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By making the booking I accept these standard terms and conditions of business and the data protection provisions of “Turbopass GmbH”.


Standard Terms and Conditions of Business of Turbopass GmbH


I. General


These standard terms and conditions of business (referred to below as “STC(s)”) apply exclusively for consumers i.e. such natural persons whose use of the services of Turbopass GmbH cannot be attributed to their commercial or professional activities.


Via an electronic booking platform, Turbopass GmbH (referred to below as “Turbopass”) markets and procures, in its own name and on its own account, other services of third parties, e.g. entrance tickets and tickets to participate in tours. Turbopass does not provide any of the services, events or other activities itself, but offers these either individually or in a package – as City Passes or combined tickets, for example. The actual service is provided by a third party, referred to below as the “Service Provider(s)”. The Service Providers are solely liable for the provision of the services booked. The services shall be provided on the basis of any conditions of use or STCs of the Service Provider. Turbopass itself has no obligation to provide the services booked. Its sole obligation is to ensure that the Turbopass ticket gives the customer the right to conclude a contract with the Service Provider on the terms and conditions stipulated when the booking is made, without the customer having to pay for the services again.


The services marketed by Turbopass are directed towards a specific service within a specified validity period.


The conclusion of a contract with Turbopass is governed exclusively by such version of the following STCs as is valid at the time of the booking. The customer agrees to the STCs by accepting them during the order process so that these terms and conditions become part of the contract. The STCs can be viewed, printed and saved locally at any time by visiting www.turbopass.com/terms-and-conditions. In addition, the terms and conditions are sent by email with the order confirmation and ticket after the contract is made.

 

 

II. Booking process and conclusion of contract


The customer selects one or more products and clicks on “Shopping cart”. As part of the subsequent booking process, the customer then enters the first day of validity for the Turbopass ticket, his personal data and billing information, selects the payment method and clicks on the “buy” button. By clicking “buy”, the customer makes an offer to enter into a contract.


By allocating a transaction number and sending the booking confirmation, either by post or electronically, Turbopass accepts the offer to enter into a contract.


No guarantee is given that the information contained on the Turbopass booking portal is correct and up-to-date. The booking confirmation sent to the customer is decisive for the definition of the subject matter of the service.


Turbopass has the right to cancel a customer’s order for which a transaction number has already been allocated if the customer is in breach of the terms and conditions established by Turbopass or the Service Provider. This unilateral right of cancellation applies to breaches of terms and conditions which the customer has been given notice of within the course of the sale. Cancellation can also take place by implication, by crediting the amounts paid. Upon declaration of the cancellation, the Turbopass tickets will be electronically stored on the system as invalidated, or reclaimed unused in case of documents sent by postal mail, so that it will no longer be possible to access the Service Provider’s services with them.


 

III. The Turbopass Ticket


Depending upon the mode of dispatch available, after purchase, the Turbopass ticket will either be emailed to the e-mail address provided, sent to the postal address specified by the customer in the booking process, or will be made available for pick up. The Turbopass tickets or single components of the Pass are given a clear code. This code will be checked by the relevant Service Provider.

 

If the Turbopass ticket has not yet been redeemed, if the validity period is correct and if all other potentially necessary details are filled in, the Turbopass ticket or the single components of the Pass entitle the bearer to conclude a contract with the Service Provider without any further payment for the service. The customer will then be granted access to the service booked. After the individual code has been scanned, or after a corresponding voucher has been received, the ticket or single components of the Pass are invalidated so that it does not entitle the bearer to re-use the service.

 

Tickets issued by Turbopass are not transferrable. It is not permitted to duplicate, edit or tamper with the Turbopass ticket. If Turbopass has grounds to suspect that there has been any unauthorized duplication, it has the right to pass any stored information to the Service Provider and commence legal action.


Unless otherwise provided, a Turbopass ticket entitles the bearer to use the service booked with the Service Provider on one occasion only. If any ticket value is not fully expended or the service is not fully used, the unused difference will be forfeited. A refund will not be given.


Some Turbopass tickets specify a validity period. The Turbopass ticket is then only valid on a specified day or within a specified period. Use of the Service Provider’s service can only be made within the specifiedvalidity period.

 


IV. Warranty & Liability

 

Turbopass warrants that the Turbopass ticket entitles the bearer to use the Service Provider’s service.


If the Service Provider refuses to provide the customer with the service booked through Turbopass through no fault of the customer, any claims of the customer against Turbopass arising therefrom shall be limited to a proportionate refund of the purchase price. Any statutory rights arising from a culpable breach of duty by Turbopass are not hereby affected.


Turbopass provides no warranties for the service acquired from the relevant Service Provider. The relevant service is provided by the Service Provider in its own name and on its own account and therefore Turbopass is not liable for any breach of the Service Provider’s duties.


If, for circumstances beyond the control of Turbopass, one or more of the services booked cannot be provided or cannot be provided on the date originally booked, Turbopass will notify the customer without delay (also by releasing information on the Turbopass website) provided that Turbopass is aware of them. The customer has the possibility to use another service out of the purchased varied pass package. Only if the customer should not be able to visit a compensatory service or already used all the other services, Turbopass will simultaneously offer the customer either a ticket for comparable services, a new start date for the validity period or a partial repayment of the purchase price. If the customer does not accept any of the alternatives prior to the start of the validity period, all rights of the customer to compensation for the services that were not provided shall lapse.

 

If, contrary to expectation, problems arise when redeeming Turbopass tickets, Turbopass will try to find a solution. In this event the customer can contact Turbopass by email at 

or by telephone: (0049) 40 - 87 88 098-50.

 

V. Cancellation & Refund


Customers can cancel their Turbopass tickets without charge up until 1 day prior to the validity period. A cancellation fee of 20 € is applied per Pass when canceling the order.


A short email to

specifying the transaction number is sufficient for this purpose. Upon receipt of this email by Turbopass, the Turbopass ticket will lose its validity.


If the customer has been sent Passes, paper Passes, paper tickets or other entry permits, the costumer has to return all components at their own cost and risk to Turbopass GmbH, within 15 days after the first day of validity. The tickets must be unused and undamaged, eventual seals must not be broken and the tickets must not bear any notes or inscriptions.

 

A refund for purchased tickets, less the cancellation fee per each Pass, will only be transferred after the Pass has been returned to Turbopass and has been checked there. In all other cases, where no Pass had been sent to the customer yet, Turbopass will refund the purchase less the cancellation fee immediately.


Turbopass assumes no liability for loss, theft, destruction or unauthorized use of Turbopass documents. In cases of "force majeure" or strikes, reimbursement will be made in goodwill only. Turbopass assumes no liability for spelling mistakes in the recipient's e-mail address or incorrectly stated dates during the booking.

  

VI. Functionality of the website

 

Turbopass reserves the right to alter, limit or discontinue the scope and functions of the website at any time if these are not necessary for the execution of contracts which have already been concluded. Although Turbopass endeavors to provide its service free from technical disruptions, maintenance work, further developments and other disruptions can limit or temporarily interrupt its potential use. In some circumstances this can cause data to be lost. Therefore Turbopass does not guarantee the availability of the service or that there will be no technical disruptions or loss of data.

 


VII. Reviews, comments and use of other interactive components


With the submission of content and information on this website (including, but not limited to reviews, tips, and photographs), you warrant that you are the owner of these content and therefore have copyright rights to these content. By submitting content, you also agree to allow Turbopass GmbH and its affiliates a nonexclusive, royalty-fee, perpetual, transferable and irrevocable and fully sub licensable right to use the submitted content in any form now known or hereafter devised (more specifically online content, print, television, and telecommunication platforms). You agree to grant third-party usage rights to Turbopass GmbH. These usage rights include the reproduction, distribution, delegation rights, as well as the right to publicly reproduce and make available the photography and audio recordings that are submitted on the Turbopass website. The original context and idea of reviews, tips, and photography that are submitted to the Turbopass website will be retained. The aforementioned rights are revocably granted, provided that the submit-ted photography include persons.


If you do not hold the rights of the submitted content on the Turbopass website, you guarantee that you have gathered all legal assignments, licenses, permissions, etc. that are necessary for the submission of the content. In the case you have failed to obtain one of more of these permissions for your submitted content, you free Turbopass GmbH from any liability to third parties and hold us harmless to the fullest extent.


Turbopass GmbH also reserves the right to add advertisements to the periphery of their publicly accessible contents (regardless if these are being used by another party) and/or carry out other promotional measures. Users explicitly agree to these conditions.


Users agree that pictures and text may be moved to other sections for the sake of creating an optimal website layout, and that pictures may be scaled down. Furthermore, users agree that also other contents may be edited or deleted by the Turbopass GmbH in order to preserve moral rights. Contents may also be translated into different languages by the Turbopass GmbH.


 

VIII. Resale

 

The commercial resale of Turbopass tickets or their use for purposes that are not exclusively private (e.g. commercial raffle, auction, competition) is not permitted unless Turbopass provides consent. Such consent will not be unreasonably withheld. In the event of a breach of this condition, Turbopass reserves the right to claim compensation.



IXRedemption Conditions for Turbopass (Gift) Vouchers


1. General

For the redemption of (gift) vouchers and gift cards on www.turbopass.de or www.turbopass.com, the General Terms and Conditions and Data Protection Regulations of Turbopass GmbH apply and can be viewed on their respective websites. A cancelation of voucher orders by our customer service personnel can only be carried out if the voucher has not yet been redeemed. Turbopass can inform the buyer of the gift voucher(s) regarding the status of the redemption of their gift voucher(s).


2. Supply of Gift Vouchers

Turbopass gift vouchers are generally sent free of charge via email in the form of a PDF document to the email address provided by the customer. Upon request, the voucher can also be sent to the customer by mail, in the form of a gift card, to the delivery address provided by the customer. For this purpose, delivery costs are to be borne by the customer. The customer may select this mailing option during the order process.

We cannot guarantee mail delivery time for Turbopass gift cards. Goods leave our storage facilities five days a week; the postal service does not deliver on Sundays or public holidays.

Turbopass reserves the right to change or discontinue this offer at any time and without prior notification.


3. Redemption

Turbopass (gift) vouchers can only be redeemed at www.turbopass.de or www.turbopass.com for products that are permitted for purchases with vouchers. Purchases will be deducted from the credit on the voucher. Any other unused credit can be redeemed at a later point in time and will not be forfeited. The remaining credit will be automatically sent to the email address provided in the form of a new voucher code upon voucher redemption. Should the value of the purchase exceed the credit on the voucher, the difference must be settled via a different method of payment. The buyer can find out about the status and redemption of purchased vouchers at Turbopass GmbH at any time. In order to see the existing credit on your voucher, please contact our customer service department. There are no fees for the redemption of vouchers. Gift vouchers can be redeemed in “shopping carts” as credit (“gift voucher”).


4. Limitations

Vouchers, including any unused partial amounts, shall expire three years after the issue of the voucher. Vouchers may only be redeemed at www.turbopass.com and www.turbopass.de. Vouchers cannot be used to purchase other vouchers. Vouchers may not be topped up, resold, or redeemed for cash, except in cases where this is legally required. Vouchers are not personal and can therefore be passed on to third parties.

Only one voucher code may be redeemed per order. A combination of different voucher codes is not possible.


5. Risk of Loss

If applicable, risks of loss and property rights of vouchers shall be transferred to the buyer or recipient, either upon electronic delivery or transfer to the courier (mail) service. We accept no liability for loss, theft, destruction, or unauthorized use of vouchers. In the event of incorrectly spelled email addresses of voucher recipients, Turbopass assumes no liability.


6. Fraud

We are entitled to close customer accounts concerned and request an alternative method of payment if a fraudulently obtained voucher is redeemed and/or this is used for purchases from Turbopass. In the event of fraud, attempted fraud, or deception, or if there is suspicion of other illegal activities in connection with a gift voucher purchase or a voucher redemption, Turbopass is entitled to close the respective customer accounts and/or request an alternative method of payment. There shall be no entitlement to activate or redeem vouchers concerned.


7. Limitation of Liability

We accept no liability (neither explicit nor implicit) regarding vouchers, including but not limited to the explicit or implicit guarantee of fitness for use and suitability for a specific purpose. If a voucher does not work, the customer’s entitlement and our liability shall be limited to the replacement of said voucher. Should such limitations of tacit liability for defects or the exclusion or limitation of certain compensation for damages be impermissible due to applicable law, the above noted liability exclusions or limitations for you may be partially or completely invalid, or you may have additional rights.


8. General Conditions

The Turbopass Conditions of Sale and Use apply. The vouchers are issued by Turbopass GmbH, Registergericht (registry court) Hamburg, HRB (commercial register number) 127904, company seat: Fuhlsbüttler Straße 399 b, 22309 Hamburg, issued sales tax identification number: DE 290395711. By purchasing, accepting, or redeeming a voucher, you agree to these provisions, subject to German law. We reserve the right to make changes to these provisions at any time at our discretion. All provisions are applicable to the extent permitted by law.


9. Customer Service

In the event of any complaints or questions, please contact our customer service department.

 

 

X. Copyright

 

Turbopass reserves the copyright and other rights in or to the service and the published content, information, pictures, videos and databases. It is therefore expressly forbidden to alter, duplicate, publish, pass on to third parties or otherwise exploit the above-mentioned content without the prior written consent of Turbopass. The same applies to such content belonging to the Service Provider.

 


XI. Closing Conditions


If a current or future provision of the contract should be or become wholly or partially ineffective/invalid or infeasible for a reason other than by virtue of §§305-310 of the German Civil Code (BGB), this shall not affect the remaining provisions of this contract, unless the performance of the contract should pose unreasonable hardship for one of the parties. The same shall apply if, after the conclusion of the contract, a gap appears which requires supplementing. In place of the ineffective/invalid provision, the relevant statutory provisions shall apply.

 

German law shall apply, excluding the provisions of the UN Convention for the International Sale of Goods (CISG).

For contracts with merchants, it is agreed that Hamburg shall be the exclusive place of jurisdiction.

 

Standard Terms and Conditions of Business, June 2016