Scope of application

BMH Köln Stadtführungen, hereinafter referred to as BMH, represented by Berno Maria Hübinger, Holunderweg 31, 50858 Cologne, offers digital city tours and digital city rallies in Cologne and the surrounding area. The following General Terms and Conditions apply to all services between BMH and a consumer. 

​

Subject matter of the contract

This website and the services, including all associated mobile applications and all offers and sales of products via the website, are owned and operated by BMH in cooperation with the software provider Espoto GmbH, Am Luftschiffhafen 1, 14471 Potsdam. Espoto GmbH provides the software for conducting digital city tours and digital city rallies. Bookings via the BMH website are subject to the general terms and conditions of the BMH website and the general terms and conditions of Espoto GmbH. 

 

These Terms and Conditions set out the terms and conditions under which visitors or users may access and use the Website and the Services to purchase Products. By accessing or using the Services, you agree to be bound by these Terms and Conditions. If you do not agree to all of the Terms, you may not access the Website or use the Services. 

 

You represent that you are of legal age and have the legal authority, right and freedom to enter into a binding agreement based on these Terms and to use the Services and purchase Products. If you are a minor, you must have your parent's or legal guardian's permission to use the Services or purchase Products.

 

Services

BMH offers you elaborated city tours and city rallies (hereinafter referred to as products) that you can access digitally on a smartphone, tablet or comparable electronic device with an access code. The products are fixed walkable routes with stations at which quiz questions or puzzles are set. BMH does not guarantee that the places, objects or items described are freely accessible or visible. Each product is developed in such a way that users always have a solution at their disposal and can follow the route through all the stations to the end. 

 

The existence of and access to all stations is checked by BMH at regular intervals. In the event of long-term or permanent disruptions on the route or at a station, BMH will create a feasible alternative as soon as BMH becomes aware of them.

 

BMH does not owe users any specific access to locations, objects or items that are not accessible due to current disruptions and events such as demonstrations, concerts, soccer matches and the like. No claim to a deviation from the fee paid can be based on such a variation. 

 

The purchased product is valid for an unlimited period of time. The validity ends when BMH goes out of business. 

 

Purchase of products

The purchase of products is subject to the conditions applicable at the time. If you purchase a product, you are responsible for reading the item description in full before making a binding purchase. The completion of an order on the Site constitutes a legally binding contract for the purchase of the relevant product.

 

You can select products from our product selection and add them to your shopping cart by clicking on the corresponding button. Our prices are listed on the site. We reserve the right to change our prices at any time and to correct unintentional pricing errors. These changes will not affect the price of products that you have already purchased. During checkout, you will be shown an overview of all the products you have placed in your shopping cart. The overview includes the main features of each product and the total price for all products. On the payment page, you also have the option of checking the products and quantities and, if necessary, changing, removing or correcting them. You can also use the editing function to identify and correct any input errors before placing your final binding order. 

 

To complete the order process, you must first accept these terms and conditions as legally binding for your order by ticking the relevant box. 

​

Right of withdrawal

According to the German Federal Court of Justice (BGH), tickets purchased online are considered to be the provision of a service in connection with a leisure activity in accordance with §312g Para. 2 No. 9 BGB. There is no right of withdrawal for such legal purchase contracts.

​

Liability

Liability is limited to the fulfillment of the agreed scope of services and is limited to the price of the product.

BMH is only liable in the event of intent, gross negligence, negligent injury to life, limb or health or slightly negligent breach of a material contractual obligation, and only in the case of fee-based services or the sale of products. A »material contractual obligation« means an obligation the fulfillment of which is a fundamental requirement for the proper performance of the agreement and on which you can normally and reasonably rely. Our liability for slightly negligent breach of a material contractual obligation is limited to the amount of usual and foreseeable damage for this type of contract.

​

Modification of the Terms and Services

BMH reserves the right to change these Terms from time to time, at our sole discretion, to reflect changes in the law or additional features we may introduce, or as we otherwise develop our business. You should therefore review these Terms regularly and in any event during the checkout process when you purchase Products. The new terms will apply to any new order you place after the effective date of the new terms. If any ongoing services you use are affected by the changes to the Terms, we will take reasonable account of your legitimate interests. 

 

Final provisions

The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. If the user is an entrepreneur within the meaning of Section 14 of the Austrian Commercial Code, the place of performance and exclusive place of jurisdiction shall be the registered office of the provider.

 

Should any part of these Terms and Conditions be deemed unlawful or unenforceable for any reason, it is agreed that such part of the Terms and Conditions shall be deleted and the remaining Terms and Conditions shall remain unaffected and in full force and effect.