Hotelcard AG, Hofstettenstrasse 15, 3600 Thun (hereinafter “Hotelcard AG”) markets and agents’ hotel stays in Switzerland, Germany, Austria and Italy.
The purchaser shall, upon purchase of the Hotelcard, receive a card issued in his/her name (hereinafter “Hotelcard”). The Hotelcard is non-transferrable. The last day of the card’s validity is specified on the card. After it has expired the card may no longer be used by the purchaser or a third party.
In the event that the Hotelcard is lost or stolen, the purchaser is obliged to notify Hotelcard AG promptly. Should the Hotelcard be misused as the result of an unreported loss/theft, then the purchaser must reimburse Hotelcard AG the sum of the price reduction granted to the card user on any hotel booking. In the event that the Hotelcard is lost or stolen then it can, with the exception of cases of misuse, be replaced for a fee of CHF 15.00.
The Hotelcard shall remain the property of Hotelcard AG and Hotelcard AG is entitled to demand its return without giving any reasons.
The purchasing company shall, upon purchase of the Company Hotelcard, receive a card issued in the company’s name. The Company Hotelcard may be transferred within the company. The last day of the card’s validity is specified on the card. After it has expired the card may no longer be used.
Unless these GTCB envisage anything else, the above and following provisions concerning the personal Hotelcard shall also apply to the Company Hotelcard.
Purchase of the Hotelcard
The Hotelcard is purchased by submitting a completed order form from the Hotelcard AG portal (www.hotelcard.ch), by means of a telephone call made by the purchaser to Hotelcard AG or by means of other forms of contact with a corresponding expression of will (e.g. pre-printed form).
Upon submitting the form from the Hotelcard AG portal or making an order by telephone the customer is declaring his/her consent to these GTCB. The current version displayed on the Hotelcard AG portal shall apply in each case.
Hotelcard AG shall confirm the order electronically via email. The order confirmation is of purely declaratory value.
Obligations of the purchaser
Upon the ordering of the Hotelcard the purchaser undertakes to pay all claims punctually. The purchaser must pay the claim at the latest one day before the subscription’s next period of validity commences, otherwise he will immediately be in default.
The purchaser is obliged to notify any and all changes concerning the information supplied when he made the purchase within 15 days. This notification must be made in writing using the contact form on the Hotelcard AG portal. In addition to this, he is obliged to punctually submit the documents required to perform the service.
The purchaser is obliged to ensure that Hotelcard AG’s electronic messages reach him and that their delivery is not prevented by security measures (in particular spam filters).
Vouchers and discount codes
The purchasers of vouchers (hereinafter „Voucher Purchasers”) acquire a means of payment to purchase a Hotelcard. The obligations of the purchaser of a Hotelcard are, correspondingly, applicable to the Voucher Purchaser.
The Hotelcard purchaser may redeem the vouchers as a means of payment when placing an order via the Hotelcard AG portal. The Hotelcard purchase price will be reduced by the value of the voucher. Vouchers cannot be accumulated and used to order a single Hotelcard. Only one voucher may be redeemed per holder and Hotelcard. Purchasers who have purchased a Hotelcard within the last two years may not use a voucher to pay for the renewal of an existingHotelcard subscription and/or for a new order.
Hotelcard AG issues discount codes at its own discretion. These codes entitle the recipient to acquire a Hotelcard or a voucher at a reduced price. Discount codes do not entitle the holder to any discounts whatsoever when renewing existing subscriptions. Each discount code may be used a maximum of one time per person. Accumulation of multiple discount codes is not possible.
The Hotelcard entitles the holder to book accommodations with the tourism companies listed on the Hotelcard AG portal. The Hotelcard purchaser has, as a matter of principle, a claim to a 50% discount on the list price stated by the tourism company. In the case of tourism companies which operate a demand-driven pricing system (so-called dynamic price lists) the claim to a discount will be on a sum equivalent up to 50%.
The claims for booking with a discount shall only exist insofar as the tourism company offers the possibility to book at the special rate on the desired booking date. The claim for making a booking with a tourism company with a corresponding discount is limited to the availability of the corresponding facilities at the tourism company in question.
The price reduction is limited to booking of a room from the tourism company. Additional services by the tourism company will be charged by the tourism company at the full rate.
The price reduction may only be claimed for a maximum of three consecutive nights. In the case of bookings which exceed this period the tourism company is entitled to charge the full price from the fourth night onwards.
The booking with the tourism company must be made by the purchaser via the Hotelcard AG portal or by means of a direct enquiry by the purchaser to the tourism company. Hotelcard AG may include technical measures to transmit the purchaser’s booking to the tourism company on its portal.
The tourism company and the Hotelcard purchaser are parties to the accommodation agreement; Hotelcard AG is not a party to this agreement. The accommodation agreement will only come into existence upon the tourism company confirming the booking to the purchaser.
When making a booking with the tourism company the purchaser must, in all cases, notify the tourism company that he is a Hotelcard holder. Should he fail to do so, then it is at the discretion of the hotel to grant the purchaser the price reduction as per the provisions above. The purchaser must present his Hotelcard to the tourism company upon arrival.
The prices, levies and other costs charged by the tourism companies are based on the information provided by the tourism companies. Hotelcard AG does not, in particular, accept any payments for the tourism companies’ services.
The Hotelcard price is based on the information published on the Hotelcard AG portal at the time of the purchase offer. Should, in the absence of a termination, the validity of the Hotelcard be automatically renewed, then the purchaser will be charged the purchase price current at the time of the renewal.
When ordering the Hotelcard the purchaser will be charged a processing fee of CHF 5.00.
Delays in payment
The purchaser will be in default without any reminder if he fails to pay Hotelcard AG invoices punctually. Should the purchaser be issued with a demand for payment in the form of a reminder, then he will be invoiced for CHF 10.00 for the second reminder, CHF 15.00 for the third reminder and CHF 20.00 for the final reminder. In collection cases, an additional annual percentage rate of up to five percent from the due date plus processing fees will be incurred. Hotelcard AG will assert claims to outstanding sums in its own name and on its own account. It may, however, also assign the claim. Should the purchaser be in default, then Hotelcard AG may block the Hotelcard without prior notice.
Duration of the contract and termination
The contract will come into force upon Hotelcard AG’s consent to the purchaser’s offer and will apply for an indefinite period.
The contract must be terminated within a 30 day notification period before the Hotelcard’s expiration date. The termination must be made in writing to Hotelcard AG.
Example of the period of notice:
Subscription year: 15 August 2016 to 14 August 2017
Last termination date: 14 July 2017
The postal address and email address are listed on the portal under ‘Contact‘ or ‘Imprint’.
Should the purchaser fail to give notification within the 30 day period or before the expiration date, then the validity of the Hotelcard will automatically be renewed for a further twelve months.
Prior to the commencement of the period of notice Hotelcard AG informs the customer by email concerning the automatic renewal of the contractual duration. Hotelcard AG accepts no liability for transmission of the message.
In justified cases Hotelcard AG reserves the right to terminate the contract without complying with previous notification. Should the reason for the termination not be related to the owner of the card, then the Hotelcard purchase price will be refunded on a pro rated applicable time period.
Blocking of the Hotelcard
In cases of loss, theft or termination Hotelcard AG reserves the right to block the Hotelcard by adding it to the blocking list. The blocking list is forwarded to the tourism companies.
Liability and offsetting
The information given on the Hotelcard AG portal is not subject to any guarantee for the correctness and/or completeness of the offerings and/or information published on the portal.
Hotelcard AG is, in particular, not liable for any deviations of the tourism company’s prices from those stated on the Hotelcard AG portal.
Hotelcard AG is, in particular, not liable for non-performance/improper performance on the part of the tourism company booked. The accomadation agreement states that in the event of poor performance from the tourism company, the purchaser must seek recourse exclusively with the tourism company.
Hotelcard AG is, in particular, not liable for damages incurred as a result of incorrect or unjustified blocking of the Hotelcard.
Hotelcard AG is, in particular, not liable for damages incurred by the purchaser due to the actions of a Hotelcard AG auxiliary agent or employee.
Where Hotelcard AG is liable, then the amount of the liability will, in all cases, be limited to the annual purchase price for the Hotelcard.
Should the purchaser be entitled to claims of any kind against Hotelcard AG, then the purchaser waives the option of offsetting his/her claims against any on the part of Hotelcard AG (waiver of offsetting), unless the offsetting takes place with Hotelcard AG’s written consent.
Disclosure of data
Hotelcard AG complies with data protection legislation. The company is entitled to appoint third parties to handle the overall processing of the card business; marketing and the compilation of income allocation formulae.
Hotelcard AG reserves the right to make full use of the purchaser’s data in the event of a legal dispute.
Amendments to prices and the GTCB
Prices and services may be adjusted at any time. The purchaser shall, in the case of substantial amendments and adjustments to the GTCB following conclusion of the contract and which are to his/her detriment, be informed by email concerning these amendments and adjustments. Should the amendments and adjustments be to the detriment of the purchaser, then he may, up until the point at which the amendment or adjustment comes into force, terminate the contract to that date. Should he/she fail to do so, then he/she will have accepted the amendments. The new GTCB replace the GTCB which were previously in force in their entirety.
Applicable law and place of jurisdiction
The agreements in connection with these GTCB are, unless otherwise specified by other legal provisions, exclusively subject to Swiss law. The place of performance; the place for debt collection – the latter only for persons domiciled outside of Switzerland – and the sole place of jurisdiction for all disputes arising in connection with this agreement is – insofar as not otherwise stipulated by civil procedure law – Thun.
Current as of: 24.04.2017