0. Preamble
Hotelcard AG, headquartered at Okenstrasse 6 in 8037 Zurich, Switzerland, operates a platform for marketing and brokering hotel accommodation in Switzerland, Germany, France, Italy, Austria and other European countries. The Hotelcard website enables hotels and other tourist accommodations (=hotels) to provide HotelCard holders (=members) with accommodation at exclusive member rates. Thereby, all payments for accommodation services are directly settled between the hotel and the member. The platform is free of charge for partner hotels, while members only pay a membership fee.
1. HotelCard-Products
1.1 Personal HotelCard
Upon purchase of the HotelCard, the buyer will receive a card in their name (hereinafter: HotelCard). The personal HotelCard can be purchased for a period of 1, 2 or 3 year(s). On expiry of its validity, it will automatically be renewed for a subsequent year at CHF 99 incl. VAT, unless cancelled before the end of the notice period (see Duration of Contract and Cancellation). The buyer receives a physical HotelCard by post - unless a digital HotelCard has been explicitly ordered. A digital version of the physical card is available at any time in the HotelCard profile. The digital HotelCard may be used to make HotelCard bookings upon completion of its purchase. When checking in at a hotel, members must either present the physical or the digital HotelCard. The HotelCard is personal and hereby not transferable. Once its validity has expired, the HotelCard may not be used by the cardholder nor by any third party and will no longer be accepted by partner hotels.
1.2 Trial Membership
By purchasing a trial membership, the buyer acquires a digital card in their name (hereinafter: HotelCard). The trial membership is purchased for a period of 6 months or less. The membership is automatically renewed for a subsequent year at the price of CHF 99 incl. VAT, unless cancelled before the end of the notice period (see Duration of Contract and Cancellation). When purchasing a trial membership, no physical HotelCard is sent. The member shall make use of their digital HotelCard on the HotelCard app or on their personal HotelCard profile instead. The digital HotelCard may be used to proceed to HotelCard bookings upon completion of its purchase. When checking in at the hotel, the digital HotelCard must be presented (via the HotelCard app, the website or as a photo/screenshot on a mobile device). The HotelCard is personal and hereby not transferable. Once its validity has expired, the HotelCard may not be used by the cardholder nor by any third party, and will no longer be accepted by partner hotels.
1.3 HotelCard as a Gift & HotelCard Gift Vouchers
The HotelCard as a gift comprises a personal HotelCard labelled with the name of the gift recipient. A HotelCard gift voucher (of any value) may be added if desired. The HotelCard gift voucher is accepted by HotelCard partner hotels as a means of payment and can be redeemed when checking out of the hotel. Almost all partner hotels accept HotelCard value vouchers as a means of payment. Excluded hotels are listed here.
The HotelCard as a gift membership expires automatically and does not renew at the end of its validity period. Bookings at discounted HotelCard rates can only be made in partner hotels within this timeframe.
The HotelCard gift voucher remains valid for 2 years from its date of issuance. HotelCard gift vouchers are also accepted after the expiry of the HotelCard membership. Nevertheless, it is not possible to benefit from HotelCard members' discounts in such cases. Regular room rates apply.
1.4 Temporary HotelCard
The temporary HotelCard entitles the holder to stay in HotelCard partner hotels at members' discounted rates for a certain, predefined period of time. The start of validity of the temporary HotelCard (here: date of issue) can be determined by the buyer. Hotels can be booked immediately after the purchase of the temporary HotelCard on the website. Booking dates must fall within the period of validity of the temporary HotelCard. Upon expiry of its validity, the temporary HotelCard will expire automatically and will not be renewed.
1.5 Company HotelCard
By purchasing the Company HotelCard, the acquiring company will receive a card registered in the company's name (hereinafter: Company HotelCard). The Company HotelCard can be purchased for a period of 1, 2 or 3 year(s). On expiry of its validity, it is automatically renewed for another year at the price of CHF 199 incl. VAT, unless cancelled before the end of the notice period (see Duration of Contract and Cancellation). The physical Company HotelCard is sent to the purchasing company and its digital version is also available on the company's HotelCard profile. The digital HotelCard may be used to make HotelCard bookings upon completion of the purchase. When checking in at the hotel, either the physical or the digital Company HotelCard must be presented (via profile login or as a photo/screenshot on a mobile device). The Company HotelCard is transferable company-wide. After expiry of its validity, the Company HotelCard may not be used by the purchaser nor by any third party, and will no longer be accepted by partner hotels.
Unless otherwise provided for in these GTC, the provisions above and below regarding the personal HotelCard also apply accordingly to the Company HotelCard.
2. Purchase of HotelCard products
2.1 Order
HotelCard products are purchased either by submitting the completed order form on the HotelCard AG website, by calling HotelCard AG or by contacting HotelCard AG by any other means with a clear statement of intent (e.g. pre-printed order form). By submitting the order on the website, by using the pre-printed order form, or by clearly expressing their consent when ordering by phone or email, the buyer acknowledges and agrees to these GTC. The latest version posted on the HotelCard AG website is applicable at all times. HotelCard AG shall confirm the order by email. The order confirmation has a strictly declaratory effect.
2.2 Revocation right
The buyer is entitled to revoke the contract of purchase within 14 days and without providing any reasons, unless a hotel booking has already been made. The revocation period applies for 14 days from the day of the conclusion of the contract. To exercise the right of revocation, the purchaser must inform HotelCard AG of the decision to revoke the purchase contract by means of a clear declaration. The revocation can be carried out by email, by letter or by phone.
2.3 Price
Please note that the price of all HotelCard products is based on the information provided on HotelCard AG's website as of the date of purchase.
2.4 Discount codes
Discount codes are issued by HotelCard AG at its own discretion and primarily serve as a get-to-know offer for new customers. They entitle the recipient to a one-time purchase of a HotelCard product at a lower price. Cumulation of discount codes when placing an order is not possible. Only one discount code can be redeemed per holder and order.
Discount codes cannot be used in the payment of an existing HotelCard membership renewal (subscription). HotelCard who already held a valid HotelCard within the past 12 months cannot make use of discount codes. Redistribution or resale of HotelCard discount codes is prohibited. HotelCard has the right to disable discount codes at any time.
2.5 Referral
Referrals can only be made by existing HotelCard members. For each successful recommendation, the HotelCard member will receive a HotelCard gift voucher. The person being referred to will receive a discount code for purchasing a HotelCard at a reduced price. The HotelCard member who made the recommendation will be credited with the HotelCard gift voucher no later than 30 days after successful payment of the new subscription.
A recommendation to oneself or to a person in the same household is not permitted.
Reselling or commercially distributing referrals via internet portals is prohibited. HotelCard has the right to disable relevant discount codes at any time.
2.6 Delivery
Orders can be delivered both within Switzerland and abroad.
Delivery of personal HotelCard and Company HotelCard will be carried out by B-Post. Delivery usually takes 7-10 working days within Switzerland. For deliveries abroad within the EU, delivery generally takes 12-14 working days
In the case of a trial membership, no physical HotelCard is sent. Instead, a digital version of the card is available in the member's personal HotelCard profile.
Gift orders are dispatched by A-Post (priority mail). The delivery usually takes 3 working days within Switzerland. HotelCard AG cannot be held liable for compensation for delays in delivery as a result of, for example, circumstances beyond its control, traffic disruptions, orders from public authorities, or any other events for which HotelCard AG is not responsible.
3. Use of the offer
3.1. Hotel booking
The HotelCard entitles the holder to book stays in hotels listed on the HotelCard AG portal. One HotelCard can be used to book one room at a time, regardless of the number of guests. If more than one room is booked, a corresponding number of Hotelcards are required, whereby special offers for families are provided by HotelCard. The entitlement to booking with a member discount only applies if the hotel offers rooms at a HotelCard member discount on the HotelCard AG website for the desired booking date.
3.2 Hotel rates
Generally, the HotelCard holder is entitled to a discount of up to 50% of the standard daily rate quoted by the hotel at the time of booking.This discount is only applicable to the booking of the hotel's room which may include breakfast. Any additional services provided by the hotel will be charged in full by the hotel.
Reductions of 50% and 30% apply for a maximum of three consecutive nights. Bookings exceeding three consecutive nights are subject to a 10% discount per subsequent night, insofar as the room is available.
3.3 Hotel description and additional information
All descriptions, pictures, rates, taxes and other information regarding hotels are based on the information provided by each hotel. HotelCard AG is not liable in any way for inaccurate information provided by the hotel on their website.
3.4 Booking procedure
Hotel bookings shall be placed by the member via the HotelCard AG portal. Booking requests are confirmed by the hotel within a maximum of 24 hours and are binding on both sides. A hotel is obliged to accept the member's booking if a corresponding offer was posted on the HotelCard AG portal at the time of the booking.
For bookings placed at partner hotels where the option " immediate booking " is available, a confirmation will be sent immediately by the hotel and is binding for both parties.
Only the hotel and the member, but not HotelCard AG, are bound by the accommodation contract. For a booking request, the accommodation contract shall only be concluded after confirmation of the booking by the hotel to the member's account.
Members must always present their HotelCard to the hotel.
3.5 Booking cancellation
Terms and conditions regarding cancellations depend on the guidelines provided by the particular hotel. Details on individual cancellation terms and conditions can be found on www.hotelcard.com by selecting the corresponding hotel. For detailed cancellation policies, please refer to the written confirmation sent by the hotel.
Cancellations may be made through a member's personal HotelCard user profile, provided that the cancellation is made within the period of notice.
Conditions of cancellation are part of the accommodation contract. Both the hotel and the member, but not HotelCard AG, are involved in this.
3.6 Payment for hotel services
Accommodation services quoted are payable by the member directly to the hotel. This usually occurs upon check-out at the end of the stay. Some hotels may require a deposit or prepayment under certain circumstances. HotelCard is not liable for this and all monetary flows between members and hotels are beyond HotelCard's scope of responsibility.
3.7 Payment using HotelCard Gift Voucher
Apart from standard means of payment, HotelCard gift vouchers can be used to settle hotel invoices. The following conditions apply when redeeming these gift vouchers:
- Redemption is only possible at HotelCard AG partner hotels. The hotel must be an active partner hotel of HotelCard AG at the time of booking. The HotelCard value voucher is accepted as a means of payment by almost all partner hotels, with few exceptions, and can be redeemed upon check-out at the hotel. A detailed list of partner hotels in which HotelCard gift vouchers are not accepted is available here.
- The HotelCard gift voucher is accepted for full or partial payment of the bill when checking out of the hotel. If requested by the hotel, the voucher can already be redeemed when checking in. In this case, the credit value of the voucher will be applied to the accommodation service. Besides the hotel stay, this may also include other services consumed (meals, amenities).
- Redeeming the HotelCard gift voucher requires a minimum of one overnight stay in the hotel. HotelCard gift vouchers will not be accepted as a means of payment without overnight stay.
- The original HotelCard voucher or, in the case of Print@home, a hard copy with a clearly legible QR code must be presented when redeeming the voucher at the hotel. Copies or photos of the gift voucher may be rejected by the hotel.
- Cash payments, refunds or exchanges of HotelCard vouchers are not possible.
- The validity of the HotelCard gift voucher is printed on the voucher and starts on the date of issue. The HotelCard gift voucher can no longer be redeemed after its validity has expired.
4. Buyer's obligations
4.1 Information accuracy
The purchaser is obliged to notify HotelCard AG of any changes to the information provided at the time of purchase within 15 days. The buyer is also required to submit the necessary information for the provision of services (such as email or address change) in due time. The purchaser is responsible for ensuring that electronic correspondence from HotelCard AG reaches them, and that their delivery is not restricted by security filters ( SPAM filters in particular).
4.2 Timely payment of the membership fee
Membership fee is to be paid by the purchaser in due time. The purchaser will be deemed to be in default without a reminder if they fail to pay HotelCard AG's invoices on time. If the purchaser is requested to pay by means of a reminder as a result of a delay, they will be charged CHF 10 for the second reminder, CHF 15 for the third reminder and CHF 20 for the final reminder. Dunning fees are charged cumulatively. In the event of collection, an additional effective annual interest rate of up to five percent from the due date as well as processing fees may be incurred. HotelCard AG will claim the outstanding amounts in its own name and for its own account. However, it may also assign the claim. If the purchaser is in default, HotelCard AG may block the HotelCard without notice.
4.3 Appropriate behaviour towards partner hotels
HotelCard members benefit from exclusive and significant discounts in all partner hotels - without any compulsory spending or other conditions, as is common with other providers. In order for this privileged offer to remain open to HotelCard members in the future, members are expected to behave fairly and correctly towards partner hotels. Violations may lead to revocation of the HotelCard membership.
5. Contract duration, renewal and termination
5.1 Contract duration
The contract comes into effect with HotelCard AG's approval of the purchaser's order and is valid for an indefinite period, unless otherwise stated.
5.2 Membership renewal
HotelCard products with automatic renewal (HotelCard membership) renew automatically upon expiry for a further year at the price of CHF 99 incl. VAT. (Company HotelCard at the price of CHF 199 incl. VAT), unless cancelled in due time (see HotelCard products). An invoice fee of CHF 5 will be charged to the member upon automatic renewal and delivery on account and/or upon ordering the HotelCard on invoice. The additional invoice fee of CHF 5 is waived if the purchaser selects an auto-pay option by credit card in their user profile and saves their payment details in their profile under "Payments". Products without automatic renewal (e.g. vouchers, temporary HotelCard) automatically expire at the end of their validity and do not renew automatically.
5.3 Membership cancellation
In the case of HotelCard products with automatic renewal (HotelCard membership), the contract can be cancelled with a notice period of 14 days to the end of the validity of the HotelCard. The cancellation can be carried out by the user in their user profile or by written notice (by e-mail or by letter sent to HotelCard AG). The cancellation will only become effective upon confirmation of cancellation by HotelCard AG.
Example of notice period:
- Validity: 15 August 2020 until 14 August 2021
- Deadline for cancellation: 31 July 2021
If the member does not cancel in due time, the trial membership, the personal HotelCard and/or Company HotelCard will be automatically renewed for another twelve months. The gift HotelCard is not renewed automatically at the end of its validity (6 or 12 months) and will expire.
HotelCard AG notifies all members by e-mail of the automatic renewal well in advance prior to the cancellation period. The member is responsible for ensuring that all electronic correspondence from HotelCard AG reaches them and that the delivery of such messages is not restricted by security filters ( SPAM filters in particular).
HotelCard AG reserves the right to terminate the contract at any time without notice in legitimate cases.
6. Further conditions
6.1 HotelCard suspension
Loss or theft of the physical HotelCard or Company HotelCard may be replaced for a charge of CHF 15.00. The HotelCard remains the property of HotelCard AG and can be reclaimed by HotelCard AG at any time without justification.
Following loss, theft or cancellation, HotelCard AG is entitled to block the HotelCard by inserting it on the list of banned cards. This list is communicated to hotels.
6.2 Liability and settlement
HotelCard AG does not guarantee the accuracy and/or completeness of any offers and/or information provided on the HotelCard AG portal. HotelCard AG cannot be held liable for any deviation between the hotel's rates and those indicated on the HotelCard AG homepage.
HotelCard AG is not liable for any failure to provide or deficient services provided by a hotel. Should the accommodation arrangement be inadequately fulfilled, members must approach the hotel directly.
HotelCard AG is not responsible for any damage caused by incorrect or unjustified blocking of the HotelCard.
HotelCard AG is particularly not liable for damages arising to the member as a result of an auxiliary person or employee of HotelCard AG.
In any case, where HotelCard AG is liable, its liability is limited to the annual purchase fee of the HotelCard.
Should the member be entitled to claims of any kind against HotelCard AG, the member waives the right to offset their claims against HotelCard AG (waiver of offset), unless the offset is made with the written consent of HotelCard AG.
6.3 Data disclosure
HotelCard AG complies with the data protection law. HotelCard AG is entitled to commission third parties for the entire handling of the card processing and marketing, as well as for the creation of revenue distribution keys.
HotelCard AG reserves the right to dispose of the purchaser's data in full in the event of a legal dispute.
Further information on the processing of personal data and on the rights of persons concerned can be found in the data protection declaration. The current version posted on the HotelCard AG portal applies at all times.
6.4 Amendments to the GTC
Prices and services may be adjusted at any time. In the event of significant changes and adjustments to the GTC after conclusion of the contract that are disadvantageous to the member, they will be informed of the changes and adjustments by email. If changes and adjustments are disadvantageous to the member, they may choose to terminate the contract prior to the effective date of these changes or adjustments. If they fail to do so, they accept the changes. Hence, the new GTC fully replace the GTC which previously applied.
6.5 Salvatory clause
Should a clause become ineffective, the remaining provisions shall remain effective. The statutory provisions shall apply in place of the invalid clause.
6.6 Application of law and place of jurisdiction
Unless otherwise provided by law, all agreements arising in connection with these GTC shall be governed exclusively by Swiss law. The place of performance, the place of debt collection, the latter only for persons domiciled abroad, as well as the exclusive place of jurisdiction for all disputes arising in connection with the present agreement shall be in Thun, Switzerland, unless otherwise determined by civil procedural law.
Version : 01.02.2022
HotelCard AG.