General Online Ticket Terms and Conditions of Yellow Cab Verkehrsbetriebs GmbH

The following provisions (hereinafter referred to as „Terms and Conditions“) constitute the contractual basis for the legal relationship established between the customer and Yellow Cab Verkehrsbetriebs GmbH, represented by its managing directors Ralph Obermaier and Juan Guerrero, Luisenstraße 4, 80335 Munich, registered with the Munich District Court under HRB 73733, VAT ID No. DE129498217 (hereinafter referred to as „Yellow Cab“), through the purchase and acquisition of tickets via the website www.citysightseeing-muenchen.de for the “Hop-on/Hop-off” city tours offered in Munich (hereinafter referred to as the “Event”).

Note:
For better readability, gender-specific language forms (male, female, diverse) are not used. All personal designations apply equally to all genders.

• 1 Scope

1. These Terms and Conditions apply to all contracts for the purchase and acquisition of tickets (hereinafter: „Online Tickets“) for Yellow Cab Events concluded online via the above-mentioned Yellow Cab website.
2. During the booking process on the Yellow Cab website, express reference is made to these Terms and Conditions.
3. These Terms and Conditions do not apply to the execution of the Event itself, particularly the passenger transportation involved.
4. The execution of the Event, including passenger transportation, is subject – where applicable – to separate terms and conditions as well as applicable legal provisions.

• 2 Subject Matter and Conclusion of the Contract

1. These Terms and Conditions cover contracts for the purchase and acquisition of tickets for Yellow Cab Events. These Events are leisure services scheduled for a specific date or period. To gain access to the Events, customers must purchase tickets in advance, which can be acquired as Online Tickets with a QR code via the website. These tickets are bearer documents granting the right to participate in Yellow Cab Events.
2. Yellow Cab advertises its Events and the corresponding Online Tickets on its website. This does not constitute a legally binding offer but an invitation for the customer to submit an offer to conclude a contract (so-called invitatio ad offerendum).
3. By clicking the „Order with obligation to pay“ button in the final step of the booking process, the customer submits a binding offer to conclude a contract for the Online Tickets shown in the booking summary and accepts these Terms and Conditions as an integral part of the contract by checking the box “Our Terms and Conditions apply (click here to read and acknowledge them)”.
4. After submitting the binding offer, the customer receives an order confirmation along with acceptance of the contract offer by sending the Online Tickets for the chosen Event, thereby concluding the contract at the latest. If the customer is prompted for immediate payment (e.g., by being redirected to PayPal or entering credit card details immediately after booking), the contract is concluded at the time of this payment request.

• 3 Technical Steps to Conclude the Contract

1. The customer can reach the overview page of bookable Online Tickets via the „Book Now“ button or the „Online Booking“ tab in the header. There, the customer can select from various ticket types.
2. After choosing a ticket type and clicking „Buy ticket online,“ a selection window opens, allowing the customer to choose the number of tickets and ticket category (depending on participant age or family tickets). After selecting, the customer clicks „Continue“ to proceed to a page where personal data is entered and payment method chosen. The customer can review the details and confirm the binding order by clicking the „Order with obligation to pay“ button as described in § 2 (3).
3. Input errors can be corrected at any time until clicking the „Order with obligation to pay“ button by navigating back using the arrow symbols. The booking process can be canceled at any time by closing the browser window.

• 4 Contract Language, Storage, and Access to Contract Text

1. The contract language is exclusively German.
2. The customer can view, print, or save these Terms and Conditions at any time on the Yellow Cab website.
3. Upon delivery of the Online Ticket, the customer receives the contract text specifying the booked Event, including a link to these Terms and Conditions, via email.
4. Yellow Cab does not store the contract text. Only the booking data, including the acquired Online Tickets, are stored and accessible to the customer in a secure customer area.

• 5 Discounts on Online Bookings

1. Yellow Cab may, at its sole discretion, grant discounts on online bookings in the form of a percentage discount compared to the on-site ticket price. This discount (e.g., 10%) is automatically applied during online booking. Yellow Cab reserves the right to remove such discounts at any time, without affecting existing contracts.
2. Discounts shown during online booking apply only to Online Tickets.
3. Yellow Cab is not obligated to accept third-party discount codes or vouchers unless issued or offered by Yellow Cab itself.

• 6 Delivery and Validity of Online Tickets, Event Access

1. Online Tickets are sent by email and are not personalized. Entering a name is optional.
2. The Online Ticket is sent as a PDF with a QR code. To participate, the customer must present the PDF with the QR code (or as a wallet file) for scanning and invalidation. Once used, the QR code becomes void and cannot be reused.
3. The customer then receives a printed ticket (“Paper Ticket”):
   a) This Paper Ticket must be kept during the Event and shown upon request.
   b) Failure to show the Paper Ticket may result in exclusion from (further) participation.
   c) Lost or destroyed Paper Tickets are not replaced or refunded.
4. Presenting the Online Ticket’s QR code for scanning is required for access. Order confirmations or payment receipts do not constitute proof of booking and do not entitle entry.
5. The customer may not reproduce, duplicate, or alter the Online Ticket. Unauthorized copies do not grant access.
6. If payment is reversed (§ 8 (7)), the Online Tickets are automatically invalidated before entry.
7. The Online Ticket expires at the end of the third calendar year following purchase and can be used anytime within that period for an Event.

• 7 Transfer of Online Tickets and Paper Tickets

1. Customers may not purchase Online Tickets solely for commercial resale unless otherwise agreed in writing.
2. Since the Online Ticket is not personalized, it may be transferred free of charge to a third party before the QR code is scanned. Non-commercial resale to private individuals for the original price plus any proven acquisition fees/costs (up to a maximum of 25% of the original price) is permitted before scanning. After scanning, the ticket is non-transferable.
3. Selling to commercial resellers is prohibited without Yellow Cab’s prior written consent.
4. Breaches entitle Yellow Cab to invalidate the tickets without replacement.
5. The Paper Ticket is non-transferable. Transfer or resale is prohibited and breaches entitle Yellow Cab to invalidate the Paper Ticket and exclude the holder immediately.

• 8 Prices and Payment

1. Valid ticket prices are listed on the Yellow Cab website.
2. Yellow Cab may adjust prices anytime, but not for existing contracts.
3. All prices include VAT where applicable.
4. The ticket price is due upon contract conclusion (§ 2 (4)). Payment options include credit card (Visa/MasterCard) and PayPal:
   a) Credit Card: Only Visa/MasterCard accepted; charged immediately upon successful payment.
   b) PayPal: Customer is redirected to PayPal and charged immediately after successful payment.
5. There is no entitlement to specific payment methods, but at least one free option is always available.
6. Additional fees may apply for bookings from outside the EU, beyond Yellow Cab’s control (e.g., bank transfer fees, exchange rate fees).
7. Unauthorized chargebacks („Charge Backs“) are a breach of contract and any resulting costs are borne by the customer. Yellow Cab reserves the right to claim damages.
8. An invoice per § 14 UStG will be sent with the Online Ticket via email.

• 9 Exclusion of Right of Withdrawal

By law (§ 312g BGB), there is no right of withdrawal for contracts related to passenger transport or leisure services scheduled for a specific date/period. Thus, bookings are binding immediately upon contract conclusion (§ 2 (4)) and obligate acceptance and payment.

• 10 Cancellation or Modification by Yellow Cab

1. If Yellow Cab is prevented from offering an Event during the ticket’s validity period for reasons within its control, the customer is entitled to a full or partial refund. Requests must be submitted in writing with date, period, reason, and bank details.
2. No refund is granted for changes due to circumstances beyond Yellow Cab’s control if the Event remains essentially unchanged and the customer can still participate. Any changes will be posted promptly on the website.

• 11 Cancellation, Return, Exchange

Yellow Cab does not provide any contractual right to cancel, return, or exchange Online Tickets unless agreed in writing at contract conclusion.

• 12 Limitation of Liability

1. Yellow Cab is fully liable for damages caused intentionally or by gross negligence, or resulting in injury to life, body, or health, as well as for mandatory legal liabilities (e.g., Product Liability Act), warranties, or fraud.
2. For slight negligence, liability is limited to breaches of essential contractual obligations and to typical foreseeable damages.
3. These provisions also apply to Yellow Cab’s legal representatives and vicarious agents.

• 13 Data Protection

For information about how customer data is processed, refer to Yellow Cab’s Privacy Policy at: https://www.citysightseeing-muenchen.de/datenschutz/

• 14 Dispute Resolution for Consumers

1. The EU Commission provides an online dispute resolution (ODR) platform at https://www.ec.europa.eu/consumers/odr. Yellow Cab’s email: info@citysightseeing.de
2. Yellow Cab is not obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

• 15 Final Provisions

1. Conflicting or deviating customer terms do not apply unless Yellow Cab explicitly agrees in writing.
2. German law applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). For EU residents, mandatory consumer protections remain unaffected.
3. Exclusive place of jurisdiction is Munich for merchants, legal entities under public law, or special funds under public law. For consumers who relocate from Germany or whose residence is unknown at the time of legal action, Munich is also the venue.
4. If any provision is invalid, the remaining provisions remain unaffected; statutory provisions replace invalid clauses where applicable.