Hotelcard International AG, Burgstrasse 20, 3600 Thun, Switzerland
(hereinafter referred to as "HCI")
The www.hotelcard.com shop bears the certificate EHI Geprüfter Online-Shop. In order to bear this seal, we are regularly checked by EHI Retail Institute GmbH for compliance with the criteria of the EHI Code of Conduct. You can see the code of conduct under this link, in German: https://ehi-siegel.de/shopbetreiber/ehi-siegel/pruef-kriterien-bedingungen/pruef-kriterien/.
1. Scope; definitions
2. Registration, access data, formation of the User agreement
3. Right of Withdrawal
4. Hotelcard membership
5. Due date and payment; price changes
6. Term and cancellation of the Hotelcard membership
7. Gift cards and discount codes
8. Hotel bookings
9. Liability and set-off
10. Set-off prohibition, right of retention
11. Data Protection
12. Amendments to the General Terms and Conditions
13. Choice of law, contract text, contract language
HCI markets and procures hotel Accommodations. For this purpose, HCI operates the “hotelcard.com” Internet portal. Registered users of the portal are authorised to book Accommodations offered via the portal with the operators of the Accommodations.
1.1 The following General Terms and Conditions contain the terms and conditions and general rules for the acquisition and use of the membership at “Hotelcard”, as well as the use of the portal.
1.2 For the purposes of these General Terms and Conditions,
• “Hotelcard” and/or “Portal” are/is the Portal operated by HCI and the services and benefits offered through it.
• “User/Member/You” are the individual persons registered on the Portal as a User,
• “Tourism Operation” is the provider and/or operator of an accommodation, which is offered through the Portal,
• “Accommodation” is the Accommodation offered by the tourism business.
2.1 In order to use the Portal, you are required to register and open a User account. You only need to be of full age and have full legal capacity for this. By registering, you confirm this to us.
2.2 To register, you only need to provide your e-mail address, your name and date of birth. The e-mail address must belong to You and be functional. It is not permitted to enter third-party data.
2.3 Your access data (User name and password) may only be used by You. You must keep your password secret. If You have lost your password or indications exist that a third-party is using your User account, you must notify us of this for your protection and ours. In such a case, we will block your account immediately, in case of doubt.
2.4 The User agreement is concluded with the registration.
2.5 The User is obligated to ensure that the electronic messages from HCI reach You and their delivery is not prevented by security-checking safeguards (particularly SPAM filters).
If You register as a User for the purposes of Section 13 BGB [German Civil Code], i.e. for a purpose that can neither be attributable to your commercial nor freelance professional activity, you are entitled to a statutory right of withdrawal for your benefit, about which we issue the following instructions:
Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.
The withdrawal period amounts to fourteen days from the day of conclusion of contract.
To exercise the right of withdrawal, you must inform us (Hotelcard International AG, Burgstrasse 20, 3600 Thun, Switzerland, phone: 0800 101 43 41, e-mail: [email protected]) with an unequivocal statement (e.g. a letter sent by post or e-mail) of your decision to withdrawal this contract. You may use the attached model withdrawal form for this, however, it is not prescribed.
To meet the withdrawal deadline,, it is sufficient for You to send your communication concerning your exercising of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal
If You withdraw from this contract, we shall reimburse to You all payments received from You, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us) without undue delay and in any event no later than fourteen days from the day on which we are informed about your decision to withdrawal from this contract. We will carry out such reimbursement using the same means of payment as You used for the initial transaction, unless you have expressly agreed otherwise; in any event, You will not incur any fees as a result of such reimbursement.
If You requested to begin the performance of the services during the withdrawal period, you shall pay us an adequate amount, which is in proportion to what has been provided until You have communicated us your withdrawal from this contract, in comparison with the full coverage of the services envisaged in the contract.
Model Withdrawal Form
(If You intend to cancel the contract, please fill out this form and return it to us.)
Hotelcard International AG
CH - 3600 Thun
E-mail: [email protected]
- I/we (*) hereby give notice that I/we (*) withdraw from my/our (*) contrcat of sale of the following goods (*)/ for the provision of the following service (*)
- Ordered on (*)/received on (*)
- Name of consumer(s)
- Address of consumer(s)
- Signature of consumer(s) (only if this form is notified on paper)
(*) Delete as appropriate
Offerings of HCI are not freely accessible, they are only directed towards a closed group of Members within the context of their respective availability and the respective content. Only persons who are of full age and have full legal capacity are authorised to acquire a Hotelcard membership. The Hotelcard membership is not transferable. One room can be booked per Hotelcard member; multi-person rooms can also be booked using the Hotelcard membership, if only the booking person is a Member of Hotelcard.
5.1 The price for the membership is due for one year in advance. The debit date is communicated in the course of the registration.
5.2 The payment may be made using the payment services offered by HCI (currently Visa, MasterCard, PayPal, ELV Direct Debit, Maestro, SOFORT Banking and Invoice with BillPay).
5.2.1 Payment by invoice with BillPay
When paying by invoice, the amount invoiced should be transferred to the account of our external partners by the calendar day indicated on the bill (20 or 30 calendar days after the billing date). Purchase on Account does not apply to all offers and requires a successful credit check performed by Billpay GmbH. Concluding the credit check of an order, if the customer is approved to purchase on the account, then the payment will be processed in cooperation with Billpay GmbH, to whom we transmit our claim of payment. In this situation, the customer can only make payments, with the effect of reducing debt, to Billpay GmbH. With payment on the account via Billpay, we remain responsible for general customer enquiries (e. g for goods, delivery time, and dispatch), returns, complaints, withdrawal statements and withdrawal submissions or crediting. The General Terms and Conditions of Billpay GmbH apply.
5.2.2 Limitation of ownership; Compensation; Right of retention with BillPay
(1) For consumers, we reserve the ownership of underlying purchased item until the bill is fully paid. If you are an entrepreneur in the midst of trade or self-employed, a legal individual under public law or public sector fund, we retain the ownership of the purchased item until all outstanding claims from the business transactions with you have been settled. The relevant security rights can be transferred to third parties.
(2) A right of compensation is available for you, if your counterclaims are legally established, recognized or accepted by us. You also have a right of retention only if and when your counterclaim is based on the same contract.
(3) If the customer has any remaining default payments due to us, all existing receivables are due immediately.
5.3 Price changes are only valid with the Member’s consent. The new prices are sent to the Member by e-mail no later than one month prior to their inception. The consent is deemed as granted, if the Member does not object to their validity within 14 days after receipt of the e-mail. The objection must be issued in text form. In the e-mail, HCI will inform the Member about the option to object, the time limit and the consequences of the Member’s inaction.
5.4 All prices (Membership, Gift Cards and hotel rooms) are including VAT, where applicable.
6.1 The term of the Hotelcard membership is one year. It may be extended by 2 and 3 years at any time.
6.2 The Hotelcard membership extends automatically by a respective additional year, if it is not cancelled as of the end of the respective term. The cancellation must take place no later than on the day before the last day of the membership in the personal account on the platform. Written cancellations are not accepted.
6.3 Example of cancellation notice period:
Term: 15 August 2016 to 14. August 2017
Last cancellation date: 13 August 2017
6.4 HCI is authorised but not obligated to inform the Member by e-mail about the upcoming automatic renewal prior to the start of the cancellation notice period.
7.1 The purchaser of gift cards (hereinafter: Gift Card Purchaser) acquires a payment instrument for the acquisition of a Hotelcard membership.
7.2 The gift card may be redeemed as a payment instrument when placing the order on the Portal. The price of the Hotelcard membership is reduced by the amount of the gift card. The cumulation of gift cards is not possible for ordering a Hotelcard membership. Only one gift card may be redeemed per Hotelcard membership. The payment for a renewal of an existing Hotelcard membership cannot be made using gift cards.
7.3 Discount codes are issued at HCI’s free discretion. They provide the recipient with the entitlement to purchase a Hotelcard membership or a gift card at a reduced price. The same discount code may be used a maximum of one time per person. It is not possible to cumulate several discount codes.
8.1 The Hotelcard membership provides the authorisation to book stays in the Accommodations listed on the Portal. The Member is in general entitled to a discount of 50% off the list price stated by the tourism business. For Accommodations that follow a demand-based pricing system (so-called dynamic price lists), the discount entitlement is up to 50%.
8.2 The entitlement to booking and discounts only applies if the tourism business offers the booking at the special rate on the required booking date. The entitlement for booking an Accommodation with a corresponding discount is limited to the availability of the respective premises of the requested tourism business.
8.3 The entitlement to a discount applies if the User has a valid Hotelcard membership at the time of the booking. The booking at the discounted terms and conditions also remains valid, if a valid Hotelcard membership no longer exists for the User at the time of the stay.
8.4 The price reduction is limited to the booking of the Tourism Operation’s room. Additional services of the Tourism Operation (e.g. breakfast, if not explicitly included in the price) are invoiced in full by the Tourism Operation.
8.5 The booking enquiries with the Tourism Operation are sent by the Member via the Portal or directly to the Tourism Operation. HCI may envisage technical measures on its Portal, in order to send the Member’s booking to the Tourism Operation.
8.6 The Tourism Operation and the Hotelcard Member are parties to the accommodation agreement, but not HCI. The accommodation agreement is only created after confirmation of the booking by the Tourism Operation vis-à-vis the Member.
8.7 When the User books the Accommodation, he must point out to the Tourism Operation that he is a Hotelcard Member. Otherwise, it is at the discretion of the Tourism Operation to grant the User the price reduction in accordance with the foregoing provisions.
8.8 The prices, taxes and other costs of the Accommodation are based on the stipulations of the Tourism Operation. HCI specifically does not accept any payments for the service of the Tourism Operation.
9.1 The details about Accommodations and Tourism Operations on the Portal are entered and maintained by the Tourism Operations. HCI assumes no liability for the correctness and/or completeness of the offers and/or information provided by the Tourism Operations.
9.2 HCI is specifically not liable for deviating, incorrect or non-current price quotations of the Tourism Operations on the Portal.
9.3 HCI is furthermore not liable for non-performance or poor performance by the Tourism Operation. With deficient fulfilment of the accommodation agreement between the Tourism Operation and the Member, the Member must exclusively take recourse against the Tourism Operation.
9.4 Claims for damages due to breach of duty and from illicit acts, as well as claims for compensation of futile expenditures, are excluded vis-à-vis HCI, as well as its legal agents and vicarious agents, unless the damage was caused maliciously or with gross negligence.
9.5 The limitation of liability within the meaning of Clause 9.4 does not apply to the breach of cardinal obligations, as well as personal injuries and damages, which are based on the lack of warranted characteristic or for which liability is envisaged under the Product Liability Act.
9.6 In the case of a claim for damages due to slightly negligent breach of cardinal obligations and in cases of grossly negligent breach of contractual ancillary duties, the liability is limited to the typical contractual, foreseeable damage. This does not apply in cases of personal injuries, damages based on the lack of warranted characteristic or for which liability is envisaged under the Product Liability Act.
9.7 The User may not assert compensation for damages as a consequence of a challenge due to non-culpable errors and printing, advertising or transmission errors, which authorise HCI to challenge.
9.8 In any case, the liability of HCI is limited to the annual purchase price of the Hotelcard.
10.1 The User is not authorised to set-off, unless the counterclaims are not disputed by HCI or established as final and absolute by a court of law.
10.2 The User may not assert a right of retention.
Compliance with the data protection regulations is HCI’s highest priority. The data protection practice of HCI is consistent with the Federal Data Protection Act (BDSG), as well as the Telemedia Act (TMG). All information about the collection, processing and use of your personal data can be found in the data protection notices.
12.1 HCI reserves the right to amend these General Terms and Conditions at any time and without giving reasons. The new General Terms and Conditions will be sent to You by e-mail. The new General Terms and Conditions are deemed as agreed, if You do not object to their validity within 14 days after receipt of the e-mail. The objection must be issued in text form. In the e-mail, we will inform You about the option to object, the time limit and the consequences of your inaction. If You object, each party has the right to terminate the User agreement as envisaged in Clause 6.
12.2 However, the option of amending the General Terms and Conditions neither exists for changes that impair the content and scope of the core utilisation options of the Hotelcard and the Portal to your disadvantage, nor for the introduction of new duties for You, which were previously not established in the General Terms and Conditions.
13.1 The law of the Federal Republic of Germany applies exclusively to the contractual relationship with the holders. The application of the UN Sales Convention (CISG) is excluded. If the holder has concluded the contract as a consumer, the compulsory consumer protection regulations are also applicable, which are valid in the country, in which the User has his usual abode, provided that they grant the User further protection.
13.2 German and English are available as a language for conclusion of the contract. You will receive these terms and conditions and any further relevant information for the contract in conjunction with the registration. HCI will not store any additional contract text regarding the User relationship, which You could retrieve. However, the Terms and Conditions of Use are also retrievable at any time on the website at http://www.hotelcard.com/agb.
As of: 10 November 2017