Good to know
Terms and conditions
General: xmm agentur GmbH is the official publisher and distributor of the Palma Beach® Card, named as seller. The card itself is the property of Golf Card GmbH. Golf Card GmbH is the provider of the services of the Golf Fee Card® International, which is integrated on the card. xmm only provides deliveries and services to which these terms and conditions apply. For the rest, the special conditions stated in the order form shall apply. The Palma Beach® Card is sold worldwide.
1.1 These General Terms and Conditions (hereinafter “GTC”) of xmm: agentur GmbH (hereinafter “seller”) shall apply to all contracts for the delivery of goods which a consumer or entrepreneur (hereinafter “customer”) concludes with the seller with regard to the goods offered and displayed by the seller in his online shop or at advance sales points designated by him. The inclusion of the customer’s own terms and conditions is hereby objected to, unless otherwise agreed.
1.2 For contracts for the delivery of digital data in connection with the Palma Beach® Card, these General Terms and Conditions shall apply mutatis mutandis unless otherwise expressly regulated.
1.3 These General Terms and Conditions shall apply accordingly to contracts for the delivery of vouchers, unless otherwise expressly agreed.
1.4 For contracts for the delivery of tickets (Member or Holiday Card), these GTC apply accordingly, unless otherwise expressly regulated. These GTC only regulate the sale of tickets for certain events (Palma Beach® World of Benefits) described in more detail in the seller’s article description and not the holding of these events. The statutory provisions governing the relationship between the customer and the organizer as well as any conditions of the organizer deviating from these shall apply exclusively to the execution of the events. If the seller is not also the organizer, he is not liable for the proper execution of the event, for which the respective organizer is solely responsible.
1.5 A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes which can predominantly neither be attributed to his commercial nor his self-employed professional activity. Entrepreneur in the sense of these General Terms and Conditions is a natural or legal person or a partnership with legal capacity that acts in the exercise of its commercial or independent professional activity when concluding a legal transaction.
1.6 Digital data within the meaning of these GTC are all data which is not on a physical data carrier, which is produced in digital form and made available by the seller subject to the granting of certain rights of use regulated more precisely in these GTC.
1.7 Depending on the seller’s product description, the subject matter of the agreement may be the purchase of goods by way of a one-off delivery or the purchase of goods by way of a permanent delivery (hereinafter referred to as the “subscription agreement”). With a subscription contract, the seller undertakes to deliver the contractually owed goods to the customer for the duration of the agreed contract term in the contractually owed time intervals.
2) Supplies and services
2.1 The Palma Beach® Card is primarily a benefit card based on digital data or the admission ticket to the Palma Beach® world of advantages, which is sent by means of a wallet pass to a mobile phone number to be specified by the applicant or to an email address after payment has been made.
2.2 The digital data are also available for download on a map in print form, which the customer can print out himself. Selected advance booking offices can also offer a printed Soft Card version as an option. Member Card: Annual passes can also be sent to the customer in the form of a plastic card to an address to be specified by the customer.
3) Conclusion of Contract
3.1 The product descriptions contained in the seller’s advertising material and online shop do not constitute binding offers on the part of the seller, but serve to submit a binding offer by the customer.
3.2 The customer can submit the offer via the online order form integrated into the seller’s online shop. After placing the selected goods in the virtual shopping basket and completing the electronic ordering process, the customer submits a legally binding contractual offer with regard to the goods ordered by him in the shopping basket by clicking the button that concludes the ordering process.
3.3 The seller may accept the customer’s offer within five days,
- by sending the customer a written order confirmation or an order confirmation in text form (fax or e-mail), in which case the receipt of the order confirmation by the customer shall be decisive, or
- by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive, or
- by requesting payment from the customer after placing his order.
If several of the aforementioned alternatives exist, the contract shall be concluded at the point in time at which one of the aforementioned alternatives occurs first. The period for acceptance of the offer begins on the day after the dispatch of the offer by the customer and ends with the expiry of the fifth day following the dispatch of the offer. If the seller does not accept the customer’s offer within the aforementioned period, this shall be deemed a rejection of the offer with the consequence that the customer is no longer bound by his declaration of intent.
3.4 When submitting an offer via the seller’s online order form, the text of the contract is stored by the seller after conclusion of the contract and transmitted to the customer in text form (e.g. e-mail, fax or letter) after sending the customer’s order. The seller shall not make the contract text accessible beyond this.
3.5 Prior to binding submission of the order via the seller’s online order form, possible input errors may be detected by attentively reading the information displayed on the screen. An effective technical means for better detection of input errors can be the browser’s zoom function, which enlarges the display on the screen. Within the framework of the electronic ordering process, the customer can correct his entries using the usual keyboard and mouse functions until he clicks on the button completing the ordering process.
3.6 The German and English languages are available for the conclusion of the contract.
3.7 Order processing and contact are usually carried out by e-mail and automated order processing. The customer must ensure that the e-mail address (or mobile phone number) provided by him for order processing is correct so that e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or third parties commissioned by the seller to process the order can be delivered.
4) Cancellation Policy & Cancellation Form:
Consumers are entitled to a right of revocation in accordance with the following provision, whereby a consumer is any natural person who concludes a legal transaction for purposes which can predominantly be attributed neither to his commercial nor his self-employed professional activity:
Right of withdrawal
You have the right to revoke this contract within fourteen days without giving reasons. The revocation period is fourteen days from the day on which you or a third party named by you who is not the carrier have taken or have taken possession of the last goods. By way of derogation, in the case of a contract for the regular delivery of goods over a fixed period of time, the withdrawal period shall be fourteen days from the date on which you or a third party other than the carrier designated by you took possession of the first goods.
To exercise your right of withdrawal, you must inform us (xmm: agentur GmbH, Ernst-Platz-Str. 39, 80992 Munich, Germany, Tel.: +49 89 21 55 72 140, Fax: +49 89 21 55 72 149, E-Mail: email@example.com) of your decision to withdraw from this contract by means of a clear declaration (e.g. a letter, fax or e-mail sent by post). You can use the attached model withdrawal form, which is not mandatory. In order to comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the expiry of the revocation period.
Consequences of revocation
If you revoke this agreement, we shall reimburse you immediately and no later than fourteen days from the date on which we received notice of your revocation of this agreement for all payments we have received from you, including delivery charges (other than additional charges arising from your choice of a method of delivery other than the cheapest standard delivery offered by us). For this refund we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged for this refund. We may refuse to refund until we have received the goods back or until you have provided evidence that you have returned the goods, whichever is earlier. In the case of the digital ticket, proof of the unused activation link is sufficient. You must return or hand over the goods to us immediately and in any case within fourteen days of the day on which you notify us of the revocation of this contract at the latest. This period shall be deemed to have been observed if you dispatch the goods before the expiry of the fourteen-day period. You shall bear the direct costs of returning the goods. They shall be liable for any depreciation of the goods only if such depreciation is due to handling of the goods which is not necessary to examine their nature, properties and functionality.
Premature expiry of the right of revocation:
You are further expressly informed that the right of revocation according to § 356 Para. 4 BGB (German Civil Code) expires prematurely in the case of a contract for the provision of services if the service has been provided in full and xmm: agentur GmbH has only begun with the execution of the service after you have given your express consent and you have at the same time confirmed your knowledge that you lose your right of revocation if xmm: agentur GmbH fulfils the contract in full.
Your declaration of revocation
I hereby declare that I have received the revocation instruction and revocation form used by xmm: agentur GmbH.
In full knowledge of these declarations and the above, I agree that xmm: agentur GmbH shall commence its activities immediately after conclusion of the contract and before expiry of the 14-day revocation period. I am aware that I lose my right of revocation if xmm: agentur GmbH fulfils the contract completely.
If you wish to revoke the contract, please fill out this form and send it back to:
xmm: agentur GmbH
Fax: +49 89 21 55 72 149
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following services (*) __________________________
Ordered on (*): __________________________
Receive at (*):__________________________
Consumer Name (s): __________________________
Address of consumer/(s): __________________________
Signature of consumer’s/must (s) ________________________ (only if written on paper)
Date __________________________ (only for written revocation)
(*) Delete as appropriate
5) Pricing and terms of payment
5.1 Unless otherwise stated in the seller’s product description, the prices quoted are total prices which include the statutory value added tax. Depending on the sales region (website = Germany, local = Spain), the sales tax rates may vary. However, this does not change the final price for the customer. Any additional delivery and shipping costs will be stated separately in the respective product description.
5.2 The payment option(s) is/are displayed to the customer in advance in the online shop of the seller online.
5.3 If the payment method direct debit via Stripe is selected, payment shall be processed via the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter referred to as “Stripe”). In this case, Stripe will collect the invoice amount from the customer’s bank account on behalf of the seller after a SEPA direct debit mandate has been issued, but not before the expiry of the period for prior information. Pre-notification is any communication (e.g. invoice, policy, contract) to the customer announcing a debit by SEPA direct debit. If the direct debit is not honoured due to a lack of sufficient funds in the account or due to the provision of incorrect bank details, or if the customer objects to the direct debit although he is not entitled to do so, the customer shall bear the fees arising from the reversal of the debit entry by the respective credit institution if he is responsible for this. The seller reserves the right to carry out a credit check when selecting the SEPA direct debit payment method and to reject this payment method in the event of a negative credit check.
6) Delivery and Shipping Conditions
6.1 The delivery of goods takes place by dispatch to the delivery address specified by the customer, unless otherwise agreed. The delivery address given in the order processing of the seller is decisive for the transaction processing.
6.3 In the event that the customer exercises his right of revocation effectively, the provision of the seller’s revocation policy shall apply to the return costs.
6.3 Digital data within the meaning of section 1.6 shall be provided to the Customer exclusively in electronic form as follows: by e-mail or by SMS.
6.4 Vouchers are handed over to the customer as follows: by e-mail or by SMS.
6.5 Printed tickets (Member Card or Holiday Card) will be handed over to the customer as follows: collection by the customer from one of the above-mentioned designated advance booking offices or dispatch by post to the customer address (Member Card).
6.6 When handing over/sending a non-digital, haptic card (soft card), the digital card is omitted, unless otherwise agreed in advance.
7) Granting of rights of use for the digital data provided
7.1 Unless otherwise stated in the content description in the media and in the seller’s online shop, the seller grants the customer the non-exclusive, locally and temporally unlimited right to use the digital data provided for private and business purposes.
7.2 A transfer of the contents to third parties or the creation of copies for third parties outside the scope of these GTC is not permitted, unless the seller has agreed to a transfer of the contractual license to the third party.
7.3 The granting of rights only becomes effective when the customer has paid the contractually owed remuneration in full. The seller may also provisionally permit the use of the contractual contents prior to this point in time. A transfer of the rights does not take place by such a provisional permission.
8) Duration and termination of subscription contracts
8.1 Subscription contracts (e.g. Palma Beach® Member Card) are concluded for an unlimited period of time, but at least for the minimum term of 12 months as indicated in the respective product description in the application form or online shop of the seller. The subscription contract can be terminated during the minimum term with a notice period of two weeks to the end of the minimum term, e.g. contract for Member Card runs until 31.12.2019, then the termination of the Member Card must be received by the seller no later than 17.12.2019. If the customer does not cancel the subscription in time, the subscription will be extended for a further 12 months and can be cancelled again with a notice period of 14 days to the end of the extension.
8.2 The Palma Beach® Holiday Card ends automatically after the expiry of the term of three months without the need for a cancellation.
8.3 The right to extraordinary termination for good cause remains unaffected. Good cause exists if, taking into account all circumstances of the individual case and weighing the interests of both parties, the terminating party cannot reasonably be expected to continue the contractual relationship until the agreed termination or until the expiry of a period of notice.
8.4 Notices of termination must be given in writing (e.g. by e-mail).
9) Reservation of title
If the seller makes an advance payment, he shall retain title to the delivered goods until the purchase price owed has been paid in full.
10) Liability for defects (warranty)
10.1 If the purchased item is defective, the statutory warranty provisions shall apply.
10.2 The customer is asked to complain to the deliverer about delivered goods with obvious transport damages and to inform the seller of this. If the customer does not comply with this, this has no effect whatsoever on his statutory or contractual warranty claims due to defects.
11) Redeeming promotional vouchers
11.1 Vouchers which are issued free of charge by the seller within the scope of advertising campaigns with a certain validity period and which cannot be purchased by the customer (hereinafter referred to as “promotion vouchers”) can only be redeemed in the online shop of the seller and only within the specified period.
11.2 Individual products may be excluded from the voucher campaign if a corresponding restriction results from the content of the campaign voucher.
11.3 Promotion vouchers can only be redeemed before the completion of the order process. Subsequent settlement is not possible.
11.4 Only one promotional voucher can be redeemed per order.
11.5 The value of the goods must at least correspond to the amount of the promotional voucher. Any remaining credit will not be refunded by the seller.
11.6 If the value of the promotion voucher is not sufficient to cover the order, one of the other payment methods offered by the seller may be selected to settle the difference.
11.7 The credit balance of a promotional voucher is neither paid out in cash nor bears interest.
11.8 The promotional voucher will not be refunded if the customer returns the goods paid for in full or in part with the promotional voucher within the scope of his statutory right of revocation.
11.9 The promotional voucher is transferable. The seller can make payment with discharging effect to the respective owner, who redeems the promotion voucher in the online shop of the seller. This shall not apply if the seller has knowledge or grossly negligent ignorance of the non-justification, the legal incapacity or the lack of power of representation of the respective owner.
12) Redeeming gift vouchers
12.1 Vouchers that can be purchased via the seller’s online shop (hereinafter referred to as “gift vouchers”) can only be redeemed in the seller’s online shop, unless otherwise stated in the voucher.
12.2 Gift vouchers and the remaining balance of gift vouchers may be redeemed until the end of the third year following the year in which the voucher was purchased. Remaining credit will be credited to the customer up to the expiration date.
12.3 Gift vouchers can only be redeemed before the order process is complete. Subsequent settlement is not possible.
12.4 If the value of the gift voucher is not sufficient to cover the order, one of the other payment methods offered by the Seller may be selected to settle the difference.
12.5 The credit balance of a gift voucher will not be paid out in cash, unless the performance/goods is precisely described in the voucher and the exhibitor no longer has the described performance/goods in stock and can no longer procure them. The credit balance of a voucher does not bear interest.
12.6 The gift voucher is transferable. The seller can make payment with discharging effect to the respective owner, who redeems the gift voucher in the online shop of the seller. This shall not apply if the seller has knowledge or grossly negligent ignorance of the non-justification, the legal incapacity or the lack of power of representation of the respective owner.
13) Further provisions
Changes that may affect the provision of services (e.g. changes in the delivery address) or the contractual relationship (name changes) must be notified by the applicant to the seller immediately in text form (e.g. e-mail).
14) Applicable law
All legal relationships between the parties shall be governed by the laws of the Federal Republic of Germany to the exclusion of the laws governing the international sale of movable goods. In the case of consumers, this choice of law shall only apply insofar as the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his habitual residence.
15) Place of jurisdiction
If the customer acts as a merchant, legal entity under public law or special fund under public law with registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the registered office of the seller. If the customer is domiciled outside the territory of the Federal Republic of Germany, the seller’s place of business shall be the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the customer’s professional or commercial activity. In the aforementioned cases, however, the Seller shall in any case be entitled to appeal to the court at the Customer’s place of business.
16) Alternative dispute resolution
16.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr
This platform serves as a contact point for out-of-court settlement of disputes arising from online sales or service contracts in which a consumer is involved.
16.2 The seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer mediation body.