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Gift Card Terms & Conditions

1. Applicability, Contract Language

The following general terms and conditions (GTC) apply to the purchase and redemption of Design Hotels Gift Card (DSGC) via designhotels.com. Contracts concerning the purchase of a DSGC are concluded between you (hereinafter referred to as "buyer") and us (hereinafter referred to as "selling hotel"):

Hotel Escondido Oaxaca
Avenida José María Morelos #401, Colonia Cuartel Quinto, esquina Crespo, Centro Histórico CP 68000, Oaxaca, Oaxaca
[email protected]
52 951 689 0330
HOTEL HABITA S.A. DE C.V.
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The buyer may designate at the time of purchase either himself or a third person to be entitled to redeem the DSGC (hereinafter referred to as "designated recipient").

By purchasing a DSGC, the buyer will be deemed to have read and accepted these GTC.

The exclusive language available for the conclusion of contracts concerning the purchase and redemption of DSGC shall be English.

 

2. Applicable Law, Mandatory Consumer Protection Regulation

The law of the Federal Republic of Germany shall apply excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG), if
(a) the buyer's abode is in Germany, or
(b) the buyer's abode is situated in a state not being a member state of the European Union.
In the event that the buyer's abode is in a member state of the European Union other than Germany, German law applies provided this stipulation is not in conflict with mandatory consumer protection regulations of the state in which the buyer's abode is situated. Such rules shall remain unaffected.

 

3. DSGC Purchase via designhotels.com

The contract regarding the purchase of the DSGC (hereinafter referred to as "purchase agreement") is concluded directly between the selling hotel and the buyer.

The purchase of DSGCs from the selling hotel is facilitated by the Design Hotels AG (hereinafter referred to as "DH") via designhotels.com. DH is not a party to either a contract concerning the purchase or a contract concerning the redemption of a DSGC, but holds the position to connect buyers directly with the selling hotel.

With regard to designhotels.com's Privacy and Data policy please refer to the Design Hotels Privacy and Data policy. Legal terms and conditions shall apply, please visit: https://www.designhotels.com/privacy-policy/

After a DSGC has been purchased, the buyer shall contact the selling hotel directly for redemption and with any possible questions or troubleshooting concerns.

The buyer is at least 18 years of age and is able to assume responsibility for his/her actions.

DSGC purchases are limited to two a day, per person. If multiple purchases are detected, the selling hotel reserves the right to decline the purchase retrospectively.

 

4. Conclusion of the purchase agreement

The presentation of Gift Card by the selling hotel on designhotels.com does not constitute a legally binding offer, but merely an invitation to place orders (invitatio ad offerendum).

By clicking "Complete purchase" in the last step of the order process, the buyer submits a binding offer for purchase of the selected Gift Card in the order overview. Immediately after submitting the order, the buyer will receive an order confirmation, which however does not constitute the acceptance of buyer's offer by the selling hotel. The purchase agreement comes into existence between the buyer and the selling hotel as soon as the selling hotel accepts the buyer's order by means of a separate email or dispatch of the Gift Card via email.

The buyer is advised to regularly check the spam folder of his mailbox.

 

5. Technical steps up to the conclusion of the purchase agreement and correction of input errors

To place an order, the buyer places the desired Gift Card in the shopping cart. There, the buyer may modify the quantity or delete any Gift Card completely. This is also the place where he may enter his data [and may choose a payment method]. To cancel the order process, the buyer may simply close the browser window. By clicking on the confirmation button “Complete Purchase”, the buyer's declaration becomes binding in the meaning of section 4 (2) of these GTC.

 

6. Storage of the text of the purchase agreement

The buyer will receive the contractual provisions together with information on the DSGC including these GTC and the information on the right of withdrawal by email upon acceptance of the contract offer or together with the notification thereof.

 

7. Payment Terms

The purchase price is due immediately after conclusion of the purchase agreement. The payment for the DSGC can be made by using a credit card through the Stripe Inc. Payment Gateway via designhotels.com.

DH will receive payments made with regard to the purchase of a DSGC on behalf of the selling hotel.

 

8. DSGC Redemption

DH acts solely as the facilitator for the purchase of DSGC via designhotels.com. Upon redemption of a DSGC, the legal contract for provision of the benefits and any other services is concluded between the buyer and the selling hotel. The selling hotel thereafter assumes full responsibility and liability for the provision of such benefits and any other services, and it is a condition of the sale of a DSGC that Design Hotels has no liability whatsoever for the provision of such benefits or any other services or any related issues or consequences.

DSGCs can only be redeemed by contacting the selling hotels reservation teams directly via email or phone.. The designated recipient must present the DSGC at the time of making the reservation for or booking of the services provided by the selling hotel. Redemption by booking or reservation via designhotels.com or any third-party platform is not possible.

DSGCs can only be used for the provision of accommodation (room nights), together with food, beverages, and other hotel services at the selling hotel (subject to the selling hotel's terms; for more information the buyer may contact the selling hotel directly).

A designated recipient can only book maximum 2 rooms per DSGC, per day. If group bookings are detected, the hotel reserves the right to decline redemption during this time.

DSGCs cannot be redeemed at Design Hotels member rates, non-refundable rates or corporate rates. Travel agents and related third parties using DSGCs are unable to claim commission.

Selling hotel reserves the right to exclude any public promotions/deals when DSGCs are being redeemed.

The validity of the DSGC, i.e. the period in which the DSGC is valid, is subject to the selling hotel’s local legislation. Nevertheless the selling hotel offers a minimum validity of three years per DSGC, starting with the completion of the purchase process.

DSGCs are nonrefundable, not resalable, and non-exchangeable (they may not be exchanged wholly or partly for cash nor will any change be given). Only the designated recipient on the gift card issued by selling hotel is able to redeem it.

The DSGC is not a credit, debit, or charge card. No implied warranties attach to it.

When redeeming a DSGC, only a certain value can be used at a single time in a single transaction/booking. This is dependent on the Hotels currency set:

if the hotel selected currency is EUR then the maximum redeem value is 2000 EUR.
if the hotel selected currency is USD then the maximum redeem value is 2000 USD.
if the hotel selected currency is GDP then the maximum redeem value is 2000 GPD.
if the hotel selected currency is CHF then the maximum redeem value is 2000 CHF.
if the hotel selected currency is AUD then the maximum redeem value is 3500 AUD.
if the hotel selected currency is CAD then the maximum redeem value is 2000 CAD.

In the event that the value of the DSGC does not cover the full cost of the accommodation, food, beverages, or other services provided by the selling hotel, then the balance must be paid by the designated recipient to the selling hotel in a valid method of payment.

If the hotel selected currency (i.e. the DSGC's denominated currency) deviates from the currency applicable to the invoice issued by the selling hotel upon redemption, the exchange rate between those two currencies at the date of the issuance of that invoice shall apply.

 

9. Reasons for Change or Termination of DSGC

Each Gift Card comes with an expiry date. Once the expiry date is passed, the value of the Gift Card is claimed by the appropriate DSGC member hotel.

DSGCs may be cancelled after issue if any information supplied at the time of purchase is untrue or inaccurate, or if payment is declined or incorrect cardholder details and/or billing information have been supplied.

The selling hotel reserves the right to void any DSGCs that appears to have been defaced, mutilated, altered, or tampered with in any way.

The selling hotel reserves the right to correct the balance of a DSGC if it believes that a clerical or accounting error has occurred.

 

10. Limitation of selling hotel's liability towards buyer and designated recipient

The selling hotel shall only be liable for damages sustained by the buyer in the case of:

a) willful misconduct or gross negligence by the selling hotel, its vicarious agents, or other persons employed by the selling hotel to perform the agreement,

b) violation of an obligation of the selling hotel, which is essential for the performance of the agreement,

c) loss of life, bodily harm or violation of health, which is caused by a negligent breach of duty by the selling hotel, its agents or other persons employed by the selling hotel to perform this   agreement,

d) claims for damages arising from the German Product Liability Act (Produkthaftungsgesetz), or

e) an expressly stated guarantee accepted by the selling hotel.

 

If the damages were caused willfully or gross negligently by the selling hotel, its vicarious agents, or other persons employed by the selling hotel to perform this agreement, the selling hotel may be held liable for such damages in the full amount. Otherwise, the claim for damages shall be limited to any foreseeable damages.

The selling hotel shall not be liable for any claims for damages other than those described in section 10 (1) 1 a) to e), irrespective of the legal grounds for such claims.

 

11. Right of Withdrawal

As a consumer, the buyer has in accordance with the rules described below a right of withdrawal regarding the contract concluded to purchase a DSGC. A consumer means every natural person who enters into a legal transaction for purposes that predominantly are outside his trade, business or profession.

 

Information on the Right of Withdrawal

The buyer may withdraw from the contract regarding the purchase of a DSGC within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day on which the buyer acquires, or a third party other than a carrier and indicated by the buyer (e.g. the designated recipient) acquires physical possession of the DSGC (i.e. receiving the DSGC from the selling hotel by email).

For the buyer to exercise its right of withdrawal, he must inform the selling hotel of his decision to withdraw from the contract by an unequivocal statement (e.g. letter sent by post, fax or email).

To meet the withdrawal deadline, it is sufficient for the buyer to send his communication concerning his exercise of the right of withdrawal before the withdrawal period has expired.

 

Effects of Withdrawal

If the buyer withdraws from the contract regarding the purchase of a DSGC, the selling hotel shall reimburse to the buyer all payments received from the buyer, including the costs of delivery (with the exception of the supplementary costs resulting from the buyer's choice of a type of delivery other than the least expensive type of delivery offered by the selling hotel) without undue delay and in any event not later than 14 days from the day on which the selling hotel has been informed about the buyer's decision to withdraw from the contract. The selling hotel will carry out such reimbursement using the same means of payment as the buyer used for the initial transaction, unless the buyer has expressly agreed otherwise; in any event the buyer will not incur any fees as a result of such reimbursement.

 

Model withdrawal form according to Annex 1 B to Directive 2011/83/EU

(The buyer may complete and return this form only if he wishes to withdraw from the contract)

To [selling hotel's name, postal address, and, where applicable, its fax number and email]

I hereby give notice that I withdraw from my contract of sale of a Design Hotels Gift Card ordered on

[date to be specified by the buyer];

[name of the buyer to be specified by the buyer]

[address of the buyer to be specified by the buyer]

[signature of the buyer to be specified by the buyer if this form is notified on paper]