Terms and conditions of use for YourCheckBook
The AS8 Vertriebs Limited & Co. KG, Düsseldorf Straße 8, D-10719 Berlin, Germany (hereinafter referred to as distributor), distributes a coupon book called YourCheckBook. In this coupon book a variety of different providers can advertise and offer their services, e.g. car rentals, restaurants and other providers of leisure time activities. The ads of the providers include special offers, discounts or coupons for products or services which the purchaser of the voucher book can redeem at the conditions specified on the voucher at the respective location indicated.
1. The terms and conditions for use of the coupon book YourCheckBook govern the contractual relationship between the distributor and the purchaser of the voucher book.
2. The distributor only offers the coupons. The provider of a voucher alone is responsible for the goods or services for which a discount or other benefit is conferred in the form of a voucher. As regards the purchaser of the vouchers, the distributor is not obliged to provide the advertised services or goods for which a discount or other benefit is granted on the vouchers. The distributor is also not liable for the proper execution of the services advertised on the voucher by the respective provider. All goods or services, for which a discount or other benefit is conferred in the form of a voucher, are the sole responsibility of the respective provider.
3. Each voucher has a validity period within which the respective voucher can be redeemed. The specified discount, reduction in price or special offer is only granted if the purchaser fulfils the conditions stated on the relevant vouchers, as well as the terms and conditions of YourCheckBook (for rules see page 6 of the voucher book). A cash payment in exchange for the value of the individual voucher or for the value of any of the services or offsetting is not possible.
4. In case of breaches of obligations due to slight negligence, our liability shall be restricted to the foreseeable, contractually typical, and direct average damage given the nature of the contracted goods. This also applies if the breaches of obligations were due to slight negligence committed by the distributor’s legal representatives, contracted assistants or vicarious agents. The distributor shall not be liable for the violation of insignificant contractual duties due to slight negligence, but in the event of the violation of essential contractual obligations towards the purchaser, the distributor shall be liable. With regard to the content and intent of the contract, essential contractual obligations are those of which the purchaser can rightfully demand that they are fulfilled by the distributor. The distributor shall also be liable for the violation of obligations which are essential for the proper execution of the contract and of which the purchaser can reasonably assume that they will be fulfilled.
The foregoing limitations of liability do not affect any rights of the purchaser arising from guarantees and / or product liability. The limitations of liability shall not apply in the event of malice or if the distributor is responsible for the breach of fundamental contractual obligations or harm to body and health or loss of life of the purchaser.
5. Without the explicit prior written consent of the distributor the contents of the coupon book may not be modified, commercialized, reproduced, redistributed or published.
6. The law of the Federal Republic of Germany is applicable. With regard to consumers not concluding this contract for professional or commercial purposes, this provision of applicable law applies only to the extent that granted protection by mandatory statutory provisions of the country in which the consumer habitually resides is not withdrawn. The provisions of the UN Sales Convention do not apply.