General terms and conditions
of Rosenberger Restaurant GmbH
regarding the Rosenberger Bonus Club
(hereinafter the "GTC")
As of [September 2020]
1. Scope of Applicability
1.1. Rosenberger Restaurant GmbH, Vienna Business Park-Turm A / 34, Wie-nerbergstraße 11, 1100 Vienna, registered in the commercial register of the Commercial Court of Vienna under FN 92213h (hereinafter "Rosen-berger”) provides all services in connection with the Rosenberger Bonus Club (hereinafter the "Bonus program”) to the participants in the bonus program (hereinafter respectively a "Participant”, and each Participant together with Rosenberger the "Parties”) on the basis of these GTC, in each case in the version valid at the time the contract is concluded.
1.2. These GTC are binding for all current and future business transactions be-tween the Parties in connection with the bonus program, even if no ex-press reference is made to them. Deviations from these GTC, supplemen-tary agreements or any conflicting GTC of the Participant are only effec-tive if this is confirmed in writing by Rosenberger.
1.3. The bonus program is a Rosenberger loyalty program.
1.4. The Rosenberger services provided to the Participant in the context of the bonus program include free meals (hereinafter "Free consumption”) in accordance with the provisions in point 4 of these GTC as well as the collection of bonus points that the Participant can use to pay for goods and services by Ros-enberger in accordance with the provisions in point 5in these terms and conditions (hereinafter the “Bonus points”)
1.5. Rosenberger may amend the provisions of these GTC at any time, pro-vided that such amendment is based on objective grounds and the cus-tomer is not unduly disadvantaged, whereby such amendments must be announced at least 30 days before they come into effect on the website of the bonus program and by email to the last known e-mail address provid-ed by the Participant. If the customer does not object to the changes with-in 30 days of receipt of the aforementioned announcement in writing by e-mail to firstname.lastname@example.org, the changes shall be deemed to have been accepted. In the case of a timely objection by a Participant, the contrac-tual relationship between the Participant and Rosenberger continues in ac-cordance with the GTC in the version before the announced change.
2. Registration and bonus card
2.1. Participants may be anyone working as a bus driver and/or tour guide who is 18 years of age or older. Participation in the bonus program is lim-ited to professional purposes. Registration as a Participant is prohibited for other people or for private purposes.
2.2. The Participant is obliged to prove the fulfilment of the requirements for participation in the bonus program at the time of registration, and after-wards every six calendar months and at the request of Rosenberger at any time. The Participant is exempt from the obligation to provide evi-dence of activity as a bus driver and/or tour guide, provided that he con-sents to the collection of such information by Rosenberger and Rosen-berger can, without undue effort, collect the evidence independently by making enquiries at the Participant’s employer as specified by the Partici-pant. In the event that the employer specified by the Participant refuses to provide such information, the Participant is obliged to provide such evi-dence himself.
2.3. The Participant may register for the bonus program online on the bonus program website or via tablet at one of the Rosenberger branches (here-inafter referred to as "Rosenberger branch").
2.4. After registering for the bonus program, the Participant receives access to an online user account (hereinafter the "user account").
2.5. The Participant is issued with a physical customer card (hereinafter the "Bonus card") for the purposes of identification of the Participant and of participation in the bonus program. The Bonus card will be sent by post to the postal address provided by the Participant.
2.6. The Participant will furthermore be sent a confirmation email to the email address provided by the Participant for the purpose of identifying the Par-ticipant and as proof of participation in the bonus program.
2.7. When using services from the Bonus club, the Participant has to identify himself by showing the bonus card.
2.8. The Participant is obliged to report any misuse of the Bonus card, damage and/or loss of the Bonus card immediately to the e-mail address email@example.com.
2.9. The Participant is obliged to treat the access data to the user account con-fidentially and not to make it accessible to third Parties, and to protect the Bonus card from loss.
3. Free nature of the Bonus program
Participation in the Bonus program is free of charge.
4. Free consumption
4.1. If the Participant visits a Rosenberger branch in the course of his profes-sional practice as a bus driver and/or tour guide, he is entitled to free consumption. During other visits to a Rosenberger branch, in particular in the context of privately arranged trips, the Participant is not entitled to free consumption.
4.2. There is currently no upper limit for free consumption. However, Rosen-berger reserves the right to introduce an upper limit.
4.3. The availment of free consumption is only possible at the designated cash registers in the respective Rosenberger branch. The Participant must prove/make credible the existence of the prerequisites for free consump-tion at the request of Rosenberger.
5. Bonus points
5.1. If the Participant visits a Rosenberger branch in the course of his profes-sional activity as a bus driver and/or tour guide and has demonstrably brought at least 20 other consuming guests at the respective Rosenberger branch during this visit, the Participant receives 20 bonus points. The bo-nus points are credited to the customer account. The Participant will not receive any bonus points for other visits to a Rosenberger branch, in par-ticular in the context of privately arranged trips or if, in the course of his professional activity as a bus driver and/or tour guide, he brings fewer than 20 other consuming guests to the respective Rosenberger branch.
5.2. The bonus points will only be credited if the Participant proves/makes credible that the requirements for receiving the bonus points are met and identifies himself at one of the cash registers designated for this purpose by presenting the bonus card.
5.3. The Participant can use the bonus points to pay for goods and services in Rosenberger branches and the Rosenberger online rewards shop. One bonus point corresponds to EUR 0.50 (including VAT). The redemption of bonus points in Rosenberger branches is only possible at the cash regis-ters designated for this purpose in the respective Rosenberger branch. In the event of a cancellation of the purchase contract or any other reversal of the transaction, the bonus points used for payment will be credited to the customer account.
5.4. Bonus points are used in the order in which they were acquired (first-in-first-out).
5.5. Bonus points expire 12 months after they have been acquired. Expired bonus points can no longer be used by the Participant to pay for goods or services.
5.6. When using bonus points to purchase goods or services, the respective general GTC and/or other provisions of the Rosenberger branch and/or the Rosenberger online bonus shop apply with regard to the contract con-cluded for this purpose.
5.7. Bonus points are neither transferable for a fee nor free of charge, and cannot be redeemed for cash.
6. Suspension and termination
6.1. Participation in the bonus program is concluded for an indefinite period.
6.2. The Participant is entitled to terminate participation in the bonus program at any time with immediate effect.
6.3. Rosenberger is entitled to terminate participation in the bonus program by giving three months' notice to the end of the calendar month.
6.4. Rosenberger is entitled to terminate the participation of the Participant in the bonus program at any time for important grounds, whereby the fol-lowing in particular are applicable important grounds:
- the persistent violation of the Participant's obligations under these GTC,
- simulating the existence of the prerequisites for the use of free con-sumption and/or the acquisition of bonus points,
- the improper use of the Bonus card,
- the elimination of the prerequisites for participation in the Bonus pro-gram according to point 2.1 of these GTC,
- passing on the bonus card to third Parties and
- a violation of the house rules during a visit to a Rosenberger branch (hereinafter collectively the "Grounds for termination").
6.5. Rosenberger is entitled to temporarily exclude the Participant from partic-ipating in the Bonus club if there is reasonable suspicion that at least one of the grounds for termination exists.
6.6. Rosenberger is furthermore entitled to temporarily exclude the Participant from participating in the Bonus club if the proof in accordance with point 2.2 of these GTC is not provided within a grace period of one calendar month. If the Participant does not provide evidence in accordance with point 2.2 of these GTC within a grace period of two calendar months in to-tal, Rosenberger is entitled to terminate the Participant's participation in the bonus club for just cause.
6.7. If participation in the bonus program is terminated, all bonus points expire with immediate effect. In the event that Rosenberger terminates partici-pation without grounds for termination or contrary to point 6.6 of these GTC, the bonus points expire in accordance with point 5.5 of these GTC.
Rosenberger is only liable to the Participant for damage caused by gross negligence or intent. The liability of Rosenberger for slight negligence is excluded, with the exception of personal injury. The burden of proof for the existence of grossly negligent or intentional causation of damage shall be borne by the Participant.
8. Data protection
Information on the processing of your personal data can be found in our data protection information.
9. Final provisions
9.1. These GTC as well as all agreements made between the Parties in con-nection with the bonus program are subject to Austrian law to the exclu-sion of the UN Sales Convention and the conflict of law rules of interna-tional private law.
9.2. For all disputes between the Parties arising from these GTC or in connec-tion with the Bonus program, the exclusive jurisdiction of the court re-sponsible for Vienna, Inner City, is agreed.
9.3. For declarations within the scope of these GTC, communication by email, even without a digital signature, is deemed to be in writing within the meaning of Section 886 ABGB.
9.4. Should individual provisions of these GTC be ineffective or unenforceable, this shall not affect the validity of the remaining provisions. The inadmis-sible or inadequate provision is to be replaced in the sense of validity-preserving reduction by one that comes closest to its meaning and eco-nomic purpose.