General terms and conditions for the RUHR.TOPCARD
General terms and conditions for the RUHR.TOPCARD
The following conditions are considered to be agreed as regards the issuance and administration of the RUHR.TOPCARD, referred to hereinafter as RTC.
1. Contracting party
The purchase agreement comes into existence with Ruhr Tourismus GmbH, Centroallee 261, D-46047 Oberhausen. Further information on the vendor is available in the legal notice of the website www.ruhr-tourismus.de. Regardless of whether the sale of the RTC takes place at an RTC retail outlet or by the customer online/by telephone, no agreements shall be concluded with any of the service providers listed in the tourist guide (Erlebnisführer) of the RTC. Service providers are the companies which offer the services listed in the RTC tourist guide. The RTC cardholder concludes the respective agreement with the service provider directly, either prior to or by making use of the service provided by the service provider.
2. Conclusion of contract
The presentation of the product of RTC in the web shop of Ruhr Tourismus GmbH does not constitute a legally-binding offer, but a non-binding online catalogue. Input errors can be corrected before the order is dispatched using the technical options available in the online shop and with the standard keyboard/mouse functions. The agreement is concluded in either the German, English or Dutch language. By clicking on the “Purchase”/“Place order against payment” button, the customer submits a binding order for the goods that are contained in the shopping basket. After that, it is no longer possible to correct input errors. The confirmation of the receipt of the order takes place after the order is dispatched, and leads directly to the conclusion of the agreement. A separate text of the agreement is not saved at Ruhr Tourismus GmbH. The customer is required to ensure that the email address which s/he provides for the confirmation/completion of the order is correct. In particular, if the customer uses SPAM filters, s/he is required to ensure that s/he is still able to receive the emails that are sent. The purchase price becomes due for advance payment immediately with the order, and can be paid by credit card (Mastercard, Visa), PayPal or bank transfer. For the (digital) E-card, only the payment methods by credit card (Mastercard, Visa) and PayPal apply.In the case of payments made by credit card or PayPal, the time of the payment corresponds to the time of the order. With the use of the payment service provider “PayPal”, the payment is processed at PayPal (Europe) S.à r.l. et Cie, S.C.A., 22–24 Boulevard Royal, L-2449 Luxembourg in accordance with the current terms and conditions of use of PayPal, to which reference can be made at www.paypal.com. Among others, this requires that the customer has opened a PayPal account and/or already has such an account. In the case of the rejection of the credit card payment, the customer shall undertake to pay the purchase price plus any costs incurred within 10 days of the receipt of the service. Among others, such costs include the costs that arise due to the rejection of the credit card payment. In the event of payment by bank transfer (prepayment/credit transfer), the customer is required to pay the full purchase price within 10 days to the bank account of Ruhr Tourismus GmbH, Commerzbank Dortmund, IBAN: DE93440400370320385803, providing the transaction number in the intended purpose line.
3. Scope of service
Ruhr Tourismus GmbH is neither a tour operator nor a service provider. On the contrary, it simply provides the RTC cardholder with the opportunity to make use of the services of the service providers that can be used with the RTC. In return for a one-off fee, the service providers offer the RTC cardholder the opportunity to make use of the services that are listed in the current tourist guide of the RTC. Ruhr Tourismus GmbH does not owe any of the advertised services or benefits as its own services. In this respect, as the beneficiary of an agreement that benefits third parties, on acquiring the card, the cardholder acquires a direct claim against the respective service partner. The service partner undertakes to fulfil all of the contractual and statutory warranty obligations, as well as the liability towards the cardholder in connection with making use of the services and benefits that are to be provided by the service provider in accordance with the specifications of service.
The scope of the RTC services and their acquisition are detailed in the RTC tourist guide, the website www.ruhrtopcard.de or the RTC app. Short-term changes to the scope of service of individual service providers that occur following the publication of the tourist guide shall be published on the internet site of RTC, and shall supplement or override the scope of service of the service provider as published in the tourist guide. Before making use of a service, the RTC cardholder undertakes to find out about possible changes to the scope of service at the website www.ruhrtopcard.de. As long as the service provider has the sufficient capacity, each service which features the “Free Admission” symbol in the RTC tourist guide or on the RTC website can be used once on any day in the calendar year by the RTC cardholder. Depending on the availability, capacity and stated period of validity and/or taking the stated conditions into account, each service which features the “Half Price” symbol in the RTC tourist guide or on the RTC website can be used several times, insofar as the respective service is not expressly excluded from multiple use. All Free Admission service providers have agreed to provide RTC cardholders with full and unrestricted access to the services that are designated as RTC services during the standard opening and/or business hours and according to the general terms and conditions of carriage. The operating hours of certain Free Admission service providers do not cover the complete period of validity of the RTC, however. Contrary to the regulation applicable to Free Admission service providers, for Half Price and Special Partner service providers, limited periods of service may only be available. The service providers are able to restrict the advertised services in part or in whole, particularly from the temporal perspective. The grounds for such service restrictions may include, in particular, weather conditions, official requirements or orders, maintenance work and repairs, measures for the reasons of traffic safety, excess numbers of visitors or the overcrowding of the facilities. Force majeure may also result in restrictions to and the loss of services (including, but not limited to, war, interruptions to business, natural disasters, traffic disruptions, labour disputes and epidemics/pandemics). Restrictions to services, or cases in which demand is expected to be considerable, may require an advance reservation of services. In this case, in order to make use of the service, cardholders are required to carry out a binding reservation (via an online system, by telephone, or by email). The ability to make use of such services at a specific date and time cannot be guaranteed. If such a reservation is not cancelled by the cardholder with due notice, this service is considered to have been booked to binding effect. If this service is not made use of by the cardholder, it shall be considered to have expired and cannot be made use of by the cardholder again. If the service of the service provider for which a reservation was binding cannot be offered due to unforeseen circumstances, such a service will not expire, and can be made use of by the cardholder again.
4. Exclusion of liability
Ruhr Tourismus GmbH is only liable towards its customers for intent and gross negligence. Liability for damages resulting from injury to life, body or health which are based on a negligent breach of duty by Ruhr Tourismus GmbH or an intentional or negligent breach of duty by a legal representative or vicarious agent of Ruhr Tourismus GmbH, as well as liability for other damages which are based on a grossly negligent breach of duty by Ruhr Tourismus GmbH or on an intentional or grossly negligent breach of duty by a legal representative or vicarious agent of Ruhr Tourismus GmbH are excluded from the aforementioned exclusion of liability. Ruhr Tourismus GmbH shall assume no liability for the services of the service providers, for the descriptions of the services provided in the RTC tourist guide and on the RTC website, or for any service restrictions imposed by service providers (refer to section 3). Therefore, no claim may be made against Ruhr Tourismus GmbH for a pro-rata reimbursement of the costs of RTC in the event of restrictions to the services of the service providers in particular. Similarly, in the event of the facilities reaching full capacity or services being unavailable, no claim may be made against Ruhr Tourismus GmbH for the reimbursement of travel costs, similar expenses or losses that are incurred.
5. Non transferability
The RTC is non-transferable. It is issued as an actual card (as a PVC card) and/or in digital form (as an E-card). The actual RTC card (PVC card) only becomes valid when upon being signed by the cardholder on the rear of the card. The digital RTC card (E-card) becomes valid as soon as it is activated on the smartphone via the RTC app. The RTC may only be used to access services by the person whose name is written on the card. With the digital RTC, it is possible to create cards for several individual persons on one device. The respective digital RTC may only be used by the authorised person.
The RTC is not transferable, and is only valid in combination with a valid form of photo ID. In the case of misuse, access to the service partner will be denied, and the RTC will be blocked to prevent its further use.
6. Validity
The RTC is valid from 1st January until 31st December of a respective calendar year, inclusive. Making use subsequent of discounts following the period of validity and/or claiming a payment for discounts that have not been made use of are excluded.
7. Prices
The prices published by Ruhr Tourismus GmbH shall apply accordingly. Temporarily discounted prices are not excluded.
8. Rules regarding children
8a. Young children (born between 2018 and 2022)
In the year 2022, young children born between 2018 up to and including 2022 who are accompanied by an adult RTC cardholder have free admission to the Free Admission services. Unless expressly referred to otherwise by the individual service partners in the tourist guide or on the RTC website, this rule does not include services in the “Half Price” category. The number of young children who are accompanied by an RTC cardholder who have free admission to the attractions is limited to a maximum of three.
8b. Children (born between 2008 and 2017)
Children born between 2008 up to and including 2017 are eligible to buy a reduced-price RTC which entitles them to one free visit to the Free Admission services. When making use of the services in the “Half Price” category, children receive a reduction of 50 % on the regular admission price for adults, unless a reduction on the price for children or the price of a children’s ticket is explicitly stated in the presentation of the individual service partner in the tourist guide or on the RTC website.
9. Use of the RTC
The RTC cardholder undertakes to write their complete name and add their personal signature on the flipside of the RTC before using the RTC for the first time. To receive the card benefits, the cardholder presents the original RTC to the relevant service provider before each individual use. Alternatively, the digital RTC (E-card) can be presented on a mobile device. With the digital RTC, it is possible to create and present the cards of several individual persons on one device. Photos or scans of an RTC are explicitly excluded and are not accepted. The service provider checks the validity of the RTC electronically or through straightforward visual inspection. S/he shall also compare the identity of the cardholder with the details on the RTC. Upon the request, the cardholder is required to provide a valid form of photo ID. If s/he is unable to do so, s/he will not be allowed to use the RTC by the service provider. The general information on the use of the RTC, as stated on the initial pages of the RTC tourist guide, apply.
10. Misuse and loss of the RTC and liability of the cardholder
In the event of misuse, or in the case of a justified suspicion of misuse, the service providers are obliged to retain the actual RTC card (the PVC card itself) without replacement. The cardholder is liable for the misuse of the RTC by third parties. In cases of misuse or in the case of a justified suspicion of misuse, Ruhr Tourismus GmbH is also entitled to block the use of the RTC and/or the digital RTC (E-card) immediately. There is no entitlement to a replacement card in the event of loss or theft. In the event of loss of theft, the cardholder undertakes to report such an occurrence immediately on telephone number: + 49 (0) 1806/1816180 (20 cents/call from all German networks).
11. Return
Ruhr Tourismus GmbH grants the customer a 14-day return period, provided it is clear that the RTC is unused. Returns are only possible at the retail outlet (for online purchases, Ruhr Tourismus GmbH) at which the RTC was purchased. Returns are not possible after the expiry of this period. After cancellation by the point of sale or Ruhr Tourismus GmbH, the digital card (E-card) is also automatically blocked for use straight away.
12. Data protection
In the scope of the conclusion of this purchase agreement, the following personal data of the customer will be collected: Title, first name, surname, address, telephone number, email address. This data is required for the completion of the purchase agreement and will be stored for this purpose. The legal basis for the processing of the data is point (b) of Art. 6(1) of the General Data Protection Regulation. The data will be erased subsequent to the end of the agreement. Until that time, customers have the right of access as regards the status of the storage of their personal data: In such cases, it is sufficient to send an email to the following email address: datenschutz@ruhr-tourismus.de
Data Controller in terms of the General Data Protection Regulation:
Ruhr Tourismus GmbH
Centroallee 261
46047 Oberhausen
Germany
Tel.: 0208 89959100
Email: datenschutz@ruhr-tourismus.de
Website: www.ruhr-tourismus.de
Data Protection Officer of the Data Controller:
Dr. Ralf W. Schadowski
ADDAG GmbH & Co KG
Krefelder Straße 121
52070 Aachen
Germany
Tel.: 0241 446880
Email: info@addag.de
Website: www.addag.de
13. Information online dispute resolution and on the use of a consumer dispute resolution service
The EU Commission has established an internet platform for the online resolution of disputes (known as the “ODR platform”). The ODR platform operates as a contact point for the out-of-court settlement of disputes concerning contractual obligations arising from online purchase agreements. Customers can access the ODR platform using the following link: ec.europa.eu/consumers/odr/.
Ruhr Tourismus GmbH does not participate in voluntary dispute resolution proceedings that take place before a consumer arbitration board.
14. Applicable law
It is agreed that the law of the Federal Republic of Germany shall apply, with the proviso that according to Art. 6 (2) of the Rome I Regulation, the customer shall not be deprived of the protection afforded to him/her by those provisions which, under the law which would be applicable in the absence of a choice of law, may not be derogated from by agreement.
15. Right of amendment
Ruhr Tourismus GmbH reserves the right to amend these General Terms and Conditions at any time. The version of the General Terms and Conditions of which the customer was made aware before the conclusion of the agreement and of which the customer was able to take note shall apply for the customer in each case.
Ruhr Tourismus GmbH
Centroallee 261
D-46047 Oberhausen
Validity: 11/2021