General Terms and Conditions of Business of SkyBlueBerlin

I. General

In addition to the statutory provisions, the following terms and conditions shall govern the contractual relationship between you and SkyBlueBerlin,

HimmelBlauBerlin

Kerstin-Viktoria Flöge

Neue Schönholzer Strasse 16

13187 Berlin

Tel +49 30 46798603

Mob +49 172 5168033

Fax +49 30 46799879

contact@sky-blue-berlin.com

www.sky-blue-berlin.com.

II. Booking, Conclusion of Contract, Notification – Right of Revocation

1. After your enquiry, which may be submitted verbally, in writing, by phone or electronically, we shall immediately provide you with an individual offer.

2. With your subsequent booking, you make a binding offer to SkyBlueBerlin to conclude a contract and acknowledge the General Terms and Conditions of Business.

3. The contract shall be deemed as concluded with the confirmation (in writing, by fax or by email) by SkyBlueBerlin and you will directly receive a confirmation of booking.

Notification: Exclusion of right of revocation

Please note when concluding the contract with SkyBlueBerlin that it is not a case of an organised sales or service provision system for distance selling, so you therefore have no right of revocation.

III. Service Description and Service Modifications

1. The scope of the contractual services can be seen from the detailed description in the offer as well as from the specification of any supplementary arrangements agreed upon.

2. As far as possible, all agreed services will be specified in a written confirmation of booking.

3. The omission of individual service components shall not justify the retention of the contractual sum or any partial deduction insofar as it is a case of reasons for which SkyBlueBerlin is not responsible. Should SkyBlueBerlin be to blame for the omission of individual service components, we shall have the right to replace these service components by other equivalent performances. SkyBlueBerlin shall be obliged to notify you – as commissioning party – of this.

4. SkyBlueBerlin reserves the right to modify individual programme elements or to replace them with equivalents in the case of acts of God. We shall assume no liability for impairments of performance resulting from them. Examples of acts of God are: severe weather, flooding, fire, road accidents, riots, terrorism, strikes, etc

5. Should it be raining, the tour with SkyBlueBerlin will be carried out with the roof closed.

IV. External Services

Should, in addition to those services contractually agreed, external services such as tours and visits, gastronomic services, public transportation, admission tickets or other services be arranged, SkyBlueBerlin shall not be liable – with a corresponding marking of such services in the confirmation of booking – for the services provided, pricing or any personal injury or damage to property that may be incurred. We would therefore ask you to pay due attention to the general terms and conditions of business of these third-party providers.

V. Prices and Due Date for Payments

1. The respective prices can be seen from the currently published price list and are quoted inclusive of the statutory level of value added tax, fuel and pick-up journey within the urban area of Berlin.

2. Payment shall be effected before the tour commences (in cash or by remittance).

VI. Termination

1. SkyBlueBerlin may withdraw from the contract in the event of unforeseeable circumstances such as, for example:

– Accident,
– Illness
– Acts of God
– Closed roads e.g. in the case of public events.

2. Should it not be possible to provide an equivalent service, we shall of course reimburse the entire price. A level of compensation going beyond this amount shall be excluded.

3. Additionally, SkyBlueBerlin may directly terminate the contract at any time when in the case of long-term bookings, the agreed price has not been paid before commencement of the tour or when an immediate cancellation of the contract is justified as a consequence of inappropriate conduct on your part (drunkenness, hazardous behaviour). The entitlement to the total price for the service shall remain unaffected in these cases.

VII. Cancellation

1. Cancellations shall be possible at any time informally, but submitted in writing (by email, post or fax).

2. The date of receipt by SkyBlueBerlin of such a notification of cancellation sent by fax, post or email shall be decisive for the amount of the payment that results from the cancellation.

SkyBlueBerlin shall charge the following amounts in the event of a cancellation:

– Up to 48 hours before commencement of tour: cancellation is free of charge
– Up to 24 hours before commencement of tour: 80% of the total price
– On day of tour or for “no show”: 100% of the total price

VIII. Changing the Booking

1. Declarations regarding other bookings are informally possible at any time, but should be submitted in writing in your own interests, please. The date of receipt by SkyBlueBerlin of such declarations shall be decisive for the amount of the payments that result from the additional bookings.

2. By changing the date, the participants or other services, the same costs are fundamentally incurred as with a cancellation of the contract from your side. With the exception of some minor modifications that can be made at no additional cost, the payments to be rendered in this respect correspond to the respective cancellation costs detailed under VII. of these General Terms and Conditions of Business.

3. Booked external services to be provided by third parties can neither be rebooked nor cancelled with SkyBlueBerlin. Therefore, in the case of a change of booking, 100% of the respective price will be charged by SkyBlueBerlin.

IX. Liability and Impossibility

1. SkyBlueBerlin excludes any kind of liability for negligence or gross negligence on its part or on the part of its attributable vicarious agents. Liability for damage to life, body or health shall be an exception to this. This shall also apply for claims for compensation on the part of the contractual partner due to delays by SkyBlueBerlin or impossibility for which it is responsible.

2. Other liability for contract-typical or foreseeable damage shall in any case be limited to an amount that is three times the total price for the service.

X. Insurance

1. The vehicles are insured by SkyBlueBerlin with fully-comprehensive coverage and properly licensed in accordance with the public law requirements.

2. The personal belongings of the contractual partner and her/his guest are not insured.

XI. Obligation to Cooperate

You, as a commissioning party, or your guest shall be obliged to cooperate, within the scope of the statutory requirements, to prevent or minimise any possible damage whenever disruptions to the service occur.

XII. Miscellaneous

1. You have to ensure, please, that all the preconditions necessary for implementing the booked tour are satisfied. In this respect, please remember that the tours take place in convertibles, so please make sure you have sun protection and perhaps even headgear.

2. The taking of pets and disproportionate amounts of baggage (more than one piece of hand luggage per person) is only possible in some exceptional cases and shall require a separate agreement.

XIII. Data Protection

Pursuant to the German Data Protection Act, any person-related data that you provide us with is protected against abusive use. There shall be no passing on of such data to third parties.

XIV. Legislation and Venue

The law of the Federal Republic of Germany shall apply to all business relationships entered into by SkyBlueBerlin. The venue shall exclusively be Berlin.

XV. Severability Clause

The ineffectiveness of any individual provision in these General Terms and Conditions of Business shall not result in the ineffectiveness of the entire contract.

As of January 2017