Reward Shop Terms & Conditions
1. Access to the Reward Shop
1.1 Reward Shop
The Reward Shop is part of the loyalty program of Etihad Guest LLC ("Etihad Guest", "we") The loyalty program is referred to as "Etihad Guest Program". The use of the Reward Shop is exclusively for eligible members of Etihad Guest Program ("Member" or "Members") who are aged 18 or older, and who can enter into legally binding agreements. The rules relating to the use of the Reward Shop are set out below and should be read in conjunction with the Etihad Guest Reward Shop Terms of Use
Members can use their Etihad Guest miles ("Mile" or "Miles") along with another means of payment to pay for goods, services, vouchers or coupons (together "Reward(s)") offered from independent merchants ("Merchants") or to enter into raffles.
1.2 Acceptance of Terms & Conditions
By accessing the Reward Shop website ("Site") or any website linked to the Site and making transactions through the Site, specifically by clicking the "I AGREE" and/or similar buttons, Etihad Guest Program Member ("you") expressly indicate your acknowledgment and acceptance of the rules applicable to the Reward Shop and the Reward Shop Privacy Notice
1.3 Acceptance of Electronic Communication
Merchants may send you email service communications, including purchase confirmation emails, and you agree that such electronic communications satisfy any legal requirements that such communications be in writing. Service communications cannot be opted out of and therefore if you do not wish to receive these communications, you will not be able to redeem Miles or make any purchases using the Site.
1.4 Relationship between You and Merchants
Rewards are sold and distributed by independent merchants ("Merchant(s)") who make available such Rewards directly to you via the Site.
When you purchase a Reward, you directly enter into an agreement with the respective Merchant. Etihad Guest only provides the access and the technical platform for you to purchase Rewards directly from the Merchant. You agree and acknowledge that separate terms and conditions of the relevant Merchant will apply to certain Rewards. You agree to abide to such applicable terms and conditions, including but not limited to, rules and restrictions on availability, shipment and delivery terms, notification of defects, return and refund policies, money back guarantees and claims for damages. Etihad Guest will not become a party to the transaction between you and the Merchant. You should read the terms and conditions of the respective Merchant on the Merchant Details tab as you will need to accept that Merchant’s terms and conditions prior to making a purchase.
1.5 Use of the Site
You may only use the Site to make legitimate purchases and shall not use the Site for any other purposes, including making any speculative, false or fraudulent purchases. By accessing and/or using the Site you authorize us to consider any person using your information a legitimate user. Purchases can be made only by you. Etihad Guest bear no responsibility for any consequences of illegal use of your login details. We reserve the right to refuse access to the Site in cases we deem to constitute misuse.
1.6 Restriction on Use
Etihad Guest will not be held responsible for the exclusion of Members who use the Site unlawfully.
2. Customer Service
For questions related to any product purchased in the Site or to your order, please contact the relevant Merchant. For general questions related to the Reward Shop itself and the redemption types, please visit https://www.etihadguest.com/en/contact-us.html?_linkNav=contact_us
3. Redemption Types
3.1 Buying
Through this redemption type, Members can purchase Rewards from Merchants in exchange for Miles, or a combination of Miles and cash by debit card or credit card. For each transaction, the use of at least one Mile is mandatory. Please see section 4 below for further details.
3.2 Donating
Through this redemption type, you can redeem Miles by making donations or contributions to Etihad Guest’s designated charities. Donations can only be made in Miles.
3.3 Raffles
Members can redeem Miles for raffle tickets to win specified prizes ("Prizes") published on the Site. To enter you must redeem the specified number of Miles for a prize draw ticket, as set out on the raffles section of the Site. Miles are deducted from your account once you have placed your ticket(s) order. Tickets cannot be purchased with cash or money equivalent. This redemption type will only be available in jurisdictions where permitted by applicable law.
3.3.1 Eligibility
Entry into raffles or the winning or claiming of Prizes is open to Members over the age of 18 years who are resident in the Unite Arab Emirates. Entry is not open to Members located in jurisdictions where such draws are prohibited by law or regulation or to any of Etihad Guest’s affiliates, subsidiaries, directors, test-users, employees, or members of such employees’ immediate families.
3.3.2 Raffle Rules
Each raffle start and closing period, time and date of draw and all other applicable terms will be published on the Site. Members will be deemed to have accepted the rules of a raffle when they redeem Miles towards raffle ticket(s).
3.3.3 Participation
In order to participate in a raffle, you must purchase at least one raffle ticket. You can purchase multiple raffle tickets for the same draw. Multiple raffle tickets will mean multiple raffle entries, and thus multiple chances to win in the draw. The purchase of a raffle ticket and therefore the participation in the specific draw is considered "completed" once you see the respective confirmation page. In case the purchase for a raffle ticket is interrupted and the confirmation page is not displayed, you must repeat the purchase process. After the purchase of raffle ticket(s), you will automatically participate in the specific draw for which you purchased the raffle ticket(s).
3.3.4 Winners and Confirmation of Identity
After a raffle is closed, the winner will be drawn at random and the decision shall be final. The winner will be informed by email, with his/her consent. The winner may be required to confirm their identity and legal age by providing a copy of the relevant page of their passport, driving license or national identity card to us. Following receipt and verification of the details above, the winner will be contacted in order to make arrangements for delivery of the respective prize ("Prize").
3.3.5 Winner’s Information
Unless you notify us otherwise, the information you provide when entering a raffle will be used by us to administer the raffle(s), including entering your information into the raffle, notifying you in case of a win, allocating Prizes and publishing your information in a winner’s list. Refer to the Privacy Notice for more information on how your data is handled.
3.3.6 Unclaimed Prizes/Ineligible Entries
In case the winner does not, for any reason whatsoever, accept or claim a Prize, or should it be determined that the winner was not eligible to participate in or was expelled from the raffle for any reason the raffle shall be redrawn.
3.3.7 Raffle Cancellations
We reserve the right to cancel any raffle, for any reason, before or after all or some of the raffle tickets have been sold. In these circumstances we will return the Miles redeemed to all participants in the cancelled raffle without obligation to pay any interest whatsoever.
3.3.8 Late/Unsuccessful Entry
We accept no responsibility for entries which are not successfully received, or which are delayed due to a technical fault, technical malfunction, computer hardware or software failure, satellite, network or server failure of any kind.
3.3.9 No Conversion of Prizes
The conversion of a Prize into a cash amount and the payment of such cash amount to the winner or any similar transactions is not possible.
3.3.10 Substitute Winner
In case a winner does not, for any reason whatsoever, accept or claim a Prize within a reasonable time, or should it be determined that any winner was not eligible to participate in or was expelled from the raffle for any reason, the Prize shall be awarded to a substitute winner, in the sequence of their draw. If necessary, a new winner shall be drawn from the existing raffle pool.
3.3.11 Applicable Law
The rules relating to raffles are governed by the laws of Switzerland. As a consumer, you will benefit from any mandatory provisions of the law of the country in which the promotion takes place. Nothing in these terms and conditions, including reference to this governing clause, affects your rights as a consumer to rely on such mandatory provisions of local law.
By entering into a raffle, you confirm that you are not breaching any laws in your country of residence regarding the legality of entering into the raffle. In case you participate in a raffle although applicable jurisdiction prohibits raffles and/or raffle participation, we reserve the right not to ship the Prize. We will not be held responsible if you enter into any raffle unlawfully. If in any doubt you should check with the relevant authorities in your country.
4.
4.1 General
You can purchase Rewards via the Site either with Miles, or with any combination of Miles and cash (by debit card or credit card).
4.2 Payment with Miles
You may purchase a Reward for such amount of Miles as indicated on the Site, provided that you have sufficient Miles available on your account at the time of purchase. Miles that are not yet accrued and credited to your account at the time you place the purchase order are not available for redemption. Should you not have sufficient Miles available at your account at the time of the purchase, or should you prefer to pay only part of the Reward in Miles, you may pay the difference in cash (by debit card or credit card) in accordance with these terms and conditions. Miles are deducted from your account as soon as a Reward is purchased.
4.3 Payment by Payment Card or Credit Card
You may pay part of the Reward price in cash by debit card or credit card. For payments by debit card or credit card, a secure Credit Card Internet Gateway Service (with for example 3D Secured) is used. The communication with the payment gateway happens via https. The amount as indicated on the Site for the respective Reward will be collected by Etihad Guest on behalf of the Merchant.
4.4 Conversion into Cash
The conversion of Milesinto a cash amount and the payment of such cash amount to you or any similar transaction is not possible, not even in the case of the return of a Reward or the refusal of access to the Site.
4.5 Reclaim of Miles
Rewards purchased by you with Miles that have not been properly debited to your account can be reclaimed by us at any time.
5. Shipping, Handling and Return of Rewards
5.1 General
For shipping, handling, returns or other delivery, the terms and conditions as set out in the relevant Merchant Details tab on the Site are exclusively applicable.
5.2 Shipping
Physical Rewards are sent only to the address explicitly provided with a specific order. Digital Rewards (including coupons and vouchers) can be downloaded via a link in the email sent to the address provided with a specific order. Delivery dates cannot be guaranteed and we do not assume any liability for failed deliveries caused by incorrect physical or email addresses, absence of the recipient, customs issues, force majeure or other reasons not under our reasonable control. Please contact the Merchant in case of non-delivery of the Reward beyond the estimated delivery time stipulated on the order confirmation page. Any non delivery claims received later than 3 months from order date can no longer be processed.
5.3 Fees & Taxes
The prices on the Site include all taxes and shipping and handling fees of the Merchant unless otherwise specified. Nevertheless, for some Rewards, you may be required to pay and may bear in addition local duties and taxes such as for example VAT and/or luxury or customs taxes depending on your local jurisdiction. Please check with your local customs authorities prior to purchasing a Reward.
5.4 Withdrawal Period
Where required by applicable law, Merchants give a 14-day withdrawal period dating from the day on which you received the Reward. The withdrawal period shall however always comprise at least 7 working days from the day on which you received the Reward. During this period, you have the right to withdraw from the purchase by notifying the Merchant and returning the unused and undamaged products in original packaging to the Merchant's address within 14 days of notifying the Merchant. Rewards returned thereafter can no longer be considered for refund or exchange nor can the Miles be refunded unless specified otherwise. There may be a longer withdrawal period or no withdrawal period for perishable or customized items or for digital products or downloads – please refer to the Merchant Details tab on the Site for more details.
5.5 Return Handling
In case a Merchant grants a return period that exceeds any legally required withdrawal period, such terms as set out in the relevant Merchant Details tab in the Site are exclusively applicable. In case of (i) returns in accordance with the applicable terms and conditions of the relevant Merchant, or (ii) unsuccessful delivery due to your actual fault (e.g. insufficient or incorrect delivery address or no physical acceptance of the Reward at the nominated delivery address) you may be charged with incurred credit card fees, additional shipping and handling fees, and any other taxes and expenses in connection therewith.
5.6 Guarantee Period
In case of an existing fault in a Reward, such guarantee periods, if any, as set out in the relevant Merchant Details tab are exclusively applicable.
6. Personal Information
6.1 Processing of Personal Information
We process personal information as required to operate the Etihad Guest Reward Shop as explained in the Etihad Guest Reward Shop Terms of Use and Privacy Notice.
6.2 Confidentiality of Credentials
Access to and use of password protected and/or secure areas of the Site is restricted to authorised persons only. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution. You are responsible for maintaining the confidentiality of your credentials, including your account and password, and for restricting access to your computer to prevent unauthorised access to the Site. You agree to accept responsibility for all redemption and other activities that occur under your account or password. You should take all necessary steps to ensure that the credentials are kept confidential and secure and should inform Etihad Guest immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner.
7. Limitation of Liability
7.1 Contracting Party
When purchasing Rewards through the Site, you enter into a purchase agreement with the relevant Merchant of the product, and not Etihad Guest. You expressly acknowledge and agree that Merchants are independent contractors and not employees or agents of Etihad Guest. Etihad Guest is not liable for the acts, errors, omissions, representations, warranties or negligence of the Merchants. Etihad Guest shall not be responsible for or liable to you in connection with any restrictions, qualifications, or other terms and conditions imposed by the Merchant on any reward items. As far as permissible by applicable law, Etihad Guest hereby disclaims any product or other liability, whether based on contract, tort, strict liability or otherwise, including without limitation liability for any direct, punitive, special, consequential, incidental or indirect damages, in connection with the Rewards provided by any Merchant through the Site, including without limitation liability for any act, error, omission, injury, loss, accident, delay or irregularity which may be incurred through the fault, negligent or otherwise, of such Merchant and you hereby expressly exonerate Etihad Guest from any liability with respect to the same. To the extent permitted by law, Etihad Guest exclude all liability to you or other person of whatsoever nature in respect of any negligence, willful misconduct, poor service or other breach of obligation arising out of the provision or failure to provide the services by or on behalf of a Merchant.
7.2 No Warranty
Etihad Guest does not warrant or represent that the content on the Site or any website linked to the Site is complete or up-to date. Etihad Guest is under no obligation to update any content on the Site. Etihad Guest may change the content on or make improvement or changes of the Site at any time without notice. The information, products, and descriptions of Rewards and other services published on the Site or a linked site may include inaccuracies or typographical errors, and to the extent permitted by law, Etihad Guest specifically disclaims any liability for such inaccuracies and errors.
7.3 Limitation of Liability
You agree that Etihad Guest and its affiliates, shareholders and any of their respective officers, directors, employers, or agents will not be liable, whether in contract, tort, strict liability or otherwise, for any indirect, punitive, special, consequential, incidental or indirect damages (including without limitation lost profits, cost of procuring substitute service or lost opportunity) arising out of or in connection with the use of the Site, or with the delay or inability to use the Site or a linked site, even if they have been made aware of the possibility of such damages. This limitation of liability includes, but is not limited to, the transmission of any virus which may infect your equipment, failure of mechanical or electronic equipment or communication lines, telephone or other interconnect problems, unauthorized access, theft, operator errors, strike or other labor problems or any force majeure. Etihad Guest cannot and does not guarantee continuous, uninterrupted or secure access to the Site.
7.4 Legal Remedies
Etihad Guest reserves the right to seek all remedies available at law and in equity for any misuse of the Site and/or violations of these rules, including the right to block access from a particular internet address and to exclude you from accessing the Site.
8. Subcontracting
The Site is operated by Loylogic on behalf of Etihad Guest. Payment card transactions are processed by Loylogic Inc, Seestrasse 78, 8703 Erlenbach, Switzerland, on behalf of Etihad Guest. The Loylogic parties are not a party to any contract with you and/or with a Merchant in relation with the Site. You expressly acknowledge and agree that neither of these parties will have any liability to you to the maximum extent permitted by law, and, in particular, that the limitation of liability under sec.7 above will apply as between you and any of these parties to their benefit.
9. Copyrights Trademarks & Patents
The trademarks, logos and service marks (collectively "Marks") displayed on the Site are the property of Etihad Guest or of the Merchant or other third party, as the case may be. You are prohibited from using any Marks for any purpose including, but not limited to, the use as metatags on other pages or sites on the World Wide Web without the written permission of Etihad Guest or such other party which may own the Marks. All information and content including any software programs available on or through the Site (collectively "Content") is protected by copyright. You are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any Content available on or through the Site for commercial or public purposes. You take note that one or more patents apply to the features and services accessible via the Site, including without limitation: Loylogic's U.S. Patent No. 7,698,185 and U.S. Patent No. 8,533,083.
10. Exchange Rates
All exchanges rates displayed on the Site in connection with any reward transactions are under license from https://www.xe.com/
11. Updates to Terms and Conditions
These terms and conditions may be updated from time to time. Any changes will become effective upon our posting of the terms and conditions on the Site. We will provide notice to you if these changes are material and, where required by applicable law, we will obtain your consent. This notice will be provided by email or by posting notice of the changes on the Site.
12. Governing Law
These terms and conditions are governed by the laws of Switzerland. You hereby consent to the exclusive jurisdiction and venue of the courts in Zurich, Switzerland in all disputes arising out of or relating to the use of this Site. As a consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident. Nothing in these terms and conditions, including reference to this governing clause, affects your rights as a consumer to rely on such mandatory provisions of local law.
Reward Visa Card
Terms & Conditions
THESE TERMS AND CONDITIONS APPLY IF YOU REGISTER FOR A VIRTUAL REWARD VISA CARD
1. Card Issuance/ Contracting parties
Cornèr Banca SA (hereinafter referred to as ("the Bank") shall issue in favour of the card applicant (hereinafter referred to as "the Cardholder") a personal and non-transferable Visa Prepaid Loylogic Card (hereinafter referred to as "the Card") upon the Bank's acceptance of the Card application submitted by Card applicant. The Card may be issued physically by providing a plastic card and a secret personal identification number (hereinafter referred to as "the PIN") or virtually without providing a plastic card and a PIN). These General Terms and Conditions shall apply, to the extent applicable, likewise to physical and virtual Cards.
Upon acceptance of the Card application by the Bank and at any and all times thereafter, the Cardholder directly enters into a Card agreement with the Bank as the Card issuer. Loylogic AG, is the responsible service provider and partner of the Bank (hereinafter referred to as "the Service Provider"). The Cardholder expressly agrees and accepts that any claims arising out of such Card agreement can only and exclusively be made against the Bank as the Card issuer, subject to the limitations provided for in Sections 3 and 4 hereinafter and the Service Provider expressly disclaims any such liability except for the process of converting accrued miles or points into funds as per Section 2, the delivery of the Card, the PIN and other personalized security features as per Section 8, and any consequences arising from the use or nonuse of the online access functionalities as per Section 9.
2. Validity/ Loading/ Spending Limit
The Card shall remain valid until the date engraved upon it. If so requested, the Bank may replace the Card before it is due to expire. The Cardholder shall undertake to sign the Card as soon as he/ she receives it. The Cardholder shall update his/her profile immediately in case of any changes provided on the Card application, in particular of changes in personal data or address. If the Card is replaced, the balance of the old Card shall be transferred to the new Card, after deduction of any fees.
The Card will be exclusively loaded by the Service Provider via its bank account established with the Bank. Such loading operation shall be exclusively generated as a result of the conversion of accrued miles or points in virtue of a specific electronic tool developed by the Service Provider permitting such conversion. The Cardholder explicitly agrees to such loading operation by the Service Provider including but not limited to the back and forth transfer, debit, and/or credit of miles and points between the Cardholder's miles or points account and the Card. The Cardholder acknowledges that the Bank assumes no responsibility whatsoever with regard to the process of converting accrued miles or points into funds that are loaded or supposed to be loaded on the Card.
The Card can be used up to the amount transferred by the Service Provider. The spending limit shall decrease as Card usage increases but shall rise as subsequent transfers (hereinafter referred to as "reloads") are made to the Card. The spending limit does not earn any interest. Card spending above the spending limit shall not be allowed; should this limit nevertheless be exceeded, the Cardholder shall repay the excess amount immediately and in full and Service Provider reserves the right to make such points or miles withdrawal from Cardholder's account.
3. Use of the Card/ Safeguarding of the Card and PIN/ Limitation of liability
The Cardholder is authorised to purchase goods and services from affiliated merchants worldwide, provided that they are equipped with the electronic acceptance device for Visa Cards which requires the PIN or the signature. Cash withdrawals from ATM's or banks are excluded unless provided otherwise. The Service Provider and the Bank expressly disclaim any liability for purchases made by a party other than the Cardholder.
The Card must be kept in a safe place and protected against unauthorized access or use by third parties at all times. The Cardholder shall neither write down his/her PIN anywhere nor disclose it to anyone, not even to persons claiming to work for the Service Provider or the Bank and identifying themselves as such. The Cardholder shall be liable for all consequences resulting from his/her failure or the failure of the Cardholder of the Partner Card to comply with the obligation to safeguard the PIN and/or the Card. The Cardholder further acknowledges that neither the Bank nor the Service Provider shall be liable in case of interception of the mobile device and subsequent misuse of the online access functionalities, PIN and/or Card by an unauthorized third party if the mobile device password, online access password, and/or PIN have been stored on the mobile device.
The Cardholder further acknowledges that neither the Bank nor the Service Provider shall be liable in case of interception or misuse of the points engine of the participating loyalty program by an unauthorized third party, or interception or misuse of a mobile device that has been "jailbroken". The Card merely functions as a cashless means of payment. The Bank and the Service Provider shall not be held liable for any transactions conducted with the Card. In particular, the Cardholder shall acknowledge that the Bank and the Service Provider are not liable even if, for any reason, the affiliated merchants do not accept the Card, or accept it only partly. The Cardholder shall further acknowledge that the Bank and the Service Provider are not liable in such an event and shall not file any complaint with the Bank and the Service Provider in connection with the vouchers themselves and/or the Card usages relating thereto. This shall also apply in the case of late delivery of, or failure to deliver, goods or services. In the event of disputes or complaints of any kind concerning goods or services, or the exercise of any right in this connection, the Cardholder shall contact exclusively the affiliated merchant.
In particular, the Cardholder shall not be released from his obligation to pay the Bank the amounts shown on the e-statements in case of any disputes that may arise. The Card may only be used for transactions which are lawful. The Bank and the Service Provider expressly disclaim any liability in case of unlawful transactions and/or fraudulent use of the Card, false information provided on Card application and/or registration, which may lead to criminal and civil prosecution.
4. Acknowledging and Processing of Transactions/ Verification of the Balance
By signing the appropriate voucher when using the Card or by using the PIN, the Cardholder acknowledges the correctness of the amount. Moreover, the Cardholder shall acknowledge the validity of transactions carried out with the Card or with the Card details but without a signature or use of the PIN (on the Internet or over the telephone). The Cardholder irrevocably authorizes the Bank to pay this amount to the affiliated merchant. The Cardholder becomes a debtor of the Bank with regard to the amounts paid by the Bank. The Bank reserves the right not to honor any vouchers which do not comply with these General Terms and Conditions.
All purchases and other transactions made with the Card or with the details on it, as well as all payments, will be treated based on the value and date according to the date of the accounting entry. For Card usage conducted in other currencies (other than the currency of the Card), the Cardholder shall accept the exchange rate used by the Bank.
The Cardholder may at any time view the balance of his/her Card by means of online access functionalities hosted by the Service Provider. The balance includes all transactions notified to the Bank up to the evening of the previous Swiss working day. The e-statement shall be regarded as approved unless it is contested in writing immediately but at any rate no later than 30 days following the accounting entry date. Late notification of contested items shall not be considered.
5. Refund of Balance
Should the Card be cancelled, the Cardholder may ask for reimbursement of the remaining balance after deduction of administrative expenses as indicated in the table in the Card application form or as separately communicated by the Bank.
6. Loss of the Card
If the Card is lost or stolen, the Cardholder must report the event immediately to the Bank by telephone with subsequent confirmation in writing. In the event of theft, the Cardholder must also report the theft to the police. Until such time as the Bank receives such notification of the loss/theft, the Cardholder shall be liable for any fraudulent use of the Card. The Cardholder will be responsible for any transaction which has been made through the use of the Card and his/ her PIN, even after the Card has been reported lost or stolen. He/she shall not be deemed liable if he has exercised all due care in safeguarding the Card. In principle, such a replacement shall not be made until 7 days following such a request.
7. Blocking of the Card
The Bank reserves the right at its discretion to block and/or recall the Card of the Cardholder at any time, without advance warning and without having to give reasons. Its decision cannot be contested. The Bank and the Service Provider shall not be held liable for consequences which might arise for the Cardholder as a result of the blocking or recall of the Card. The use of a blocked Card is unlawful and may result in prosecution, as may the obligations incurred by the Cardholder as a result. The Bank reserves the right to provide the affiliated merchants with any information they may require to obtain the amount due directly from the Cardholder.
8. Transmission of Documentation and Identification Tools
The Cardholder instructs the Bank to deliver the Card, the PIN and other personalised security features issued from time to time by the Bank in his/ her favor as well as the documentation and information related to the use of such Card, PIN or other personalised security features at his/her attention to the Service Provider or its authorized agent. The Service Provider and/or its authorised agent shall be responsible to deliver such tools, documentation and information to the Cardholder by adopting appropriate security measures. The Card and the PIN may be posted to the address provided by the Cardholder in the application form. The Card and the PIN shall be delivered to the Cardholder in different envelopes. The Service Provider and the Bank expressly disclaim any liability for late shipment or none arrival of the Card and/or PIN and any follow up shipment remains at Cardholder's expense. The Card shall remain the property of the Bank at all times.
9. Disclosure of information; online information and e-statement; call center facilities
The Cardholder instructs the Bank to make available to the Service Provider any information related to the Card, in particular information concerning Card issuance, Card use, reloading, etc., in order to enable the Service Provider to administer its relationship with the Cardholder. The Service Provider will provide appropriate online access functionalities and make available to the Cardholder electronically a statement of the executed transactions and Card usages, reloadings, charges and fees (e statement). In the event of discrepancies between the records provided by the Service Provider and the internal accounting records of the Bank, the Bank records shall prevail. The Cardholder explicitly accepts to receive all these information electronically and not on paper. The Bank shall not be liable for any consequences arising from the use or nonuse of the online access functionalities provided by the Service Provider. The Bank will further neither incur any liability with regard to the accessibility or serviceability of such online facilities nor assume any responsibility regarding the execution, non-execution or partial execution of all obligations incurred by the Service Provider in favour of the Cardholder regarding such online access functionalities including, but not limited to, access codes, passwords, etc.
The Bank will make available to the Cardholder, at any time, the Card balance and the e-statements also through its call center.
10. Data Protection
The Bank is committed to maintaining personal data in accordance with the requirements of the Data Protection Act and will take all reasonable steps to ensure that data is kept secure at all times. Unless required by law or elsewhere in these terms and conditions, personal information will not be passed to anyone without the Cardholder's permission. In order to ensure the operability of the Card with VISA network, the Cardholder authorizes the Bank to transmit, in so far as it is necessary, his/ her personal data to third parties, i.e. any entities of the financial sector and to any affiliated merchants/banks, which participate in the relevant international Card payment system, to the Card producers, to the entities which apply the relevant data to the Cards and to the entities which possess the relevant Card license, as well as to the international authorization and clearing authorities. To comply with applicable Know-Your-Client-rules and Anti-Money Laundering Regulations, the Bank, the Service Provider and/or any other business partner (the "Partner") who will introduce the Cardholder to the Service Provider and the Bank, shall be entitled to carry out all necessary verifications regarding the Cardholder's identity. The Cardholder acknowledges and accepts this concept of data processing and accepts further, that his personal data may be used by the Service Provider and the Bank for proper marketing purposes.
11. Fees
The Cardholder shall pay to the Service Provider and/or the Bank the fees concerning the issuance and use of the Cards as well as the services rendered by the Service Provider and/or authorised agents. With regard to the services rendered, the Bank receives recompense from the Service Provider and respectively the Service Provider receives recompense from the Bank. However, the Bank and/or the Service Provider have no obligation to report to the Cardholder on the payment of such amounts. The Cardholder waives any claims to any such recompense. The Cardholder shall be exclusively liable with regards to payment of the Card fees and all obligations arising from the use of the Card and from these Terms and Conditions. All fees due to Card charge backs, administrative fees, lost or stolen Cards or PINS, shall be borne by the Cardholder.
12. Cardholder communications and enquiries
Except where provided otherwise herein, any communication, notification or transmission of information shall be made in the manner agreed upon between the Bank and the Cardholder in any relevant document (i.e. application form) or by means of the Service Provider's website.
13. Privacy/ Verification, Disclosure, Transfer of Information/ Assignment of Agreement/ Acceptance of Agreement /Place of Jurisdiction/Other Conditions
The Bank and/or the Service Provider or its agents shall be authorized to record telephone conversations between it and the Cardholder on quality assurance and security grounds, to store these recordings on data media and to keep them for one year.
Moreover, the Cardholder certifies the data furnished on the Card application to be correct and authorizes the Bank to obtain from public offices, banks and authorized third parties any information deemed necessary for the review and verification of the application. The information and data disclosed to third parties shall, in principle, only be used for the collection and performance of outstanding claims. The Cardholder accepts that data are transmitted to the Bank via the international credit card network even related to transactions taking place in Switzerland.
The Bank may offer to assign or assign all or any of the rights accruing to it from this Card agreement (from use of the Card, annual fee, etc.) to third parties in Switzerland and abroad. It shall be authorized to divulge information and data in connection with this agreement to such third parties at any time. If the third parties are not subject to Swiss banking secrecy, this information shall be divulged only if the recipients of the information and data undertake to keep them secret and make this obligation binding on any other contracted partners. (The information and data divulged to third parties shall, in principle, only be used for the collection and enforcement of outstanding claims.)
The Cardholder has read and understood these General Terms and Conditions and accepts them in full by submitting his or her Card Application. In addition, he shall receive a further copy of these General Terms and Conditions together with his Card. By signing and/or using the Card, the Cardholder confirms acceptance of the General Terms and Conditions. The Bank reserves the right to amend these General Terms and Conditions at any time. The Cardholder shall be informed of such changes by circular letter or in some other appropriate form (i.e. by e-mail, by means of the Service Provider's website, etc.). The changes shall be regarded as accepted by the Cardholder's continued use of Card or if the Cardholder raises no objection within 30 days of notification, whichever is earlier.
All legal relations between the Cardholder and the Bank and/or Service Provider shall be subject to Swiss substantive law with the exclusion of conflict of law principles. The place of performance, the place of special proceedings for the collection of debts owed by Cardholders residing abroad and the exclusive place of jurisdiction for all disputes shall be Lugano, Switzerland, subject to compulsory dispositions of Swiss law. The Bank and/or Service Provider shall, however, also have the right to take legal action against the Cardholder in the competent court of his place of residence or in any other competent court.
Last updated: 22nd April 2024
