General terms and conditions of business

Status: February 2019

These general terms and conditions govern the contractual relationship between the client (hereinafter referred to as the "customer") and Hamburg Erlebniswelt eK, represented by its owner, Ayhan Erberk. By booking, the customer accepts these terms and conditions.

I. Scope

1. The following terms and conditions apply to all services provided by Hamburg Erlebniswelt eK within the scope of city tours, walking tours, city sightseeing tours, transport services, and events of any kind for consumers, businesses, and legal entities under public law. The inclusion of your own contractual terms and conditions is expressly prohibited unless we have agreed to their validity in writing.

2. These Terms and Conditions shall apply even if we perform the service to the customer without reservation despite being aware of conflicting or deviating terms and conditions of the customer. In such cases, acceptance of the services by the customer shall be deemed acceptance of these Terms and Conditions.

3.Hamburg Erlebniswelt eK collects and stores the personal data necessary for business transactions. Hamburg Erlebniswelt eK complies with legal regulations when processing personal data. We undertake to use the data provided to us only for the purpose of providing services, processing inquiries, preparing offers or invoices, and to treat it confidentially. For further information on the protection of your data, please refer to our privacy policy.

4. Hamburg Erlebniswelt eKist reserves the right to amend these General Terms and Conditions in whole or in part. Notice of such changes will be provided by posting the new General Terms and Conditions on the website.

II. Placing of order, subject matter of the contract and conclusion of the contract

1. Offers from Hamburg Erlebniswelt eK are non-binding and subject to change. By placing a booking or transport order, which can be made verbally, by telephone, in writing, by email, via the online contact form, or via the online booking system, the customer makes a binding offer to Hamburg Erlebniswelt eK to conclude a contract based on the service description and these general terms and conditions. If orders are carried out for the benefit of a third party, the corresponding fee is to be paid by the customer in case of doubt.

2. The contract is concluded upon written confirmation by Hamburg Erlebniswelt eK. Any ancillary agreements or changes are always subject to written confirmation.

3. In the case of verbal registration, the acceptance of these General Terms and Conditions, unless already stated in the offer of Hamburg Erlebniswelt eK, takes place either by personal reading of the presented copy on site or after expressly waiving prior reading and your consent to the subsequent submission.

III. Services and booking conditions

1. The scope of services is generally determined by the service description provided by Hamburg Erlebniswelt eK and any additional agreements made. Any subsidiary agreements require written confirmation by Hamburg Erlebniswelt eK.

2. Hamburg Erlebniswelt eK reserves the right to require a minimum number of participants or a minimum price for certain events.

3. For pre-contractual services, a processing fee may be charged depending on the effort involved, which will be credited to the agreed price if the contract is concluded.

4. The agreed service does not include:

4.1 The supervision of guests, in particular children, school classes, young people and persons in need of assistance;

4.2 The supervision and liability of items brought to an event by the customer or one of his guests.

5. The maximum number of participants per guide for walking city tours is 30 people (also for combined bus tours/walking tours).

5.1. If the number of participants attending the tour exceeds the agreed number or, unless expressly agreed otherwise, the number of 30 people per tour guide, Hamburg Erlebniswelt eK is entitled to call in an additional tour guide. This additional tour guide will be fully compensated according to the applicable fee rates, regardless of the number of participants exceeding the agreed number. It is at the discretion of the original and additional tour guides to split the group. If an additional tour guide cannot be found due to the agreed number of participants being exceeded, Hamburg Erlebniswelt eK is entitled to compensation amounting to twice the applicable fee rate.

6. Hamburg Erlebniswelt eK reserves the right, in exceptional circumstances, to transfer the rights arising from this contract to another company. The client will be notified of such transfer without delay. Upon notification, the client has the right to withdraw from the contract.

IV. Terms of payment

1. Payment for the commissioned service is made using the payment method selected by the customer during the booking process. Major credit cards, direct bank transfer, or PayPal are accepted. Cash payment on site in euros may also be possible. Payment by invoice is due within 14 days of receipt of the invoice. The receipt of payment is decisive for compliance with the deadline. The invoice amount must be transferred without deduction to an account specified on the invoice. The customer is not entitled to reduce or retain the invoice amount if counterclaims exist, unless the claims are legally valid or undisputed.

If the participation fees have not been paid by this date, we are entitled to prohibit you from participating in the event.

2. The prices published at the time of booking apply. All prices for events aimed at consumers include the applicable statutory VAT. For offers for commercial customers, statutory VAT is not included in our stated prices.

3. Any entrance fees, parking fees, transportation costs, and meal costs are not included in the price and must be paid directly by the customer on-site. Any exceptions to this policy must be agreed upon in writing.

V. Withdrawal by the customer

1. The customer may withdraw at any time before the start of the booked event. The date of receipt of the cancellation notice by the organizer is decisive. Advance payments already made, such as admission tickets for the Elbphilharmonie Plaza tour (these cost €5.00 per person for tour operators), will still be invoiced. Cancellations must be made in writing and confirmed by the organizer. If the customer withdraws from the contract or fails to attend an agreed event without first withdrawing from the contract, the organizer may demand appropriate compensation. The organizer may calculate the specific damages or, at its discretion, assert a lump-sum compensation claim.

2.Cancellation conditions of Hamburg Erlebniswelt eK:

For individuals/public tours:

In case of cancellation less than 24 hours (1 day) before the start of the event or in case of non-appearance of the customer, 100% of the event price will be charged.
(This does not include advance payments, such as entrance tickets for the Elbphilharmonie Plaza tour (these cost tour operators €5.00 per person), but will still be invoiced).

For group tours or private tours/city tours (commissioned):

from 14 days to 3 days before service provision: 50%
up to 3 days (72 hours) before the start of the event or no-show: 100% of the respective invoice amount
(This does not include any advance payments such as entrance tickets or bus charters, but these will still be invoiced).

3. Any third-party services provided by our partners are subject to their cancellation periods and fees.

VI Withdrawal by Hamburg Erlebniswelt eK

Hamburg Erlebniswelt eK reserves the right to withdraw from the contract in whole or in part, even at short notice and on site, in the following cases.

1. In the event of force majeure.

2. In case of acute illness or non-appearance of the tour guide.

3. If a customer or group member persistently disrupts the performance of the service, despite a warning.

4. If a customer or individual participants act in breach of contract or grossly negligently disregard safety instructions.

5. If a customer is unable to meet the program requirements due to misjudgment.

6. We reserve the right to refuse an event booking without giving reasons. In this case, any event fees already paid will be fully refunded.

VII Conditions of carriage in our vehicles

1. Hamburg Erlebniswelt eK vehicles may not be used for journeys beyond the contractually agreed use. Furthermore, Hamburg Erlebniswelt eK vehicles may not be used for the transport of dangerous substances of any kind or for the commission of crimes within the meaning of the German Criminal Code, even if these are only punishable under the law of the place where the crime was committed.

2. For excess baggage, bulky baggage, or the transport of animals not specified in the travel request, appropriate surcharges may be charged. The fee for the agency service will then be correspondingly higher than that stated in the booking confirmation. Hamburg Erlebniswelt eK may refuse to transport persons, non-agreed baggage, and/or animals if, in its sole discretion, space and safety conditions do not permit it. This also applies if animals are not accommodated in a closed and suitable transport box.

3. When transporting children up to the age of twelve, and no taller than 150 cm, child restraint systems or child seats are mandatory in the Federal Republic of Germany. Hamburg Erlebniswelt eK provides the customer with free child seats for the booked trip. The customer must indicate the need for child restraint systems in the travel request by specifying the number, age, and weight of the children to be transported, as well as the type of restraint system required.

4. Hamburg Erlebniswelt eK may refuse transportation if mandatory requirements were not communicated by the customer in the travel request or were not communicated correctly. If transportation is not possible for this reason, this will not affect Hamburg Erlebniswelt eK's compensation under the service contract with the customer for the specific transportation.

VIII Liability and obligations of the customer/client

1. The customer is obligated to cooperate in the event of service disruptions and to avoid or minimize any damage. In particular, the customer is obligated to immediately notify the organizer of any agreed services that are defective or missing.

2. The organizer's liability is limited to the agreed services and is excluded for damages and accidents. Participation in the events is at your own risk.

3. For tours for children and young people, and school groups, neither the organizer nor the tour guide assumes responsibility for supervision. The accompanying staff must be provided by the customer.

4. The customer must behave while driving our vehicles in such a way that, in particular, their own safety and that of the chauffeur are not endangered. The vehicle must be handled with care, and the technical instructions for use must be observed. For reasons of road safety, the customer undertakes, in particular, to wear a seat belt and to follow the chauffeur's instructions. The chauffeur is responsible for ensuring the safe completion of the journey. Passengers are therefore prohibited from opening the doors while driving, throwing objects out of the vehicle, and/or protruding body parts or shouting from the vehicle. If instructions are not followed, or if the provided vehicle is used in a manner that is not in accordance with the contract, the customer is entitled to terminate the contract immediately without further notice. In this case, Hamburg Erlebniswelt eK is entitled to invoice the entire service for the contract. If the vehicle is used in a manner that is not in accordance with the contract, a claim for compensation arises. Any damage to the vehicle or other damage must be compensated for by the customer. If the passenger and the customer are not the same person, they are jointly and severally liable, even if the customer is not at fault. If the vehicle is grossly or negligently soiled, the cleaning costs will be invoiced separately.

5. Smoking is prohibited in the passenger compartment of the vehicles. If the customer or a passenger ignores this, the customer will be responsible for the cost of cleaning the vehicle and any resulting loss of use. Bringing food is not permitted. Alcoholic beverages may only be brought and consumed in the vehicle after prior agreement.

6. Hamburg Erlebniswelt eK is not obligated to verify the accuracy of the customer's submitted data. The customer is responsible for any damages resulting from errors, transmission errors, and misunderstandings in verbal, telephone, written, email, online contact form, or online booking system communication with the customer or with third parties, unless the damage was caused by Nordtransfer Limousine Service.

IX Liability of Hamburg Erlebniswelt eK

1. The organizer is liable for the conscientious preparation, the careful selection of the tour guides, the accuracy of the service descriptions and the proper provision of the contractually agreed services.

2.The organizer is not liable for services that are recommended or arranged as third-party services by other service providers (e.g. train, bus or taxi companies, restaurants, museum or exhibition visits, etc.).

3. Hamburg Erlebniswelt eK is liable for all damages caused to the customer through gross negligence, provided the damage is covered by the motor vehicle liability insurance taken out for the respective vehicle. Further liability is excluded. In the event of delay, liability only arises in cases of gross negligence or willful intent.

4. In the event that possible claims for damages due to non-fulfillment of contractual services are considered, these must be submitted to Hamburg Erlebniswelt eK in writing no later than the third working day after completion of the order.

5. No liability is assumed if the service cannot be provided, in whole or in part, due to force majeure or special events, even if orders with fixed dates or deadlines were agreed. Hamburg Erlebniswelt eK reserves the right to withdraw from the contract in whole or in part, even at short notice and on-site, in the event of technical malfunctions, vehicle breakdowns, force majeure, extremely bad weather conditions, strikes, or legal requirements. Hamburg Erlebniswelt eK will attempt to provide the customer with a replacement vehicle. Should this be unsuccessful, the customer will receive a refund of any deposit. Further recourse against Hamburg Erlebniswelt eK is excluded.

6. The exclusion of liability also applies if the aforementioned reasons occur with partner companies necessary for the fulfillment of the order. Under these circumstances, Hamburg Erlebniswelt eK is entitled to reschedule the time for the provision of the service by the duration of the disruption plus a reasonable period of time, or to withdraw from the contract in whole or in part, taking into account the part not yet fulfilled. An exclusion of liability also applies if the duration of the transport has been exceeded, but this is due to the fact that even with the greatest care an excess and its consequences could not have been avoided, e.g. in the case of traffic jams or unforeseeable road closures. Hamburg Erlebniswelt eK may commission third parties to carry out all transactions assigned to it in its own name, in whole or in part, if it considers this justified after weighing up the interests of the customer. If Nordtransfer makes use of this, the responsibility is limited to the careful selection and instruction of the commissioned third party.

X Accessibility of local attractions and their special regulations

1. Hamburg Erlebniswelt eK has no influence on the admission times of local attractions. The time stated in the order confirmation from Hamburg Erlebniswelt eK therefore only applies to the start of the tour. It does not guarantee

admission to a tourist attraction at the specified time.

2. Furthermore, Hamburg Erlebniswelt eK has no influence on the general accessibility of museums and public buildings, especially churches, on Sundays and public holidays (e.g. closure due to church services, special events, etc.).

XI Place of jurisdiction, choice of law and translation of the General Terms and Conditions

1. All prior business and legal relationships between the customer and Hamburg Erlebniswelt eK shall be governed by the laws of the Federal Republic of Germany. The place of jurisdiction for all disputes arising from the contract or contractual relationship is Hamburg.

2. If the customer is a merchant or a legal entity under public or private law or if the customer has no general place of jurisdiction in Germany, the place of jurisdiction for actions brought by Hamburg Erlebniswelt eK is its registered office, i.e. Hamburg.

3. Due to international business relations, these General Terms and Conditions are also available in English. In the event of any discrepancies between the English translation and the German text, the German version shall prevail.

XII 12. Severability Clause

The possible invalidity of individual provisions shall not result in the invalidity of the remaining provisions or of the contract as a whole.

Inh. Ayhan Erberk

Veringstraße 52

21107 Hamburg