Berlin 4D is not a Tour Operator (§§ 651a ff BGB), nor does Berlin 4D provide travel services, but rather is exclusively an agent providing arrangements between travelers and service providers, particularly tour operators, airline companies, travel insurers, transport companies, accommodations providers and city tour operators. Berlin 4D arranges and sells its services on behalf of and for account of a third party. When travel is booked, any contract affecting the journey or service shall be exclusively between the traveler and the Tour Operator or Service Provider. The General Terms and Conditions for boarding and travel contracts of the appropriate Service Provider, i.e. the Tour operator, shall be in effect. The General Terms and Conditions will normally be posted in advance of the booking and must be acknowledged by the traveler. Should the Service Provider (Tour Operator) fail to provide the General Terms and Conditions, they can be made available upon request.
Contents of Contract
The contract between the traveler and Berlin 4D to arrange outside services such as hotel stays, city tours, guides, shuttle service or rental cars is valid upon your written confirmation of our offer. As a rule, our offers are free and non-binding. In the case of excess effort required in planning and organizing, we reserve the right to propose and agree upon a flat service fee prior to drawing up the contract. This fee can be settled upon the acceptance of the offered service, and proportionally in the case of partial acceptance. With the transmission of the confirmation of our offer you agree to be bound to the booking assignment. Upon your acceptance of the offer, which can be in written form, online, or by e-mail, the booking of the travel service is binding. Providing the booked service as such is not a part of our duty, but rather is the responsibility of the appropriate Service Provider.
Berlin 4D is responsible for the orderly arrangement of the booked service and for the timely imparting of information from the Service Provider (Tour Operator) to the traveler. Berlin 4D is not responsible for providing the service. Information about the arranged transportation or our tourist services does not represent a guarantee from Berlin 4D to the traveler, but rather is based on the statements of the Service Provider (Tour Operator). The traveler takes responsibility along with other travelers for the fulfillment of any obligations of the booked travelers.
Changes and cancellations
Before travel begins you can cancel the Berlin 4D agency contract at any time and with it the Tour Operator contract. Cancellations and other changes can be made only through Berlin 4D. Cancellation fees for the Tour Operator contract can amount to up to 100% of the price of travel and must comply exclusively with the travel contract or the General Terms and Conditions of the appropriate Service Provider (Tour Operator). The receipt of the cancellation by the Service Provider (Tour Operator) shall serve as the effective date/time of the cancellation. The cancellation can be made by e-mail, in writing or by fax. We recommend that any cancellation be made by recorded delivery or certified letter (Berlin 4D, Salzburger Str. 7, D-10825 Berlin). The change of a booked service can only be executed as a cancellation of the contract followed by the completion of a new contract unless the Service Provider (Tour Operator) is able to offer the traveller a more suitable arrangement. Berlin 4D reserves the right to charge the client for any costs incurred by changes or cancellations made by the client in addition to a cancellation fee of up to €25,00 per person. The client is at liberty to prove that damages were significantly lower or non-existent.
With all travel arranged by Berlin 4D, payment must be made before travel begins, at the latest upon receipt of travel documents. Without prior payment, or payment upon pickup of the documents, no travel documents can be delivered. Whether and in what amount the first installment is due will be specified upon confirmation of the booking.
Limitations of Liability
Berlin 4D as travel agent is responsible to the client for any missing or false information due to improper fulfillment of the agency contract. This means damages to the client arising from violation on the part of Berlin 4D of the duties of providing the agency contract, either intentionally or through gross negligence. According to the contract, the liability is limited to the cost of the journey or arranged service.
Assignment of any rights and duties out of the contract relationship and in connection with the contract to a third party is permitted only upon written agreement from Berlin 4D and insofar as the Service Provider (Tour Operator) agrees. The same holds for the legal enforcement of these rights by a third party in his own name.
The booking assignment will be carried out under consideration of the prevailing data protection laws and regulations. The received, processed and saved data will be used exclusively for our own purposes and for purposes of drawing up the contract. No data will be given to an outside third party, as long as there is no duty to do so as legally or officially ordered.
Visas, Passports, Customs and Immigration
Each client is responsible for his/her own valid documentation for travel into and out of a country, health requirements, passport and visa. For all other considerations, Berlin 4D refers to the travel conditions of the specific travel organizer. As part of its service, Berlin 4D will make the effort to inform the client abut the general instructions of each travel announcement. Berlin 4D makes no guarantee as to the information it imparts.
Exploitation of the Booking
In case of abuse or misuse, it is incumbent upon the traveler to prove that the abuse did not occur through his/her own fault.
The invalidity of an individual condition of the contract for travel does not affect the rest of the contract. The invalidity of the travel contract does not affect the travel arrangement contract
Location and Court of Jurisdiction
For any disagreements arising from or in connection with the arranged travel contract, German law is applied exclusively. The place of fulfillment of the contract is the headquarters of Berlin 4D, Berlin. In doing business with sales representatives, public or private legal entities, any complaints shall be handled by the court of jurisdiction of the headquarters of Berlin 4D.
Berlin 4D - Tourist Agency
Salzburger Straße 7
Tel. +49 30 7800 6669
Fax +49 30 7870 8703
Fotos: © Norbert Meise