TERMS OF USE RUNSEEING BERLIN

        § 1 – GENERAL INFORMATION

  1. Sophie Mazur, Richard-Sorge-Str. 58, 10249 Berlin is the operator of the RUNSEEING BERLIN website and party to all contracts with Users (cp. cipher 1.2) concluded via this website. These Terms of Use ("Terms of Use") shall apply when making use of the services that are made available on this website.

  2. RUNSEEING BERLIN offers amateur runners guided runs along routes in Berlin enabling visitors to discover the city and various sights (thereafter referred to as “Service”). A local runner will guide the run along running tracks that were chosen by RUNSEEING BERLIN. Each tour is about 11km and lasts between 90 and 100min and is offered for individuals, couples and groups up to a maximum of 10 people. The tour price will depend on the tour chosen and the number of runners for the tour. Please see the prices for each tour on the individual page.

  3. By accessing or using the RUNSEEING BERLIN website and/or registering with RUNSEEING BERLIN the User agrees to comply with and be bound by these Terms of Use. Furthermore, User confirms that he/she is 18 years of age or older.

     

    § 2 – ELIGIBILITY TO BOOK/RESERVE AND CONCLUSION OF CONTRACT

  1. The presentation of Services on the RUNSEEING BERLIN website serves the purpose of submitting an offer to book/reserve.

  2. Users can reserve one of the tours in the Booking Section on www.runseeingberlin.com. In this section, Users can select their time and their chosen tour. Booking requests must be within 72 hours in advance of the date chosen in order to be valid. Alternatively they can call RUNSEEING BERLIN to book their tour.

  3. When clicking the button [book now] the User submits a binding offer to book the specified guided running tour subject to the displayed costs.

  4. RUNSEEING BERLIN may accept User’s order by sending a separate order confirmation by email or via telephone (in case User’s offer is communicated via telephone). The receipt of User’s order is confirmed with an automated email, which may include the acceptance of User’s offer.

  5. In the event RUNSEEING BERLIN’s order confirmation contains clerical errors or misprints or there are technical transmission errors in determining the price RUNSEEING BERLIN is entitled to appeal. Payments already made will promptly be reimbursed

  6. Booking is restricted to actionable person over 18 years old with full legal authority to complete the booking on behalf of all parties covered by a booking on www.runseeingberlin.com. In registering third parties, a company or a legal body, the person conducting the booking must have proper authorization to act as an agent on behalf of such parties, company or legal body, respectively. By preceding the tour booking, the terms and conditions shall apply equally to the person who has undertaken the booking and to the third parties for whom he or she is acting as an agent.

  7. The booking for a single person or a couple is not transferable to other persons.

  8. The person who is conducting the booking for a group cannot transfer the booking to another person in the group. When booking for a group, please contact SEEING BERLIN directly via the “contact us” section on the www.runseeingberlin.com website and indicate the full name of the participants. If participants in the group are changing, please indicate the change 48 hours before the tour. The group size should not exceed 10 people.

  9. You need to book with your official name. Bookings under a pseudonym are not allowed. RUNSEEING BERLIN may delete accounts and booking under wrong names, pseudonyms etc.

    § 3 – PRICING

  1. The RUNSEEING BERLIN fees for the different service modules can be found under „About Runseeing“ and in the “Book Online” section.

  2. Prices specified in the product pages include statutory sales tax and other price components.

     

    § 4 – PAYMENT

  1. Payments may be made, at User’s discretion, by bank transfer to the following account Sophie Mazur, IBAN DE40 3704 0044 0123 8955 00; BIC COBADEFFXXX or PayPal. The means of payment [A1] are specified on the RUNSEEING BERLIN website.

  2. When paying by credit card User’s account will be charged when your purchase/booking is completed.

     

    § 5 - PERSONAL INJURY DISCLAIMER

  1. Every participant in the RUNSEEING BERLIN tour is responsible for its own physical condition and needs to make sure by medical examination beforehand that a run of 90 to 100 minutes or 11km is uncritical and has no health effects or risks. To take part in the RUNSEEING BERLIN tours, it is a requirement that each participant is in good health and in proper physical condition. This applies to the single, couple as well as group bookings. In a group booking, each individual participant must fulfil these conditions.

  2. The RUNSEEING BERLIN tracks will carry public and private transportation (vehicular traffic) and each participant of the tour has to obey all traffic laws and regulations.

  3. The participation in the RUNSEEING BERLIN tours is at the own risk for each participant. RUNSEEING BERLIN will also not be held responsible or liable for any injury, accident or incident and costs and damages that may incur as a result of the participation in the RUNSEEING BERLIN activity.

 

       § 6 – LIMITATION OF LIABILITY

  1. Users/Participants are solely responsible for their physical condition and are advised to get a prior check up from a physician. RUNSEEING BERLIN cannot be held responsible or liable for any health problems, lacking physical condition of the participants.

  2. In the case of ordinary negligence, RUNSEEING BERLIN is only liable if it fails to fulfil a duty whose fulfilment is essential for the proper performance of the contract and on whose fulfilment the User may rely (so-called cardinal duty). In all other cases, RUNSEEING BERLIN is not liable for damages of any kind, regardless of the subject matter of the claim and including the liability for fault at the conclusion of the contract. The forgoing limitation does not affect RUNSEEING BERLIN’s liability for gross negligence and intent.

  3. If RUNSEEING BERLIN is liable for ordinary negligence according to point 10.1, the liability of RUNSEEING BERLIN is limited to the damage that RUNSEEING BERLIN typically had to expect based on the conditions known at the conclusion of the contract.

  4. The above exclusions and limitations of liability do not apply to cases where RUNSEEING BERLIN guarantees the nature of the services/goods nor to damages payable according to product liability laws nor to damage resulting from loss of life, physical injury, or damage to health.

  5. The above exclusions and limitations of liability also apply to the employees of RUNSEEING BERLIN, vicarious agents, and other third parties used by RUNSEEING BERLIN to fulfil the contract.

     

    § 7 - WARRANTY

    Warranty ensues according to the statutory provisions.

     

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    § 8 – INSTRUCTIONS ON WITHDRAWAL

  1. CONSUMERS’ RIGHT TO WITHDRAWAL

    Consumers (“Verbraucher”, acc. to sec. 13 of the German Civil Code) have the right to withdraw from the contract within 14 days without giving any reason.

    The withdrawal period will expire after 14 days from the day on which the contract was concluded. To exercise the right of withdrawal, you must inform us

    RUNSEEING BERLIN

    SOPHIE MAZUR

    RICHARD-SORGE-STR.58, 10249 BERLIN

    +491637917118,

    mail@runseeingberlin.com

    of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form , but it is not obligatory.

    To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

     

    Effects of withdrawal

    If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.

    You shall send back the goods or hand them over to us, without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. You will have to bear the direct cost of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

     

    End of Instructions on withdrawal

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  2. Exclusions from the statutory right of withdrawal

    The statutory right of withdrawal shall not apply in the following cases:

    Contracts for the provision of services related to leisure activities, if the contract provides for a specific date or period of performance (cp. Sec. 312 g para. 2. Sub. 9 Civil Code).

  3. In cases a right to withdraw applies, you shall pay RUNSEEING BERLIN an amount, which is in proportion to what has been provided until you have communicated us your withdrawal from this contract, in comparison with the full coverage of the contract, if you requested to begin the performance of services during the withdrawal period (cp. Sec. 357 para. 8 of German Civil Code).

     

    § 9 – DATA PROTECTION

  1. The safety and protection of the data of any participant is our important concern. RUNSEEING BERLIN commits to comply with the applicable data protection regulations.

  2. RUNSEEING BERLIN explicitly points out and User acknowledges that RUNSEEING BERLIN collects, saves and processes data that is necessary for our business relation. Any use, storage or processing and/or transfer of data shall be pursuant to the provisions of the German Data Protection Law.

  3. When booking a tour on runseeinberlin.com, personal data must be stored and used. This stored data will be exclusively used for the purpose of booking a tour and to manage its execution and will not be disclosed to any outside parties. The User may at any time request information about the stored data and the deletion of the same. Conditions shall be construed in accordance with German law.

  4. To learn more about data protection please check our “Privacy Policy[A4] ”.

     

    § 10 - REVISING TERMS OF USE

  1. RUNSEEING BERLIN shall remain the right to amend and/or update these Terms of Use with effect for the future at any time if technical, economic or legal reasons should make such adjustment necessary.

  2. If no explicit consent of the User is solicited for the adjustment of these Terms, every User shall be timely informed regarding any changes of the Terms of Use (at least four weeks prior to the effective date of the amended Terms of Use). For this purpose, RUNSEEING BERLIN shall send the new version of the Terms to the email address the User provided during a booking process. Within this frame, RUNSEEING BERLIN shall inform User explicitly of the opportunity and period to object the changes and the consequences of not exercising such objection.

  3. If User does not object the changes within four weeks after the effective date of the changed Terms, the amended Terms shall be deemed accepted. The period shall begin with the day that was announced as effective day of change via email vis-a-vis the User.

  4. If User objects the change, RUNSEEING BERLIN shall be entitled to terminate the user agreement and dissolve the particular user account, effective on the date on which the changed terms become effective. In this case the User will be reimbursed for any fees already paid for future use of the Website.

     

    § 11 – FINAL PROVISIONS

  1. Deviating general terms and conditions of Users or third parties shall not become part of this agreement, unless RUNSEEING BERLIN consents thereto in writing. In the event of ambiguities between such deviating terms and the Terms of Use, the stipulations of RUNSEEING BERLIN’s Terms of Use shall prevail.

  2. Changes and supplements to the Terms of Use shall require the written form. This shall also apply to changing this written form requirement itself.

  3. In the event that one or several provisions of these Terms of Use shall be or become entirely or partially void, the validity of the remaining provisions of the Terms of Use shall remain unaffected thereof.

  4. Exclusive place of jurisdiction for disputes arising from or in connection with this agreement shall be the registered seat of RUNSEEING BERLIN, unless an exclusive statutory jurisdiction is present.

  5. This agreement shall be governed by the laws of the Federal Republic of Germany to the exclusion of the UN Sales Convention and the conflicts of law rules.

  6. If the User is a consumer (sec. 13 German Civil Code) and has booked a tour online, then RUNSEEING BERLIN points out that, from 15.02.2016, the European Commission has provided a platform for online dispute resolution here. The email address of RUNSEEING BERLIN is: mail@runseeingberlin.com.

 

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Berlin, February 2017

Runseeing Berlin combines running with sightseeing in an active city tour in Berlin.

If you love running, there is no better way to discover this vibrant city than through runner's eyes.

Take a tour with us because life is better in running shoes!

Cheers! Your running team from Runseeing Berlin!

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