General Terms and Conditions

When you use Hotelgiftcard.com, different sets of terms may apply depending on how you interact with the website:

1. Use of the Hotelgiftcard

The use of the Hotelgiftcard is subject to the General Terms and Conditions of Hotelgiftcard.com. These outline how the card works, its validity period, and your rights as a user.

2. Bookings through our website

If you use your Hotelgiftcard to book accommodation, this is processed via the Expedia Partner Network. The following additional terms apply:

• The Booking Terms and Conditions of Expedia Inc. / Travelscape LLC. You will be explicitly asked to accept these during the booking process.
• The terms of the accommodation provider, including cancellation policies, house rules and any applicable fees. These will be shown during the booking process.

3. The role of Hotelgiftcard.com

We provide the platform and the gift card product, but we are not a party to the final agreement between you and the accommodation provider.
Hotelgiftcard.com (HGC) acts solely as an intermediary and does not issue invoices for the accommodation bookings.

In these General Terms and Conditions, the following terms have the following meanings:

1.  Hotelgiftcard.com (HGC): The organisation behind the Hotelgiftcard, including any legal successors.

2. User: Any person who purchases or uses a Hotelgiftcard to book overnight stays at 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 monetary value ([balance]).

5. Balance: The monetary value stored on the Gift Card, up to a maximum of 800 AUD, available for booking accommodation.

6. Remaining Balance: The unused portion of the Balance.

7. Partner Properties: Accommodation available through the Expedia Partner Network where the Gift Card can be used via HGC’s website. HGC has no direct contractual relationship with these providers and acts solely as an intermediary.

8. Expedia Partner Network: The platform that connects HGC to Partner Properties for booking purposes.

9. Resellers: Businesses authorised to sell the Hotelgiftcard on behalf of HGC.

Hotelgiftcard.com B.V.
Ambachtsweg 6
1474 HW Oosthuizen, The Netherlands
Company Registration (KvK): 78253411
VAT ID: NL861319588B01

3.1 Multiple legal relationships:
Use of the Gift Card and bookings via the HGC website involve distinct legal relationships:
•    Between the User and HGC (governed by these Terms),
•    Between the User and (i) Expedia Inc. / Travelscape LLC, and (ii) the selected Partner Property.
The respective terms of Expedia and the accommodation provider apply. HGC solely facilitates the booking and is not a contractual party to the accommodation agreement.

3.2 Acceptance:
By purchasing or holding a Hotelgiftcard, the User (whether buyer or recipient) accepts these General Terms and Conditions in full.

3.3 Changes to Terms:
HGC reserves the right to amend these Terms at any time. Substantial changes will be clearly communicated via the HGC website in a timely manner.

3.4 Exceptions:
Any deviations from these Terms are only valid if explicitly confirmed in writing by HGC.

3.5 Transfer of rights:
HGC may transfer its rights and obligations under these Terms to an affiliated company or third party, provided the User’s position is not materially affected.
 

4.1 Purchase:
The Gift Card may only be purchased via HGC or its authorised Resellers.

4.2 Responsibility for use:
Once purchased, the User is solely responsible for the safekeeping of the Gift Card and any associated codes.

4.3 Use of the balance:
The balance may only be used to book accommodation at Partner Properties via the HGC website.

4.4 Finality of payment:
Payments made with the Gift Card are final once confirmed through the HGC website.

4.5 Validity and expiry of the balance:
This Hotelgiftcard can only be redeemed for booking accommodation options at hotelgiftcard.com. Not exchangeable for cash. No refunds or replacements will be provided if the card is lost, stolen, damaged due to misuse, or expired. No change, vouchers, or refunds will be given on the remaining balance. The balance on this gift card can be used until its expiry. This gift card is valid for three years from activation (activation occurs automatically after purchase). Check your balance, expiry date, and full terms and conditions anytime at hotelgiftcard.com.

4.6 Transferability:
The Gift Card may only be transferred free of charge. The User remains responsible for proper use.

4.7 Service fees:
HGC charges a transparent service fee to facilitate bookings via the Expedia Partner Network. This fee is clearly displayed during checkout on the HGC website.

5.1 Loss or theft:
HGC is not liable for any loss or theft of the Gift Card. Users must report any such incidents immediately.

5.2 Misuse or fraud:
In the case of suspected misuse or fraud, HGC reserves the right to block the Gift Card and take legal action if necessary.

5.3 Card damage:
If the Gift Card is damaged, the remaining balance may be transferred to a new card, subject to an administrative fee.

6.1 HGC acts solely as an intermediary for accommodation bookings via the Expedia Partner Network. The accommodation contract is concluded directly between the User and the Partner Property.

6.2 To the extent permitted by law, HGC disclaims any liability for loss or damage resulting from use of the Gift Card or accommodation agreements, except in cases of wilful misconduct or gross negligence. Otherwise, liability is limited to the value of the affected booking.

6.3 Force majeure:
HGC shall not be liable for delays or failures caused by events beyond its reasonable control, including (but not limited to) system outages, government restrictions, pandemics, or labour disputes.

6.4 System availability:
Temporary unavailability of (parts of) the HGC website or booking functionality is considered a force majeure event and does not entitle the User to a refund or compensation.

7.1 Physical Gift Cards:
Can be cancelled within 14 days of receipt, provided the balance has not been used.

7.2 Digital Gift Cards:
Are not eligible for cancellation or refund once the unique code has been delivered and activated.

7.3 Business purchases:
Orders made for business purposes are non-refundable.

8.1 When using the Gift Card or making a booking through the HGC website, your personal data will be processed in accordance with the Privacy Policy published at privacy policy, in line with the Privacy Act 1988 (Cth) and the Australian Privacy Principles (APPs).

9.1 All rights to the name, logo, website, and underlying technology of Hotelgiftcard.com are owned by HGC or its licensors. Use or reproduction without prior written permission is strictly prohibited.

10.1 Governing law:
These Terms are governed by the laws of the Commonwealth of Australia and the State of New South Wales.

10.2 Exclusion of UN Sales Law:
The United Nations Convention on Contracts for the International Sale of Goods (CISG) does not apply.

10.3 Disputes:
Any dispute arising from these Terms shall be resolved by the competent courts of New South Wales, unless otherwise required by mandatory Australian consumer law.

10.4 Business disputes:
Where one party is a legal entity, disputes must first undergo good-faith negotiation and (where applicable) mediation before legal proceedings may be initiated.

10.5 Severability:
If any clause in these Terms is held invalid or unenforceable, the remaining provisions shall remain in full force. The invalid provision shall be replaced with one that most closely reflects its intended purpose.

10.6 Language clause:
In case of inconsistency between translated versions, the original Dutch version shall prevail.