General Terms and Conditions Autostadt eTravelShop
Section 1 AREA OF APPLICATION
The following provisions shall apply for all performance offered by Autostadt GmbH's eTravelShop.
Section 2 CONCLUSION OF CONTRACT
The products displayed in our online shop do not in and of themselves constitute an offering. Buyers themselves submit a contract offering in the form of an order. The legally binding offer, therefore, is the order submitted electronically (by Internet), in writing (by post) or by telephone. Receipt of your contract offering will be confirmed immediately, i.e. normally on the same day, by automated electronic means. Confirmation of receipt does not in and of itself constitute acceptance. Order acceptance shall be issued by email or through the forwarding of voucher cards. Orders will be accepted or rejected within a reasonable and normal period of time required for processing and consideration, during which time availability and creditworthiness may be established.
Section 3 PERFORMANCE
The performance contractually agreed to is defined by the performance descriptions contained on the eTravelShop site and in our travel brochures and by the information contained on the order confirmation which refers to the said descriptions and brochures.
The information contained in the travel brochure and at the eTravelShop site detailing the time of contract conclusion is binding for Autostadt. The earliest possible date for the booking of performance by the eTravelShop is 3 days exclusively prior to the date of the rendering of performance. If a voucher card is purchased, the latest possible date for the booking of performance by the eTravelShop is 7 days exclusively prior to the date of the rendering of performance, since performance needs to be delivered by post. Later bookings can not be accommodated.
Section 4 CHANGES TO PRICE AND PERFORMANCE
Any deviations and changes to individual items of contract performance which may become necessary subsequent to the conclusion of contract and which are not caused by Autostadt in bad faith shall be permissible if they are not substantial deviations and changes and do not have a detrimental effect on the overall character of the performance booked in total.
Autostadt is under obligation to notify you of changes or deviations in performance without delay. Where necessary, Autostadt will offer to alter or cancel your booking free of charge.
Section 5 DELIVERY OF ORDERED PERFORMANCE
a) By post:
Should your shopping basket contain a voucher card, we will send out the available items by post upon acceptance of the offer by Autostadt GmbH.
All postal deliveries are executed by Deutsche Post, COD, to the address specified by you. It is not possible to have deliveries made poste restante or to a post-office box. Voucher cards are forwarded only within Germany.
b) By collection
Should your shopping basket not contain a voucher card, the performance you ordered and which is stated on the current order confirmation will be transferred to the group cash office at Autostadt.
Section 6 DELIVERY RESERVATION:
We shall deliver as long as stocks last.
Section 7 PAYMENT TYPES:
1. Credit card
When transacting payments by credit card (EURO/VISA/MASTER/AMEX), please specify the complete card number and the expiration date. If your card is valid, we will debit the invoice amount from your credit-card account. Should your card account be blocked or payment not be forthcoming, we will deliver your order by COD.
2. COD
When transacting payment by COD, please pay the invoice amount at the time of postal delivery. The invoice amount covers the price of the ordered performance as well as the charge for postal delivery by Deutsche Post (standard Deutsche Post charges) plus the fee charged by Deutsche Post for COD delivery (2.00 euro).
3. Direct debiting
Payment by means of direct debiting requires that customers specify their bank account no. and bank sort code. Autostadt GmbH reserves the right to deliver the order by COD if payment from the specified bank account is not forthcoming. Should the customer's bank refuse to debit his account due to insufficient coverage, an entry will be made in the "blocked" file. The buyer will be invoiced for the costs incurred by rejected direct debiting. Data protection laws require that customers consent to the transmission of their payment data. Customers who select "direct debiting" as the payment type agree by declaration of consent to the transmission of all necessary invoice data. (To view original text of declaration of consent, see separate text field under Select Direct Debiting as Payment Type.) This data is stored at Volkswagen Bank GmbH, Braunschweig.
All data relating to purchases is deleted upon expiration of the legal archiving period.
Section 8 RESERVATION OF OWNERSHIP:
Until such time as payment has been made in full, the merchandise shall remain the property of Autostadt GmbH. Ownership of the merchandise will only be transferred to the buyer, once the buyer's liability vis-à-vis Autostadt GmbH ? as arises out of the delivery ? has been settled in full.
Section 9 CUSTOMER WITHDRAWAL FROM CONTRACT, CHANGES, BOOKING ALTERNATIONS, SUBSTITUTIONS (except in the event of the purchase of voucher cards)
a) Withdrawal from contract:
Should you cancel performance by Autostadt prior to the commencement of performance, receipt by Autostadt of a declaration of withdrawal shall be the authoritative confirmation thereof. We urgently advise that you submit the declaration of withdrawal in writing, since this would serve as proof if required. Non-compliance with the agreed-to payment dates shall not be considered to constitute termination/withdrawal. Should you withdraw from contract or should you not utilise the performance, we shall have the right to claim adequate compensation for expenditures incurred. Our lump-sum claim for compensation (withdrawal fee) shall amount to a. 10% of the price or a minimum of 10 euro per person in the event of withdrawal 30 days or more prior to the commencement of performance, b. 20% of the price or a minimum of 20 euro per person in the event of withdrawal 16 to 29 days prior to the commencement of performance, c. 40% of the price in the event of withdrawal 6 to 15 days prior to the commencement of performance, d. 80% of the price in the event of withdrawal 5 days or less prior to the commencement of performance or in the event of a no-show. Goodwill arrangements shall require the written form and shall replace the terms outlined in a. to d., above.
b) Booking alterations:
Autostadt reserves the right to charge a fee of 10 euro per person from day 30 onward before the commencement of performance if alterations to a booking should involve performance such as accommodation and transportation.
c) Substitutions:
In the time prior to the commencement of performance, you shall have the right to transfer your contractual rights and obligations to another person. Autostadt does, however, reserve the right to charge a fee of 10 euro per person to cover additional processing.
In your own interest, declarations of withdrawal and requests for change shall require the written form and will only become effective on the date of receipt by Autostadt.
Section 10 CANCELLATION OF A VOUCHER-CARD PURCHASE
Provided that this purchasing agreement for the purchase of a voucher card was entered into exclusively by means of remote communication (most notably by letter, telephone, email, fax) and excluding the presence of a representative from Autostadt GmbH and that you are purchasing the merchandise for private purposes only, you shall have the right to cancel the purchasing contract within two weeks subsequent to receipt of the merchandise and shall not be required to furnish reasons for the cancellation. You may declare your cancellation in writing either by post, fax or email or otherwise exercise your cancellation right by returning the merchandise. You only need to post the merchandise you are returning on time. Please send your declaration of cancellation to:
Autostadt GmbH
StadtBrücke
38440 Wolfsburg, Germany
eShop@autostadt.de
Fax: +49 / (0)5361/40-6209
In the event of timely cancellation, you shall be entitled to reimbursement of the purchasing price and Autostadt GmbH shall be entitled to have the voucher card returned.
Return postage shall be at the cost and the risk of Autostadt GmbH.
Reimbursement of the purchasing price shall transpire by way of a money transfer to your bank account, which we ask you to specify on the return form.
Section 11 REVOCATION OF CONTRACT
Should performance be inhibited on the grounds of a force majeure not foreseeable at the time of conclusion of contract, Autostadt may terminate the contract. Should termination transpire subsequent to the commencement of performance, Autostadt may demand appropriate compensation for the performance rendered to that time or for the performance to be rendered in order to complete overall performance in full.
Section 12 WARRANTY
a) Redress:
Should performance not be rendered in accordance with contract, you shall have the right of redress. Autostadt may refuse redress if the expenditure involved should be disproportionately high. Autostadt may also provide remedy in the form of the provision of substitute performance of equivalent worth.
b) Reduction in price:
Upon return, you may demand a reduction in price to an amount commensurate with the deficit in performance if performance was not rendered in accordance with contract despite your having submitted notice of a defect or if the substitute performance you accepted was not in accordance with contract.
Section 13 DUTY TO CO-OPERATE
In the event that performance problems should arise, you are under obligation within the framework of legal regulation to help prevent or contain any possible damage. You are, most notably, under obligation to notify the performance provider of your complaints immediately and to set a deadline for the remedying of the deficit. Should you fail to fulfil these obligations, you shall have no entitlement to price reduction or compensation for damages. Claims concerning non-performance or performance not rendered in accordance with contract must be submitted to Autostadt in written form within one month after the contractually defined date of completion of performance. Claims submitted subsequent to expiration of this deadline shall not be accepted.
Section 14 DATA PROTECTION
Data required for the processing of business transactions is kept on file. All personal data is treated with confidentiality. Please notify us should you wish your address to be removed from our files.
Section 15 SEPARABILITY CLAUSE
Should any of the above provisions be or become invalid, such invalidity will not affect the remaining provisions. The invalid provision shall be replace by the respectively valid legal regulation.
Section 16 MISCELLANEOUS
1. A contract can only be concluded between Autostadt GmbH and a natural person (i.e. an individual in a private capacity).
2. German law shall apply. The UN Sales Convention shall not apply.
3. The place of performance and jurisdiction shall be the place of business of Autostadt GmbH.
4. The authorised representatives of Autostadt GmbH are:
Otto F. Wachs and Mario Schubert.
Legal form of vendor company:
Autostadt GmbH is a limited-liability company resident in Wolfsburg.
Supervisory board:
Hans Dieter Pötsch (chairman), Bernd Osterloh, Christian Klingler
Managing directors:
Otto F.Wachs (spokesman), Mario Schubert
Address:
Autostadt GmbH, StadtBrücke, 38440 Wolfsburg, Germany
Phone: +49 0800-AUTOSTADT (0800-288678238)
Fax: +49 0800-FAXAUTOSTADT (0800-329288678238)
Email: service@autostadt.de
Internet: www.autostadt.de
Autostadt GmbH is listed with the Commercial Register of the District Court of Braunschweig, entry no. HRB 100419.
Autostadt GmbH's sales tax ID is DE 231920000019.
(as at: February 2010)