Hotelcard

Hotelcard AG, Burgstrasse 20, CH-3600 Thun, hereafter referred to as "Hotelcard AG", sells Hotelcard®, hereafter referred to as Hotelcard in Switzerland. The Hotelcard provides entitlement to lodging at the tourism companies located at www.hotelcard.com at the following terms and conditions. The following General Business Terms and Conditions shall be valid for all agreements concluded between Hotelcard AG and its customers including agreements which affect the use of Hotelcard or the Internet web site www.hotelcard.com or have been realised through the use of the same. The Hotelcard is a subscription. It shall automatically be extended by a further year (12 months) upon expiry insofar as the Hotelcard holder does not terminate the subscription in writing by a letter or an e-mail to Hotelcard AG at the latest 30 days before the date of expiry. Hotelcard vouchers cannot be accumulated. Furthermore, Hotelcard vouchers cannot be used to extend already existing Hotelcard subscriptions. Discount codes for the reduced price purchase of a Hotelcard are only valid for new customers and cannot be used to extend an existing subscription. The holder of a Hotelcard shall be entitled to lodging at half-price with a tourism company listed on www.hotelcard.com. The Hotelcard shall entitle the holder named on the card to unlimited frequent lodging within the validity timeframe in accordance with Hotelcard's terms and conditions and as regulated below. The half price relates to the room offered on the www.hotelcard.com website incl. the number of beds stated in the category. Customers have no claim to a half price discount for additional services such as any additional beds, half board or tourist tax. There is no claim for more than three nights in a row in the same hotel. The booking must be undertaken directly with the respective hotel by the Hotelcard user. Thus, the Lodging Agreement shall be concluded between the Hotelcard user and the hotel. Upon the ordering of the Hotelcard, the customer declares in a binding fashion that he wishes to purchase the Hotelcard. Hotelcard AG shall be entitled to accept the purchase offer contained in the order within three days after Hotelcard AG receives it. The acceptance can be made either in writing (electronically for Internet orders) or through the sending of the ordered goods. Both in the case of bookings that are made by telephone as well as in writing, the user shall be obliged to notify the hotel that he would like to book the room with a Hotelcard because otherwise the user has no right to book a room at the conditions agreed with Hotelcard AG. All bookings are dependent upon the number of rooms made available by the hotel. Upon arrival, the user must present his personal Hotelcard or his Company Hotelcard together with a personal ID to the hotel for verification purposes. The information about prices, conditions, hotel descriptions, etc. at www.hotelcard.com shall be based upon the information provided by the hotel. Hotelcard AG shall not be liable for the content and correctness of the information. The hotel bill must be paid directly to the hotel upon departure. We wish to point out that the hotel may demand a down payment when the booking is made or upon arrival. Hotelcard AG shall not be liable for printing errors. It is possible that there may have been changes made in the meantime to the hotel's offerings and the terms and conditions under which hotels offer rooms. Thus, the Hotelcard user shall be obliged to obtain information about the currently valid prices and conditions when the booking is made. Hotelcard AG cannot guarantee any bookings with the hotels listed on www.hotelcard.com through the sale of a Hotelcard. Availability is based upon the capacities of the hotels. Availability shall be based on capacity in the hotels. Because a Lodging Agreement is being concluded between the guest and the hotel, Hotelcard AG shall not be liable for the hotel's services which are flawed, not rendered or not rendered in a timely manner. The guest may assert any warranty claims to rescind the agreement, reduce the purchase price or receive damage compensation only against the hotel. Furthermore, Hotelcard AG shall be liable merely up to the amount of the Hotelcard's purchase price. If the user has made a booking with a contractual hotel, then he must honour the booking. In the event that he should cancel the booking or not use the booked room for the full amount of time stipulated, then we wish to point out that the hotel shall have the right to bill the user for the full amount of the agreed booking. The Hotelcard shall retain its validity until the date specified on the card. The Hotelcard may not be redeemed for cash. Hotelcard AG assumes no liability in the event that the Hotelcard is lost. The Hotelcard user shall notify Hotelcard AG about changes in his address or other essential information for the business relationship in a prompt manner and in writing by e-mail, fax or letter. The Hotelcard is non-transferable. In the event that it is lost or stolen, the cardholder must promptly notify Hotelcard AG. This shall be done in writing by letter, e-mail or fax. Upon his request, a replacement card shall be issued to the cardholder for a fee. The cards shall remain the property of Hotelcard AG. Hotelcard AG reserves the right to terminate the contractual relationship owing to an important reason and without providing notice. After the end of the contractual relationship (for example, after effective termination is made by Hotelcard AG or the holder of the Hotelcard), the card may no longer be used. After the contractual relationship is ended through a justified termination by Hotelcard AG, the Hotelcard must be promptly sent back without this having to be requested. There is no right of retention to the card. If the termination is not attributable to the cardholder's character, then the proportional annual fee shall be reimbursed. Hotelcard AG shall be entitled to submit blocked lists to the cooperation partners that disclose which card numbers have been reported as being unaccounted for. This shall also be valid for the card number of a card which has been rendered invalid owing to a justified termination upon the part of Hotelcard AG. In the event that damages are suffered owing to erroneous information about a card number on a blocked list, Hotelcard AG shall be liable only for intentional wrongdoing or gross negligence. Hotelcard AG shall act exclusively as the intermediary between the holder of the Hotelcard and the cooperation partners. In the event that a cooperating company should not accept a valid Hotelcard and the cardholder suffers damages, Hotelcard AG shall be liable only in the event of intentional wrongdoing or gross negligence. Any more extensive liability upon the part of Hotelcard AG, regardless of the legal reason, is excluded. Objections and any other complaints arising from the contractual relationship must be directed exclusively to the partners. or Hotelcard orders with payment on account a service charge of CHF 5.00 is due by the customer. The customer is in agreement that his personal data that are disclosed within the parameters of the business relationship shall be stored and processed in Hotelcard AG's EDP system. All personal data shall be kept confidential. Open demands will be handed over to a debt collection agency after the second reminder. In this connection reminder charges of CHF 50.00 will become due and are payable at once. If a client gives wrong particulars (incl. spelling errors) in the order which must be subsequently corrected by Hotelcard AG, Hotelcard AG has the right to charge the client a handling fee of CHF 35.00. If orders are passed on to a collection agency, then the claim to any gifts that have been ordered via special offers shall be forfeited. In the event that a legal dispute arises, Hotelcard AG reserves the right to avail itself of electronic documentation. The administrative costs shall be paid by the customer. The respective administrative costs shall be listed in itemised fashion for each offer. The goods shall remain the property of Hotelcard AG until payment in full is made. The place of performance and the place of jurisdiction for any dispute arising out of this contract is Zurich. Hotelcard AG has the right, however, to pursue its rights at the Client's domicile or before any other competent jurisdiction. All legal relationships between Hotelcard AG and the Client are subject exclusively to Swiss law, to the exclusion of the Vienna Sales Convention (CISG) and the conflict-of-law provisions. Claims asserted against Hotelcard AG shall become statute-barred in one year's time after Hotel AG's intermediation work ends. In the event that individual provisions of these General Business Terms and Conditions should be invalid or a gap or an omission must be eliminated, the remaining provisions of the General Business Terms and Conditions shall remain valid. Hotelcard AG shall be entitled to amend the General Business Terms and Conditions in a reasonable manner. Any amendments and supplements shall be announced in writing. They shall be considered to have been approved if no written objection is made to them within one month's time.