Via its “citis2go” brand, Travelcoup AG, Goldbacher Strasse 1, DE-63739 Aschaffenburg, Germany (hereinafter referred to as “citis2go”) fully owns and operates at www.citis2go.com and as mobile apps for iOS and Android an Internet-based travel booking platform (hereinafter: “Platform”), which offers to interested visitors and users (hereinafter: “Customer(s)”) certain transportation, tours, activities, leisure, shopping, entertainment experiences and other travel-related ground services (hereinafter: “Product(s)”) for purchase. Such offering is made by citis2go in its own name and on its own account. However, citis2go does not provide or deliver any of the Product itself, but offers these either individually or bundled in a prepaid package (hereinafter: “Citypass(es)”). The actual individual Product is provided or delivered by a third party, (hereinafter: “Supplier”). Customers can directly be the beneficiary of booked Products or Citypasses or can designate others as beneficiary (all referred to hereinafter as: “Participant(s)”).
citis2go markets and distributes Citypasses through various owned, affiliated, related and third party online and offline marketing and travel distribution channels (hereinafter: “Distribution Channel(s)”) with the objective to make such Products available for booking.
These GTC control the relationship with rights and obligations between Suppliers, Customers, Participants and citis2go regarding offering, purchase of Supplier Products provided or delivered by Suppliers while using the citis2go Platform including associated distribution channels and websites as intermediary. The GTC valid at the point of booking of a Product or Citypass become the integral part of the contract between citis2go and Customer as well as Participant and Supplier.
The following key terms are considered agreed between Customer, Supplier, and citis2go unless explicitly specified and agreed otherwise in writing in contractual documents, vouchers, emails, confirmations, etc.
Contract Conclusion Customer and citis2go
The Customer selects one or more products or Citypasses and starts the checkout process. As part of this booking process, the customer then enters the first day of validity (“Start date”) for the Product or Citypass, the personal information of the Participant(s), and after clicking on “go to payment” selects the payment method, enters the billing information and clicks on the “pay” button. By clicking the “pay” button, the customer makes an offer to enter into a contract with citis2go.
By assigning a booking confirmation number and sending the booking confirmation, either physically or electronically, citis2go accepts the offer and thus, a contract on a Product or Citypass between citis2go and a Customer is concluded (hereinafter referred to as “Contract”).
Withdrawal from Contract
In case that the applicable law for the Contract grants a one-sided right of withdrawal from the Contract in favor of the Customer including but not limited to withdrawal rights for purchases made using e-commerce and remote sales channels, the Customer waives that right to the extent permitted by law.
citis2go has the right to withdraw from a Contract if the customer is in breach of the GTC or terms established by an affected Supplier. This unilateral right of withdrawal from the contract applies only to such breaches of terms the customer has been made aware of during the booking process.
Such withdrawal from Contract can also be made implicitly, by crediting the amounts paid back to the customer’s account. Upon withdrawal from Contract, Products and Citypasses will be electronically marked invalid so that it will no longer be possible to receive the Product or Citypass from any affected Supplier.
Correctness of Information, Complaints
The information provided by Customers on the citis2go Platform must be truthful. Suppliers reserves the right to refuse delivery or provision of a booked Product or Citypass when incorrect information has been provided. In this case, there is no refund of the price paid by the Customer for the booked Product or Citypass.
No guarantee is given that the information contained on the Platform is correct and up-to-date.
Participants reserve the right to flag a Product or Citypass that was not provided or delivered by the Supplier according to information provided on the Platform or according to the received booking confirmation by filing a complaint within fourteen (14) calendar days after the booked Product or Citypass was provided or delivered, copying citis2go. Suppliers will answer to such complaints within fourteen (14) calendar days, copying citis2go, and provide reasonable partial or full compensation or refund to the Customer if justified.
Eligibility Conditions, Refusal of Participation
Participants of a booked Product or Citypass are responsible for compliance with any conditions of participation set out by applicable law or by the Suppliers (“Eligibility Conditions”). Suppliers reserve the right to refuse and exclude Participants that do not meet the Eligibility Conditions from the provision or delivery of the booked Product or Citypass. Furthermore, Suppliers have the right to refuse and exclude Participants from a booked Product or Citypass if such participation puts the Participant or other 3rd party participants at risk or does otherwise interfere with the proper provision or delivery of the Product or Citypass. In the aforementioned cases, where a Supplier refuses to accept Participants, there is no refund of the price paid by the Customer for the booked Product or Citypass.
Booking limits for participants per booking (no Group Bookings using the citis2go platform)
The citis2go platform is designed to accommodate most individual customers' needs regarding the number of participants in each age category that will typically be booked. However, not all suppliers/ tour operators will accommodate large numbers of participants or participant groups with an unusual age mix without prior notice which is why group bookings of citis2go city pass products using the citis2go platform are not allowed.
Therefore, citis2go reserves the right to cancel any booking made using the citis2go platform that may reasonably constitute a group booking, e.g. 5 or more adults are participating in a booked citis2go city pass product or an unusual age category mix for such booking is present, e.g. 1 adult and 4 or more children are participating in a booked citis2go city pass product. Such cancellation will be communicated to the customer using email and the customer has no right to any claim for compensation for any damage or inconvenience that such a cancellation may cause.
If a customer wishes to book citis2go city pass products for a large number of passengers, or if such customer is traveling with an unusual ratio of adults to children, citis2go customer service can assist by contacting suppliers for a special group quote per tour separate to the city pass product. This will always be subject to availability and requested/booked separately per tour where applicable.
In such cases please contact the citis2go customer service team via email at contact⌭citis2go.com.
Time Zones, Timeliness of Arrival and Delivery, Quality
All dates and times related to a Product or Citypass are in the time zone where the Product or Citypass takes place respectively, are provided or delivered. Participants are responsible for timely arrival at the agreed starting or meeting point if such agreement has been made. If arriving to the booked Product or Citypass from abroad, Participants are personally responsible for the necessary documents (e.g. passport, visa, etc.), compliance with local health regulations, etc. Suppliers are responsible for delivering or providing the booked Product or Citypass at the agreed time, place, and quality, if such agreement has been made.
Suppliers will make reasonable efforts to accommodate late arriving Participants. However, Suppliers may refuse to provide or deliver a booked Product or Citypass if the Participants fail to be present at the agreed time at the agreed starting point (place) and no compensation will be paid in such cases.
Voucher ID, Contract Conclusion Participant and Supplier
If the Voucher ID has not yet been redeemed and if the validity period is correct, the Voucher ID entitles the Participant to conclude a bilateral contract with the relevant Supplier(s) without any further payment for the Product or Citypass in question. The relevant Supplier will enter into this bilateral contract with the relevant Participant and deliver or provide the booked Product or Citypass to the Participant unless conditions are met as laid out in sections three (3), four (4) and five (5) of the GTC.
Repeat Product Use, Validity, Products or Citypass not fully used
After a Voucher ID has been scanned, or otherwise verified, the relevant Product will no longer entitle the Participant to re-use the Product. Unless otherwise specified, a Voucher ID entitles the Participant to use the booked Product or Citypass one time only.
Some Products or Citypasses with their respective Voucher IDs specify a validity period. The Voucher ID is then only valid on one specified day or within the specified period and the relevant Supplier will provide or deliver the Product or Citypass only according to this schedule.
If any Product or Citypass is not fully expended or the Product or Citypass is not fully used during its time of validity, the unused difference will be forfeited and no compensation will be paid.
Transferability, Unauthorized Modification
Voucher IDs are not transferrable. It is not permitted to duplicate, edit or tamper with the Voucher ID or any related document. If citis2go has grounds to suspect that there has been any unauthorized duplication or modification, it has the right to pass on any stored information to affected Suppliers and commence legal action including but not limited to claim for compensation.
citis2go Warranty & Liability
citis2go warrants that the citis2go Voucher ID entitles the Participant to receive the respective Supplier Product(s) or Citypass(es) provided payment has been successfully made and no condition that may lead to refusal of Product provision or delivery by the Supplier as laid out in sections three (3), four (4) and five (5) of the GTC are met.
If, nevertheless, problems do arise when redeeming citis2go Vouchers or Voucher IDs, citis2go will try to find an immediate solution. In such extraordinary situations, the Participants should contact citis2go by email contact⌭citis2go.com or by phone: +49 (0) 6021 13 04 35 50.
If a Supplier refuses to deliver or provide the Participant with the Product(s) or Citypass(es) booked through citis2go, and this is not due to any fault on the Participants’ side, any claims of the Participant(s) against citis2go arising therefrom shall be limited to a reasonable, proportionate refund of the purchase price. Any statutory rights arising from a culpable breach of duty by citis2go are not affected.
citis2go provides no warranties for the Product(s) or Citypass(es) sourced from Supplier(s). All Products and Citypasses are delivered or provided by the Supplier in the Supplier’s own name and on its own account and therefore, citis2go is not liable for any breach of Supplier’s duties.
Suppliers of a Product or Citypass are liable according to applicable law. The liability is waived by the Customer or Participant(s) to the extent permitted by applicable law.
Unexpected Product Cancellations
If, for circumstances beyond the control of citis2go, one or more of the Products booked cannot be delivered or provided or cannot be delivered or provided on the specific date and /or placed booked, citis2go will notify the Customer without delay provided that citis2go is aware of them. In such cases, Customers and Participants have the option to use another Product out of the booked Citypass option set instead.
Only if the Participant should not be able to make use of such alternative Product due to time or distance constraints or, if the Participant has already used all the other Products of a Citypass the Participant is entitled to, and citis2go will, at its own discretion, offer the Participant either a comparable free compensatory Product with Voucher ID or, a assign a new start date for originally booked Product within the validity period of the originally booked Product, or pay a reasonable partial refund of the purchase price of the originally booked Product to the Customer.
If the Participant does not accept the offered alternative, all rights of Customer and Participant for compensation for the booked Product that could not be delivered or provided shall be forfeit and no compensation will be paid.
Customer / Participant Cancellations (‘Cancellation Policy’)
Any Customer or Participant-initiated cancellation of the booked Product or Citypass shall be carried out solely by sending an e-mail to contact#(ett)#citis2go.com with subject “Cancellation” and stating the booking confirmation number and Voucher ID of the product(s) that are requested to be cancelled. Only cancellation requests with all required details provided can be honored.
The following default terms will apply for cancellations of Customers or Participants:
- Up to 3 working days before begin of the booked Product or Citypass: full refund
- 2 - 0 working days before begin of the booked Product or Citypass: no refund;
- No show: no refund;
with (i) dates and times, respective time periods related to cancellations of a booked Product or Citypass in the time zone where the booked Product or Citypass is provided, and with (ii) working day definition, e.g. Mon-Fri determined by the location where the booked Product or Citypass is provided or delivered.
If the Customer or Participant has been sent physical vouchers, tickets, or other admission permits, such physical documents must be all returned at the Customer’s or Participant’s own cost and risk to citis2go c/o Travelcoup AG, Goldbacher Str. 1, DE-63739 Aschaffenburg, Germany latest 15 calendar days after the first day of the Product begin resp. begin of its validity. All returned documents must be unused and undamaged, with any seal unbroken, and with no comments or inscriptions of the Customer or Participant added.
The refund less a flat cancellation fee of 10 EUR or equivalent will be credited back to the Customer within four (4) weeks after the receipt of the cancellation notification or, in case of physical documents to be returned to citis2go within four (4) weeks after the receipt of the cancellation notification and the receipt of the physical documents.
Payment, Lack of Payment
By default, Customers select a means of payment and will be charged upon booking a Product or Citypass during the check-out process before the booked Product or Citypass is provided or delivered (“Pre-payment”). If a Customer does not pay for the booked Product or Citypass, a bank or other financial intermediary is rejecting the payment for the booked Product or Citypass or the Customer revokes a payment for the booked Product or Citypass, the right to participate in / benefit from the booked Product or Citypass is forfeited. Furthermore, this lack of payment will be regarded as a cancellation request notification and the Cancellation Policy for Customer or Participant cancellations with applicable charges to the Customer or Participant applies.
Unless explicitly specified otherwise, insurance for Customers and Participants of a booked Product or Citypass is not included. Customers and Participants of booked Product or Citypass are personally responsible for sufficient insurance coverage when using the booked Product or Citypass.
The commercial resale of citis2go offered Products or Citypasses for purposes that are not exclusively private (e.g. raffle, auction, competition) is not permitted unless citis2go provides written consent. In the event of a breach of this provision, citis2go reserves the right to claim compensation for damages e.g. due to lost sales, fewer customers acquired, etc.
citis2go reserves the right to change, limit or discontinue the scope and functionalities of its Platform at any time with or without prior notice. Although citis2go aspires to provide its Platform functionalities free from technical disruptions, maintenance work, further developments and disruptions beyond the control of citis2go can limit or temporarily interrupt Platform availability and usability. In rare cases, this can cause data losses. Therefore, citis2go does not guarantee the availability of the Platform functionalities nor does it guarantee that there will be no technical disruptions or data losses.
Changes to the General Terms and Conditions (GTC)
These GTC can be updated or otherwise changed from time to time on at least thirty (30) days’ notice (“Notice Period”), which notice will be provided to Customers and Suppliers by any reasonable means, including but not limited to email and publication on the citis2go Platform. After the Notice Period, the new version of GTC (“Current GTC”) becomes effective. The Current GTC that are valid at the time of the booking / conclusion of a Contract shall always apply. Customers, Participants and Suppliers have no right to claim that a current or future Product or Citypass booking / Contract conclusion was completed under previous, i.e. GTC that were in force prior to the Current GTC.
If any provision of the citis2go GTC is held by a court of competent jurisdiction to be invalid, void or otherwise unenforceable, the remainder of the citis2go GTC will remain in full force and effect. The invalid provision shall then be replaced by a provision that comes closest to the intended objective.
The legal relationship between citis2go, Customers, Participants, and Suppliers shall be in each case governed by the applicable law. If legally permissible, the law of the Federal Republic of Germany shall apply excluding the UN Convention on the International Sale of Goods (CISG) and excluding German international private law. If legally permissible, it is agreed that Aschaffenburg shall be the exclusive place of jurisdiction.