Terms and Conditions

Terms and Conditions

1. Introduction

Welcome to Birdmi (“Birdmi”, “we”, “us”, or “our”), accessible at https://www.birdmi.com (the “Platform”). These Terms and Conditions (“Terms”) govern your access to and use of our Platform and services.

By accessing or using our Platform, you confirm that you have read, understood, and agreed to be bound by these Terms. If you do not agree, you must refrain from using our services.

If you are under 18 years of age, you may only use our services with the involvement and consent of a parent or legal guardian.


2. Role of Birdmi

Birdmi acts solely as an intermediary (agent) between customers and independent third-party tour and activity providers (“Suppliers”).

All bookings made through the Platform constitute a direct contractual relationship between you and the respective Supplier. Birdmi is not the organizer, provider, or operator of any tours or activities listed on the Platform.

Birdmi facilitates bookings and may process payments on behalf of Suppliers. In return, Birdmi may receive a commission.


3. Booking and Contract Formation

By placing a booking through our Platform, you submit an offer to purchase a tour or activity under the conditions specified.

A binding contract is formed only when your booking is confirmed by the Supplier. Confirmation will be provided via email and/or voucher.

Birdmi reserves the right to reject or cancel any booking request at its sole discretion.

Submission of a booking request does not guarantee availability until confirmed by the Supplier.


4. Pricing and Payments

All prices displayed on the Platform are per person unless otherwise stated and are inclusive of applicable taxes unless specified otherwise.

Birdmi acts as an intermediary and collects payments in the name and on behalf of the tour provider.

The contract for the booked service is concluded directly between the customer and the tour provider. The tour provider is solely responsible for the performance of the service.

The payment received by Birdmi is held on behalf of the tour provider. Birdmi is entitled only to the agreed commission.

4.1 Payment Options

Depending on the specific tour or activity, you may be required to:

  • Pay the full amount at the time of booking; or
  • Pay a deposit, with the remaining balance due prior to the activity or at the meeting point.

4.2 Deposits

Deposits constitute part of the total tour price. Deposits are generally non-refundable unless otherwise required by applicable law.

4.3 Balance Payments

Any outstanding balance must be paid in accordance with the terms specified for the relevant booking.

4.4 Currency and Time Zone

All times and dates are based on the local time zone of the service location.


5. Cancellations and Refunds

Cancellation, refund eligibility, and applicable conditions are determined by the respective Supplier and will be communicated at the time of booking.

Where applicable, refunds will be processed using the original payment method. Refund processing times may vary and typically take between 5–10 business days.

Deposits are non-refundable except where required by law or expressly stated otherwise.


6. EU Consumer Rights

In accordance with EU consumer protection laws, the right of withdrawal (cooling-off period) does not apply to leisure services related to activities with a specific date or period of performance.


7. Best Price Guarantee

Birdmi aims to offer competitive pricing. If you find an identical service (same location, number of participants, inclusions, and conditions) at a lower price online, please contact us. Any such adjustment is granted at Birdmi’s sole discretion.


8. Availability of the Platform

We strive to ensure that the Platform is available at all times. However, we do not guarantee uninterrupted or error-free access and reserve the right to suspend or withdraw the Platform without notice.


9. Information Accuracy

The information on the Platform is provided in good faith based on data supplied by Suppliers. While we make reasonable efforts to ensure accuracy, we do not guarantee that all information is complete, accurate, or up to date.


10. User Responsibilities

You agree to:

  • Provide accurate and complete information when making a booking;
  • Comply with all applicable laws and regulations;
  • Follow instructions provided by Suppliers;
  • Arrive on time at designated meeting points.

Failure to comply may result in cancellation without refund.


11. Liability

To the fullest extent permitted by law, Birdmi shall not be liable for:

  • Any acts, errors, omissions, or negligence of Suppliers;
  • Any personal injury, loss, damage, or expense arising from participation in tours or activities;
  • Any indirect or consequential damages.

Nothing in these Terms excludes liability for death or personal injury caused by negligence where such exclusion is not permitted by law.

Suppliers are independent contractors and are solely responsible for the performance of the services. Birdmi does not assume any liability for the quality, safety, or legality of the services provided.

Nothing in these Terms shall limit or exclude any liability that cannot be limited or excluded under applicable law.


12. External Links

Our Platform may contain links to third-party websites. We do not control or endorse such websites and are not responsible for their content or availability.


13. Intellectual Property

All content on the Platform, including text, images, logos, and design, is owned by or licensed to Birdmi and is protected by applicable copyright laws.

You may use the Platform for personal, non-commercial purposes only. Any reproduction or distribution without prior written consent is prohibited.


14. Force Majeure

Birdmi shall not be liable for any failure or delay in performance due to events beyond its reasonable control, including but not limited to natural disasters, strikes, pandemics, or government restrictions.


15. Amendments

We reserve the right to amend these Terms at any time. Updated Terms will be posted on the Platform and will take effect immediately upon publication.


16. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the Federal Republic of Germany.

Any disputes arising out of or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the courts of Germany.

If any provision of these Terms is held to be invalid or unenforceable, such provision shall be deemed severed and shall not affect the validity and enforceability of the remaining provisions.


17. Contact Information

Birdmi
Albrechtstr. 16
10117 Berlin
Germany

Email: info@birdmi.com
Phone: +49 162 6873009

If you have any questions regarding these Terms, please contact us via our Website at https://www.birdmi.com/contact-us/


18. Online dispute resolution (ODR)

The European Commission provides a platform for online dispute resolution (ODR): https://ec.europa.eu/consumers/odr/

We are not obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.


19. Dispute Disclaimer and Charge-back Policy

We are not liable for any disputes arising between customers and operators. In the event that a customer files a charge-back with their bank and the claim is resolved in the customer’s favor, the full amount paid will be refunded to the customer.


© Birdmi. All rights reserved.

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