GTC

Provider and scope of application:

The following General Terms and Conditions govern the contractual relationship between the participants and the tour guide Rafael Nasemann, who offers the tours of “HomoluluBerlin” (address: Chausseestr. 33b, 10115 Berlin, www.homoluluberlin.de). This tour provider is hereinafter referred to as “HomoluluBerlin”. By booking via email, Instagram, WhatsApp, Meetup, AirBnB or other apps and participating in the tour, participants accept these terms and conditions. Participants will receive a link to these terms and conditions with the booking confirmation.

Contract

The contract is concluded after registration with the confirmation email before the start of the tour. This can be done by telephone or in writing, for example by email, WhatsApp or confirmation on an app or platform.

Services

The scope of the contractual services results from the service description – see also www.HomoluluBerlin.de – as well as from the individual agreement. The guides of HomoluluBerlin are free to design their own routes. The tours specified and those actually visited may therefore differ. The stated duration/route are approximate. Participants must bring a roadworthy and StVO-compliant bicycle or scooter, which is not provided by HomoluluBerlin.

Booking and costs

Our free tours take place on irregular dates and can be booked on the website www.homoluluberlin.de, for example. Instead of a fixed fee, participants can give a tip at the end. This is voluntary – there are no costs for participation. Although it is not necessary to book free tours in advance, we recommend doing so. This is the only way we can adapt to the number of participants and ensure adequate group sizes. The maximum number of participants on a tour is 20. We recommend being at the meeting point approx. 10 (but no later than 5) minutes before the start of the tour. It is possible to book payed groups tours as well.

Withdrawal / Cancellations / Date changes

Participants of free tours can cancel the tour at any time, group tours can canel 24 hours before. Individual If the tour is not feasible due to very bad weather, HomoluluBerlin may cancel the tour on the day of departure.

HomoluluBerlin will make every effort to meet its deadlines. If a tour has to be canceled due to extraordinary circumstances, participants are entitled to participate in the tour on an alternative date offered by HomoluluBerlin. There is no further claim for compensation. There is no entitlement to compensation or cancellation due to bad weather. HomoluluBerlin reserves the right to shorten a tour that has already begun. If a tour that has already started has to be canceled due to force majeure, such as a severe storm or injury to a participant, there is no claim for compensation against HomoluluBerlin. If a tour has to be canceled or an already started tour has to be interrupted due to the harmful behavior of one or more participants, there is no claim for damages against HomoluluBerlin. For its part, HomoluluBerlin reserves the right to claim damages from the participant(s) in question. HomoluluBerlin reserves the right to cancel a tour on the day of the event if fewer than 4 participants are registered or present at the start of the tour.

Liability and safety

Participation is at your own risk. Participants must observe the road traffic regulations (StVO) on the bike tour. Before starting the tour, participants must assess for themselves whether participation is compatible with their physical condition.

HomoluluBerlin accepts no liability for damage to third parties. Participants undertake to have private liability insurance in order to be covered for damage to third parties. HomoluluBerlin is not liable for damages caused by the participant’s own carelessness (e.g. talking on the phone while cycling, disregarding road conditions, traffic rules or the respective traffic situation, etc.), lack of cycling experience on the part of the participant, misconduct of other traffic or tour participants, distraction by other guests, improper use of the bicycle brought along, damage to the bicycle brought along, road damage or improper attachment of bags or other containers carried on the bicycle.

Furthermore, HomoluluBerlin is not liable for property damage or financial loss resulting from a slightly negligent breach of an obligation incumbent upon us but not essential for the performance of the contract. HomoluluBerlin is only liable for all damages up to the maximum limit of its liability insurance. This compulsory business liability insurance “Gewerbe Protect” is provided by Gothaer Versicherung with a maximum sum insured of EUR 5,000,000.

Intellectual Property

The routes and tour content developed by HomoluluBerlin in their individual arrangement and objects are subject to special property rights, as are the “HomoluluBerlin” brand and the HomoluluBerlin logo.

Data protection

HomoluluBerlin would like to point out that data required for the processing of business transactions will be stored and processed accordingly. Data will not be passed on to third parties unless this is necessary for the fulfillment of the concluded contract, for example in the case of additional bookings of vehicles, etc. For more details, see also the privacy policy on this website.

Severability clause

The invalidity of any part of these provisions shall not affect the validity of the remaining provisions.

Place of jurisdiction

The place of jurisdiction is Berlin

Status June 2024