Conditions

General terms and conditions of TEDDY TOUR BERLIN

Preamble

1.) We are fully aware that your cuddly toy is the most prized possession you own. A teddy is irreplaceable and invaluable, which we take into consideration, of course. We treat your cuddly toy with total care and attention from its arrival in Berlin to its departure.

2.) Berlin is an open-minded, tolerant city and the staff of TEDDY TOUR BERLIN follows this motto and say 'no' to any form of discrimination. We welcome all types of cuddly toys regardless of their race, nationality, religion/denomination, sexual orientation, age and disabilities.

3.) There are enough cars in Berlin and we don’t want to add another one. That’s why the city tours are carried out on a bike or by public transport.

General terms and conditions

1.) Scope

The following general terms and conditions apply to everyone, who books a tour with TEDDY TOUR BERLIN. The general terms and conditions are published on the homepage of TEDDY TOUR BERLIN and are accessible to all users of the website. We assume that everyone, who books a tour with TEDDY TOUR BERLIN accepts the general terms and conditions.

2.) Changes to the general terms and conditions

TEDDY TOUR BERLIN has got the right to change the general terms and conditions. Changes will be published on the homepage www.teddy-tour-berlin.de. The old general terms and conditions apply for all legal acts, which took place before the changes.

3.) Range

a) TEDDY TOUR BERLIN offers holidays for teddy bears and other cuddly toys – in the following text only referred as participants. This offer applies only to cuddly toys which can be transported in parcels with the maximum measurements of 80x40x40cm and with the maximum weight of 3 kilograms (parcels from outside Germany may not weight more than 2 kilograms and their size must not exceed “length+width+height = 90 centimetres” with no side longer than 60 centimetres). Participants exceeding these measurements may take part in a tour under certain circumstances – which have to be discussed with TEDDY TOUR BERLIN in advance. Living animals, animal dissects and human beings can not take part.

b) TEDDY TOUR BERLIN offers different tour ranges.

Participants are only entitled to the services on the selected tour. If it is not possible to visit a certain place, TEDDY TOUR BERLIN will look for an alternative spot spontaneously.

c) After having informed TEDDY TOUR BERLIN, special wishes can be booked. The additional price will be calculated and communicated in advance.

d) The price of the postage to Berlin has to be paid by the customer. Customers are obliged to send participants in a sturdy parcel, which can also be used for their return trip.

e) Prices depend on the selected tour. They are listed on our website www.teddy-tour-berlin.de.

f) Participants etc will be returned in an insured the Deutsche Post parcel.

4.) Contract Partners

Contracts with TEDDY TOUR BERLIN can only be made:

- by a participant’s owner who is of legal age

- by a parent or guardian in cases where the participant’s owner is not of legal age or is not allowed to make contracts by law

- if the owner of a participant agrees.

TEDDY TOUR BERLIN operates under the assumption that these conditions are fulfilled if a booking has taken place.

5.) Vertragsabschluss

A contract with TEDDY TOUR BERLIN is made legally binding after TEDDY TOUR BERLIN’s booking confirmation via e-mail or ordinary postal service has been received. This booking confirmation includes the confirmation of the chosen tour and the request for payment. Bookings can be made on the website of TEDDY TOUR BERLIN.

6.) Refusal of participants

TEDDY TOUR BERLIN is allowed to refuse participants. In this case, TEDDY TOUR BERLIN sends the participant back. If the participant’s owner has already transmitted the money to the bank account of TEDDY TOUR BERLIN, TEDDY TOUR BERLIN transmits the money back – except for the costs, which were incurred, and except for an administration costs (10% of the cost of the booking).

7.) Payment Details

a) TEDDY TOUR BERLIN sends a request for payment together with the booking confirmation. The customer has to transmit the amount to our bank as soon as possible.

b) The participant can only take part in the booked tour once the complete costs (including the transmission fees) have arrived in the bank account of TEDDYTOUR BERLIN.

c) If the payment arrives late on the account of TEDDY TOUR BERLIN, the participant has to wait for the next tour. Or it can be sent back to its owner and the customer gets the money back – except for the costs for postage and except for an administration fee (10% of the costs of the booking).

d) TEDDY TOUR BERLIN is neither obliged to take a participant on a tour, nor to return to its owner if it arrived with insufficient payment. If the full payment has not been received after a period of 6 months, TEDDY TOUR BERLIN is allowed to donate the participant to a charitable institution without informing the owner of the participant.

e) The customer has to pay all transaction fees if the monetary transaction is carried out outside Germany.

8.) Liability

a) Participation in TEDDY TOUR BERLIN it at owner’s risk. We cannot accept liability for damages sustained, loss of the participant, force majeure or culpable actions by a third party. TEDDY TOUR BERLIN is only liable for gross negligence and malice. Hereby, the legal regulations apply.

b) However, we are aware of our serious responsibility and will treat all participants as well as possible. We recommend that you take out a private transport insurance with the transport company instructed to send the participant for further peace of mind.

c) The return organised by TEDDY TOUR BERLIN within Germany is by insured post parcel (Sum of insurance: see parcel insured with the German postal service). If you are interested in insuring the parcel at a higher sum for the return journey, please contact TEDDY TOUR BERLIN.

9.) Cancellation

The customer has to cancel the trip in writing. If the trip is cancelled before the participant is sent, TEDDY TOUR BERLIN charges a fixed cancellation fee (10% of the booking costs). If the trip is cancelled after the participant arrives, TEDDY TOUR BERLIN will charge the cancellation fee (10% of the booking costs) plus postage costs and further incurred costs. In addition, point 7d) of our general terms and conditions (AGB) applies her.

10.) Data retention, data protection, restrictions

the customer’s data are subject to the data protection act and are solely used by TEDDY TOUR BERLIN and not forwarded to third parties, providing there is no statutory duty issued by the authorities or requirement to provide the information for evidence purposes.

11.) Copyright and labelling Law

Copying or utilising images, foto files or texts created by TEDDY TOUR BERLIN is not permitted without explicit agreement by TEDDY TOUR BERLIN. This does not apply to the participant’s group foto for private use.

12.) Publication

TEDDY TOUR BERLIN is allowed to publish photos and participant’s details for commercial, advertising and marketing purposes. Information regarding the owner i.e. customer will only be disclosed with prior agreement.

13.) Contact

TEDDY TOUR BERLIN can be contacted at www.teddy-tour-berlin.de, which contains all other important information and contact details.

14.) Final regulations

a) The German law applies to all contracts between TEDDY TOUR BERLIN and its contract partners and the United Nations Convention on Contracts for the International Sale of Goods is not applicable. The place of jurisdiction is Berlin and the language of contract is German.

b) TEDDY TOUR BERLIN sends information to its customers via email or by post. The customer agrees to be informed of TEDDY TOUR BERLIN offers via email or by post. If this is no longer required, TEDDY TOUR BERLIN can be notified.

c) If individual points of these general terms and conditions ( AGB) become ineffective, it does not lead to all general terms and conditions to become ineffective including the contract.

As at 02.09.2005