1. Prices and Payments
1.1 The Customer is bound to pay the price for ordered Vouchers only and exclusively to vip-incard and is not relieved of its payment obligation towards vip-in should the Customer make payment directly to Offerors.
1.2 All prices for the Vouchers are stated in Euros unless indicated otherwise in GBP or USD. Unless agreed otherwise, all prices include VAT and other taxes and/or fees but exclude costs of transport, packaging, insurance, and export and import duties. The Customer bears these costs.
1.3 Upon failure to pay on time and in full, the Customer shall owe vip-incard all statutory interest and extrajudicial costs of collection as follows:
a) if the Customer is a consumer, extrajudicial costs of collection shall be calculated in accordance with the Extrajudicial Collection Costs Fees Decree to the extent that the unpaid amount – once default has occurred – is not paid in full after demand for payment within 14 days as from the day following the date of the demand for payment by Customer.
2. Delivery, cancellation of retention of title, risk, transfer
2.1 Vip-incard shall send the Vouchers one time only to the email or other address provided by Customer and make these available on a secured portion of the Website. Vip-incard shall send the Vouchers as soon as possible after an order is placed. Delivery dates given by GuideandGo are only indicative. Failure to meet a date cannot result in liability for compensation on the part of vip-incard. Other than as so provided by mandatory statute, the Customer cannot annul or terminate an agreement when a delivery date is not met.
2.2 The Customer is bound to review the Vouchers for accuracy upon receipt and to comply with any additional instructions given on the Voucher or its transmitting email.
2.3 Unless agreed otherwise, the Customer not entitled to cancel or exchange Vouchers once ordered.
2.4 The Vouchers remain the property of the Offerors until the Customer has paid the purchase price in full.
2.5 All risk of loss, theft or misuse of the Vouchers transfers to the Customer as from the moment that the Vouchers reached him. Vip-incard is not liable for delay in delivery or loss due to use of email, Internet, or other means of communication.
2.6 The Customer is not entitled without vip-incard prior written consent to transfer any right following from the Agreement to a third party.
3. Customer details, privacy and intellectual property rights
3.1 vip-incard shall collect details from the Customer insofar as necessary to implement the Agreement. The details will be used to the extent permitted by law for the business operations of Offerors, its affiliates, or third parties and shall not be stored any longer than needed for its business operations. The Customer grants vip-incard irrevocable consent for the use and storage of his (personal) details.
3.2 The Customer warrants the accuracy of the (personal) details he provides and will notify vip-incard immediately when these change.
3.3 vip-incard is entitled to provide the Customer’s (personal) details to third parties if:
a) necessary for fulfilment of obligations under the Agreement;
b) vip-incard has third parties take measures (for collections) against the Customer;
c) vip-incard wishes to have a credit report drawn up;
d) vip-incard is bound by law or regulation to do so.
3.4 All subject headings, photos, texts, and other materials used for the Vouchers or the Website remain at all times the property of vip-incard and/or Offerors and may not be duplicated or transferred or given in use to third parties without the prior written consent of vip-incard and/or Offerors.
4. Conditions and changes of services
4.1 vip-incard is not responsible for the quality, content, and fulfilment of the Services.
4.2 Offerors are entitled to change, relocate, or cancel a Service in accordance with the Offerors’ Conditions. Should vip-incard become aware of a change, cancellation or relocation of a Service it will attempt to so inform the Customer. The Customer should approach the Offeror concerned in case of the cancellation or relocation of an event. Only if and to the extent that an Offeror gives vip-incard instructions to make restitution of the purchase price for Vouchers will vip-incard proceed to do so. Vip-incard is never liable for compensation towards the Customer in case of relocated, changed, or cancelled Services.
4.3 Offerors can set additional Conditions with which the Customer must comply.
4.4 Vouchers may not be resold to third parties and/or used for commercial purposes without the prior written consent of Offerors and/or vip-incard.
5. Force majeure
5.1 vip-incard is not bound to meet its obligations pursuant to the facilitation of the Agreement if it cannot do so in consequence of circumstances outside its control (force majeure).
5.2 Force majeure is understood to mean but not exclusively, strikes, non-delivery, partial delivery and/or late delivery by suppliers, war and danger of war, terrorism, bans on import and export, epidemics, traffic disruption, loss or damage in transport, fire, theft, disruption in the supply of energy, Internet, and means of communication.
6.1 vip-incardis not liable for damage and costs on the part of the Customer consequent to acts and omissions of Offerors and/or the participation in and/or use of the Services by the Customer.
6.2 If and insofar as vip-incard should be liable despite the above, the amount of damages shall the largest sum paid by the Customer for the Vouchers concerned or as the case may be the amount paid out by vip-incard insurers, unless the harm is due to intent or wilful recklessness on the part of vip-incard.
7. Applicable law and Disputes
7.1 The Law of Spain governs these Conditions and the Agreement.
7.2 All disputes between vip-incard and the Customer arising from the order of Vouchers via the Website shall be submitted to the competent court , unless vip-incard chooses to bring the action before the court of the Customer’s place of residence or some other court with jurisdiction under the law.
7.3 The Vienna Sales Convention (CISG) explicitly does not apply.