The following GTC are valid as of July 1st , 2023
General Terms and Conditions of Business
1. Scope and purpose of the contract
1.1 These general terms and conditions of business (“General Terms”) shall apply to all contracts entered into between us, The Free Tour Shop (doing business as “thefreetourshop.com”, “TFTS”, “we”, “us” or “our”) with registered office in Berlin, and you as our customer (“Customer” or “you”).
These terms and conditions (the “Terms”) govern your use of the TFTS website (the “Site”) and your purchase of products from us. By accessing and using our Website and Services, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement. You acknowledge that this Agreement is a contract between you and TFTS, even though it is electronic and is not physically signed by you, and it governs your use of the Website and Services.
These terms and conditions (“Agreement”) set forth the general terms and conditions of your use of the Free tour shop website (“Website” or “Service”) and any of its related products and services.
1.2 The version of the General Terms that applies to your contract shall be the one in force at the time of conclusion of the contract.
1.3 We do not accept differing terms and conditions of the Customer, even where the Customer draws our attention to said differing terms and conditions and we do not expressly reject their inclusion.
2. Our services and your use of them
2.1 TFTS’ business is the provision of products and tourism related items (physical or digital) via our website thefreetourshop.com but we also promote and sell tours that will be provided by third parties.
Products: Any of the physical items (including digital art) we display for sale on our website, they exclude tour related.
Tour(s): Any of the tours or experiences we offer via third parties (Free Tours, paid tours, workshops, shows, day excursions…).
2.3 Customers do not require a user account to purchase from TFTS. A delivery address must be entered before placing an order. Customers can save multiple delivery addresses to their account. They are responsible for ensuring that their data is up-to-date and always correct.
2.4 Customers must make sure to prevent unauthorized access to the end device used to place orders and/or the data needed to place orders through their user account. Customers who fail to do so shall be liable for all transactions made using their user account as a result unless there is no fault on the side of the Customer.
2.5 Customers must not (i) use or attempt to use another person’s user account and/or access or use another person’s personal payment data, (ii) set up a user account using a false identity or the identity of another person, or (iii) access the Platform in any other manner than via the access methods provided by TFTS.
2.6 Customers agree to inform TFTS without delay if they find out that unauthorized use has been made of their user account.
2.7 TFTS shall endeavor to ensure that the shop (website) is always available, but assumes no liability for the permanent availability of the shop.
2.8 Accuracy of information. Occasionally there may be information on the Website that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, availability, promotions and offers. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Website or Services is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information on the Website including, without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Website should be taken to indicate that all information on the Website or Services has been modified or updated.
2.9 Prohibited uses: In addition to other terms as set forth in the Agreement, you are prohibited from using the Website and Services or Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Website and Services, third party products and services, or the Internet; (h) to spam, phish, pharm, pretext, spider, crawl, or scrape; (i) for any obscene or immoral purpose; or (j) to interfere with or circumvent the security features of the Website and Services, third party products and services, or the Internet. We reserve the right to terminate your use of the Website and Services for violating any of the prohibited uses.
2.10 Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing.
3. Conclusion of contracts
3.1 The website displays a selection of products and tours. The displaying of products and tours does constitute an offer of TFTS for the conclusion of a purchase contract. Customers can place displayed products in their basket, but this does not yet bring about a purchase contract between the Customer and TFTS either.
3.2 When the Customer places an order (taps the “Order & Pay” button), you accept the offer for the conclusion of a purchase contract with TFTS for the goods in your basket.
3.3 After that, TFTS will send the Customer an automatically generated message via the Platform confirming the order.
3.4 We reserve the right to refuse any order placed through the Site. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
3.5 In the event of the unavailability of goods for which the Customer has placed a binding order (i.e. those listed in the order confirmation), TFTS will inform the Customer accordingly without delay and discuss the possibility of supplying replacements. At the Customer’s request, TFTS will refund the purchase price already paid for the goods in question via the same payment method the Customer used to pay for them. The customer’s statutory rights remain unaffected; otherwise, Section 7 of these General Terms and Conditions applies.
3.6 We make every effort to display as accurately as possible the colors, features, specifications, and details of the products available on the Site. However, we do not guarantee that the colors, features, specifications, and details of the products will be accurate, complete, reliable, current, or free of other errors, and your electronic display may not accurately reflect the actual colors and details of the products.
3.7 All products are subject to availability, and we cannot guarantee that items will be in stock. We reserve the right to discontinue any products at any time for any reason.
4.1 The binding price is the purchase price shown for the goods in question on TFTS website.
4.2 All the prices shown on TFTS’ website include VAT at the rate applicable to the specific product.
4.3 Customers can see the current total value of the goods in their basket from the basket itself or from the order summary.
4.4 Prices for all products are subject to change.
5. Terms of payment
5.1 Customers must pay the purchase price for the ordered goods and the delivery charge directly after placing an order respectively after conclusion of the contract.
5.2 Payment can be made by using one of the multiple payment methods the Customer has available on our website. TFTS reserves the right to add/remove payment options on the Platform at any time.
5.3 After the purchase, invoices will be sent to the Customer by email only, to the email address specified by the Customer in their user account.
6. Delivery and delivery periods
6.1 Subject to local/temporary restrictions, our store is available 24/7.
6.2 We can only ship to certain countries and regions, if your country is not on the list of our delivery areas sadly we can’t ship to you.
6.3 The goods will be delivered to the address specified by the customer in the order process. The customer bears sole responsibility for providing a full and accurate address for delivery of orders placed on the TFTS platform and, where applicable, further delivery instructions.
6.4 While we may provide delivery estimates, we can’t provide guaranteed delivery dates.
6.5 Delivery prices are additional to the product’s price and may vary depending on delivery location and/or sort of products, and additional charges may be added to the order for remote or difficult to access locations that require special attention. Flat rate delivery charges are shown on our checkout page; however, we reserve the right to advise you of any additional delivery charges that apply to your specific delivery address.
6.6 Some products are packaged and shipped separately. We cannot guarantee delivery dates and to the extent permitted by law accept no responsibility, apart from advising you of any known delay, for products that are delivered after the estimated delivery date. Average time for delivery may be shown on the site. It is only an average estimation, and some delivery can take longer, or alternatively be delivered much faster. All delivery estimates given at the time of placing and confirming order can be subject to change. In any case, we will do our best to contact you and advise you of all changes. We try our best to make product delivery as simple as possible.
6.7 Ownership of the products will only pass to you after we receive full payment of all sums due in respect of the products, including delivery charges and taxes, and deliver the products to the carrier.
7. Customer’s rights in the event of defects in our products
7.1 TFTS shall be liable in accordance with statutory law for material and legal defects to ordered goods. Any claims for misprinted/damaged/defective items must be submitted within 30 days after the product has been received.
7.2 Should you wish to make a claim for material or legal defects, please contact us on email@example.com. To assist us in processing complaints quickly and efficiently, please have a photograph of the defective goods ready, or send a photograph with your complaint.
7.3 For packages lost in transit, all claims must be submitted no later than 30 days after the estimated delivery date. Please contact us on firstname.lastname@example.org. Claims deemed an error on our part are covered at our expense.
8. Specifications regarding Tours
8.1 ‘The tour provider’ is the organizer of the tour which is offering services (Tour) for booking or sale via the website(s). ‘Tour’ should be considered as inclusive of all services, includes, added value and others offered by the tour provider displayed ‘as is’ on the website(s).
8.2 You understand that The Free Tour Shop is a platform which facilitates your booking of tours with independent tour providers and that The Free Tour Shop does not own, operate or provide tours. Furthermore, you understand that you are entering into a contract with the tour provider and not The Free Tour Shop, our sites or services. The tour provider is solely responsible and liable for fulfilling said contract on their part and providing you with your service as booked or with an alternative to your satisfaction where applicable.
8.3 It is the responsibility of the tour provider to ensure the accuracy, legitimacy and correctness of all content and information pertaining to their tour and services as displayed on our website (https://www.thefreetourshop.com/). The Free Tour Shop is in no way responsible for the quality of any tour or services booked on the site(s).
8.4 The 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 https://www.thefreetourshop.com/ platform and the Tour Provider’s acceptance of the booking request according to the General Terms and Conditions.
9. Booking process for tours
9.1 Booking Free Tours
The Free Tour Shop platform facilitates the booking of ‘free tours’ by free tour providers, whereby you are free to pay what you feel the tour experience was worth directly to the tour provider at the end of the tour experience, in person, on the day of the tour as booked. You are not required to pay any amount at the point of booking through the platform.
9.2 Booking Paid Tours
The Free Tour Shop platform also facilitates the booking of ‘paid tours’ services offered by tour providers. This can be offered in 2 manners:
Fully paid at the point of booking:
Some activities are possible to book only if paying the entire sum at the point of booking.
Bookings are free to cancel up to 48 hours prior tour date.
Pay the rest on arrival (We charge a deposit):
Some activities are possible to book with a deposit payment at the point of booking. In such cases, you are required to pay the remaining sum on arrival, at the activity meeting point.
9.3 The Free Tour Shop remains responsible for all transaction amounts carried out on our site, including facilitating charge-backs and refunds of said amounts where required. We are not responsible for other amounts paid and processed outside of our site in relation to tour service booked, including but not limited to, payments you make directly to the tour provider or any costs incurred during the service for add-ons, local taxes, or other purchases.
9.4 A ‘confirmed booking’ registers your request to join the tour with the tour provider. The tour provider reserves the right to reject your booking or deny you service in the event of overbooking or if the tour capacity has already been reached upon your arrival to the tour.
9.5 You will receive a booking confirmation via email shortly after completing the booking process, provided that all information submitted is correct and there are sufficient funds available to the credit / debit card used to complete the transaction.
9.6 You confirm that all information submitted by you to The Free Tour Shop, including Credit card / Debit card details, are complete and accurate and that you have been granted the required permissions and authorizations to use said card.
10. General booking Tours conditions
10.1 Payment information is protected by using trusted partners like Stripe and PayPal, complying with PCI DSS (Payment Card Industry Data Security Standards, which is a set of security standards developed by the Payment Card Industry to ensure the security of credit and debit card transactions) and other relevant regulations
10.2 It is your responsibility to notify us directly to make any amendments to your booking or to inform them of any special requirements / facilities that you or a member of your party may require.
10.3 The Free Tour Shop may offer you the opportunity to review the tour provider post-service in relation to your tour experience and your opinion.
11. Right of cancelation
Right of withdrawal for physical products
You are guaranteed a 14 days right of return on all products bought on www.thefreetourshop.com.
The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken or has taken possession of the last goods.
The product(s) must be returned in the same condition as they were received. You must include a valid receipt for the purchase.
In order to exercise your right of withdrawal, you can inform us (TFTS The Free Tour Shop UG, Thomasstraße 19, 12053, Berlin, Germany Tel.: +4917639162514, e-mail address: info@thefreetourshop) of your decision to withdraw from the contract by means of a clear declaration (e.g. an e-mail). You can also use the attached model withdrawal form for this purpose, which is, however, not mandatory.
To meet the cancellation deadline, it is sufficient for you to send the notification of the exercise of the right of cancellation before the end of the cancellation period.
Documentation that the product has been returned must be forwarded to email@example.com. Repayment may be refused until the goods have been returned or until you have provided proof that you have returned the goods, whichever is earlier.
When the product has been received, the full amount will be returned to the account from which the purchase was made. All costs associated with the return are to be paid by the customer.
Returns must be sent to this address:
TFTS The Free Tour Shop UG
Thomasstraße 19, 12053, Berlin, Germany
Cancellation policies for tours and experiences
Free tours cancellation policy: you are free to cancel a booking anytime.
Paid tours and activities cancellation policy: Free Cancellation up to 48 hours before the activity starts. Late cancellation or your non-arrival is not refundable.
A refund can be applied to bookings which are fully paid at the point of booking.
While we endeavor to process refunds in as timely a manner as possible, please allow sufficient time for refunds to take place which can depend on different factors such as your card provider and geographical location.
The Free Tour Shop remains responsible for all transaction amounts carried out on our site, including facilitating charge-backs and refunds of said amounts where required. We are not responsible for other amounts paid and processed outside of our site in relation to tour service booked, including but not limited to, payments you make directly to the tour provider or any costs incurred during the service for add-ons, local taxes, or other purchases.
In case of no refund received, please contact firstname.lastname@example.org with your booking confirmation number.
End of instructions on right of cancellation
Sample cancellation form
(If you wish to cancel the contract, please complete and return this form).
- To (TFTS The Free Tour Shop UG), Thomasstraße 19, 12053, Berlin, Germany Tel.: +4917639162514, e-mail address: email@example.com:
- I/we () hereby revoke the contract concluded by me/us () for the purchase of
of the following goods ()/the provision of the following service ()
- Ordered on ()/received on ()
- Name of the consumer(s)
- Address of consumer(s)
- Signature of consumer(s) (only in case of paper communication)
(*) Please delete where it is inapplicable.
12. Non-existence of the right of withdrawal
Notification for EU consumers: According to Article 16(c) and (e) of the Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights, the right of withdrawal may not be provided for:
of goods which are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer and it expires prematurely in the case of contracts,
sealed goods which are not suitable for return for reasons of health protection or hygiene, if their seal has been removed after delivery,
In addition, all sales of digital art and illustrations are final and non-refundable. This includes, but is not limited to, digital files delivered via email or online file sharing services. By placing an order for digital art or illustration, you acknowledge and agree that you are purchasing a non-tangible, irrevocable item and that you waive any right to a refund.
13.1 TFTS makes discounts available from time to time (the “Discounts”). The Discounts are promotions offered by TFTS or its partners. They are subject to terms and conditions established by TFTS and TFTS reserves the right to amend these conditions at any time. Discounts will reduce the amount of the order upon check-out.
13.2 Discounts are usually offered subject to particular discount-conditions, which include, for example, time and/or geographical restrictions, restrictions for certain customer categories (e.g. new customers) or for specific items. The Customer is not entitled to the issuance of a discount or its cash payment. In the event of cancellations, Discounts cannot be refunded or granted again and thus expire without replacement.
13.3 Any attempt to manipulate our app, our platform, and our Discount offers through mass submissions via third parties or consortia, external websites, macros, “scripts,” “brute force,” masking of identity through manipulation of IP addresses, use of identities other than one’s own, or other automated means (including systems that can be programmed to enter) will void the order and the corresponding discount. TFTS shall have the right to take all reasonable steps to protect against fraudulent or invalid redemption of discounts, including requiring additional reasonable checks to close the accounts of customers it reasonably believes have engaged in such acts.
13.4 If Customers use discounts in a way that violates the respective Discount terms and conditions, TFTS reserves the right to declare the Discount invalid and to withdraw the discount. TFTS also reserves the right to block the customer at any time in case of abusive behavior.
14. Termination and temporary blocking of user account
14.1 The Customer can at any time terminate the contractual relationship with TFTS with respect to your user account via e-mail to firstname.lastname@example.org
14.2 TFTS can terminate the contractual relationship with the Customer with respect to their user account by giving two (2) weeks’ notice via email to the e-mail address provided by the Customer in connection with their user account.
14.3 Orders that have not yet been processed shall remain unaffected by a termination.
14.4 The statutory right of termination for cause shall remain unaffected.
14.5 TFTS can – without prejudice to the rights of termination – temporarily or permanently block the user account of the Customer if the Customer breaches these terms and conditions of use, in particular if the Customer goes beyond the rights of use granted to them in section 14 or if the Customer unlawfully procures or uses vouchers pursuant to section 13. The Customer will be informed about the blocking and the duration thereof. The Customer may not place orders via their user account while the account is blocked.
15. Limitations and exclusions of liability
15.1 TFTS shall be liable vis-à-vis Customers for its own breaches of duty as well as for breaches of duty by its representatives and vicarious agents (Erfüllungsgehilfen) in the case of intent and gross negligence in accordance with the statutory provisions.
15.2 In other cases TFTS shall be liable only in the event of a breach of a contractual obligation, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the parties may regularly rely (socalled cardinal obligation), limited to compensation for foreseeable and typical damage.
In all other cases the liability of TFTS (also for breaches of duty by its representatives and vicarious agents (Erfüllungsgehilfen)) is excluded.
15.3 The liability of TFTS for damages resulting from injury to life, limb or health and under the German Act on Product Liability or other mandatory liability under applicable law shall remain unaffected.
16. Data protection
17. Final provisions
17.1 All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.
17.2 These General Terms shall be governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods.
17.3 If the contracting partner is a merchant within the meaning of the German Commercial Code, a legal entity under public law or a special fund organized under public law, the exclusive place of jurisdiction for all disputes arising from these or in connection with these General Terms shall be Berlin.
17.4 The EU Commission has set up an internet platform for the online resolution of disputes (“ODR platform”) between companies and consumers. The ODR platform can be accessed at ec.europa.eu/consumers/odr/.
17.5 TFTS is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.
17.6 TFTS reserves the right to make changes to these General Terms.
17.7 You can find the respective current version of the General Terms on the platform. We will not make any material changes to the General Terms or limit Customers’ rights under the General Terms without a prior announcement. In the case of such a change, TFTS will notify Customers of the changes at least six weeks before the amended General Terms take effect. If the Customer does not agree with the changes to the General Terms, he/she shall have the right to terminate the contract immediately. If the Customer does not make use of his/her right of termination, his/her agreement with the General Terms will be assumed. TFTS will inform the Customer about this circumstance and its consequences in the notification on the changes to the General Terms.
17.8 Should the Customer object to the application of the General Terms, TFTS shall have the right to terminate the Customer’s use of the Platform.
18. Contact us
In order to resolve a complaint regarding the site or to receive further information regarding use of the site, please contact us at:
TFTS The Free Tour Shop UG
Thomasstraße 19, 12053
This Policy shall be governed and interpreted in accordance with the English language, regardless of any translations made for any purpose whatsoever.
Berlin, July 2023