General Terms and Conditions of M-One Event & Catering GmbH for the use of the M ONE Membercard
These General Terms and Conditions (hereinafter referred to as “GTC”) apply to the issue and use of chip cards for payment in M ONE (hereinafter referred to as “Membercard”). The GTC apply to all services including information and advice in connection with the issue, delivery and use of the Membercard.
The customer’s contractual partner for the issue and use of the Membercard is M-One Event & Catering GmbH (hereinafter referred to as ” M ONE ”), Johannes-Rau-Allee 13, 45889 Gelsenkirchen. The Membercard is available at M ONE on the day of the event. The member card remains the property of M ONE. The customer only receives a right to dispose of the credit balance on the Membercard.
2. Charging and use
The member card can be used to pay for food, drinks and goods at events at M ONE without cash. New amounts can be topped up in the M ONE. The Membercard must be loaded with a minimum amount of 5 euros. It is possible to top up the Membercard – in steps of 5 EUR each.
Any queries or complaints may be addressed in writing to M-One Event & Catering GmbH, Johannes-Rau-Allee 13, 45889 Gelsenkirchen, by telephone to 0209-361119549(0.20 €/call from a landline; max. 0.60 €/call from a mobile network) or by e-mail to firstname.lastname@example.org.
The customer is entitled to return the Membercard to M ONE: The Membercard may be returned by post to the address M-One Event & Catering GmbH, Johannes-Rau-Allee 13, 45889 Gelsenkirchen. Any credit still loaded on the Membercard will be paid out by transfer to a bank account to be specified by the customer. The bank details must be provided to M ONE accordingly by post or by email in conjunction with the card number. Payment of partial amounts is not possible. The payout will be made no later than 30 days after the customer’s payout request.
In the event of misuse, in particular manipulation, the Membercard will be blocked immediately. In the case of criminal offences, criminal charges will be filed in any case. The M ONE reserves the right to assert claims under civil law.
The liability of M ONE, its legal representatives and vicarious agents for damages resulting from injury to life, body or health as well as liability according to the Product Liability Act and liability due to a fraudulently concealed defect or the assumption of a quality guarantee are not limited by these GTC. Furthermore, the liability of M ONE for damages based on an intentional or grossly negligent breach of duty by M ONE, its legal representatives or vicarious agents is not limited by these GTC. If none of the aforementioned cases exist, the liability of M ONE for damages from the breach of an obligation which is essential for the achievement of the purpose of the contract, the fulfilment of which therefore makes the proper execution of the contract possible in the first place and on the observance of which the customer relies and may rely (essential contractual obligation), is limited to the foreseeable damage typical for the contract. Apart from that, the liability of M ONE is excluded. Insofar as the liability for damages is limited in this section, this also applies to any liability of the vicarious agents and legal representatives of M ONE.
7. Place of fulfilment and final clause
The sole place of performance for performance and payment is Gelsenkirchen. The law of the Federal Republic of Germany shall apply exclusively.