the customer after purchase and before the first use. The online ticket entitles the holder to a discount or entry at tourist service providers and is only valid for the period indicated on it (date, time, expiry). It is not necessary to validate the ticket.

2. The online ticket can only be used by the person designated on it (usually the customer). When using the service, the customer may be asked to prove their identity by means of a valid identity document. The online ticket is non-transferable.

3. A refund of the purchase price or exchange of an online ticket is excluded. If the e-ticket is not used, partially unused (e.g., use for public transport), or lost, visitBerlin will not issue a replacement, partial replacement, or refund.

4. The customer is not entitled to reproduce, duplicate or alter the online ticket. The customer must keep the online ticket after receipt/printing so that third parties do not have access to it. If the ticket is reproduced by a third party or if the online ticket is lost before it is redeemed, the customer shall be liable for any loss or damage. If the online ticket is lost or duplicated by a third party, the purchase price will not be refunded.

5. The specific provisions for the use of the online ticket apply for security reasons to prevent fraud in online payment transactions. Any misuse of the online tickets, their reproduction etc. is punishable by law and will be prosecuted. visitBerlin expressly reserves the right to claim damages in such cases.

§ 7 Information for purchases at Berlin Tourist Infos (BTIs)

1.Current information about all BTIs and their opening hours can be found at: https://www.visitberlin.de/de/berlin-tourist-infos.

2. When purchasing tickets via the BTIs, a refund of the purchase price or exchange is also excluded. If the e-ticket is not used, partially unused (e.g., use for public transport), or lost, visitBerlin will not issue a replacement, partial replacement, or refund.

3. At the BTIs, the customer can pay the purchase price in cash, or by debit card or credit card.

§ 8 Prices, terms of payment and delivery charges

1. The prices shown are determined by the respective products and product variants, are final prices and include the statutory value added tax applicable in Germany. visitBerlin will not accept any payment methods other than those specified here. If customers send cash contrary to this provision, visitBerlin shall not be liable for any loss in respect thereof.

2. The purchase price includes transport costs (if necessary), including statutory VAT, in accordance with the information on the tourist ticket. The collection of the transport cost component is performed by visitBerlin on behalf of and for the account of the transport companies.

3. When making orders online, the purchase price is owed immediately upon completion of the order and can be paid via credit card, PayPal, ApplePay or GooglePay. The customer’s account will be debited immediately upon completion of the order process.

4. When paying by credit card and PayPal, the date of payment corresponds to the date of the order. If payment is made using the PayPal payment service, the payment is processed by PayPal (Europe) S.à r.l. et Cie, S.C.A., 22–24 Boulevard Royal, L-2449 Luxembourg, subject to the PayPal User Agreement, which can be viewed at www.paypal.com . This requires, amongst other things, that the customer opens a PayPal account or already has such an account. In the event that a credit card payment is rejected, the customer shall pay the purchase price together with any additional costs or fees within 10 days of receipt of the services. Such costs shall include any costs incurred due to the cancellation of the credit card debit.

5. For a payment via ApplePay or GooglePay it is necessary, that the customer has deposited a payment medium in his Apple Wallet or google Wallet.

6. Additional charges may apply in individual cases to orders from countries outside the European Union, for which visitBerlin is not responsible, and which shall be borne by the customer. These include, for example, charges for the transfer of money by credit institutions (e.g. transfer fees, currency exchange fees).

7. If the customer is in default of making due and proper payment, visitBerlin shall be entitled to charge interest on the arrears at the rate of 5 percentage points above the base interest rate of the Deutsche Bundesbank, unless the customer or visitBerlin is able to prove a lower or higher amount of damages. Interest on overdue payments shall accrue even without notice of default if the date for payment is exceeded.

8. The various postage and delivery charges to the customer are detailed at https://shop.visitberlin.de/versand . Furthermore, before completing the order, the specific delivery charges incurred by the customer are displayed separately above the shopping cart. There are no delivery charges for the online delivery of online tickets by e-mail.

§ 9 Data protection

1. visitBerlin complies with the data protection laws with regard to customer data.

2. Within the context of the purchase contract, the customer’s personal data is collected; this includes the first and last name, address, telephone number, e-mail address and, in the case of the purchase of an online ticket, the starting date of the ticket’s validity. This data is stored exclusively for the implementation of the purchase contract and insofar as this is required by obligatory statutory requirements. The processing of personal data is necessary for the performance of the contract in accordance with Article 6(1)(b) of the General Data Protection Regulation (GDPR) and is therefore lawful.

3. The customer has the right, at any time, to obtain information on the status of the storage of their personal data and to request the erasure of their personal data insofar as this is not precluded by the requirements referred to above. A request for restriction/erasure (revocation) must be sent to the following e-mail address: datenschutz@visitBerlin.de. Further information on the subject of data protection can be found in our privacy policy at https://www.visitberlin.de/de/datenschutzerklaerung .

§ 10 Information on withdrawal

1. Consumers within the meaning of Section 13 of the BGB have a right to withdraw from contracts concluded outside business premises and in respect of distance selling contracts in accordance with the following provision: The consumer has the right to withdraw from this contract within 14 days without giving reasons.

2. The right to withdraw does not however apply to the purchase of the products listed here (namely the BWC, BWC – BASIC, CTC). The statutory right of withdrawal for consumer contracts is excluded for the purchase of transport tickets or contracts for the carriage of passengers (Section 312(2) number 5 of the BGB) and for contracts for the provision of services in the fields of accommodation other than for residential purposes, transport of goods, car rental services, deliveries of food and beverages, or services related to leisure activities, if the contract provides for a specific date or period of performance (Section 312g (2) number 9 of the BGB).

Consequently, the statutory right of withdrawal does not apply to the purchase of tourist tickets that are subject to these General Terms and Conditions!

3. The period for withdrawal is 14 days from the date on which you or a third party designated by you, other than the carrier, have taken possession of the goods.

4. To exercise your right of withdrawal, you must notify us:

Berlin Tourismus & Kongress GmbH

Berlin Service Center

Schöneberger Str. 15

10963 Berlin (Germany)

Phone: +49 (0)30-25 00 25

Fax: +49 (0)30-26 47 48 966

E-mail: versand@visitBerlin.de

by means of an unambiguous declaration (e.g. a letter sent by post, telephone call, fax or e-mail) of your decision to withdraw from this contract. The attached sample withdrawal form can be used for this purpose; however, this is not obligatory. In order to comply with the withdrawal period, it is sufficient that you notify us of the exercise of your right of withdrawal before the expiry of the period for withdrawal.

Consequences of withdrawal

If you withdraw from this contract, we shall immediately reimburse you with all the payments that we received from you, including delivery charges (except for those additional charges resulting from your having chosen a method of delivery other than the cheapest standard delivery offered by us), no later than fourteen days from the date on which we received notice of your withdrawal from this contract. We will use the same method of payment for the refund as you used for the original transaction, unless expressly agreed otherwise with you and under no circumstances will you be charged for the refund. We shall be entitled to refuse to make such a refund until we have received the goods or you have provided proof that you have sent back the goods, whichever is earlier. You are obliged to return or hand over the goods to us immediately and, in any event, at the latest within 14 days of the day on which you notified us of your withdrawal from this contract. Compliance with this time limit shall be deemed to have been observed if you send back the goods before the expiry of the fourteen-day period. We shall bear the costs of returning the goods to us. You shall only be liable for any loss in the value of the goods if such loss in value is attributable to your treatment of the goods which was not necessary to inspect their condition, properties and functionality.

Sample withdrawal form

If you want to withdraw from the contract, please fill out this form and send it to:

Berlin Tourismus & Kongress GmbH

Berlin Service Center

Schöneberger Str. 15

10963 Berlin

Fax: +49 (0)30-26 47 48 966

E-mail: versand@visitBerlin.de

I/we(*) hereby withdraw from the contract concluded by me/us(*) for the purchase of the following goods(*):

Ordered/received on (*):

Consumer’s name:

Consumer’s address:

Consumer’s signature (only if the notice is by letter or fax):

Date:

(*) Delete as applicable.

§ 11 Guarantee and liability

1. If there is a defect in the purchased item, the statutory provisions shall apply.

2. If the customer is a merchant within the meaning of Section 1 of the German Commercial Code (HGB), the commercial duty to inspect and give notice of complaint in accordance with Section 377 of the HGB shall apply. If the customer fails to comply with the duty to give notice provided therein, the goods shall be deemed to have been accepted.

3. If the customer is a consumer, the customer is requested to lodge a complaint with the carrier in respect of delivered goods with obvious transport damage and to inform visitBerlin thereof. If the customer fails to do so, this will not affect the customer’s statutory or contractual rights in respect of defects. If the goods have any other defects, the customer shall notify visitBerlin thereof immediately.

4. visitBerlin shall notify the customer immediately whether the goods are to be collected by visitBerlin or by the carrier commissioned by visitBerlin from the customer or whether the customer is to return them at visitBerlin’s expense.

5. If the number of products delivered differs from the quantity ordered, visitBerlin must be notified immediately.

6. visitBerlin does not assume any liability as the issuer of the products listed here for the non-performance or poor performance of the participating service providers or for any personal injury, damage to property or other damage suffered by the user as a consequence or during the course of the services provided by the respective service provider. Such claims shall only be capable of being brought by the user against the respective service provider. visitBerlin shall only be liable insofar as the statutory provisions strictly provide for liability and only accepts unlimited liability for damages caused by its intentional acts or acts of gross negligence or in the event that a warranty against the harm suffered was provided. Liability for damages due to ordinary negligence which results in injury to life, limb or health shall be unlimited. In the event of a negligent breach of a material contractual obligation, liability shall be limited to the resulting damage to property and financial losses to the extent that such damages were foreseeable and typical in the circumstances. Liability for indirect damages, in particular for consequential damages, unforeseeable damages or atypical damages as well as for loss of profits is excluded. The same applies to damages caused by accident or force majeure. In addition, visitBerlin expressly excludes any liability on its part for technical faults (e.g. the non-availability of this website).

§ 12 Information on online dispute resolution and the use of an arbitration body for consumer matters

The EU Commission has created an internet platform for the online settlement of disputes (the “OS platform”). The OS platform serves as a contact point for the out-of-court settlement of disputes in respect of contractual obligations arising from online purchase contracts. Customers can access the OS platform via the following link: http://ec.europa.eu/consumers/odr/.

visitBerlin does not engage in voluntary dispute resolution proceedings via the OS platform or in any other procedure before a consumer arbitration body. Nevertheless, visitBerlin is obliged to provide the customer with the contact details of the responsible body:

Allgemeine Verbraucherschlichtungsstelle des Zentrums für Schlichtung e.V., Straßburger Str. 8, 77694 Kehl, telephone: +49 785179579 40, fax: +49 7851 79579 41, www.verbraucher-schlichter.de, e-mail: mail@verbraucher-schlichter.de

§ 13 Applicable law

The parties agree that German law shall be applicable, subject to the proviso that the customer shall not be deprived of the protection granted to the customer in terms of Article 6(2) of the Rome I Regulation by provisions that cannot be derogated from by agreement by virtue of the law which, in the absence of the choice of law, would have been applicable.

§ 14 Place of performance and jurisdiction

1. The place of performance for all reciprocal obligations arising from the contract shall be the registered office of visitBerlin . This choice of law shall only apply to consumers insofar as the protection granted is not excluded by peremptory provisions of the law of the country in which the consumer has their ordinary residence. The UN Convention on Contracts for the International Sale of Goods is excluded.

2. The place of jurisdiction for all disputes arising from the contractual relationship between the customer and visitBerlin is the place of performance, provided the customer is a merchant within the meaning of the German Commercial Code (HGB), a legal entity under public law or a special fund under public law.

§ 15 Subject to change without notice

visitBerlin shall be entitled to change these General Terms and Conditions at any time. The version of the General Terms and Conditions disclosed to and accepted by the customer at the time that the order was submitted shall apply.

§ 16 Miscellaneous

Any English translation is based on the original German version. The translated version of the German General Terms and Conditions is provided as a courtesy and is intended solely for information and internal purposes. In the event of disputes, inconsistencies or discrepancies between the German version and the version in another language, the German version shall prevail and be binding to the extent permitted by law.

Should any individual provision of these General Terms and Conditions be or become invalid, the other provisions shall nevertheless remain effective.

As of September 2024

Terms of use for the Berlin WelcomeCard (BWC) of Berlin Tourismus & Kongress GmbH (visitBerlin)

The Berlin WelcomeCard (BWC) entitles the holder to use public transport and take advantage of the numerous discounts offered by participating tourist service providers. The BWC is available in all purchase options (mail-order ticket and online ticket). You can purchase the BWC via the TOMAS® reservation system (https://www.berlin-welcome-card.de), the visitBerlin shop (https://www.shop.visitberlin.de), at the Berlin Tourist Infos (BTI) (https://www.visitberlin.de/de/berlin-tourist-infos), at several tour op-erators, hotels and at the sales points and at BVG and S-Bahn vending machines.

§ 1 Product variants and use

1. The BWC includes a BWC ticket (as an online ticket or mail-order ticket) for public transport and a BWC guidebook. A BWC guidebook will be supplied to each BWC user. One guide book per group (max. 4 persons) is sufficient, and 2 guides are provided for groups of 5 persons or more. In the case of online ticket purchases, the customer can download the guidebook as a PDF file and print it out if necessary. However, a printout is not required. Alternatively, the guidebook can be collected by the customer at one of the BTIs.

2. If the BWC Museum Island is purchased, the user also acquires free admission to the museums of Berlin’s Museum Island once a day for the duration of the ticket’s validity (special exhibitions excluded).

3. The BWC is available for 48 or 72 hours or 4, 5 or 6 days. During this period, the BWC entitles the holder to use all public transport (the S-Bahn, U-Bahn, bus, tram and regional trains - with the exception of excursion and special services) within the Berlin AB fare zones or the ABC fare zones operated by the Berlin-Brandenburg transport association (hereinafter referred to as “VBB”).

The BWC Museum Island is only available in the product variant for 72 hours.

4. Mail-order tickets must be validated at the designated ticket machines of the transport operators before the start of the journey or before making first use of the services of a tourist service provider. The validity period only commences after validation. A ticket can be validated until 31/12 of the calendar year in which it was purchased and, depending on the variant, this will then be valid until 2/01 (48-hour ticket) or 3/01 (72-hour ticket) or 3/01 until midnight (4-day ticket) or 4/01 until midnight (5-day ticket) or 5/01 until midnight (6-day ticket) of the following year.

5. Online tickets do not need to be validated separately before first being used. Their validity period depends on the date (and time for the 48-hour BWC and 72-hour BWC variants) on the online ticket. The 4-day, 5-day and 6-day tickets expire at midnight on the last day of validity. In addition, a BWC Guide Book can be requested at one of the Berlin Tourist Infos. Alternatively, a download is available at https://www.berlin-welcomecard.de/de/downloads-0 (QR code with direct link is found on the online ticket).

6. The purchase price includes transport costs including statutory VAT, in accordance with the information on the ticket. The collection of the transport costs is carried out by visitBerlin on behalf of and for the account of the transport operators. The user's right to make use of the transport services arises directly against the transport operators in accordance with the transport conditions in the fare zones of the VBB.

7. The user receives the discounts once per service provider in the period of validity of the purchased variant. Discounts on services offers by the tourist service providers may be subject to specific conditions or requirements. These can be found in the BWC guidebook.

8. Discounts for stage events will only be granted at the box office on the evening of the event, unless otherwise stated; all other discounts will be granted at the box offices of the providers.

9. Unless otherwise stated, discounts apply in respect of one adult at the normal, non-discounted price. Children’s discounts, if they are offered and unless otherwise specified, are granted for children under 15 years of age.

10. Discounts cannot be claimed retrospectively after the BWC ticket has expired and any discounts that have not been claimed will not be refunded.

11. The venues or service providers expressly reserve the right to make changes to the range of services, opening hours, normal prices or service periods as well as other changes to the conditions for the redemption of the discounts granted.

12. The BWC guidebook cannot be purchased separately without a valid BWC ticket. Infringements of this requirement shall be prosecuted.

§ 2 Conclusion of the contract and service obligations

1. In respect of the online ticket purchase option, the following information must be provided when ordering BWC products in addition to selecting the validity period (see Section 1) and the fare zones (AB or ABC): Date on which the services are to be used for the first time (as well as the time for the 48-hour BWC and 72-hour BWC variants) and the name of the customer or authorised user.

2. If the customer fails to make a selection in this regard, the current date will be generated on the ticket by the system. All the information provided is binding and cannot be changed after the purchase.

§ 3 Guarantee

The information contained in the BWC guidebook is based solely on the information provided by the participating service providers. As the issuer of the guidebook, visitBerlin does not accept any liability for the information provided by the service providers. The use of additional services, deviating from the information provided by the service providers in the guidebook or at berlin-welcomecard.de, can result in additional charges for the user .

§ 4 Information on withdrawal

The statutory right of withdrawal does not apply to the purchase of tourist tickets subject to these General Terms and Conditions - see Section 10 of the General Terms and Conditions (p. 3 f.).

As of Septmber 2024

Terms of use for the Berlin CityTourCard (CTC) of Berlin Tourismus & Kongress GmbH (visitBerlin)

The Berlin CityTourCard (CTC)entitles the holder to take advantage of numerous discounts offered by participating tourist service providers as well as the use of the public transport system, provided the appropriate product variant with the use of the public transport system was selected. The CTC can be purchased via http://www.citytourcard.com and at the Berlin Tourist Infos (BTIs) (https://www.visitberlin.de/de/berlin-tourist-infos).

§1 Product variants and use

1. The CTC includes the CTC Ticket for public transport and the CityTourCard map. This will be supplied to each individual user of the CTC. In the case of the CTC being purchased online, the customer will be provided with the map at one of the Berlin Tourist Info Centres. Alternatively, the customer can download the map online as a PDF file.

2. The CTC is available for 48 or 72 hours or 4, 5 or 6 days. During this period, the CTC entitles the holder to use all public transport (the S-Bahn, U-Bahn, bus, tram and regional trains - with the exception of excursion and special services) within the Berlin AB fare zones or the ABC fare zones operated by the Berlin-Brandenburg transport association (hereinafter referred to as “VBB”).

3. The CTC is also available with a validity period of one day, exclusively as a product variant without public transport. When ordering this product variant, the customer receives a printable ticket entitling the customer to claim all the discounts from the participating CTC partners. The present terms of use shall apply on condition that all the provisions relating to public transport do not apply. This product variant can be purchased at the Berlin Tourist Info Centres.

5.Online tickets do not need to be validated separately before first being used. Their validity period depends on the date (and time for the 48-hour CTC and 72-hour CTC variants) on the online ticket. The 4-day, 5-day and 6-day tickets expire at midnight on the last day of validity.

6. A valid ticket must be presented prior to making use of services, i.e. also before using transport services for the first time.

7. The purchase price includes transport costs including statutory VAT, in accordance with the information on the ticket. The collection of the transport costs is carried out by visitBerlin on behalf of and for the account of the transport operators. The user's right to make use of the transport services arises directly against the transport operators in accordance with the transport conditions in the fare zones of the VBB.

8. The user receives the discounts once per service provider in the period of validity of the purchased variant. Discounts on services offered by the tourist service providers may be subject to specific conditions or requirements.

9. Unless otherwise stated, discounts apply in respect of one adult at the normal, non-discounted price. Discounts for children, when offered, are for up to three children under the age of 15, unless otherwise stated.

10. Discounts cannot be claimed retrospectively after the CTC ticket has expired and any discounts that have not been claimed will not be refunded.

§ 2 Conclusion of the contract and service obligations

1. In respect of the online ticket purchase options, the following information must be provided when ordering CTC products in addition to selecting the validity period (see Section 1) and the fare zones (AB or ABC): Date on which the services are to be used for the first time (as well as the time for the 48-hour CTC and 72-hour CTC variants) and the name of the customer or authorised user.

§ 3 Guarantee

The information contained in the CTC product extra is based solely on the information provided by the participating service providers. visitBerlin does not accept any liability for the information provided by the service providers. The use of additional services, deviating from the information provided by the service providers in the CityTourCard folding map and at http://www.citytourcard.com , can result in additional charges for the user .

§ 4 Information on withdrawal

The statutory right of withdrawal does not apply to the purchase of tourist tickets subject to these General Terms and Conditions - see Section 10 of the General Terms and Conditions (p. 3 f.).

As of January 2024

Terms of use for the Berlin WelcomeCard – BASIC of Berlin Tourismus & Kongress GmbH (visitBerlin)

The Berlin WelcomeCard – BASIC (BWC – BASIC) grants numerous discounts from the affiliated tourism service providers. Purchase of the BWC - BASIC is possible via the TOMAS® booking system (http://www.berlin-welcome-card.de), the visitBerlin.de website, and in Berlin Tourist Infos (BTIs). This type of ticket DOES NOT cover the use of public transport.

§ 1 Product variants and use

1. The BWC – BASIC is available as a 72 hours ticket or 6-day-ticket for adults (15 years or older). The Berlin WelcomeCard – BASIC grants the holder numerous discounts from affiliated tourism service providers. This can only be granted one time for the card holder during the validi-ty period.

2. The Berlin WelcomeCard - BASIC for 72 hours is also available as a version including the Museum Island. In addition to the numerous dis-counts, this variant gives you free access to the museums on Museum Island once a day (excluding special exhibitions).

3. Unless otherwise specified, the BCW – BASIC applies to the normal, non-discounted price for one adult. Children’s discounts can also be offered for children (under 15 years of age), depending on the respec-tive service provider, whereby this discount is granted independently of the BWC - BASIC and is therefore not necessary for children.

4. The BWC - BASIC is only available as online tickets. Online tickets do not have to be separately redeemed before their first-time use. For fur-ther information refer to § 6 of the General Terms and Conditions.

5. The validity period is based on the date selected during purchase and the starting time. The validity period ends depending on the cho-sen ticket on the third or sixth day after the selected start time.

6. The discounts from the tourism service providers correspond to the services offered through the Berlin WelcomeCard, and can be viewed at https://www.berlin-welcome-card.de.

7. The discounts for stage events, unless otherwise specified, are only granted at the evening box office. All others are granted at the provid-ers’ day box offices.

8. Belated use of discounts following expiry of the validity period of the BWC – BASIC or the refund of unused discounts are ruled out.

9. The organiser or provider explicitly reserves the right to alter the scope of their services, hours of operation, standard prices, or service periods.

§ 2 Conclusion of the contract and service obligations

The following information must be provided when purchasing the e-ticket in addition to the selection of the scope of validity (see § 1).

Date
First and last name of the ticket user (ticket is reserved for this name)
E-mail address for sending the confirmation e-mail
Address
Information for preferred payment method

§ 3 Guarantee

All information, in particular as per § 1 para. 5, is based solely on the information provided by the cooperating service providers. As the issuer, visitBerlin is not liable for this information.

Ticket replacements and refund of the purchase price are ruled out. If the ticket is not used, partially unused, or lost, visitBerlin will not issue a replacement, partial replacement, or refund.

visitBerlin reserves the right to make alterations to the participating service providers.

The use of additional services may result in additional fees for the user.

As of September 2024

Agent conditions including privacy policy of Berlin Tourismus & Kongress GmbH „visitBerlin“

Note due to the current coronavirus pandemic: Please note that there may be temporary special requirements for tourist services due to the coronavirus pandemic. In general, official regulations apply, such as distance and hygiene regulations. When visiting service providers and on public transport, for example, there is an obligation to wear mouth and nose protection and, if necessary, a requirement to provide a negative coronavirus test carried out on the day of the visit. We therefore recommend that all visitors and customers inform themselves in good time and adequately about the existing requirements for the respective offer before booking and using the service. visitBerlin cannot be held liable as an agent for any additional costs incurred by the visitor/customer as a result of observing or not observing official regulations.

A claim for cancellation of a service offer does not exist if the visitor/customer has not informed himself/herself sufficiently in advance about official orders and for this reason cannot take up a service offer or if there is no willingness to bear any additional costs resulting from compliance with official orders. Therefore, please also inform yourself in detail on the respective website of the service provider about the requirements there.

Please note that the situation can change daily. In particular, the website of the Robert Koch Institute ( https://www.rki.de/DE/Content/InfAZ/N/Neuartiges_Coronavirus/Situationsberichte/Gesamt.html) and the website of the State of Berlin (https://www.berlin.de/corona ) should be used for this purpose.

Berlin Tourismus & Kongress GmbH hereinafter - referred to as visitBerlin - mediates on behalf and for the account of other service providers and suppliers - hereinafter referred to as "Providers" - accommodation services, transport services and tourism services. The following mediation conditions as stated in Section A. become, provided an effective agreement is reached, the content of the Agency Contract concluded by the guest/ client with visitBerlin in the event the Agency Contract is granted and accepted. The contractual conditions as stated in Sections B. through E. shall become, provided an effective agreement is reached and in the event a contract with the providers mediated by visitBerlin comes into existence, the content of the contract concluded with the respective provider. Please read the agency and contractual conditions carefully before granting the agency agreement.

Section A. Mediation Conditions

1. Basis of the agency contract; applicable regulations; position of visitBerlin

1.1. Provided that visitBerlin does not offer its own individual services or package tours, visitBerlin acts exclusively as an agent on behalf of and for the account of other service providers. That is why visitBerlin has not, even if mediating several services that may even be mutually coordinated, the position of a tour operator in accordance with §§ 651a-m of the Civil Code. This does not apply when visitBerlin, based on the entirety of the circumstances of the offer, booking, payment and implementation according to the principles of § 651a para (2) of the Civil Code, gives the impression that it is performing the contractually agreed travel services on its own.

1.2. The conclusion of the travel agency contract requires no particular form. With the granting and the acceptance of the mediation assignment by visitBerlin, a travel agency contract comes into existence between the guest / client and visitBerlinas an agency agreement.

2. General contractual obligations of visitBerlin; information, references

2.1. The accuracy of the information provided by visitBerlin is according to § 675 para. (2) of the Civil Code not guaranteed, unless a special information contract was concluded.

2.2. Without an express agreement,

a) visitBerlin is not obliged to identify and offer the cheapest provider for the requested service,

b) visitBerlin assumes no warranty with data and information on prices, services, booking conditions and other circumstances of the travel service within the meaning of § 276 para (1) sentence 1 of the Civil Code and no procurement warranty with data and information on the availability of the mediated services .

2.3. Special requests especially, especially those that go beyond the service description of the mediated provider or visitBerlin itself or depart from it, are accepted by visitBerlin only to be forwarded to the mediated provider. The guest/client is advised that special requests become part of its contractual obligations, as a rule, only by an explicit confirmation of the provider.

3. Obligations of visitBerlin concerning entry regulations, visas and insurance

3.1. visitBerlin informs guests / clients outside the European Union about entry and visa regulations only if it was expressly charged with such an assignment by the guest / client and visitBerlin accepted this assignment.

3.2. visitBerlininforms the guest / client about whether the services mediated by it include travel cancellation insurance. So far as this is as a rule not the case, visitBerlin recommends taking out travel cancellation insurance for all kinds of offers and contracts.

4. Reimbursement of expenses, compensations, collections, payments

4.1. visitBerlin is entitled, as an authorised collection agent of the mediated providers, to request payments towards the price of the mediated service as well as that of arising cancellation charges or other claims for payment of the provider to visitBerlin according to the business and payment provisions of the mediated providers so far as these are effectively agreed upon, comprise legally valid payment provisions and are, when arranging package tours, taken into account as provisions towards Client's money insurance (§ 651 k of the Civil Code).

4.2. Provided that the prerequisites for a collection activity pursuant to No. 4.1 are met, visitBerlin shall be entitled, yet not obligated, to disburse the price of the mediated service wholly or partly for the guest / client or allow the provider to debit its agency account accordingly.

4.3. An indemnity from visitBerlin towards the host / client can be challenged by claims against the mediated provider itself, especially pursuant to an improper performance of the mediated contract, not by way of a retention or a setoff, unless a culpable breach of contractual obligations of visitBerlin became the cause or concurrent cause for the emergence of such claims or unless visitBerlin is, for other reasons, responsible towards the guest / client for the asserted counterclaims.

5. Obligations of the guest/client towards visitBerlin

5.1. If deadline-bound statements concerning punctuality addressed to visitBerlin, especially cancellation statements, appear in these mediation conditions and the conditions in Sections B. to E., their arrival at visitBerlin during published opening hours shall be decisive, provided that no other times, recipients and communication means are explicitly designated for such statements.

5.2. The guest/client must point out, without any delay upon their discovery, defects of visitBerlin's intermediary role it can recognise, particularly incorrect or incomplete information, information and travel documents as well as the incomplete execution of agency services (e.g. bookings or reservations not made) visible from the guest / client perspective and provide visitBerlin with an opportunity to remedy the situation. To this effect, it has to verify the completeness and accuracy of received information and documents immediately upon receipt. Knowing about positive defects or incompleteness is equal to a grossly negligent ignorance due to an omitted check.

5.3. If a report according to No. 5.1 remains undone by the guest/client, the following shall apply:

a) Claims of the guest/client do not get cancelled if a report according to No. 5.1 remains undone through no fault of the guest/client.

b) Claims of the guest/client towards visitBerlin get cancelled only if visitBerlin proves that the harm to the guest/client would not have happened or would not have happened in the amount asserted by the guest/client had the proper report been made. This applies in particular if visitBerlin proves that an immediate notification by the guest/client to visitBerlin would have enabled to rectify the defect or reduce the damage by changing/adding some bookings, by free cancellations in accordance with the agency's agreement with the provider or by achieving ex-gratia solutions with the mediated providers.

c) Claims of the guest/client in the event of failure to signal a defect shall not be dropped

-in case of damages resulting from injury to life, body or health based on an intentional or negligent breach of duty by visitBerlin or a legal representative or vicarious agent of visitBerlin

-in case of claims for compensation for other damages based on an intentional or grossly negligent breach of duty by visitBerlinor a legal representative or vicarious agent of visitBerlin

-in case an essential duty is breached the fulfilment of which is instrumental in enabling the proper performance of the agency contract or the breach of which endangers the purpose of the contract

6. Liability of visitBerlin

6.1. Unless visitBerlin has assumed a corresponding contractual obligation by an explicit agreement with the guest / client, visitBerlin shall not be responsible for implementing contracts corresponding to the reservation request of the guest / client with the respective travel companies to be mediated.

6.2. Without an explicit agreement or assurance, visitBerlin itself shall not be responsible for defects occurring while the services are provided and for personal or property damage incurred by the guest / client in connection with the respective mediated service. This does not apply when arranging several main tourist services (according to the legal definition of a package travel) as long as visitBerlin establishes, according to § 651a sec. 2 of the Civil Code, the appearance of providing the planned travel services on its own responsibility.

6.3. A potential own responsibility of visitBerlin out of a culpable breach of the agent's obligations shall remain unaffected by the above provisions.

7. Expiration

7.1. Contractual claims of the guest / client against visitBerlin out of an injury to life, body or health, including contractual claims for pain and suffering, based on a negligent breach of duty or an intentional or negligent breach of duty of a legal representative or vicarious agent of visitBerlin,shall expire in three years. This also applies to compensation claims for other damages caused by a grossly negligent breach of duty by visitBerlin or based on an intentional or grossly negligent breach of duty of its legal representatives or vicarious agents.

7.2. All other contractual claims expire after one year.

7.3. The expiration under the foregoing provisions begins at the end of the year in which the claim arose and the guest / client obtained or had to obtain without gross negligence the information about the circumstances giving rise to the claim and about visitBerlin being the defaulter.

7.4. If the last day of the specified time limits falls on a Sunday, a nationally recognized public holiday or a Saturday, the next working day shall take the place of such a day.

7.5. If negotiations between the guest/client and visitBerlin about raised claims or circumstances justifying the claims are still in the air, the expiration is on hold until the guest/client or visitBerlin refuses to continue. The expiration deadline originally set to be one year begins at the earliest 3 months after the hold end.

8. Choice of Law and Competent Court

8.1. The entire legal and contractual relationship between the guest / client and visitBerlin is governed exclusively by the German law.

8.2. The guest/client can sue visitBerlin only at its headquarters.

8.3. For complaints filed by visitBerlin against the guest/client, the decisive location is the domicile of the guest/client. For complaints against guests/clients who are business people, legal persons of both public and private law or persons whose domicile or usual residence is abroad or whose domicile or usual residence is unknown at the moment the complaint is filed, the agreed venue shall be the seat of visitBerlin.

8.4. The preceding provisions shall not apply if and insofar something else favourable to the guest / client results from contractually mandatory provisions of international agreements, EU regulations or laws that govern the travel agency contract as an agency agreement between the guest / client and visitBerlin.

9. Privacy policy in accordance with Art. 13 of the General Data Protection Regulation (GDPR)

9.1. We collect personal data to enable us to offer you individual services or package tours (tourist offers). This usually includes your first and last name as well as your e-mail address. Furthermore, in certain cases, your address, telephone number and payment data may be collected to secure your booking.

9.2. Our authorization in this regard is based on Art. 6 (1) a. - c. of the GDPR, according to which the collection, storage and transmission of personal data is permitted if the person concerned has consented to the data processing or a contract or legal obligation is to be fulfilled. The tourist offers are external services that we arrange on behalf of and for the account of tourist service providers.

9.3. After we have sent you a booking confirmation, your data will be transferred to the service provider/provider in the event of the use of third-party services.The brokered contract can only be concluded if the contracting parties know the respective contact details of the other party. If necessary, personal data will also be transferred to internal departments of Berlin Tourismus & Kongress GmbH, e.g. accounting, purchasing and IT. Furthermore, in order to fulfil contracts, your data may be transferred to external service providers with whom corresponding contracts for order processing have been concluded in accordance with Art. 28 of the GDPR.

9.4. Berlin Tourismus & Kongress GmbH and, if applicable, external service providers and other parties involved, store your data until the contract has been fulfilled and settlement has been effected, unless we are obliged to store your data for a longer period due to any guarantee rights to which you may be entitled or because of any differing tax or commercial statutory retention periods. In the case of a purchase contract, the guarantee period is generally 2 years. The retention period for accounting receipts is 10 years in accordance with Section 147 (1) of the German Fiscal Code (Abgabenordnung) and 6 years for other business records in accordance with Section 257 (1) of the German Commercial Code (Handelsgesetzbuch).

9.5. You have the right at any time to obtain information on the status of the storage of your personal data and, if they are incorrect, to their rectification or erasure. If the referral relationship has not yet been concluded at this stage, we will no longer be able to provide you with the referral services. The restriction/erasure request (revocation) must be sent to the following e-mail address: datenschutz@visitBerlin.de .

9.6. Rights of data subjects

The applicable data protection law grants you comprehensive data subject rights with respect to the data controller responsible for processing your personal data (rights of access and intervention) about which we inform you below:

Right to information in accordance with Art. 15 of the GDPR: In particular, you have a right of access concerning your personal data processed by us, the purposes of the processing, the categories of personal data processed, the recipients or categories of recipients to whom your data has been or is disclosed, the planned storage duration or the criteria for determining the storage duration, the existence of any right to rectification, erasure, restriction of processing, objection to processing, complaining to a supervisory authority, the source of your data if it was not collected from you by us, the existence of any automated decision making including profiling and if necessary important information on the logic involved and the scope concerning you and the desired effects of such processing as well as your right to notification about which guarantees exist as per Art. 46 of the GDPR on transferring your data to third countries;
Right to rectification in accordance with Art. 16 of the GDPR: You have a right to immediate rectification of incorrect data concerning you and/or completion of your incomplete data stored by us;
Right to erasure in accordance with Art. 17 of the GDPR: You have the right to demand erasure of your personal data subject to the provisions of Art. 17 para. 1 of the GDPR. However, this right shall not apply in particular if the processing is necessary to exercise the right to free expression of opinion and to information, to fulfil any legal obligation, for reasons of public interest or to assert, exercise or defend legal claims;
Right to restriction of processing in accordance with Art. 18 of the GDPR: You have the right to demand restriction of the processing of your personal data as long as the accuracy of our data disputed by you is reviewed, if you reject erasure of your data on account of unreliable data processing and instead demand restriction of the processing of your data, if you need your data to assert, exercise or defend legal claims, after we no longer require such data once it has achieved its purpose or if you have submitted an objection for reasons pertaining to your specific situation, unless it is yet to be determined whether our legitimate reasons prevail;
Right to information in accordance with Art. 19 of the GDPR: If you have asserted the right to rectification, erasure or restriction of processing to the data controller, this entity is obliged to inform all the recipients to whom the personal data concerning you has been disclosed of such rectification or erasure of data or restriction of processing, unless this proves to be impossible or is associated with disproportionate costs. You have the right to be informed of such recipients.
Right to data portability in accordance with Art. 20 of the GDPR: You have the right to receive your personal data which you have made available to us in a structured, accessible and machine-readable format or to demand transmission to another data controller insofar as this is technically feasible;
Right to revoke consent given in accordance with Art. 7 para. 3 of the GDPR: You have the right to withdraw your consent to the processing of data at any time with future effect. In the event of withdrawal, we will immediately delete the data concerned, unless further processing can be legally based on processing that does not require consent. The withdrawal of the consent does not affect the lawfulness of the processing carried out on the basis of the consent prior to the withdrawal;
Right to lodge a complaint in accordance with Art. 77 of the GDPR: If you are of the opinion that the processing of personal data concerning you is in breach of the GDPR, you have – regardless of any other administrative or legal remedy – the right to complain to a supervisory authority, particularly in the member state of your place of residence, your workplace or the place of the presumed infringement.

The controller of data processing

Responsible within the meaning of Art. 4 No. 7 of the GDPR is the

Berlin Tourismus & Kongress GmbH, Schöneberger Str. 15, 10963 Berlin

Managing Director: Burkhard Kieker, Sabine Wendt

Phone: 030/250025

E-mail: info@visitberlin.de

Registered at the Berlin-Charlottenburg District Court under the registration number HRB 48652.

Contact details of the data protection officer:

TÜV Rheinland i-sec GmbH, Mr. Oliver Gröger,

Alboinstraße 56, 12103 Berlin
E-mail: datenschutz@visitBerlin.de

You have the option of lodging a complaint with the supervisory authority :

Berliner Beauftragte für Datenschutz und Informationsfreiheit, Meike Kamp,

Alt-Moabit 59-61, 1055 Berlin
Phone: +49 (0)30 13889-0
Fax: +49 (0)30 2155050 E-mail: mailbox@datenschutz-berlin.de

All further information can be found in our privacy policy .

Section B. Accomodation services (guest reception conditions)

In the following guest reception conditions, the term "Host" denotes all commercial accommodation facilities and other accommodation providers whose accommodation services are agency-mediated by visitBerlin.

1. Conclusion of Contract

1.1. The following applies for all types of reservations

a) The customer will be notified in the respective offer or in the respective booking document about the available booking channels (verbally, by telephone, by fax, by email, online).

b) The basis of the host's offer and of the booking of the guest / client are the accommodation description and the additional information contained in the booking document (e.g. location descriptions, classification explanations) insofar as they are available to the guest / client when the booking is made.

c) The booking documentation of visitBerlin shows the available booking options. Bookings can be made through travel agencies and other booking sites that present themselves as partners of visitBerlin. Such partners are not authorised by visitBerlin and the host to make arrangements, provide information or assurances modifying the agreed content of the accommodation contract, go beyond the host's contractually approved services or are contrary to the description of the accommodation and the services as provided by the host.

1.2. The booking process informs about whether the customer's credit card details are required. If credit card details are required, the customer's bookings can be processed only after a full statement of correct credit card data (and optionally their verification).

1.3. To make a reservation processed verbally or by telephone, the following applies:

a) By making the reservation, the guest / client makes the host a binding offer to conclude an accommodation contract.

b) The contract comes into existence when the acceptance (reservation confirmation) by the guest / client is received. It requires no particular form the consequence of which being that even verbal and telephonic bookings are legally binding for the guest / client and the host. However, for verbal or telephone bookings, the guest / client receives a written copy of the booking confirmation. However, the legal liability of the booking made verbally or by telephone does not depend on whether this written copy of the booking confirmation actually reaches the guest / client.

c) Information from visitBerlin and the host about free accommodation, prices and services does not constitute a binding offer by the host to conclude an accommodation contract.

d) Exclusively in group tours (Group Accommodation Deals, Group Packages), visitBerlin or the host hand out, optionally and on request, a binding offer with specific services and prices. Notwithstanding the previous provision, this constitutes a binding offer by the host to the guest / client. In this case the contract comes into existence without a corresponding confirmation by visitBerlin or the host being necessary, if the guest / client, or the client accepts this offer within the period specified therein without any restrictions, modifications or extensions by explicit declaration, down payment, final payment or the utilisation of the accommodation. The guest / client receives confirmation about the arrival of its declaration of acceptance usually through visitBerlin.The accommodation contract is, however, already binding when the declaration of acceptance by the guest / client arrives at visitBerlin binding, even if the guest / client fails to receive an acknowledgment of receipt of its declaration of acceptance.

1.4. Bookings that are made on the Internet, take place in accordance with the following provisions exclusively in real time (immediate contract conclusion on the screen):

a) By clicking the button "book with liability for costs" the guest/client presents a binding offer to the host or visitBerlin as its agent to conclude the accommodation contract.

b) The transmission of the contract offer by clicking the button "book with liability for costs" does not constitute any claim by the guest/client for the accommodation contract to come into existence according to its booking data. VisitBerlin and the host are free to decide whether or not to accept the contract offer of the gues /client.

c) The contract comes into existence immediately after the guest/client made the reservation by clicking the button "book with liability for costs" by displaying the reservation confirmation correspondingly on the screen (realtime booking) along with the arrival and display of this reservation confirmation at the guest/client place. The guest/client is offered the possibility to save and print the booking confirmation. However, the liability of the accommodation contract is not dependent on whether the guest/ client uses these options for saving or printing. As a rule, the guest/client receives additionally a copy of the booking confirmation by email, as an email attachment, by mail or fax. However, the receipt of such booking confirmation is not a prerequisite for the legal liability of the accommodation contract.

2. Prices; City Tax in Berlin; VAT

2.1. The prices specified by the accommodation establishment always include the City Tax of 5% imposed by the State of Berlin on the net cost of accommodation, excluding such additional services such as breakfast, minibar, sauna, etc. The prices also include the applicable statutory VAT. The accommodation establishment is obligated to levy the City Tax for each overnight stay booked for personal reasons (as compared to business travel) each time that it sets aside accommodation for the customer (accepts a booking) and must levy the tax even when the customer fails to cancel the booking in a timely manner or is a no-show.

2.2. In the case of a professional occasion (e.g. invoice issued to the employer), the city tax is not levied. The professional occasion can also be made plausible by presenting a confirmation letter written by the employer or an internal document. If verification on the spot is not possible, the hotel guest has the opportunity to ask the Tax office, within four months of the departure, for the refund of a possibly undue City Tax. From the 22nd day of contiguous overnight stays, the duty to pay a city tax gets cancelled even for accommodations that are exclusively private.

3. Payment

3.1. The rules on payments and balance payments are different with the hosts mediated by visitBerlin and can vary with the same host both seasonally and in dependence on the respective tariff. The customer will be notified about each payment regulation during the booking procedure. The payment regulation is referred to in the booking confirmation. The customer is obligated to make down payments and final payments as per the payment regulations agreed in each individual case.

3.2. Agreed down payments or advance payments do not become payable until after signing the contract with the host (receipt of booking confirmation from visitBerlin or the guest /client's travel agent).

3.3. If arrangements for advance and final payments have not been made in an individual case, such payments are not to be made and the total price for accommodation, services and additional services is to be settled when checking out on the day of departure.

4. Cancellation and non-arrival; costs of cancellation

4.1. visitBerlin points out that a general statutory right of cancellation for accommodation contracts does not exist and that according to the legal regulations (§ 312g para 2 sentence 1 no. 9 of the Civil Code) there is no right of cancellation in accommodation contracts (contracts for accommodation with or without additional services) even if the contracts were concluded by a long distance transaction (by phone, online, by fax or by email).

4.2. The regulations for the customer's payment obligations in the event of a booking cancellation or a non-arrival are different with hosts mediated by visitBerlin and can vary with the same host both seasonally and in dependence on the respective tariff. The customer is notified of the respective regulation during the booking procedure. The payment regulation is referred to in the booking confirmation.

4.3. If, in individual cases, agreements have not been made to cancel the trip or if the traveller does not arrive (no-show), then the following conditions apply:

a) The trip may be cancelled without cancellation fee up to 6 pm of the day before arrival. Group bookings (individually arranged trips for 10 or more persons) are excluded. Group bookings may be cancelled without penalty at no later than 30 days before the agreed arrival date.

b) If guests have not cancelled their booking within the deadlines stated in the previous paragraph, the accommodation provider shall, in the course of its customary business operations, endeavour to find other guests for said accommodation, taking into account the particular character thereof (such as its being a non-smoking room or a family suite). The accommodation provider shall offset revenues made from such alternative arrangements or, if such are not possible, offset the expenses not incurred as a result of the cancellation.

c) If cancellation of the stay has not been received in a timely manner as defined in above, the accommodation provider may invoice the guest/client the following amount based on the total price of the accommodation (including all ancillary costs) for the duration of the stay as booked less the percentage deemed to be the expense saved due to such cancellation as defined in current case law:

For accomodations without board (meals) 90%
For accommodation with breakfast 80%
For half-board (two meals) 70%
For full-board (three meals) 60%

4.4. The guest/client is expressly reserved the right to prove to the accommodation provider that the expenses it has saved as a result of the cancellation are substantially higher than the deductions set forth above and/or that the accommodation was successfully rebooked. In the event such evidence is provided, the guest/client would only be obliged to pay the correspondingly lower cancellation fee.

4.5. It is strongly recommended to conclude a trip cancellation insurance.

4.6. It is recommended to direct cancellation letters to visitBerlin or the travel agency involved by the guest / client

Section C. Tickets/Event Tickets

1.Basic information and booking; Reservations

1.1. visitBerlin offers as an agent acting on behalf of the providers (cultural institutions / organisers) via visitBerlin’s own reservation system, via sales partners in the TOMAS® ticket shop or via the ticket systems cooperating with visitBerlin (hereinafter referred to as external systems) tickets, event tickets, and tickets for boat and city tours etc. – uniformly referred to as “tickets”.

1.2. If third party offers (organisers / ticket systems) are only advertised via visitBerlin (an advertisement with a text link or iframe), the guest / client is automatically led to the ticket system/organiser and can book with the provider subject to availability. In this case, visitBerlin has no contractual obligations as intermediary.

1.3. The business, event or transport conditions apply for the contractual relationship between guest / client and provider, the following contractual provisions and, to the extent of being effectively agreed or generally valid, the approved transport conditions.

1.4. visitBerlin states explicitly that the organisers will not accept the return of tickets/vouchers/coupons insofar as the event is cancelled for reasons that are not the responsibility of the organiser as service provider. This applies explicitly also to tickets/vouchers/coupons that are purchased online. The statutory cancellation period according to Section 312g (2) subclause 9 German Civil Code (BGB) does not apply in this case if a specific date for a period was defined for the provision of the service.

1.5. The organiser is entitled to withdraw from the contract in the case of force majeure and/or other unforeseeable, extraordinary circumstances that are not the responsibility of the organiser and that prevent the organiser from providing the service. Payments made by the guest/client will be reimbursed. The guest/client does not have the right to demand indemnification. The organiser will only be entitled to claim force majeure if it informs the guest/client of this circumstance without delay.

1.6.visitBerlin explicitly points out that the providers, as a rule, exclude exchange and return of the tickets, unless the event / promotion is cancelled for a reason attributable to the sphere of the organizer as provider.

1.7. visitBerlin checks, according to the booking/mediation assignment, the availability of the ticket requested by the guest/client.

1.8. If,as part of the mediation order date, time, seat category, class of transport, price level and other variables of the offer or the tickets were not expressly referred to, such determinations are not a prerequisite for the mediation order to be effective as well as its conversion is not a contractual intermediary duty of visitBerlin.

1.9. If there is availability, visitBerlin confirms the booking. By this confirmation, which requires no particular form, the contract between the provider and the guest / client comes into existence as legally binding. If tickets are brokered through visitBerlin sales partners, the booking is confirmed when the voucher(s) are issued to the client.

1.10. With booking inquiries for groups, the client is advised to request, via visitBerlin as an intermediary, an individual offer of the provider stating conditions for groups and the date of payment. The individual offer is made by visitBerlin, in the event of an assignment, free of charge provided that no remuneration was explicitly agreed upon in an individual case especially for the event that the offer is not accepted.

2. Processing fee; Payment

2.1. For all ticket bookings (for Print@Home tickets as well) visitBerlin as an intermediary can request a processing / mediation fee provided that this is contractually agreed. Such an agreement may be made by explicitly referring to price lists of service fees that are displayed, forwarded or accessible on a website, which are then referred to while booking and are mentioned in the booking confirmation / invoice.

2.2. The guest/client will be charged for the total amount once booking is complete. The amounts will be charged to the credit card of the guest/client. Alternatively, payment via Paypal or Googlepay is possible. Cash payments are also possible at the Berlin Tourist Information (BTI) office. Payment methods for vouchers/coupons obtained from sales partners of visitBerlin are dependent on the payment methods allowed by the sales partner.

2.3. The fee is collected by visitBerlin or via its sales partners on behalf of and for the account of the respective provider. The risk for any banking delays is borne by the guest/client, provided that such delays are beyond the control of visitBerlin.

3. Issuance and delivery of tickets

3.1. Guests/clients that place bookings online at visitBerlin.de, the Berlin Service Center of visitBerlin or the visitBerlin ticket shop will, after payment of the price, receive an e-mail from visitBerlin containing a voucher/coupon to print out (Print@Home ticket). Customers who place bookings directly in the offices of Berlin Tourist Information (BTI) will immediately be given a voucher/coupon. Guests/clients who place bookings with a sales partner of visitBerlin will either be sent the voucher/coupon by e-mail or post, or will be given the voucher/coupon in person (e.g. at the hotel reception).

3.2. Vouchers/coupons entitle the holder to immediate use of the service. In individual cases, vouchers / coupons must first be converted at the box office into an original ticket. Information on this can be found on the voucher / coupon.

3.3. Voucher/coupons are non-transferable, unless purchased from Berlin Tourist Information. The name of the guest/client is printed on the voucher/coupon. The provider is entitled, but not obliged, to request that the guest/client present an official means of identification or other legitimisation. Neither visitBerlin as the agent nor the provider itself will be liable for the loss of the entrance or event tickets/vouchers/coupons.

3.4. Guests/clients are advised to note the validity period printed on the vouchers/coupons. The guest/client is required to adhere to the instructions on the event and the agreed terms and conditions of the provider. The visiting, i.e. opening times, stated in the terms and conditions of the provider shall apply.

3.5. Print@Home-Tickets: The forwarding of ordered tickets using the Print@ Home procedure is implemented by a self-printout of tickets sent electronically to the guest / client. The guest / client is entitled, with respect to the tickets ordered by him, to make only one printed copy for the purpose of proper use. He is not entitled to reproduce the printed ticket, to multiply or modify it. An unauthorised duplication or reselling of Print@Home ticket does not provide the right of visiting the event or using transportation.

3.6. Tickets obtained using the Print@Home procedure and personally related vouchers may not be sold to third parties. The guest / client is responsible for protecting the ticket against third party access. If the ticket / voucher is multiplied by a third party, the damage shall be borne by the guest / client. This damage may consist in that the guest / client shall have no access to the event with his original ticket / voucher or the transport will be refused.

Section D. Mediation of guided tours

1. Subject of mediated services of; applicable regulations; conclusion of the contract; performance obligations

1.1. visitBerlin provides services of tour guides such as on circular tours or walking tours.

1.2. A service contract between the guest / client and the tour guide comes into existence by the intermediary of visitBerlin by way of a booking confirmation by visitBerlin which requires no special form. The following provisions, alternatively the statutory provisions of §§ 611 and following items of the Civil Code, apply for this service contract.

1.3. Unless otherwise expressly agreed, the performance of a guided tour does not have to be executed by a specific tour guide.

1.4. Even in case a specific person of the tour guide is appointed or explicitly agreed upon, it is up to visitBerlinor the tour guide themselves to replace this person in the event of a compelling reason preventing him/her from working (especially due to illness) by another suitable and qualified tour guide.

1.5. The number of participants at round tours is restricted to a maximum of 25 persons. The information on the duration of guided tours is approximate.

2. Surcharges; Payment

2.1. Entrance fees, cost of food as well as transportation costs by public and private means of transport, city maps, brochures, museum guides, cost of tours within the frame of tourist attractions visited as part of the guided tour are only included in the agreed price if they are expressly listed among the guided tour services or agreed additionally.

2.2. The total price of the guided tour including all booked additional services, insofar as no other agreement has been made with the tour guide, is to be paid in advance in cash on the spot to the tour guide before the tour starts, unless the guest / client was optionally offered, in the frame of the booking confirmation, to effect the payment as a prepayment by bank transfer. In this case, the transfer with a credit already in the respective account has to be done 48 hours before the agreed implementation day. visitBerlinis as an intermediary neither authorised nor obliged to organise the payment for the tour guide. Timely payments can therefore be effected only to the tour guide himself.

3. Cancellation and non-utilisation

3.1. The guest / client is advised that under the statutory provisions (§312g para 2 sentence 1 no. 9 of the Civil Code), there is no right of withdrawal for contracts for guided tours and no general right of withdrawal or termination. However, the guides mediated by visitBerlin grant the guest / client the contractual right to cancel the contract up to 72 hours before the tour begins. The cancellation for which a written or text form (email, fax, letter) is highly recommended is to be handed in exclusively vis-a-vis visitBerlin .

3.2. If the guest / client does not make use of the agreed services fully or partially without the tour guide or visitBerlin being responsible, even though the tour guide is ready and able to provide the service, the refund of payments already made cannot be claimed.

3.3. The agreed compensation will be governed by the statutory provision of § 615 p. 1 and 2 of the Civil Code: The agreed remuneration is to be paid without there being an entitlement to a subsequent guided tour. However, the tour guide has to have saved expenses credited to the compensation plus the compensation obtained by way of another use of the agreed services or malevolently omitted to obtain. It is expressly reserved to the guest / client to prove the saved expenses or compensation acquired from other guided tours. In the event of such proof, the guest / client is obliged to pay only the correspondingly lower compensation.

3.4. The agreed tour times are to be strictly adhered to. Should the guest / client be late, it is obliged to inform the tour guide of this delay at the latest at the time of the agreed beginning of the tour and to name the estimated time of the delayed arrival. The tour guide can refuse postponing the start of the tour if the postponement is objectively impossible or unreasonable, particularly if subsequent or other compelling business or private appointments of the tour guide cannot be met. Postponements of more than 30 minutes generally entitle the tour guide to cancel the tour. The tour provider shall offset the expenses saved by 25% of the agreed price and any compensation obtained from reselling the services or not earned by wilfully not seeking alternative customers. The guest/client retains the right to demonstrate that further savings or higher earnings were made by the tour provider. If this proves to be the case, the guest/client is obliged only to pay the lower amount due.

Section E. Bus mediation

1. The basic information

1.1. visitBerlin mediates on behalf of the provider’s buses and other means of transport. Through the mediation of visitBerlin , the contract between the seller and the guest / client gets concluded. For the contractual relationship between the provider and the guest / client, the following contract provisions shall apply and, to the extent of being effectively agreed, the provider's terms and conditions and otherwise, when hiring entire vehicles, the lease contract right as per §§ 531 and following items of the Civil Code, when booking individual places or rides the work contract right in accordance with §§ 631 and following items of the Civil Code.

1.2. visitBerlin presents upon request as intermediary an individual offer to the client on behalf of the client and by the client's mandate. The creation of the offer is in case of an assignment for the guest / client free of charge.

1.3. The contract between the guest / client comes into existence when it accepts this offer by notice to visitBerlin without modifications, limitations or extensions within a deadline possibly mentioned by visitBerlin in the offer.

2. Payment

2.1. The preparation of the offer by visitBerlin is free of charge provided that an appropriate service fee for the preparation of the offer has not been expressly agreed in an individual case for the event of non-acceptance of the offer.The due date of the payment depends on the agreements concluded between the guest / client and the provider. Payments are to be made exclusively to the mediated provider.

3. Cancellation and non-utilisation of the provider’s services

3.1. The guest / client is advised that under the statutory provisions (§312g para 2 sentence 1 no. 9 of the Civil Code), there is no right of withdrawal for contracts for bus transport and no general right of withdrawal or termination. However, the providers of bus transportation services mediated by visitBerlin grant the guest/client the contractual right to cancel the contract up to a reasonable time before the agreed start of transportation. Further details can be found in the respective terms and conditions of the provider.

3.2. If the guest / client does not use, in whole or in part, the agreed transportation services without the provider or visitBerlin being responsible, although the provider is willing and able to provide the service, no claim for a refund of payments already made is possible.

Legal regulations are valid for the agreed remuneration. The agreed remuneration is to be paid without there being a possibility of obtaining another guided tour. The tour guide provider lets saved expenses amounting to 25% of the agreed price be credited to the compensation as well as a compensation which he acquired through another use of the agreed services, or malevolently omitted to acquire. It is expressly up to the guest / client to prove higher cost savings or compensations acquired by rerouting the transport orders. In the event of such proof, the guest / client is obliged to pay only the correspondingly lower compensation.

Section F. Arranging charter boat cruises

1.1. visitBerlin arranges charter cruises on behalf of the shipping companies providing said cruises. Through the mediation of visitBerlin, the provider and the guest/client enter into a binding contract. The contractual relationship between the provider and the guest/client is subject to the following contractual provisions, and, if so agreed, the provider's terms and conditions, or otherwise the laws concerning the leasing of boats per §§531 ff. of the German Civil Code (BGB). Taking food and beverages onto boats owned by the shipping companies is not permitted.

1.2. Upon request, visitBerlin will act as an intermediary and present an individual offer to the client on behalf of the client and by the client’s mandate. There is no charge if the guest/client accepts the offer.

1.3. The contract between the guest/client comes into existence when it notifies visitBerlin of its acceptance of the offer without modifications, limitations or extensions within the deadline optionally set by visitBerlin in the offer.

2. Payment

2.1. The preparation of the offer by visitBerlin is free of charge unless an appropriate service fee for the preparation of the offer has been expressly agreed on a case-by-case basis in the event the offer is not accepted.

2.2. The due date of the payment is as agreed between the guest/client and the provider. Payments are to be made exclusively to the provider.

Cancellation and non-utilisation of the provider’s services

3.1 The guest/client is advised that under §312g(2)(1)(9) BGB, there is no right to withdraw from contracts for transport for ship and no general right to rescind or terminate any such contracts. However, the shipping company mediated by visitBerlin will grant the guest/client a contractual right to rescind the contract for up to 4 days before hours before the agreed start of transport; any cancellations received thereafter will require full payment of the contract price as agreed. For cancellations received within 14 days before the scheduled date of service, the cancellation fee will be 70% of the contract price; for cancellations received within 7 days before the scheduled date of service, the cancellation fee will be 90% of the contract price.

3.2 If the guest/client fails to use, in whole or in part, the agreed transportation services for reasons beyond the control of the provider or visitBerlin, although the provider is willing and able to provide said service as agreed, any claim for a refund of payments already made is excluded. Legal regulations apply to the remuneration agreed, which is to be paid without any claim to subsequent transport. The guest/client is expressly reserved the right to prove that the expenses saved or payments received from rebooking the cancelled service with another guest/client. In the event such evidence is provided, the guest/client would only be obliged to pay the correspondingly lower cancellation fee.

All English translations are based on the German original and are solely provided for your convenience. In case of any disputes, contradictions or discrepancies between the original, German-language version and versions in any other language, the German-language version always has priority and is legally binding

Agent: Berlin Tourismus & Kongress GmbH

Schönenerger Str. 15

10963 Berlin

Last updated: February 2024

General Terms and Conditions of Use and Agency for the Berlin WelcomeCard all inclusive (BWC ai) of Berlin Tourismus & Kongress GmbH (visitBerlin)

Dear customers,

Berlin Tourismus & Kongress GmbH - hereinafter referred to as visitBerlin - arranges tourist services on behalf of and for the account of other service providers. The Berlin WelcomeCard all inclusive (hereinafter referred to as BWCai)entitles you to free admission or admission at reduced rates at participating service providers as well as special offers from additional discount partners (e.g. shops, restaurants and venues). You are also entitled to use local public transport in the Berlin area in the ABC travel zone (including Potsdam and Berlin Brandenburg Airport (BER)), if you have decided to opt for the variant including a public transport ticket – making your stay in Berlin a thoroughly enjoyable experience. Should you have any questions or suggestions about the product or any complaints or objections, please contact the issuer at the e-mail address reservierung@visitberlin.de .

Please read these General Terms and Conditions of Use and Agency carefully before concluding the contract.

1. The product

1.1 The Berlin WelcomeCard all inclusiveis a tourist combination product consisting of an optional public transport ticket in the ABC travel zone and a BWCai guide (overview of free admissions at participating service providers and discounted offers at additional discount partners). It can be purchased with a validity period of 48 hours to 6 days. The Berlin WelcomeCard all inclusive is available for adults and children. The variant for children is only available without a public transport ticket. Up to 3 children (6–14 years) can travel free of charge with an adult if the adult has opted for the variant including a public transport ticket. Children below 6 years of age, pushchairs, luggage and 1 dog also travel free of charge.

1.2 The Berlin WelcomeCard all inclusive can be purchased at a fixed total price as a print ticket for self-printing, specifying the validity period, date and, if applicable, the time, or directly at Berlin Tourist Infos. The Ticket must always be presented to the respective partner before the service is utilised, This goes for all tickets, regardless of the sales channel through which they were purchased.

For the Online Ticket purchase option, the following information must be provided when ordering the Berlin WelcomeCard all inclusive in addition to the selection of validity and fare area ABC: Date and time of the first use of the service as well as the name of the customer/authorized user. If the customer does not make a selection in this regard, the current date is systematically generated on the ticket . All details are binding and cannot be changed after purchase.

1.3 The BWCai with public transport ticket must not be validated separately before it is used for the first time. The validity of the Berlin WelcomeCard all inclusive and the public transport ticket terminates automatically at the end of the selected validity period.

1.4 The ticket is not transferable. The customer’s personal data will only be used to fulfil the purpose of the contract and within the framework of the relevant data protection regulations, in particular in compliance with the technical and organisational security measures to be taken.

1.5 The BWCai guide can either be downloaded online or handed out to the user at one of the Berlin Tourist Infos. Please refer to the information in the documents provided to you for the locations of the Berlin Tourist Infos as well as their opening hours. These are subject to change at any time. The currently applicable information on all Berlin Tourist Infos and their respective opening hours can be obtained at: https://www.visitberlin.de/de/berlin-tourist-infos.

2.Definition of the participants in theBerlin WelcomeCard all inclusive, provisions relating to the service providers

2.1 Berlin Tourismus & Kongress GmbH (“visitBerlin”), Schöneberger Str. 15, 10963 Berlin, Tel. +49 (0) 30 - 25 00 23 33, is the issuer of the BWCai.

2.2 Service providers within the meaning of these terms of use are those institutions, companies, self-employed persons, tradespeople and facilities that are specified as service providers in the respectively applicable list of services of the relevant Berlin WelcomeCard all inclusive . In respect of the use of public transport, the terms of use of the respective providers apply.

2.3 Discount partners are attractions, museums, city tours, shops, restaurants, venues and others. For the complete list, see www.berlin-welcomecard.de .

3. Legal basis and information

3.1 These General Terms and Conditions of Use and Agency govern the terms for the purchase of the Berlin WelcomeCard all inclusive as well as for the use of the Berlin WelcomeCard all inclusive itself and the referral to the service providers.

3.2 The use of the Berlin WelcomeCard all inclusive does not create a contractual obligation between the customer and the issuer in respect of the services themselves. The respective service provider, not the issuer, shall be solely responsible for providing the respective service to the ticket holder.

3.3 The service relationship between the customer and the service provider shall be governed exclusively by the terms and conditions and/or the general terms of delivery or conditions of carriage of the respective service provider as well as the statutory provisions applicable to the respective service relationship.

4. Cost of the ticket, ratio of tourist services to other services

4.1 The prices of the Berlin WelcomeCard all inclusive are determined by the information documents included in the Berlin WelcomeCard all inclusive . The prices are final prices and include the statutory VAT applicable in Germany.

4.2 The purchase price may include transport costs, including statutory VAT, in accordance with the information on the public transport ticket. The collection of the travel cost component is performed by visitBerlin on behalf of and for the account of the transport companies. The user’s right to make use of the transport arises directly in relation to the transport companies in accordance with the conditions of carriage in the fare zone of the Berlin-Brandenburg transport association (the “VBB”). The issuer shall be entitled to collect payment of the price of the procured service as the authorised collection agent of the relevant service providers.

4.3 The services according to the current list of services are not primarily tourist services in regard to the other contractual services. The issuer acts exclusively as an agent. Accordingly, even when it arranges for several, specifically coordinated services, it does notact as a package tour operator in terms of Section 651(a) to (m) of the BGB (German Civil Code).

5. Conclusion of the contract, payment, issuing the Berlin WelcomeCard all inclusive

5.1 The Berlin WelcomeCard all inclusive is a voluntary commercial offer made by visitBerlin and the participating service providers. There is no general legal right to receive the Berlin WelcomeCard all inclusive .

5.2 The presentation of the Berlin WelcomeCard all inclusive in all distance selling channels does not constitute a legally binding offer, but rather a non-binding online catalogue. Input errors can be corrected before sending the order using the technical means provided in the online shop and the usual functions of the keyboard/mouse. The contract is concluded exclusively in German. By clicking the “Buy” or “Place order” button, you place a binding order for the goods contained in the shopping cart. Thereafter, input errors can no longer be corrected. Confirmation of receipt of the order occurs immediately after sending the order and does not yet constitute acceptance of the contract. Once the booking has been confirmed, the purchased online tickets for printing will be sent to the e-mail address specified by you.

5.3 The contract is concluded when the Berlin WelcomeCard all inclusive is dispatched to the indicated e-mail address or at the beginning of the validity period for the Berlin WelcomeCard all inclusive. It shall terminate at the end of contractual period as indicated on the Berlin WelcomeCard all inclusive, without any notice of termination being required.

5.4 The order data will be stored and can be retrieved by providing the booking number at the above-mentioned e-mail address. The order data includes the text of the contract together with the General Terms and Conditions. The transmission of the order data to the customer shall be in writing by e-mail.

5.5 The customer shall ensure that the e-mail address they have provided to confirm or process the order is correct, so that e-mails sent by visitBerlin can be received at this address. In particular, when using SPAM filters, the customer shall ensure that e-mails sent by visitBerlin can be delivered.

5.6 The purchase price is due and payable in advance when placing the order and can be paid by credit card or PayPal . If you pay by credit card, your account will be debited immediately on completion of the ordering process. We accept Visa, Mastercard/Eurocard and American Express credit cards. Payment by credit card is free of charge. If you wish to pay via PayPal, you will be making use of an online payment service with which payment can be effected in online shops safely, easily and quickly – free of charge. However, the use of this service requires you to login or register with PayPal. If you have decided to use PayPal and have entered your bank account or credit card details there, you can select “Payment via PayPal” during the payment process and simply pay after logging into your personal PayPal account by entering your e-mail address and password. Further information on the PayPal payment system can be obtained at http://www.paypal.de/de .

5.7 Additional charges may apply in individual cases to orders from countries outside the European Union, for which visitBerlin is not responsible, and which shall be borne by the customer. These include, for example, charges for the transfer of money by credit institutions (e.g. transfer fees, currency exchange fees).

6. Authorised users

6.1 Purchasers of a Berlin WelcomeCard all inclusive are entitled to use it.

6.2 Unless the respective applicable list of services provides otherwise, in particular for accompanying children, only the customer is entitled to use the ticket. The Berlin WelcomeCard all inclusive is not transferable.

7. Nature and scope of the services of theBerlin WelcomeCard all inclusive , limitation of services, exclusion of the ticket holder from use of services

7.1 By providing the Berlin WelcomeCard all inclusive, the issuer enables the ticket holder to use the services specified in the currently applicable list of services of the Berlin WelcomeCard all inclusive .

7.2 The nature and scope of the services provided to the ticket holder are set out exclusively in the list of services applicable at the time that the Berlin WelcomeCard all inclusive is issued, which is generally advertised or made known to the ticket holder together with the Berlin WelcomeCard all inclusive.

7.3 The service providers shall only be obliged to provide their services in accordance with the general terms and conditions of their business activities, in particular taking into account the advertised service times, opening hours and general service requirements (e.g. weather conditions).

7.4 Insofar as the services of the Berlin WelcomeCard all inclusive are also described outside the applicable list of services of the Berlin WelcomeCard all inclusive or in other advertising materials (accommodation directories, brochures, catalogues, Internet sites), the ticket holder’s entitlement to use the services shall be governed solely by the description of the services in the respectively applicable list of services. This shall apply in particular if the description in the list of services of the Berlin WelcomeCard all inclusive deviates from such other descriptions of services.

7.5 Service providers shall be entitled to exclude customers from the use of a service in whole or in part, temporarily or permanently, if a customer does not meet certain personal requirements (e.g. health-related requirements or requirements regarding clothing or equipment) or if the specific use is likely to endanger the customer, third parties or the facilities of the service provider. The same shall apply if the customer, when making use of the service, contravenes any legal requirements, safety regulations, instructions for use or the instructions of supervisors, or in any other way behaves contrary to the terms of the contract to such an extent that the exclusion of the customer is objectively justified.

7.6 The customer shall not be entitled to any claims whatsoever in the event of a limitation of the services or a justified exclusion..

8. Use of the Berlin WelcomeCard all inclusive, obligations and liability of the ticket holder

8.1. The Berlin WelcomeCard all inclusive with and without public transport ticket is valid from the first day of validity and does not need to be validated separately.

8.2 In order to make use of a service, the customer shall produce the ticket before each use of the service and provide it to the service provider for electronic or visual inspection. The user receives the inclusive service and discounts once per service provider in the period of validity of the purchased variant.

8.3 If requested by the service provider, the customer shall produce a valid photo ID. In respect of age-related services or benefits for customers or the customer’s eligible dependants, the service provider shall be entitled to request proof of age.

8.4 The customer shall be liable to the issuer and the service providers for any damage resulting from the personally culpable or contributory misuse of the ticket by the customer or third parties.

8.5 In the event of misuse, the service providers or the issuer shall be entitled to retain the Berlin WelcomeCard all inclusive without compensation.

8.6 The Berlin WelcomeCard all inclusive does not include any insurance cover. It is the customer’s responsibility to check their insurance and to ensure that they are covered, in particular, for accidents in connection with the use of the services provided by the ticket.

8.7 The customer is not entitled to reproduce, duplicate or alter the Berlin WelcomeCard all inclusive. The customer must keep the Berlin WelcomeCard all inclusive safe after receipt/printing so that third parties do not have access to it. If the Berlin WelcomeCard all inclusive is reproduced by a third party or if the Berlin WelcomeCard all inclusive is lost or damaged before the services are used, the loss shall be borne by the customer. If the Berlin WelcomeCard all inclusive is lost or duplicated by a third party, the purchase price will not be refunded.

9. Exclusion of the right of withdrawal

9.1 Consumers within the meaning of Section 13 of the BGB have a right to withdraw from contracts concluded outside business premises and in respect of distance selling contracts in accordance with the following provision: The consumer has the right to withdraw from this contract within 14 days without giving reasons.

9.2 The right to withdraw does not however apply to the purchase of the Berlin WelcomeCard all inclusive.The statutory right of withdrawal for consumer contracts is excluded for the purchase of transport tickets or contracts for the carriage of passengers (Section 312(2) number 5 of the BGB) and for contracts for the provision of services in the fields of accommodation other than for residential purposes, transport of goods, car rental services, deliveries of food and beverages, or services related to leisure activities, if the contract provides for a specific date or period of performance (Section 312g (2) number 9 of the BGB).

Consequently, the statutory right of withdrawal does not apply to the purchase of the Berlin WelcomeCard all inclusive.

10. Right to make changes to the services provided by the ticket and these conditions of use

The issuer and the service providers shall be entitled to make changes to the services specified in the respective applicable list of services by unilateral declaration or public notice for objective reasons. The same shall apply to changes to the General Terms and Conditions of Use and Agency by the issuer.

11. Liability and limitation of liability

11.1 The liability of the issuer shall be limited to deliberate acts and gross negligence, with the exception of claims arising from the loss of life or physical injury to the ticket holder.

11.2 The liability of the service providers shall be limited to their general terms and conditions, insofar as these have been agreed to and are effective, and the applicable statutory provisions.

11.3 In the event of force majeure, visitBerlin accepts no liability. Liability for non-fulfilment or delay, if these were impaired by circumstances of force majeure, is excluded. Force majeure includes unforeseeable events that are beyond the control of the parties to the contract and make the fulfilment of contractual obligations unreasonable. Such events can include, but are not limited to, natural disasters, wars, strikes, official measures or other unforeseeable and unavoidable circumstances. Nei-ther party shall be liable for damage caused by force majeure. The af-fected contractual party is obliged to inform the other party immediately of the occurrence of a force majeure event. In the event of force majeure, the parties to the contract undertake to jointly seek appropri-ate solutions in order to minimise the impact on the fulfilment of the contract.

12. Limitation of claims

Contractual claims of the customer against the service provider or the issuer arising from injury to life, body or health, including contractual claims for damages, which are based on a deliberate or negligent breach of a duty by their legal representatives or vicarious agents, shall lapse after three years. All other contractual claims shall lapse after one year.

13. Information on online dispute resolution

The EU Commission has created an internet platform for the online resolution of disputes (the “OS platform”). The OS platform serves as a contact point for the out-of-court settlement of disputes in respect of contractual obligations arising from online purchase contracts. Customers can access the OS platform via the following link: http://ec.europa.eu/consumers/odr/ .

14. Choice of law and jurisdiction

German law shall apply exclusively to the contractual relationship between the authorised ticket user and visitBerlin. The place of jurisdiction shall be Berlin. In respect of consumers, this choice of law shall apply insofar as this does not negate the protection provided by the mandatory provisions of the law of the state in which the consumer is normally resident. The provisions of the CISG are excluded.

15. Miscellaneous

Should any individual provision of these General Terms and Conditions be or become invalid, the other provisions shall nevertheless remain effective.

As of January 2024

Gift Voucher Conditions of Berlin Tourismus & Kongress GmbH „visitBerlin“

With our gift vouchers you can give the gift of joy & experience Berlin. Our gift vouchers can be personalised and are available online in just a few steps. The following are the general terms and conditions for gift vouchers which apply in addition to the general terms and conditions of Berlin Tourismus & Kongress GmbH.

1. Usability of the gift voucher/scope of services

Our gift vouchers can only be redeemed for events that can be booked directly via our website (www.visitberlin.de). The voucher cannot be redeemed for third-party offers that are arranged via our website but have to be booked in the ticket system of the event organiser (third-party provider).

Here you can access our ticket portfolio for admission tickets for museums, exhibitions, city tours, boat tours, city tours via visitBerlin.de: https://www.visitberlin.de/de/tickets-veranstaltungen-sehenswuerdigkeiten-berlin

Click here for tourist tickets bookable via visitBerlin.de: https://www.visitberlin.de/de/berlin-welcome-card

2. Validity

The gift vouchers are valid for 3 years.

3. Redemption and Deduction

Gift vouchers are taken into account when booking admission tickets or tickets for museums, exhibitions, city tours, boat tours, city tours or for tourist tickets in the visitBerlin.de shopping basket and reduce the price by the value of the respective gift voucher. They can be redeemed for several bookings until the credit has been used up.

It is possible to redeem several gift vouchers for one booking as long as the value of goods is not exceeded.

4. Remaining credit/Exclusion of exchange and Cancellation

The remaining credit remains on the voucher and can be used for a new booking. Gift vouchers cannot be exchanged. There is also no cancellation with payment of the credit balance or payment of the credit balance if the gift voucher is not redeemed within the period of validity. In this case, the gift voucher expires.

5. Transferability

Gift vouchers are transferable. Anyone who has the data of the voucher can also redeem it. Please only give the voucher details to the person who is to use the voucher.

All English Translations are based on the German original and are solely provided for your convenience. In case of any disputes, contradictions or discrepancies between the original, German-language version and versions in any other language, the German-language version always has priority and is legally binding.

Agent: Berlin Tourismus & Kongress GmbH

Schöneberger Straße 15
10963 Berlin

Last Updated: October 2023