Terms and Conditions of Use for StuttCard
Dear visitors to the Stuttgart Region,
Stuttgart-Marketing GmbH’s StuttCard entitles you to special discounts and in some cases a complete waiver of charges (‘Benefits’ or ‘Card Benefits’) on services from the participating providers to help make your stay in the Stuttgart Region a special experience. Use of these Card Benefits requires clear agreements about the reciprocal rights and obligations, and this is the purpose of the terms and conditions of use set out below. Please read these terms and conditions carefully before you use the StuttCard and take advantage of the Card Benefits offered.
1. Basis, participating providers, subject matter of these terms and conditions of purchase and use
1.1. The issuer of the StuttCard and the cardholder’s contracting partner in the contract of sale and the usage agreement is Stuttgart-Marketing GmbH, Rotebuhlplatz 25,70178 Stuttgart (‘SMG’).
1.2. ‘Service Partners’ within the meaning of these terms and conditions are the institutions,companies, transport organisations, merchants and sole traders who provide the Benefits advertised for the StuttCard and who are referred to in the StuttCard booklet as providers.
1.3. Services are provided exclusively by the Service Partners described in the StuttCard booklet and these parties will be the contracting partner of the cardholder. Neither SMG nor the outlets through which the StuttCard is sold are providers of the services or parties to the contract.
1.4. The ‘Cardholder’ within the meaning of these terms and conditions is the buyer of the StuttCard and any person who actually uses the card.
2. Legal basis, information, and warranties and representations of third parties
2.1. The sale and utilisation of the services provided by the Service Partners and of the Card Benefits offered through the StuttCard do not give rise to a contractual relationship of obligation between the Cardholder and SMG and/or the sales outlets in relation to the services of the Service Partner and the Card Benefits. SMG acts purely as intermediary to facilitate access to the Card Benefits and to the services of the Service Partner. Only the Service Partner, not SMG or the sales outlet, is obliged to provide the service and to grant the Cardholder the advertised Card Benefits, unless the services referred to are provided by the sales outlet itself.
2.2. The Benefits conferred by the StuttCard are not a primary tourism service within the context of other contractual services of the Service Partner, SMG or the sales outlets. Accordingly, in relation to the Benefits conferred by the StuttCard, the aforementioned parties do not have the status of package-holiday provider as defined by statute.
3. Formation of the contract of sale and of the usage agreement
3.1. By placing an order or making a firm offer to buy a card, the purchaser is making SMG a binding offer to enter into the contract to buy the StuttCard and, at the same time, the usage agreement. In selling the StuttCard, the sales outlets are acting as legal representatives and agents of SMG.
3.2. The contract for the purchase of the StuttCard and the usage agreement for the StuttCard are formed on the basis of these terms and conditions when the binding offer from the Cardholder to enter into a contract is accepted by SMG or by the sales outlets as the legal representatives of SMG.
3.3. Order and acceptance do not have to be expressed in any specific form.
4. Nature and scope of the Card Benefits; limits to the Card Benefits; bar on using the StuttCard
4.1. When the Cardholder buys the StuttCard, he or she is acquiring a right, enforceable against the Service Partner, to the Card Benefits advertised in the StuttCard booklet in relation to the Service Partner’s services, in the manner and scope and within the validity period described in the StuttCard booklet for the utilisation of the Card Benefits, and in accordance with the conditions set forth therein. The Cardholder does not acquire any right against the Service Partner to the cash value of the Card Benefits.
4.2. The Service Partners are obliged to deliver the services to which the advertised Card Benefits apply only in accordance with their general terms and conditions of business, in particular with regard to advertised availability times, opening times, time tables and general conditions of performance (e.g. weather-related conditions).
4.3. The Service Partners may restrict all or some of the services to which the advertised Card Benefits relate, particularly in terms of timing, provided there are objectively justifiable reasons for doing so. Such reasons include, but are not limited to, impediments to performance caused by weather, official orders or restrictive conditions, maintenance work and repairs, measures relating to traffic safety or overcrowding and other similar objective reasons.
4.4. SMG and the Service Partners may temporarily or permanently bar Cardholders and other card users from using all or some of the services to which the advertised Card Benefits relate, if such use could reasonably be expected to result in danger to the Cardholder or other person wishing to use the card, or to a third party or facilities of the Service Partner. The same applies if the Cardholder or the person wishing to utilise the services or the advertised Card Benefits is in breach of statutory provisions, safety regulations, conditions of use or instructions of supervisory personnel, or fails to comply with the conditions of the contract in any other way to such an extent that the bar is objectively justified.
4.5. If services are restricted in accordance with clause 4.3 or in the event of a bar in accordance with 4.4, any statutory rights of the Cardholder against SMG or the Service Partner arising from such restriction or exclusion will remain unaffected.
5. Validity period and acceptance period of the StuttCard; expiry of Benefits; cancellation and revocation
5.1. The StuttCard is valid for 24, 48 or 72 hours. The services described in the StuttCard booklet and the Card Benefits relating to these services may only be claimed during the period of validity of the StuttCard. The validity period begins the first time the card is used. The validity period will be stated on the card in writing, with the date and time. Once started, the period cannot be interrupted or suspended.
5.2. Once the card has been used for the first time, no refund of the purchase price can be given (full or partial). This does not affect the Cardholder’s statutory rights.
5.3. The acceptance period is the period during which use of the StuttCard can be started. Provided no option for extension is generally advertised or has been offered to the Cardholder, this period ends 24, 48 or 72 hours before 31 December of the year in which the StuttCard is valid, depending on the type of card. After the end of the acceptance period the Cardholder is entitled to a refund of the purchase price within the statutory limitation period of three years, provided that the card has not been used at all. This period begins at the end of the year in which the card was purchased. The amount refunded is only ever 80 per cent of the purchase price. The refund can only be claimed from SMG, not from the Service Partners or sales outlets. The Cardholder is entitled to provide evidence to show that SMG’s average loss of profit amounted to less than 20 per cent of the card price. In this case the amount of the refund will increase accordingly.
5.4. Unless statutory provisions which apply to the contractual relationship governing the purchase of the StuttCard and the usage agreement contain non-excludable rights of cancellation or termination in favour of the Cardholder (as consumer), cancellation or termination of the contract concerning the purchase of the StuttCard and the usage agreement is explicitly prohibited.
5.5. If the StuttCard is sold by means of a distance-selling channel, there will be no right of revocation pursuant to section 312b (3) no. 6 German Civil Code (BGB).
6. Use of the StuttCard; duties and liability of the Cardholder
6.1. In order to claim the Card Benefits, the Cardholder is obliged to carry the original StuttCard and to present it to the Service Partner before using the service. The Service Partner is not obliged to retrospectively grant the Card Benefit for the service concerned after a contract has been entered into and the individual service has been used.
6.2. The Cardholder or the person wishing to use the card is obliged to show a valid photo ID if requested. If they are unable to do so, the Service Partner is entitled to refuse to grant the Card Benefit. Where services and Card Benefits for the Cardholder are agedependent, the Service Partner is entitled to demand to see appropriate proof of age.
6.3. If the StuttCard is stolen, lost or damaged, the purchaser or the Cardholder is obliged to notify SMG of this immediately, but will not be entitled to a free replacement StuttCard or to obtain the Card Benefits without presenting the card, unless SMG or ist agents are responsible for the theft, loss or damage.
6.4. If the card is misused or if misuse is suspected, SMG and the Service Partners are entitled to demand the return of the StuttCard in accordance with the statutory provisions or to refuse to grant the Card Benefits, and to cancel the contract of sale and/or usage agreement and/or to terminate them without notice.
© Protected by copyright; RA Rainer Noll, Stuttgart