Terms and Conditions CityTourbyCall AG

I. Application

These general terms and conditions govern the contractual relationship between CityTourbyCall AG, as represented by its board, as in turn represented by Gürsan Acar, Levetzowstrasse 23 a-d, 10555 Berlin (hereinafter called "CityTourbyCall") and the user of its services (hereinafter called "User"). CityTourbyCall provides services based solely on these general terms and conditions.

II. Contract services

CityTourbyCall agrees to make available, for a period limited to two months, highquality information on selected city sights in Berlin in the form of audio commentary that can be accessed by telephone.

III. Contract relationship and obligations of CityTourbyCall

The CityTourbyCall package consists of a personal access code (PIN) to activate the services, a deck of cards containing information on various sights and monuments and a city map, User may acquire the CityTourbyCall package via a third party such as a hotel or shop. Regardless of how the package is acquired, the contractual relationship between CityTourbyCall and User goes into force when User calls the telephone number 030 1234567 and, by entering his or her PIN on the telephone keypad, requests said contract. By activating the service, CityTourbyCall accepts said contract.

The commentaries will be made available for two months from the date of activation. User may only access commentaries from the telephone handset used to register. Commentaries will be available in English by calling the predetermined telephone number and entering the number corresponding to the sight or monument, and can be listened to an unlimited number of times within the access period.

No refund or partial refund will be awarded for commentaries that User does not access or listen to within the allotted twomonth access period.

CityTourbyCall reserves the right to modify, within reason, the content and extent of the commentaries during the access period.

IV. Prices

The activation call with PIN and each access of the audio commentaries will be charged at the rates for calls to German landlines set by the User’s contract with his or her telephone service provider. These fees are not included in the CityTourbyCall package and must be paid by User directly to the telephone service provider. CityTourbyCall assumes no responsibility for billing of telephone calls.

Local calling rates vary by service provider and User’s individual telephone rate package. CityTourbyCall assumes no liability for additional charges, including but not limited to roaming charges or overminutes. User is solely responsible for any and all charges and fees levied by his or her telephone service provider.

V. Liability

CityTourbyCall assumes no liability for technical, equipment or transmission errors or failures (including inability to complete call, dropped calls, and poor reception) that are the fault of User’s mobile telephone service provider or other third party and that prevent User from accessing or properly hearing audio commentaries.

In the case of acts of God or other unforeseeable events not due to negligence by CityTourbyCall and that would render it significantly more difficult or impossible for CityTourbyCall to provide the agreed upon services, CityTourbyCall is entitled to decline to provide services.

Regardless of legal grounds, CityTourbyCall assumes only limited liability for damages, not including personal injury, resulting from malice aforethought or gross negligence by its legal representatives, employees or other persons acting on its behalf. This limitation does not apply in the case of breach of its contractual obligations.

VI. Warranties

Material defect claims by User are subject to a twoyear statute of limitations from the date of activation of the CityTourbyCall commentaries. User claims for remedy of defects must be submitted to CityTourbyCall or its distribution partner.

The warranty is subject to applicable legal regulations.

VII. Privacy

By entering his PIN code to activate the CityTourbyCall service, the User agrees to allow CityTourbyCall to store his or her telephone number. Information stored by CityTourbyCall will be processed and used to fulfil its contractual obligations and to send information on current offers and prices. CityTourbyCall will not provide User information to third parties.

VIII. Copyright

Audio commentaries provided by CityTourbyCall are copyrighted. They are provided to User solely for the purposes of listening within the contractually specified time period. Pursuant to copyright laws, CityTourbyCall reserves without exception all copyright and exploitation rights to the material. User is not authorized to use the commentaries in any manner or form other than contractually specified.

CityTourbyCall is a registered trademark protected by copyright. It may not be used without prior written consent from CityTourbyCall.

IX. Jurisdiction

This contract is subject solely to the laws of the Federal Republic of Germany. If User is a commercial entity or if he or she is not subject to domestic jurisdiction, the parties hereby agree that the jurisdiction is Berlin.

September 2008