Preamble

Hotelcard AG, domiciled at Burgstrasse 18 in 3600 Thun, Switzerland (hereinafter “Hotelcard AG”), markets and brokers hotel stays in Switzerland, the Principality of Liechtenstein and Germany, Austria and Italy.

Personal Hotelcard

When the purchaser purchases a Hotelcard they will receive a card issued in their name (hereinafter “the Hotelcard”). The Hotelcard is non-transferrable. The last day of validity is specified on the Hotelcard. After it has expired the Hotelcard may no longer be used by the purchaser or any third party.

In the event the Hotelcard is lost or stolen, the purchaser is obliged to inform Hotelcard AG without delay. Should the Hotelcard be misused as the result of failure to notify loss/theft, then the purchaser must reimburse Hotelcard AG the sum of the price reduction granted to the card user on any hotel booking. A replacement card for a lost or stolen Hotelcard can be provided for a fee of CHF 15.00, unless the card has been misused.

The Hotelcard will remain the property of Hotelcard AG and Hotelcard AG may demand its return at any time without giving reasons.

Company Hotelcard

When the relevant company purchases a Company Hotelcard it will receive a card issued in the company’s name. The Company Hotelcard may be transferred within the company. The last day of validity is specified on the Hotelcard. After it has expired the Company Hotelcard may no longer be used.

Unless these GTCB envisage anything else, the above and following provisions concerning the personal Hotelcard will also apply correspondingly to the Company Hotelcard.

Purchase of the Hotelcard

The Hotelcard is purchased by submitting a completed order form on the Hotelcard AG web portal (www.hotelcard.com); 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 order form).

By submitting the form on the Hotelcard AG web portal or making an order by telephone the purchaser is declaring their consent to these GTCB. The current version of the GTCB displayed on the Hotelcard AG web portal will apply in each case.

Hotelcard AG will confirm the order by email. The order confirmation is of purely declaratory value.

Delivery times

Delivery can be made both in Switzerland and also abroad.

The delivery time in Switzerland is generally 7 – 10 working days. Deliveries abroad generally take 12 – 14 working days.

In the event of delays in delivery, caused for example by force majeure, traffic disruption or acts of God as well as other circumstances for which we are not responsible, claims for damages cannot be made against us.

Obligations of the purchaser

Upon ordering the Hotelcard the purchaser undertakes to pay all claims punctually. Claims are payable immediately insofar as Hotelcard AG has not granted any deadline.

The purchaser is obliged to notify any and all changes concerning the information supplied when they made their purchase within 15 days using the contact form provided on the Hotelcard AG web portal. In addition to this, they are obliged to punctually submit the documents required to perform the service.

The purchaser is obliged to ensure that Hotelcard’s electronic messages reach them and that their delivery is not prevented by security measures (in particular spam filters).

Vouchers and discount codes

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.

Hotelcard purchasers may redeem the vouchers as a means of payment when placing an order via the Hotelcard AG web 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 cardholder and Hotelcard. Vouchers cannot be used to pay for the extension of an existing Hotelcard membership (subscription) and/or for the purchase of a new card by a purchaser who has already purchased a Hotelcard within the last two years.

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 cannot be accumulated and used to order a single Hotelcard or voucher. Only one discount code may be redeemed per cardholder and Hotelcard. Discount codes cannot be used to pay for the extension of an existing Hotelcard membership (subscription) and/or for the purchase of a new card by a purchaser who has already purchased a Hotelcard within the last two years.

Hotel bookings

The Hotelcard entitles the holder to book accommodation with the tourism companies listed on the Hotelcard AG web portal. One Hotelcard can be used to book one room. The Hotelcard purchaser has a fundamental claim to a discount of up to 50 % of the standard rate stated by the tourism company.

The claim to booking and discount only exists insofar as the tourism company offers the possibility to book at the special rate on the desired booking date. The claim to make a booking with a tourism company at the 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 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 member via the Hotelcard AG web portal or by means of a direct enquiry by the member to the tourism company, insofar as the tourism company has not stated on the Hotelcard AG web portal that it does not wish such a form of contact. Hotelcard AG may implement technical measures on its web portal to transmit the member’s booking to the tourism company.

The tourism company and the member are parties to the accommodation contract. Hotelcard AG is not a party to such agreements. The accommodation agreement will only come into existence upon the tourism company confirming the booking to the member.

When making a booking with the tourism company the member must always indicate that they are a Hotelcard holder. Should they fail to do so, then it is at the discretion of the hotel to grant the member the price reduction as per the provisions above. The member must present their Hotelcard to the tourism company on arrival.

The prices, levies and other costs of 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.

Price

The Hotelcard price is based on the information published on the Hotelcard AG web portal at the time of the purchase offer. Should, in the absence of a termination, the validity of the Hotelcard be automatically extended, then the purchaser will be charged CHF 99.00. When ordering the Hotelcard on account 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 they fail to pay Hotelcard AG invoices punctually. Should the purchaser be issued with a demand for payment in the form of a reminder, then they 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. Reminder fees will be accumulated and charged in one single invoice. In collection cases, an additional annual percentage rate of up to five percent from the due date plus processing fees may 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.

Contract duration and termination

The contract will only come into force upon Hotelcard AG’s consent to the purchaser’s purchase offer and will apply for an indefinite period.

The contract may be terminated with a period of notice of 14 days to the end of the Hotelcard’s period of validity. The termination must be made in writing or electronically to Hotelcard AG. It will become effective upon confirmation of the termination by Hotelcard AG.

Example of the period of notice:

Subscription year: 15 August 2019 to 14 August 2020
Last termination date: 31 July 2020

The notice of termination can be transmitted online by the termination form

Should the purchaser fail to give notice punctually, then the validity of the Hotelcard will automatically be extended for a further twelve months. Hotelcard AG will inform the member by email concerning automatic extension of the contractual duration prior to commencement of the period of notice. 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 a period of notice. Should the reason for termination not be related to the purchaser’s person, then the Hotelcard purchase price will be refunded on a pro rata temporis basis.

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 web portal is not subject to any guarantee for the correctness and/or completeness of the offerings and/or information published on the web portal.

Hotelcard AG is, in particular, not liable for any deviations of the tourism company’s prices from those stated on the Hotelcard AG web portal.

Hotelcard AG is, in particular, not liable for non-performance or improper performance on the part of the tourism company booked. The purchaser must, in the case of defective performance of the accommodation agreement between the tourism company and the member, 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 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 will waive the option of offsetting their claims against any on the part of Hotelcard AG (waiver of offsetting), unless the offsetting takes place with Hotelcard AG’s written consent.

Forwarding of data

Hotelcard AG complies with data protection law. 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.

For further information on the processing of personal data and on data subjects’ rights, see our data protection declaration. The current version displayed on the Hotelcard AG web portal will apply in each case.

Amendments to prices and to the GTCB

Prices and services may be adjusted at any time. The purchaser will, in the case of substantial amendments and adjustments to the GTCB following conclusion of the contract, be informed by email concerning these amendments and adjustments. Should the amendments and adjustments be to the detriment of the purchaser, then they may, up until the point at which the amendment or adjustment comes into force, terminate the contract to that date. Should they fail to do so, then they will have accepted the amendments. The new GTCB will replace the GTCB which were previously in force in their entirety.

Third party discounts 

Thanks to a partnership between Hotelcard AG and ebookers.com / ebookers.ch Hotelcard members benefit from a 10 % discount at ebookers.com / ebookers.ch. To qualify for the discount Hotelcard members must enter a discount code at the ebookers.com / ebookers.ch check-out. The price will then be adjusted accordingly.
Granting of the discount is at the absolute discretion of ebookers.com / ebookers.ch. Hotelcard members have no claim to a discount. In particular, in individual cases technical grounds may make it impossible to grant the discount. Hotelcard AG or ebookers.com / ebookers.ch are entitled to discontinue the discount offering at any time and without giving reasons.

Hotelcard AG is not a party to contracts which are concluded via the ebookers.com / ebookers.ch website. Such agreements are concluded between ebookers.com / ebookers.ch and Hotelcard members. Hotelcard AG does not accept any liability in connection with use of the ebookers.com / ebookers.ch web portal. Hotelcard AG is, in particular, not liable for incorrect bookings, cancellations or other problems relating to bookings made by Hotelcard members via the web portal.

Hotelcard AG is not responsible for enquiries, complaints or other issues relating to use of the ebookers.com / ebookers.ch web portal. All enquiries relating to bookings made via ebookers.com / ebookers.ch must be made directly to ebookers.com / ebookers.ch.

Applicable law and place of jurisdiction

The agreements made 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 procedures (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 in Switzerland.

Current as of: 28.05.2020
Hotelcard AG