Terms and Conditions of Beyond and Beneath Tours GbR

§ 1 Scope

The following Terms and Conditions (“Terms”) apply to all contractual relationships entered into between

Beyond and Beneath Tours GbR
Wönnichstraße 20B
10317 Berlin
Office phone: +49 1575 1017777
E-mail: hello@bbtours.berlin

Represented by its authorised partners:
Martina Baltkalne and Ieva Kunga

(hereinafter referred to as “BB Tours GbR”)

and its contractual partners in connection with the provision of guided tours and the purchase of other services via the website https://bbtours.berlin.

These Terms apply both to individuals participating in the guided tours offered — in particular public tours, special tours and group tours — and to legal entities and other legal bodies acting as contractual partners.

For ease of reading, the masculine form may be used in these Terms; it is intended to be gender-neutral.

These Terms apply irrespective of whether the contractual partner is legally classified as a consumer, entrepreneur or merchant.

Any terms and conditions deviating from these Terms shall not become part of the contract unless BB Tours GbR has expressly agreed to their application in writing.

§ 2 Conclusion of the Contract

(1) Individual bookings

The contract for participation in a guided tour by individuals is concluded through the purchase of a ticket, which is processed via the booking system of the external service provider FareHarbor integrated into the website https://bbtours.berlin.

If the purchase is made via third-party providers, such as GetYourGuide, Visit Berlin or Viator, their Terms and Conditions shall apply in addition, provided they are made available to the customer before completion of the booking process.

Tickets are valid only for the specific guided tour, date and time stated on the ticket.

(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 is submitted by completing and sending the form provided on the website https://bbtours.berlin/de/gruppentouren/. Alternatively, the request may be made by telephone, in writing, by e-mail or in person.

After receipt of the request, BB Tours GbR will first send a confirmation of receipt, which does not yet constitute a contractual offer. A binding offer will then be submitted in text form.

A contract for the provision of the group tour is concluded as soon as the offer is accepted within the period stated in the offer by a person authorised to represent the customer, in text form, in particular by e-mail, and this acceptance is received by BB Tours GbR.

If the contract is to be concluded on behalf of a legal entity or partnership, the authority of the acting person to represent that entity must be proven.

The date of the event stated in the offer shall be decisive.

(3) Accuracy of information

All information provided in connection with the booking, in particular personal details, billing address and group composition, must be complete and truthful. Any changes must be communicated to BB Tours GbR without delay.

(4) Contract language

Contracts are concluded exclusively in German or English.

(5) No statutory right of withdrawal

For contracts relating to guided tours booked for a specific date or period, there is no statutory right of withdrawal pursuant to Section 312g paragraph 2 no. 9 of the German Civil Code. The cancellation and rebooking options provided for in Sections 6a and 7 remain unaffected and constitute voluntarily granted contractual rights.

§ 3 Payment Terms

(1) Individual bookings

Payment is made using the payment methods offered by the respective external service provider. Payment processing is governed by the terms and conditions of the relevant payment provider.

(2) Group tours

The fee is payable in advance and by invoice within 14 calendar days of receipt of the invoice, but in any case no later than before the start of the tour.

Payment shall be made by bank transfer. Payment by direct debit, debit/credit card or cash is possible only in justified exceptional cases.

§ 4 Participation Requirements and Rules of Conduct

(1) The specific requirements and any restrictions of a guided tour are set out in the respective tour description. As the tours partly take place in public spaces, on uneven paths or at locations with limited accessibility, unrestricted accessibility cannot be guaranteed for every tour. Participants with special mobility or support needs are asked to contact BB Tours GbR before booking.

(2) Bringing animals is generally permitted, unless the relevant tour description or the location visited provides otherwise and provided that other participants are not disturbed or endangered. The animal must be kept under control. In the event of significant or repeated disturbances, the tour guide may ask the participant to leave the tour with the animal. Statutory rights relating to assistance dogs remain unaffected.

(3) Smoking, including the use of electronic cigarettes, and the consumption of alcoholic beverages are not permitted within the participant group during the tour.

(4) Minors may generally participate only if accompanied by an adult supervisor. Deviating arrangements, in particular for school classes or organised youth groups, may be agreed with BB Tours GbR. The suitability of a tour for children and young people is set out in the respective tour description.

(5) Participants must follow reasonable instructions given by the tour guide insofar as these serve the safe and proper conduct of the tour, the protection of participants or consideration for third parties.

(6) Photographs and videos for private purposes are permitted, provided that they do not disrupt the tour and that the rights of other persons are respected. Audio or video recordings of the tour guide’s explanations, as well as the publication or commercial use of recordings, require the prior consent of the persons concerned and, where applicable, of BB Tours GbR.

§ 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.

In the event of exclusion, there is no entitlement to a refund.

§ 6 Cancellation or Termination by BB Tours GbR

(1) BB Tours GbR is entitled to cancel or terminate a guided tour if its performance is impossible or unreasonable due to force majeure or other circumstances for which BB Tours GbR is not responsible. This includes, in particular, extreme weather conditions, official orders, strikes, significant safety risks and comparable events.

(2) If the guided tour is cancelled before it begins, any payments already made will be refunded. At the customer’s request, a rebooking or the issue of a voucher may be agreed instead.

(3) If a guided tour that has already begun must be terminated for the reasons stated in paragraph 1, a refund claim shall exist only in relation to a substantial part of the agreed service that has not yet been provided. In calculating any refund, the part of the tour already carried out as well as any concept development, preparation and material services already provided shall be taken into account. If only an insignificant part of the tour has not taken place, no refund will be made.

(4) Further claims for damages arising from a cancellation or termination are excluded, provided that BB Tours GbR is not responsible for the underlying event. The liability provisions in Section 10 remain unaffected.

§ 6a Cancellation by Customers — Individual Bookings

Cancellation or rebooking is possible no later than 48 hours before the start of the booked tour. The following options are available:

• rebooking;
• voucher for the booking value;
• refund of the amount paid.

The change or cancellation must be made via the link contained in the booking confirmation.

In the event of a later cancellation or no-show, there is no entitlement to a refund.

§ 7 Cancellation by Customers — Group Tours

(1) Cancellation of a group tour must be declared in text form, in particular by e-mail. The time at which the cancellation is received by BB Tours GbR is decisive for calculating the cancellation period.

(2) In the event of cancellation, the following costs shall be charged:

1. a) up to and including seven calendar days before the start of the tour: free of charge;
2. b) less than seven calendar days, but at least 48 hours before the start of the tour: 50% of the agreed price;
3. c) less than 48 hours before the start of the tour or in the event of no-show by the group: 100% of the agreed price.

(3) The cancellation costs take into account, in particular, concept development, research and preparation services already performed, material costs incurred, the remuneration of reserved tour guides and the limited possibility of allocating the vacated time slot elsewhere.

(4) The customer expressly remains entitled to prove that BB Tours GbR has suffered no loss or a substantially lower loss. Saved expenses and income from allocating the time slot elsewhere shall be credited against the cancellation costs.

(5) Rebooking or the issue of a voucher may be agreed in individual cases in text form. There is no entitlement to this. Statutory rights of withdrawal and termination of the customer remain unaffected.

§ 8 Number of Participants for Group Tours

For group tours, a flat-rate price is charged for up to the maximum number of 25 participants stated in the offer. If this number of participants is exceeded, BB Tours GbR must be notified at least 48 hours before the start of the tour.

BB Tours GbR reserves the right to submit an adjusted offer. There is no entitlement to an extension of the group size.

§ 9 Late Arrival

(1) Participants in public guided tours are asked to arrive at the agreed meeting point at least ten minutes before the start of the tour. Public guided tours begin punctually. In the event of late arrival, participation cannot be guaranteed; there is no entitlement to a refund or replacement tour.

(2) For private group tours, the tour guide will generally wait at the meeting point for up to 15 minutes after the agreed start time. If BB Tours GbR is informed by telephone before the start of the tour that the group is delayed, the waiting time may, where possible, be extended to up to 30 minutes.

(3) The duration of a private group tour shall be reduced by the delay caused by the customer. The originally agreed end time shall generally remain unchanged. An extension is possible only with the consent of the tour guide, depending on their availability, and may be subject to additional remuneration.

(4) If the group does not arrive within the applicable waiting period, this shall be deemed a no-show. In this case, the cancellation conditions pursuant to Section 7 shall apply.

(5) Delays must be reported without delay by telephone at +49 1575 1017777.

§ 10 Limitation of Liability

(1) BB Tours GbR shall be liable without limitation for damage caused by an intentional or grossly negligent breach of duty by BB Tours GbR, its legal representatives or persons engaged by BB Tours GbR to perform its contractual obligations. BB Tours GbR shall also be liable without limitation for damage arising from injury to life, body or health.

(2) In the event of a slightly negligent breach of a material contractual obligation, BB Tours GbR shall be liable only for the damage typical for the contract and foreseeable at the time the contract was concluded. Material contractual obligations are obligations whose fulfilment is essential for the proper performance of the contract and on whose compliance the contractual partner may regularly rely.

(3) Otherwise, liability of BB Tours GbR for slight negligence is excluded.

(4) The above limitations of liability shall also apply in favour of the legal representatives and persons engaged by BB Tours GbR to perform its contractual obligations. Mandatory statutory liability provisions remain unaffected.

(5) Participants shall be liable in accordance with statutory provisions for damage they culpably cause.

§ 11 Copyright and Usage Rights

(1) The content and materials created by BB Tours GbR, in particular texts, developed tour concepts, tour scripts, maps, graphics, photographs, films and other documents, are protected by copyright within the scope of statutory provisions. The corresponding rights belong to BB Tours GbR or to the respectively identified rights holders.

(2) No copyrights or usage rights are transferred to the customer by booking or participating in a guided tour. Materials provided by BB Tours GbR may be used exclusively for personal, non-commercial purposes in connection with the booked tour.

(3) Any further reproduction, editing, distribution, publication, making available to the public or commercial use of protected content and materials is permitted only with the prior consent of BB Tours GbR or the respective rights holder in text form. Statutory permitted uses remain unaffected.

(4) Third-party content remains the property or legally protected material of the respective rights holders. The identification of third-party content does not mean that BB Tours GbR holds exclusive rights to it.

(5) The rights to photographs or videos taken by participants themselves during a guided tour remain with the respective participants. When using and publishing such material, the personal rights and privacy rights of persons depicted and the provisions of Section 4 paragraph 6 must be observed.

§ 12 Data Protection

Personal data is processed in compliance with the applicable data protection provisions. Data is disclosed only in cases permitted by law.

Further details can be found in the privacy policy published on the website.

§ 13 Severability Clause

Should individual provisions of these Terms be wholly or partially invalid, the validity of the remaining provisions shall remain unaffected. The statutory provision shall apply in place of the invalid clause.

§ 14 Applicable Law, Place of Jurisdiction and Consumer Dispute Resolution

(1) The law of the Federal Republic of Germany shall apply. Mandatory statutory provisions that apply irrespective of the chosen law shall remain unaffected.

(2) The place of jurisdiction for all disputes arising out of or in connection with the contractual relationship shall be Berlin, provided that the customer is a merchant, a legal entity under public law or a special fund under public law. In all other cases, the statutory rules on jurisdiction shall apply.

(3) BB Tours GbR is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.

Version: 1 July 2026