General Terms and Conditions of Berliner Unterwelten e.V. (February 2012)

These general terms and conditions apply to the participation in our tours and seminars, and also the visit to our events and exhibitions.

The following terms and conditions cover the legal relations between the Berlin Underworlds Association, referred to henceforth as «BU» – and the participant in our tours (regular and group tours), seminars, events and/or exhibitions.

1. The contract with participants on group tours and events for groups is formed as follows: upon request, BU sends the interested party a written offer («service offer»). By signing and returning this offer, the interested party accepts this offer.
2. The contract with participants in seminars comes into effect as follows: the interested party fills out the registration form, and BU confirms this in the by confirming the registration.
3. The contract with participants on public tours is formed with the sale of an entrance ticket. The entrance ticket is only valid for the tour, date and time marked upon it. Late entry is not possible. The ticket price is non-refundable.

1. The price of the seminar must be paid by bank transfer to the account listed below at least two weeks before the seminar begins.
2. The price for group tours and events for groups must be paid in advance at least two weeks prior to the tour, in cash directly after the tour to the guide, or within 8 days of receiving an invoice from BU. Payment by invoice is only possible for billing addresses inside of the Federal Republic of Germany. Invoices are issued only after the group tour or event has taken place. EC or credit cards are not accepted.

1. The tours, seminars, exhibitions and events of BU are usually not accessible to disabled guests. Smoking is generally prohibited. Guests are prohibited from bringing animals. Photography and filming is generally forbidden in facilities supervised by BU. Large bags and rucksacks as well as bulky or sharp-edged objects are not allowed. Luggage storage is not provided. The instructions of BU personal are to be followed at all times.
2. For some tours (namely, Tour 2, D, E and K) and seminars there are age restrictions, or it is specified that minors must be accompanied by a parent or guardian. For some tours (namely, Tour 2, D,E and K) and seminars there certain requirements for clothing and equipment. Details are available in the flyers and/or on the BU website and/or in the registration confirmation and/or during the safety and security briefing.
3. The tours are not suitable for children under 7 years of age. Because of the difficult nature of the history that is presented, the decision whether or not to bring children between 7 and 13 on the tours lies with the parents or guardian. The BU’s tours for children are suitable for those over 6 years of age.

1. The liability of BU for contractual breach of duty or delict is limited by malicious intention and gross negligence. This does not apply to the death; injuries to the body or heath of the participant; or to the claims of a violation of cardinal obligations and compensation for damages caused by delay (§ 286 BGB). In this respect BU is responsible for every degree of fault. The liability in the case of a violation of cardinal obligations will be limited to the expected damages. Cardinal obligations are the essential contractual obligations, which are necessary elements of the contract, the contents of which the contractual partners may trust to be carried out.
2. In particular cases the owner or holder of an object may make, as a requirement of entry, the signing of a waiver of liability or disclaimer. In this case the participant/visitor must hand in a signed waiver of liability or disclaimer. Should this be necessary, the form will be provided by BU. The waiver of liability or disclaimer relates only to the relationship between the owner/holder of the object and the participant or visitor. The relationship between BU and the participant/visitor remains as described above in the limitations of liability: § 5, point 1, sentences 1-5.

Participants/Visitors that are observed to be intoxicated; disrupt the flow of a tour or other events; endanger other persons; act contrary to the instructions of the personal of BU or the terms and conditions of BU; in particular cases do not except the safety briefing or refuse to submit a waiver of liability or disclaimer (§ 5, point 1) can be refused entry or continued participation or permission to stay an object of BU by the guide or supervisory staff of BU. The refusal should, when possible, take place after the affected person has been warned. The ticket price will not be refunded for participants who have been excluded for the aforementioned § 6 reasons.

1. Should a tour, exhibition, event, or seminar be impossible or extremely difficult to carry out as a result of circumstances beyond the control of BU (for example: an act of nature, sickness, public transport strike), BU maintains the right of withdraw from the contract. Additionally, BU maintains the right of withdrawal when the minimum amount of participants is not reached – 5 people for public tours and seminars and 7 persons for other events.
2. The BU must use its right of withdrawal as per §7, point 1 without delay. Entry prices that have already been paid by the visitor/participant will be immediately refunded.
3. The BU and its employees can use its right of withdrawal when it comes/they come to the conclusion that the group will significantly disrupt or hinder the orderly flow of the tour; will be a danger to the general safety of traffic; calls the free-democratic basic order of the Federal republic of Germany into question; or violates its Basic Constitutional Law. In this case, the BU and its employees has/have the discretion whether or not to provide a refund.
4. In the case of a contractually organized group tour or event for groups, the participants/visitors have the right to cancel without giving reasons. If the cancelation is made more than 7 days before the tour/event, there will be no cancelation fees (=price after saved expenditure) charged by BU. If the cancelation is made more than 24 hours in advance of the tour/event, 30 percent of the price will be charged as a cancelation fee. If the cancelation is made within 24 hours of the tour/event, 80 percent of the price will be charged as a cancelation fee.
5. BU reserves the right to make minor changes in the programme of seminars, group tours and regular tours (for example, in respect to the time or duration) should it be impossible or extremely difficult to carry out the programme as planned as a result of circumstances beyond the control of BU. The participant does not have the right to withdraw from the contract or demand compensations because of such a change in programme.
6. BU has the right to cancel group and public tours as well as seminars, if the safety of the participants cannot be guaranteed.

Should the participant/visitor arrive late to a contractually agreed tour, they are in default. In the case of a delay of more than 10 minutes, BU has the right to shorten the duration of the tour by the amount of time that the start of the tour was delayed, without compensation. Furthermore, the BU has the right to carry out the tour at a time when it fits smoothly into the tour schedule, without disrupting the following groups.If the participant/visitor arrives more than 30 minutes late to a contractually agreed tour, BU is entitled to the price of the tour after the deduction of the saved expenditure. In this case, the participant/visitor loses the right to the carrying-out of the group tour. The saved expenditure will be estimated at 20 per cent of the price. Here the last sentence of § 7, point 2, applies correspondingly.

The BU handles the personal details of participants in accordance with applicable data protection regulations. The details are recorded using an automated procedure, processed and used. Data is not transferred to third parties.

Should one element of the general terms and conditions be invalid or invalidated, this does not affect the efficacy of the remaining elements. In case of any uncertainties which arise due to errors in translation, the German version of this disclaimer is the legally binding one.

Berlin, February 2012

The steering committee