Terms & Conditions
General Terms and Conditions of Berlin Tourismus & Kongress GmbH (visitBerlin)
Berlin Tourismus & Kongress GmbH (hereinafter referred to as "visitBerlin") uses the TOMAS® Booking System and the visitBerlin Shop to make the Berlin Welcome Card (hereinafter referred to as the "BWC"), the BWC Museum Island and the Berlin CityTourCard (hereinafter reffered to as the “CTC”) for tariff zones AB and ABC as well as souvenirs, brochures, adventure tickets, travel packages, and overnight accommodation available to order and/or purchase online.
Both booking options described above (the TOMAS® Booking System and the visitBerlin Shop) are differentiated by the products and payment methods, the information required when making a purchase, and their options for revoking contracts of sale. In order to make the purchase of our products as easy as possible in the various booking options, these Terms and Conditions include those for each option, labelled accordingly for the TOMAS® Booking System (http://www.berlin-welcome-card.de; http://www.citytourcard.com) and the visitBerlin Shop (https://shop.visitberlin.de). Rules that apply to both booking options are presented first in each section.
1. The BWC as well as the CTC allows holders unlimited use of public transport while granting discounts of up to 50% to numerous associated providers of tourism services. The BWC Museum Island also includes free admission to the museums of Museum Island (special exhibitions excluded) in addition to the other benefits of the BWC. The BWC as well as the CTC can be purchased as an actual card for tariff zones AB and ABC. The purchase of an online ticket is only possible for tariff zone AB. The purchase of a voucher is only possible for tariff zone ABC.
2. In addition, the visitBerlin Shop also offers souvenirs and brochures for sale. The TOMAS® Booking System, on the other hand, allows customers to book tickets to various experiences, travel deals, and hotel accommodations.
1. These terms and conditions apply to all contracts made with consumers as defined in §13 of the German Civil Code (BGB) or entrepreneurs (hereinafter referred to collectively as the "customers") for goods and services offered via the TOMAS® Booking System or the visitBerlin Shop. No other provisions apply. Any provision other than those contained herein is effective only with the express written approval of visitBerlin.
2. These terms and conditions also apply to future business transactions even if not expressly agreed again.
3. Consumers for these purposes are any natural persons engaged in a transaction outside the exercise of their commercial or freelance professional activities.
4. Entrepreneurs for these purposes are any natural persons, legal entities, or legal partnership engaged in a transaction within the exercise of their commercial or freelance professional activities.
§3 Parties to the Contract/Contact Persons
1. Any purchase contract is made with Berlin Tourismus & Congress GmbH (visitBerlin), Am Karlsbad 11, 10785 Berlin. More information about the seller can be found in the imprint section.
2. The Berlin Service Center is available to answer questions about our products and services as well as receive any suggestions, complaints or other issues by calling +49 (0) 30 - 25 00 23 25.
3. The use of the services included in the BWC/CTC and BWC Museum Island is also subject to the terms and conditions of each service provider. The respective terms and conditions can be obtained from the service providers. The organisers/providers expressly reserve the right to change the services offered, operating hours, prices and/or validity periods.
§4 Products Offered, Contracts, Obligation to Provide Service and/or Deliver Product
1. The presentation of products does not constitute a legally binding offer; it is instead a non-binding online catalogue of services and products. By clicking the "Buy" or "Order" buttons, you are placing a binding order for the goods in your online shopping basket. You will receive immediate notice that your order has been submitted, but this does not constitute our acceptance of a contract. We can accept your order by sending an order confirmation to your registered email address.
Order processing and contact is done through an automated email process. The order information will be stored and can be retrieved using your booking number under the service number listed above. The order data includes the text of the contract together with these terms and conditions. The order data will also be sent in text form in an email to the customer.
The customer must ensure that the email address provided to confirm the order and process is correct so that emails sent by visitBerlin can be received. In particular, the customer must ensure that spam filters are not blocking emails from visitBerlin.
In addition to selecting the validity period (see §5) and the tariff zone (AB or ABC) for the BWC/CTC, the following information may be required, depending on the ticket type (voucher, online ticket, actual card):
a) Voucher: Customer/Card User Name
1. TOMAS® Booking System: The first date of usage for the BWC/CTC (as well as the time for the 48 hour and 72 hour cards) must be indicated. The voucher may be redeemed for an actual ticket until the expiry date indicated.
2. visitBerlin Shop: a third party can be designated to collect the ticket.
b) Online ticket: The first date of usage for the BWC/CTC (as well as the time for the 48 hour and 72 hour cards) and the name of the customer/card user must be indicated.
c) Actual card: No further data required.
If you do not indicate a date for options a) or b) above, the current date (the date of purchase) will be printed on the ticket automatically by the system. Once entered, all details are binding and cannot be changed.
The goods remain the property of visitBerlin until payment has been received in full. The customer is not entitled to dispose of the goods whilst they remain the property of visitBerlin. If this retention of title no longer pertains because the goods delivered by visitBerlin have been further processed (such as by being combined with other items), the customer hereby grants visitBerlin an ownership interest in the new item so created. The obligation to return the goods delivered is hereby replaced by an obligation that the customer retains the new item thus created at no charge on behalf of visitBerlin.
2. BWC/CTC (for tariff zone ABC) or BWC Museum Island (tariff zones AB and ABC) vouchers can be ordered via the TOMAS® Booking System; these can then be exchanged for an actual card at one of the redemption locations listed below. Online tickets for tariff zone AB can also be purchased through this booking option. Online tickets can be used immediately starting from the time and date indicated on ticket and there is no need to exchange them for an actual card.
Once your order is confirmed, the vouchers purchased will be sent to the email address provided. Ordered goods cannot be picked up in person.
Each customer may order no more than 20 vouchers.
3. Actual cards for BWC/CTC and BWC Museum Island in both tariff zones AB and ABC can be purchased through the visitBerlin Shop as well as vouchers for the tariff zone ABC. The vouchers can then be exchanged for an actual card at one of the redemption locations listed below. Actual cards, if ordered, will be sent by post to the customer and can be used immediately upon being stamped by a Berlin public transport validating machine.
Registered customers’ order data is stored in the visitBerlin Shop and can always be retrieved after logging into the password-protected customer account at https://shop.visitberlin.de/en/checkout/cart/. For orders placed as a guest, your order data will no longer be accessible at https://shop.visitberlin.de/en/ for security reasons. You may opt to create the contract in German or English.
Goods are normally shipped to the delivery address specified by the customer with delivery confirmation. Vouchers, online tickets, and downloadable products will all delivered via email. Ordered goods cannot be picked up in person.
Delivery in Germany by mail is within 5 days (standard DHL shipping), other European countries within 5-10 days, and to non-European countries within 10-14 days. Deliveries are not made on Sundays and public holidays.
If the customer or authorised recipient cannot be found at said delivery address, visitBerlin is entitled to hand over the goods to a replacement recipient. Such replacement recipient would especially be chosen from others in the customer's household or other such persons present at the delivery address. If the delivery is made to a neighbour of the purchaser, the period for rescission granted in §5 herein begins upon receipt of the delivery by the customer.
If the goods cannot be delivered to the address specified by the customer, the customer shall bear the costs of the unsuccessful delivery. This does not apply if customers are consumers as defined above and have exercised their right of rescission by refusing to accept delivery or if the delivery was not possible for reasons beyond their control or that of the authorised recipient.
The customer is not entitled to compensation if the delivery is rendered impossible or substantially more difficult due to force majeure or other events that are beyond the control of visitBerlin. Such events include: fire, flood, labour disputes, equipment failure, strikes and government orders not attributable to the operating risk of visitBerlin. In such instances, the customer will be notified immediately about the inability to fulfil delivery and any payment already made will be refunded immediately.
Partial deliveries are allowed, unless the customer refuses such deliveries or deems them unreasonable. If visitBerlin executes its rights under this clause, shipping and handling costs will be charged only once.
visitBerlin reserves the right to withdraw from the contract if its suppliers fail to make delivery as promised. visitBerlin will make all reasonable efforts to procure the goods. If the goods are not available or are only partially available, the customer will be informed immediately and any payment already made will be immediately refunded.
Each customer may order no more than 50 vouchers.
§5 BWC/CTC variants; using the ticket; terms for obtaining discounts from service providers
1. The Berlin WelcomeCard (BWC) includes the Berlin WelcomeCardTicket (whether it is a voucher, online ticket or actual card) for public transport and the BerlinWelcomeCard Guide. The BWC-Guide will be provided for each individual user. For groups (group size max. 4 persons) one Guide is sufficient. For each additional person another guide will be needed.
2. The Berlin CityTourCard (CTC) includes the CTC-Ticket (whether it ist a voucher, online ticket or actual card) for public transport and the additional CTC product. The additional CTC product will be provided for each individual user.
3. The various reductions provided by the tourism service providers are only available upon presentation of the valid ticket. The user must voluntarily present the ticket before using the service
4. The BWC Museum Island variant provides the user with once-daily admission to the museums of Museum Island Berlin (special exhibitions excluded) for the duration of the ticket's validity.
5. The BWC is available for 48 or 72 consecutive hours or 4, 5, or 6 calendar days (online ticket only for tariff zone AB, voucher only for tariff zone ABC). It includes travel on all public transport operated by local transport company Verkehrsverbund Berlin-Brandenburg (hereinafter referred to as "VBB") in either zones A and B or zones A, B, and C.
6. The CTC is available for 48 or 72 consecutive hours or 4 or 5 calendar days (online ticket only for tariff zone AB, voucher only for tariff zone ABC). The CTC includes travel on all public transport operated by local transport company Verkehrsverbund Berlin-Brandenburg (hereinafter referred to as "VBB") in either zones A and B or zones A, B, and C.
7. The BWC Museum Island variant has a single validity period of 72 hours.
8. Actual cards must be validated before users take their first journey on public transport or claim their first discount from one of the tourism service providers. Validation is done by stamping the card in the designated machines of VBB (normally yellow). The validity begins once the ticket has been validated. The ticket must be validated before 11:59pm on 31 December of the year in which it was acquired. The validated ticket may continue to be used until that same hour on 2 January (48 hour ticket) or on 3 January (72 hour ticket); or until 11:59pm on 3 January (4 day ticket), 4 January (5 day ticket), or 5 January (6 day ticket).
9. Online tickets do NOT need to be validated before first use. Their validity period depends on the date (and time for the 48 hour and 72 hour BWC/CTC variants) indicated on the online ticket. The 4, 5 and 6-day tickets expire at 11:59 pm respectively on the fourth, fifth or sixth calendar days after validation.
10. The presentation of a valid ticket is required each time a discount is used. It must also be presented before starting your first journey on public transport.
11. The purchase price includes a travel portion incl. statutory VAT as specified on the ticket. The travel portion of the purchase price is collected by visitBerlin on behalf of the transport companies. Users' claim their right to transport arises directly from the transport companies in accordance with the conditions of carriage in the tariff zone of the VBB.
12. Depending on the provider and type of service, the discounts offered at numerous providers of touristic services, including city tours, walking tours, boat trips, visits to museums or theatres and attractions, as well as admission to numerous other attractions may be up to 50% when using the BWC or 30% when using the CTC. The BWC Museum Island offers free admission to selected institutions (see §5(1)).
13. Discounts for stage events, unless otherwise stated, will be granted only at the box office the day of the event; all other discounts will be honoured at the providers' box offices (this only applies when using the BWC).
14. Unless otherwise stated, the discounts apply for one adult user and are based on the regular (normal, non-discounted) price. Discounts for children, if offered and if not otherwise indicated, apply for up to three children under the age of 15.
15. Discounts may not be claimed after the BWC/CTC has expired and no refund of the purchase price is granted for discounts not claimed.
16. The organisers/providers expressly reserve the right to change the services offered, operating hours, prices and/or validity periods.
17. The BWC Guide is only available as part of the purchase of a valid Berlin WelcomeCard. Any breach of this provision is subject to legal penalties.
18. The BWC as well as the CTC cannot be returned or exchanged.
§6 Instructions for using vouchers and online tickets
Important notes for using vouchers:
Vouchers (only available for tariff zone ABC) are validated by the system based on the voucher number and can therefore only be redeemed for an actual card once at any of the redemption locations listed below (including all Berlin Tourist Information Offices). Upon redemption, customers will also receive the BWC Guide as well as the additional CTC product.
The voucher itself is not considered a ticket and does not grant any discounts from providers of touristic services.
Any costs for travel to the redemption location will not be refunded. As issuer of the voucher, visitBerlin is not liable for any personal or material damage suffered by the customer during the journey to the redemption location.
The voucher can be redeemed only by the person designated thereon (usually the purchaser). However, when ordered through the visitBerlin Shop, the customer may indicate a third party to redeem the voucher and collect the actual card. The purchaser or other person authorised to redeem the voucher must identify him- or herself with a valid form of ID. The redemption locations are authorised to collect personal data before redeeming said vouchers and require a signed receipt confirming the same. The voucher is non-transferable, cannot be redeemed for cash and may only be redeemed for a single ticket.
The voucher may be redeemed for an actual ticket at any time before the expiry date indicated. The voucher must be presented in order to be redeemed. There are no fees associated with redeeming the voucher.
The customer is not entitled to reproduce, copy or modify the printed voucher. The customer shall keep the voucher secure from access by third parties. If a third party reproduces the ticket or the voucher is lost before it is redeemed, the customer shall bear the damages. If the voucher is lost or reproduced by third parties, there will be no refund of the purchase price.
These special provisions for dealing with the voucher and its redemption apply for security reasons to prevent fraud in online payments.
Any misuse of the voucher, its reproduction, etc. is punishable by law and will be prosecuted. visitBerlin explicitly reserves the right to claim damages in such cases.
The locations of the Berlin Tourist Information Offices and other redemption locations for vouchers are:
Berlin Tourist Information Offices:
• Hauptbahnhof (Central Station)
Ground floor, Europaplatz entrance
• At Tegel Airport (TXL)
directly at Gate A 01 and in main hall
• Europa Center
Tauentzienstraße 9, Ground Floor
• At Zentraler Omnibusbahnhof (ZOB)
• Brandenburg Gate
Pariser Platz, south gatehouse
• Hotel Park Inn by Radisson Berlin Alexanderplatz
Alexanderplatz 7, hotel lobby
• DER Touristik Airport Services GmbH
Berlin Tegel Airport
Terminal A Gate 2
• Tourist Information Office Berlin-Brandenburg
Berlin Schönefeld Airport (SXF)
• Tourist Information Office Berlin-Brandenburg
Berlin Schönefeld Airport (SXF)
Terminal D Arrival – public area
Other voucher redemption locations only for BWC:
• ZOB Central Bus Station Berlin
ZOB Reisebüro Main Hall, Masurenallee 4-6
Please note that CTC vouchers cannot be redeemed at those three locations!
Changes are possible! Current information about the Berlin Tourist Information Offices and other redemption locations including their current opening times can be found at: https://shop.visitberlin.de/en/voucher.
Important notes for using online tickets:
Online tickets (only available for tariff zone AB) must be printed by customers upon purchase and before making first use of them on A4-size paper. In addition, the BWC Guide must also be collected at one of the Berlin Tourist Information Offices listed below. The BWC-Guide will be provided for each individual user. For groups (group size max. 4 persons) one Guide is sufficient. For each additional person another guide will be needed.
Only in conjunction with the Guide does the online ticket count as a ticket for public transport and access to discounts from providers of touristic services. The online ticket is only valid for the period specified (date, time, validity) and is only available for tariff zone AB.
The online ticket can only be used only by the person designated thereon (usually the purchaser). Users may be asked to verify their identity with a valid form of ID. The online ticket is not transferable and cannot be redeemed for cash. If the online ticket is not used or is lost, visitBerlin will not issue a replacement.
The customer is not entitled to reproduce, copy, or modify the online ticket. The customer shall keep the online ticket secure from access by third parties. If a third party reproduces the ticket or it is lost before used, the customer shall bear the damages. If the online ticket is lost or reproduced by third parties, there will be no refund of the purchase price.
Any misuse of the online ticket, its reproduction, etc. is punishable by law and will be prosecuted. visitBerlin explicitly reserves the right to claim damages in such cases.
§7 Pricing, payment terms and shipping costs
1. The prices stated are net and include the current statutory VAT for Germany. visitBerlin is unable to accept other forms of payment. If, contrary to this regulation, the customer sends cash, for example, for the shipment of brochures, etc., visitBerlin accepts no liability should it be lost.
2. The purchase price is due in advance when the order is placed and can be paid by credit card (American Express, MasterCard, Visa). Your account will be charged immediately upon submission of the order. We accept Visa, MasterCard/Eurocard and American Express.
3. For orders from countries outside the European Union, additional costs may be incurred that are beyond the control of visitBerlin and which are payable by the customer. These can include charges for money transfers through banks (such as wire transfer or currency exchange fees).
4. If the customer is in arrears with the payment, visitBerlin will charge interest at the rate of 5 percentage points above the base rate of the Deutsche Bundesbank, when neither the customer nor visitBerlin prove lower or higher damages. The interest is payable upon expiry of payment deadline without further warning.
5. The shipping and delivery charges are based on the country of delivery and are shown at https://shop.visitberlin.de/en/versand. In addition, the specific shipping costs for the customer's particular order are displayed separately in the shopping basket prior to submitting the order. There are no shipping costs for the online delivery of vouchers or online tickets by email.
6. Orders placed via the TOMAS® Booking System can also be paid using the electronic direct debit procedure. If you opt to pay by direct debit, you are issuing visitBerlin a mandate to debit the price to be paid from your current account with a SEPA direct debit. This mandate is part of the confirmation. The debit will be made 5 days after the invoice date. The deadline for pre-notification is shortened to 3 days. You agree to provide the funds in the account. You are responsible for all costs incurred due to non-payment or reversal of the debit unless visitBerlin is responsible.
7. For orders placed via the visitBerlin shop or the TOMAS® reservation system, payment can also continue to be made by PayPal. PayPal is an online payment service that allows you to pay quickly and easily in online shops at no charge to you as the customer. It does require you, however, to have an account or register for a new account with PayPal. If you have opted to use PayPal and have provided PayPal with your bank or credit card details, you can choose "Pay by PayPal" during the checkout process and pay by logging into your personal PayPal account with your email address and your password. For more information on PayPal, visit http://www.paypal.de/de.
When making a purchase, personal data concerning customers will be collected, including their name, address, telephone number, email address, and the validity period for any online tickets or vouchers purchased. This data will be stored solely for the purpose of fulfilling the purchase as agreed. Customers may at any time request information about the personal data on file and, unless required for the purposes indicated above, ask for said date to be deleted by sending a corresponding request to: datenschutz@visitBerlin.de.
§9 Right of Rescission
1. Consumers have a right to rescind the contract under the following conditions: You have the right to cancel this contract within fourteen days without giving any reason. The right of cancellation does not exist, for the purchase of a voucher, an online ticket, an actual card or the BWC Museum Island (compare § 8 (6) ).
2. The rescission period is fourteen days from the date on which you or a third party named by you (other than the carrier) have taken possession of the goods.
3. To exercise your right of cancellation, you must notify us in writing (i.e. by post, fax, or email) at
Berlin Tourismus & Kongress GmbH
Customer Service & Sales
Am Karlsbad 11
10785 Berlin (Germany)
Tel.: +49(0)30 -25 00 25
Fax: +49(0)30 -26 47 48 966
clearly stating your intention to rescind this contract. You can sure use the attached rescission template, if you wish, but its use is not mandatory. The notice of rescission shall be deemed timely if it has been sent before the expiry of the rescission period stated herein.
Consequences of rescission
If you rescind this contract, we shall refund all payments that we have received from you, including delivery costs (with the exception of any additional costs incurred by your optional choice of another mode of delivery other than the least expensive standard delivery offered by use) within fourteen days from the date on which your notice of rescission has been received by us. We will refund the same method of payment that you used for the initial transaction, unless otherwise agreed with you; in no instance, will you be charged fees for this refund. We may withhold the refund until such time as we have received the returned goods or proof that such goods have been returned, whichever comes first.
You shall return the goods to us promptly and in any event not later than fourteen days from the date on which you notify us that you are exercising your right to rescind the contract. The deadline is met if you send back the goods before fourteen days run out.
We will bear the cost of such returns. You will only need to pay for any diminished value of the goods if the deterioration in value is due to handling beyond that which was necessary to ascertain the nature, characteristics and functioning of the goods.
If you want to cancel the contract, please fill out this form and send it back to:
Berlin Tourismus & Kongress GmbH
Customer Service & Sales
Am Karlsbad 11
10785 Berlin (Germany)
Tel.: +49(0)30 -26 47 48 966
– We/I hereby rescind the contract for the purchase of the following products or services:
Ordered/received (*) on
Customer signature (only if notice is provided on paper)
(*) Cross out that which does not apply
Alternatively, you can also contact us by telephone at +49 (0) 30 25 0 25, by Email (versand@visitBerlin.de) or by fax at +49 (0) 30 26 47 48 966 and notify us of your rescission.
Exclusion of the right of rescission
The statutory right of rescission does not exist for contracts sold by mail order, in particular for the purchase of tickets or contracts relating to the carriage of persons in accordance with §312(2)(5) BGB, as well as for contracts for accommodation services other than permanent housing, the transport of goods, vehicle rental, delivery of food and beverages, or the provision of other services related to leisure activities if the contract provides for a specific date or period (see §312g(2)(9) BGB).
There is no statutory right to rescind the purchase of a BWC/CTC voucher, BWC/CTC online ticket, BWC/CTC actual card or the BWC Museum Island.
End of the notice of right of rescission
§10 Warranty, liability
1. If there is a defect in the goods, the statutory provisions apply.
2. If the customer is a merchant within the meaning of §1 of the German Commercial Code (HGB), the commercial inspection and notice requirements in accordance with §377 HGB apply. If the customer fails to comply with the notification requirements therein, the goods shall be deemed accepted.
3. If the customer is a consumer, he or she is asked to make a claim with the delivery service for any obvious shipping damage and to notify visitBerlin of such claim. If the customer (as a consumer) fails to comply with this request, this does not affect his or her legal and contractual right to assert warranty claims. If the merchandise is defective in any other way, the customer shall notify visitBerlin immediately.
4. visitBerlin will notify the customer immediately if said goods are to be picked up by visitBerlin or by the shipping carrier commissioned by visitBerlin from the customer or if the customer is to return them at visitBerlin's expense.
5. If the number of products supplied differs from the quantity ordered, visitBerlin likewise requests that it be notified immediately.
6. The information in the BWC Guide as well as the information on the additional CTC product is based solely on information provided by the cooperating service providers. visitBerlin, as the publisher of the Guide, assumes no liability for said information. The use of any additional services that differ from those indicated in the Guide or at berlin-welcomecard.de may incur additional charges for the user.
7. visitBerlin, as the issuer of the BWC/CTC products, assumes no liability for the non-performance or poor performance of the associated service providers or for any personal injury, property or other damages suffered by the user at the hands of the service provider or in the course of the service being provided. Such claims are to be pursued exclusively with the respective service provider. visitBerlin is liable only to the extent mandatory legal regulations provide for such liability and accepts unlimited liability only damages caused by its intentional acts or acts of gross negligence or if visitBerlin has made a guarantee. Liability for damages due to slight negligence which results in injury to life, limb or health is likewise unrestricted. For slightly negligent breaches of essential contractual obligations, the liability is limited to the value of tangible and financial damages to the extent such damage was foreseeable and typical. Liability for indirect damages, including consequential damage, unforeseeable damage or atypical damage as well as lost profits is excluded. The same applies to damages caused by accident or force majeure. visitBerlin also expressly waives any liability for technical faults (e.g. non-availability of this website).
§11 Notice concerning the right to file disputes online
The European Commission has created an internet platform for online dispute resolution (ODR). The ODR platform is place for customers to seek the extrajudicial settlement of disputes concerning contractual obligations arising from online purchase agreements. Customers can reach the ODR platform under the following link: http://ec.europa.eu/consumers/odr/.
visitBerlin does not take part in a voluntary settlement of disputes out-of-court. Nevertheless, we are obliged to give you the contact details of the responsible arbitration body:
Allgemeine Verbraucherschlichtungsstelle des Zentrums für Schlichtung e.V., Straßburger Str. 8, 77694 Kehl, telephone: +49 785179579 41, fax: +49 7851 79579 41, internet: www.verbraucher-schlichter.de, EMail: email@example.com
§12 Applicable Law
The parties agree that all legal matters shall be subject to German law providing that in accordance with Article 6 (2) of the Rome I Regulation the costumer cannot be deprived of the protection stemming from the nonderogable provisions of the consumer’s residence.
§13 Place of Performance, Jurisdiction
1. The place of performance for all mutual obligations under this contract shall be the company headquarters of visitBerlin. For consumers, this choice only to the extent recourse is not made to the mandatory legal protections of the state where the consumer has his or her customary abode.
2. The place of jurisdiction shall be solely the court holding jurisdiction at the place of performance if the customer is a merchants as defined by the German Commercial Code (HGB), a legal entity created under public law or a public entity or does not have a general place of jurisdiction within the Federal Republic of Germany.
§14 Right to Amendment Reserved
visitBerlin reserves the right to modify these terms at any time. The version of these terms made known to and accepted by the customer at the time the order was submitted shall apply.
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.
If any provision of these terms and conditions is or shall become invalid, the other conditions herein remain effective.
Last updated: May 2018
General Terms and Conditions for the Berlin Welcome Card all inclusive
Please read these terms and conditions carefully prior to conclusion of the contract.
With the above product (hereinafter: “BWC all inclusive”), Berlin Tourismus & Congress GmbH (visitBerlin) distributes and mediates the services of third-party service providers in its own name and for its own account (all-inclusive services) or in third-party names for third-party accounts (discount services). The BWC all inclusive is distributed in cooperation with Turbopass Ticket GmbH – hereinafter “Turbopass”. visitBerlin does not perform any of the services, events or other activities offered with the BWC all inclusive itself; rather, all-inclusive services and discount services are offered bundled as a combi-ticket.
Actual performance is carried out by a third party, hereinafter referred to as “service providers”. Service providers within the meaning of these Terms and Conditions are those institutions, companies, self-employed persons, business people and facilities which are named in the applicable service specifications of the BWC all inclusive as the providers of the respective services.
Services are therefore always provided on the basis of the general terms and conditions (GTCs) that are applicable for the service providers. The customer will be informed by the service provider with regard to the applicable GTCs, or the GTCs can be viewed on the website of the service provider.
visitBerlin is not responsible for performing services, but merely for ensuring that the BWC all inclusive provides customers with an entitlement vis-à-vis the service providers to the conclusion of a contract under the conditions discernible from the service specifications. Depending on the offer from the service provider, you will have either free admission/entitlement or admission/entitlement at a reduced price. visitBerlin has included additional discount partners (e.g. shops, restaurants, theatres) as well as the classic tourist facilities.
The BWC all inclusive is available with or without use of public transport. Use of public transport is free with the corresponding product variant and relates to the ABC fare zones (incl. Potsdam and Schönefeld airport SXF).
The entitlement of the user to transportation arises directly vis-à-vis the transport companies in accordance with the conditions of carriage in the fare zone of the Verkehrsverbundes Berlin-Brandenburg (VBB).
1. Participants, product variants, prices
1.1 Berlin Tourismus & Kongress GmbH (visitBerlin), Am Karlsbad 11, 10785 Berlin, Tel. +49 (0) 30 - 25 00 23 33, is the issuer of the BWC all inclusive in cooperation with Turbopass Ticket GmbH, Alsterdorfer Str. 245, 22297 Hamburg, Tel. +49 (0) 40 / 87 88 098 -50.
1.2 The issuer is available on the telephone number +49 (0) 30 - 25 00 25 to address any questions or suggestions you may have about the product as well as any complaints or issues.
1.3 The BWC all inclusive consists of the card, which entitles the holder to performance by the service providers, the BWC ai guide, which describes all service providers, and, where appropriate, the ticket for use of public transport. You will receive a package of free or discounted services from the participating service providers, and it is available for adults in the following product variants:
• BWC all inclusive 48 hours without public transport
• BWC all inclusive 72 hours without public transport
• BWC all inclusive 4 days without public transport
• BWC all inclusive 48 hours with public transport
• BWC all inclusive 72 hours with public transport
• BWC all inclusive 4 days with public transport
Users aged 15 and over are considered adults; users between the ages of 3 and 14 are considered children. The product version for children is available only in connection with the purchase of a BWC all inclusive for adults.
The following product variants are available for children:
• BWC all inclusive 48 hours
• BWC all inclusive 72 hours
• BWC all inclusive 4 days
The product version for children (3–14 years) is available only without public transport use, since this is available to them through the accompanying adult ticket. The conditions of carriage in the fare zone of the Verkehrsverbund Berlin-Brandenburg (VBB) apply with respect to the transportation. Therefore, up to 3 children (3–14 years) can accompany each adult with a BWC all inclusive. The product version for children is available only in connection with the purchase of a BWC all inclusive for adults.
If you purchase your ticket online, the BWC guide is available from the Berlin Tourist Information office.
1.4 The BWC all inclusive is available in different purchase variants (ticket by post, online ticket, voucher). The BWC all inclusive can be purchased at www.berlin-welcomecard.de, at Berlin Tourist Info offices (with the exception of the Berlin Tourist Info at the central bus station), and through various visitBerlin distribution partners. The BWC all inclusive is available from the various distribution channels in various purchase options. Where necessary, the customer must check which purchase options are available from which distribution channel.
1.5 The BWC all inclusive may only be used for a fixed period of validity. Please note that a voucher does not entitle the holder to services as is; rather, it must be redeemed for an original ticket in the Berlin Tourist Info offices (with the exception of the Berlin Tourist Info office at the central bus station). Only the ticket by post and the online ticket entitle the ticket holders directly to the services from the participating service providers.
1.6 The transportation ticket must be stamped once before being used for the first time. Before using the card, the holder must fill it in by hand with the holder’s full name and the date of the first day of validity. After the expiry of the validity period, the BWC all inclusive automatically becomes invalid.
1.7 Locations of Berlin Tourist Info offices for the redemption of vouchers:
• Main railway station: Ground floor, entrance Europaplatz
• Airport Tegel (TXL): directly at gate A 01 and gate A 02 (DER Touristik Airport Services GmbH)
• In the Europa-Center: Tauentzienstrasse 9, ground floor
• Brandenburg Gate: Pariser Platz, southern gatehouse
• Hotel Park Inn by Radisson Berlin Alexanderplatz: Alexanderplatz 7, hotel lobby
1.8 The prices for the BWC all inclusive are determined by the respective product variant and are final prices including VAT applicable in Germany. In the product variant with use of public transport, the sale price includes transport costs including statutory VAT in accordance with the information on the public transport ticket. The collection of the transportation costs is undertaken by visitBerlin in the name and for the account of the transportation companies.
2. Authorised users
2.1 Authorised user is the person to whom the BWC all inclusive was issued. The BWC all inclusive is personal and may not be transferred to third parties.
2.2 Personal data of customers is used only to fulfil the purpose of the contract, as well as in the framework of the relevant data protection regulations, in particular in compliance with the technical and organisational security measures to be taken.
3. Conclusion of contract, payment
3.1 The representation of the BWC all inclusive at berlin-welcomecard.de does not represent a legally binding offer but rather a non-binding online catalogue. Information submission errors can be corrected before submission of the order through the technical means provided in the online shop, as well as via the usual keyboard/mouse functions. The contract may be concluded in either German or English. By clicking on the button "buy"/"submit binding order", you are submitting a binding order for the products in the shopping cart. Information errors can no longer be corrected after this point. Once the order has been submitted, receipt of the order will be confirmed and results in immediate conclusion of the contract. The purchased vouchers will be sent to the email address specified by you; purchased postal tickets will be sent to the address you provided. Tickets are delivered by post within 5 days in Germany (DHL standard shipping), to European countries within 5–10 days and to countries outside Europe within 10–14 days. Delivery charges are shown separately in the shopping basket. No deliveries are made on Sundays or public holidays. The pickup of goods ordered online is not possible. Delivery by post is always carried out by Turbopass ticket GmbH. There are no delivery charges for vouchers sent by email.
3.2 Your order details will be saved and can be retrieved via the service telephone number of Turbo Ticket GmbH (+49 (0)40 -87 88 098 50) by quoting your order number. The order details include the contractual text along with the GTCs. Order data will be sent to the customer in text form by email.
3.3 it is the customer’s responsibility to ensure that the email address or postal address provided by him for the confirmation of the order/order processing is correct, so that vouchers or goods can be received at that address. In particular, the customer must ensure, if SPAM filters are being used, that the emails sent out can be delivered.
3.4 The purchase price is immediately due in advance upon ordering and can be paid using credit card (Mastercard, Visa), PayPal, the “Sofortüberweisung” payment system or bank transfer.
If payment is made via Sofortüberweisung, the customer can trigger payment for the ordered goods via his online banking account during the ordering process. After selecting Sofortüberweisung in the ordering process as the method of payment, the customer will be directed to the secure payment form of SOFORT GmbH, Fussbergstrasse 1, 82131 Gauting. SOFORT GmbH undertakes the payment process automatically (which is comparable to paying with an EC card and PIN) without access to the transaction by Berlin Tourismus & Kongress GmbH. Just like when using an EC card, SOFORT GmbH will check the available credit in your account when making a payment by Sofortüberweisung and, if there is sufficient account coverage, undertakes the transfer to Berlin Tourismus & Kongress GmbH. In addition, the SOFORT GmbH system checks in around 30% of cases if previous payments have been made with Sofortüberweisung in order to rule out systematic fraud. To perform a Sofortüberweisung transaction, SOFORT GmbH requires your name, bank code and account number, as well as the PIN and a TAN for your online banking account. Only the customer’s name, bank code, account number, stated transaction purpose, amount and date of the transfer will be saved, not the credit availability or balance of the customer’s account nor past transactions. If the transaction is successful, Berlin Tourismus & Kongress GmbH receives only an automated confirmation from SOFORT GmbH in real time that the transfer was carried out.
When making a payment by bank transfer, the customer must transfer the purchase price to the account of Berlin Tourismus & Kongress GmbH, GmbH, IBAN: DE37 1008 0000 0922 2212 00, BIC: DRESDEFF100, quoting the order number as purpose of transaction.
In the case of a payment by means of electronic direct debit (ELV), a mandate is granted to visitBerlin which allows the customer’s account to be debited by the price due by way of SEPA direct debit. The mandate is part of the confirmation. Collection of the direct debit payment takes place five days after the date of invoice. The period for pre-notification will be reduced to 3 days. The customer guarantees to ensure sufficient funds in the account. The customer bears any costs incurred if the direct debit in not honoured or reversed, provided that the non-honouring or reversal of the debit was not caused by visitBerlin.
In the case of order transactions up to 3 days before claiming services, certain methods of payment may not be available.
3.5 Additional charges may apply in individual cases to orders from countries outside the European Union; these charges are not attributable to the issuer and must be borne by the customer. These include, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, currency exchange fees).
4. Type and scope of services, limitation of services, exclusion from provision of services
4.1 The nature and scope of services is taken exclusively from the applicable description of services at the time of purchase of the BWC all inclusive. Insofar as the BWC all inclusive grants discounts on services subject to a charge, only this discount may be claimed with the card in each case. Further discounts, irrespective of type, in particular those associated with other cards, may not be claimed at the same time or together.
4.2 The BWC all inclusive entitles the user only to one-time performance of the service by the respective service provider. If a certain value of the service is not used up or the service is not fully used, the unused difference will be forfeited. A reimbursement is excluded.
4.3 The service providers are obliged to perform services only in accordance with the general terms and conditions of their business activities, in particular taking into account advertised service times, opening hours and general performance requirements (e.g. weather conditions).
4.4 Insofar as the services of the BWC all inclusive are also described outside of the applicable description of services in other advertising materials (accommodation directories, prospectuses, catalogues, Internet sites), only the specifications in the applicable description of services shall apply for the entitlement to services. This applies in particular if the description in the service specifications for the BWC all inclusive deviates from such other descriptions of services.
4.5 Service providers may exclude customers from use, either wholly or in part and temporarily or permanently, if the customer does not fulfil specific personal requirements (e.g. health-related requirements or requirements regarding clothing or equipment), where use can be expected to result in the endangerment of the customer, of third parties or of the facilities of the service provider. The same applies if the customer violates statutory regulations, safety regulations, regulations of use or the instructions of supervisory persons, or otherwise behaves contrary to the terms of the contract to the extent that exclusion is objectively justified.
4.6 No claims by the customer exist in the event of justifiable restriction or a justifiable exclusion from the services.
5. Use of the BWC all inclusive, obligations of the ticket holder
5.1 In order to claim services, the customer is required to present the original ticket and submit it to electronic inspection or visual inspection by the service provider before claiming services.
5.2 The customer must present a valid photo ID to the service provider upon request. In the case of age-relevant services or advantages to the customer or his eligible dependents, the service provider may require proof of age.
5.3 The BWC all inclusive includes no insurance services. The customer is responsible for checking and ensuring his own insurance coverage, in particular for accidents in connection with the use of the services provided by the card.
5.4 The customer is not entitled to reproduce, duplicate or alter the BWC all inclusive. It is to be kept so that unauthorised third parties do not have access to it. No refund will be made in the case of loss or damage to the BWC. The customer will bear the cost of any damages associated with unauthorised reproduction or duplication by third parties.
6. Exclusion of right of withdrawal/cancellation
6.1 The statutory right of withdrawal for consumer contracts concluded by means of e-commerce is excluded: for the purchase of transportation tickets or contracts for the carriage of persons (Section 312 paragraph 2 (5) BGB) and for contracts for the provision of services in the areas of accommodation for purposes other than residential purposes, the transportation of goods, motor vehicle rental, the delivery of food and beverages, and the provision of other services related to leisure activities, if the contract for the provision provides for a specific date or period (Section 312 g paragraph 2 (9) BGB).
6.2 This means that the statutory right of withdrawal does not exist for the purchase of the BWC all inclusive.
6.3 Contrary to the legal provisions, the customer has the possibility to cancel the BWC all inclusive up to 1 day before the specified date of validity. In this case, however, a processing fee of €30.00 will be charged per ticket. To cancel, an email to reservierung@visitBerlin.de quoting the transaction number is sufficient. Tickets purchased at a Berlin Tourist Info office may also be cancelled up to 1 day before the specified date of validity but only upon presentation of the receipt of purchase from the Berlin Tourist Info office.
7. Reservation of changes with regard to the services and these GTCs
The issuer is entitled to modify the services according to the specifications in the description of services by unilateral declaration or public announcement for objective reasons. The same applies to the amendment of these GTCs by the issuer.
8. Liability and limitation of liability
The issuer is not liable vis-à-vis the customer for non-performance or unsatisfactory performance nor for other breaches of obligations, and hence is also not liable for damages suffered by the customer on the occasion of provision of services. Any resulting claims are to be asserted exclusively against the service provider. The liability of the issuer is limited to intent and gross negligence within the scope of its intermediary activities.
9. Limitation of claims
Contractual claims of the customer against the service provider arising from the injury to life, body or health, including contractual claims for damages based on a deliberate or negligent breach of duty by the service provider or its legal representatives or vicarious agents, shall expire in three years. All other contractual claims expire in one year.
10. Information on online dispute resolution and on the use of a consumer arbitration board
10.1 The European Commission has created an Internet platform for the online settlement of disputes (the so-called "OS platform"). The OS platform serves as a contact point for the out-of-court settlement of disputes concerning contractual obligations arising from online purchase contracts. The customer can access the OS platform under the following link: http://ec.europa.eu/consumers/odr/.
10.2 Berlin Tourismus & Kongress GmbH does not participate in voluntary dispute resolution proceedings before a consumer arbitration board. Nevertheless, we are obliged to give you the contact details of the competent authority: Allgemeine Verbraucherschlichtungsstelle des Zentrums für Schlichtung e.V., Strassburger Str. 8, 77694 Kehl, Telephone: +49 7851 7957 940, Fax: +49 7851 7957 941 Internet: www.verbraucher-schlichter.de; Email: firstname.lastname@example.org.
11. Choice of law and jurisdiction
German law shall apply exclusively to the contractual relationship between the authorised ticket user and visitBerlin. Court of jurisdiction is Berlin. For consumers, this choice of law applies only insofar as the protection that is provided by compulsory regulations under the law of the state in which the consumer has his habitual abode is not taken away. CISG is excluded.
Any English translation is based on the German original. The translated version of the German general terms and conditions is a courtesy translation and serves only for informational and internal purposes. In the case of disputes, contradictions or discrepancies between the German version and the version in a different language, the German version applies within the framework of the statutory provisions and is binding.
Should individual provisions of these GTCs be void or become so, the other provisions remain effective.
Version: May 2018