Terms and conditions

SchwarzwaldCard - General Terms and Conditions of Use

1. Preamble

Schwarzwald Tourismus GmbH (hereinafter "STG") offers the SchwarzwaldCard (hereinafter "SWC"). With the SWC, you discover the full range of diverse experiences in the Black Forest. The SWC is available at an affordable price and provides holders with free access to selected attractions among our service partners throughout the Black Forest. This special program includes culinary specials, guided tours, sports activities, wellness specials, and much more.
STG exclusively has the role of intermediary for third-party services. It facilitates the opportunity to use the services that become accessible with the SWC. When a service is used, a contract is established exclusively between the customer and the respective third-party service provider and/or service partner (hereinafter "SP”). Thus, the following GTCs apply exclusively to STG's mediation and therefore have no influence on the terms and conditions put forward by the respective third-party service provider. To that end please refer to the terms and conditions of the respective third-party service provider as applies.

2. Prices | Payment terms | Contract conclusion

The prices we indicate are final prices, including value added tax. The contract language is German.

Purchasing in shops
You can purchase the SWC directly from us or from participating partner businesses. You'll find a list of sales point at www.schwarzwald-tourismus.info. You'll need to ask the respective provider about payment terms. You'll receive a plastic card with SchwardwaldCard printed on it, as well as a machine-readable QR Code.

Purchase via our online shop
You also have the option to purchase a print version of the SchwarzwaldCard via our online shop. The SchwarzwaldCard (3 days) is provided via E Mail as a digital ticket. You will receive the ticket by email as a PDF document. The ticket has a machine-readable QR code and information about the booker's name. This ticket is only valid in combination with the ID named during the booking process. Printed or mobile ticket are accepted. You can save your digital SchwarzwaldCard as a PDF-file on your smartphone and show it to SchwarzwaldCard partners. Alternatively, you can print out the ticket on paper. The ticket can be used for entry. Following the booking process, you'll receive an e-mail with the digital SchwarzwaldCard Ticket as a PDF attachment. You can save your digital SchwarzwaldCard as a PDF-file on your smartphone and show it to SchwarzwaldCard partners. Alternatively, you can print out the ticket on paper. The booking confirmation will be forwarded to you via e-mail along with the GTCs and the online ticket.

SchwarzwaldCard 365
The SchwarzwaldCard 365 is available for purchase exclusively in the online shop.
Shipping is by post and is only possible within the EU and Switzerland. The ticket has a machine-readable QR code and information about the booker's name. This ticket is only valid in combination with the ID named during the booking process. Following the booking process, you'll receive an e-mail with the booking confirmation along with the GTCs and the invoice. Shipping is by post and is only possible within the EU and Switzerland.

The booking process in our online shop encompasses several steps. The first step is to select the SWC option you'd like to purchase by clicking on it, at which point it will be added to the shopping basket. You can continue the booking process immediately by clicking on "check out" button or continue placing items in the shopping basket by clicking on further options. The booking process requires name, address, e-mail address, and payment type. If a personal ID, a foreign ID, or a credit card is being used for identification, then the date of birth and the credit card's expiration date need to be indicated. If a booking names a third party, then that third party's name and address need to be named in the booking process. The third party will also have to be identified. In such case, the person placing the booking is closing the contract as a representative of the third party and holds liability as co-debtor for the fee owed by the third party. In the following step, the person placing the booking must select payment type. After selecting and entering the requisite data, the full order is displayed.
The order can be reviewed and changes or corrections can be made as needed. By clicking on the button "make binding booking," you are submitting a binding offer to purchase the service/s. Throughout the entire booking process, you'll have the option to correct information entered by clicking on your browser's "back" button and making the corresponding modifications. You can cancel the entire booking process at any time by closing your browser window. When purchasing the SWC remotely, you have the payment options of PayPal, credit card, and Sofort immediate bank transfer.

3. Service description | Content | Disruptions | Exclusion | Exceptions

We provide a selection from among the wide range of services offered by recreation providers in the Black Forest, and present these options on our website. Our service consists of intermediation for these offers.
All service providers have entered the obligation of providing SWC cardholders with the services indicated as their SWC services in the respective season during standard business hours and subject to their general terms and conditions.
The SWC card provides you with one-time free entry to the attractions and facilities indicated during your card's validity period subject to the specific respective terms and conditions of use. Please refer to the separate terms and conditions of use for the attractions and facilities. Deviations may especially occur with regard to business hours as well as circumstances such as weather and season. Young children under the age of four can come along to attractions free of charge. Changes or disruptions in the scope of service will be immediately be published on the Internet after we gain knowledge of them.
SWC cardholders are obliged to inform themselves of any potential changes in advance via the Internet. We disclaim all liability for service disruptions among contact partners.
Examples here include travel costs, loss holiday enjoyment, etc.

4. Terms and Conditions of Use Validity | Transferability

SchwarzwaldCard
The SWC is valid within one year starting with the date of purchase. The service partners are named in the informational materials. We provide these informational materials in German and English. However, these informational materials are limited to the recreational services being offered.
The SWC loses its validity once the season ends. The acceptance period for service providers begins on January 1st and ends on December 31st of the calendar year. The
SWC is valid on three days that can be chosen freely within the respective validity time. Regardless of the time of day, a usage day begins at the point in time of entry into the first partner attraction and ends on the final usage day at midnight. For unused days, there is no right to reimbursement or compensation. Unused days will not be transferred to the following season. Numerous select attractions marked as "bonus partners" in the informational material can be visited one time outside of these three validity days as well.
All attractions can be visited once during the three days of validity.
The SWC that includes Europa Park provides one-time free admission to Europa Park on one of the three validity days. That means Europa Park cannot be visited on multiple days, nor twice on one day.

SchwarzwaldCard 365
The SchwarzwaldCard 365 is valid on 365 days within one year, starting with the date of purchase and offers one-time free admission to selected attractions in the Black Forest.
All attractions can be visited once. With the SchwarzwaldCard 365 you can use your onetime admission to Europa-Park at any time of the year during Europa-Park’s opening hours.

Transferability / Credentials
The SWC in form of a plastic card can be transferred to another person from one usage day to the another. The card cannot be transfered to another person within one usage day. The digital SchwarzwaldCard ticket is not transferable. When using a digital SchwarzwaldCard, the ID named during the booking process will need to be presented as credentials. The name on the ID must be the same as the user entered on the ticket. The SchwarzwaldCard 365 is personalised and therefore cannot be transferred.

5. Right to cancellation upon purchase of a digital SchwarzwaldCard ticket | Notice regarding cancellation

Cancellation right
You have the right to cancel this contract within 14 days without indicating the grounds.
The right to cancellation applies for 14 days starting from the day of contract conclusion.
To exercise this right, you'll need to inform of your decision to cancel this contract by sending an unambiguous declaration to

Schwarzwald Tourismus GmbH
Wiesentalstraße 5
79115 Freiburg
E-Mail: info@schwarzwald-tourismus.info
Telephone: +49 (0) 7618964675

(e.g. a letter sent via mail or e-mail). You can use the enclosed sample cancellation form to that end, but use of this form is not a requirement. To comply with the cancellation period, it will suffice to send out the notification of exercising the cancellation right prior to the end of the cancellation period.

Consequences of cancellation
If you cancel this contract, we will return to you all payments we have received from you, including delivery costs (with the exception of additional costs resulting for your use of a delivery form other than the economical standard delivery that we offer) without delay and no later than within 14 days starting from the day on which the notification of cancellation of this contract arrives to us. We will use the same payment method you used for the original transaction, unless another method is expressly agreed upon with you;
under no circumstances will any fees be charged for payment return.
If you have requested that services begin during the cancellation period, then you'll have to pay us a reasonable fee corresponding to the portion of the services already provided up to the point in time at which you informed us of exercising of cancellation compared to the total scope of the services laid out in the contract.
End of notification regarding cancellation right

Sample cancellation form
(If you wish to cancel the contract, then please complete this form and send it back to us.)
To: Schwarzwald Tourismus GmbH, Wiesentalstraße 5, 79115 Freiburg,
E-Mail: info@schwarzwald-tourismus.info
- I/we (*) hereby cancel the contract that I/we (*) concluded regarding provision of the
following service (*)
- Ordered on (*) / received on (*)
- Name of consumer(s)
- Address of consumer(s)
- Signature of consumer (s) (only applies for notification on paper)
- Date
---------------------------------------------------------
(*) Cross out information that does not apply

6. Warranty

You have the warranty rights laid out in German law.

7. Liability | Liability for articles and information provided by service partners

Our liability for obligation violations of contractual obligations and crimes will be limited to cases of premeditation and wanton negligence. This does not apply in cases involving injury to life, body, or health of the SWC cardholder or claims due to violations of cardinal obligations, i.e. obligations yielded from the nature of the contract and whose nonfulfillment endangers the attainment of the contract objective. To that end, we are liable based on degree of culpability. Data and information we provide are based on the statements of the service partners. We disclaim all liability for this information being accurate, we especially disclaim liability for untrue information from service partners unless we had knowledge of such untrue content.

8. Misuse | Theft | Loss | Resale

Misuse
The SWC remains STG property at all times. Upon making a purchase, the cardholder is merely acquiring the option of using the services in accordance with the specific terms and conditions of use. In the event of misuse or suspicion of misuse, STG and service partners have the right / obligation to retain the SWC without substitution. Cardholders bear all responsibility for damage incurred due to misuse. If a card is confiscated, then the cardholder can contact us to request the card be returned. In the event of unjustified confiscation, we will return the card to the customer. If the event of misuse, we reserve the right to file a report with the police.

Loss /Theft
In the event of loss or theft, the cardholder must report the incident to us immediately.
The report can be made using the following telephone number:
Telephone: +49 (0) 7618964675
A card will be blocked after being reported as stolen. We disclaim all liability. Furthermore, we are not obligated to replace a card or reimburse the price paid.

Resale
Purchase for commercial resale without prior permission from the STG is prohibited.

9. Data protection | Liability for third-party content | Storage of contract text

The customer data we collect and store are exclusively used to process the contract. The data stored include first and family name of the party placing the booking, address, e-mail address, and ID information. We do not store the contract content and do not have continued access to it following contract conclusion. However, you do have the option upon contract conclusion to access and save our GTCs.
Personal data transferred to us are only saved as long as necessary within the scope of the objective associated with their transfer. The data we store are not disclosed to third parties, with the exception of the data forwarded to our payment service partner and the reproduction of data based on legal obligations, as well as in the event of express prior consent from you. It is also possible to withdraw the usage consent at any later time.
The German Data Protection Act provides you with the right to request information about your personal data stored at any time. Please contact us if you have questions about the collection, processing, or use of your personal data, as well as regarding notifications, blocking, or deletion of data:

Schwarzwald Tourismus GmbH
Wiesentalstr. 5
79115 Freiburg
E-Mail: info@schwarzwald-tourismus.info
Telephone: +49 (0) 7618964675

The matter will be reviewed based on your message and deletion will be performed as applies accordingly.

Our webpages make reference to other external pages. We have no influence over the content or design of these pages. We disclaim all liability for such content. This applies for all references and links regarding third-party sites made on our website. Please also refer to our Data Protection Declaration. You can contact us regarding this matter at the aforenamed address. We will then review your reclamations.

10. Applicable law

This contract is subject to the laws of the Federal Republic of Germany. The provisions
laid out in the UN CISG are excluded. This does not apply in cases where special consumer
provisions are more advantageous in the customer's country of origin.

Last updated: 27 January 2022

Schwarzwald Tourismus GmbH
Wiesentalstraße 5
D-79115 Freiburg
Phone: +49 761 - 89646 0
mail@schwarzwald-tourismus.info
www.schwarzwald-tourismus.info