General Terms and Conditions
General Terms and conditions (GTC) for FMA SA (consecutively called FMA SA), legitimate operator of the E-GUMA® Voucher Management System of the firm Idea Creation GmbH
All deliveries and services of FMA SA, and the therewith associated online orders over the internet and other online services are subject to these General Terms and Conditions (GTC). Deflecting and/or complementing agreements need explicit affirmation of the executive board of FMA SA and have to be made in writing; the same shall apply to any waiver of this written-form requirement.
2.1 Redemption of Vouchers
The online-vouchers are transferred from FMA SA to the purchasers with an forgery-safe security code. As the purchaser is able to print the voucher himself, several prints are possible, but only one thereof is valid and redeemable. The first voucher with the correct code that is redeemed with an E-GUMA System is considered the original and has to be immediately validated by FMA SA. If further vouchers with the same code emerge, it is considered a case of abuse which will result in legal consequences. If a person tries to redeem multiple vouchers with the same code, there will be no entitlement to performance and/or delivery, neither will there be entitlement to compensation on the part of FMA SA, even if the person redeeming the first voucher is not its legitimate owner. In fact, if someone gives out a voucher with intention to defraud, he or she will be immediately prosecuted for forgery.
2.2 Transferability of vouchers
Since a voucher can be given away, FMA SA is not required to validate if the redeeming person is its legitimate owner. The only things verified at the redemption are if the E-GUMA-Voucher-Number is actually enabled in the system and whether the according voucher really has been paid for. FMA SA is not obliged to accept vouchers that have not been paid for. For operative reasons, the services connected to the voucher can only be supplied by FMA SA if a correct and timely reservation has been made and confirmed by the hotel.
2.3 Validity of vouchers
Generally, the E-GUMA-Vouchers are valid 2 years. (The period of validity is printed on the voucher). After this period, FMA SA is no longer bound to accept the voucher. Lost vouchers will neither be replaced nor will cash refunds be made for vouchers. If the value of the voucher is higher than the cost of the consumed service, FMA SA agrees to grant further services for the full remaining value. In this case there is no right for a cash payment of the remaining value of the voucher.
According to circumstances, the service of FMA SA can slightly differ from the description on the voucher, however, this must not result in a decrease in value for the purchaser. If, for any reason, FMA SA closes down, the E-GUMA-Vouchers expire without a right for compensation. The same shall apply if the owner of FMA SA changes. In this case, FMA SA is not obliged to indemnify potential losses.
FMA SA has to meet the specified delivery date as far as possible. If this date is exceeded by more than six weeks, the purchaser is entitled to set an additional respite in writing, with the remark that he or she will not accept the object of purchase (in this case E-GUMA-Vouchers) after the new deadline. The new deadline has to be set at the earliest one month after the date of writing. If during this period no agreement about a new delivery date is achieved, the purchaser is entitled to resign from the contract by declaring the cancellation in written form. The purchaser has no right to compensation due to delay or impossibility of a delivery. The same shall apply for claims concerning missing profits or other indirect damage. Further claims of the purchaser – especially to deliveries – are barred.
Vouchers of FMA SA have to be paid immediately and exclusively by credit card and without any discount.
5. Right of withdrawal
For vouchers that have been paid and printed online, there is no right of withdrawal.
Complaints concerning possible defects of the voucher and quantity deviation have to be alleged in writing immediately, at the latest one week after receipt of the product (in this case E-GUMA-Vouchers). If the complaints are justifiable, FMA SA will emend the deficient delivery free of charge. If, in the case of a replacement, the second compensation delivery is deficient as well, the purchaser has the right to conversion or abatement.
7. Customer data
FMA SA is entitled to collect, save and process personal data of the purchaser necessary to fulfill the contract and services. This considering the appropriate duty of care concerning the sensitive handling of customer data. FMA SA undertakes to process the data in compliance with the EU General Data Protection Regulation (GDPR).
8. Concluding terms
The ineffectiveness of several items of this General Terms and Conditions (GTC) is not tangent to the effectiveness of any other items. An ineffective regulation will be replaced with an new regulation which comes as close as possible to the economic impact of the ineffective regulation. Place of fulfillment and place of jurisdiction for contracts, including this General Terms and Conditions (GTC), is Manno, Switzerland.