münstercard: Terms and Conditions
The münstercard is a card developed primarily for tourists. The card entitles the holder (customer) to use the services and offers provided by the companies and service-providers participating in the scheme (service partners). The services covered by the münstercard are described in a brochure on the münstercard, as well as on the website www.muenstercard.de. Information on these services can also be obtained from the service partners themselves. The brochure and the version of the services described online at the time an order for the münstercard is placed form part of the contract.
These General Terms and Conditions are applicable to every holder of a münstercard and are based on the agreement between the Stadtwerke Münster GmbH (hereinafter ‘SWMS’) and the companies participating in the münstercard scheme.
2. Contracting parties
2.1 The agreement to purchase a münstercard is made with SWMS, Hafenplatz 1, 48155 Münster. Further information on SWMS can be found in the publication details on the www.muenstercard.de website.
2.2 Using any of the services will result solely in a contractual relationship between the holder of the münstercard and the service partner providing the service or services in question. When the services offered are used, the relevant Terms and Conditions of the relevant service partner(s) shall apply. The Terms and Conditions, as well as the Conditions of Carriage, are available from the service partners.
2.3 In individual cases, services offered by the service partners are not available throughout the year or have limited availability. In addition, the service partners expressly reserve the right, as organizers or providers, to make changes to the services they offer, or to opening times, prices and the periods in which the services are offered. No claims can be made to SWMS or to the service partners as a result of any such changes.
3. Conclusion of contract
The münstercard can be purchased at the official münstercard points of sale (VVK shop), as well as in the web shop online at www.muenstercard.de (where it can also be printed out), or as a ticket, using the münstercard app.
3.1 If the ticket is purchased at a VVK shop, the münstercard is issued to the customer. The method of payment depends on the facilities available at the VVK shop.
3.2 If the purchase is made online, the purchaser’s order for a münstercard is binding when the “purchase” button is clicked. The purchaser is then contacted in the form of an automated e-mail which also processes the purchase. Purchase details are stored and can be retrieved at the service number given by quoting the booking number. The purchase details comprise the text of the purchase agreement as well as the Terms and Conditions. The customer receives an e-mail with the confirmation of order which includes the münstercard in text form. Customers can print out the münstercard.
Customers must ensure that the e-mail address they provide for the confirmation and processing of their purchase is correct, so that the e-mails sent by SWMS can be properly received at this address. In particular, customers must, if they use spam filters, ensure that any e-mails sent by SWMS can be properly delivered.
3.3 If the purchase is made online, the purchaser’s order for a münstercard is binding when the “purchase” button is clicked. The purchaser is then contacted in the form of an automated e-mail which also processes the purchase. Purchase details are stored and can be retrieved at the service number given by quoting the booking number. The purchase details comprise the text of the purchase agreement as well as the Terms and Conditions. The customer receives an e-mail with the confirmation of order which includes the münstercard in text form. The customer is also provided with an in-app display.
4. Non-transferability / misuse / damage / loss
4.1 The münstercard is non-transferable. It may only be used by the person for whom it was purchased. Customers are not entitled to reproduce, copy or change the münstercard in any way. Customers must keep or store the card in such a way that no third party has access to it. In the case of any misuse of the münstercard, the card’s service partners are entitled and obliged to confiscate the münstercard without compensation. The card holder is liable in the case of any misuse of the card by a third party.
4.2 No compensation will be made if the münstercard is not used at all, or only partially, and/or in the case of loss. If a card is damaged or shows technical defects, this must be reported immediately to SWMS. In such a case the customer can print out a new copy of the münstercard if it was purchased online. Any münstercard purchased at a VVK shop will be reissued, during opening hours, by the VVK shop which initially issued it.
5. Stipulations for the use of the münstercard
5.1 The münstercard includes the münstercard ticket for use on all public transport within the city of Münster and entitles the holder to free transport, within the period of the card’s validity, within the city of Münster (buses and local trains – but not transport designated for excursions and special routes). The card holder’s entitlement to use the transport facilities is given by the transport companies in accordance with the conditions of carriage in the relevant Münster zone (price category 0), in all municipal buses and local trains (2nd class), within the city area in each case.
5.2 The münstercard is to be shown in the case of any ticket inspection. The period of validity of one or two days begins on the day printed on the card and ends on the last day of validity when the transport companies end their operations for the day.
5.3 Tourist services can only be used if the münstercard is presented. The card holder must show the card at the relevant cash point before any services can be used. Each of the services provided by the münstercard may only be used once during the period of time in which the card is valid.
6. Prices, terms of payment
6.1 The prices quoted are end prices and include the statutory VAT levied in Germany.
6.2 The purchase price is due for payment immediately, in advance, in the case of an online purchase and can be settled by means of a credit card or direct debit. Details of the methods of payment are given during the ordering process.
6.3 If the münstercard is purchased at a VVK shop, the relevant terms of payment apply.
7.1 As the issuer of the münstercard, SWMS accepts no liability for any non-performance or poor performance on the part of the service partners involved, nor for any personal injuries, material damage or any other damage which the customer sustains from the service partner or during the performance of services provided by any service partner. The user must make any such claims solely to the service partner in question.
7.2 SWMS is only liable for its own services to the extent that statutory regulations stipulate mandatory liability, and has unlimited liability only in the case of intent and gross negligence. Liability in the case of minor negligence is only unlimited for injury to life, limb or health. In the case of any minor negligent infringement of contractual obligations, liability is restricted to material damage and financial loss to the amount of the foreseeable, typically occurring damage. Any liability for indirect damage, in particular for consequential damage, unforeseeable damage, untypical damage or loss of profits is excluded. The same applies to incidental damage and force majeure. SWMS also expressly excludes any liability for technical defects (e.g. non-accessibility of its website).
8. Data protection
8.1 SWMS collects and stores data as a result of sales and of the use of personal data relating to the münstercard. SWMS stores these data in the münstercard system and will use such data solely for the purpose of processing the münstercard, while observing data-protection regulations.
8.2 The münstercards available from the service partners or from SWMS sales outlets are not personalized. münstercards which are purchased online or via the tourist app carry the name of the customer in order to avoid any unauthorized copying.
8.3 SWMS is entitled to draw up statistics relating to sales and to the use of the münstercard. These statistics solely comprise information on the year of birth and place of residence of the münstercard holder and provide no information on individual persons. The statistics can be passed on to the service partners. Beyond this, the service partners receive no personal data relating to the münstercard holder.
9. Exclusion of the right of cancellation
The statutory right of cancellation for consumer contracts concluded at a distance is excluded: for the purchase of tickets or the conclusion of contracts for passenger transport (§ 312, section 2, No. 5 of the German Civil Code) and for contracts relating to the performance of services in the fields of accommodation for purposes other than residential purposes, the transport of goods, motor vehicle hire, the delivery of food and drink and the performance of any other services in connection with leisure activities if the contract provides for a specific date or period of time for any such performance (§ 312 g, section 2, No. 9, German Civil Code).
NB: The statutory right of cancellation does not therefore apply to any online purchase of the münstercard or to any purchase of the münstercard via the app.
10.1 The contracting parties agree on the application of German law with regard to all legal questions arising from this contract; the United Nations Convention CISG does not apply. The place of jurisdiction is Münster.
10.2 SWMS reserves the right to make changes to these Terms and Conditions at any time. For the customer, the applicable version of the Terms and Conditions is that prevailing at the time a purchase is made; the customer confirms that he or she has taken note of these Terms and Conditions.
10.3 In the event of any disputes arising from, or in relation to, the purchase or use of the münstercard, the German version of these Terms and Conditions shall take precedence.
Stadtwerke Münster GmbH
In our customer service centre:
In our CityShop
At our mobilé service centre:
Berliner Platz 22
(opposite the main station)
On our customer hotline: 0251.694-4422