GENERAL TERMS AND CONDITIONS
These General Terms and Conditions define the loyalty program 24CITIESPASS (hereinafter referred to as the Program), which is managed by PORA Razvojna agencija Gornja Radgona, Trg svobode 12, 9250 (hereinafter referred to as PORA Gornja Radgona), and the relations with the members of the Program (hereinafter referred to as Members). Membership in the Program (hereinafter referred to as Membership) is subject to these General Terms and Conditions. By accepting these General Terms and , the person accepts the terms and conditions of the 24CITIESPASS Application User Account and thus agrees to these General Terms and Conditions and their use. In this way, the person becomes a Member of the 24CITIESPASS loyalty program or Holder of the 24CITIESPASS Application User Account (hereinafter referred to as Member). The purpose of the Program is to reward our loyal guests. As described below, members get a 24CITIESPASS User Account by registering and collecting »points with their purchases, which are converted into EUR«. The funds collected can be used for all services provided by providers - partners of the 24CITIESPASS loyalty program.
1. GENERAL MEMBERSHIP RULES
1.1. PORA Gornja Radgona has the right to change these General Terms and Conditions at any time and without prior notice. We may introduce changes that affect the processes, the services in the Program, the rules for collecting and using the funds collected, without limitation. All Membership Rewards are subject to availability, unless otherwise stated. Changes to the General Terms and Conditions will be published in the 24CITIESPASS application. Publication of the amendment shall be deemed to be an indication that Members are aware of the amendment.
1.2. PORA Gornja Radgona may suspend or terminate the Program with six months notice to all active Members and may replace the existing Program with a similar loyalty program immediately upon notification of all active Members. In this case, the Member may not be entitled to collect and use bonuses. When the Program is terminated, any funds collected that have not been redeemed will be withdrawn without any obligation or responsibility on the part of the Manager. The Program may be terminated in whole or in part.
1.3. The issuer and owner of the application is PORA Gornja Radgona.
1.4. The points collected and the Membership are the property of PORA Gornja Radgona. Upon termination of Membership, for any reason whatsoever, all non-cashed funds will be forfeited and the Members right to participate in the Program will lapse. In the event of the death of a Member, all non-cashed funds shall become void.
1.5. Member bonuses received by a Member within the 24CITIESPASS loyalty program are not subject to taxation under the Personal Income Tax Act (Item 7 of Article 19 of the Personal Income Tax Act). According to the provision of point 7 of Article 19 of the Personal Income Tax Act (ZDoh-2), benefits received by an individual when purchasing goods or services, including the occasional receipt of additional goods or services, if such benefits are available, are considered tax-free for all parties on equal terms and not in connection with the employment or activity of an individual).
1.6. Points and other Member Bonuses may not be sold, exchanged or transferred (except by us). We may refuse to use any Points or other Member Bonuses if we believe that they have been sold, exchanged or otherwise improperly transferred.
1.7. PORA Gornja Radgona and the Program Partners participating in the Program are not responsible for: a) loss, misdirection or delay in receiving communications Membership Materials, communications or rewards; b) theft or unauthorized use of Points or other bonuses or use of bonuses in a manner beyond our control; c) acts or omissions of any third party; or d) published errors relating to the Program, without limitation, pricing or clerical errors, errors in the description of the Program, errors in the description of Partners and errors in the allocation or withdrawal of Points from Membership Accounts. However, we have the right to correct any errors without notice.
1.9. We will make every effort to keep the data and information on our application correct and up-to-date, including the links in these General Terms and Conditions. For the latest and most accurate information, please call our application management office (+38641377161). PORA Gornja Radgona is not responsible for the consequences of information that is not updated.
1.10. LIMITATION OF LIABILITY PORA Gornja Radgona is not responsible for any person or action taken in connection with the Program, except for errors in the allocation of funds to Member User Accounts. The only means available to Members in connection with the Program shall be the allocation and withdrawal of funds to and from the Program account, where this is compatible with evidence of Eligible Consumption (e.g. a hotel invoice). In no case we are liable for any damages, especially for indirect damages and lost profits. PORA Gornja Radgona cannot guarantee the operation of the service in the event of a breakdown in the network of the contracting parties, power failures or other technical faults that could temporarily disrupt the operation of the service and is not responsible for any damage resulting from these events. PORA Gornja Radgona is not responsible for damage caused by force majeure.
1.11. All interpretations of these General Terms and Conditions of Membership are at our sole discretion and our decisions are final. We may, in our sole discretion, waive compliance with these General Terms and Conditions of Membership and from time to time conduct campaigns or activities that provide additional bonuses to selected or specific Members.
1.12. This Agreement shall be governed by the laws of the Republic of Slovenia. All disputes which cannot be resolved between the two parties and which are related to the Program shall be resolved individually and shall be subject to point 1.10. All disputes under this Agreement which could not be resolved amicably between the contracting parties shall be settled by the competent court in Ljubljana.
1.13. The current list of Participating Providers is published in the 24CITIESPASS application.
2. RIGHT TO MEMBERSHIP AND TRANSFER OF FUNDS
2.1. Membership in the Program is free of charge and is available to individuals over the age of 18.
2.2. Membership may be refused or terminated for any reason, in particular for the reasons stated in point 3.5. of these General Terms and Conditions.
2.3. The 24CITIESPASS Membership can be acquired by downloading the mobile application and filling in the required information.
2.4. The funds are allocated to the Member for personal consumption and start to be collected immediately after the registration to the Program. Subsequent entries of invoices and credit notes are not permitted.
2.5. The benefits and rights of Membership can only be used personally by a Member who has validly joined the Program and whose name is listed on the User Account in the 24CITIESPASS Application. In the event that a person identifies with a Membership (User Account) of another Member, we will refuse any transaction or activity related to the Membership (use of benefits).
2.6. Legal entities, individual entrepreneurs and groups cannot join this Program. It is also not possible to receive funds for paid consumption on the basis of invoices issued to the aforementioned economic entities, even if the Members name is also indicated on them.
2.7. Every natural person is only entitled to one Membership. In the event that a person attempts to obtain more than 1 (one) Membership, we reserve the right to irrevocably delete the confirmatory application.
2.8. Membership in the Program - the Member proves his/her Membership with a personal User Account in the 24CITIESPASS Application, which he/she receives immediately after registering for the Application. With the Application, the Member exercises the right to attribute funds at payment points.
2.9. The User Account Holder has the right to participate in special campaigns intended exclusively for Holders. PORA Gornja Radgona reserves the right to organise such campaigns at its own discretion and the Holder is not obliged to participate in these campaigns.
2.10. The provided through the 24CITIESPASS application are subject to change and may vary from time to time. Benefits may be: • general to all members; • tailored to specific groups of members based on Member demographic or geographic data or the extent to which they use the 24CITIESPASS application; - individual to the Holder based on demographic and transactional data resulting from the use of the 24CITIESPASS application.
2.11. Funds can be transferred between two Program accounts. The transfer is made only on the basis of the prescribed form. It must be completed in full and signed by the Member who donate/transfers funds to another Member. In the case of a transfer between the accounts of members who are connected as family members, the transfer is free of charge. Members are considered to be family members: spouse, life partner, parents, children, grandparents, grandchildren, siblings.
2.12. For all other transfers of funds between two accounts, we charge a fee of 10 EUR for each transaction. The owner of the transfer fee is always the Member who transfers the funds to another Member. The fee of 10 EUR will be charged separately, so that after transferring funds, the balance on the Member Account (the Member transferring Points to another Member) will be reduced by another 10 EUR. The debit is made directly when the desired amount of funds is transferred.
3. CANCELLATION OR TERMINATION OF MEMBERSHIP
3.1. You may terminate your Membership at any time by sending a written notice to our address, PORA Razvojna agencija Gornja Radgona, Trg svobode 12, 9250 Gornja Radgona or to the e-mail address: email@example.com. In this case, all unused funds will be withdrawn immediately and cannot be reactivated or transferred.
3.2. We will treat you as an "Active Member" until (a) your Membership is revoked (by us or you) and (b) you have received funding under the 24CITIESPASS application within the last 5 years.
3.3. If the Member has not made a single transaction on his/ her User Account for more than 5 years, the Membership will be terminated and the Members account will be closed.
3.4. If you cancel your Membership, or if we close your User Account because you are no longer an active Member, you can re-apply for Membership at any time, but your previously withdrawn funds will not be reactivated.
3.5. We may, in our sole discretion, at any time and with immediate effect, cancel your accrued funds, revoke your Membership Bonuses and privileges, or terminate your Membership if:
(a) you have infringed the relevant laws,
(b) you have acted fraudulently, violently or abusively,
(c) you have breached these General Terms and Conditions, or
(d) you have cheated or misused funds or other Membership Bonuses.
4. COLLECTING FUNDS
4.1 The system of collecting points is based on the principle of 1 EUR = 1 point. If the invoice value is EUR 0.50 or more, the point is rounded up; if the invoice value is less than EUR 0.50, the point is rounded down.
4.2. Members may receive funds for Eligible Consumption (see point 4.3 for a precise definition of Eligible Consumption) paid by Participating Providers; they must identify themselves at the time of payment with the User Account in the 24CITIESPASS application. "Participating providers" are the providers published in the 24CITIESPASS application.
4.3. PORA Gornja Radgona is not obliged to proactively warn members of their membership and the rights arising from it. It is in the Members interest to actively enforce the bonuses and his membership status. PORA Gornja Radgona is also not obliged to provide all guests who are not yet members of the program with comprehensive information about Membership opportunities. The guest is thus granted Membership and bonuses on the basis and at the time of his or her express wish to join the Program.
4.4. "Eligible Consumption" is the consumption that the Member makes for Eligible Services food and drink, wellness, accommodation, various purchases or for all bids submitted by the Member Participating Bidders. However, the eligible consumption of a Member does not include:
a) prices for accommodation and other services and offers from providers not included in the Program;
b) expenditure on banquets, meetings, seminars, conferences and other services in support of business events organized by legal persons;
c) free services (including Program awards);
d) tourist tax.
4.5. We reserve the right to withdraw false or incorrectly received funds from the Member Account at any time and without prior notice.
4.6. In the event of refunds for goods or services for which you have received funds, we will adjust (reduce) the amount of funds received.
4.7. A Members assets become due and irrevocably deleted if no new active transaction takes place within a period of 18 months after the last active transaction, i.e. the acquisition of funds based on the payment. Deletion takes place on the 1st of the month for all Members who have not had a single active transaction on their account in the last 18 months, i.e. funds received on the basis of payments. The Membership remains unchanged and the Member can still receive funds after this period, but funds already overdue and deleted cannot be reactivated. In the event that the Member actively recovers funds within a period of 18 months after the last active transaction, the previously acquired funds will be retained in full in the account. The transfer of funds between Members is not considered an active transaction.
4.8. Any complaint concerning the attribution of funds for paid invoices must be submitted by the Member no later than 30 days from the date of issue of the invoice for paid consumption, which should be the basis for attribution. After this period, we reserve the right to refuse to resolve the complaint if we find that it is no longer possible to establish/verify the actual circumstances at the time when the attribution was made or should have been made. Complaints can only be made on the basis of proof of consumption (copies of invoices), which the Member is obliged to provide.
5. USING FUNDS
5.1. The collected funds can be used by the Member to pay invoices, which will be reduced in the amount of the collected funds.
5.2. The collected points are converted into a value in EUR according to the principle 1 point = 0.03 EUR.
5.3. The lowest limit at which the User is entitled to use the collected funds is 300 points.
5.4. The presentation of a User Account of the 24CITIESPASS application and thus the clear identification of the Member directly at the time of use is a mandatory requirement for the Member to be able to use the collected funds.
5.5. The Members are free to choose the date of realization of the collected funds during the year.
5.6. The member can use the collected funds at his/her own choice or decision in accordance with the valid offer published in the 24CITIESPASS application.
5.7. When using the collected funds for overnight stays, the Member is obliged to pay the tourist tax and the registration fee.
5.8. The collected funds cannot be exchanged for cash, prizes or credits. Prizes must be used in accordance with these General Terms and Conditions.
5.9. Prizes are not transferable to a third party.
5.10. In the event that we discover that the prizes have been exchanged, sold or given to a person other than the authorised recipient, we reserve the right, at our sole discretion, to propose measures to eliminate the consequences of such unjustified use of the prizes.
5.11. The funds will be charged or credited to the Member upon payment of the invoice at the contact point (depending on the provider).
5.12. In case of purchase of a gift certificate, the funds are received by the Member who makes the purchase of the gift certificate and who is the payer of the gift certificate after identification with his/her User Account. The recipient of the gift certificate does not receive funds equal to the value of this redeemed gift certificate, but receives funds for the payment of additional services related to the use of the gift certificate and consumption beyond the value of this gift certificate, provided that he/she is a Program Member and identifies with his/her User Account in the 24CITIESPASS application.
6.1. All communications within the Program will be sent to an e-mail address, which the Member enters in his/her User Account or change later. In exceptional cases, we may also call the Member or send him/her a SMS/MMS to the telephone number provided by the Member. If we do not receive any information about the rejected or unsuccessfully delivered communication, the Member will be deemed to have successfully received it.
6.2. The Member is obliged to notify any change in his/her contact details within 30 days of the change The Member notifies the change in his or her contact details and PORA Gornja Radgona takes them into account in accordance with Chapter 7 of these General Terms and Conditions (the so-called Right of Correction). PORA Gornja Radgona accepts no responsibility for damages resulting from the use of outdated contact information of the Member.
6.3. Communications under the Program shall be periodic and shall include in particular:
• informing on the status of Members, the balance of funds Membership Account and their validity;
• informing on the rights deriving from Membership status and the possibilities of cashing funds;
• informing on the possibilities of obtaining funds;
• informing on other legal and technical questions of Membership;
• Sending tailor-made offers, discounts and invitations to events for which we assume that the Member is interested as a result of the Membership (hereinafter: personalized direct marketing);
• the provision of general advertising content about the partners offers and events (hereinafter: general direct marketing);
• invitations to complete surveys and surveys of satisfaction with the Program, user experience at all destinations or individual services (hereinafter: opinion surveys).
6.4. Members may call +38641377161 or write to firstname.lastname@example.org at any time to obtain any information relating to the Membership (including without limitation information concerning the membership status, balance of funds on the Membership Account and their validity). Membership information will be sent only to the valid email address provided in the Members profile. When calling +38641377161 to protect privacy or to protect the personal data of our members, we ask for additional information (e.g. date of birth) for the purpose of confirming the identity of the caller.
6.5. PORA Gornja Radgona is not responsible for discrepancies between the expectations of the Member and the selected customer-specific offers, benefits and/or invitations sent to the Member by PORA Gornja Radgona. Discrepancies may be due to incorrect predictions resulting from the Holders actions (in particular, irregular or selective use of the 24CITIESPASS application, enabling third parties to use the 24CITIESPASS application contrary to these general conditions, inaccurate, incomplete or outdated information on status, interests, family members, etc.).
6.6. Members may opt out of receiving personalized and/or general direct marketing communications and/or opinion polls (indents 5 to 7 including point 6.3 of these General Terms and Conditions) at any time by following the instructions in each communication received or in accordance with Chapter 7 of these General Terms and Conditions (the so-called Right to Object).
7. PROCESSING PERSONAL DATA
7.1. Types of data and purposes of their processing
7.1.1. The User Account in the 24CITIESPASS application can only be obtained on condition that the PORAGornja Radgona applicant has provided the following precise personal details on the application form in accordance with these General Terms and Conditions: gender, first name, last name, date of birth, place of residence and e-mail address (hereinafter: Member Profile). The Member is obliged to report any changes to the data in accordance with point 6.2. of these General Terms and Conditions. When submitting data to obtain a User Account in the 24CITIESPASS application or in case of subsequent changes of data, each natural person may only provide a current e-mail address and a current mobile phone number. An individual e-mail address or mobile phone number can only be stored for one user in the database of User Account Holders in the 24CITIESPASS application.
7.1.2. By submitting a User Account request to become a Member in the 24CITIESPASS application, PORA Gornja Radgona collects data on Eligible Consumption the Member Profile of the Member (in particular, the content and time of consumption, price, date, time and location of payment) and the number of funds acquired or data on the use of Membership rights (on the rights used from the Membership status, on the realization of funds, transfer of funds, use of exclusive offers of the Member, etc.). In addition, PORA Gornja Radgona may also record in the Member profile any preferences, wishes or information that the Member expresses during the booking process or while using the services of individual providers (e.g. specific wishes regarding the room, any pets, expressed (un-) satisfaction with individual services, etc.).
7.1.3. PORA Gornja Radgona processes the data in the Member Profile for the following purposes on the legal basis indicated in brackets:
• to enable the Holders to exercise their membership rights, which allows communication with the Member within the framework of the Program of indents 1 to 5 including point 6.3 of these General Terms and Conditions (legal basis: Membership Agreement 6 / I (b) Article of the General Data Protection Regulation );
• to verify the compliance of the use of the User Account in the 24CITIESPASS Application with these general conditions (legal basis: Membership Agreement (6/I (b) Article of the General Data Protection Regulation);
• to resolve problems or irregularities in the payment transaction or failed transactions during or after the payment and to resolve reports or complaints from Members (legal basis: legitimate interest of Members, PORA Gornja Radgona and third parties in preventing damage to property and misuse of payment and credit cards Article 6/I (f) of the General Data Protection Regulation);
• to be invited to take part in the opinion polls mentioned in point 7.3. of these General Terms and Conditions (legal basis: legitimate interest in the sales promotion (6/I (f) Article of the General Data Protection Regulation);
• analyses Members consumption in anonymised or at least pseudonymised form in order to optimize the offer and costs and increase guest satisfaction (legal basis: legitimate interest of PORA Gornja Radgona in optimizing its operations);
• uses the contact data mentioned under point 6.3. of these General Terms and Conditions for general direct marketing (legal basis: legitimate interest in the sales promotion;
• objection to legal claims or their enforcement or enforcement (legal basis: legitimate interest of PORA Gornja Radgona (6/ I (f) Article of the General Regulation on Data Protection).
7.2. Members rights regarding the protection of personal data
7.2.1. A Member may exercise his or her right to process personal data:
• on the appropriate form obtained and submitted at the application points,
• in writing to our address, PORA Razvojna agencija Gornja Radgona, Trg svobode 12, 9250 Gornja Radgona (postscript "Loyalty program");
• by e-mail to: email@example.com (Subject: "Loyalty program”).
7.2.2. Forms to help you exercise your rights to process personal data are also available at: https://www.24citiespass.com.
7.2.3. The use of the forms from the above points is not compulsory. The request must contain the indication of the right exercised by the Member, first and last name, date of birth and the number of the Members account. In the event that, for objective reasons, the Member does not know the number of his user account, PORA Gornja Radgona will ask him/her to answer the control question or otherwise prove his identity after receiving the request.
7.2.4. For a Member, another person may exercise rights in relation to personal data only on the basis of the Members authorisation.
7.2.5. A Member may, at any time, contact the personal data protection officer - an external contractor who carries out activities for PORA Gornja Radgona - for assistance in exercising his or her rights in relation to personal data or in the event of doubt as to the accuracy of the processing of personal data by PORA Gornja Radgona.
7.2.6. A member has the right to submit a complaint or a report to the Information Commissioner of the Republic of Slovenia against the decision of PORA Gornja Radgona on his or her request to exercise rights relating to personal data or in the event of violations of the protection of personal data (for further information see www.ip-rs.si).
7.3. The right to access and transfer data
7.3.1. With regard to all personal data processed by PORA Gornja Radgona under the Program, members have the right of access to the data (receipt of a copy and of information relating to the processing) and the right to receive the data in a structured, commonly used and machine-readable form (the so-called transfer of personal data).
7.3.2. The exercise of the right of access and transferability of PORA Gornja Radgona is guaranteed on the basis of an individual application by the Member, and, in part, by information technology solutions made available to Members for this purpose.
7.3.3. PORA Gornja Radgona offers free access and transferability once a year on the basis of an individual application. In the event of a request for additional copies or more frequent requests from PORA Gornja Radgona, a reasonable fee may be charged.
7.4. The right to correct or amend data
7.4.1. In the event that the Member has provided the information provided on the application form or. on a form related to the registration and use of the 24CITIESPASS application, the Member is obliged to notify the change within 30 (thirty) days of the change. If the Member notifies the change of data at a later date, PORA Gornja Radgona may still take it into account.
7.4.2. PORA Gornja Radgona will take into account the change of data submitted through the registries or by ordinary mail/e-mail at the latest 15 (fifteen) days from the date of receipt of the form or notification of the change.
7.5. The right to object, delete data and limit processing
7.5.1. A Member may at any time object, permanently or temporarily, to the processing of his or her personal data for the following communication purposes mentioned in 6.3:
• personalized direct marketing (5th indent 6.3 points)
• general direct marketing (6th indent 6.3),
• an invitation to participate in opinion polls (point 6.3., indent 7).
7.5.2. PORA Gornja Radgona, in the case of an objection from the previous point, will prevent communication within 15 days of receipt of the objection. In the event that the information campaign was prepared before the objection was processed or the settings changed, the Member may still receive the last marketing communication or invitation.
7.5.3. A Member may not object to other purposes of processing personal data relating to him/her in connection with the use of the 24CITIESPASS application, unless he/she terminates his/her Membership in accordance with these General Terms and Conditions
7.5.4. The Member has the right, under the conditions and in accordance with the applicable legislation, to request restrictions on the processing and deletion of data.
7.6. The retention period of PORA Gornja Radgonas personal data will retain the personal data of the Member for 5 years after the termination of Membership. PORA Gornja Radgona reserves the right to delete the Members personal data before this period expires.
7.7. Users of personal data PORA Gornja Radgona does not pass on personal data of User Account Holders in the 24CITIESPASS application to third parties, except:
• external contractors who process data solely in the name of, on behalf of, on the instructions of and under the supervision of PORA Gornja Radgona (e.g. participating accommodation providers, external contractors of individual services used, providers of IT tools for the management of the Program or the sending of messages, etc.);
• state authorities on the basis of their reasoned written request for the purpose of carrying out a specific procedure;
• if they identify themselves in the 24CITIESPASS application with the written personal consent or authorisation of the Account Holder.
7.8. Transfer of personal data to third countries - PORA Gornja Radgona does not transfer personal data to third countries, except:
• in the case of external contractors established in third countries (specific information on the country of destination and the protective measures taken can always be found in the 24 CITIESPASS application under the information on data processing);
• if the Member so requests, in which case the Members request shall also be deemed to be a request by the person concerned that PORA Gornja Radgona make the data available to him/her by e-mail;
• if the Member expressly so provides in relation to the individual processing of personal data, indicating also the country of destination and the protection measures taken;
• if required by the law of the country in which the Member exercises the Membership.
8. GENERAL PROVISIONS
8.1. We reserve the right to change the amount of funds obtained in our Member’s Account for a valid reason.
8.2. If the Members funds are not properly credited to your account within 7 days of the transaction date, the Member may report the error within 30 days of the transaction. The Member must submit the request in writing with an explanation to the e-mail address: firstname.lastname@example.org (Loyalty Program) together with a copy of the relevant invoice and the membership number.
9. QUESTIONS AND COMPLAINTS
9.1. In case of any questions, complaints or claims regarding Membership (status, attributions of funds, transfers of funds, etc.) please contact our application management office (+38641377161) or write to our e-mail address: email@example.com.
9.2. Questions, requests and complaints relating to the protection of personal data will be handled in accordance with Chapter 7 of these General Terms and Conditions (»PROCESSING OF PERSONAL DATA«). The contact point is the Authorized Person for Personal Data Protection, an external contractor who carries out activities for PORA Gornja Radgona.
9.3. All types of complaints, claims and grievances in connection with the Membership will only be resolved in writing.
10. FINAL PROVISIONS
10.1. These General Terms and Conditions are published in the 24CITIESPASS application. They are also available in printed form at the receptions - contact points of all Participating Providers.
10.2. PORA Gornja Radgona reserves the right to make changes and amendments to these General Terms and Conditions. User Account Holders will be informed of any changes to these General Terms and Conditions through the 24CITIESPASS application. If the Holder does not click agree to the amended General Terms and Conditions within fifteen (15) days of the publication of the amendment to these General Terms and Conditions, the Holder shall be deemed to have accepted and been bound by the amended General Terms and Conditions.
Gornja Radgona, 17 August 2020; (issue 1)