General Terms and Conditions of
Beyond and Beneath Tours GbR
1 Scope of Application
The following General Terms and Conditions (hereinafter referred to as “GTC”) shall apply to all contractual relationships established between Beyond and Beneath Tours GbR (hereinafter “BB Tours GbR”) and its contractual partners in connection with the performance of guided tours and the acquisition of other services via the website https://bbtours.berlin.
These GTC apply to both natural persons participating in the offered tours (including but not limited to public tours, special tours, and group tours), as well as legal entities and other legal subjects acting as contractual partners.
For reasons of linguistic simplification, the masculine form is used throughout these GTC; it shall be understood to be gender-neutral.
These GTC shall apply irrespective of whether the contractual partner is classified as a consumer, entrepreneur, or merchant.
Any deviating terms and conditions shall not become part of the contract unless their applicability has been expressly confirmed in writing by BB Tours GbR.
2 Formation of the Contract
(1) Individual Bookings
A contract for participation in a tour by individual persons shall be concluded through the purchase of a ticket, which must be processed via the booking system of the external service provider FareHarbor, embedded on the website https://bbtours.berlin.
If tickets are purchased via third-party providers (e.g., GetYourGuide, Visit Berlin, Viator), their general terms and conditions shall additionally apply and shall be made available to the customer before the conclusion of the booking process.
The validity of the tickets shall be limited to the specific tour designated on the ticket for the stated date and time.
(2) Group Tours
The presentation of group tours on the BB Tours GbR website does not constitute a legally binding offer.
A request to book a group tour must be submitted by completing and sending the online form provided on the website https://bbtours.berlin/group-tours/. Alternatively, requests may be submitted via telephone, in writing, by email, or in person.
Upon receipt of the request, an acknowledgement of receipt shall first be issued, which does not yet constitute a binding offer. A binding offer shall then be submitted in text form.
A contract for the performance of the group tour shall be deemed concluded once the offer has been accepted in writing by an authorized representative within the period specified in the offer and has been received by BB Tours GbR.
If the contract is to be concluded on behalf of a legal entity or partnership, the signing person’s authority to represent must be demonstrated. The date specified in the offer shall be binding.
(3) Accuracy of Information
All information provided in the course of the booking, particularly regarding personal details, billing address, and group composition, must be complete and truthful. Changes must be communicated to BB Tours GbR without undue delay.
(4) Contract Language
Contracts are concluded exclusively in German or English.
3 Payment Terms
(1) Individual Bookings
Payment shall be made using the payment methods offered by the respective external provider. The payment process shall be governed by the terms of the respective provider.
(2) Group Tours
Payment shall be made in advance and by invoice within 14 calendar days from receipt of the invoice. Payment must be made via bank transfer. Payment by direct debit, EC/credit card, or in cash shall only be permitted in exceptional cases.
4 Participation Requirements and Code of Conduct
The tours offered are generally barrier-free. It is the participant’s responsibility to review the respective tour description for potential restrictions in advance.
The accompaniment of animals is generally permitted provided the tour is not disturbed as a result. If disturbances occur, the guide may deny continuation of the tour.
Smoking and the consumption of alcoholic beverages are prohibited. Photography and video recordings during the tours are permitted.
Participants under the age of 18 may only participate if accompanied by a legal guardian. Participation is not recommended for individuals under the age of 14.
Instructions issued by the guide must be followed without exception.
5 Exclusion of Participants
Participants who are visibly under the influence of intoxicating substances, who significantly disrupt the course of the tour, or who endanger the safety of others may be excluded from further participation by the tour guide.
No refund shall be granted in the event of exclusion.
6 Withdrawal by BB Tours GbR
BB Tours GbR shall be entitled to withdraw from the contract if the performance of the tour becomes impossible or unreasonable due to force majeure (e.g., severe weather, strikes, official orders).
Any payments already made shall be refunded or converted into a rebooking at the participant’s request.
In the event of a tour being aborted due to such circumstances, no refund shall be issued.
6a Cancellation by Customers (Individual Bookings)
Cancellation or rebooking is permitted up to 48 hours before the start of the booked tour. The following options are available:
- Rebooking,
- Voucher in the amount of the booking,
- Full refund.
Changes/cancellations must be made via the link contained in the booking confirmation.
In case of late cancellation or no-show, the right to a refund lapses.
7 Cancellation by Customers (Group Tours)
Free cancellation is possible up to 7 days before the scheduled group tour.
If cancellation occurs from the 6th day up to 48 hours prior to the tour, 50% of the agreed price shall be charged.
If cancellation occurs less than 48 hours before the tour or if the group does not show up, the full agreed price shall be due.
Rebooking or vouchers may be offered in accordance with the information available on the website.
8 Number of Participants for Group Tours
Group tours are charged at a flat rate for up to the maximum number of 25 participants indicated in the offer. If this number is exceeded, this must be communicated at least 48 hours prior to the tour.
BB Tours GbR reserves the right to submit an adjusted offer. There is no entitlement to an extension.
9 Late Arrival
Participants are required to arrive on time (at least 10 minutes before the scheduled start time). In case of delay, participation cannot be guaranteed.
For group tours, the tour may be shortened by the amount of time delayed. If the delay exceeds 15 minutes, the entitlement to the service lapses without substitution.
Delays must be reported immediately by phone at +49 1575 1017777.
10 Limitation of Liability
No liability shall be assumed for damages caused by participants unless such damages are due to intentional or grossly negligent behavior on the part of BB Tours GbR or its agents.
Parents are liable for their children.
11 Copyright
BB Tours GbR holds the exclusive rights of use for all images, texts, and videos published on the website, in promotional materials, or in other media.
Use without express written permission is prohibited.
12 Data Protection
Personal data shall be processed in accordance with applicable data protection laws. Disclosure to third parties shall occur only in legally permitted cases.
Further details can be found in the privacy policy published on the website.
13 Severability Clause
Should any provision of these GTC be or become wholly or partially invalid, the validity of the remaining provisions shall remain unaffected. The statutory provision shall replace the invalid clause.
14 Applicable Law / Jurisdiction / Online Dispute Resolution
The law of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
If the customer is a merchant, the exclusive place of jurisdiction shall be Berlin. In all other cases, the statutory provisions shall apply.
The EU platform for out-of-court online dispute resolution is available at: https://ec.europa.eu/consumers/odr. BB Tours GbR is neither obliged nor willing to participate in such proceedings.
(01.06.2025)