General Terms and Conditions - Long Distane Sales Contract
1) Scope of Appication
1.1 These General Terms and Conditions of the company Check for Trips GmbH (hereinafter referred to as “Seller”) shall apply to all contracts concluded between a consumer or a trader (hereinafter referred to as “Client”) and the Seller relating to all goods and / or services presented in the Seller’s online shop. The inclusion of the Client’s own conditions is herewith objected to unless other terms have been stipulated.
1.2 These General Terms and Conditions shall apply accordingly for contracts regarding the delivery of the Istanbul Welcome Card, unless otherwise agreed expressly. These General Terms and Conditions deal only with the Istanbul Welcome Card, selling tours and tickets for certain activities or museums. They do not apply for the performance of those tours or museums. The Seller is not the organizer of any tours and does not operate any vehicle.
1.3 A consumer pursuant to these Terms and Conditions is any natural person concluding a legal transaction for a purpose attributed neither to a mainly commercial nor a self-employed occupational activity. A trader pursuant to these Terms and Conditions is any natural or legal person or partnership with legal capacity acting in the performance of a commercial or self-employed occupational activity when concluding a legal transaction.
1.4 Digital content in the sense of these General Terms and Conditions are all data not on a tangible medium which are produced in digital form and are supplied by the Seller by granting certain usage rights precisely defined in these General Terms and Conditions.
2) Conclusion of the Contract
2.1 The product descriptions in the Seller’s online shop do not constitute binding offers on the part of the Seller, but merely serve the purpose of submitting a binding offer by the Client.
2.2 The Client may submit the offer via the online order form integrated into the Seller’s online shop. In doing so, after having placed the selected services in the virtual basket and passed through the ordering process, and by clicking the button finalizing the order process, the Client submits a legally binding offer of contract with regard to the goods and/or services contained in the shopping cart.
2.3 When submitting an offer via the Seller’s online order form, the text of the contract is stored by the Seller after the contract has been concluded and transmitted to the Client in text form (e.g. e-mail, fax or letter) after the order has been sent. The seller shall not make the contract text accessible beyond this.
2.4 Prior to submitting a binding order via the Seller’s online order form, the Client may recognize input errors by reading attentively the information displayed on the screen. The enlargement function of the browser to enlarge the display on the screen may be an effective method for better recognizing input errors. The Client can correct all the data entered via the usual keyboard and mouse function during the electronic ordering process, until he clicks the button finalizing the ordering process.
2.5 The English language are exclusively available for the conclusion of the contract.
2.6 Order processing and contacting usually takes place via e-mail and automated order processing. It is the Client’s responsibility to ensure that the e-mail address he provides for the order processing is accurate so that e-mails sent by the Seller can be received at this address. Particularly, it is the Client`s responsibility, if SPAM filters are used, to ensure that all e-mails sent by the Seller or by third parties commissioned by the Seller with the order processing can be delivered.
3) Electronic Long Distance Sale
3.1 The subject of this contract includes the rights and liabilities of the parties as per the provisions of directive about methods and principles of distant contracts in the scope of law on the protection of the consumer in relation with the sales and execution of Istanbul Welcome Card touristic product, which Seller sells electronically to the client at www.yourmobileguide.com.
3.2 The client shall declare that he has read and has had knowledge of all the preliminary information concerning the quality of the contractual product service, the sales price and the method of payment besides the performance and has given the required confirmation in electronic media.
3.3 The seller is accountable to the client for the defective contractual service.
3.4 The client must ensure that the e-mail address provided to confirm the order and process is accurate in order for e-mails sent by Your Mobile Guide can be received. Especially, the client must be sure that spam filters do not block e-mails from the seller.
3.5 In the event that the bank or financial institution cannot pay the service fee of the relative bank or financial institution to the seller due to the fact that the credit card belonging to the client is used unjustly or illegally by the unauthorized persons in a manner which is not caused by the defect of the seller after the performance of the service, the client is liable for the service fee and damages arose.
4.1 The seller is not operating any transfer vehicle, public transportation, activity, theme park, museum, cruise boat, sightseeing tours nor anything else. Therefore the seller is not responsible for any irregularities or accidents might can happen. Therefore the client is responsible to check insurance papers of the service providers. If the service should not have these papers we recommend the client to have sufficient insurance coverage.
5) Right to Cancel
5.1 Consumers are entitled to the right to cancel. You can cancel your order free of charge as the mentioned free of charge cancellation deadlines
5.2 To exercise the right to cancel, you must inform us (Check for Trips GmbH, Hintergasse 6, 65428 Rüsselsheim, Deutschland, Tel.: 06142 3306675, E-Mail: email@example.com of your decision to cancel this contract by a clear statement (e.g. a letter sent by post or e-mail).
5.3 To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
6) Prices and Payment Conditions
6.1 Unless otherwise stated in the Seller’s product description, prices indicated are total prices including the statutory sales tax.
6.2 Payment can be made using one of the methods mentioned in the Seller’s online shop.
6.3 If prepayment by bank transfer has been agreed upon, payment is due immediately after conclusion of the contract, unless the parties have arranged a later maturity date
6.4 If the payment method direct debit via Stripe is selected, the payment shall be processed via the payment service provider Stripe Payments Europe, Ltd., C/O A&L Goodbody, Ifsc, North Wall Quay, Dublin 1, Ireland (hereinafter referred to as “Stripe”). In this case, Stripe collects the invoice amount from the customer’s bank account on behalf of the seller after a SEPA direct debit mandate has been issued, but not before the expiry of the period for prior information. Pre-notification is any communication (e.g. invoice, policy, contract) to the customer that announces a debit by means of a SEPA direct debit. If the direct debit is not redeemed due to insufficient funds in the account or due to the indication of incorrect bank details, or if the customer objects to the debit although he is not entitled to do so, the customer shall bear the fees arising from the reversal of the debit entry by the respective credit institution if he is responsible for this. The seller reserves the right to carry out a credit check when selecting the SEPA direct debit payment method and to reject this payment method in the event of a negative credit check.
In case the client has no PayPal account, the conditions applicable for payments without PayPal account will be effective. They can be viewed at: https://www.paypal.com/de/webapps/mpp/ua/privacywax-full
7.1 Should the object of purchase be deficient, statutory provisions shall apply.
8) Applicable Law
8.1 The law of the Federal Republic of Germany shall apply to all legal relationships between the parties under exclusion of the laws governing the international purchase of movable goods. For consumers, this choice of law only applies to the extent that the granted protection is not withdrawn by mandatory provisions of the law of the country, in which the consumer has his habitual residence.
9) Place of Jurisdiction
9.1 If the Client is a businessman, a legal entity of public law or a separate estate under public law with its seat in the territory of the Federal Republic of Germany, the Seller’s place of business shall be the sole place of jurisdiction for all legal disputes arising from this contract.. If the Client is domiciled outside the territory of the Federal Republic of Germany, the Seller’s place of business shall be the sole place of jurisdiction for all legal disputes arising from this contract provided that the contract or claims from the contract can be assigned to the Client’s professional or commercial activities. In any event however, regarding the aforementioned cases the Seller is entitled to call the court responsible for the seat of the Client.
10) Alternative Dispute Resolution
10.1 The EU Commission provides on its website the following link to the ODR platform: https://ec.europa.eu/consumers/odr. This platform shall be a point of entry for out-of-court resolutions of disputes arising from online sales and service contracts concluded between consumers and traders.
10.2 The Seller is neither obliged nor prepared to attend a dispute settlement procedure before an alternative dispute resolution entity.
11) Picture Sources
11.1 All pictures used at www.yourmobileguide.com are from Shutterstock. Our Shutterstock license numbers are be4397153 and de51385799.