General Terms and Conditions for Vouchers

TECHNICAL REALISATION:

Incert eTourismus GmbH & Co KG

Leonfeldner Straße 328

A-4040 Linz

phone: +43 (0)732 89 00 18-0

office(at)incert.at
www.incert.at

GENERAL TERMS AND CONDITIONS – ONLINE SALE OF VOUCHERS

General Terms and Conditions of Conference Center & Hotel Munich Unterschleißheim GmbH (VOUCHER SHOP OR ONLINE SALE)

The following terms and conditions apply to all contracts currently concluded with us and, insofar as they do not relate to contracts with consumers, to all future contracts concluded with us concerning the distance selling of vouchers for goods and services via the online voucher shop of Conference Center & Hotel Munich Unterschleißheim GmbH.

The general terms and conditions of the customer are not accepted.

1. CONCLUSION OF CONTRACT

The contract is concluded between the customer, as the purchaser, and

Conference Center & Hotel Munich Unterschleißheim GmbH

Andreas-Danzer-Weg 1-3

D-85716 Unterschleißheim
 

Managing Director: Andreas Striebel;

Munich Local Court HRB 179459;

VAT No.: DE265122520,
 

as the seller.
 

The products (vouchers) displayed in the online voucher shop are merely invitations to place an order and do not constitute a binding offer. By placing an order by clicking the ‘Buy now’ button, the customer makes a binding offer to conclude a sale contract for the selected voucher(s), to which they are bound for 48 hours. We shall notify the customer immediately by email to the email address provided by them of receipt of the order and the details of the contract to be concluded (order confirmation). The offer is accepted by means of an order confirmation via email. If no order confirmation is issued within the aforementioned period, the offer to purchase shall be deemed rejected and no contract of sale shall be concluded. Provided that we have accepted the offer to purchase, the vouchers ordered will be made available for download and printing (Print@home) in PDF format via the online voucher shop or sent digitally in PDF format by email to the email address provided by the customer, or, at the customer’s request, by post, in each case following full payment.
 

Images and photographs may differ from the actual product. The offer is subject to errors and changes regarding the products shown (vouchers).

2. RIGHT OF WITHDRAWAL AND RIGHT TO RETURN GOODS IN CONTRACTS WITH CONSUMERS

2.1. RIGHT OF WITHDRAWAL

If the customer is a consumer within the meaning of Section 13 of the German Civil Code (BGB), they may withdraw from the contract in writing within 14 days without giving any reason. The period begins on the day on which the customer, or a third party designated by them who is not the carrier [CL1] , takes possession of the voucher. If the voucher is made available for download or by email in PDF format, the withdrawal period begins on the day it is made available.

The notice of withdrawal must be sent to:

Conference Center & Hotel Munich Unterschleißheim GmbH

Andreas-Danzer-Weg 1–3
85716 Unterschleißheim

phone: +49 89 999 560
fax: +49 89 370 530 911
email: info(at)infinity-munich.de

To exercise the right of withdrawal, the customer must inform us of their decision to withdraw from the contract by means of a clear statement (e.g. by letter, fax or email). A model withdrawal form may be used, but this is not mandatory. Upon receipt of the notice of withdrawal, we will send confirmation without delay.

It is sufficient to send the notice of withdrawal in good time to meet the deadline.

2.2 CONSEQUENCES OF WITHDRAWAL

In the event of a withdrawal, we will refund all payments made by the customer, including delivery costs (except for any additional costs arising from a different delivery method chosen by the customer), without delay and at the latest within 14 days of receiving the notice of withdrawal.

The refund will be made using the same payment method as for the original transaction, unless otherwise agreed. The customer will not be charged any fees for the refund.

We may withhold a refund until we have received the goods back or the customer has provided proof that they have been returned. This does not apply to vouchers that have been provided exclusively in digital form (as a download or by email); these are cancelled electronically.

The customer must return any vouchers sent by post to us within 14 days of cancelling the order. The customer is responsible for the cost of returning the vouchers.

For vouchers issued digitally, there is no obligation to return them; the voucher is invalidated electronically.

2.3 EXPIRY OF THE RIGHT OF WITHDRAWAL

The right of withdrawal lapses, if

(1) the voucher has already been redeemed on site during the withdrawal period with the customer’s consent, or

(2) the voucher is used to book a service in the field of accommodation for purposes other than residential purposes, the carriage of goods, car hire, the delivery of food and drink, or other leisure activities, provided that a specific date or period is stipulated for the provision of the service

This exception does not apply to certain travel services as defined in Section 651a of the German Civil Code (BGB) if these were contracted for outside business premises (see the Act for exceptions).
 

3. PRICES AND TERMS OF PAYMENT

3.1. PRICES

The prices quoted do not include VAT, as the voucher itself represents credit for its full-face value. An invoice showing VAT cannot be issued until the service has been provided, i.e. when the voucher is redeemed (German Sales Tax Act, UstG).

3.2. PAYMENT

The purchase price for the voucher(s) ordered can be paid by credit card or via online instant bank transfer.
 

4. REDEEMING

4.1. GENERAL PROVISIONS

The vouchers purchased or ordered may only be redeemed at Conference Center & Hotel Munich Unterschleißheim GmbH, in accordance with their designated purpose and the relevant service description. The voucher(s) ordered may be redeemed by the person presenting them. Cash redemption is not possible. Should the value of the goods or services consumed be less than the value of the voucher, the remaining balance will be credited by the hotel.

4.2. CASH PAYOUT

The value of the voucher cannot be paid out in cash, unless the seller is unable to supply the relevant goods or services.

4.3. LIMITATION PERIOD

The right to redeem the voucher expires 3 years after the end of the year in which the voucher was issued (as per the issue date).

4.4. RECEIPT OF PAYMENT

Conference Center & Hotel Munich Unterschleißheim GmbH is only obliged to redeem vouchers if the purchase price due for the voucher has been paid in full.

4.5. PARTIAL REDEMPTION

If the price of the goods or services for which the voucher is redeemed is less than the voucher’s value, the person redeeming the voucher will be issued with a credit note for the difference on the spot. The period during which the credit note may be redeemed corresponds to the remaining period during which the original, partially redeemed voucher may be redeemed.
 

5. LIABILITY

5.1. ESSENTIAL CONTRACTUAL OBLIGATIONS

We shall be liable for any culpable breach of our material contractual obligations in accordance with the statutory provisions. However, if we are not at fault for either gross negligence or wilful misconduct, we shall only be liable for the foreseeable damage that typically arises.

5.2. OTHER DAMAGE

In all other cases, we shall be liable if damage has been caused by one of our legal representatives or by a vicarious agent acting with intent or gross negligence.

5.3. PERSONAL INJURIES AND WARRANTY

In case we have assumed a guarantee, and in the case of damage resulting from death, personal injury or damage to health, we shall be liable in accordance with the statutory provisions.

5.4. PRODUCT LIABILITY

Liability under the Product Liability Act remains unaffected.

5.5. EXCLUSION

Otherwise, claims for damages against us arising from breaches of duty are excluded.

5.6. POSTAL DELIVERY

No liability is accepted for late delivery by post.
 

6. DATA PROTECTION

6.1. DATA COLLECTION

The customer consents to the collection, processing and use of their personal data for the purposes of contract fulfilment. We process your details using automated systems. This data will not be disclosed to third parties.

6.2. DATA SECURITY

Your security is our top priority! That is why details such as your credit card number, sort code, account number, name and address are transmitted via a secure SSL connection when you pay with your credit card. In this manner it can be ensured that no unauthorised person can read the details you have entered whilst they are being transmitted over the internet. To provide additional security in the voucher shop, we implement a range of further security measures.

6.3. DATA PROTECTION RIGHTS

The customer’s rights under the Federal Data Protection Act (BDSG) and the General Data Protection Regulation (GDPR) remain unaffected.
 

7. FINAL PROVISIONS

7.1. PLACE OF PERFORMANCE AND JURISDICTION

In relation to merchants, legal entities under public law or special funds under public law, Munich shall be the place of performance for all obligations of both parties to the contract and the place of jurisdiction for all legal disputes arising in connection with this contract. The same shall apply to individuals who, after the conclusion of the contract, transfer their place of residence or habitual abode abroad, or whose place of residence or habitual abode is unknown.

7.2. SEVERABILITY

Should any provision of this contract be invalid, this shall not affect the validity of the remaining provisions or the continued existence of the contract. Unless discretionary statutory law applies, the invalid provision shall be replaced by a provision which, in its economic substance, most closely approximates the invalid one. The same shall apply in the event of a gap in the contract.