Groupon International Limited Terms of Use
This page sets out the terms and conditions of use of the website and services offered by Groupon International Limited.
1. SOME BASIC THINGS YOU SHOULD KNOW ABOUT THESE TERMS OF USE
1.1. What this document is and who we are: You are reading a legal document that sets out the agreement between you, the customer (whom we refer to in this document as "you", "your" or "customer"), and us.
You agree to the Terms of Use displayed below, collectively referred to as the "Agreement."
We are Groupon International Limited and we operate this website and provide a range of services related to this website.
Groupon International Limited is a company registered in Ireland with its registered office at Lower Ground Floor, Connaught House, 1 Burlington Road, Dublin 4, 216410 Ireland.
Our company number is 501358. We refer to ourselves in this document as "Groupon International", "we", "us" or "our" and we refer to ourselves and to all other companies in the Groupon group of companies, including our affiliated companies, parent - and affiliates, as the "Groupon group of companies".
Groupon International Limited assumes all contracts, rights, obligations and liabilities under these Terms of Contract from Groupon GmbH by contract by giving notice (by posting it on this website or by posting it otherwise).
As a result, only Groupon International Limited has the right and obligation under these Terms and You hereby irrevocably consent to the assignment and transfer of all rights, duties and responsibilities under the Contract.
1.2. What we do: We provide a platform (including this website, mobile applications, etc.) on which we, our local affiliates and other suppliers (collectively, “Sellers”) offer offers for vouchers, stores, merchandise, getaways and other products (collectively referred to as the “Article”).
As a platform provider, we help facilitate transactions for items on our platform.
We are never the buyer and usually not the seller; we provide a place for sellers and for you to negotiate and complete transactions.
This means that in addition to this agreement, you will have other contractual relationships with different legal entities when you interact with the website.
1.3. What these legal relationships are: Whatever item you purchase through the website is subject to the seller's terms and conditions of sale.
As Groupon International is not usually a seller, this means that your contract of sale is very likely to be with another legal entity (often this will be a company within the Groupon group of companies).
But please note that any contracts formed at the completion of a purchase are solely between you and the seller (and not with Groupon International unless Groupon International is the seller).
Seller is responsible for the sale and for dealing with any claim or any other issue arising out of or in connection with the contract between you and Seller.
Please also note that in relation to the purchase of a Voucher, in addition to the contract of sale with the seller of the Voucher, when you purchase your Voucher from that retailer (the "Retailer" ) redeem, conclude.
In relation to vouchers, neither we nor any seller accept responsibility for any contract in relation to the redemption of your voucher at a retailer.
Finally, please note that we never act as an agent of the seller or dealer.
1.4. Also, what we do: We may provide a forum to post User Content and to send newsletters and other communications to you.
In order to email you, we need to know a little bit about you.
Take a look at our data collection and data processing practices in our Privacy Policy for more details.
1.5. Scope of use: Unless expressly permitted in writing, the website and our services are only intended for your non-commercial, personal use and not for business purposes.
You may access the Website using only our app, standard internet browsers or mobile browsers and similar consumer applications, but not any robot, spider, offline reader, website search application, or automated website retrieval application or any other manual or automatic device, tool or process used to retrieve, index or explore data from our website by scraping, spidering or the like.
Exceptionally, operators of public search engines are granted the right, revocable by us at any time, to copy material from the Website by spidering, but only for the sole purpose and only to the extent necessary to create a publicly available searchable index of the Materials, but not for caches or archives to create these materials.
1.6. Limited License: Notwithstanding anything to the contrary in these Terms of Use, you are permitted to automatically search ("crawl"), index, display, or cache (cache) the contents of this Website solely to: (i) display the Website as a Part of the search engine results and (ii) optimizing (via Accelerated Mobile Pages or otherwise) the delivery of the website to other users of the website.
Groupon reserves all rights, including copyright, in its HTML code and content (including code optimized for Accelerated Mobile Pages), and nothing in these Terms of Use shall constitute a waiver, express or implied, of any rights of Groupon or the enforceability of the terms of use.
1.7. Exclusion from use: We reserve the right to exclude you from using the website and its services (or parts thereof).
1.8. Definitions: We use various defined terms throughout this Agreement.
These are all set forth within or at the end of this Agreement in Section 13.
2. REGISTER WITH US AND YOUR ACCOUNT
2.1. Why Sign Up: Depending on the particular functionality of our website, you may be required to sign in in order to use much of its functionality or to gain access to much of our services.
In any case, you must log in to make a purchase, unless you use the guest shopping option available on our website.
If you are shopping as a guest and do not have an account on our website, we will create one for you based on the information you provide in relation to that transaction (e.g. name, address, email address and other transaction-related information).
You can claim the account below by creating a password for this account.
Your account gives you easy access to print your voucher, see your recent purchases, save all your Groupon balances and change your settings.
We reserve the right to refuse a new registration or to terminate an account at any time.
You sign in with us so you don't have to re-enter your information every time you buy something.
2.2. How to register: To register you will need to provide us with your name, zip code, email address and possibly some other personal information.
2.3. Passwords: During registration you must also provide us with your password.
You must keep the password secret and inform us immediately if any unauthorized third party learns of this password or if there is any unauthorized use of your e-mail address or any security breach of which you are aware.
We shall have no responsibility and shall not be liable if any person to whom your password has been disclosed uses (and/or transacts through) our Services and Website.
Please note that you are entirely responsible if you fail to maintain the confidentiality of your password.
2.4. Valid Email Addresses: All accounts must be registered with a valid personal email address that you access regularly.
Any accounts registered with someone else's email address or with temporary email addresses may be closed at any time.
We may ask users to reverify their accounts if we believe they were used with an invalid email address.
2.5. Emails: Groupon International may send you administrative and promotional emails.
We may also send you information about your customer account activity and purchases, updates about our website and services, or other promotional offers.
We may also send you information about purchases you have made. (
You may unsubscribe from our promotional emails at any time by clicking the unsubscribe link at the bottom of any such email correspondence.)
2.6. Push notifications: If you have consented, Groupon International may send you promotional push notifications to your mobile device(s) for general location-based offers.
You can unsubscribe from our advertising push notifications at any time by changing the settings on your mobile device.
3. USER CONTENT
3.1. User Content: The Website may provide Account Users and Visitors to the Website with various opportunities to submit reviews, opinions, advice, ratings, discussions, comments, messages, survey responses and other communications, as well as files, images, photos, videos, post sound recordings, music and other content (collectively, “User Content”).
User Content may be posted through any forum, bulletin board, discussion group, chat room, poll, blog or other means of communication, each offered on, through or in connection with the Site or Services.
You may be required to have an account to post User Content.
3.2. Creator of User Content: By contributing User Content, you represent that you are or are acting on behalf of the creator of the User Content and that you have the creator's express, prior permission to submit or post such User Content and that you have all necessary rights to to grant all licenses and permissions set forth in this Agreement with respect to such User Content.
In addition, you represent (or, if you are acting on behalf of the creator of the User Content, you have ensured that the creator represents) that the sharing of the User Content for the purposes you have selected shall not infringe any copyright, trademark or other intellectual property right Infringes the property or rights of any third party, including the rights of publicity or privacy.
3.3. Restrictions: You may not upload, post or otherwise make available on the Website any material protected by copyright, trademark or other proprietary rights without the express consent of the copyright, trademark or other proprietary right holders.
Groupon has no express obligation or responsibility to provide you with any notices, attribution, or anything else to assist you in determining whether material in question is copyrighted or trademarked.
You shall be solely responsible for any damages resulting from any infringement of any copyright, trademark, proprietary rights or other damages resulting from any such posting.
Additional restrictions and prohibited activities that you should be aware of are listed in Section 5 below.
3.4. Use of User Content: Groupon International shall have the sole and absolute right, but not the obligation, to review, edit, post, refuse to post, remove, and monitor any User Content.
Groupon International also has the sole and absolute right, but not the obligation, to disclose the User Content and the circumstances of its transmission at any time to any third party for any reason.
This includes verifying compliance with this Agreement and the policies prepared by Groupon International, as well as with any applicable law, regulation or legitimate government request.
Without limiting the foregoing, Groupon International reserves the right to remove any material from the Website in its sole and absolute discretion.
Groupon International shall have no liability for any User Content or other information displayed or removed from the Website or elsewhere.
Groupon International has no obligation to use your User Content and may not use it at all.
3.5. Modifying or Removing User Content: Under certain circumstances and from time to time, it may be possible to modify or remove User Content that you have submitted or posted through your account.
Groupon International makes no representations or warranties that the User Content you modify or remove will be modified or removed from the Website or elsewhere, or that the User Content will no longer be available through the Internet, social media sites, search engines or in any other form, media or Technologies will appear.
3.6. Publicity of User Content: You understand and agree that User Content is public.
Any person (whether a user of the Groupon International Services or not) may read your User Content without your knowledge.
Therefore, please do not include any additional personally identifiable information or other information in your User Content, unless you plan to disclose it publicly.
Groupon International is not responsible for the release of any personally identifiable information or other information you disclose in connection with User Content.
3.7. Disclaimer: User Content of any kind created by you or a third party is created by the respective author or distributor and not by Groupon International.
Other users may post User Content that is inaccurate, misleading, or deceptive.
Groupon International does not endorse any User Content and is not responsible for any User Content and shall not be liable to you or any other person for any loss or damage caused by your reliance on any User Content.
User Content reflects the opinion of the person posting it and not the opinion of Groupon International.
Groupon International does not control or endorse any User Content and expressly disclaims any liability with respect to or in connection with your Submission and your use of it.
Likewise, Groupon shall not be liable for your reliance on User Content and any actions taken as a result of your participation in any part of the Site or the Services, including objectionable User Content.
3.8. Grant of Rights: Some User Content that you submit to Groupon International may be eligible for publication, or give you the option to publish it, in connection with your Personal Information, or part of your Personal Information, such as your name, initials, username, social Networking site User account name, picture, likes, voice and location.
You grant to Groupon International and the Groupon Group a royalty-free, perpetual, irrevocable, sublicensable, fully paid-up, non-exclusive, transferable, worldwide license to use, display, distribute the Personal Data appearing in connection with your User Content, offer for sale and sell, whether alone or as part of other works, and in whatever form, medium or technology the User Content appears, whether now known or later developed, and to sublicense these rights through multiple levels of sublicensees, respectively without any compensation payments to you.
However, Groupon International is under no obligation to use your personal information in connection with any User Content.
3.9. License: As between you and Groupon International, you will retain all of your ownership rights in the User Content that you send or post.
However, by posting any User Content or other information on or through the Website, you grant Groupon International and the Groupon Group a royalty-free, permanent, irrevocable, sublicensable, fully-paid, non-exclusive, transferable, worldwide license to reproduce the User Content , create, publish, edit, translate, distribute, perform, display, transmit, offer for sale and sell derivative works, whether alone or as part of other works and in any form, medium or Technologies appearing in User Content, whether now known or later developed, and to sub-license those rights through multiple tiers of sub-licensees, each without compensation to you.
You waive any moral rights or other rights relating to attribution of authorship or integrity of the materials related to the User Content that you may have under any applicable law under any legal theory.
Groupon International and the Groupon group of companies license User Content or Submitted Personal Data for promotional, advertising, marketing, market research, merchant feedback, quality control, or other lawful purposes.
3.10. Copyright Practices: Groupon reserves the right to terminate your right or the right of any third party to use the Website to the extent that such use violates the copyrights of others.
Groupon may, in certain circumstances and in its sole discretion, terminate your right and the right of any third party to access the Website if Groupon determines that you or a third party is a repeat infringer.
If you believe that material which constitutes copyright infringement has been posted on the Site by a third party and you wish to notify Groupon, you must submit your complaint here or provide the following information to Groupon's Copyright Agent identified below: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted work; (b) an identification of the copyrighted work and the location of the allegedly infringing work on the website; (c) a written statement that you have a good faith belief that the disputed use is not authorized by the owner, agent, or the law; (d) your name and contact details, including but not limited to phone number and email address; and (e) a statement by you that, to the best of your knowledge, the above information is accurate and, under penalty of perjury, you are the copyright owner or are authorized to act on the copyright owner's behalf.
Contact information for Groupon's Copyright Agent for reporting copyright infringement is:
Groupon, Inc.
Attn: Copyright Agent
c/o The Risk Management Department
Floors 11-12, Aldgate Tower
2 Leman Street, London E1 8FA, United Kingdom
E-Mail: emearisklegal@groupon.com
Procedure for Reporting Infringement: If you are the owner of a copyright, trademark, patent or other intellectual property right (“Intellectual Property Owner”), or an agent authorized to act on behalf of the intellectual property owner (“Authorized Agent”) ), and you believe in good faith that the materials or products on the Site infringe any copyright, trademark or other intellectual property right and you wish to report this to Groupon, you may report your complaint(s) here.
3.11. Unsolicited Submission of Ideas: We do not accept or consider unsolicited ideas of any kind, whether sent directly or through any employee or agent of Groupon International, including ideas or suggestions regarding new or improved products, improvements, names or technologies, advertising and marketing campaigns, plans or otherwise Actions.
Do not send us (or any of our employees) any unsolicited ideas, suggestions, materials, images or other works in any form ("Unsolicited Materials").
If you send us unsolicited materials, you agree that the following terms apply, notwithstanding any cover letter or other terms accompanying them:
Groupon International has no obligation to review Unsolicited Materials or to keep Unsolicited Materials confidential; and
Groupon International owns, may use, and distribute the Unsolicited Materials for any purpose, unrestricted and free of any obligation to acknowledge or pay you.
4. STANDARDS AND GROUPON INTERNATIONAL LIMITATION OF LIABILITY
4.1. The standards we operate under: Groupon International always tries to do its best in what it does and makes a commitment that:
4.1.1. we will use reasonable care in performing our obligations under this Agreement; and
4.1.2. we will not violate the requirements of professional diligence.
4.2. Section 4 is important!:
This Section 4 takes precedence over any other section in this Agreement and sets forth our entire liability with respect to the performance, non-performance, alleged performance or delay in performance of this Agreement or the Services or the Website or any purchases (or any part thereof) or in otherwise related to this Agreement or the formation or performance of this Agreement.
4.3. We are responsible for: Nothing in this Agreement limits or excludes our liability for liability for (i) fraud; (ii) death or personal injury caused by our negligence; (iii) gross misconduct by us, other than gross misconduct not committed by Groupon International itself; or (iv) any liability that cannot be excluded or limited by applicable law.
4.4. Categories of loss beyond our control: Notwithstanding clause: 4.3, as we only provide the Website and Services for your non-business use, we will never be liable for: 4.4.1. loss of income or revenue; 4.4.2. loss of actual or anticipated profits; 4.4.3. loss of business; or 4.4.4. indirect or consequential damages (and for the avoidance of doubt, the word "consequential damages" shall mean "consequential damages, whether foreseeable or known, foreseeable or otherwise arising").
5. YOUR OBLIGATIONS
5.1. Accurate Information: You warrant that all information provided during registration and throughout the course of this Agreement is accurate, complete and correct and that you will promptly notify us of any changes to such information by updating it in your account.
5.2. Content on the Website: It is your responsibility to ensure that any item or information (or product) available through the Website meets your specific requirements.
5.3. Things You Cannot Do: Without limitation, you agree that you will not use, and you will not permit any third party to use, the Services or the Website to:
5.3.1. upload, send or receive any material, including User Content, that is not civilized or tasteful;
5.3.2. Upload, send or receive any material, including User Content, that is unlawful, harmful, tortious, threatening, abusive, harassing, hateful, racist, homophobic, hurtful, pornographic, violent, misleading, abusive, indecent, obscene, threatening, blasphemous or is defamatory or libelous of any person or entity, constitutes contempt of court or a breach of trust, or violates the rights of another person or entity, including any copyright, trademark, trade secret, patent, right of publicity, right of publicity or violates the privacy or other rights of third parties;
5.3.3. upload, send, or receive any material, including User Content, for which you have not obtained all necessary licenses and/or permissions (from us or from a third party); or that constitutes or encourages conduct that would be considered a criminal offense, give rise to civil liability or otherwise violate the law or the rights of any third party in any country in the world;
5.3.4. upload, send or receive any material which is technically harmful (including computer viruses, logic bombs, trojan horses, worms, harmful components, corrupt data, malicious software, harmful data or anything else that interrupts the functionality of software or computer equipment, interferes with, damages or otherwise can lead to loss, damage, destruction or restriction of the functionality of software or computer equipment);
5.3.5. to cause annoyance, inconvenience or needless anxiety;
5.3.6. intercept or attempt to intercept communications transmitted by any telecommunications system;
5.3.7. use it for any purpose other than that intended by us;
5.3.8. use them for fraudulent purposes; or
5.3.9. in any way intended to incite hatred against ethnic, religious or other minorities, or otherwise intended to harm any person, group or organization.
5.4. Prohibited Uses: The following uses of the Site and Services are expressly prohibited, and you agree not to do (or allow anyone else to do) any of the following:
5.4.1. resell the Services or the Website;
5.4.2. the use of false information, including false names, addresses and contact details, and the fraudulent use of credit/debit card numbers;
5.4.3. attempting to circumvent our security or network, including accessing data not intended for you, logging into a server or account to which you are expressly denied access, or testing the security of other networks (for example, through the performing a port scan);
5.4.4. access the Services (or Website) in any way, or take any action that imposes or would impose an unreasonable or disproportionately large load on our infrastructure, or otherwise disrupts or disrupts its functionality, efficiency and operation;
5.4.5. conduct some type of network monitoring that intercepts data not intended for you;
5.4.6. send unsolicited e-mail messages, including sending "junk e-mail" or other promotional material to anyone who has not specifically requested such material.
You are expressly prohibited from sending unsolicited bulk emails.
These include bulk mailings of advertisements, advertisements or informational announcements and political or religious tracts.
Such material can only be sent to those who have specifically requested it.
If a recipient notifies you that they no longer wish to receive such emails, you must stop sending that person any further emails;
5.4.7. create or forward any "chain letters" or other "pyramid schemes" of any kind, whether or not the recipient chooses to receive such mailings;
5.4.8. send malicious emails, including flooding a user or website with very large or numerous emails;
5.4.9. engage in fraudulent interactions or transactions with us, a seller or a merchant (this includes interactions or transactions allegedly on behalf of a third party but without authority to bind that third party or where you pretend to be a third party);
5.4.10. use any Services or the Website (or any relevant functionality thereof) in violation of this Agreement;
5.4.11. unauthorized use or falsify mail header information;
5.4.12. engage in any illegal or criminal activity related to the use of the Services and/or the Website or any Voucher; or
5.4.13. to reproduce or use any User Content for any commercial purpose.
5.5. Equipment: The Services and the use of the Website do not imply the provision of a computer or other necessary equipment to access the Website or the Services.
In order to use the Website or Services, you need an internet connection and appropriate telecommunications connections.
We accept no liability for telephone costs, telecommunications costs or any other costs that you may incur.
6. RULES REGARDING THE USE OF THE SERVICES AND THE WEBSITE
6.1. Errors and omissions: We will not be liable for any error or omission (e.g. issuing a voucher in EUR 1.99 instead of EUR 199) where we have met the standards set out in Section 4 of this Agreement.
We will make all reasonable efforts to correct any errors or omissions after we have been notified by them.
We reserve the right, from time to time, to change, adjust, replace, or discontinue any coupon, item, service, or information on the Site or on the related Services without notice.
6.2. Viruses and Related Items: We do not guarantee that the Services or the Website will be free from viruses or anything else that may have harmful effects on technology.
6.3. Interruption of Access: While we attempt to provide uninterrupted access to the Services and Website, access to the Services and Website may be suspended, restricted or terminated at any time.
Your access to the Website and/or Services may also be restricted from time to time to allow for repairs, maintenance or the introduction of new facilities or services.
We will attempt to restore this access as soon as reasonably possible.
We also reserve the right to disable and/or modify access or remove any material that we determine violates this Agreement.
6.4. Closing Accounts: We reserve the right to close accounts if a user violates our Terms of Service (i.e., this Agreement).
This includes the use of proxy IPs (Internet Protocol addresses) to disguise the use of multiple accounts, or where a user is pretending to be in a different country than where they are actually located or if he interferes with the Website or the Services in any way.
6.5. Multiple Accounts: If you use multiple accounts and we take action against you, action may be taken against all of your accounts.
7. SUSPENSION AND TERMINATION
7.1. If you use the Services or the Website in breach of this Agreement (or if anyone other than you does so with your permission), we may block your use of the Services and/or the Website (in whole or in part).
7.2. If we suspend the Services or the Website, we may refuse to restore the Services or the Website to you until we receive an assurance from you, in a form we consider acceptable, that there will be no further breach of any of the terms of this Agreement agreement will come.
7.3. Groupon International will fully cooperate with any law enforcement authority or court order requesting that Groupon International disclose the identity and location of any person in breach of this Agreement.
7.4. Without limiting anything else in this Section 7, we may immediately or at any time (in whole or in part): (i) suspend the Services and/or the Website; (ii) bar you from using the Services and/or the Website; (iii) to block any person whom we believe is associated with you (in any way) from using the Services and/or the Website; and/or (iv) terminate this Agreement immediately if: 7.4.1. you breach this Agreement; 7.4.2. we reasonably suspect that you have breached or are about to breach this Agreement; or 7.4.3. we reasonably suspect that you have committed or are committing fraud against us or any other person.
7.5. Notwithstanding anything else in this Section 7, we may terminate this Agreement at any time.
7.6. Our right to terminate this Agreement will not affect any other rights we may have in relation to any breach or in relation to our rights, obligations or liabilities prior to termination.
8. PRIVACY
8.1. Please read our Privacy Policy and Cookie Policy, which form an integral part of this Agreement.
9. ADVERTISING
9.1. Advertisements may place or recognize a one-time "cookie" on your browser on our behalf by third party advertisers acting on our behalf.
If you want to learn more about these methods and your choices regarding how companies use this information, see the Privacy and Cookie Policy.
10. LINKS TO AND FROM OTHER SITES
10.1. Where the Site contains links to third party websites and third party resources (collectively, "Other Sites"), those other sites are linked solely to provide information and are provided solely for your convenience.
We have no control over, accept or accept no responsibility for other websites (including social media sites such as Facebook) or for the content and products found on other websites and accept no responsibility for any loss or damage that may arise from your use of surrender to them.
If you decide to visit any of these third party websites linked from the Website, you do so entirely at your own risk.
11. INTELLECTUAL PROPERTY RIGHTS
11.1. Groupon International grants you a limited, personal, non-transferable, non-exclusive, revocable license to access and use the Website subject to this Agreement and any additional terms and policies set forth by Groupon International.
All intellectual property rights (including all copyrights, patents, trademarks, service marks, trade names, domain names, social media identifiers, designs, whether registered or not) in the Website and in the Services, materials, information and content on the Website (subject to Section 11.4 below) or accessed as part of the Services, databases operated by us, all website design, text, graphics, software, photos, videos, music, sound, data, all software compilations We (or our licensors) retain ownership of the underlying source code and software (including applets and scripts) and all their selections, coordination, arrangement and enhancements.
You must not obtain any property rights or entitlement to any such property, and you must not attempt to do so.
All rights are reserved.
11.2. None of the material referred to in Section 11.1 above may be reproduced, distributed, copied, modified, published, downloaded, displayed, posted, performed, transmitted, sold, rented, resold, licensed or sublicensed, in whole or in part, in any form or by any means or used to create derivative works or in any way exploited without the prior express written permission of the Groupon Group or the copyright owner, unless the copyright law expressly provides otherwise.
However, you are entitled to access and display the content of the website on a computer screen and to store such content in electronic form (but not on a server or other storage medium connected to a network).
You may not reproduce, modify, copy, distribute, display, perform or otherwise exploit any material, information or content on the Website for any commercial purpose without our permission.
If downloading, copying, distributing, transmitting or posting copyrighted material is permitted by law, you will independently credit the authorship and will not alter or remove any attribution notices, trademark notices or copyright notices.
You acknowledge that you do not acquire any ownership rights by downloading any copyrighted material.
Any violation of these restrictions may result in violation of copyright, trademark or other intellectual property rights, which may subject you to civil and/or criminal penalties.
In addition, you may not make any use that exceeds or violates this Agreement.
11.3. Groupon may have registered or unregistered trademarks in many countries and "GROUPON", the Groupon logos and variations thereof appearing on the Site are trademarks owned by Groupon, Inc. or its affiliates and any use of such marks is for the benefit of Groupon . "
GROUPON” is a registered trademark in the following countries: Algeria, Antigua, Argentina, Armenia, Australia, Bahamas, Bahrain, Belarus, Brazil, Canada, Chile, Colombia, Costa Rica, Dominican Republic, Ecuador, Egypt, European Union, France, Germany, Hong Kong, Iceland, India, Indonesia, Israel, Jamaica, Japan, Jordan, Kenya, Lebanon, Liechtenstein, Macedonia, Mexico, Moldova, Morocco, New Zealand, Nigeria, Norway, O.A.P.I., Panama, Paraguay, Peru, Philippines, Qatar, Russian Federation, Saudi Arabia, Singapore, South Africa, South Korea, Switzerland, Taiwan, Thailand, Tunisia, Turkey, Turkmenistan, Ukraine, United Arab Emirates, United States of America, Uruguay, Venezuela and Vietnam.
A non-exhaustive list of Groupon brands can be found here.
11.4. Title, title and intellectual property rights in and to the Content available through access to the Site and the Services are owned by the respective content owner or vendor and may be protected by copyright, trademark or other laws.
This Agreement gives you no rights to use any such Content other than the licenses granted herein.
11.5. Except with respect to User Content, the authors of the literary and artistic works on the Site's pages have exercised their respective moral rights to be identified as the author of those works.
11.6. If for any reason any part of this statement does not apply by operation of law, anything you provide to us from any source (e.g. email, website or otherwise) will be deemed to be a royalty-free, grant a perpetual, irrevocable, sub-licensable, fully paid-up, transferable and non-exclusive right to use, copy, modify, adapt, translate, publish, distribute, display and perform worldwide such data material in any form, in any media or using any technology, regardless of whether they are already known or will only be developed later.
For the purpose of operating the Website and providing the Services, this also refers to the licensing of these named rights by multiple levels of sub-licensees without compensation to you.
12. GENERAL
12.1. Interpretation: In this Agreement:
12.1.1. include words denoting persons, natural persons, partnerships, limited liability companies, legal persons and associations of persons;
12.1.2. Section headings such as (“12. GENERAL” at the beginning of this Section) and Section titles (such as “Interpretation:” at the beginning of this Section 12.1) are for ease of reference and do not form part of the interpretation of this Agreement and
12.1.3. References such as "comprise" and "including" have the meanings "comprises without limitation" and "including without limitation," respectively.
12.2. No Partnership or Agency: Nothing in this Agreement shall be construed to create any joint venture, partnership or agency between you and us.
Neither party will have any right or authority to assume any liability, indebtedness or expense or enter into any contract or other arrangement on behalf of the other party.
12.3. No Other Terms: Except as expressly provided in this Agreement, all warranties, conditions and other provisions, whether express or implied, shall be by statute, common law or otherwise, to the fullest extent permitted by law excluded.
12.4. Assignment: You may not assign or delegate all or any of your rights or any of your obligations under this Agreement.
We have the right to assign or otherwise delegate all or any of our rights or obligations under this Agreement to any person.
12.5. Events Outside Our Control: We will not be liable for any breach of our obligations under this Agreement if we are impeded or prevented from performing our obligations by reasons beyond our control.
12.6. No Waiver: No waiver by us of any wrongdoing by you under this Agreement shall be construed as a waiver of our rights in future wrongdoing, whether of the same or different wrongdoing.
No concession of time or other indulgence or forbearance made by us to you shall be deemed to relieve you of any liability under this Agreement.
12.7. Notices: Except as otherwise provided in this Agreement, notices between the two parties shall be in writing and handed over directly or sent by email (except where you are sending us a message regarding a legal dispute), facsimile or postage prepaid to you to the address you have given us or to us at our registered office.
12.8. Third Party Rights: You agree and acknowledge that Groupon International is entering into this Agreement in its own interest, but also as an agent on behalf and in the interest of the Groupon group of companies and our third party content providers and licensors (the "Third Party Rightsholders") so that all rights and benefits of Groupon International (but not the obligations and obligations) under or in connection with this Agreement, including those to indemnification, under contract and tort law, or otherwise, shall be rights and benefits of any third party rights owner ( as if each of them were a party to this Agreement).
Groupon may enforce these rights and benefits on its own behalf and/or as agent for any of the third party rights holders under this Agreement.
12.9. Survival: In any event, the provisions of Sections 1, 3, 4, 7, 11, 12 and 13 of this Agreement shall survive together with such provisions which are either expressly intended to survive or are deemed by their nature or context to also shall survive any termination of the Agreement shall survive any termination or expiration of this Agreement.
In the event that you continue to use the Services or Website, then the provisions of the Terms and Conditions then in effect will govern your continued use of the Services or Website.
12.10. Severability: If any provision of this Agreement is found to be unlawful, void or unenforceable in whole or in part, that provision will be severed and the validity and enforceability of the remaining provisions of this Agreement will not be affected as far as possible.
12.11. Governing Law: This Agreement (and any non-contractual relationship between you and us) shall be governed by and construed in accordance with Irish law.
13. DEFINITIONS
In this Agreement we use various defined terms.
These mean the following:
"Account" means your Groupon account.
"Liability" means liability under any legal theory (including breach of contract, tort, misrepresentation, reinstatement or any other legal theory) relating to or arising out of this Agreement (including any liability expressly set forth in this Agreement or any liability arising out of the invalidity or unenforceability of any provision of this Agreement) - and for purposes of this definition, all references to "Agreement" shall also apply to any Additional Agreement.
"Retailer" means the seller of the Products for which a Voucher may be redeemed.
A Merchant is NOT a Seller or Groupon International.
"Website" means websites, mobile applications, electronic communications and services, social media, or any individual, business partner-specific, retailer-specific, city-specific, or other area-specific website that links to these Terms of Use.
"Register" means creating an account on the Website and "Registration" is the action of creating a user account.
"Services" means all or any of the Services provided by Groupon International through the Website (or other electronic - or otherwise - communications from Groupon International).
This includes mobile applications, our newsletter, emails we send to you and information services, content and transactional features on the website (including the ability to make a purchase).
"Coupon" means a coupon distributed by the Sellers and redeemable for Products at the applicable Retailer.
They are subject to the terms and conditions set out on the voucher itself and/or on the promotional pages of the website where the voucher was purchased.
“Products” means the goods and/or services described in (and redeemable for) a Voucher.
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Voucher Conditions of Sale – Groupon GmbH Germany
1. General Information
1. These terms and conditions apply to any merchant gift card you purchase from Groupon.
Groupon acts on behalf and in the name of the respective merchant.
2. Groupon means Groupon GmbH, a company incorporated under the laws of the Federal Republic of Germany, having its registered office in Berlin and having its office registered at Hausvogteiplatz 2, 10117 Berlin in the commercial register of Berlin (Charlottenburg).
Groupon's commercial register number is HRB 123512 B and the VAT number is DE 268 596 614.
3. A Voucher means an instrument, either in physical or electronic form, that entitles the holder of such Voucher ("Voucher Holder") to redeem it at a retailer within the time period specified on the Voucher ("Redemption Period").
4. Merchant's Offer means the goods and/or services to be provided by the Merchant to the Voucher Holder as specified on the Groupon Website and on the Voucher.
5. Merchant is an independent third party that sells, supplies, delivers or performs the offer described in the voucher.
Merchant authorizes Groupon to issue, sell and transfer the Vouchers in the name and on behalf of Merchant.
He alone is the issuer of the vouchers and obliges the services or goods specified in the voucher, which he provides on the basis of a separate contract.
Groupon does not itself sell, deliver, deliver and/or execute the merchant's offer.
Groupon acts solely in the name and on behalf of the Merchant in issuing, selling and transferring the Voucher to you.
6. These Terms of Sale were last updated on 05/13/2019 (version 3.2).
7. Groupon reserves the right to unilaterally change these Terms of Sale at any time.
Any changes to these Terms of Sale will be posted online.
Only the version of the terms and conditions that you agreed to at the time of purchasing the voucher will apply to you.
2. Purchase of a voucher
1. You must be at least 18 years old to purchase a voucher.
Before you buy a voucher, you must register and open an account.
2. By clicking the "BUY NOW" button, you are making an offer to Groupon to purchase the Voucher, which Groupon will accept on behalf and on behalf of the Merchant.
However, the purchase of the voucher is not complete until you receive an email from Groupon, in the name and on behalf of the retailer, confirming acceptance of your offer.
Groupon expressly reserves the right to refuse your offer.
In addition, even if your offer has been accepted, Groupon may at any time terminate the contract if Groupon has reason to believe that you may commit fraud against Groupon, a third party associated with Groupon or the Merchant.
3. The terms and conditions of the dealer apply to the sale, delivery, handover or execution of the offer.
3. Redeeming a Voucher
1. Unless expressly stated otherwise:
a. The voucher can only be redeemed once;
b. The voucher can only be redeemed at the retailer and not at Groupon;
c. The voucher is only valid for one person; and
i.e. You must observe the conditions specified in the voucher for redeeming the voucher if you redeem the voucher at the retailer.
2. To redeem a voucher, you must present it to the merchant within the redemption period.
If you do not redeem the voucher within the redemption period, the voucher automatically expires and can no longer be redeemed.
3. If the voucher offer on the Groupon website is a "direct redemption" agreement, Groupon will ask you to provide your shipping details at the time of purchase.
Groupon then forwards this information to the retailer on your behalf.
The retailer will then redeem your voucher and send their offer to you.
4. Unless expressly stated otherwise, the voucher does not entitle the voucher holder to receive the merchant's offer at a specific time.
You are strongly advised to contact the retailer well in advance.
This gives you the best chance of securing your preferred date for delivery, handover and/or execution of the trader's offer.
Groupon has no influence on this.
5. If you redeem the Voucher for any goods or services other than the Dealer's authenticated offer, you are not entitled to a credit, refund or new Voucher for the difference between the purchase price of the Voucher and the actual value of the goods or services. Services provided or handed over to you by the trader.
6. Vouchers can only be redeemed in their entirety.
If for any reason you redeem the Voucher at a retailer for less than the original (non-discounted) value, you will not be entitled to a credit, refund or new Voucher for the difference between the original (non-discounted) value and the redeemed value.
7. Groupon may charge fees or other costs related to the purchase or redemption of the voucher on behalf of the merchant.
All such fees or charges (if any) will be disclosed to you prior to redeeming the voucher.
8. If, for unforeseen reasons, a Merchant is unable to deliver or perform the Voucher Offer as described, Groupon will notify you by email as soon as possible.
Groupon will either offer you a new voucher with comparable benefits (if available) or a refund of the voucher purchase price.
4. Use of a Voucher
1. Any purchase of a voucher is for your non-commercial, personal use only.
The voucher is transferable to third parties for their non-commercial and personal use.
Commercial trading with a voucher is not permitted.
Reproduction of a voucher is prohibited.
2. You alone are responsible for the careful handling of the voucher.
Neither Groupon nor the merchant are responsible for lost or stolen vouchers or for recovering voucher numbers or voucher security codes.
3. You warrant that you will not use any false information, including false names, addresses, or contact or payment information, or engage in any illegal activity in connection with the purchase or use of any Voucher or allow anyone else to do so.
4. If an attempt is made to redeem a Voucher contrary to these Terms of Sale, Groupon may, at its sole discretion, void such Voucher.
5. Withdrawals (and Exceptions), Refunds and Issues
1. You have the right to revoke the voucher purchase within 14 days after receipt of the confirmation e-mail ("voucher revocation period").
However, if you redeem the Voucher within the Voucher Cooling Period, you are expressly requesting Groupon, acting in the name and on behalf of the Merchant, to begin providing the service to you and they accept that you thereby forfeit their right to to revoke the purchase of a voucher.
By redeeming the Voucher, Groupon, in the name and on behalf of the Merchant, has fully performed the issuing, sale and transfer of the Voucher to you.
Please note that this section also applies to "Direct Checkout" deals.
2. If you want to cancel the voucher purchase, you can do so in any of the following ways:
a. By filling out and sending the online cancellation form at: https://static.de.groupon-content.net/mail_img/global/forms/DE_Voucher_Cancellation_Form.pdf
b. By contacting us at https://www.groupon.de/kundenservice
3. If you revoke this contract, we, on behalf of the merchant, have to repay all payments that we have received from you in relation to the voucher immediately and at the latest within fourteen days from the day on which the notification of your revocation of this contract has been received by us.
4. If you redeem your Voucher but the retailer has not correctly performed the service described in the Voucher, or if you have a complaint regarding the provision of the voucher redemption, you must contact that retailer directly.
Merchant alone, and in no event Groupon, is responsible for the delivery or performance of the Merchandise.
Groupon only sells and provides the voucher; both in the name and on behalf of the dealer.
However, if you and the retailer cannot find a way to resolve the complaint, Groupon, on behalf of and on behalf of the retailer, may, at your request, attempt to assist you in resolving the issue.
5. Any refund to you will be made to your original method of payment, unless you expressly notify Groupon in advance not to do so.
If the payment method you originally used has been cancelled, expired or otherwise changed, you must inform https://www.groupon.de/kundenservice immediately.
If you don't do this and the refund has already been made to your original form of payment, you will need to arrange with your bank or payment service provider how you will receive this refund.
Groupon will only issue one refund at a time.
6. You have 30 days after receipt of the refund to decline it.
If you do not refuse the refund within those 30 days, such refund will constitute a full and final settlement of all claims against Groupon (acting as merchant's agent) relating to, arising out of, or connected with the Voucher.
6. Responsibility for the merchant's voucher offer
Please note that the retailer and not Groupon:
1. The seller, supplier or provider of the voucher offer is;
2. Is the party entering into a contract with the voucher holder when the voucher is redeemed; and
3. Solely responsible for the offer and also responsible for ensuring that the voucher holder receives the merchandise.
7. Groupon Liability
1. Groupon, in the name and on behalf of the merchant, represents that
1. When fulfilling his obligations arising from these terms and conditions, he takes the necessary care;
2. the vouchers are of satisfactory quality and fit for purpose; and
3. the requirements of fairness and professional diligence are complied with in all actions.
2. Groupon is always liable for: (a) damage resulting from injury to life, limb or health that is based on an intentional or negligent breach of duty by Groupon; (b) any fraud or fraudulent misrepresentation committed by Groupon; (c) any mandatory statutory liability (including under the Product Liability Act); (d) any liability guaranteed by Groupon; or (e) any implied contractual terms that cannot be excluded or limited under applicable law.
3. Groupon's liability for negligence is excluded in all cases other than those referred to in 7.2 above.
Groupon makes no representations as to the completeness, suitability, or legality of Merchant's offering.
Groupon is not responsible for the quality, safety, usability or any other aspect of the merchant's offering.
4. Groupon shall not be liable for any breach of any obligation under these Terms of Sale to the extent that the obligations are not performed for reasons beyond its control.
8. Groupon Site
Groupon's website ("Site") means the Internet website, mobile application, electronic communications and services, or any place where you can purchase a Groupon Merchant Gift Card.
The website on which Groupon offers the vouchers is owned by Groupon International Limited.
You can find out more about the Website Terms of Use, which are agreed between you and the website operator when you create an account on the Website, here.
9. Miscellaneous Provisions
1. If you breach these Terms of Sale and Groupon fails to take action against you, that does not mean that Groupon waives its rights and remedies in relation to your breach.
Groupon reserves the right to take appropriate action at any time if you breach your obligations under these Terms of Sale.
2. Except as otherwise provided in these Terms of Sale, notices to each party shall be in writing and shall be delivered by electronic mail (unless you are sending Groupon a statement as part of a legal proceeding) or postage prepaid.
Any communication that Groupon sends to you will be sent to the address you provided to Groupon when you registered your Groupon account.
You can send all notices to Groupon to the registered office of the company, the address of which is given under 1.2.
3. If any provision of these Terms of Sale is held to be void, ineffective or unenforceable, the validity and enforceability of the remaining provisions of these Terms of Sale shall not be affected.
4. These Voucher Terms and Conditions of Sale are governed by German law and shall be construed and enforced in accordance with German law, in each case without regard to conflict of laws principles.
The United Nations Convention on Contracts for the International Sale of Goods (CISG) does not apply.
The exclusive place of jurisdiction for all legal disputes arising from or in connection with this contract is Berlin if you are a merchant.
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GROUPON GOODS GLOBAL GMBH TERMS OF SALE
This page sets out the terms of the sale of goods to you by Groupon Goods.
1. Contract and Ordering Process Information
1.1. The Parties: These Terms of Sale ("Terms of Sale") are an agreement between you, the customer ("you" or "your", "your", etc.), and Groupon Goods Global GmbH ("Groupon Goods", or " we", "us", "our", etc.).
We are a company registered in Switzerland (company number CHE-497.202.638 with the following company address: c/o Wadsack Schaffhausen AG, Oberstadt 3, 8200 Schaffhausen, Switzerland.
Our sales tax identification number is DE289935214.
1.2. Scope of these Terms of Sale: By placing an order with us, you agree to these Terms of Sale and the Groupon Goods Returns Policy.
1. 3. Your Offer: When you click the Buy Now!
By clicking you are making an offer to purchase goods from Groupon Goods (the "Goods").
By clicking "Buy Now" you expressly agree to pay for the Goods if your order is accepted by us.
You must be at least 18 years old to purchase goods.
1.4. A copy of these Terms of Sale: We will keep a copy of the contract between us (these Terms of Sale) - and encourage you to print it out for your records.
1.5. Your statutory rights: As a consumer, notwithstanding these Terms of Sale, you have statutory rights to return faulty or misdescribed goods and to cancel your contract.
1.6. Updates to the Conditions of Sale: These Conditions of Sale were last updated on 06/27/2017 (version 6).
We reserve the right to change these Terms of Sale at any time (we will post this online).
If the Terms of Sale are changed after you have placed your order, the changes will not apply to the pending order.
2. Pricing and Purchase
2.1. Pricing and Who You Pay To: We will take and process payment for your order.
All prices (including shipping costs) for the goods include the statutory VAT.
Our prices are subject to change at any time, but this will not affect pending orders, except in the cases described in Articles 2.4 and 2.5 below.
2.2. Shipping costs: The shipping costs may be included in the prices.
Such charges will be specified in the specific terms and conditions section of your transaction.
If shipping costs are not included, they will be shown separately and added to the total bill before completing your order.
2.3. Place an Order: After clicking the "Buy Now!"
clicked and thus agree to the present conditions of sale, the order is considered completed when you have received an order confirmation from us by e-mail.
However, we reserve the right to refuse your order and not to enter into a contract with you.
If we accept your order, you will receive another email with the shipping confirmation.
Please note that if we have reasonable grounds to believe that your order is being fraudulent or that you have otherwise breached applicable law when ordering, we reserve the right to cancel the order even if we have already received your order Have accepted.
2.4. Errors and Omissions: There may be errors or omissions in our prices or in the description of goods.
We will make all reasonable efforts to correct any such error or omission as soon as we become aware of it.
We reserve the right to change, modify, replace or remove any information relating to the Goods offered for sale (including the Goods themselves) without notice.
2.5. Errors and omissions after ordering: If you have already purchased the goods and we subsequently discover errors or omissions:
(a) if the actual price of the goods is less than the stated price at the time of purchase, we will charge you the lower price.
(b) if the actual price of the Goods is more than the stated price at the time of purchase, we will contact you and give you the option of paying the correct (higher) price or canceling your order and subsequently receiving a refund.
3. Delivery of the Goods
3.1. Order change: Once you have placed your order, we cannot make any changes, including the quantity of goods ordered or the delivery address.
This article does not affect your statutory right to cancel your order or return the goods you have purchased.
3.2. Shipping: Groupon Goods shipping rates may vary.
Your purchase does not include delivery outside Germany.
In addition, delivery may even be limited to certain geographic regions of Germany.
So it can e.g. B. that we cannot deliver any goods to Helgoland and Büsingen.
3.3. Estimated delivery times: The estimated delivery time is stated in the specific contract terms.
We will endeavor to meet the delivery date.
Unless otherwise stated, delivery dates quoted are estimated dates which are not guaranteed and should not be relied upon.
3.4. Transfer of Title: Title to the Goods passes to you (i.e. the Goods become your property) when the Goods have been delivered to the delivery address you have provided.
4. Cancellation
Right of withdrawal
4.1. Consumers have the following right of withdrawal:
Consumers are entitled to a right of withdrawal according to the following stipulations, whereby a consumer is any natural person who concludes a legal transaction for purposes that can predominantly neither be attributed to their commercial nor their self-employed professional activity:
You have the right to withdraw from this contract within fourteen days without giving any reason.
The cancellation period for a purchase contract is fourteen days from the day on which you or a third party named by you who is not the carrier took possession of the voucher.
In the event that your order comprises several goods or the delivery of your goods consists of several partial deliveries, the cancellation period only begins when you have received the last goods or the last partial delivery.
4.2. In order to exercise your right of withdrawal, you must
Groupon Goods Global GmbH
c/o Wadsack Schaffhausen AG
upper town 3
8200 Schaffhouse
Switzerland
by means of a clear statement (e.g. a letter sent by post, fax, telephone or email) of your decision to withdraw from this contract.
You can also do this additionally by completing and returning our form provided to you in the order confirmation by contacting us at https://www.groupon.de/customer_support.
To meet the cancellation deadline, it is sufficient for you to send the communication regarding your exercise of the right of cancellation before the cancellation period has expired.
4.3. Exclusion of the right of withdrawal
There is no right of withdrawal for the following areas:
(a) Delivery of goods that can spoil quickly or whose use-by date would quickly expire (e.g. food, flowers)
(b) delivery of audio or video recordings or computer software in a sealed package if the seal has been removed after delivery,
(c) delivery of goods that are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer,
(d) delivery of alcoholic beverages, the price of which was agreed upon conclusion of the contract, but which can be delivered no earlier than 30 days after the conclusion of the contract and the current value of which depends on fluctuations on the market over which the entrepreneur has no influence;
(e) Delivery of newspapers, periodicals or magazines with the exception of subscription contracts,
(f) delivery of sealed goods which, for reasons of health protection or hygiene, are not suitable for return if their seal has been removed after delivery,
(g) delivery of goods if, due to their nature, these were inseparably mixed with other goods after delivery,
(h) other goods which by their nature cannot be returned, including goods which would be damaged in transit.
4.4 Consequences of revocation
If you revoke this contract, we have paid you all payments that we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us have), immediately and at the latest within fourteen days from the day on which we received the notification of your cancellation of this contract.
For this repayment, we use the same means of payment that you used in the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged fees for this repayment.
We may refuse repayment until we have received the returned goods or until you have provided proof that you have returned the goods, whichever is earlier.
You have the goods immediately and in any case at the latest within fourteen days from the day on which you inform us about the cancellation of this contract
Groupon Goods Global GmbH
GROUPON Returns
c/o ERNST SCHMITZ GmbH
Goods receipt 4
40 Black & Decker Street
65510 Idstein
OF
to be returned or handed over.
The deadline is met if you send back the goods before the period of fourteen days has expired.
You bear the direct costs of returning the goods.
The cost is estimated to be around EUR 50 at most.
We recommend that you use shipping with a delivery receipt when returning the item.
You must take reasonable care to ensure that the goods are properly packaged so that they are not damaged in transit.
You only have to pay for any loss in value of the goods if this loss in value is due to the handling of the goods that is not necessary to establish the nature, properties and functioning of the goods.
End of revocation
4.5. Cancellation of the order by us: There may be times when we have to cancel an order before the goods have been delivered for reasons beyond our control, e.g. B. due to a device failure or due to transport problems.
In this case we will contact you immediately.
5. Returns and Refunds
5.1. Our Returns Policy: Our Returns Policy applies to every item we sell.
In addition to your right to return goods within 14 calendar days from the date you or a third party you designate receives the goods, you also have all applicable statutory rights to return goods, new or used, even if wrong or defective goods have been delivered to you became.
5.2. Ownership of returned goods: Legal ownership of returned goods only passes to us after the goods have reached our returns centre.
In this case ownership of the returned goods does not pass to us.
5.3. Problems with returned goods: We reserve the right to refuse a refund and to charge you for the postage costs of returning the goods if we find that the goods have been damaged after delivery to you, that the goods have been mishandled or have not been used according to the instructions, have been used for an inspection, or the problem is not due to normal wear and tear.
This Article 5.3 does not limit or affect your right to cancel the contract and/or return goods under Article 4.
6. Information about the goods
6.1. We are not the manufacturer of the goods: We are not the manufacturer of the goods that we sell.
Whilst we endeavor to ensure that goods are as described on the website, of satisfactory quality and ready for use, goods offered for sale on the website may differ slightly from the product information.
We recommend that you read all labels, warnings and instructions provided with the Goods carefully before use.
Any guarantee provided by us, the manufacturer or the importer does not affect the statutory rights and claims that you may have under the contract.
6.2. Accuracy of Descriptions: We have taken reasonable steps to display colors and other details about the Goods as accurately as possible.
However, the actual colors and details of the Goods that you see on the Website will depend on the device you are using to view the Goods images.
We cannot guarantee that all colors or other details viewed on your television screen, mobile device, computer screen or other device will accurately reflect the colors or details of the goods when delivered.
6.3. Health care goods and their safety In case of safety concerns or other information about a product related to health care goods, we recommend that you carefully read the information provided with the product or contact the manufacturer.
The content of a website cannot in any way replace the advice of a doctor, pharmacist or other professional healthcare provider.
Customers should contact their doctor if they suspect they have a medical problem.
Information and statements about goods are not intended to diagnose, treat, cure or prevent any disease or any specific health condition.
We accept no liability for any inaccuracies or misrepresentations regarding goods made by manufacturers or third parties.
7. Liability
7.1. Our Business Standards: We always try to do our best and assure that:
(a) we will use reasonable care and skill in performing any obligation under these Terms of Sale;
(b) we have the right to sell goods;
(c) we only sell goods for domestic and personal use;
(d) the goods are of satisfactory quality and fit for purpose, and
(e) we will not act in a circumvent of professional diligence.
7.2. This Article 7 takes precedence over all other Articles (except Article 1.5) and sets out our entire liability.
7.3. Our Responsibility: Groupon Goods liability for damage due to slight negligence, regardless of its legal basis, is limited as follows:
(a) Groupon Goods liability for breach of material contractual obligations is limited to the amount of foreseeable damage customary for this type of contract;
(b) Groupon Goods shall have no liability for breach of any other applicable duty of care due to ordinary negligence.
(c) The above limitations of liability do not apply to cases of mandatory legal liability, in particular under the German Product Liability Act and liability for culpably caused physical injuries and fatal injuries as well as damage to health.
In addition, these limitations of liability will not apply if and to the extent that Groupon Goods has made a specific warranty.
(d) Sections 7.3.(a).
until 7.3. (c) apply accordingly to Groupon Goods liability for wasted expenses.
You are obliged to take reasonable measures to prevent damage and to keep it as small as possible.
7.4. Classes of damage for which we are not responsible: As we only sell goods for domestic and private use, and without prejudice to Article 7.3, in general we will not be liable for: (a) any loss of income or revenue; (b) loss of actual or anticipated profits; (c) loss of business; and (d) indirect or consequential damages (and for the avoidance of doubt, "consequential damages" means "consequential damages, whether foreseeable, known or otherwise foreseeable").
7.5. "Liability" means liability for any cause of action (including breach of contract, tort, misrepresentation, return or any other cause of action) arising out of or in connection with these Terms of Sale (including liability expressly under these Terms of Sale or liability arising out of the invalidity or unenforceability of any provision of these Terms of Sale).
8. General
8.1. Interpretation: In these Terms of Sale:
(a) words denoting persons include natural persons, partnerships, limited liability companies, legal persons and unincorporated associations of persons;
(b) Article headings (such as "8. General" at the beginning of this Article) and article titles (such as "Interpretation") at the beginning of this Article 10.8.1.) are included for convenience only and do not form part of these Terms of Sale nor do they affect their interpretation; and
(c) the terms "comprise" and "including" are understood to mean "comprises (or include) inter alia" and "including inter alia", respectively.
8.2. No Partnership/Agency Relationship: Nothing in these Terms of Sale will create any joint venture, partnership or agency relationship between you and us.
Neither party shall have any right or authority to incur any debt or expense or enter into any contract or agreement in the name or on behalf of the other party.
8.3. Assignment: You may not assign, delegate or otherwise transfer any right or obligation under these Terms of Sale, in whole or in part, without our prior written consent.
We will not refuse such approval without good reason.
We have the right to assign or otherwise delegate all or any of our rights or obligations under these Terms of Sale, in whole or in part, to any other person.
8.4. Events Outside Our Control: We will not be liable for any breach of our obligations under this Agreement if we are prevented from performing our obligations for reasons beyond our control.
If events beyond our control affect our ability to perform our obligations under these Terms of Sale, the time limit for compliance will be extended by the duration of the event and you will be notified by us as soon as reasonably practicable.
After the event has ended, we will arrange a new delivery date for your goods with you, if possible.
8.5. What we rely on: We will only rely on what is written in these Terms of Sale in relation to the sale of goods to you and not on any other representations made otherwise.
8.6. No Waiver: Any waiver by us of any breach by you under these Terms of Sale shall not constitute or imply a waiver by us of any future breach, whether such breaches are of a similar or different character.
In no event shall delay by us in bringing an action for any breach of duty by you constitute an indemnity, exoneration or any other limitation of liability under these Terms of Sale.
8.7. Notices: Except as otherwise provided in these Terms of Sale, all notices given to either party must be in writing and in person, by email (except where you are sending a notice to Groupon Goods as part of a legal proceeding) or by post Postage prepaid to the address you provide or to our registered office.
8.8. No Third Party Rights: All provisions of these Terms of Sale apply equally to and benefit Groupon Goods, their subsidiaries, any Groupon Goods holding company, their (or their) affiliates and their (or their) third party content providers and licensees.
Each of those parties shall have the right to enforce and enforce these Terms, directly or on their behalf (unless these Terms of Sale have been modified or waived without the consent of those parties).
Subject to the foregoing, all provisions of these Terms of Sale shall be enforceable solely by the contracting parties.
8.9. Survival: The provisions of Articles 1, 2, 4, 7 and 8 of these Terms of Sale and those provisions which either expressly survive the expiration or termination of the contract between you and us or which by their nature or context may be deemed to survive that they should continue after the termination of the contract will continue to exist even after the expiration or termination of our contract.
8.10. Severability: If any provision of these Terms of Sale is held to be unlawful, void or unenforceable, that provision will be removed from the Terms of Sale without affecting the remaining provisions of the Terms of Sale.
As far as possible, the validity and enforceability of the remaining provisions of these Terms of Sale shall not be affected.
8.11. Governing Law and Dispute Resolution: We will endeavor to resolve any disputes arising in connection with these Terms of Sale.
The present conditions of sale (as well as all non-contractual relationships between you and us) are subject to the German The parties also agree that the provisions of the UN Sales Convention do not apply.
9. Customer Service
Contact information:
Phone: +49 (0)30 311 998 66 (local rate, mobile phone may vary)
Contact us at: https://www.groupon.de/customer_support
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General Terms and Conditions of Sale of Groupon International Travel GmbH
This document defines the general terms of use for the use of the services of Groupon International Travel GmbH for the sale of travel vouchers.
Please note that these terms do not apply to the purchase of a voucher from Groupon International Limited as such purchase is subject to its own terms of sale.
1. General
1.1. These general terms and conditions apply exclusively to consumers, i.e. natural persons who use our services without this being attributable to their commercial or professional activity.
1.2. Vouchers for travel are offered on the Groupon International Limited website www.groupon.de.
The seller of the vouchers is Groupon International Travel GmbH (hereinafter: Groupon).
The issuers of the vouchers and debtors of the services or goods specified in the vouchers are solely the partners specified in each case, who provide these services on the basis of a separate contract and, if applicable, their respective general terms and conditions.
Groupon itself does not owe the provision of the services specified in the vouchers, but only that the voucher grants you the right to have the partner conclude a contract under the conditions specified in the voucher.
1.3. The following terms of use in the version valid at the time of the order apply exclusively to Groupon services.
The Groupon Terms of Use are accepted by confirming the corresponding button during the ordering process.
The terms of use can be called up, printed out or saved locally at any time at https://www.groupon.de/terms_and_conditions/tc_travel112015 and will also be sent to you by e-mail together with the order confirmation.
2. Operator of the Groupon service
The website www.groupon.de and the system for selling vouchers on this site are operated by:
Groupon International Limited
Lower Ground Floor, Connaught House, 1 Burlington Road,
Dublin 4, 216410 Ireland
The vouchers are sold by:
Groupon International Travel GmbH
c/o Wadsack Schaffhausen AG
upper town 3
8200 Schaffhausen, Switzerland
Registered in the commercial register of the Canton of Schaffhausen
under the company number CHE-180.110.104. Our VAT number CHE-349.386.564.
3. Voucher purchase
How to buy a voucher on www.groupon.de:
· Confirm the "Buy" button on the start page.
Choose the desired number of vouchers.
· Enter your name and contact details and choose your payment method (direct debit, credit card, instant transfer or PayPal).
· You submit your purchase bid by confirming the terms of use and pressing the "Buy" button.
· We will automatically confirm receipt of your order by e-mail, but this does not constitute acceptance of the contract.
Groupon accepts the purchase contract by sending the voucher by email.
· If the minimum number of participants has been reached after the specified sales time and we have successfully booked your payment, we will send you the voucher by e-mail.
Otherwise we will also inform you by e-mail (see section 6.1).
· Print out the voucher and redeem it in the respective partner shop or with the relevant partner.
4. Cancellation policy
4.1 Right of Withdrawal
You can return your contractual declaration regarding the purchase of the voucher within 14 days without giving reasons in text form (e.g. fax, e-mail, telephone or by returning this form) or - if you are given the voucher before the deadline - also by returning the voucher withdraw.
The period begins after receipt of this instruction in text form, but not before receipt of the voucher by the recipient and also not before fulfillment of our information obligations according to Article 246 § 2 in connection with § 1 Para. 1 and 2 EGBGB as well as our obligations according to §312g Para. 1 Sentence 1 BGB in connection with Art.
246 § 3 EGBGB.
To meet the cancellation deadline, it is sufficient to send the cancellation or voucher in good time.
The revocation must be sent to (address for summons):
Groupon International Travel GmbH
CUSTOMER SUPPORT
c/o Wadsack Schaffhausen AG
upper town 3
8200 Schaffhausen, Switzerland
4.2 Exclusion of the right of withdrawal
There is no right of withdrawal when purchasing vouchers for services in the areas of accommodation, transport, food and drink delivery and leisure activities if the service is to be provided at a specific time or within a precisely specified period.
In particular, there is no right of withdrawal for vouchers that entitle you to visit a specific concert or other leisure event.
4.3 Consequences of revocation
In the event of an effective revocation, the services received by both parties are to be returned and any benefits (e.g. interest, benefits of use) surrendered.
If you have already redeemed the voucher in whole or in part before the end of the cancellation period, you are obliged to pay compensation.
You can avoid the obligation to compensate for lost value by not redeeming the voucher until you have decided not to exercise your right of withdrawal.
Obligations to reimburse payments must be fulfilled within 30 days.
The period begins for you with the sending of your declaration of cancellation or the voucher, for us with their receipt.
End of revocation
5. Duration of Sale of Vouchers
The duration of the sale of a voucher is limited in time and is determined individually by Groupon for each offer.
After the time has expired, no further purchase is possible.
6. Condition for the realization of the voucher sale / payment
6.1. If the required minimum number of participants for the respective offer is not reached or if the voucher cannot be issued within the sales period for other unforeseen reasons, a purchase contract for the voucher is not concluded.
We will inform you about this by e-mail and immediately refund any payment already made.
6.2. The sales contract for the voucher is only concluded when it is sent by e-mail and Groupon has successfully booked your payment.
If the payment is not successful on the first attempt (e.g. because the specified account does not exist, has no funds, the credit card number is incorrect or the credit card is at the limit), the voucher will not be sold either.
7. Voucher dispatch / granting of rights to the voucher
7.1 After successful purchase, the voucher will be sent by email to the email address you specified during the ordering process.
The voucher will be sent as soon as the payment is registered on our account.
Clause 6.1. stays untouched.
7.2. All vouchers are provided with two unique code numbers, which the partner compares with a list he has when redeeming the voucher.
The voucher is transferrable.
Reproducing, editing or manipulating the vouchers is not permitted.
Groupon reserves the right to pass on the stored data to the respective partner and to take legal action if there is reasonable suspicion of unauthorized duplication.
7.3. Unless otherwise stated, each voucher can only be used once with the partner.
If the voucher value is not used up in full or the service is not fully used, the unused difference is forfeited.
A refund is not possible.
7.4. Unless otherwise stated, the voucher does not entitle you to use services or to purchase goods at a specific point in time.
We therefore recommend that you agree the time of the service provision individually with the partner.
7.5. If a period of validity is noted on the voucher, the voucher can only be redeemed with the partner within this period of validity.
8. Warranty / Liability
8.1. Groupon guarantees that the partner redeems the voucher, i.e. the partner concludes the contract on the terms documented in the voucher, if you present the voucher to the partner before the contract is concluded.
8.2 If the partner does not redeem the voucher without the customer being responsible for this, any resulting claims by the customer against Groupon are limited to reimbursement of the purchase price.
The customer's legal claims in the event of a culpable breach of duty by Groupon remain unaffected.
8.3. Groupon assumes no liability for the products purchased or services used by the customer from the partner.
The respective partner provides the service documented in a voucher to the customer in its own name and for its own account, which is why Groupon is not liable to the customer for breaches of duty by the partner when providing the service.
8.4. If, for unforeseen reasons for which Groupon is not responsible, the voucher cannot be redeemed or cannot be redeemed under the originally intended conditions, Groupon will inform the customer immediately by e-mail and offer them either a new voucher with comparable services (if available) or a refund of the purchase price.
If the customer does not accept Groupon's offer within the reasonable period stated in the offer, Groupon is entitled to withdraw from the contract.
In this case, the purchase price already paid will be refunded to the customer immediately.
The statutory rights of the contracting parties remain unaffected.
8.5. If there are problems redeeming the voucher or providing the service, Groupon will try to find a solution.
In this case, please send us an email to kontakt@groupon.de or contact us by phone.
9. Functionality and Availability of the Website
Groupon reserves the right to change, restrict or discontinue the scope and functionalities of the website at any time - insofar as this is not required for the processing of closed purchase contracts.
Although Groupon endeavors to offer its service without technical disruptions, maintenance work, further development and/or other disruptions in particular can limit and/or temporarily interrupt the possibilities of use.
Under certain circumstances, this can lead to data loss.
Groupon therefore assumes no liability for the availability of the service or the absence of technical faults or loss of data.
10. Resale
The commercial resale of the vouchers or any other form of their use for non-private purposes (e.g. promotional raffle, auction, sweepstakes) is prohibited unless Groupon consents to this, whereby Groupon will not unreasonably withhold its consent.
If you violate this regulation, Groupon reserves the right to assert its rights, in particular its claims for damages.
11. Copyrights
Groupon reserves all copyright and other rights to the service and the published content, information, images, videos and databases (hereinafter referred to as "protected property").
Modification, duplication, publication, transfer to third parties and/or other use of the protected property without the prior written consent of Groupon is therefore expressly prohibited.
12. Changes to the Terms of Use
12.1. Groupon may amend these Terms of Use from time to time to comply with legal requirements or to accommodate changes in functionality.
The current terms of use can be found at https://www.groupon.de/terms_and_conditions/tc_travel112015.
If you do not agree to the changed terms of use, you will unfortunately no longer be able to use our service.
12.2. Insofar as a contractual relationship has already been established between Groupon and the customer, the changed terms of use only apply if the change has been communicated to the customer by Groupon, he has not objected to the validity of the changed terms of use in writing or in text form to Groupon within 6 weeks and he of the notification of the legal consequences of not objecting.
13. Severability Clause
Should a current or future provision of the contract be or become wholly or partially invalid/void or unenforceable for reasons other than §§ 305-310 BGB, this shall not affect the validity of the remaining provisions of this contract, unless the execution of the contract for one party represents an unreasonable hardship.
The same applies if, after the conclusion of the contract, there is a gap that needs to be filled.
The respective statutory provisions shall take the place of the ineffective/void or unenforceable provisions.
14. Choice of Law / Jurisdiction
14.1 German law applies to the exclusion of the UN Sales Convention (CISG).
14.2 The exclusive place of jurisdiction for contracts with merchants is Berlin.
Stand: 27/06/2017
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Reservation Conditions
This document defines the reservation conditions for using the services of Groupon International Travel GmbH.
It is not possible to use the Services (including making a reservation or making a booking) without accepting these Reservation Conditions.
Please note that these Terms do not apply to the purchase of anything other than Accommodation, nor to the purchase of a Voucher, as such purchases are subject to their own Terms of Sale.
1. GENERAL INFORMATION ABOUT THESE TERMS
1. Groupon International Travel GmbH: Groupon International Travel GmbH is a company with its registered office in Switzerland, c/o Wadsack Schaffhausen AG, Oberstadt 3, 8200 Schaffhausen, which is entered in the Swiss company register under number CHE-180.110.104 (on hereinafter referred to as "Groupon Travel", "us", "we" or "our").
Our sales tax identification number is CHE-349.386.564.
2. Nature of contractual relationship with Groupon Travel and Providers: Groupon Travel enables customers to reserve and book accommodation services from third parties (the "Providers") through its Services.
We act as an agent on behalf of the supplier in all reservations and subsequent bookings.
The accommodation service offered on the Groupon International website does not constitute an offer by us to sell such an accommodation service.
Instead, it is an invitation to you to make an offer to our vendors.
This means that the contract for the accommodation services is between you and the provider.
The Provider (or the Provider's client, if applicable) is legally responsible for providing the Accommodation to you.
Consequently, when you make a reservation, a service contract is formed between you and Groupon Travel solely as set out below.
3. What do these reservation conditions mean?
Please read these Reservation Terms carefully as they apply to your use of the Services, to all reservations and bookings made through Groupon Travel and to all Accommodation (or otherwise).
These Reservation Terms apply to the contract (“Contract”) between you (in this document, “you”, “your” and “you”) and Groupon Travel.
Suppliers will have their own terms and conditions that apply to your reservation and any subsequent booking.
All reservations or bookings you make are subject to the relevant supplier's terms and conditions and by making a reservation you agree to be bound by such reservation terms.
In the event of any inconsistency between these Reservation Terms and a Vendor's terms and conditions, the Vendor's terms and conditions shall prevail over these Reservation Terms.
4. Groupon International Website: Groupon International Limited in Ireland (“Groupon International”), an affiliate of ours, operates the web and mobile sites and newsletters on which we offer the accommodation services and reservations.
The Groupon International Terms of Service are available here.
Groupon Travel is one of several sellers operating on the Groupon International website.
When using the Groupon International website, you may notice references to several companies that are part of the Groupon group of companies (“Groupon Group”).
Depending on what you buy on the Groupon International website, you may have multiple contracts with different Groupon group companies that apply to you.
These reservation conditions only apply to your use of our services.
If you would like to learn more about the different legal relationships that you may enter into when you visit the Groupon International website, please see the Groupon International FAQ here.
5. Handling of personal data: If you make a reservation or booking through Groupon Travel, you agree that we collect, process and use information about you in accordance with our data protection declaration.
6. These Reservation Terms: If you use our services (including making reservations or bookings), you accept these Reservation Terms.
When we send you an email confirming your reservation, a contract will be formed between you and us incorporating these Reservation Terms.
7. Your statutory rights: Your statutory rights as a consumer, which cannot be excluded, are not affected by these reservation conditions.
8. Updates to these Reservation Conditions: These Reservation Conditions were last updated on 27/06/2017.
We reserve the right to change these reservation conditions at any time (we will announce this online).
Changes made after you have received the email confirming your reservation will not apply to you in relation to that booking.
9. Definitions: Various defined terms are used in these reservation conditions.
Defined terms are defined throughout the text of these Reservation Conditions and in particular in article 12.
2. YOUR OBLIGATIONS UNDER THESE RESERVATION TERMS
1. Minimum age: Only natural persons who are at least 18 years of age or older may reserve or book accommodation.
By making a reservation or booking, you confirm that you are at least 18 years of age or older.
2. Accurate Information and Details: You understand and agree that Groupon Travel and each Supplier reserve the right to cancel your reservation at any time if you do not provide all relevant information, whether about you or anyone else for whom you are reserving Accommodation , according to the requirements of these reservation conditions.
You ensure that
1. all information that you provide to us in connection with this Agreement is true, complete and accurate;
2. You will inform us immediately if any information you have given us is no longer accurate;
3. You acknowledge and agree that it is your responsibility to inform us of facts about you and the persons for whom you are making a reservation that may affect your (or their) ability to travel, such as committed criminal offenses and expulsions from the countries to which you travel;
4. If the country you or a person you are making a reservation for is planning to travel to requires criminal record disclosure (such as the USA) and if you or a person you are making a reservation for has a criminal record (including traffic violations). ) you inform us of these criminal records at the time of reservation; and
5. You are familiar with the entry requirements of the country or areas you are traveling to (and those of the people you are making reservations for) including with regard to passport requirements and restrictions (e.g. blank pages in passports). or the validity of the passport); you have no criminal record that would prevent you from traveling to the country or territory; and comply with relevant visa, vaccination, administrative and health requirements.
Groupon Travel is not responsible if you are denied entry to the country or territory of the booked accommodation because you have not provided any of the above information.
In this case, you have no right to a refund.
2. Reservation for Others: If you make a reservation for persons other than yourself, you warrant that you are authorized to make the reservation on their behalf and that all persons named in the reservation (and their personal representatives) agree to be bound by this contract.
3. Behaviour: You agree not to behave in a manner that may cause concern, annoyance or danger to any other person while using the Accommodation.
If you (or someone you are making a reservation for) are arrested or prevented from traveling at the discretion of a supplier or are evicted at the discretion of a supplier of accommodation between the time you leave and your return, we will not issue a refund Make Provider's name for those portions of the price of your Accommodation that you were unable to claim as a result of your conduct (or the conduct of the person you are making the reservation for).
You agree that you will reimburse us for any loss, liability, damages and expenses arising out of any claim or proceeding to which we are subjected or threatened against and which arise from your conduct in connection with this Agreement (or that of any person for which you reserve) are justified or related to this.
4. Fraud: If we or a Supplier are notified or become aware of fraud or illegal activity in connection with payments made in respect of a reservation or booking, we reserve the right to cancel your reservation or booking cancel at its own discretion without notice and without any obligation to compensate you.
Such cancellation would be subject to any other rights we may have against you.
3. RESERVATION OF ACCOMMODATION / INFORMATION ON BOOKING PROCESS
1. Making a Reservation: You may make a reservation online through the Groupon International website, subject to availability.
To make a reservation, you must select the accommodation you wish to book, your room type and travel dates, click "Book" and enter your email address and other personal information required to log into your customer account or necessary to create such an account.
Agree to these reservation conditions and click on "Let's go".
The next step is to enter the traveller's name, email address and phone number.
Click "Continue" and enter your payment information and other details.
Before you complete your order, the accommodation you have selected will be displayed in an order summary for your review.
Then click on "Book now" to send your binding reservation request.
After successfully completing these steps, you will receive a travel confirmation (hereinafter also referred to as "reservation confirmation") by e-mail, with which we confirm receipt of your reservation.
2. Acceptance of Your Reservation: We reserve the right, in our sole discretion, to decide whether to accept your reservation.
Your reservation will only be accepted by us if (and if) you are informed that your reservation has been accepted.
If we decline your reservation, we will inform you and no payment will be taken from you.
If we accept your reservation, the acceptance will be on behalf of the supplier and we will send you a reservation confirmation email to confirm your accommodation.
From this point in time - the sending of the reservation confirmation e-mail on our part - your contract with regard to the booked accommodation comes into force.
Payment will be collected by Groupon International (the operator of the Groupon International website) shortly thereafter.
The contract can be concluded in German.
We keep a copy of the contract between us and you, but you can no longer access the contract.
3. Verification of your reservation confirmation: It is important that upon receipt of the reservation confirmation email you verify all the information contained therein.
If your reservation does not match the reservation confirmation, or if you have not received the reservation confirmation within 24 hours of making your reservation, please contact us by email at info@groupon.de.
4. Your contract for the provision of Accommodation: Please note that the Provider is the one who is legally responsible for providing you with the Accommodation (although we remain responsible for the terms set out in these Reservation Terms).
As an intermediary, we are not legally responsible for providing you with accommodation.
These are provided by Provider under a contract between you and Provider.
You agree and understand that when you make a reservation, the actual provision of accommodation (which is not the subject of these reservation conditions) is carried out under the reservation conditions of the supplier.
4. PRICING
1. Who You Pay: All payments made by you for accommodation will be taken by Groupon International.
Upon acceptance of your reservation and confirmation of your payment, we will send you your reservation confirmation email (as described above) representing acceptance of your reservation.
2. Final price: We reserve the right to change the prices of the accommodations before the reservation.
You will be informed of the current price of the accommodation prior to your reservation.
This price may differ from the price originally quoted to you on the Groupon International website.
3. Pricing Errors: In certain cases, an error may occur which results in an incorrect pricing of your reservation.
If we have made a mistake (whether due to human, technical or other error), we reserve the right to offer you the choice of making the reservation at the correct price or a full refund.
4. Reservation Fees: Bookings paid for by credit card may incur additional fees charged by the issuing credit card company.
There are no additional fees for bookings paid for by debit card.
Any applicable charges will be clearly stated to you prior to the completion of your reservation.
5. Taxes: In certain countries, taxes, duties, levies, charges, assessments or other fees (collectively "Taxes") may be imposed by national authorities.
The taxes applicable to your reservation will be disclosed to you in advance of the reservation, including in the Conditions or elsewhere on the Groupon International website.
Please note that you are solely and exclusively liable and responsible for paying any such taxes.
6. Additional Services: You are advised that you may be able to access additional services while using the Accommodation.
These additional services may include meals at the hotel, internet at the hotel, etc. ("Additional Services").
If you have not booked these ancillary services as part of the accommodation offer through our services, you are solely responsible to the provider for payment and the responsibility for the provision of these ancillary services lies with the provider of those ancillary services.
Groupon Travel shall not be liable or responsible for the provision, performance, use, provision or otherwise of any Ancillary Services.
7. Change in price of accommodation after reservation: Subject to Article 5, we will not change the price of your accommodation after we have sent you a reservation confirmation email.
8. Refunds: If you receive a (full or partial) refund from us, you will be credited with the corresponding amount using your original payment method.
9. Currency: The exchange rate of the accommodation price is purely informative.
Groupon Travel does not guarantee it and accepts no responsibility in the event of a change as we have no control over it.
You should personally verify the correctness of the exchange rate.
5. CHANGES AND CANCELLATIONS
1. If you change your reservation details:
1. Please note that Groupon Travel cannot change your arrival date, departure date, length of stay or room type.
Changes to the names of the people in your reservation or booking can only be made by contacting us at info@groupon.de.
Whether or not we agree to any such name change is at our sole discretion.
2. Changes to other details other than a name change may not be possible.
However, you can cancel your booking at any time and make a new reservation subject to availability and in accordance with our cancellation policy as set out in Article 5.2 below.
3. Please note that nothing in this Article 5.1 limits your statutory rights.
2. If you cancel your accommodation:
1. You can cancel your booking at any time before the arrival date by contacting us at info@groupon.de.
As we will incur costs to cancel your booking, you must pay the applicable cancellation charges as specified in the deal description.
We will notify you of any applicable cancellation charges at the time of reservation or when we receive your cancellation request (or both).
In most cases you can cancel your booking up to fifteen (15) days before the arrival date (inclusive) without incurring a cancellation fee (but please check the deal description as this depends on the supplier
2. Please note that in some cases the applicable cancellation fees are equal to the total booking price.
This means that you will not receive any refund after cancellation.
Please also note that if your cancellation is due to events for which you are responsible or which you willingly caused, we shall be entitled to withhold the booking price to the extent necessary to cover the reasonable costs we are charged for of your cancellation.
3. If a supplier changes your accommodation: Sometimes a supplier may need to make a change to your booking.
We or the Supplier will notify you of any such changes as soon as reasonably practicable by issuing an updated reservation confirmation, which will include details of your updated reservation and accommodation.
We accept no responsibility or liability for any such changes as we are not the provider.
4. If we or a supplier cancel your accommodation: We reserve the right to cancel the accommodation you have booked without any obligation to compensate if the cancellation is due to force majeure or if you fail to pay the cost of your accommodation in full or in other cases according to these reservation conditions.
In these cases, however, we will refund you the booking price you have paid.
We reserve the right to cancel your booking if we have reasonable grounds to believe fraud has occurred.
In such cases we will try to contact you via the email address you gave us when making your reservation.
If we are unable to contact you we may cancel your booking without any liability.
6. LIMITATION OF LIABILITY
1. Groupon Travel's liability for damages due to simple negligence, for whatever legal reason, is limited as follows:
1. Groupon Travel is liable in the event of a breach of essential obligations arising from the contractual obligation, limited to the foreseeable damage that is typical for the contract;
2. Groupon Travel is not otherwise liable for simple negligence.
2. The aforementioned limitations of liability do not apply in cases of mandatory legal liability (in particular under the Product Liability Act) or culpably caused injuries to life, limb or health.
In addition, they do not apply if and to the extent that Groupon Travel has assumed a guarantee.
3. Sections 6.1 and 6.2 apply accordingly to Groupon Travel's liability for futile expenses.
4. You are obliged to take appropriate measures to prevent and reduce damage.
7. Complaints
1. If you have a problem with your accommodation, you should immediately report it to your accommodation provider (e.g. resort representative, hotel manager, etc.).
If your complaint is not resolved on site, you should contact us at info@groupon.de and let us know about the problem.
We will make all reasonable efforts to assist you promptly, according to the circumstances and within our ability.
Please provide a phone number and time we can reach you, we'll be happy to call you back.
2. If your complaint has not been resolved after notifying the Supplier and calling us (at the number above), the complaint should be sent in writing within twenty-eight (28) days of your arrival at home to: Groupon International Travel GmbH, Attn . Attn.
Customer Service, c/o Wadsack Schaffhausen AG, Oberstadt 3, 8200 Schaffhausen, Switzerland, stating the reservation reference number and any other relevant information we may reasonably require in relation to your accommodation in order to verify your identity.
This is the specific address we use to process all travel claims.
Please note that our assistance with complaints related to the accommodation is provided as a goodwill gesture as we have no legal obligation to provide the booked accommodation or to remedy any shortcomings in relation thereto.
8. USEFUL INFORMATION
1. Passport Requirements: A valid passport (which must be valid for at least six (6) months after the end of your trip) may be required for reservations and bookings.
You are solely responsible for meeting any specific passport, visa and other entry requirements.
You should confirm this with the relevant embassies and/or consulates before you travel.
We accept no responsibility if you are unable to travel because you do not meet the requirements for your passport, visa or immigration or if you do not have an appropriate vaccination card.
For European Union citizens traveling within the European Union, a valid identity card is sufficient.
2. Health Information: Depending on your booking, mandatory health regulations may apply to your trip.
We strongly advise you to seek advice from medical professionals (your family doctor or a travel clinic) at least eight (8) weeks before you travel.
3. Travel Advice from the Federal Foreign Office: The Federal Foreign Office provides travel advice for most travel destinations in the world.
We encourage you to visit the Federal Foreign Office's website at http://www.auswaertiges-amt.de/ to find out more about travel advice relevant to your booking.
4. Travel Insurance: It is important and strongly recommended that you take out travel insurance that will give you cover for the entire duration of your accommodation (and all aspects relating to your booking).
This ensures that you are financially protected if you have to cancel your holiday under certain circumstances.
The amount of insurance coverage you need depends on your specific accommodation.
5. Check-in and check-out at your accommodation: The check-in at your accommodation depends on the respective provider.
You must inquire about check-in and check-out times with your provider prior to your arrival.
In general, the earliest check-in is 3:00 p.m. (local time) and the last check-out is 11:00 a.m. (local time).
In addition, you should inform your provider if you will be delayed on arrival to ensure that a late check-in does not affect your rights.
It is solely your responsibility to comply with your provider's terms and conditions regarding check-in and check-out.
9. LEGAL INFORMATION
1. Interpretation: In these reservation conditions:
1. Words denoting persons include natural persons, partnerships, limited liability companies, legal persons and unincorporated associations of persons;
2. Article headings (such as "9. LEGAL INFORMATION" at the beginning of this article) are included for convenience only and do not form part of these Reservation Conditions nor affect their interpretation;
3. Article titles (such as "Interpretation:" at the beginning of this Article 9.1) are for the sole purpose of interpreting the clause in which they appear; and
4. It is assumed that the terms "comprise" and "including" mean "comprises (or comprise) without limitation" and "including without limitation", respectively.
2. No Waiver: If we fail to insist that you perform any of your obligations under this Contract, or if we fail to enforce our rights against you, or if we delay in doing so, that does not mean that we have waived our rights against you and that you do not have to fulfill these obligations.
If we waive any right where you breach it, we will only do so in writing.
Any such waiver will only mean that we are merely waiving that particular right at the time.
It does not apply to any subsequent or subsequent breaches by you.
3. Notices: Except as otherwise provided in these Reservation Terms, all notices given to either party must be in writing and must be in person, by email (except where you are giving notice to Groupon Travel as part of a judicial proceeding or to making a claim in accordance with Article 7.2) or by post, postage prepaid, to the address you provided in your reservation or to Groupon Travel's registered office.
4. Survival: The provisions of Articles 1, 2, 3, 6, 8, 9 and 10 of these Reservation Conditions, as well as those provisions which either expressly survive the expiration or termination of the contract between you and us, or which by their nature or reasonably intended to survive termination, will survive the expiration or termination of our contract.
5. Severability: If any provision of these Terms of Reservation is unlawful, void or ineffective, that provision will be deemed severed and, to the extent possible, the validity and enforceability of the remaining provisions of the Contract will not be affected.
6. No Partnership/Agency: Nothing in these Reservation Terms will create any joint venture, partnership or agency relationship between you and us.
Neither party shall have any right or authority to incur any claim or expense or enter into any contract or agreement in the name or on behalf of the other party.
7. No Other Terms of Contract: Except as expressly provided in these Reservation Terms, all warranties, conditions and other provisions, whether express or implied, shall be by statute, common law or otherwise, to the extent legally excluded.
8. Assignment: An assignment is a transfer of your rights under your contract with us (for example a right to obtain compensation, where such a right exists).
You may not assign, transfer or otherwise deal in any of your rights or obligations under this Agreement without our written permission, which permission we shall not unreasonably withhold.
We may assign or otherwise transfer any of our rights and obligations under this Contract to any other person, company or entity (to the extent that the entity is part of the Groupon group of companies or - if it is another entity - where the rights of consumers under such Reservation conditions are not affected.)
9. Entire Agreement: These Reservation Terms constitute the entire agreement between the parties with respect to their subject matter and supersede and exclude all prior agreements, understandings and understandings, whether oral or written, between you and us.
10. Governing Law and Jurisdiction: We will endeavor to resolve any dispute relating to these Terms of Sale.
The exclusive place of jurisdiction for all legal disputes arising from or in connection with this contract is Berlin if you are a merchant.
The present conditions of sale, the sales contracts that include these conditions of sale are subject to German law.
The United Nations Convention on Contracts for the International Sale of Goods does not apply.
The previous sentences also apply to any non-contractual relationship between you and us.
10. THE DEFINITION
1. Accommodation means accommodation for persons in a building or similar structure, including hotels, apartments, time-shares, villas and houses.
2. Force Majeure means an event beyond the reasonable control of Groupon Travel or any Supplier which could not have been avoided even if reasonable care had been taken, including natural disasters, war, insurrection, invasion, acts of foreign enemies, hostilities, Civil war, insurrection, revolution, fire, explosion, public utility failure or civil commotion, lightning, flood, hurricane, earthquake, storm, tornado, act of terrorism or sabotage, restrictive governmental law or regulation, strike, lockout, industrial dispute or other difficulty in the Work environment of any kind (except for Groupon Travel personnel strikes), civil unrest, ionizing radiation or radioactive contamination from nuclear fuel or radioactive, toxic, explosive or other hazardous properties of nuclear assembly or nuclear component, epidemic and all others n natural disasters or severe weather.
3. Groupon International Website means any Platform, including the Website offered or operated by Groupon International Limited, any Affiliated Website, Business Partner Network, email, mobile application, any other type of Electronic Offering or any other platform or distribution channel, owned, controlled or operated by Groupon Germany or Groupon Travel, their affiliates or business partners.
4. Booking means booking Accommodation from a Provider through the Groupon Travel Services.
This definition includes "posted" and "posting".
5. Reservation means making an offer to book Accommodation (and this definition includes "Reserve" and "Reserved").
6. Services means the services that Groupon Travel provides to Customers in accordance with these Reservation Terms, including acting as an agent on behalf of the Provider to make Accommodation available for Reservation.
7. Provider means any provider of an Accommodation offered through the Reservation or Booking Services.