1. Use of the Hotelgiftcard
The use of the Hotelgiftcard is governed by the General Terms and Conditions of Hotelgiftcard.com, which outline how the card works, its validity, and your rights as a user.
2. Bookings through our website
If you use your Hotelgiftcard to make a booking, this is processed via the Expedia Partner Network. The following additional terms will apply:
3. The role of Hotelgiftcard.com
We provide the platform and the gift card product, but we are not a party to the final contract between you and the accommodation provider.
Hotelgiftcard.com (HGC) acts solely as an intermediary and does not issue invoices for accommodation bookings.
In these Terms and Conditions, the following terms shall have the meanings set out below:
1. Hotelgiftcard.com (HGC): The company operating the Hotelgiftcard platform, including any successors.
2. User: Any individual who purchases or uses a Hotelgiftcard to book accommodation with Partner Properties.
3. Agreement: The contractual relationship between the User and HGC.
4. Gift Card: The Hotelgiftcard issued by HGC or its authorised Resellers, loaded with a prepaid value ([balance]).
5. Balance: The prepaid monetary value on the Gift Card, up to a maximum of 500 euro, available to be used for bookings.
6. Remaining Balance: Any unused portion of the Balance following partial redemption.
7. Partner Properties: Accommodation providers accessible via the Expedia Partner Network, bookable using the Gift Card on HGC’s website.HGC has no direct relationship with these providers and acts only as an intermediary.
8. Expedia Partner Network: The booking platform integrated with HGC for accommodation listings and reservations.
9. Resellers: Businesses authorised to sell the Gift Card on behalf of HGC.
Hotelgiftcard.com B.V.
Ambachtsweg 6
1474 HW Oosthuizen, The Netherlands
Company registration (KvK): 78253411
VAT number: NL861319588B01
3.1 Multiple relationships:
The use of the Gift Card and the booking of accommodation via the HGC website involves separate legal relationships:
• between the User and HGC (covered by these Terms),
• between the User and (i) Expedia Inc. / Travelscape LLC, and (ii) the selected accommodation provider.
3.2 Acceptance of Terms:
By purchasing or using the Gift Card, the User (whether buyer or holder) accepts these Terms and Conditions in full.
3.3 Changes to the Terms and Conditions:
HGC reserves the right to make changes to these General Terms and Conditions. Any changes will be published in a timely and clear manner on the HGC website. In the event of material changes, HGC will inform the User thereof, where possible prior to such changes taking effect.
3.4 Deviations: Any deviation from these Terms must be explicitly confirmed in writing by HGC to be valid.
3.5 Transfer of rights:
HGC may transfer its rights and obligations under these Terms to a group company or third party, provided that this does not materially disadvantage the User.
4.1 Purchase:
The Gift Card may only be purchased via HGC or authorised Resellers.
4.2 Responsibility:
The User is responsible for the secure safekeeping of the Gift Card and any associated codes.
4.3 Use of the Balance:
The Balance may only be used for bookings of accommodation with Partner Properties via HGC’s website.
4.4 Payments:
Payments made using the Gift Card are final once they have been confirmed on the HGC website.
4.5 Validity and Expiry:
This Hotelgiftcard may only be used to book accommodation on hotelgiftcard.com. No refunds or replacement cards will be issued in the event of loss, damage or expiry of the Gift Card. The Balance on this Gift Card may be used until its expiry date. This Gift Card is valid for a period of five (5) years from activation (activation takes place automatically after purchase). The Balance, expiry date and applicable terms and conditions can be consulted at any time on hotelgiftcard.com. This Gift Card is issued by HotelGiftcard.com B.V.
4.6 Transferability:
The Gift Card may only be transferred free of charge. The original User remains responsible for the secure use of the Gift Card.
4.7 Service fees:
HGC charges a transparent service fee for bookings made via the Expedia Partner Network. This fee is clearly displayed during the booking process.
5.1 Loss or theft:
HGC is not liable for lost or stolen Gift Cards. The User must notify HGC immediately in such cases.
5.2 Misuse or fraud:
In the event of misuse or suspected fraud, the Gift Card will be blocked. HGC may take legal action where appropriate.
5.3 Damaged cards:
If a Gift Card is damaged, the remaining balance may be transferred to a replacement card subject to an administrative fee.
6.1 HGC acts solely as an intermediary for accommodation bookings made via the Expedia Partner Network. The contract for the accommodation is concluded directly between the User and the Partner Property, subject to the applicable terms and conditions of Expedia and the relevant Partner Property. The Hotelgiftcard may only be used for bookings made via the HGC website.
6.2 HGC shall not be liable for any damage arising from the use of the Hotelgiftcard or from the agreement with the Partner Property, unless such damage is caused by wilful misconduct or gross negligence on the part of HGC. In all other cases, the liability of HGC shall be limited to the value of the relevant booking, subject to a maximum amount.
6.3 HGC shall not be liable for any damage caused by force majeure, including failures in connections, networks or systems, government measures, strikes, pandemics, or other circumstances beyond the reasonable control of HGC. Where force majeure occurs, HGC shall use reasonable efforts to mitigate the consequences for the User.
6.4 Temporary unavailability of the platform or booking system shall be considered force majeure and shall not entitle the User to compensation.
7.1 Physical gift cards:
Purchases of physical gift cards may be cancelled within fourteen (14) days, provided that the balance has not been used.
(pursuant to Sections 11–18 of the FAGG)
7.2 Digital gift cards:
Digital gift cards are excluded from the right of withdrawal if the code has already been delivered and activated
(Section 18(1)(11) of the FAGG).
7.3 Business purchases:
Purchases made in a business or commercial context (B2B) are excluded from the right of withdrawal.
8.1 When using the gift card and the website, personal data are processed. The Privacy Policy as set out under the data protection provisions applies, in accordance with the General Data Protection Regulation (GDPR) and the Austrian Data Protection Act (DSG).
9.1 All rights to the name, logo, website and underlying technology of Hotelgiftcard.com are vested in HGC or its licensors. Any use, reproduction or copying thereof without the prior written consent of HGC is prohibited.
10.1 Applicable law:
These General Terms and Conditions shall be governed by and construed in accordance with the laws of Austria.
10.2 Exclusion of the CISG:
The United Nations Convention on Contracts for the International Sale of Goods (CISG) does not apply.
10.3 Jurisdiction:
For consumers, the statutory place of jurisdiction shall apply.
For business-to-business (B2B) transactions, the competent court in Vienna is agreed.
10.4 Dispute resolution for businesses:
In disputes involving business entities, the parties agree to first attempt to resolve the dispute amicably or through mediation before initiating legal proceedings.
10.5 Severability:
If one or more provisions of these General Terms and Conditions are held to be wholly or partially invalid or unenforceable, the remaining provisions shall remain in full force and effect. In such case, the invalid or unenforceable provision shall be replaced by a valid provision that most closely reflects the intent and purpose of the original provision.
10.6 Language:
In the event of any discrepancies between translations, the original Dutch version shall prevail.
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