These General Terms and Conditions are subdivided into:
II. General Terms and Conditions of Dream Local (intermediary)
III. General Terms and Conditions of the Supplier of tours, leisure activities, workshops, classes, retreats or other local services (referred company)
Within the scope of an intermediary service, Dream Local shall provide the visitors and Suppliers of tours, leisure activities, workshops, classes, retreats or other local services with this booking Platform. Contracts for tourist services are to be concluded directly between the users of this booking Platform and the Suppliers tours, leisure activities, workshops, classes, retreats or other local services. Dream Local is not a contract party with regards to the local services offered on this booking Platform.
1. Who operates this website?
This website is provided by The Do GmbH, Novalisstrasse 12, 10115 Berlin
You can contact us by email: firstname.lastname@example.org or by phone: +49 (0) 30 847 11 88-0
Bookings through the Platform are subject to the General Terms and Conditions of Dream Local as well as the General Terms and Conditions of the Supplier.
3. No offer
The information on this Website is for general informational purposes only. Information on this Website does not constitute an offer binding to us. Binding agreements with suppliers of activities available on the Website require a booking request through the Dream Local Platform and the supplier's acceptance of the booking request according to the General Terms and Conditions of Dream Local.
4. No warranty
While Dream Local tries to ensure that the information in or through the Website is accurate, it does not provide any warranties, express or implied, in relation to its correctness, completeness, current, reliability, suitability for any purpose or otherwise (including for any information provided by third parties). Dream Local may change, add or remove information on the Website and its structure and functions at any time at its sole discretion, without specifically informing of any such change, and without removing outdated information or characterizing it as such. Dream Local may also block Users from accessing the Website or parts of it, or requires certain conditions to be fulfilled for such access. Dream Local does not provide any warranties, express or implied, in relation to the availability of the Website or its functions, that the Website is free from defects, or that the Website and the infrastructure on which it runs is free from viruses and other harmful software. Moreover,Dream Local does not guarantee that information available on the Website has not been altered through technical defects or by unauthorized third parties.
5. Limitation of liability
Dream Local excludes its liability, and that of its agents and independent contractors, and its and their employees and officers for damages relating to your access to (or inability to access) the Website, or to any errors or omissions, or the results obtained from the use, of the Website, whatever the legal basis of such liability would be, except liability for damages caused willfully or through gross negligence, and only to the extent permitted by applicable law. Restrictions of liability do not apply within the scope of guarantees issued, in the event of an injury to life, limb or health or for claims based on product liability regulation.
6. Third party content, links to other websites
Dream Local does not assume any responsibility for third party content (including any activities available for booking requests, and information relating to such activities) that may be available through the Website, and for content linked to the Website or which are linked to from it or referred to.Dream Local does not recommend or endorse such content, and will not have any liability relating to it. Where Dream Local links to third party websites, you use such websites at your own risk. We recommend reading the policies of these websites and review how these websites may process personally identifiable data relating to you.
7. Intellectual property rights
As between you and Dream Local, the Website is and remains protected by copyright and/or any other intellectual property rights (including protection granted through unfair competition law). You acquire no rights in the Website, and in any names, trade names, and distinctive signs of any nature (including trademarks) published on the Website. You may access and view the Website, but not incorporate it into other websites, and not copy, present, license, publish, download, upload, send or make it perceptible in any other way without our prior written consent.
9. Applicable law and jurisdiction
The law of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods. If you have placed the order, as the consumer, and at the time of the order your normal place of residence is in another country, the application of the mandatory legal provisions of this country remain unaffected by the choice of law in clause 1. The exclusive place of jurisdiction is Berlin, provided the user is a tradesperson as per the German Commercial Code or does not have a permanent place of residence in Germany when the suit is filed. The legally-binding places of jurisdiction remain unaffected by this.
II. User Terms and Conditions for the online offer of Dream Local Platform
1.1 The Do School Innovation Lab GmbH (hereinafter referred to as ”Dream Local”), Novalisstrasse 12,10115 Berlin, Germany runs an intermediary Platform for tours, leisure activities, workshops, classes, retreats or other local services in the form of an online offer via the internet (hereinafter referred to as the “Dream Local Platform”). On the Dream Local Platform users have the chance to find and book tours, leisure activities, workshops, classes, retreats or other local services in Germany. The offers are placed online by a range of local Partners around Germany (hereinafter referred to as “Suppliers”) with whom the respective contract for services is concluded (“service agreement”). The Suppliers’ services can be accessed via the Dream Local Platform and bookings can be made.
1.2 Dream Local approaches both, consumers and companies. For the purposes of these General Terms and Conditions, the following applies:
a. A “consumer” is any individual person who has concluded a contract for purposes which cannot be predominantly assigned to commercial or independent work activities (Section 13 German Civil Code – “BGB”).
b. A “company” is a natural person or legal entity, or a partnership, which is performing its commercial or independent activities by concluding this contract (Section 14, paragraph 1, BGB).
c. The “user” denotes a natural person, unless this person has been explicitly registered with Dream Local as a legal entity. The actions and omissions that take place during the registration of a legal entity are allocated to a natural individual, unless they are carried out within the framework of their power of attorney for the legal entity. The “user” subsequently also includes users referred by sub-agent or distribution partners.
2. Subject matter of part II of these General Terms and Conditions
These General Terms and Conditions apply to any use of the Dream Local Platform, such as via the internet and apps. The contractual relationship between the user and Dream Local generally only comprises the proper referral of users to the respective Supplier. Dream Local does not appear itself as the organizer, lessor, seller or other contract partner with regards to the service agreement with the user. Consequently, part II of the General Terms and Conditions of Dream Local shall apply to offers on the Dream Local Platform and the provision of users to the Supplier. The contractual conditions of the Supplier, as per part III of these General Terms and Conditions, apply to the respective tourist service agreement between the user and the Supplier.
3. Services of Dream Local/Conclusion of contract
3.1 Once the user has entered his/her desired service on the Dream Local Platform (e.g. type of tour, start time, number of participants & price options), Dream Local shall show the user the information about the Suppliers’ services (“service information“). Based on this information, the user can, where applicable after checking availability, make a contractual offer, by placing an offer, to be sent to the respective Supplier, whereby the sub-intermediates act on behalf of the referred user. This happens, after the selection and transfer to the shopping basket, by clicking on the button “confirm and book”.
3.2 Dream Local shall provide the user with a booking confirmation issued in the name of, and on behalf of, the Supplier, as well as a payment confirmation. The use of the Dream Local Platform itself is essentially free of charge for the user. The costs for the technical access to the Dream Local Platform (e.g. internet access) are to be borne by the user. Dream Local is permitted to collect the invoiced amounts in the name of, and behalf of the Supplier.
3.3 Dream Local shall forward the user any data for the use of a Supplier’s service according to the applicable conditions (such as ticket data), once they have been received by the Supplier.
3.4 Dream Local assumes no guarantee for the accuracy of forwarded data, or for the performance of services by the Supplier, as all the information indicated and forwarded is based on data from Suppliers, which Dream Local cannot check in detail.
4. Payments on Dream Local
4.1 The service agreement concluded with the Supplier shall apply to the fees to be paid by the user for the services of the Supplier.
4.2 Dream Local is permitted to collect the invoiced amounts in the name of and on behalf of the Supplier, provided nothing else has been explicitly stated in the Supplier’s invoice. All transactions will be paid and processed in euros.
4.3 The contact partner, and contract partner, of the user in connection with the service agreement and its payment, is the respective Supplier. The user can only assert the repayment of a payment to the respective Supplier. A refund granted by the Supplier can also be processed by the Supplier via Dream Local. To simplify the process for the user, communication via Dream Local Platform is recommended.
4.4 To use the payment functions of Dream Local, the user has to enter correct payment information. Dream Local can reject the payment method specified by the user. The user will be notified of the payment methods permitted for the respective service during the order process.
4.5 Upon the authorization of the payment, the user consents to his/her payment information being used for the collection of payments by the creditor.
5. Pricing of Dream Local
5.1 All prices on Dream Local are quoted per person and include VAT and all other taxes.
5.2 These prices specified by the Suppliers may be subjected to special conditions, for example with regards to cancellation and the refunding of payments made. Before making the booking, please check precisely whether the respective service agreement is subject to separate conditions.
6. Duties and obligations of the user
6.1 After receiving the service information, the user can send any orders to Dream Local for forwarding to the Supplier.
6.2 The user shall exempt Dream Local from third-party claims based on his/her use of the Dream Local Platform, unless they are the fault of Dream Local.
7. Availability and warranty
7.1 There is no claim for availability, quality or service features, or technical support for the Dream Local Platform. Dream Local can redesign, reduce or suspend their online portal at any time, at its discretion. Existing agreements of the user with a Supplier, as well as the execution of these agreements, remain unaffected by these changes.
7.2 Dream Local makes no guarantee or warranty for the accuracy or completeness of data provided by third parties (such as Suppliers).
7.3 Dream Local makes no guarantee or warranty for the services provided by the Suppliers. The contact partner of the user in the event of questions and claims in connection with a service agreement and its execution is the respective Supplier.
7.4 Provided Dream Local does not have any obligation to the user, Dream Local also provides no guarantee.
8. Liability of Dream Local
8.1 If Dream Local has not assumed a corresponding contractual obligation by means of an explicit agreement with the user, it is not liable for the realization of corresponding agreements with Suppliers in line with the booking request of the user.
8.2 Without explicit agreement or an assurance of this kind, Dream Local is not liable for defects in the performance of the service and personal or material damage incurred by the user in connection with the service provided, concerning the services provided.
8.3 Any liability of Dream Local due to the culpable violation of obligations in the brokering of contracts remains unaffected by the aforementioned conditions.
8.4 The liability of Dream Local for contractual claims of the user is limited to three-times the price of the tourist services procured, except for:
Any violation of a key obligation, which needs to be fulfilled in order to allow the proper execution of the brokering agreement or the violation of which endangers the fulfilment of the contractual purpose
Liability for damage incurred by the user due to the injury to life, limb or health, which is based on a negligent breach of duty by Dream Local or a vicarious agent of Dream Local
Liability ofDream Local for other damage incurred by the user due to a grossly-negligent breach of duty by Dream Local or a willful or grossly-negligent breach of duty by a legal representative or vicarious agent of Dream Local.
8.5 For ordinary negligence, Dream Local is only liable for the violation of a key contractual obligation and only for foreseeable and typical damage. Key contractual obligations are obligations which need to be fulfilled to make the proper execution of the contract possible and whereby the user can regularly rely on them being met.
8.6 Restrictions of liability do not apply within the scope of guarantees issued, in the event of an injury to life, limb or health or for claims based on the product liability law.
9. Data protection
9.1 Dream Local collects and uses personal data of users to the extent that is necessary for the creation, design of content or modification of the contractual conditions for Dream Local between the user and Dream Local.
9.2 If Dream Local is involved in the communication for a service agreement between the user and the respective Supplier, it shall transfer the data required for this agreement to the respective Supplier. This Supplier processes and uses the data to initiate, conclude and execute the contract on its own responsibility. The identity of the respective Supplier can be taken from the booking dialogue.
10. Changes to these General Terms and Conditions
10.1 Dream Local reserves the right to change these General Terms and Conditions at any time and without stating the reasons. Dream Local will only make changes affecting the user, which the user must agree to in consideration of mutual interests. This concerns, for example, cases where the equivalence principle has been disturbed, as well as loopholes and changes in legislation. The amended conditions will be sent to the users by e-mail at the latest two weeks before they come into effect. If a user does not reject the validity of the new General Terms and Conditions within two weeks of the receipt of the e-mail, the amended General Terms and Conditions are deemed to have been accepted. Dream Local will notify the user, in the e-mail containing the amended conditions, of the importance of this two-week deadline.
10.2 These Terms and Conditions can be amended at any time and without notice for future intermediation of contracts with Supplier. The respective conditions valid for each individual contract conclusion shall apply.
11. Other provisions
11.1 These General Terms and Conditions represent the whole agreement between Dream Local and the user. No additional agreements exist.
11.2 The law of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods. If you have placed the order, as the consumer, and at the time of the order your normal place of residence is in another country, the application of the mandatory legal provisions of this country remain unaffected by the choice of law in clause 1. The exclusive place of jurisdiction is Berlin, provided the user is a tradesperson as per the German Commercial Code or does not have a permanent place of residence in Germany when the suit is filed. The legally-binding places of jurisdiction remain unaffected by this.
11.3 If provisions of these General Terms and Conditions are or become invalid, this shall not affect the validity of the rest of the provisions.
III. General Terms and Conditions of the Supplier of services
Part III of these General Terms and Conditions applies to all contracts concluded between the Suppliers and the users via the Dream Local Platform.
2. Truthful details
The details transferred via the Dream Local Platform must be truthful. The Supplier reserves the right to withdraw from the contract or to exclude users from participating in the service and to demand compensation amounting to the cancellation costs as per Section 11 of part III of the General Terms and Conditions of Supplier of services, if defective details are provided by the user.
3. Arrival at meeting point and compliance with conditions
You are responsible for arriving on time at the notified meeting point, and for observing the health regulations etc.
4. Additional terms and conditions
If the Supplier includes in addition to these General Terms and Conditions further participation or transport or other terms in a contract with you, you are responsible for observing these additional terms. The Supplier reserves the right to exclude participants from the activity if they do not meet these conditions.
5. Binding nature of the request
The contract between you or the user you have referred, and the Supplier comes into effect upon the acceptance of your binding request by the Supplier. When you book a tour or another activity, you make the Supplier a binding offer which you, or the user you have referred, are bound to that offer.
The agreed total price for the service we have provided is due at the time of booking.
7. Notes on the right of revocation
The Supplier points out that according to legal provisions (section 312, paragraph (2), no. 4, 312g, paragraph 2, clause 1, no. 9, BGB), contracts for tourism services which are concluded as remote selling (i.e. via the Dream Local Platform) do not have a right of revocation, but merely the legal rights to withdraw and cancel the contract.
8. Self-responsibility for insurance
The price of the services does not include insurance. You are responsible for providing sufficient insurance protection. The requirement for insurance depends on the activity booked.
9. Unpaid services
If you or the user you have referred do not pay for the booked service according to the agreed due date of payment, although the Supplier is prepared, and able, to perform the contractual service and there is no legal or contractual right of retention for you or the user you have provided, the Supplier is permitted to withdraw from the contract and charge you, or the user you have referred, for the withdrawal costs as per point 11.
10. Exchange of messages
All messages between you, or the user you have referred, and the Supplier shall be done via the Dream Local Platform. In the interest of quick processing, it is recommended to exclusively use the forms provided by Dream Local.
11. Cancellation guidelines
Our Supplier services hold limited capacity. For this reason, we require that you notify Dream Local at least one week or 7 days before your scheduled booking if you need to cancel. This will allow us to offer your spot to another user. Please note, we do not offer refunds. However, if you provide Dream Local at least one week or 7 days notice of your need to cancel, we will credit your payment toward another booking with the same Supplier depending on availability. However, if you do not notify Dream Local with at least one week or 7 days notice or if there are no other activities available with the same Supplier, you will lose any payments you have already made.
12. Extraordinary cancellation
The Supplier can cancel the activity on the agreed date without observing a period of notice, if weather conditions, official measures, strikes or other unforeseeable or unavoidable external conditions (in particular force majeure) make the execution of the activity impossible, make it considerably more difficult or endanger it. In this case the paid price is refunded.
13. Exclusion of participation
The Supplier is permitted not to allow you to join an activity, or to exclude you from one, if you do not meet the personal participation requirements, your participation would endanger you or someone else or in any other way make the activity impossible in the long-term. This applies accordingly to a user you have referred. In these cases, the paid price cannot be refunded.
14. Changes to the program
Furthermore, the Supplier reserves the right to make non-essential changes to the program, if this is necessary due to unforeseeable or unavoidable conditions.
15. Further conditions
Further conditions or deviating conditions can be found in the respective tenders.
16. Time zone
For calculations of the time and deadlines, the time zone of the Supplier is authoritative.
17. Liability of the Supplier
The Supplier is liable in accordance with the applicable law for its services, whereby the liability, if permitted according to the applicable law, is excluded.
18. Change to these General Terms and Conditions
These Terms and Conditions of the Supplier can be amended at any time and without notice for future bookings. The respective conditions valid for each individual booking shall apply. The user has no claim for future bookings based on the existing conditions.