Terms and conditions of use for the KönigsCard
with the general guest card, hereinafter referred to as „KönigsCard“, you are receiving a special version of the general guest card, hereinafter referred to as „BasisCard“. The „KönigsCard“ offers you special services and benefits in addition to the services included with the BasisCard, with the aim of making your stay in the Allgäu-Tyrol/Vitales Land, Ammergau Alps and Blaues Land (Blue Country) region a special experience. Clear agreements on mutual rights and obligations which are made with you in the form of the following terms and conditions contribute to the achievement of this objective.
Please read these terms and conditions of use carefully prior to making use of the services.
1. Principle, parties, BasisCard
1.1 KönigsCard Betriebs GmbH is the issuer of the KönigsCard and, with regard to this version, is the contracting party to the card usage agreement with the card holder.
1.2 The sole contracting parties to the card usage agreement with regard to the BasisCard are the municipalities and other bodies which issue the BasisCard.
1.3 The following provisions refer exclusively to the card usage relationship with KönigsCard Betriebs GmbH in respect of the KönigsCard. They accordingly do not apply to the card usage relationship in respect of the BasisCard pursuant to point 1.2. With regard to the BasisCard, the agreements reached with the issuers of the BasisCard, their terms and conditions of use (if agreed) and the applicable legal provisions apply.
2. Definition of participants in the KönigsCard, regulations concerning the service partners
2.1 Service partners within the meaning of these terms and conditions of use are those institutions, companies, freelancers, professionals and facilities named in the applicable KönigsCard service and provider directory as suppliers and providers of the respective services.
2.2 Hosts within the meaning of these terms and conditions of use are the private landlords participating in the KönigsCard guest card system and commercial providers of lodgings.
2.3 These terms and conditions govern both the conditions for the use of the card itself and the contractual and service relationship with the service partner.
3. Legal basis, information and undertakings of third parties
3.1 The contractual and service relationship between the cardholder and the service partner is governed by the corresponding provisions of these terms and conditions of use and, if agreed with legal effect or generally applicable pursuant to statutory provisions, the terms and conditions and/or general terms of delivery or conditions of carriage of the service partner as well as the legal rules applicable to the service relationship in question.
3.2 The agents issuing the card are not authorised by the (tourism office) as the issuer to conclude agreements deviating from these terms and conditions of use or to provide information or make pledges that differ from, contradict or go beyond the applicable specifications of the card. The same applies mutatis mutandis to the service partners, with the exception of those circumstances in which the information provided or the deviating agreement or pledge relates to their own performance.
3.3 The issue and use of the card do not in themselves constitute a contractual obligation between the card holder and the issuer, or, as the case may be, the issuing agents. The service partner in question rather than the card issuer or issuing agent is solely responsible to the cardholder for the performance of the service in question, unless the service in question is one to be performed by the issuer or the issuing agent.
3.4 The issuer or, as the case may be, issuing agent itself is not bound by a contractual obligation, whether it be a principal or secondary contractual obligation, toward the cardholder in respect of the services.
4. Fee for the card, relationship of the card services to other services of the issuing agents and the service partners
4.1 The KönigsCard and the services that can be taken advantage of using the card are free of charge to the authorised users.
4.2 The services set out in the current specifications do not constitute a principal tourist service in the context of other contractual services of KönigsCard Betriebs GmbH as the issuer or, as the case may be, of the issuing agents. The aforementioned do not therefore have the status of tour operators in relation to the card services within the meaning of the statutory provisions.
5. Conclusion of the card usage agreement and issue of the card
5.1 The KönigsCard is a voluntary private sector service offered by KönigsCard Betriebs 113 Nutzungsbedingungen GmbH as issuer and the participating service partners. No general right to issue the card exists.
5.2 With the offer to actually issue the card, KönigsCard Betriebs GmbH as the issuer, represented by the respective issuing agents, is offering the authorised user (see section 5 of these conditions) the opportunity to conclude a binding card usage contract on the basis of these terms and conditions of use and the applicable specifications.
5.3 The card usage agreement comes into force with the acceptance of the card by the customer or with the first actual use of the card. It ends, regardless of whether or not the card is returned, with the contractual end of the authorised user’s stay with the host, without any need for a termination.
6. Authorised users
6.1 Authorised users are all guests of the participating hosts within the meaning of section 1.3 of these terms and conditions.
6.2 Unless otherwise agreed in the applicable specifications, especially for accompanying children, only the card holder is entitled to use the card. The card is non-transferable.
7. Type and scope of the card services, limitation of services, exclusion of the cardholder from the use of the card
7.1 With the issue of the card, the issuer permits the cardholder to make use of the services listed in the applicable specifications.
7.2 The nature and scope of the services for the cardholder is determined exclusively by the card specifications in force at the time of issue of the card; these specifications are either issued to the cardholder along with the card, generally announced or otherwise made known.
7.3 If the card offers discounts on services for which a fee is payable, only the discount offered by the current specifications can be claimed. Further discounts, of no matter what kind, with particular reference to those offered by other cards, cannot be claimed at the same time or in addition.
7.4 The service partners undertake to provide the services exclusively in accordance with the general terms and conditions of their business activities, in particular taking into account their advertised performance periods, opening times and general performance requirements (e.g. weather-related requirements).
7.5 If the services which can be claimed with the card are also described in places other than the applicable specifications in other promotional materials (host directories, brochures, catalogues, websites), only the specifications in the applicable specifications apply to the use of these services by the cardholder. This applies in particular if the description of the specifications for the KönigsCard differs from such other specifications.
7.6 Given objective reasons to do so, the service partner can restrict the advertised services, in whole or in part, in particular in relation to time. Such objective reasons include, in particular, impediments to performance due to weather conditions, official regulations or orders, maintenance and repair work, measures taken for reasons of transport safety, excessive congestion or overcrowding of facilities and other factual reasons of equal standing.
7.7 The issuer and service partners can exclude the cardholder and other authorised users wholly or partially, temporarily or indefinitely from the use of the card if the cardholder or other users fail to satisfy specific personal requirements (e.g. health requirements or requirements for clothing and equipment), or if the actual use of the card is expected to constitute a risk to the cardholder or authorised user, third parties or institutions of the service partner. The same applies if, in connection with the use of the card, the cardholder/authorised user violates statutory provisions, safety regulations, regulations of use or instructions from supervisors or conducts him- or herself in any other way so grievously in breach of the contract that the exclusion is objectively justified.
7.8 A restriction on performance pursuant to 7.5 or 7.7 or a legitimate exclusion pursuant to 6.5 will not entitle the cardholder / authorised user to any claims.
7.9. The services of the KönigsCard can be used only during the cardholder’s stay in a commercial lodging establishment or with a private landlord or in other accommodation within the territorial scope of the card.
7.10 The cardholder is not entitled to transfer the card and/or its services to future stays or other persons.
8. The use of the card, obligations and liability of the cardholder
8.1 To take advantage of the services the cardholder is obliged to present the original card to the service partner for electronic validation or visual inspection prior to taking advantage of the service.
8.2 The cardholder is obliged to present a valid photo ID upon request. If he or she cannot do so, the service partner may refuse to perform the service. In the case of age-specific services and benefits for the cardholder or their authorised relatives, the service partner may require corresponding proof of appropriate age. 114 Terms and conditions of use
8.3 In the event of the theft, loss or defectiveness of the card, the cardholder is obliged to immediately report this state of affairs to the issuing agent, although it must be noted that this will not entitle them to the free of charge issue of a new card.
8.4 The cardholder is liable to the issuer and/or the issuing agent and the service partners for damage resulting from misuse of the card by the former or by third parties for which the cardholder is culpably responsible, either solely or in conjunction with others.
8.5 In the event of actual or suspected misuse, the service partners, issuer or host will be entitled to confiscate the card without substitution.
8.6 Unless otherwise listed in the specifications, the card does not include any insurance services. It is incumbent on the cardholder to ensure that he or she has insurance cover, in particular for accidents related to the use of the card services.
8.7 It is incumbent on the cardholder to enquire into and ensure his or her personal suitability and fulfilment of requirements, in particular in respect of health and with regard to those official formalities required for the use of the card services.
9. Rights to amend the card services and these terms and conditions of use
9.1 The issuer and the service partners reserve the right by means of unilateral declaration or public announcement for objective reasons to change the services listed in the respectively applicable specifications. The same applies mutatis mutandis to the amendment of the terms and conditions of use by the issuer.
9.2 Amendments after the card has been issued are excluded for the period relevant to the cardholder in question.
10. Liability and limitation of liability of the issuer and the issuing agents
10.1 The liability of the issuer arising from the card usage agreement and of the issuing agents with regard to the issue of the card is limited to intent and gross negligence, with the exception of claims arising from injury to life and limb on the part of the cardholder.
10.2 The liability of providers of chargeable services is limited in accordance with their terms and conditions, if agreed and effective, and with effective applicable laws.
11. Limitation of claims
11.1 Contractual claims of the cardholder and additional authorised users against the service partner or the (tourism office) arising from injury to life, limb or health, including contractual claims for damages for pain and suffering, which are based on a negligent breach of duty by the service partner or (tourism office) or an intentional or negligent breach of duty by the legal representatives or vicarious agents of the same, expire in three years. This also applies to claims for compensation for other damages based on a negligent breach of duty by the service partner or, as the case may be, KönigsCard Betrieb GmbH or on a deliberate or grossly negligent breach of duty by their legal representatives or vicarious agents.
11.2 All other contractual claims expire in one year.
11.3 The limitation period pursuant to the above begins in each case at the end of the year in which the claim arose and the card holder or authorised user becomes aware of circumstances which justify the claim and of the culpability of the service partner or would have become aware thereof without gross negligence.
11.4 Should negotiations concerning enforced claims or the circumstances giving rise to the claim be suspended between the cardholder or authorised user and the service partner or (tourism office), the period of limitation will also be suspended until such time as the cardholder or authorised user, or the service partner or (tourism office) refuses to continue with the negotiations. The aforementioned limitation period of one year will then commence at the earliest 3 months after the end of the suspension.
12. Choice of applicable law and jurisdiction
12.1 The contractual relationship between the authorised user of the card and KönigsCard Betriebs GmbH is governed exclusively by German law. The same applies to all other legal relationships.
12.2 The authorised user of the card can bring legal action against KönigsCard Betriebs GmbH only at its head office.
12.3 For legal action brought by KönigsCard Betrieb GmbH against the authorised user of the card, the place of residence of the authorised user is decisive. For lawsuits against guests or clients who are merchants, legal persons under public or private law, or persons whose domicile / place of business or usual place of residence is in a foreign country or whose domicile / place of business or usual place of residence is not known at the time the lawsuit is filed, the place of jurisdiction is agreed to be the official address of the host.
12.4. The foregoing provisions do not apply if and to the extent that mandatory provisions of the European Union or other international provisions are applicable to the contract.
© These terms and conditions of use are protected by copyright; RA Noll, Stuttgart, 2008-2009 115