General terms and conditions for the RUHR.TOPCARD
The following conditions apply to the issue and administration of the RUHR.TOPCARD, hereinafter referred to as RTC:
1. Contractual parties
The purchase contract is concluded with Ruhr Tourismus GmbH, Centroallee 261, D-46047 Oberhausen. Further information about the seller can be found in the imprint of the website www.ruhr-tourismus.de. The purchase of the RTC, whether sold at an RTC sales point or purchased by the customer online/by telephone, does not result in the conclusion of any contracts with any of the service providers included in the RTC booklet. Service providers are the companies that offer the services described in the RTC booklet. The RTC cardholder concludes the respective contract with the service provider directly themselves before or by making use of the service provided by the service provider. Ruhr Tourismus GmbH is neither a tour operator nor a service provider, but merely provides the RTC cardholder with the opportunity to make use of the services of the service providers that can be used with the RTC. The service providers offer the RTC cardholder the use of the services listed in the current RTC booklet for a one-off fee.
2. Conclusion of the agreement
The presentation of the RTC product in the Ruhr Tourismus GmbH web shop is not a legally binding offer, but a non-binding online catalogue.
Input errors can be corrected before sending the order using the technical means provided in the online shop and the usual functions of the keyboard/mouse. The contract is concluded either in German or in English. By clicking on the button "Buy"/"Order payable" the customer places a binding order for the goods contained in the shopping cart.
Input errors can then no longer be corrected. The confirmation of the receipt of the order follows the sending of the order and leads directly to the conclusion of the contract. Ruhr Tourismus GmbH does not store a separate contract text. The customer must ensure that the e-mail address provided by him to confirm the order/to process the order is correct. In particular, when using SPAM filters, the customer must ensure that e-mails sent can be delivered.
The customer undertakes to pay the price plus any costs incurred within 10 days of receipt of the service. These costs include, but are not limited to, the costs arising from the revocation of the credit card debit. In the case of payment by electronic direct debit (ELV), a mandate is issued in favour of Ruhr Tourismus GmbH, which permits the customer's current account to be debited with the price to be paid by way of SEPA direct debit. The mandate is part of the confirmation. The customer assures to have sufficient funds on his account. Costs incurred as a result of non-redemption or reversal of the direct debit shall be borne by the customer as long as the non-redemption or reversal was not caused by Ruhr Tourismus GmbH.
If payment is made by bank transfer (prepayment/bank transfer), the customer must pay the full purchase price within 10 days to the account of Ruhr Tourismus GmbH, Commerzbank Dortmund, IBAN: DE93440400370320385803, stating the operation number in the intended use.
3. Scope of services
All service providers are obliged to provide RTC cardholders with the services marked as RTC services in full and without restriction during normal opening and business hours and in accordance with the General Terms and Conditions of Carriage and Business. However, the operating times of some service providers do not cover the entire validity period of the RTC. Restrictions may also result from individual closures (e.g. for special events; weather-related cancellation of service). The scope of the RTC services and how to obtain them can be found in the RTC booklet. Short-term changes to the scope of services of individual service providers that arise after the publication of the accompanying booklet shall be published on the RUHR.TOPCARD website and supplement or cancel the scope of services of the service provider published in the accompanying booklet. Each service marked with the “free entry” symbol in the RTC booklet or on the RUHR.TOPCARD website may be used by the RTC cardholder once on any day of the calendar year within the capacity of the service provider. Any service marked with the “half price” symbol in the RTC booklet or on the RUHR.TOPCARD website may be used several times, depending on availability, capacity, and specified validity period, taking into account the conditions specified in each case, unless the respective service is expressly excluded from multiple use.
4. Exclusion of liability
Ruhr Tourismus GmbH shall only be liable to its customers in the event of intent and gross negligence. Excluded from the above exclusion of liability is liability for damages arising from injury to life, limb or health resulting from a negligent breach of duty on the part of Ruhr Tourismus GmbH or an intentional or negligent breach of duty of a legal representative or vicarious agent of Ruhr Tourismus GmbH as well as liability for other damages resulting from a grossly negligent breach of duty by Ruhr Tourismus GmbH or from an intentional or grossly negligent breach of duty by a legal representative or vicarious agent of Ruhr Tourismus GmbH. Ruhr Tourismus GmbH accepts no liability for the services of the service providers or their descriptions in the RTC booklet and on the RUHR.TOPCARD website. There shall be no claim to reimbursement of travel expenses or similar expenses or losses incurred in the event of the facilities being fully booked or services being cancelled.
The RTC is non-transferable and is only valid in conjunction with a valid photo ID. It may therefore only be used by the person whose full name is signed on the card. In the event of misuse, admission to the service partner shall be denied and the RUHR.TOPCARD shall be seized without replacement.
The RTC is valid from 1st January to 31st December of each calendar year. The subsequent use of discounts after expiry of the validity period or the payment of discounts not used is excluded.
The prices published by Ruhr Tourismus GmbH shall apply. Special-offer prices for a limited period cannot be ruled out.
8. Child tickets
Small children born in 2015 or later, accompanied by an adult RTC cardholder, shall have free admission to the services used by the RTC cardholder in 2019. This does not apply to services marked as “half price”, unless otherwise stated in the RUHR.TOPCARD booklet or website for individual service partners. The number of children accompanied by an RTC cardholder who may receive free admission to the attractions is limited to a maximum of three. A reduced price RTC may be purchased for children born between 2005 and 2014.
9. Use of the RTC
The RTC cardholder must write their full name and personal signature on the back of the RTC prior to the first use. To redeem the benefits of the card, the cardholder shall present the RTC to the respective service provider before concluding each individual contract. The service provider shall check the validity of the RTC electronically or by visual inspection. They must also compare the cardholder’s identity with the information on the RTC. The cardholder must present a valid photo ID upon request. If they are unable to do so, they shall be denied use of the RTC by the service provider. The general instructions for use of the RTC specified in the service section of the RTC booklet shall apply.
10. Misuse and loss of the RTC and cardholder liability
In the event of misuse or justified suspicion of misuse, the service providers are obligated to retain the RTC without replacement. The cardholder shall be liable for the misuse of the RTC by third parties. In addition, Ruhr Tourismus GmbH is entitled to block the RTC immediately in cases of improper use or if there are reasonable grounds for suspecting improper use. In the event of loss or theft, the holder does not have a right to a replacement card. In case of theft or loss, the cardholder must report the incident immediately using the number: + 49 (0) 1806/1816180 (0,20 €€/ calls from German fixed networks, max. 0.60 € / calls from mobile networks).
Ruhr Tourismus GmbH shall grant the customer a 14-day return period, provided that the RTC is demonstrably unused. The RTC can only be returned at the point of sale (when buying online via Ruhr Tourismus GmbH) from which it was purchased. After the end of this period, it is no longer possible to return the RTC.
12. Data protection
In the context of the purchase contract, the following personal data of the customers are collected: Salutation, first and last name, address, telephone number, e-mail address. This data is required for the execution of the sales contract and stored for this purpose. The legal basis for the processing of the data is Art. 6 Para. 1 Sentence 1 lit. b of the General Data Protection Regulation. After termination of the contract the data will be deleted. Until then, customers have the option of requesting information on the status of the storage of their personal data. To do this, simply send an e-mail to the following e-mail address: email@example.com.
Data officer in the sense of the General Data Protection Regulation:
Ruhr Tourismus GmbH
Tel.: +49 (0) 208 89959100
Data protection officer:
Dr Ralf W. Schadowski
ADDAG GmbH & Co KG
Krefelder Strasse 121
Tel.: +49 (0) 241 446880
13. Information on online dispute resolution and recourse to a consumer mediation body
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 concerning contractual obligations arising from online sales contracts. The customer can access the OS platform via the following link: http:// ec.europa.eu/consumers/odr/. Ruhr Tourismus GmbH does not get involved in dispute resolutions in front of a consumer arbitration board.
14. Applicable law
The application of German law is agreed, with the proviso that according to Art. 6 para. 2 of the Rome I Regulation the customer is not deprived of the protection granted to him by those provisions from which, according to the law which would be applicable in the absence of a choice of law, may not be deviated by agreement.
15. Right to modification
Ruhr Tourismus GmbH reserves the right to change these GTC at any time. The version of the GTC to which the customer was informed prior to the conclusion of the contract and of which the customer was able to gain knowledge shall apply to the customer in each case.
Ruhr Tourismus GmbH, Centroallee 261, D-46047 Oberhausen, www.ruhrtopcard.de