Disclaimer DoggyBagTours

(v. March 2020)

 

 

LIABILITY FOR CONTENT

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The information on this web site is provided on an "as is" basis. To the fullest extent permitted by law, this Company:

Excludes all liability for damages arising out of or in connection with the participants use of this website. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or the participants have advised this Company of the possibility of such potential loss), damage caused to the participants computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages.

The contents of our websites have been compiled with great care. However, DoggyBagTours does not guarantee that the information provided is up-to-date, accurate and complete. The use of the content on our website is at the user's own risk. The mere use of this website does not establish a contractual relationship between the user and us; liability claims against us, whatever their nature, arising from the mere use or disuse of the presented information, or by the use of incorrect and/or incomplete information, are strictly excluded.

According to § 7(1) of the German Telemedia Act (Telemediengesetz – TMG), as a service provider we are responsible for our own content on these sites in accordance with the general legislation. However, we are not required to monitor transmitted or stored third-party information or to investigate circumstances that indicate illegal activity (§§ 8-10 TMG). As soon as we become aware of content that suggests an illegal activity, we will remove it immediately from our website. However, liability in this regard is only possible from the moment that knowledge of the specific breach of law is obtained. Contributions identified by name reflect the opinion of the author and not necessarily the opinion of the provider.

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COPYRIGHT

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Every and all participants and/or guests of a DoggyBagTours are a model as in the definition of the §22 and §23 of the German KUG. By participating in the activity the participants are giving us advance permission to use any and all photographic materials imprinted throughout the touring process as well as the preparation and the farewells at the end. If the guest/participant does not want to waiver the publishing rights or grand DoggyBagTours the copyright of the participants likeness obtained during the tour; please inform tour guide and try to stay out of the camera angle, after the tour you will be edited out by CGI. If the participant would like to have a copy of, or involvement in the proofing process concerning the publishing the participants likeness, please contact us via the contact information below.

The content created by us on these sites (articles, graphics, etc.) and layout of this website are subject to German copyright and ancillary copyright law. Third-party contributions are identified as such. Any type of use not permitted under German copyright and ancillary copyright law requires prior written approval by us or by the respective copyright holder (author/creator). This applies in particular to copying, adaptation, distribution, translation, storage, processing and/or reproduction of contents in databases or other electronic media and systems. The reproduction of individual content or the website as a whole is only allowed for private use, and not for commercial use. The use of texts/articles in print form shall be made solely in the form of a quote with indication of the source, with a reference to the portal and portal operator. If textual content is published as a quote on other websites, the source shall be indicated in the form of a follow link to the relevant article. We will not sell, share, or rent the participants personal information to any third party or use the participants e-mail address for unsolicited mail. Any emails sent by this Company will only be in connection with the provision of our services and products.

If the participant nevertheless become aware of a copyright infringement, we request that the participants notify us accordingly.

Doggy Bag Tours

Körnerstraße 16

D-10786 Berlin

Contact@Doggybagtours.de

 

PAYMENT POLICY

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Terms of payment are within Doggy Bag Tours sole discretion, and unless otherwise agreed to by Doggy Bag Tours, payment must be received by Doggy Bag Tours prior to Doggy Bag Tours acceptance of an order of groups beyond 15 participants. Payment for the products will be made by credit card, wire transfer, or other prearranged payment method. In specific situations, credit terms can been agreed to by Doggy Bag Tours.  

If the participants do not receive an invoice or acknowledgement in the mail, via e-mail, or with the participants Product, information about the participants purchase may be obtained by contacting us at the appropriate information found below:

• Doggy Bag Tours Berlin is registered in the Körnerstraße 16, D-10786 Berlin. Please contact in via mail: Contact@Doggybagtours.deor by phone via cellphone: +49176-47 67 8220.

• Doggy Bag Tours NL is registered at the Kerklaan 41, 2101HK Heemstede. We are reachable under the same email and number.

• Doggy Bag Tours is also reachable via WhatsApp (+49176-47 67 8220), Facebook& Instagram (@Doggybagtours) and Fax:+4930-55 27 32 78

 

The Parties agree that this agreement, any sales there under, or any claim, dispute or controversy (whether in contract, tort, or otherwise, whether preexisting, present or future, and including statutory, common law, and equitable claims) between Client and Doggy Bag Tours arising from or relating to this agreement, its interpretation, or the breach, termination or validity thereof, the relationships which result from this agreement, Doggy Bag Tours advertising, or any related purchase shall be governed by the laws of local jurisdiction of the appropriate branch, without regard to conflicts of Laws rules.

All products, tours and services offered by Doggy Bag Tours are valid as per the dates displayed on www.Doggybagtours.com or any affiliated website. Doggy Bag Tours is not responsible or liable for any information that it does not directly provide.

Prices listed on Doggy Bag Tours websites or affiliated websites are per person and include necessary local taxes unless otherwise specified. Doggy Bag Tours accepts the following credit cards Mastercard, Visa, Ideal or PayPal. Full payment is required to make a reservation online.

A Doggy Bag Tour can not be guaranteed to follow the exact planned route and stops on the cannot be guaranteed. Therefore Doggy Bag Tours reserves the right to change the route or the tour content, in the event of impediments such as building sites or road blockages, or similar unforeseen occurrences during the tour. In this case, tour participants will be informed when necessary (this is at the discretion of the guide on the day. It will be determined based on whether the ‘theme’ of the tour and the general content can be maintained). So doing each guide may make appropriate changes to the tour as the given conditions require. Tours will take place irrespective of weather conditions provided that the safety of the participants is not at risk. Bike tours may be replaced for example, with a walking tour, if the weather is not suitable for bike riding.

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DOGGY BAG TOURS DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING BUT NOT LIMITED TO ANY LIABILITY FOR PRODUCT NOT BEING AVAILABLE FOR USE, LOST PROFITS, LOSS OF BUSINESS, OR THE PROVISION OF SERVICES AND SUPPORT. EXCEPT AS EXPRESSLY PROVIDED HEREIN, DOGGY BAG TOURS WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. YOU AGREE THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCT, DOGGY BAG TOURS IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AMOUNT INVOICED FOR THE APPLICABLE PRODUCT. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, THE REMEDIES SET FORTH IN THIS AGREEMENT SHALL APPLY EVEN IF SUCH REMEDIES FAIL THEIR ESSENTIAL PURPOSE.

TOUR SAFETY

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Our Clients may participate on our tours at their own risk. All our Tour participants must be insured personally for liability, health and accidents before the activity starts. If not the participant should be prepared to bare the responsibility personally. The participant should at obey the German traffic regulations at all times (StVO). If there are questions to the regular continental European traffic rules and regulations, please ask your guide specifically and before the tour or at least before a questionable situation arises. Doggy Bag Tours is not liable for injury or damage caused by willful or negligent behavior of tour participants. Participants must decide themselves if they are in an appropriate state to be able to safely complete the tour.

This include, but are not limited to for example:lacking ability/agility or cycling experience, inebriation/sobriety, physical fitness, existing or new medical conditions, mental state or any condition that might impair the ability to finish the tour in place with the other participants.

It is at the guides discretion to declare a participant unfit to finish the tour, in accordance and/or compliance to the legal requirements to be allowed to ride a bike.

Doggy Bag Tours reserves the right to cancel an event without further notice when a participant sustains disruptive behavior on a tour despite fair warning to desist. In this case, Doggy Bag Tours will retain the amount paid for the tour (Less expenses not incurred and refunds through service provider or other similar benefits obtained through other use of the services withdrawn). Extra costs incurred through the discontinuation of the tour must be paid by the persons responsible for disrupting the tour.

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Limitation of Liability: Doggy Bag Tours is not liable for damage caused by insufficient working order of either Doggy Bag Tours bicycles, or participants own private bicycles used on the tour. Participants must check the working order of their bicycle themselves before the tour starts.

Most of the Doggy Bag Tours bicycles originate in a ‘circular economy’ or ‘Up-cycling’ program. Every bicycle is lovingly maintained after originally being repaired, modernized or improved to comply to German road safety laws and their new incarnation as a tour bike. Small imperfections are possible and different between ever individual bicycle. Where equipment is insufficient or defect, participants may demand assistance. In this case, participants are obliged to notify Doggy Bag Tours either by informing the tour guide or contacting Doggy Bag Tours by phone or WhatsApp: 0049-176 47 67 8228. It is Doggy Bag Tours prerogative to provide an other mode of local (emergency) transportation in order to continue the tour. Such as a pay by minute bicycle sharing bike. Doggy Bag Tours may decline to give assistance where the effort required holds little relation to the problem at hand. If the customer is culpable of not providing notification of defects, the customer’s claims may be rendered totally or partially invalid.

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CANCELLATION POLICY

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Doggy Bag Tours is happy to offer 100% refunds if the reservation is cancelled more than 28 days before the scheduled tour. No cancellation fees up to 28 days before the date. 25 % cancellation fees up to 14 days before the date, 50% cancellation fees up to 7 days before the date, 75% cancellation fees up to 3 days before the date and 90% of the fees when the date is cancelled by the client less than 72 hours before the agreed date of services. If the client does not turn up on the agreed date, 90% fees will apply.Please note: We do only issue a maximum 10% refunds for tours cancelled within 72 hours of the scheduled tour.

Similar rules apply when individual participants are unable to take part in the tour i.e., due to illness.

No cancellation fee will apply, as long as the new participant numbers are within 90% of the original group size and alterations are communicated within 24 hours before the event by WhatsApp, email or fax.

In case of extreme rain or wind, as well as icy conditions, we will offer the guest alternative tour dates if and when available. It is our discretion to judge the weather conditions and the classification ‘extreme’ in order to set a free cancellation or re-booking process in motion. Naturally are the instruction and classifications of the German weather agency binding, also for us. In all other cases we provide helmets, ponchos and gloves to protect our guests. These are free of charge.

Alternatively we can change any tour into a fun and educational walking tour, where we combine public transport with walking. Or we can, subject to availability, provide tours at one of our affiliated indoor Museum partners. Such as the ‘DDR Museum’ and ‘90ies Berlin’.

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INTERNET LOGGING FILES

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We use Google Analytics view trends, administer the site, track users movement, and gather broad demographic information for aggregate use. No information collected is linked to personally identifiable information. Additionally, for systems administration, detecting usage patterns and troubleshooting purposes, our web servers automatically log standard access information including browser type, access times/open mail, URL requested, and referral URL. This information is not shared with third parties and is used only within this Company on a need-to-know basis. Any individually identifiable information related to this data will never be used in any way different to that stated above without the participants explicit permission.

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BIKE RENTAL

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Doggy Bag Tours is obliged to ensure that all equipment for hire are in a in operational condition at the beginning of the hire period. With their signature, the person hiring (hereafter called “the customer”) declares that the equipment is in good operational order. The customer must produce personal identification. The customer must consent to the compilation of necessary personal data. If the form of personal identification does not display a valid postal address, the customer must pay a deposit of €200.Doggy Bag Tours reserves the right to withhold this deposit in the case that the hired bicycle or bicycle accessories are not returned, or returned with significant damage.

The rental price must be paid upon the signing of the rental contract. The most current price-list is valid.

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An extension of the rental period must be agreed upon before the end of the initial rental period. If the rental period is not adhered to and no notice is given of an intention to extend the rental period, Doggy Bag Tours will notify the police of theft within 24 hours.

The minimum age requirement for bike rental is 16. Youth and children under the age of 16 will only be permitted to use rental bikes under the supervision of an adult. In this case, the adult concerned is liable through their signature on the rental agreement.

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The customer declares with their signature that they are in a fit state to use the equipment and that they are aware of the road rules (StVO), as well as declaring that they are themselves responsible for adhering to these road rules. Without explicit written permission beforehand, it is not permitted to do the following: to ride the bikes on unsealed surfaces; to use the bikes for sporting competitions; to hire or lease the bikes or bike equipment to third parties. The customer is obliged to secure rental equipment against theft. When hired bicycles are not in use, the person hiring is obliged to lock the bike to an anchored object (such as a bike-stand or lamp post) with the lock provided by Doggy Bag Tours. The customer must notify Doggy Bag Tours immediately of any loss or theft of the hired equipment. The customer will be responsible for paying the costs of the value of the equipment in the case of loss or theft. The customer is obliged to register cases of theft with the police.

Doggy Bag Tours is liable for limited damages to their property only when the damage is clearly caused by Doggy Bag Tours. Such claims must be made directly to Doggy Bag Tours, at the latest by the return of the hired equipment. Exclusion of liability is valid in the case of hidden defects or material defects. Doggy Bag Tours is not liable to damage caused to the equipment during the rental period.

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The customer is obliged to return rental equipment in good working order and without damage. Repair costs for damaged incurred to rental equipment over the rental period must be paid by the customer. Claims must be made by Doggy Bag Tours upon return of the rental equipment. Repairs are to be carried out by Doggy Bag Tours. Repairs may not be undertaken by the customer or third parties without the implicit agreement of Doggy Bag Tours.

If the customer is involved in a road accident, the customer must call the police (via the number 110) to the location of the accident and request an accident registration number (Unfallnummer). This number and the details of the accident must be communicated to Doggy Bag Tours. Please record the location as precise as possible in order for DoggyBagTours to be able to remove the wreckage.

All agreements between the customer and Doggy Bag Tours, are done so under the laws of the Federal Republic of Germany. Place of jurisdiction and fulfillment is Berlin. Should individual clauses in this Terms and Conditions be legally ineffective, this does not affect the validity of the remaining clauses.

 

Last updated: March 2020