When you use Hotelgiftcard.com, different types of terms and conditions may apply, depending on what you do on our website:
1. Use of the Hotelgiftcard:
For the use of the gift card, the General Terms and Conditions of Hotelgiftcard.com apply. These set out how the card works, its validity, and your rights as a user.
2. Bookings via our website:
When you book an overnight stay with your gift card, this is processed via the Expedia Partner Network. Additional terms and conditions then apply to your booking:
3. The role of Hotelgiftcard.com:
We provide the platform and the gift card, but we are not a party to the final agreement between you and the accommodation. We act solely as an intermediary. HGC is not a party to the final agreement between you and the accommodation and does not issue an invoice for the booking.
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 legal relationships:
When using the Hotelgiftcard and booking accommodations via the HGC website, multiple legal relationships apply. The relationship between the User and HGC is governed by these General Terms and Conditions. When the User books an overnight stay via the HGC website, additional agreements are formed between the User and (i) Expedia Inc. / Travelscape LLC and (ii) the selected Partner Accommodation. The applicable terms and conditions of Expedia and of the relevant accommodation apply to these bookings. HGC acts solely as an intermediary in this respect.
3.2 Applicability of these terms:
By purchasing or obtaining possession of the Hotelgiftcard, the User (both the purchaser and the holder of the card) accepts these General Terms and Conditions. These terms apply to all offers, agreements, and services of HGC.
3.3 Amendment of terms:
HGC reserves the right to amend these General Terms and Conditions. Amendments will be published in a timely and clear manner via the HGC website. In the event of material changes, HGC will inform the User thereof, where possible prior to their entry into force.
3.4 Deviations:
Deviations from these General Terms and Conditions are only valid if expressly confirmed in writing by HGC.
3.5 Assignment:
HGC is entitled to assign its rights and obligations arising from these terms and conditions to an affiliated company or a third party, provided that this does not materially prejudice the position of the User.
4.1 Purchase of the gift card:
The Hotelgiftcard gift card may only be purchased via HGC or authorised resellers.
4.2 Responsibility for the card:
After purchase, the User is responsible for the safe keeping of the Hotelgiftcard gift card and the associated codes.
4.3 Use of the balance:
The Hotelgiftcard gift card may only be used to book overnight stays with partner establishments.
4.4 Payment via the Hotelgiftcard gift card:
Payments made using the Hotelgiftcard gift card are final once the User confirms the payment on the HGC website.
4.5 Validity and expiration of the balance:
The gift card is valid for two (2) years after activation (activation takes place automatically after purchase) and may only be used on hotelgiftcard.com to book accommodation. The balance may be spent in multiple transactions and, where applicable, supplemented with another payment method. In the event of loss, theft or expiry, no refund will be granted. The gift card is not exchangeable for cash. The balance, expiration date and applicable conditions can be consulted at any time on our website and via our customer service.
4.6 Free transfer only:
The Hotelgiftcard gift card may only be transferred free of charge (without consideration). The User remains responsible for the secure use and management of the card.
4.7 Booking fees:
HGC charges fees for facilitating the reservation of accommodation via the Expedia Partner Network. These fees are clearly and transparently displayed in the cost overview during the checkout process on the website.
5.1 Loss or theft:
HGC is not liable in the event of loss or theft of the Hotelgiftcard gift card. Users must report any loss without delay.
5.2 Misuse:
In the event of misuse or fraud, the Hotelgiftcard gift card will be blocked and legal action may be taken.
5.3 Damaged card:
If the card is damaged, the balance may be transferred to a new 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 card:
The physical gift card may be cancelled within a period of 14 days after receipt, unless the balance has already been used.
7.2 Digital gift cards:
Digital gift cards are excluded from the right of withdrawal.
[FR legal note: this is permitted only if the balance is used immediately or if the User expressly waives their right of withdrawal.]
7.3 Business orders:
Orders placed in a professional or business capacity may not be cancelled.
When using the Hotelgiftcard and making bookings via our website, personal data may be processed. The HGC Privacy Policy, as published in the privacy statement, applies to such processing.
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 are governed by Dutch law.
10.2 Exclusion of the Vienna Convention:
The provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG) are excluded.
10.3 Competent court:
Any dispute arising out of or in connection with these General Terms and Conditions shall be submitted exclusively to the competent court in the Netherlands.
10.4
Disputes involving a legal entity shall only be submitted to the court after (i) a reasonable period has elapsed allowing the parties to attempt an amicable settlement and (ii) a mediation process has first been attempted.
10.5 Severability:
If one or more provisions of these General Terms and Conditions are void or annulled, the remaining provisions shall remain fully in force. The invalid provision shall be replaced by a valid provision that corresponds as closely as possible to the intent of the original provision.
10.6
In the event of any discrepancies between different language versions of these General Terms and Conditions, the Dutch version shall prevail.
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