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Terms and Conditions
Terms and Conditions of Rheinland-Pfalz Tourismus GmbH for the
Rheinland-Pfalz & Saarland Card / Saarland & Rheinland-Pfalz Card
Dear Visitors,
So far as they have been effectively agreed, the following Terms and Conditions govern the contractual relationship between you and those service providers which accept the Rhineland-Palatinate & SaarlandCard / Saarland & Rhineland-Palatinate Card – hereinafter referred to as "the Card“ - and also the corresponding agency relationship with Rheinland-Pfalz Tourismus GmbH, hereinafter referred to as "RPT“. We would therefore ask that you read these Terms and Conditions carefully.
1. Position of RPT and the service providers; applicable law
1.1 The term "service provider" is used in the following to describe those organisations and institutions which provide services to cardholders in accordance with the information in this leisure guide.
1.2. The term "cardholder" is used in the following to describe not only the purchaser and holder of the card, but also, without this being explicitly stated, every person, every company or every institution which legitimately uses the card in accordance with the contractual agreements. It also applies to children.
1.3. The position of RPT is exclusively that of operator of the card system and, in respect of the services provided via the card, exclusively that of agent. Accordingly, the specific usage agreement arising when the card is used is exclusively between the service partner and the cardholder, or other entitled person.
1.4. RPT is not a party to the contract with the cardholder or other entitled person in respect of the use of the services, and is not liable for any damage to property, personal injury or financial loss suffered by the cardholder or other entitled person. The foregoing provision shall not affect any liability of RPT arising under the agency agreement.
1.5. The contractual relationship between the cardholder or other entitled persons and the service partner shall be governed exclusively by the agreements concluded between the cardholder and the service partner, in particular the service partner's terms of use and terms and conditions of business, provided that these have been effectively agreed in accordance with the statutory provisions. So far as instructions and rules of use exist for the use of the service partner's services and facilities, use of the card to access these services/facilities shall be deemed to constitute acceptance of such instructions and rules as binding by the cardholder or other entitled persons.
1.6 The entire legal and contractual relationship between the service partner and RPT of the one part, and the cardholder or other entitled persons of the other part, shall be governed exclusively by German law.
2. Services, changes, times
2.1. The services to be provided in connection with the card ensue exclusively from the description in the leisure guide. A copy of this guide will be provided for every cardholder upon purchase of the card.
2.2. Information and assurances concerning types of services, in particular concerning the times of services, which go beyond the description of the services in the leisure guide shall not be binding either upon the service provider or upon RPT.
2.3. The scope of services may be restricted, depending on the type of card. Such restrictions are stated in the specific descriptions of the services for the card type concerned.
2.4. So far as the card provides services at a reduced price, the reduced price shall be granted according to the availability of these reduced-price services at the service provider concerned.
2.5. Children up to the age of five shall be entitled to use the contractual services free of charge. Children aged 5 to 14 must be in possession of the appropriate children's card issued for this age bracket.
2.6. Times of services may vary from those stated in the leisure guide for legitimate reason (e.g. weather, closures due to maintenance). The card grants access only during the operating season of the service partner concerned.
2.7. RPT shall not be liable for information concerning the scope of services and times of services unless it has supplied incorrect information intentionally or through gross negligence.
3. Return of card, termination of the contract, defects, exclusion period
3.1. The cardholder shall not have a general right to return purchased cards.
3.2. The card contract may only be terminated if the service partner and/or RPT is in serious breach of its contractual obligations vis-à-vis the cardholder or other entitled persons and such breach of duty is not remedied despite the cardholder or other entitled persons having given a warning and granting an appropriate additional period for performance.
3.3. Particularly if the reason for the termination is a restriction of the service or a refusal to perform by the cardholder, the cardholder is also obliged to notify RPT, in addition to notifying the service provider and demanding a remedy.
3.4. The cardholder or other entitled persons must notify the service partner without undue delay of any defects in the services procured via the card, and demand a remedy. If the cardholder fails to complain in the manner described, he shall forfeit his claim unless he is not culpable for such failure.
3.5. The cardholder must notify the service partner without undue delay of any claims relating to damage to property or pecuniary loss incurred in connection with use of the card, so far as he could objectively have identified the loss immediately. In any event such notification must be given before the cardholder or other entitled person leaves the place where the services are provided. Failure to do so shall result in the exclusion of the claims.
4. Duties of the cardholder, loss of the card, misuse
4.1. The services which may be utilised according to the description in the leisure guide always require the presentation of the original card (no copies) by the cardholder. This also applies to children's cards. The service partner and its staff are instructed and authorised to check that the person presenting the card is entitled to do so and, in the case of children's cards, to check the age of the children. In cases of legitimate doubt, use of the services may be refused.
4.2. The cardholder is obliged to look after the card carefully and prevent it from being misused by a third party.
4.3. In the event of the card being lost, the cardholder shall have no right to a replacement.
4.4. The cardholder is obliged to report the loss of the card without delay by telephone on +49 (0)261 915200. In the event of a culpable failure to report a loss, the cardholder shall be liable for loss incurred by the service partner and/or RPT from the misuse of the card.
5. Liability of the service partner and RPT
5.1. The liability of the service partners vis-à-vis the cardholder or other entitled parties shall be governed by the statutory provisions applicable for their business or service offering.
5.2. The liability of the service partners for loss other than physical injury, breach of essential contract terms and/or tort of the service partner, is limited to intentional and grossly negligent acts and omissions, and, in terms of amount, to ten times the price of the service to which the breach of duty giving rise to the liability pertains.
6. Other provisions
6.1. The cardholder or other persons entitled by virtue of the card may sue the service partner or RPT only at the registered office address of the service partner or RPT.
6.2. For any litigation between the cardholder or persons entitled by virtue of the card of the one part, and the cardholder or RPT of the other part, the registered office of the service partner or of RPT shall be agreed as the exclusive place of litigation, so far as the cardholder or other entitled person is a business, a legal entity under private or public law, or has no general place of residence or registered office address in Germany.
6.3. Should individual provisions of the above Terms and Conditions be or become invalid, this shall not affect the validity of the remaining provisions or the Agreement as a whole.
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