"We" "us" and "our" are references to BerlinStag.com .
“Group”, "You" or "your" means all persons to whom the travel arrangements apply, including anyone added or substituted after we have received the booking.
"Lead Customer" means the person who makes the booking on your behalf and who will be our point of contact (and any substitute for that person). Lead Customer must be at least 18 years old as of your scheduled date of arrival in your holiday destination. We reserve the right to request proof of age.
"Arrangements" means the accommodation, meals, arrangements, facilities and services (or any of them), as applicable, booked through us by you pursuant to this agreement or any other agreement between you and us.
1. Booking and payment process
1.1. One reservation must be completed for each Group. You must use the form provided on the website.
1.2. We will quote a price for your selected arrangements. The price does include services stated at the website and in quote.
1.3. You will then be presented with the option of making a reservation.
1.4. Your contract with us will only come into existence when you accept the reservation and we receive your deposit. Until that time, acceptance of your reservation is at our absolute discretion. We may refuse to accept it for any reason. By making your reservation with us, you will be regarded as having had the opportunity to have read and understood our Terms and Conditions and to have actually done so before a contract between us came into existence.
1.5. A deposit of up to 15% of the total cost of the booking is required. This is used to safeguard your reservations of activities and accommodation with our suppliers. We accept payment by all the major credit and debit cards and you can pay in Euros, alternatively in Pounds, U.S. Dollars or local currency. We use a company called Paypal to process your payments securely online. You can read more about them via their website www.paypal.com. We never come into contact with your card at anytime and we will never know any details of the card(s) you use to pay us with.
Payment can only be made by the Group Leader, or someone nominated by the Group Leader. Individual payments cannot be accepted.
1.6. Once we receive your deposit we will send a confirmation to the Group leader by email. We will not supply you with paper copies of any such documentation. Should we acknowledge your reservation prior to sending a confirmation letter, such acknowledgement will be an indication that we are dealing with your booking and not a confirmation of it.
1.7. Payment of the outstanding balance of the total cost quoted must be made to us no later than when the Group is met at your holiday destination by the our representative. In exceptional circumstances, we reserve the right to request earlier payment.
1.8. If you wish to alter your travel arrangements after the confirmation was sent, the Group Leader must notify us by email. Variation of the travel arrangements is at our absolute discretion. Any such variation will give rise to a recalculation of the total cost originally quoted. If this should result in an increase in the deposit payable, we will not confirm the variation until payment of the increased deposit has been received.
1.9. We reserve the right, without giving you notice, to vary any part of your booking, at any time, where such changes are minor.
2. Our Obligations and Liabilities
2.1. We are not the direct supplier of the accommodation and activities which make up your travel arrangements. We act only as a booking agent.
2.2. We will take all reasonable steps to ensure that your travel arrangements are supplied as described on the website and that they meet a reasonable standard and that activity and accommodation suppliers follow local health and safety guidelines and legal requirements.
2.3. Liability is accepted for negligent acts or omissions by our employees or agents (acting within the scope of their employment or contract with us) in the provision of your travel arrangements. Our acceptance of liability is subject to you initially cooperating with us in any legal action it may take to enforce its own contractual indemnities against them.
2.4. No liability is accepted by us in the following circumstances:
• if you or any member of the Group are at fault (including, but not limited to, a failure to comply with the Terms);
• a third party unconnected to the provision of services arranged through us is at fault;
• for any services which do not form part of your arrangements, this includes, for example, any additional services or facilities which your hotel or any other supplier agrees to provide for you that we have not booked for you and any excursion you purchase during your stay;
• any unusual or unexpected circumstance beyond the control of us or our suppliers;
• any event which we or the activity or accommodation supplier could not have reasonably foreseen;
• any instance of inappropriate behaviour on your part or any member of your Group, including, but not limited to, insobriety, violent conduct, breach of any local laws and discourtesy;
2.5. Our liability in all cases shall be limited to the total amount paid to us by you.
3. Your Obligations and Liabilities
3.1. You must comply with these Terms. Noncompliance will amount to deemed cancellation by you of all the travel arrangements provided by us.
3.2. Prior your arrival to your holiday destination you will:
• provide to us true and complete data related to the respective tour;
• obtain all necessary travel documents and medical advice with respect to your holiday destination.
3.3. Once you arrive at your holiday destination you will:
• conduct yourself in a responsible manner and without risk to the health and safety of yourself or others;
• comply with every reasonable instruction or request of the our representative or agent or activity or accommodation supplier;
• carry valid travel documents and medical advice and respect current passport and customs regulations of the visited countries;
3.4. If you fail to do so, you will be deemed to have cancelled your travel arrangements with immediate effect.
3.5. If the Group is more than 30 minutes late in meeting the our representative at the agreed place and time for a scheduled activity, then each member of the Group will be deemed to have cancelled the activity.
3.6. You will be personally liable for any damage occasioned by you to the property or person of a third party.
3.7. When booking your travel arrangements with us, it is the Group Leader’s responsibility to ascertain whether any member of the Group suffers from an existing medical condition or disability and to notify us accordingly. If such information is not disclosed to us until the confirmation has been issued and, in the opinion of us, the condition or disability would render the travel arrangements unsuitable or unsafe for the member affected, then the member will be deemed to have cancelled the travel arrangements.
3.8. We recommend you take out insurance cover for the duration of the travel arrangements, for participation in potentially dangerous sports and activities. You should not participate in an activity if insurance has not been arranged. You agree to indemnify us against any liability for costs arising from your failure to obtain adequate insurance cover.
4. Force Majeure
4.1. We will not be liable where it has to cancel or change your travel arrangements in any way for reasons of war, threat of war, riot, civil strife, industrial dispute, terrorist activity, natural or nuclear disaster, or other circumstances amounting to force majeure.
5. Cancellation and changes of reservation
5.1. Occasionally, we have to make changes to confirmed bookings and cancel confirmed bookings. Whilst we always endeavour to avoid changes and cancellations, we must reserve the right to do so:
• where an activity cannot be provided due to circumstances beyond our control, such as adverse weather, closure of licensed premises or where an activity supplier has ceased to trade and a suitable alternative cannot be offered, a full refund will be provided;
• in case of shortage of accommodation facilities we are authorised to provide alternative accommodation in the same quality class as that which was agreed in the contract, and no refund will be provided;
• in case of a change in the transportation situation to provide alternative transportation of the similar quality as that which was originally planned. and no refund will be provided.
5.2. If you wish to change your booking in any way we will try to comply with your requests but we cannot guarantee that changes can always be made. Where a change can be made, we will not charge an amendment fee however you will be charged for any extra costs incurred by ourselves and any costs or charges incurred or imposed by any of our suppliers.
5.3. Your cancellation of all or any part of your travel arrangements will not be effective unless confirmed to us by email from the Group Leader.
5.4. The following charges will apply where you either cancel or are deemed to have cancelled the travel arrangements:
• no charge will arise where cancellation occurs prior to issue of the confirmation;
• once the confirmation has been issued, cancellation will render you liable to a charge of 25% of the total cost of the travel arrangement cancelled
• if cancellation occurs either within 72 hours of your scheduled arrival or following your arrival at your holiday destination you will be liable for 100% of the travel arrangement cancelled.
6. Complaints Procedure
6.1. Complaints must be brought to the attention of the accommodation or activity supplier and to our attention immediately. Any unreasonable delay will entitle us, at our absolute discretion, to refuse to deal with the complaint.
6.2. If the complaint cannot be resolved locally, you must put it in writing, handing one copy to the supplier and retaining one copy for yourself. Within 28 days of returning from your holiday destination, you must confirm your complaint by email to us, and include your booking reference, together with any other relevant details such as receipts.
6.3. If we decide that compensation is payable to you, the form of compensation will be at our absolute discretion and may include a free holiday, credit/discount vouchers redeemable within a fixed period or other similar arrangements or credit card refund.
7.1. We can terminate your Arrangements if your behaviour or that of any members in the booking is likely in our opinion to cause distress, damage, danger or to annoy customers, other members of the party, employees, property or anyone else. If you are prevented from travelling or participating in the Arrangements because we or any person in authority thinks you appear to be unfit to travel or likely to cause discomfort to or disturb other participants, you will not be able to complete your Arrangements and we will not be liable for any refund, compensation or any costs you have to pay. We cannot accept liability for the behaviour of others in your accommodation or any persons taking part in any event associated and/or in the same environment which forms part of your Arrangements or if any facilities or services are removed as a result of their action.
7.2. You understand that when you book through us, you accept responsibility for the proper conduct of yourself and other members of the party during your stay. We or the accommodation provider or other supplier reserves its right within their reasonable opinion to terminate the Arrangement in question of any member of the party due to misconduct. You are also liable to make reimbursements to the accommodation provider or other supplier for any damage caused during your visit. If you fail to do so, you will be responsible for meeting any claims subsequently made against us (together with our own and the other party's full legal costs) as a result of your actions. Some suppliers will require you to make a deposit at the time of arrival in order to cover potential damage. This deposit will be refunded when you leave provided that there is no damage to the suppliers facilities.
7.3. You agree to ensure that all members of the party act at all times in a safe responsible manner and comply with all safety procedures, listen and be present at all safety and information briefings which are relevant to the arrangements booked, make supervisors or any persons in authority immediately aware of any equipment or site deficiencies or concerns, dress suitably for any event as advised by our suppliers and observe and obey all laws, requests, conditions of use of any supplier, including accommodation and entertainment venues.
7.4. Many events and activities require a high level of concentration and the use of alcohol or drugs or being under the influence of alcohol or drugs whilst participating in such events is strictly forbidden. If you or any member of your party have, at the discretion of our suppliers, been using drink or drugs or fail to act in a safe responsible manner, they reserve the right to cancel your participation forthwith. In this event we will not be liable to pay you any refund, compensation or any costs incurred by you.
8. Law and Jurisdiction
8.1. This contract is governed by the laws of European Union and both parties submit to the exclusive jurisdiction of the respective courts should any dispute arise as to the interpretation or performance with the Terms.