Terms of Service

Terms and Conditions (GTC)
by Del Medio Verlag GmbH for the CityTourCard Munich, EasyCityPass and QueerCityPass products

Del Medio Verlag (hereinafter referred to as the publisher) offers the CityTourCard Munich, the EasyCityPass and the QueerCityPass (all via the online shop at www.easycitypass.com / www.queercitypass.com / shop.easycitypass.com (hereinafter referred to as the online shop) collectively referred to below as tickets) for different destinations, for different tariff areas of public transport and with a wide range of added value, to be ordered and purchased online.

§ 1 products

The tickets enable the use of local public transport in the respective destinations as well as the use of numerous discounts and / or other advantages from the integrated tourist partners. The tickets are available in hard, online and mobile ticket versions. Individual destinations have only a selection of them OR refer to an alternative place of purchase on the Internet. Tickets are available for the following destinations:
• Munich
• Berlin
• Vienna
• Cologne
•… other destinations can be included in the shop.
be acquired.

§ 2 scope

(1) These General Terms and Conditions (GTC) apply to all contracts concluded with a consumer i.S.d. § 13 BGB or entrepreneurs (hereinafter -customer-) can be closed via the online shop. Regulations deviating from these terms and conditions must be agreed separately in writing. Without a separate agreement, these are not effective.

(2) These terms and conditions also apply to future business relationships, even if they are not expressly agreed again.

(3) A consumer within the meaning of this ABG is any natural person who concludes a legal transaction for a purpose that cannot be attributed to their commercial or independent professional activity.

(4) An entrepreneur within the meaning of these terms and conditions is any natural or legal person or a legal partnership who, when entering into a legal transaction, acts in the exercise of their independent professional or commercial activity.

§ 3 contractual partner / contact person

(1) The purchase contract is concluded with Del Medio Verlag GmbH, Uhlandstraße 4-5, 10623 Berlin. You can find all other necessary information about the seller in the imprint.

(2) The seller is also available for any contact at the email address: info@www.easycitypass.com.

(3) For the included services of the tickets, the respective general or special terms and conditions of the discount and value-added partners and the conditions of carriage of the respective service provider of local public transport apply. The current business and / or transport conditions can be viewed through the partners. The partners reserve the right to change the service periods, the range of services, the service periods, opening times and prices at any time.

§ 4 offers, conclusion of contract, performance and delivery obligation

(1) The presentation of the products is a non-binding internet / online shop catalog and is not a legally binding offer. By clicking on the “Buy” and / or “Complete order subject to payment” button, you place a binding order for the tickets in the shopping cart. After receipt of the order you will receive an acknowledgment of receipt. This confirmation of receipt does not constitute acceptance of the contract by the publisher. The order is accepted by the publisher by means of a separate confirmation, which is sent to the email address you provided when ordering.

The customer is responsible for the correctness of the email address provided by him. He has to ensure that the email address is correct, that the order can be processed and that corresponding emails are received. Even if the appropriate spam filter is used, it must be ensured that e-mails from the publisher can be received.

Order processing and contacting are automated via email. The order data is stored for this purpose and can be requested by specifying the booking number under the aforementioned email address. The order data include the contract text together with the terms and conditions. The order data is transmitted to the customer in text form by email.

Depending on the type of ticket (hard ticket or online), tariff and validity, the following information is required when ordering:

a) Online ticket: Date of the first use of the service (and the time for the hourly versions) and the name of the authorized user

b) Hard ticket: no further information required.

If you make no selection in case a), the current date on the ticket is systematically generated. All information is binding and cannot be changed after purchase.

A maximum of 10 tickets can be ordered in one process.

The publisher remains the owner until the ticket has been paid for in full. Use by the customer before full payment is prohibited (reserved goods). If the retention of title expires due to the processing of the reservation tickets, the customer is already transferring the joint ownership of the “new” item created by the processing and connection to the publisher. The handover is replaced by the customer keeping the new item created by the connection free of charge for the publisher.

(2) In the case of orders and purchase of hard tickets via the online shop, they will be sent to the customer by post and entitle the customer to immediately use the service.

Online tickets / download articles are delivered by email. The delivery of hard tickets is carried out regularly by post (delivery) to the delivery address specified by the customer upon delivery of an acknowledgment of receipt. It is not possible to collect ordered hard tickets yourself.

Delivery by post takes place in Germany within 5 days (standard DHL shipping), in other European countries within 5-10 days and in non-European countries within 10-14 days. No deliveries of goods take place on Sundays and public holidays.

If the customer or a person authorized to receive the delivery address is not found, the publisher is entitled to hand over the delivery of goods to a replacement recipient. In particular, other persons present in the customer’s household or at the delivery address mentioned may be considered as replacement recipients. If the consignment is handed over to a neighbor of the customer, the cancellation period begins in accordance with § 5 of these terms and conditions, however, only when the customer accepts the shipment.

If delivery of the goods to the delivery address specified by the customer is not possible, the customer bears the costs of the unsuccessful delivery. This does not apply if the customer is a consumer and it was impossible to accept the goods for reasons for which the customer or the person authorized to receive the goods was not responsible.

The customer is not obliged to pay compensation if delivery is made significantly more difficult or impossible due to force majeure or other events and the publisher is not responsible for this. Such events include in particular: fire, flood, industrial dispute, business disruptions, strikes and official orders that are not attributable to the publisher’s operational risk. In the cases mentioned, the customer will be informed immediately of the lack of delivery options and any service already rendered will be refunded immediately.

Partial deliveries are permitted if the customer is clearly not interested in them or if they are clearly not reasonable. If the publisher makes use of this right, packaging and shipping costs will only be charged once.

The publisher reserves the right to withdraw from the contract in the event of improper delivery by its own suppliers. The publisher will make every reasonable effort to procure the goods. In the event of unavailability or only partial availability of the goods, the customer will be informed immediately and any consideration rendered will be refunded immediately.

§ 5 product variants and use of the tickets / discount conditions of the service providers

(1) Due to the large number of different ticket and tariff variants, the regular adjustments and changes, a final listing of the individual tariff variants cannot be made. In this regard, we refer to the online presence. All tickets include service offers from discount partners, which can be viewed on the Internet.

(2) The Munich CityTourCard (CTC-M) includes the CTC-M ticket (as an online ticket or hard ticket) for local public transport Munich / Munich Transport and Tariff Association (MVV), in accordance with the selected MVV tariff.

(3) The EasyCityPass Berlin (ECP-B) includes the ECP-B ticket (as an online ticket or hard ticket) for local public transport Berlin / Verkehrsverbund Berlin-Brandenburg (VBB), according to the selected VBB tariff.

(4) The EasyCityPass Vienna (ECP-W) includes the ECP-W ticket (as an online ticket or hard ticket) for local public transport Vienna / Verkehrsverbund Ost-Region (VOR), according to the selected VOR tariff.

(5) The QueerCityPass Berlin (QCP-B) includes the QCP-B ticket (as an online ticket or hard ticket) for local public transport Berlin / Verkehrsverbund Berlin-Brandenburg (VBB), according to the selected VBB tariff.

(6) The QueerCityPass Vienna (QCP-W) includes the QCP-W ticket (as an online ticket or hard ticket) for local public transport Vienna / Verkehrsverbund Ost-Region (VOR), according to the selected VOR tariff.

(7) The QueerCityPass Cologne (QCP-K) includes the QCP-K ticket (as an online ticket or hard ticket) for local public transport in Cologne / Verkehrsverbund Rhein-Sieg (VRS), according to the selected VRS tariff.

(8) Before starting the first journey or taking advantage of a touristic added value, the hard tickets must be validated at the stationary machines of the transport company. The validity of the ticket does not begin until it is canceled. Validation is possible until the last day of the tariff year in which the ticket was purchased (different tariff years in accordance with the regulations of the transport associations).

(9) The validation of the ticket is mandatory before the first use.

(10) Online tickets do not have to be canceled separately. The validity period or the start of the term is noted on the ticket in accordance with the order (date or date and time).

(11) The sales prices include a share of local public transport costs including the applicable VAT. The travel expenses are collected from the publisher in the name and on account of the respective transport company. The right of the user to transport arises directly and thus directly vis-à-vis the respective transport company (of the respective tariff association). However, this expressly in accordance with the respective transport conditions of the respective transport associations.

(12) Due to the large number of variants and destinations, discounts on offers from numerous tourist service providers and participation in numerous attractions are just as varied. As a rule, these are between 25% and 50%.

(13) Unless otherwise stated, adult discounts apply to the normal, non-discounted price. The stated conditions must be observed.

(14) The subsequent use of discounts after the ticket has expired or the disbursement of unused discounts is excluded.

(15) The respective organizers / discount partners reserve the right to change the range of services, opening times, normal prices and service periods.

(16) Tickets are non-returnable.

§ 6 Instructions for handling vouchers / online tickets Important information for handling vouchers:

(1) If vouchers are offered by the publisher’s sales partners, they will be systematically invalidated when exchanged at the address stated on the voucher using the voucher number and can therefore only be redeemed once in a hard ticket.

(2) The publisher itself is not the publisher of the voucher.

(3) The voucher itself is not considered a ticket and does not grant a discount or. Entry with tourist service providers.

(4) The cost of the trip to the redemption point will not be reimbursed.

(5) The voucher can only be redeemed by the person identified on it (usually the customer). This person must identify himself when redeeming with a valid personal document. The redemption points are entitled to collect legitimate personal data before redeeming the voucher and to have the issue confirmed in writing. The voucher is non-transferable, cannot be paid out in cash and can only be redeemed once.

(6) The voucher can be redeemed for a hard ticket up to the validity date stated on the voucher. Presenting the voucher is essential for redeeming it. There are no fees for the redemption itself or no fee owed.

(7) The customer is not entitled to reproduce, reproduce or change the printed voucher. After receipt / printing, the customer must keep the voucher in such a way that third parties cannot access it. If the ticket is reproduced by a third party or if the voucher is lost before it is redeemed, the damage will be borne by the customer. A refund of the purchase price in the event of loss of the voucher or reproduction of the voucher by third parties is excluded.

(8) The special provisions for handling and redeeming the voucher apply for security reasons to avoid fraud in online payments.

(9) Any misuse of the voucher, its reprint etc. is punishable and will be reported. In this case, the publisher expressly reserves the right to claim damages.

(10) Redemption points for vouchers are named on the vouchers.

(11) We reserve the right to make changes at any time!

Important information for dealing with online tickets:

Online tickets are to be printed out by the customer in A4 size after purchase and before the first use.

The online ticket is then immediately valid as a ticket and grants a discount or. Entry with tourist service providers. The online ticket is only valid for the period specified on this date (time, validity).

The online ticket can only be used by the person identified on it (usually the customer). When using the service, the customer can be asked to authenticate himself by means of a valid personal document. The online ticket is non-transferable and cannot be paid out in cash. If the online ticket is not used or is lost, the publisher will not refund any replacement.

The customer is not entitled to reproduce, reproduce or change the online ticket. After receipt / printing, the customer must keep the online ticket in such a way that third parties cannot access it. If the ticket is copied by a third party or if the online ticket is lost before the service is used, the damage will be borne by the customer. A refund of the purchase price in the event of loss of the online ticket or duplication of the online ticket by third parties is excluded.

Any misuse of the online ticket, its reprinting etc. is punishable and will be reported. In this case, the publisher expressly reserves the right to claim damages.

§ 7 prices, terms of payment and shipping costs

(1) The prices given are final prices and include the statutory value added tax in Germany, depending on the type of service. The publisher does not accept payment methods other than those mentioned here. Should the customer send cash contrary to this regulation on the part of the customer, the publisher assumes no liability for any loss.

(2) The purchase price is due immediately with the order in advance and can be paid by credit card. In this case, your account will be debited immediately after the order process has been completed. We accept Visa and Mastercard credit cards. The transaction takes place via the financial service provider Heidelpay GmbH.

(3) Furthermore, payment can also be made via PayPal. However, using PayPal requires your registration or registration with PayPal. For more information, go to www.paypal.de. If you have decided to use PayPal and have stored your bank details or credit card details there, you can select “Payment via PayPal” during the payment process and simply pay after logging into your personal PayPal account by entering your email address and password.

(4) For orders from countries outside the European Union, additional costs may arise in individual cases, which the publisher is not responsible for and which are to be borne by the customer. These include, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees).

(5) If the customer is in arrears with the payment, the publisher claims default interest of 5 percentage points above the base rate of the Deutsche Bundesbank. However, this only if neither the customer nor the publisher prove lower or higher damage. The default interest accrues if the payment term is exceeded even without a reminder

(6) The customer is shown any shipping and delivery costs for hard tickets for Germany and Austria on the website. In addition, the shipping costs incurred specifically for the customer are shown separately in the shopping cart before the completion of the ordering process. There are no shipping costs for sending the online tickets online by email.

§ 8 data protection

Personal data of customers is collected as part of the purchase contract; This includes, in particular, first and last name, address, telephone number, e-mail address and, if an online ticket or voucher is purchased, the start of validity of the ticket. This data is stored exclusively for the execution of the purchase contract and will be deleted after 24 months.
Customers have the option at any time to request information on the status of the storage of their personal data and, if the requirements described above do not conflict with this, to request the deletion of their personal data. The blocking
/ Deletion request (revocation) should be sent to the following email address: info@easycitypass.de

§ 9 cancellation policy

(1) Consumers have a right of cancellation as follows: You have the right to cancel this contract within 14 days without giving reasons.

(2) Exclusion of the right of withdrawal
The statutory right of withdrawal for consumer contracts that came about through distance selling is excluded: when purchasing tickets or contracts for the transportation of people (§ 312 (2) No. 5 BGB) and for contracts for the provision of services in the Areas of accommodation for purposes other than residential purposes, transportation of goods, vehicle rental, delivery of food and beverages, as well as for the provision of other services in connection with leisure activities, if the contract provides for a specific date or period for the provision (§ 312 g para. 2 no 9 BGB).

The statutory right of withdrawal does not exist for the purchase of a ticket voucher, hard ticket or an online ticket.

(3) The cancellation period is 14 days from the day on which you or a third party named by you, who is not the carrier, took possession of the goods.

(4) In order to exercise your right of withdrawal, you must:
Del Medio Verlag GmbH
Uhlandstrasse 4-5, 10623 Berlin
Fax: + 49- (0) 30-263 989 31
Email: info@www.easycitypass.com

inform you of your decision to cancel this contract by means of a clear statement (e.g. a letter sent by post, telephone call, fax or email). You can use the attached sample cancellation form, but this is not mandatory. To meet the cancellation deadline, it is sufficient for you to send your communication regarding your right of cancellation before the cancellation period expires.

Consequences of cancellation
If you withdraw from this contract, we have made all payments that we have received from you, including delivery costs (with the exception of the additional costs that result from the fact that you chose a different type of delivery than the cheapest standard delivery we offer have) to repay immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this repayment, we use the same means of payment that you used in the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this repayment. We can refuse repayment until we have received the (unused) goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You have the goods immediately and in any case at the latest within
14 days from the day on which you inform us of the cancellation of this contract, to return or hand over to us. The deadline is met if you send off the goods before the period of fourteen days has expired.
We bear the cost of returning the goods. You only have to pay for any loss in value of the goods if this loss in value is due to handling that is not necessary for checking the nature, properties and functionality of the goods.

Model withdrawal form
If you want to cancel the contract, please fill out this form and send it to:

Del Medio Verlag GmbH,
Uhlandstrasse 4-5, 10623 Berlin
Fax: + 49- (0) 30-263 989 31
Email: info@www.easycitypass.com
I / we (*) hereby revoke the contract concluded by me / us (*) for the purchase of the following goods (*): Ordered on (*) / received on (*):
Name of the consumer (s): Address of the consumer (s):
Signature of the consumer (s) (only for notification on paper): Date:

(*) Please delete where inapplicable.

The revocation must be made by post, email or fax. If you have any questions, the publisher is also available on the phone number: +49 30 26398930.

End of revocation

§ 10 warranty / liability

(1) The statutory provisions apply to defects in the purchased item.

(2) If the customer acts as a merchant i.S.d. § 1 HGB, the commercial inspection and notification obligation applies to him according to § 377 HGB. If the customer fails to comply with the notification requirements regulated there, the goods are considered approved.

(3) If the customer acts as a consumer, he must complain about the goods to the delivery agent with obvious transport damage and inform the publisher accordingly. If this is not done, this has no effect on the statutory claims for defects. In the case of other defective goods, the customer must immediately notify the publisher of this.

(4) The customer will be informed immediately by the publisher whether and how the goods will be returned to the publisher. This can be done by collection, return, etc. happen.

(5) If the number of products delivered is not the same as the order quantity, the publisher must be informed immediately.

(6) The information on the information channels of websites, flyers or guides is based exclusively on the information provided by the cooperating service partners. The publisher or its cooperation partners as publisher of the app or flyer assumes no liability for the information provided by the service partners. The use of additional services, deviating from the information provided by the service partners in the information channels, may result in additional charges for the user.

(7) As the publisher of the tickets, the publisher assumes no liability for non-performance or poor performance of the service providers involved or any personal, material or other damage suffered by the user with the service provider or in the course of the services of the respective provider. The user must only assert such claims against the respective service provider. The publisher is only liable insofar as statutory regulations provide for liability and only for intent and gross negligence as well as unlimited if there is a guarantee. Liability in the event of slight negligence is only unlimited in the event of injury to life, limb or health. In the event of a slightly negligent breach of essential contractual obligations, liability is limited to the property and financial damage attributable to it in the amount of the foreseeable, typically occurring damage. Liability for indirect damage, in particular consequential damage, unpredictable damage or atypical damage and loss of profit is excluded. The same applies to accidental damage and acts of God. The publisher also expressly excludes any liability for technical faults (e.g. unavailability of this website).

Section 11 Information on online dispute resolution and the use of an arbitration board for consumer affairs

(1) The EU Commission has created an internet platform for the online settlement of disputes (so-called “OS platform”). The OS platform serves as a contact point for out-of-court settlement of disputes regarding contractual obligations arising from online sales contracts. The customer can access the OS platform at the following link: http://ec.europa.eu/consumers/odr/.

(2) The publisher does not participate in a voluntary dispute settlement procedure before a consumer arbitration board. Nevertheless, we are obliged to give you the contact details of the responsible body:
General consumer arbitration board of the Center for Arbitration e.V.,
Straßburger Str. 8, 77694 Kehl,
Telephone: +49 785179579 40,
Fax: +49 7851 79579 41 Internet: www.consumer-schlichter.de
Email: mail@consumer-schlichter.de

§ 12 applicable law

The application of German law is agreed, with the proviso that the customer is not deprived of the protection under Article 6 (2) of the Rome I Regulation that is granted to him by the provisions of which the law does not a choice of law would apply, may not be deviated by agreement.

§ 13 Place of performance / place of jurisdiction

(1) The place of fulfillment for all mutual services from the contract is the company headquarters of the publisher. For consumers, this choice of law only applies insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer is habitually resident.

(2) The place of jurisdiction is agreed solely at the competent court for the place of performance if the customer is a merchant within the meaning of the German Commercial Code (HGB), is a legal person under public law or a special fund under public law or has no general place of jurisdiction in the Federal Republic of Germany.

§ 14 Subject to change

The publisher reserves the right to change these terms and conditions at any time. For the customer, the version of the GTC announced at the time of the order applies, the acknowledgment of which has been confirmed by the customer.

§ 15 other

Any translations are based on the German original. The translated versions of the German GTC are courtesy translations and are for information and internal purposes only. In the event of disputes, inconsistencies or deviations between the German version and the version in another language, the German version applies within the framework of the legal regulations and is binding.

Should individual provisions of these terms and conditions be or become null and void, the remaining conditions remain effective.

As of November 2018