General Terms and Conditions

T&C Bicycle Tours

§ 1 Scope of application

The following terms and conditions (hereinafter referred to as GTC) apply to all services offered by tours, film & coffee GmbH, Managing Director Heinz Braunhofer, Kastanienallee 55, 10199 Berlin (hereinafter referred to as URBAN BIKE TOURS).
With your booking you accept these conditions.

§ 2 Contract

The contract is concluded with the registration and subsequent order confirmation by URBAN BIKE TOURS.

§ 3 Services

The scope of the contractual services results from the tour description on the website or flyer, as well as from the individual agreement with the respective contractual partner. Our tour guides are free to change the route. As a result, the tours may differ from one another. Duration and route are always approximate. Unless otherwise agreed, the minimum number of participants per tour is 4 people.

§ 4 Prices

Unless otherwise agreed, the prices shown on the website or flyer apply.

§ 5 Vouchers

Issued vouchers are only valid after receipt of payment and cannot be exchanged for cash. They are valid for 3 years. The voucher must be handed to the tour guide at the start of the tour.

§ 6 Payment

Payment is usually made by bank transfer or cash before the start of the tour.

§ 7 Cancellation, withdrawal, rebooking

URBAN BIKE TOURS always endeavors to keep its appointments. If a tour has to be canceled due to extraordinary circumstances, the participants are entitled to a refund of the payments made or participation in an alternative date. There is no further claim for compensation.

The tour takes place in all weathers, unless the safety of the participants cannot be guaranteed. In this case, the participant is entitled to an alternative date or a refund of the payment already made.

If a tour that has already begun has to be canceled due to extraordinary circumstances, such as a severe storm or injury to a participant, there is no claim for compensation against URBAN BIKE TOURS.

The customer can withdraw from the contract for tours that have already been reserved before the start of the service. Cancellations or rebookings up to 14 days before the start of the tour are free of charge. Thereafter, the following fees apply:

Up to and including 8 days before the start of the tour, a cancellation fee of 25 % is due.
Up to and including 4 days before the start of the tour, a cancellation fee of 50 % is due.
A cancellation fee of 75 % is due up to and including 1 day before the start of the tour.
If canceled on the day of booking, a 90 % cancellation fee is due.

Cancellation on the day after the booking is not possible.

If only individual participants (max. 10 % of the total number of participants) cancel a group booking, e.g. due to illness, no cancellation fee will be charged if we are informed of the new number of participants by e-mail up to 24 hours before the start of the tour.

URBAN BIKE TOURS reserves the right to cancel a tour if the minimum number of participants is not reached at the start of the tour. In the case of cooperations with other partners, their respective cancellation conditions apply.

§ 8 Limitation of liability

Participation is at your own risk. Before starting the tour, participants must assess for themselves whether participation is compatible with their physical condition.

The participant must observe the German Road Traffic Regulations (StVO) on the guided bike tours. URBAN BIKE TOURS is not liable for damage caused by gross negligence or intent.

The participant must familiarize himself/herself with the rental bike and carry out a roadworthiness test before starting the journey. If a technical defect that could impair road safety is evident at the start of use or occurs during use, the participant must inform URBAN BIKE TOURS or the tour guide immediately and refrain from using the bike immediately.

The participant is liable for any damage to the bicycle provided to him/her during the bicycle tour for which he/she is responsible.

URBAN BIKE TOURS is liable to the customer in cases of intent or gross negligence on the part of a representative or vicarious agent in accordance with the statutory provisions. The claim for damages due to breach of essential contractual obligations (city tour on bicycles) is limited to the foreseeable damage typical for the contract. Otherwise, the liability of the lessor is excluded.

§ 9 Duty to cooperate

The tour participant is obliged to cooperate within the framework of the statutory provisions in the event of disruptions to services, to avoid or minimize any damage, and in particular to exercise due care. In the event of grossly negligent or disruptive behavior on the part of a participant or excessive consumption of alcohol, the participant will be excluded from the event without compensation.

§ 10 Consent to the publication of photos

As part of our bike tours, we will occasionally take photos and videos that may be published on the URBAN BIKE TOURS website and social media platforms. For legal reasons, this is only possible with your consent. If you do not wish to be photographed or filmed, please inform our photographer, guide and/or URBAN BIKE TOURS.

§ 11 Severability clause

Should one of the above provisions be or become invalid, this invalidity shall not affect the remaining provisions. The invalid provision shall be replaced by a provision that comes closest to the economic purpose of the provision to be replaced.

§ 12 Place of jurisdiction

These GTC and the entire legal relationship between the customer and URBAN BIKE TOURS shall be governed exclusively by the law of the Federal Republic of Germany. The exclusive place of jurisdiction for all contractual disputes arising from or in connection with the legal relationship between the customer and URBAN BIKE TOURS is Berlin.

T&C Bike Rental

§ 1 Scope of application

These terms and conditions apply to the rental of bicycles of any kind offered by tours, film & coffee GmbH, Managing Director Heinz Braunhofer, Kastanienallee 55, 10119 Berlin (hereinafter referred to as the lessor). By booking, the renter accepts these terms and conditions.

§ 2 Obligations of the landlord

The Lessor undertakes to make the rented items available to the Lessee in perfect technical condition.
If it becomes necessary to repair the bicycle during the rental period in order to ensure the operation or road safety of the vehicle, the Rental Firm must carry out the repair or offer the Hirer a suitable replacement vehicle. The Hirer may only commission repair work at a workshop other than the Rental Firm's with the prior consent of the Rental Firm; otherwise the Hirer shall bear the costs arising from the commissioning himself.

§ 3 Obligations of the tenant

The renter confirms receipt of the rental items with his signature. Before using the bicycle, he must familiarize himself with how it works and carry out a roadworthiness test. If there is an obvious technical defect that could impair road safety at the start of use or if it occurs during use, the Hirer must inform the Rental Firm immediately and refrain from using the bicycle immediately.
The rental price is based on the agreement in the rental contract.
In the event of damage or loss of the bicycle, the Rental Firm is entitled to charge the current value or the repair costs.
The rental price will not be refunded if the rental object is returned prematurely.
The renter declares with his signature that he is in control of the vehicle and knows the rules of the StVO and is responsible for compliance with them. The use of the vehicle off the beaten track, for sporting competitions or the subletting of the rental items is prohibited without the written permission of the lessor.
The Hirer undertakes to secure the vehicle against theft. While the vehicle is not in use, it must be locked to fixed objects such as bicycle hangers, poles, etc. using a lock provided by the Rental Firm. In the event of loss or total loss, the renter shall be liable for the replacement value of the bicycle, whereby the theft must be reported to the police.
If a bicycle lock or key is lost, we will charge a fee equivalent to the replacement value of the lock or key.
The minimum age for renters is 16 years. The rental items will only be handed over to children and young people under the age of 16 if they are supervised by adults for the duration of the rental. In this case, the signing adult is liable.
The Hirer must notify the Rental Firm immediately of all defects and damage to the vehicle. If such notification is not made, the Hirer shall be liable for all further costs arising from the failure to notify, in particular personal injury and damage to third parties.
If the tenant is involved in a traffic accident, he must always call the police to the scene of the accident and have them give him the accident number. The tenant must inform the landlord of this and other details of the accident.

§ 4 Liability of the tenant

The renter is liable according to general liability rules if he damages the vehicle or commits any other breach of contract. In particular, the Hirer must return the vehicle in the same condition in which it was received, apart from soiling and wear and tear in the course of normal use.

§ 5 Liability of the landlord

The Rental Firm shall be liable to the Customer in cases of intent or gross negligence on the part of the Rental Firm, a representative or a vicarious agent in accordance with the statutory provisions. The claim for damages due to breach of essential contractual obligations (bicycle rental) is limited to the foreseeable damage typical for the contract. Otherwise, the liability of the Rental Firm is excluded.

§ 6 Cancellation, withdrawal

A cancellation fee of 25 % is due up to and including 8 days before the start of the rental period.
A cancellation fee of 50 % is due up to and including 4 days before the start of the rental period.
A cancellation fee of 75 % is due up to and including 1 day before the start of the rental period.
If canceled on the day of booking, a 90 % cancellation fee is due.

Cancellation on the day after the booking is not possible.

§ 7 Place of jurisdiction

The place of fulfillment and jurisdiction is Berlin-Mitte.

AGB Bicycle sales

§ 1 Scope of application

These terms and conditions apply to the sale of new and used bicycles offered by tours, film & coffee GmbH, Managing Director Heinz Braunhofer, Kastanienallee 55, 10119 Berlin (hereinafter referred to as URBAN BIKE TOURS). With the purchase the customer accepts these conditions.
The GTC apply to consumers within the meaning of Section 13 BGB (hereinafter "Customer").
Offers, services and deliveries to customers are made exclusively on the basis of the GTC in the version valid at the time of the order and confirmed by the customer.
All agreements made between URBAN BIKE TOURS and the customer are set out in writing in the order confirmation and these GTC. There are no further agreements.

§ 2 Subject matter of the contract, conclusion of the contract

URBAN BIKE TOURS offers new and used bicycles.
The offers of URBAN BIKE TOURS are subject to change and non-binding. This also applies in particular to offers in the online store, advertisements and other online sales portals. The offers in the URBAN BIKE TOURS online store do not constitute binding contractual offers. They are merely an invitation to the customer to submit an offer for the respective article.
The customer's data requested by URBAN BIKE TOURS when concluding the contract must be provided completely and correctly for the purpose of executing the contract.
The contract is only concluded when URBAN BIKE TOURS issues a declaration of acceptance, but at the latest when the goods are collected from the URBAN BIKE TOURS store. If the purchase of the goods is financed, the contract only becomes legally effective with the consent of the bank to the conclusion of the underlying financing contract.

§ 3 Prices, terms of payment

The prices quoted are final prices in euros.
The purchase price is due when the goods are collected from the URBAN BIKE TOURS store. If the customer chooses a payment method in which his account is debited immediately, the purchase price is due upon conclusion of the contract.

§ 4 Leasing of company bicycles

URBAN BIKE TOURS offers the possibility of leasing company bikes via partner companies. There is no legal entitlement to this. The prerequisite is that the goods in question are marked as new. The customer must lease the bike via the respective employer, who becomes the lessee.
Leasing is offered via partner companies of URBAN BIKE TOURS. These are JobRad (https://www.jobrad.org) and Bikeleasing (https://bikeleasing.de/)
URBAN BIKE TOURS creates an offer based on the order, which is forwarded to the leasing provider. The customer can view the offer in the portal or on the online platform of the respective leasing provider and confirm it in a legally binding manner. The terms and conditions of the respective leasing provider shall apply. A contract with URBAN BIKE TOURS is only concluded when the lessor accepts the conclusion of the leasing contract.

§ 5 Transfer of risk

If the customer collects the goods from the URBAN BIKE TOURS store, the risk is transferred upon handover and transfer of ownership.
The goods can be collected from the URBAN BIKE TOURS store by prior appointment. The customer can make an appointment by telephone or e-mail. URBAN BIKE TOURS will confirm the collection date by e-mail.
It is not intended to ship the goods.

§ 6 Warranty

The goods are labeled as "used" or "new" in the online store. The condition of the goods is described in each case.
For the customer, the general statutory provisions on liability for defects apply to goods labeled as new.
For the customer, the limitation period for defects in the case of goods labeled as "used" is one year, beginning with the delivery of the goods. This shall not apply in the event of fraudulent concealment of a defect and in the event of the assumption of a guarantee.
At the request of URBAN BIKE TOURS, the customer must send / hand over goods to URBAN BIKE TOURS after notification of a defect.
The images in the online store merely provide an overview of the actual optical condition.
Technical data, weight, dimension and performance descriptions are standard approximate values. Insofar as the online store contains symbolic images or type images and not images of the actual goods, this is expressly indicated.
The mileage stated in the online store and in the store is approximate and may vary due to test drives.
Special features E-Bike: the battery of the E-Bike is a wearing part, the electronic components in it are subject to the statutory warranty of two years. We guarantee that the battery will still have a capacity of 60 - 70 % after two years or 500 charging cycles (whichever comes first).
The e-bikes comply with the applicable EU directives and have a CE mark.

§ 7 Liability

URBAN BIKE TOURS shall be liable in accordance with the statutory provisions if the customer asserts claims for damages based on intent or gross negligence, including intent or gross negligence on the part of representatives or vicarious agents of URBAN BIKE TOURS. If URBAN BIKE TOURS is not accused of intentional breach of contract, the liability is limited to the foreseeable, typically occurring damage.
If the customer is entitled to compensation for damages instead of performance, the liability of URBAN BIKE TOURS is generally limited to compensation for foreseeable, typically occurring damages.
Liability for injury to life, limb or health remains unaffected by this. This also applies to mandatory liability under the Product Liability Act and liability for fraudulent concealment of a defect or due to the assumption of a guarantee.
Any further liability is excluded, regardless of the legal nature of the asserted claim. In particular, URBAN BIKE TOURS is not liable for damages that have not occurred to the goods themselves, such as loss of profit and other financial losses.
If liability is excluded or limited, this also applies to the personal liability of URBAN BIKE TOURS' employees, workers, staff, representatives and vicarious agents.
If liability for damages that are not based on injury to life, limb or health of the customer is not excluded for slight negligence, such claims shall become time-barred within one year, starting from the date on which the claim arises.

§ 8 Retention of title

The delivered goods remain the property of URBAN BIKE TOURS until the purchase price owed has been paid in full.
The customer must treat goods subject to retention of title with care. He must insure them adequately against theft at his own expense.