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General Terms and Conditions

Contents

1. Scope of Application
2. Conclusion of the Contract
3. Right to Cancel
4. Prices and Payment Conditions
5. Shipment and Delivery Conditions
6. Reservation of Proprietary Rights
7. Warranty
8. Applicable Law
9. Jurisdiction
10. Dachau
11. Use of image

1) Scope of Application

1.1 These Terms and Conditions of the company Radius Tours GmbH (hereinafter referred to as “Seller”) shall apply to all contracts concluded between a consumer or an entrepreneur (hereinafter referred to as “Client”)  and the Seller relating to all goods and/or services presented in the online shop of the Seller. The inclusion of the Client’s  own conditions is herewith objected to, unless other terms have been stipulated.

1.2 A consumer  pursuant to these General Terms and Conditions is every natural person concluding a legal transaction for a purpose attributed neither to a mainly commercial nor a self-employed occupational activity. An entrepreneur pursuant to these General Terms and Conditions is any natural or legal person or partnership with legal capacity acting in the performance of a commercial or self-employed occupational activity when concluding a legal transaction.

2) Conclusion of the Contract

2.1 The product descriptions in the Seller’s online shop do not constitute binding offers on the part of the Seller, but merely serve the purpose of submitting a binding offer by the Client.

2.2 The Client may submit the offer by the online order form integrated into the Seller’s online shop. In doing so, after having placed the selected goods and/or services in the virtual basket and passed through the ordering process, and by clicking the button finalizing the order process, the Client submits a legally binding offer of contract with regard to the goods and/or services contained in the shopping cart.

2.3 The seller may accept the Client’s  offer within five days,

  • by transferring a written order confirmation or an order conformation in written form (fax or e-mail); insofar receipt of order confirmation by the Client is decisive, or
  • by delivering ordered goods to the Client; insofar receipt of  goods by the customer is decisive, or
  • by requesting the Client to pay after he placed his order.

Provided that several of the aforementioned alternatives apply, the contract shall be concluded at the time when one of the aforementioned alternatives firstly occurs. Should the Seller not accept the Client’s offer within the aforementioned period of time, this shall be deemed as rejecting the offer with the effect that the Client is no longer bound by his statement of intent.

2.4 The period for acceptance of the offer shall start on the day after the client has sent the offer and ends on expiry of the fifth day following the sending of the offer.

2.5 In case of an order via the Seller’s online order form, the contract’s content will be stored by the Seller and will be sent to the Client in writing including these Terms and Conditions (for example via e-mail, fax or letter) after the Client has submitted his order. In addition, the contract’s content will be stored on the Seller’s website and can be found by the Client via the password-protected customer account by entering the respective login information, provided that the Client has created a customer account in the Seller’s online shop prior to submitting his order

2.6 The Client can correct all the data entered via the usual keyboard and mouse function prior to submitting his binding order via the Seller’s online order form. In addition, prior to submitting a binding order, all data entered will be once again displayed in a confirmation window and can be corrected here as well, via the usual keyboard and mouse function.

2.7 The German language is exclusively available for the conclusion of the contract.

2.8 Order processing and contacting usually takes place via e-mail and automated order processing. It is the Client’s responsibility to ensure that the e-mail address he provides for the order processing is accurate so that e-mails sent by the Seller can be received at this address. Particularly, it is the Client`s responsibility, if SPAM filters are used, to ensure that all e-mails sent by the Seller or by third parties commissioned by the Seller with the order processing can be delivered.

3) Right to Cancel

3.1 Consumers are entiteld to cancel or re-schedule a tour up to 24 hours prior to departure time. Inside of 24 hours there is no cancellation or re-schedule possible. An exeption to this rule is the Oktoberfest tour. This tour is a 100% non-refundable.

3.2 Detailed informations about the right of cancellation are provided in the Seller’s instruction on cancellation.

3.3 We reserve us the right to reject any booked customer that is misbehaving on our tours, is drunk, acting or talking inappropriately towards our guides, staff or other participants on the tour. Also, we reserve us the right to reject customers that are not able to communicate in the language that had been booked for the individual tour. Each attendee of the tour has to be able to fully understand all instructions given on a tour.

“All participants join the tour at their own risk.”

4) Prices and Payment Conditions

4.1 Unless otherwise stated in the product descriptions, prices indicated are total prices and include the statutory value-added tax. Any possible additional delivery and dispatch costs are specified separately in the respective product description.

4.2 Payment can be made using one of the methods mentioned in the Seller’s online shop.

4.3 In case of delivery to countries outside the European Union, additional costs may incur in individual cases for which the Seller is not responsible and which have to be borne by the Client. This includes for example transfer fees charged by banking institutes (transfer charges, exchange fees) or import duties or taxes (customs). Such costs regarding money transfer may also incur, if delivery is not made in a country outside the European Union and the Client carries out the payment from a country outside the European Union.

4.4 If prepayment has been agreed upon, payment shall be due immediately upon conclusion of the contract.

5) Shipment and Delivery Conditions

5.1 Goods are generally delivered on dispatch route and to the delivery address indicated by the Client, unless agreed otherwise. During the processing of the transaction, the delivery address indicated in the Seller’s order processing is decisive. However, in case the Client selects the payment method PayPal, the delivery address deposited with PayPal at the date of payment shall be decisive.

5.2 Should the assigned transport company return the goods to the Seller, because delivery to the Client was not possible, the Client bears the costs for the unsuccessful dispatch. This shall not apply if the delivery cannot be made due to circumstances beyond the Client’s control or if he has been temporarily impeded to receive the offered service, unless the Seller has notified the Client for a reasonable time in advance about the service.

5.3 Personal collection is not possible for logistical reasons.

6) Reservation of Proprietary Rights

The Seller retains title of ownership to the delivered goods until the purchase price owed has been paid in full.

7) Warranty

The statutory consumer rights will apply.

8) Applicable Law

The law of the Federal Republic of Germany shall apply to all legal relationships between the parties under exclusion of the laws governing the international purchase of movable goods. For consumers, this choice of law only applies to the extent that the granted protection is not withdrawn by mandatory provisions of the law of the country, in which the consumer has his habitual residence.

9) Jurisdiction

If the Client  is a businessman, a legal entity of public law or a separate  estate under public law with its seat in the territory of the Federal Republic of Germany, the Seller’s place of business shall be the solely place  of jurisdiction for all legal disputes arising from this contract.. If the Client is domiciled outside the territory of the Federal Republic of Germany, the Seller’s place of business shall be the solely place of jurisdiction for all legal disputes arising from this contract provided that the contract or claims from the contract can be assigned to the Client’s professional or commercial activities. In any event however, regarding the aforementioned cases the Seller is entitled to call the court responsible for the seat of the Client.

10) Dachau

Children under the age of 14 are not allowed to join the Tour to the Memorial Site of the Dachau Concentration Camp.
Customers who book the tour wont be allowed to join the Dachau Tour if they have a child under the age of 14 in there group.
The Customer how are not allowed to join the Dachau Tour because of Children in there group are not eligible to get a refund if they booked there Tickets in Advance either Online or at the Office of the Seller.

11) Use of image

Radius Tours GmbH may take photographs or video of the tour, which may be used for marketing purposes, and may include your image. If you would not like your image, or the image of a person to whom you are a parent/guardian, to be used, you will notify Radius Tours GmbH no later than at the completion of your tour.

General Terms and Conditions (GTC)

Radius Tours Company

(As of April 20, 2023)

(Part A)

General Legal Relationship

1. Scope

These General Terms and Conditions, in their current version at the time of the respective contract conclusion, apply to all mutual claims arising from and in connection with a contract conclusion (e.g., booking of a service) between the customer and Radius Tours.

The aforementioned contract conclusion between Radius Tours and the customer in Germany can take place either through the branch in Munich or “online” via the company’s internet platform.

2. Contracting Parties

Radius Tours enters into contracts with end customers who are:

  • Unrestrictedly capable natural persons who have reached the age of 18 (hereinafter “private customers”),
  • Legal entities that do not pursue commercial interests with the booking of the service (hereinafter “private customers”),
  • Minors who have reached the age of 14 and whose legal guardians have consented to the conclusion of the contract or whose consent can be assumed under the circumstances (hereinafter “private customers”).

If the offer of another customer has been mistakenly accepted by Radius Tours, Radius Tours is entitled to declare the withdrawal from the contract towards the customer within a reasonable period.

3. Contract Contents

Radius Tours delivers the service ordered by the customer in Germany within the framework of the respective offer acceptance. Otherwise, § 434 (1) Sentence 3 of the German Civil Code (BGB) applies. However, Radius Tours reserves the right to expand the contract area to other countries within the European Union. In this case, the following provisions apply accordingly to these countries.

4. Conclusion of Contract, Revocation, and Revocation Policy

The customer submits a binding offer for the selected service during online transactions when they have completed the online ordering process by providing the required information and clicking the “Submit Order” button in the final ordering step.

The acceptance in online transactions by Radius Tours takes place upon receipt of the confirmation (reservation) by the customer. If the customer orders or reserves via the internet, Radius Tours will immediately confirm receipt of the order electronically.

Revocation Policy:

Due to the customer’s statutory right of revocation, a contract relationship that is provisionally effective is initially established through the order and its acceptance by Radius Tours. The customer can revoke their declaration of contract within 2 weeks without stating reasons in written form (e.g., letter, fax, email).

The revocation period begins with the receipt of the confirmation by the customer. To comply with the revocation period, it is sufficient to timely dispatch the revocation. The revocation is to be addressed to:

Radius Tours

Dachauerstr. 4, 80335 Munich

In the event of an effective revocation, any services received on both sides are to be returned. (End of revocation policy)

5. Availability of the Service

If, after receipt of the order, Radius Tours finds that the ordered service should not be available, Radius Tours may withdraw from the contract by unilateral written declaration.

No “replacement delivery” to the customer will be made. In this case, the customer will receive a refund of any payment already made.

6. Payment Terms

When ordering “online,” the customer has the option to pay by immediate bank transfer, direct debit, or credit card.

7. General Warranty

Radius Tours guarantees that the provided products (e.g., bicycles) and services (e.g., tours) are free from defects in material and title according to § 434, 435 BGB at the time of the transfer of risk.

The prerequisite for asserting any warranty claims is always that the defect was not caused by improper use or excessive strain by the customer. If a defect appears, the customer must provide evidence that the item was defective at the time of the transfer of risk. Otherwise, Radius Tours is free to provide evidence that the item had no material defects upon delivery.

8. Liability

Radius Tours shall only be liable in cases of willful breach of duty, delay, impossibility, unlawful acts, and other legal grounds (excluding pre-contractual breaches) in cases of intent and gross negligence.

The scope of liability of Radius Tours under the Product Liability Act remains unaffected.

9. Miscellaneous

German law applies to the legal relationships between Radius Tours and customers, as well as to the respective terms and conditions.

For all contracts, the German language is the authoritative contractual language. Translations are for informational purposes only. The application of the United Nations Convention on Contracts for the International Sale of Goods dated April 11, 1988, is excluded.

The customer has no right to obtain specific goods or services. There is also no right to set-off or retention unless the claim is undisputed or legally established.

If individual provisions of this contract are wholly or partially invalid or lose their legal validity later on, the validity of the contract as a whole shall not be affected.

10. Jurisdiction, Severability Clause

Exclusive place of jurisdiction is Munich or any other statutory place of jurisdiction at the option of Radius Tours, provided the customer is a merchant within the meaning of the German Commercial Code or a public entity.

Otherwise, the respective legally required place of jurisdiction applies to the consumer in their home country.

The legal invalidity of individual parts and provisions of these terms and conditions does not affect their validity otherwise.

(Part B)

Bicycle Rental

11. Principles of Use

Radius Tours rents bicycles of all kinds to registered customers, subject to availability, for “personal use.” The term also includes e-bikes, pedelecs, cargo bikes, etc. The transfer or provision of the rental bike to third parties is generally not permitted and requires prior approval from Radius Tours in exceptional cases.

12. Customer Data, Registration Information

The customer is responsible for ensuring that the electronic registration information assigned by Radius Tours is protected from unauthorized access by third parties. The customer is obliged to inform Radius Tours immediately if there are indications of abusive use of their registration information.

13. Price List, Invoicing

The calculation of services is based on the prices valid at the beginning of each individual use. The current valid tariff can be found in the price list on the Radius Tours website.

The sending of an invoice (upon customer’s request) is done via email or in the Radius Tours store.

Any objections to charges must be made in written form within one month after the invoice is issued. The customer can only offset undisputed or legally established claims against Radius Tours’ claims.

14. Condition of the Rental Bike

Before starting the ride, the customer must familiarize themselves with the general functionality of the rental bike and inspect it for any obvious defects that may impair road safety. The customer must report any defects immediately and refrain from further use.

15. Terms of Use, Unauthorized Use

The customer is obliged to always comply with traffic regulations. The bike may only be parked in public spaces and not in contradiction to public-law regulations. The following cases are considered unauthorized, contractually non-compliant use:

  • Riding under the influence of drugs or alcohol (0‰ limit)
  • Improper use of the bike’s transport facilities
  • Modifications or alterations to the bike
  • Use by persons who have not reached the age of 14
  • Transport of flammable or dangerous substances
  • Participation in bike tests or races
  • Subletting or transfer of use to third parties
  • Carrying additional passengers, especially small children

    16.Liability of Radius Tours

Radius Tours shall only be liable to the customer for intent and gross negligence, as well as for negligence resulting in harm to life, body, or health. For other negligent breaches of material contractual obligations (cardinal duties), Radius Tours’ liability is limited to contractual, i.e., foreseeable damages, regardless of the legal basis. Otherwise, liability is excluded. Radius Tours is always exempt from liability in the event of unauthorized and/or unlawful use of the bicycle by the customer.

17.Customer Liability

The customer is liable for damages caused by them, resulting from loss or damage to the bike. If the customer did not intentionally or grossly negligently cause the damage, the liability is limited to a maximum amount of:

  • €500 for city bikes
  • €800 for sport and trekking bikes
  • €3,000 for e-bikes

for repair or replacement.

18.Theft, Administrative Offenses

The customer must immediately report the theft of a bike during the rental period to Radius Tours and to a local police station. Subsequently, the police case number is to be provided to Radius Tours.

In cases where fines for administrative offenses are imposed by authorities, Radius Tours reserves the right to pass them on in full to the offender.

19.Accidents, Third-Party Damages

In the event of accidents involving third-party property or persons, the customer is obliged to immediately notify both the police and Radius Tours.

20.Contract Duration and Termination

The term of the rental agreement depends on the selected tariff. The right of Radius Tours to terminate for cause remains unaffected. Termination can be done in writing or in written form (e.g., email).

In the event of termination, the rented item must be returned to Radius Tours (at the location of rental or delivery) immediately by the customer. The customer’s right of retention is always excluded.

(Part C)

Events / Tours

21.Principles of Booking

The following conditions apply to all contracts that Radius Tours concludes with a customer regarding the city tours and sightseeing tours offered in the store or “online shop” and other various tourist activities, which are conducted by Radius Tours or third parties.

The subject of the contractual conditions is the ticket sale and the implementation of the respective described event. If the implementation of the event is affected, the statutory regulations also apply additionally.

22.Conclusion of Contract

By submitting their written, telephone, or electronic registration, the customer makes a binding offer to Radius Tours to conclude a contract. The contract is concluded when Radius Tours confirms the booking to the customer/recipient of the service in writing based on the conditions.

Radius Tours can accept the customer’s offer by sending a written order confirmation or an order confirmation in written form (fax or email) to the customer or by providing the ordered ticket to the customer or by requesting payment from the customer after they have placed their order.

23.Service Agreement

The contractual service of Radius Tours results from the service description as well as the additional services listed in the booking confirmation. Additional agreements that change the scope of the contractual services are only valid if they are agreed upon in written form.

The contract between the customer and the service provider is not presented in a separate contract text. The content of the contract arises from the ordered product, i.e., the description of the activity selected by the customer, and the provisions of Radius Tours.

24.Revocation / Right of Revocation

The customer’s cancellation or cancellation of the booked tour or event is possible at Radius Tours – regardless of the statutory right of revocation – up to 24 hours before the start of the booked service.

Up to 24 hours before the start of the booked service, a 100% refund of the amount paid by the customer or the free rebooking of a tour will be made.

The exception to this “principle” at Radius Tours is the so-called “Oktoberfest Tour”; no changes / cancellations are possible after the booking of the service by the customer.

In the case of “cancellations” of registration within the period of 24 hours or in the case of unannounced “no-show,” the customer is always obliged to pay 100% of the agreed price. Within the period of 24 hours before the start of the service, no adjustments or changes are possible.

The cancellation or revocation must be made in written form (e.g., email, text message).

25.Exclusion

The customer’s right to assign their claims from the contract to third parties is excluded. Likewise, the customer is not entitled to authorize a third party to assert their claims in their own name. The organizer reserves the right to exclude heavily intoxicated persons from a tour. In such cases, there is no entitlement to a refund of the paid amount or the assertion of claims for damages.

  1. 26.Liability / Liability Disclaimer

The organizer is liable, within the scope of the diligence of a prudent businessman, for the careful preparation and implementation of the tour. The liability of the organizer is always limited to the agreed services.

The organizer is only liable to the customer for damages caused by the organizer’s fault and only within the scope of the statutory provisions.

If essential contractual obligations are affected, the liability of the organizer is limited to foreseeable damages in the case of slight negligence. Essential contractual obligations are obligations that arise from the nature of the contract and whose violation would endanger the achievement of the purpose of the contract as well as obligations that the contract imposes on the organizer for the purpose of achieving the purpose of the contract and whose fulfillment makes the proper execution of the contract possible in the first place and on whose compliance the customer can regularly rely.

In the event of a breach of non-essential contractual obligations, the organizer’s liability is excluded for slight negligent breaches.

The organizer is not liable for services of third parties, even if the organizer acted as an intermediary here. If minors participate in a tour, the legal guardians are liable. The organizer assumes no supervisory obligations.

The organizer is liable in accordance with the statutory provisions for damages to life, body, and health resulting from negligent or intentional breaches of duty by the organizer, its employees, workers, staff, representatives, or agents.

The organizer is not liable for items lost by the participant. The organizer is also not liable for items damaged by other participants or third parties.

Insofar as the organizer’s liability is excluded or limited, this also applies to the personal liability of its employees, workers, staff, representatives, or agents. In collaborations with other business partners, the organizer is not liable for their offers.

A claim for damages for the slight negligent breach of essential contractual obligations is limited to the contract-typical, foreseeable damage unless liability is incurred for the violation of life, body, or health. This also applies to the liability of the organizer’s agents.

27.Other Provisions

The above GTC (Parts A to C) always apply in their entirety in the version viewable on the internet and in the business premises and in the respective updated form.

Current status: April 21, 2023

Radius Tours

Munich