TERMS OF USE
1. Card issue/Signature/Annual fee
According to banking law § 1,Abs. 1,Zi. 6 the issuing credit institution of the ÖsterreichTicket Card (hereinafter called ÖT-Card ) is VISA-SERVICE Kreditkarten AG, 1030 Wien, Invalidenstr. 2 (hereinafter called Bank). The Bank has sub-contracted the handling of the card business to Cards & Systems EDV-Dienstleistungs GmbH, Landstraßer Hauptstraße 5, 1030 Wien, (hereinafter called C&S). The Bank and C&S are not obliged to accept a card contract. The card contains the first and second name of the card owner, the card number and the expiry date. Immediately after receipt the card owner must sign the card in the designated area. If this is not done he will be completely responsible for all damages that occur if the card is used after being lost or stolen ( see item 6.). With the acceptance and use of this card the card owner accepts these general terms and conditions. All cards issued remain the property of the Bank. It cannot be transferred. The annual fee for the ÖT-Card is € 10.–/ATS 137.60 and will be included annually in the periodic settlement for the month in which the card was first issued.
2. Period of validity
The card will be issued for three years. It expires at the end of the month that is embossed on the card and the year that is specified on the card. After expiry or if the card becomes invalid according to Article 6 the card owner is responsible for preventing a further use of the card which causes damages.
3. Use of the card
Using his card within the agreed purchase limit, the card owner is entitled to receive ÖT products and services from the on-line ÖT partner companies (hereinafter called partner companies) at the same price and under the same conditions as cash-paying customers. At the request of the partner companies an ID with photo has to be presented. The C & S and the Bank accept no liability if a partner company for whatever reason refuses to accept the card.
4. Payment with the card
The purchase of goods/services is effected with the signature of the card owner on the invoice presented to him. The signature on the invoice must the same as on the card. With his signature the card owner agrees to the correctness of the content and amount of the invoice and irrevocably instructs the Bank to directly pay the partner company the amount owed for the goods/services and which the Bank now accepts. The same applies when the card owner gives his card number, but does not show his card or give his signature when ordering special offers, goods or services in writing, by telephone or with any other means. If the card is demonstrably misused for a distant selling contract the card owner can ask the Bank to cancel the illegal sale. When ordering telephonically or presenting the card personally the card owner is obliged to give the card issuer information on the length of validity, the card number, the dated of birth of the card owner and the address of the card owner. If the card owner refuses to give information on any of the above the card issuer may refuse to debit the card in question.
5. Settlement/Billing/Claims
The Bank will book the purchases made by the card owner as well as the payments according to Article 10. in an account which has been opened after the signing of card contract using a current account method according to trade law § 355. In addition, all payments and fees which have to be made by the card owner according to these conditions and other possible costs e.g. reminders (1. reminder € 10.90/ATS 150.–, 2. reminder € 21.80/ATS 300.–), address enquiries, card cancellation, prosecution and, if necessary, interest will be charged to this account. The account will be closed twice monthly. Billing will take place on the first and third Tuesday of each month. The card owner will be informed of the resulting balance in the form of a debit entry on his giro account and a print out of the transactions. The card owner accepts the amount and content of the debit entry if he does not object in writing within 30 days after the entry. The card owner agrees to deal with complaints (e.g. reminders) and differences of opinion directly with the partner company. Such complaints/differences of opinion respectively a claim by C&S or the Bank do not absolve the card owner from his obligation to pay his bills according to Article 10., but his right remains to counter claim against the claims in the monthly billing as long as this is legally connected, established by a court or is accepted by the Bank.
6. Conduct and liability in case of loss
In addition to being liable for misuse the card owner is obliged to keep his card in safe custody ( leaving it in a car, rooms or places that third parties can easily access are for example not safe custody ). If the card is nevertheless lost or stolen the card owner must report it immediately (e.g. telephonically, telegraphically or personally) to C&S or the Bank. In addition the loss or theft must be reported to the local police. When the loss or theft is reported to C&S or the Bank the card will be cancelled and the card owner freed of further liability. If the card which was reported lost or stolen is found it should be returned to C&S or the Bank immediately. In the case of loss/theft the card owner will be charged a fee of € 10.–/ATS 137.60 for the cancellation and the replacement card.
If the card owner does not keep the card in safe custody, or leaves it in a car which is not use the card owner is liable until the report of loss or theft is received by C&S or the Bank for the misuse of the card and the resulting claims up to the sum of € 1,090.90/ATS 15,000,–. When the report is received by C&S or the Bank the card will be cancelled and the card owner freed of further liability.
7. Card cancellation
C&S and the Bank are authorised to inform the partner companies of the number of a card that has been cancelled because it has been reported as missing by the card owner. This also applies to cards which do not fulfil the requirements in Article 9 last sentence respectively cards that are no longer valid due to the termination of the contract. All partner companies are authorised to confiscate cancelled cards in the name of the Bank.
8. Termination
The card contract which is indefinitely valid can be terminated by the card owner in writing at any time when he returns the card. The termination is effective when the Bank receives the notice of termination and the card. If however the termination takes place within 60 days before the card expires ( Article 2 ) the costs for the production of a new card which has already been made ( according to article 13 ) will be charged to the card owner. It is recommended that the card owner destroys the card ( e.g. cutting ) before returning it. C&S and the Bank can also at any time terminate the contract. If the contract is terminated by C&S or the Bank the card owner must pay the amount mentioned in the notice of termination within the time limit given in the notice. If C&S or the Bank terminate the contract because the card owner has not complied with these general terms and conditions they are entitled to charge the card owner a fee of € 36.34/ATS 500
9. Forbidden use of the card
The use of the card is forbidden if it is expired according to article 2., invalid according to article 6. or terminated according to article 8. Also the card owner is only allowed to use the card as long as he is capable of paying the periodic bills within the time limit defined in article 10.
10. Payment of bills
The payment of the periodic bills are made on the following work day of the periodic bill by collection of the total amount from the giro account given to the Bank by the card owner. By default of payment the card owner will be charged debit interest on the balance which has not been paid. This balance will be carried over to the next bill. The card owner must make sure that the giro account given to the Bank has a balance which will cover the necessary amount at the time of collection. In the case of default of payment a debit interest of 16,5 % p.a. monthly will be used.
11. Change in address or bank
The card owner must immediately inform C&S or the Bank in writing of any change in address or bank details. Statements from C&S or the Bank that are sent to the last known address are considered delivered even if the card owner has not informed C&S or the bank of a change in address
12. Amendments to the general terms and conditions
An amendment to the general terms and conditions, especially billing of charges, expenses, costs and fees, the debit interest and default interest rates will be given to the card owner in writing. It becomes valid 14 days after delivery and is considered accepted if the card owner does not return the card or give notice of termination in writing within this period. The Bank will especially inform the card owner about the amendment, the 14 day time limit, the starting date of the time limit and the consequences of his actions. The return of the card respectively the termination do not free the card owner of his liability for charges up to that point in time.
13. Card prolongation
The card owner authorises the Bank to produce a new card before the expiry date and to send it to the last known address provided the contract has not been terminated. ( but see item 8. 3rd sentence )
14. Banking confidentiality/data protection provision
The card owner agrees that VISA-SERVICE Kreditkarten AG, Cards & Systems EDV-Dienstleistungs GmbH, the Ticket Express GmbH clearing centre that VISA-SERVICE Kreditkarten AG uses, can record his data and use them amongst themselves to conduct business in connection with this service respectively out of operational necessity and for the purpose of advertising. The agreement to use the data for advertising can be cancelled at any time. The card owner agrees according to § 38 Abs.2 Ziff.5 BWG that a use of the card that is in contradiction to the „ terms and conditions for the use of the ÖTCard“ will be reported to the warning list of the Austrian Credit Institutions run by the „Kreditschutzverband von 1870“. This list is used for the protection of creditors and to minimize risk by giving advice of customer behaviour in breach of contract
Further, the card owner agrees according to § 38 Abs.2 Ziff.5 BWG that data in conjunction with a possible overdraft, a possible breach of contract and a possible legal action in connection with the afore mentioned by the credit institution will be reported to the Konsumentenkreditevidenz (Consumer loan evidence) at the „Kreditschutzverband von 1870“ that serves as an overseer of legal obligations.
15. Additional conditions
Apart from that the „ General terms and conditions of Austrian Credit Institutions“ that are posted in the Bank and all of its branches as well as all other credit institutions will be valid for this contract.
16. Applicable jurisdiction and place of jurisdiction
Austrian law will apply. Place of jurisdiction is Vienna, provided that it is not a consumer transaction according to § 1 consumer protection law.
You can download the general terms and conditions as a PDF (link) here. <--!>
According to banking law § 1,Abs. 1,Zi. 6 the issuing credit institution of the ÖsterreichTicket Card (hereinafter called ÖT-Card ) is VISA-SERVICE Kreditkarten AG, 1030 Wien, Invalidenstr. 2 (hereinafter called Bank). The Bank has sub-contracted the handling of the card business to Cards & Systems EDV-Dienstleistungs GmbH, Landstraßer Hauptstraße 5, 1030 Wien, (hereinafter called C&S). The Bank and C&S are not obliged to accept a card contract. The card contains the first and second name of the card owner, the card number and the expiry date. Immediately after receipt the card owner must sign the card in the designated area. If this is not done he will be completely responsible for all damages that occur if the card is used after being lost or stolen ( see item 6.). With the acceptance and use of this card the card owner accepts these general terms and conditions. All cards issued remain the property of the Bank. It cannot be transferred. The annual fee for the ÖT-Card is € 10.–/ATS 137.60 and will be included annually in the periodic settlement for the month in which the card was first issued.
2. Period of validity
The card will be issued for three years. It expires at the end of the month that is embossed on the card and the year that is specified on the card. After expiry or if the card becomes invalid according to Article 6 the card owner is responsible for preventing a further use of the card which causes damages.
3. Use of the card
Using his card within the agreed purchase limit, the card owner is entitled to receive ÖT products and services from the on-line ÖT partner companies (hereinafter called partner companies) at the same price and under the same conditions as cash-paying customers. At the request of the partner companies an ID with photo has to be presented. The C & S and the Bank accept no liability if a partner company for whatever reason refuses to accept the card.
4. Payment with the card
The purchase of goods/services is effected with the signature of the card owner on the invoice presented to him. The signature on the invoice must the same as on the card. With his signature the card owner agrees to the correctness of the content and amount of the invoice and irrevocably instructs the Bank to directly pay the partner company the amount owed for the goods/services and which the Bank now accepts. The same applies when the card owner gives his card number, but does not show his card or give his signature when ordering special offers, goods or services in writing, by telephone or with any other means. If the card is demonstrably misused for a distant selling contract the card owner can ask the Bank to cancel the illegal sale. When ordering telephonically or presenting the card personally the card owner is obliged to give the card issuer information on the length of validity, the card number, the dated of birth of the card owner and the address of the card owner. If the card owner refuses to give information on any of the above the card issuer may refuse to debit the card in question.
5. Settlement/Billing/Claims
The Bank will book the purchases made by the card owner as well as the payments according to Article 10. in an account which has been opened after the signing of card contract using a current account method according to trade law § 355. In addition, all payments and fees which have to be made by the card owner according to these conditions and other possible costs e.g. reminders (1. reminder € 10.90/ATS 150.–, 2. reminder € 21.80/ATS 300.–), address enquiries, card cancellation, prosecution and, if necessary, interest will be charged to this account. The account will be closed twice monthly. Billing will take place on the first and third Tuesday of each month. The card owner will be informed of the resulting balance in the form of a debit entry on his giro account and a print out of the transactions. The card owner accepts the amount and content of the debit entry if he does not object in writing within 30 days after the entry. The card owner agrees to deal with complaints (e.g. reminders) and differences of opinion directly with the partner company. Such complaints/differences of opinion respectively a claim by C&S or the Bank do not absolve the card owner from his obligation to pay his bills according to Article 10., but his right remains to counter claim against the claims in the monthly billing as long as this is legally connected, established by a court or is accepted by the Bank.
6. Conduct and liability in case of loss
In addition to being liable for misuse the card owner is obliged to keep his card in safe custody ( leaving it in a car, rooms or places that third parties can easily access are for example not safe custody ). If the card is nevertheless lost or stolen the card owner must report it immediately (e.g. telephonically, telegraphically or personally) to C&S or the Bank. In addition the loss or theft must be reported to the local police. When the loss or theft is reported to C&S or the Bank the card will be cancelled and the card owner freed of further liability. If the card which was reported lost or stolen is found it should be returned to C&S or the Bank immediately. In the case of loss/theft the card owner will be charged a fee of € 10.–/ATS 137.60 for the cancellation and the replacement card.
If the card owner does not keep the card in safe custody, or leaves it in a car which is not use the card owner is liable until the report of loss or theft is received by C&S or the Bank for the misuse of the card and the resulting claims up to the sum of € 1,090.90/ATS 15,000,–. When the report is received by C&S or the Bank the card will be cancelled and the card owner freed of further liability.
7. Card cancellation
C&S and the Bank are authorised to inform the partner companies of the number of a card that has been cancelled because it has been reported as missing by the card owner. This also applies to cards which do not fulfil the requirements in Article 9 last sentence respectively cards that are no longer valid due to the termination of the contract. All partner companies are authorised to confiscate cancelled cards in the name of the Bank.
8. Termination
The card contract which is indefinitely valid can be terminated by the card owner in writing at any time when he returns the card. The termination is effective when the Bank receives the notice of termination and the card. If however the termination takes place within 60 days before the card expires ( Article 2 ) the costs for the production of a new card which has already been made ( according to article 13 ) will be charged to the card owner. It is recommended that the card owner destroys the card ( e.g. cutting ) before returning it. C&S and the Bank can also at any time terminate the contract. If the contract is terminated by C&S or the Bank the card owner must pay the amount mentioned in the notice of termination within the time limit given in the notice. If C&S or the Bank terminate the contract because the card owner has not complied with these general terms and conditions they are entitled to charge the card owner a fee of € 36.34/ATS 500
9. Forbidden use of the card
The use of the card is forbidden if it is expired according to article 2., invalid according to article 6. or terminated according to article 8. Also the card owner is only allowed to use the card as long as he is capable of paying the periodic bills within the time limit defined in article 10.
10. Payment of bills
The payment of the periodic bills are made on the following work day of the periodic bill by collection of the total amount from the giro account given to the Bank by the card owner. By default of payment the card owner will be charged debit interest on the balance which has not been paid. This balance will be carried over to the next bill. The card owner must make sure that the giro account given to the Bank has a balance which will cover the necessary amount at the time of collection. In the case of default of payment a debit interest of 16,5 % p.a. monthly will be used.
11. Change in address or bank
The card owner must immediately inform C&S or the Bank in writing of any change in address or bank details. Statements from C&S or the Bank that are sent to the last known address are considered delivered even if the card owner has not informed C&S or the bank of a change in address
12. Amendments to the general terms and conditions
An amendment to the general terms and conditions, especially billing of charges, expenses, costs and fees, the debit interest and default interest rates will be given to the card owner in writing. It becomes valid 14 days after delivery and is considered accepted if the card owner does not return the card or give notice of termination in writing within this period. The Bank will especially inform the card owner about the amendment, the 14 day time limit, the starting date of the time limit and the consequences of his actions. The return of the card respectively the termination do not free the card owner of his liability for charges up to that point in time.
13. Card prolongation
The card owner authorises the Bank to produce a new card before the expiry date and to send it to the last known address provided the contract has not been terminated. ( but see item 8. 3rd sentence )
14. Banking confidentiality/data protection provision
The card owner agrees that VISA-SERVICE Kreditkarten AG, Cards & Systems EDV-Dienstleistungs GmbH, the Ticket Express GmbH clearing centre that VISA-SERVICE Kreditkarten AG uses, can record his data and use them amongst themselves to conduct business in connection with this service respectively out of operational necessity and for the purpose of advertising. The agreement to use the data for advertising can be cancelled at any time. The card owner agrees according to § 38 Abs.2 Ziff.5 BWG that a use of the card that is in contradiction to the „ terms and conditions for the use of the ÖTCard“ will be reported to the warning list of the Austrian Credit Institutions run by the „Kreditschutzverband von 1870“. This list is used for the protection of creditors and to minimize risk by giving advice of customer behaviour in breach of contract
Further, the card owner agrees according to § 38 Abs.2 Ziff.5 BWG that data in conjunction with a possible overdraft, a possible breach of contract and a possible legal action in connection with the afore mentioned by the credit institution will be reported to the Konsumentenkreditevidenz (Consumer loan evidence) at the „Kreditschutzverband von 1870“ that serves as an overseer of legal obligations.
15. Additional conditions
Apart from that the „ General terms and conditions of Austrian Credit Institutions“ that are posted in the Bank and all of its branches as well as all other credit institutions will be valid for this contract.
16. Applicable jurisdiction and place of jurisdiction
Austrian law will apply. Place of jurisdiction is Vienna, provided that it is not a consumer transaction according to § 1 consumer protection law.
You can download the general terms and conditions as a PDF (link) here. <--!>
