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Berlin Tourismus Marketing GmbH, hereinafter referred to as "BTM", mediates the following services on behalf and for the account of tourist service providers. With the exception of the mediation BTM does no insofar provide any own service. The contract concerning the respective booked service shall be sole concluded between you, hereinafter referred to as "instructing party/customer" and the tourist service provider. Neither does BTM act as tour operator within the framework of the mediation activity, but merely maintains a relationship with the instructing party/customer through the mediation order.

1.1. Reservation: BTM offers hotel rooms on behalf of the service providers through its reservation system. BTM, the travel or the partner agency shall check whether the room requested by the instructing party is available in the system. The contract for accommodation shall be deemed to have been concluded as soon as the instructing party has been informed of the reservation number by BTM, the travel or partner agency. The hotel shall be obliged to make the reserved room(s) available for the booked period. If not, it shall pay damages to the instructing party. The instructing party shall be obliged to pay the room rate agreed upon for the duration of the contract.

1.2. Payment: The instructing party shall pay the rate for the room(s) booked by him/her at the booked hotel. In the event of booking through a travel agency, the instructing party shall pay at the travel agency. The travel agency shall remit the amount due, after deduction of the agency commission agreed upon, directly to the hotel. Any claims must be asserted exclusively against the hotel. In the event of booking through BTM, a processing fee shall be collected from the instructing party.

1.3. Arrival after 18h00: As a matter of principle the booked rooms shall be kept available by the hotel until 18h00 on the day of arrival. The instructing party shall be obliged to inform the hotel if he is likely to arrive after 18h00. In the case of guaranteed bookings (deposit or advance payment and/or indication of a credit card number) the booked rooms shall be kept available beyond 18h00 up to the arrival of the instructing party. The same shall apply to bookings which are made on the day of arrival but after 18h00.

1.4. Changes in Bookings: Any changes in the reservation of the accommodation or the person(s) traveling shall be deemed to be changes in booking. This can be processed for a lump-sum fee of 15 € per booking. Changes in bookings which result in a shorter stay shall be deemed to be a cancellation within the meaning of the provisions of Clause 1.5.

1.5. Withdrawal from the Contract/Cancellation: The instructing party may withdraw from the contract at any time prior to the commencement of the journey by means of a declaration of withdrawal vis-à-vis BTM or the travel agency. The declaration of withdrawal must be made in writing. If cancellation is at short notice - two days or less before arrival - the instructing party is also required to give the place of accommodation notification of cancellation directly. Charge-free cancellation shall in principle be possible, regardless of the date of booking, provided that such cancellation is received in writing by BTM no later than 6.00 pm one day prior to the booked day of arrival. Any exceptional regulations shall be agreed by the hotel in the period of 48 hours directly with the instructing party immediately on receipt of the confirmation of reservation. Independently a instructing party is entitled, after receipt of exeptional regulations, to cancel free of charge within 24 hours - but not later than 6.00 pm one day prior to the booked day of arrival. Short term bookings with arrival within 3 days after the date of booking - exceptional regulations shall be agreed by the hotel directly with the instructing party immediately on receipt of the confirmation of reservation. Independently a instructing party is entitled to cancel free of charge, immediately on receipt of exeptional regulations, but not later than 6.00 pm one day prior to the booked day of arrival. If a booking is canceled by a instructing party on the booked day of arrival or later than 6.00 pm one day prior to the booked of arrival, BTM shall try to have the room(s) which has(have) become available occupied by other instructing party. If these efforts fail, the hotel shall be entitled to claim damages from the instructing party for non-performance in accordance with § 651 BGB (German Civil Code). The cancellation fees shall not exceed 80% of the room rate for the first overnight stay. The hotel shall be at liberty to claim more extensive damages for non-performance from the instructing party in the event of a booking for several nights, if it can be proved that the room(s) which become(s) vacant as a result of the cancellation could not be otherwise occupied.

1.6. No-Shows: In the case of unannounced no-shows the hotel shall be entitled to issue a no-show invoice to the instructing party within seven days of the day of arrival. The no-show fees shall not exceed 80 per cent of the room rate for the first night. The hotel shall be at liberty to claim more extensive damages for non-performance from the instructing party in the event of a booking for several nights, if it can be proved that the rooms which become available as a result of the no-show could not be otherwise occupied.

1.7. Cancellation/withdrawal from agreement or No-Show: In the case of cancellation/withdrawal from agreement, and guests who do not appear, the BTM makes a modest fee for services rendered in the form of a single cancellation charge of 15 € per booking.

1.8. Group Bookings: For group bookings of 8 rooms/16 persons or more, the terms and conditions of the service provider concerned apply. The offer is made free of charge. Where no reply is received within the deadlines specified, BTM will charge a fee for the time spent processing the booking. The prices offered by travel agencies acting as agents on behalf of BTM and other agents are net prices.

Admission tickets are offered in as far as there is a sufficiently large contingent in the system. If tickets are not available, no claims may be made for the mediation of tickets. This also refers to entrance tickets or vouchers for tours of the city. In case of vouchers, which can be redeemed against a ticket at the operator, the availability of the service is oriented to the terms and conditions of the operator. BTM charges forwarding expenses/handling fee for every booking.

2.1. Booking, Payment and Ticket Transfer: Booking fees and - in case of booking via system providers - system fees shall be due as a surplus fee charged on the base price. The admission tickets or vouchers shall only be sent to the instructing party after the booking has been completed and the total sum has been debited from the customer's account by credit card or electronic direct debit. A booking is only concluded with the timely receipt of payment by BTM. In every case, any risk of delay in payment via bank transfer or delivery shall lie entirely with the instructing party. In the case of short-term bookings arrangements can be agreed to collect the admission tickets at the BTM BERLIN infostores or at the customers hotel in Berlin. No claim for reimbursement shall be admissible where the instructing party fails to collect the admission tickets by the agreed time.

2.2. Bookings for Groups of 16 Persons or more: When a instructing party makes an inquiry for a group booking, the instructing party will receive an offer specifying group terms and conditions and the period allowed for payment. If the instructing party makes no reply to the offer from BTM by the stated deadline, an administrative fee may be charged for the time and labor incurred by BTM.

2.3. Withdrawal from the Contract/Cancellation: Tickets may not be exchanged or returned, in so far as the performance is not canceled for reasons which fall within the liability of the service provider.

2.4. Print@Home-Tickets: The transmission of the ordered tickets effected in the Print@Home procedure directly at the customer by expression of the ticket dispatched electronically to the customer. The customer is entitled concerning the ticket ordered by him to the purpose of the intended use to make only one pressure copy. It is not entitled to reproduce the printed ticket to multiply or change. An unauthorized multiplied or an unauthorized sold Print@Home ticket entitled not for the attendance of the performance. The uniquely usable ticket-barcode is cancelled electronically at the place of event by the barcode-scanner. It is impossible therefore that further persons - by duplication of the barcode - with the same barcode can provide entrance to the performance. Neither the organizer or BTM carry the responsibility, if by unauthorized duplication or abuse of the Print@Home tickets incommodities and/or damage are caused. The Print@Home ticket is like conventional tickets at a safe place in order to prevent an abuse to keep. During loss and/or abuse of the Print@Home neither the organizer or BTM responsibility carry tickets and no replacement out. Resale to third is expressly forbidden with tickets acquired in the Print@Home procedure. The customer is responsible to protect the ticket against the access through third. If a duplication of the ticket takes place through third, then the damage goes debited to the customer. This damage can consist of the fact that the customer does not get an admission to the performance with the original ticket.

BTM arranges tour guide services, such as city bus and walking tours. Insofar as no other agreement has been reached with the tour guide, cash payment must be made to tour guides for their services in advance at the start of the tour. The tour guide's respective fee does not cover the cost of entrance tickets nor any other necessary charges the bus or walking tour may incur. Any service booked may be cancelled free of charge up to 72 hours prior to the day of the tour. In the case of last minute cancellations within this 72-hour period, the Customer is obliged to pay the fee in full. The tour guide is obliged to wait for the Customer for at least 30 minutes at the arranged meeting point. Waiting time will be deducted from the agreed tour duration.

BTM acts on behalf of the service providers as an agency for buses and other means of transport. BTM shall submit an offer to the instructing party on behalf of the service provider. If the instructing party makes no reply to the offer from BTM by the stated deadline, an administrative fee may be charged for the time and labor incurred by BTM. BTM and the booked service provider must be informed of any changes or cancellations in writing. An administrative fee may be charged for changes to or cancellations of booked services. The terms and conditions of the particular service provider also apply.

BTM acts as an agency for package holidays of third party service providers on behalf and for the account of accordingly named tour operator. With the registration for a holiday the customer makes a binding offer to the tour operator for the conclusion of a holiday contract. The contract is concluded with the sending of the confirmation/invoice of the tour operator. The respective holiday terms and conditions of the operator shall apply which are sent to the customer with the booking enquiry.

Where other services are supplied, the instructing party shall receive a booking confirmation, either from BTM or directly from the service providers, detailing the amount due and methods of payment. The booking shall only be deemed effective after receiving the payment within the payment period specified. The business terms of the service provider do apply.

BTM shall be exclusively liable for its agency services. Its liability shall be restricted to wrongful intent and gross negligence. In the case of ordinary negligence liability shall be ruled out. BTM shall not be liable for disturbances caused by forces majeure or strikes or disturbances of transmission in the communication network. BTM shall not be liable in tort for matters not within its own area of responsibility.

The invalidity of individual provisions of the standard terms and conditions for agency services shall not result in the invalidity of all of the provisions of such terms and conditions for agency services. These standard terms and conditions shall apply exclusively to agency services provided by Berlin Tourismus Marketing GmbH and to offers which BTM explicitly provides for the customer in its own name and for own account. The place of jurisdiction is Berlin.

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