General Terms and Conditions CTC City Tour Card Verlags GmbH
(following CTC Verlags GmbH), status: April 2009
1. The present General Terms and Conditions apply to the product CityTourCard including a ticket from the relevant public transport company (hereinafter referred to as CityTourCard) and to all content of the Internet site www.citytourcard.com. The CityTourCard including a ticket from the relevant public transport company is issued by CTC City Tour Card Verlags GmbH. The present General Terms and Conditions constitute an integral contractual part of all agreements between CTC City Tour Card Verlags GmbH (issuer), cardholders and advertising and cooperation partners. When using public transport, the respective General Terms and Conditions and terms of carriage of the relevant public transport companies apply.
2. All persons are entitled to acquire a CityTourCard. No age restrictions apply. CityTourCard holders are not subject to any age restrictions insofar as an offer presented in the information brochure or on the Internet does not require a cardholder to be of a minimum age pursuant to statutory provisions or regulations stipulated by a cooperation partner.
3. Following validation by staff of the relevant public transport company or at a validation machine of the relevant public transport company, the CityTourCard is valid for a period of 24 hours, 48 hours, 72 hours, one day or three days. The card may no longer be used once its validity has expired and will be withdrawn if this condition is breached.
4. Card services provided by CTC City Tour Card Verlags GmbH are only valid for the cardholder. Services are described in the CityTourCard information brochure or on the Internet at www.citytourcard.com.
5. Validity of the card: the CityTourCard is valid for a period of 24 hours, 48 hours, 72 hours, one day or three days.
6. Cards provide evidence of contractual partnership. A ticket bearing the logo of CTC City Tour Card Verlags GmbH must be presented in order to access services from a partner company of CTC City Tour Card Verlags GmbH. This evidence must be provided prior to availment of the service.
7. The holder of a CityTourCard is liable for all damages occasioned by misuse, unauthorised transfer of the card to third parties or loss of the card. The holder further indemnifies CTC City Tour Card Verlags GmbH from any claims asserted by third parties.
8. Contracts concluded pursuant to a service provision within the scope of the CityTourCard are exclusively concluded between the cardholder and the partner company on the basis of the General Terms and Conditions of said partner company. In such a case, CTC City Tour Card Verlags GmbH accepts no liability whatsoever in respect of any claims for damages.
9. Purchasers of the CityTourCard may also obtain an information brochure in which all partners selected by CTC City Tour Card are presented. This brochure is available free of charge at all service counters of the respective public transport companies. The CityTourCard brochure is updated on a regular basis. All offers contained within previous editions of the information brochure cease to be valid when a new information brochure is published. Any changes which may be made to the respective information brochure as amended are noted on the relevant Internet site. All service offers and information in the information brochure are based exclusively on information provided by the cooperation partner. Cardholders may only assert claims for fulfilment of performance and any claims for liability which may arise against said cooperation partners. CTC City Tour Card Verlags GmbH does not accept any liability in the event of non-performance, in the event of deficiencies in the service provision of the cooperation partner or in the event of oral promises made by sales staff which do not comply with the statements provided in the information brochure, with the offers displayed under www.citytourcard.com or with the General Terms and Conditions. Attention is also drawn to the notes relating to the use of the CityTourCard contained within the relevant information brochure as amended.
10. In the event that services offered by the CityTourCard of CTC City Tour Card Verlags GmbH are prohibited by court order, CTC City Tour Card Verlags GmbH shall be fully exempted from all commitments and contractual relationships with its cooperation partners and cardholders. In such a case, cardholders shall only be entitled to assert a claim for proportional reimbursement of the card price on the basis of the term of validity remaining.
11. Particularly with regard to default of service, non-performance, defective performance or liability in tort, CTC City Tour Card Verlags GmbH, its representatives and vicarious agents shall only be liable for compensation in the event of material breach of contractual obligations in respect of which there is a reasonable expectation of fulfilment. The above disclaimer does not apply in circumstances of intent or gross negligence. Liability on the part of CTC City Tour Card Verlags GmbH is otherwise excluded insofar as no binding statutory stipulations are in place. CTC City Tour Card Verlags GmbH only assumes liability for foreseeable damages. Liability for direct damages, especially consequential harm, unforeseeable damages, untypical damages or loss of earnings is excluded. The same applies to the consequences of industrial action, accidental damages and Acts of God. Responsibility for content published by owners or cooperation partners on the Internet sites or in the information brochures of CTC City Tour Card Verlags GmbH rests solely with said owners or cooperation partners. CTC City Tour Card Verlags GmbH excludes any liability for technical or other malfunctions. CTC City Tour Card Verlags GmbH assumes no liability in respect of any damages or losses, in particular in respect of the dispatch of prizes awarded within the scope of a competition.
12. All user data is exclusively used for the purposes of providing customer care and information and for administrative purposes.13. All content, information, images, videos and databases published by CTC City Tour Card Verlags GmbH are protected by copyright and may not be reproduced or copied either in whole or in part. This also applies to the extraction of images from the information brochure or Internet site. The legal limitations applicable in Copyright Law or other relevant statutory stipulations otherwise apply. In sending in content (such as videos, photographs, series of photographs, texts) to CTC City Tour Card Verlags GmbH, the owners of such content agree that content thus provided may be reproduced, disseminated and published on the Internet and in print without payment of a fee. Owners and cooperation partners further declare that they are in possession of all copyright and further rights in such content submitted and that persons depicted in such content (such as videos, photographs, series of photographs) agree to its publication insofar as such persons are not merely incidentally present at locations or are not merely coincidentally portrayed in public places such as meetings, lifts or similar events shown. Owners or cooperation partners fully indemnify CTC City Tour Card Verlags GmbH against all claims asserted by third parties arising as a result of the fact that owners or cooperation partners are in breach of the present declaration in not being in possession of all rights in content submitted or by dint of the fact that persons depicted are not in agreement with publication. Removal of any possible breach of copyright emanating from this homepage by the owner of the copyright must not take place without the agreement of CTC City Tour Card Verlags GmbH. Copying and reproduction of the Internet site in whole or in part are not permitted (with the exception of advertising material made available). Any other use of materials or information provided on this Internet site is prohibited.
14. Deviations from the provisions contained within the General Terms and Conditions are not valid unless made in writing. Place of jurisdiction for all legal disputes arising from and in connection with the present contractual agreement shall be Berlin insofar as the customer is a registered trader under German law. This shall be without prejudice to the possible stipulation of an exclusive place of jurisdiction. German law shall apply. The UN Convention on Contracts for the International Sale of Goods, CISG shall be excluded. No legal recourse exists in respect of claims arising from a competition. In the event that individual provisions contained within the General Terms and Conditions or contained within the present provisions shall be invalid either in whole or in part or in the event that the General Terms and Conditions contain a gap in provision, this shall be without prejudice to the validity of the remaining provisions herein contained either in whole or in part. Invalid or missing provisions shall be replaced by the relevant statutory stipulations.
15. All website design elements, all texts, all graphics, all selection of content, all layout of content and all software are Copyright © 2008 CTC City Tour Card Verlags GmbH.
ALL RIGHTS RESERVED.