Terms & conditions

In these Terms and Conditions the terms written hereinafter with a capital letter, regardless of whether these are applied in the singular or plural, are used with the following meaning, unless expressly stated otherwise.

1. Hotelgiftcard.com (hereinafter referred to as: HGC): The private limited company & its successors in title for the benefit of whom these Terms and Conditions are entered into.
2. User: every natural person or legal entity who makes a payment to HGC in exchange for which HGC issues a gift card, or the natural person or legal entity who purchases services from Participants with the Balance on the gift card.
3. Agreement: any agreement between the User and HGC.
4. Gift card: a card provided by HGC directly, or via Resellers, to the User, called: “Hotelgiftcard”, to which the User links a Credit at the time of purchase of the card.
5. Credit: the monetary value with a maximum of EURO 500 or 500 Pounds Sterling (GBP), which is linked to the (unique code of the) Hotelgiftcard and saved in the central account administration of HGC with which the User can purchase services, i.e. overnight stays debited from the Balance saved in the central account administration.
6. Balance: the balance of the remaining Credit.
7. Participants: all hotels affiliated with HGC, with which HGC has concluded an Agreement. A Participant can also be a Reseller insofar as they have concluded an agreement with HGC for this purpose. The Participants are listed on the website of HGC. Payment of the booked overnight stay in the hotel is done by means of cashing in the Hotelgiftcard on the website of HGC. The Hotelgiftcard can also be used for part-payment, supplemented by a transfer/I-Deal and/or credit card.
8. Services: the overnight hotel stays offered by the Participants in accommodation which the Participant owns, or which has been rented by the Participants.
9. Resellers: all enterprises affiliated with HGC, with whom HGC has concluded an agreement in relation to putting the Hotelgiftcard on the market.

HotelGiftcard.com B.V.  

Visiting address:
Ambachtsweg 6
1474HW Oosthuizen
Netherlands

Chamber of commerce number: 78253411
VAT identificationnumber: NL861319588B01

1. The User has taken note of these Terms and Conditions prior to or during the concluding of the purchase of the Hotelgiftcard. By means of the purchase of the Hotelgiftcard, the User has accordingly accepted these Terms and Conditions, which are applicable to every offer from HGC and to every Agreement and every business contact with HGC, whereby the Hotelgiftcard will be sold to the User, whether or not via Resellers.
2. The Terms and Conditions will be forwarded free of charge upon request and are published (in the most recent and current version) on the website http://www.HotelGiftcard.com.B.V.
3. Derogations from these Terms and Conditions will exclusively apply insofar as Parties have expressly agreed in writing. Derogating clauses will exclusively apply to the offer or the Agreement for which they are made.
4. If rights or benefits are provided for the benefit of HGC in these Terms and Conditions, these will be deemed to also have been stipulated for the benefit of the third parties engaged by HGC for the completion or performance of the Agreement.
5. Any User’s Terms and Conditions are expressly rejected. As soon as the User has booked an overnight hotel stay, any Terms and Conditions by the Participant will apply.
6. HGC retains the right to amend or to add to these Terms and Conditions.
7. If by means of a court decision one or more articles of these Terms and Conditions are declared invalid, the remaining provisions of these Terms and Conditions shall remain in full effect. HGC shall formulate and apply new provisions for the replacement of the null and void or voided provisions by new provisions, in the course of which the objective and the meaning and effect of the null and void or voided provision shall be adhered to as much as possible.

1. The gift card can only be purchased by the User from HGC and/or Resellers. For the purpose of fraud prevention HGC does not permit the User to purchase the Hotelgiftcard from others, in which case HGC shall not grant any value to this method of purchase.
2. After the purchase of the Hotelgiftcard the use and the keeping of the Hotelgiftcard and any accompanying codes will be the complete responsibility and risk of the User. The User must treat the card with special care and discretion, especially for the purpose of payment on the internet, in order to prevent the risk of third parties spending the Balance for the purchase of overnight hotel stays without permission.
3. In case of doubt, upon request from HGC the User must demonstrate via a Bank account statement that a Hotelgiftcard has been purchased.
4. The Hotelgiftcard is transferable and not personally linked to the User. Insofar as the User transfers the Hotelgiftcard to a third party, the User shall be responsible for ensuring that this is done subject to the provision of and/or reference to the present Terms and Conditions.
5. The Hotelgiftcard remains the property of HGC until the Balance amounts to EURO 0.00 Thereafter the card, as carrier of the Credit, no longer represents any value. This applies without prejudice to the provisions of subclauses 9 and 11.
6. The User is exclusively entitled to spend the Hotelgiftcard at the Participants’ venues.
7. Payment to be debited from the Credit saved in the central account administration of HGC takes place irrevocably if and insofar as the User, via an interface such as for example a payment terminal, point-of-sale system, or dialogue (payment) window on the website of the Participant and/or HGC, has given “approval” for payment via this interface and the Balance is sufficient to allow the agreed payment to take place between the Participant and the User to be debited from the Balance.
8. Under no circumstances is the Hotelgiftcard convertible into cash or to be spent at parties other than the Participants. The Credit and Balance of the Hotelgiftcard are guaranteed for a period of 2 years, unless stated otherwise, from the date of purchase of the Hotelgiftcard. The User may claim the Balance and Credit during this period in accordance with the provisions of subclause 11. After this period and the circumstance set out in subclause 11, any claim of the User against the Balance of the gift card will lapse and the Balance and/or the Credit will revert to HGC. In that case the User may no longer make any claim against the Balance and/or the Credit. Under no circumstances will HGC pay any interest over the Credit and/or the Balance to the User.
9. If a User spends less than the Balance of the gift card, no refund in cash will be made of the difference between the amount actually spent and the Balance on the gift card.
10. The gift card cannot be reloaded. The gift card can no longer be used after the Credit on the gift card has been spent, or after the Balance on the gift card has lapsed in accordance with this article. It is possible for the debited Balance to be reversed on the Hotelgiftcard if there is a free of charge cancellation. If the User is able to rely on cancellation insurance taken out by the User, HGC will not give a refund.
11. The total price for the booking may contain additional booking costs, which are shown in the cost overview in the checkout screen under the mention of “Affiliate Service Charge”. These costs are charged by Hotelgiftcard.com for facilitating the reservation of accommodations.

1. HGC may not be held responsible or liable for loss, theft, forgery, or misuse, in whatsoever form, of the Hotelgiftcard. In the event of loss, theft, forgery, or misuse and/or other misappropriation of the Hotelgiftcard of the User, there shall never be settlement or payment to the original User of the Credit and/or Balance. The User must report the loss, theft, forgery, or misuse of the Hotelgiftcard and the accompanying codes as soon as possible and insofar as possible to HGC, so that HGC can try with reasonably possible efforts to prevent or limit the damage for the User.
2. If a User misuses, or commits fraud, or attempts to commit fraud with the Hotelgiftcard, including trying to cash in the Hotelgiftcard by means of falsifications, by means of hacking the barcode, or circumventing in another manner the (technical) security measures, HGC shall immediately deny the use by the User of the Hotelgiftcard and block the Hotelgiftcard. HGC will immediately report this to the judicial authorities and in addition be fully entitled to recover full damages from the User.
3. In the event of a damaged, but not misused gift card, the User may request that HGC transfers the Balance to a new Hotelgiftcard, after deduction of administrative costs of € 5. No transfer will be made if the Balance on the Hotelgiftcard is insufficient. The User must send the damaged gift card in a sealed envelope, accompanied by full name and address details, email address and mobile phone number to HGC at: HotelGiftcard.com BV, Ambachtsweg 6, 1474HW Oosthuizen. Incomplete applications will not be answered nor accepted for processing.
4. In the event of force majeure HGC will have the right to terminate the purchase of the gift card subject to any return of the paid purchase sum, provided that the validity period has not yet expired, or as the case may be, to suspend the use of the Hotelgiftcard, without payment of compensation by HGC to the User concerned.
5. In the event of deception, fraud, forgery of documents, swindling, or other acts executed in bad faith, or suspicion of one of the aforesaid acts related to the Hotelgiftcard, HGC shall have the right to dissolve purchase of the Hotelgiftcard, or to suspend the provision of the service, without payment of compensation.

1. HGC shall be entitled to transfer its rights and obligations under the Agreement intra-group to another company, whereby the rights and obligations under the Agreement and these Terms and Conditions shall remain in full effect. The Users will be informed within 30 days prior to this transfer.
2. HGC shall be entitled, with the exception of the lapsed Balance, but never the obligation, with the exception of the provisions of subclause 3, to repay the Balance on the Hotelgiftcard to the User(s) at any time.
3. HGC shall be entitled – within reasonable limits – at any time to adjust, limit, expand, or put out of service, the nature, contents and availability of the Hotelgiftcard. Insofar as HGC puts the Hotelgiftcard out of service, HGC will refund any non-lapsed Balance on the Hotelgiftcard to the User within a reasonable period.

1. HGC is not a party to the service agreement between the User and the Participant during the purchase of the overnight hotel stay. HGC shall not be responsible for the booked overnight hotel stay(s) by the User. By means of the User’s booking on the website of Hotelgiftcard.com, an agreement arises between the User and the Participant. Please refer to (any) Terms and Conditions of the Participant concerned.
2. HGC aims for the best possible provision of service to the User and in the context of this aim shall make as many efforts as reasonably possible to let the User always use the Balance and/or the Credit without disruption. Nevertheless, HGC does not guarantee that the User can always use the Balance and/or the Credit without any interruption, which may be due to external factors and parties (whether or not affiliated with HGC), including technical and telecommunication factors and third parties. Insofar as any of these factors and/or parties prevent HGC from fulfilling its obligations, it can never be held liable for this.
3. HGC shall never be liable for damage on the part of the User by means of using the Hotelgiftcard, including consequential damage, intangible loss, trading loss, or other (direct or indirect) damages, unless this damage is caused by gross negligence or intent on the part of HGC. In addition to the above, HGC cannot be held liable under any circumstances insofar as the User has not complied with the provisions of these Terms and Conditions or has not followed the instructions.
4. Without prejudice to the provisions of the previous subclause and insofar as HGC might still be liable in any manner whatsoever on the basis of mandatory statutory provisions, this liability shall not extend any further per incident on whatsoever basis (whereby a related incident is regarded as one single incident) than the maximum of the amount of the highest Balance on the Hotelgiftcard from which the liability ensues and in any event shall never be more than the insurance payment from the insurance taken out by HGC for this purpose.
5. Furthermore, HGC cannot be held liable under any circumstances if HGC due to force majeure is unable to fulfil its obligations. Force majeure is in any event taken to mean, but not limited to:
   1. International conflicts
   2. Violent or armed actions
   3. Measures taken by domestic, foreign, or international authorities
   4. Boycott actions and/or
   5. Industrial actions at third parties or among HGC's personnel

Insofar as the User purchases the Hotelgiftcard via the HGC web shop, due to the nature of the product the User shall not have any right of withdrawal. The right of withdrawal period is excluded because this concerns a service the execution of which is started within the right of withdrawal period.

Users who have complaints with regard to the Hotelgiftcard are referred to HGC customer services. See the contact page on the website.

Article 10: Applicable law and competent court

1. The law of the Netherlands exclusively applies to the Agreement and these Terms and Conditions.
2. Applicability of the Vienna Sales Convention is excluded.
3. The court in the Amsterdam District has exclusive jurisdiction at the first instance to hear and settle disputes between HGC and the User.