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Priceless Cities Terms of Use

Introduction

Welcome to the website of Priceless Cities. The Priceless Cities website (“the Site“) offers the promotional programme “Priceless Cities” provided by Mastercard Europe SA, 198/A Chaussee de Tervuren, 1410, Waterloo, Belgium (“Mastercard“), which opens up experiences, offers, ant other content (“Programme”) for Mastercard cardholders. The Site gives you access to the priceless world of experiences, special offers, card benefits, and relevant content.

 

Within the framework of the Programme, Mastercard acts merely as an intermediary of services. The Programme’s service provision is therefore the responsibility of the respective third party (“Dealer”, “Provider”, or “Organiser”). You can find further information in the section “Service description and conclusion of contract”".

 

Before using the Site or subscribing to Marketing Communications, please read carefully these terms of use, as well as all other conditions and information published by Mastercard on the Site (hereinafter collectively referred to as the ”Terms of Use”) and expressly acknowledge them. If you make use of the offers of Priceless Cities, you expressly agree to the Terms of Use. The Terms of Use set out the terms and conditions applying to your participation in the Programme and the associated use of the Site. If you have questions about these Terms of Use, you should consult a lawyer before using the Site.

 

If you do not agree to the Terms of Use, please do not visit and use the Site.

 

In these Terms of Use, the words “you” and “your” mean the person who accesses and uses the Site. The words “we”, “us”, and “our” mean Mastercard.

 

This Site is operated by Mastercard.

 

The Site

The Site offers benefits for Mastercard cardholders. We open up for you the priceless world of adventures, offers, and other benefits. The Site provides unique offers and experiences. You can subscribe to email newsletters to be kept up-to-date on the latest offers and experiences. Certain offers are exclusive to World Elite or Platinum cardholders only. In order to take advantage of exclusive offers for World Elite cardholders, you will be required to register by using your authorised World Elite Mastercard issued in your name, for which you have payment obligations related to the Programme. Your World Elite Mastercard can be identified on the front or back of your card.

 

Your participation in the Programme is as follows: (i) you must register on the Site (ii) your World Elite or Platinum Mastercard card or your Mastercard card is to be issued by an Austrian financial institution; (iii) you must be at least 18 years of age; and (iv) you must be a resident of Austria. If you have any questions or need for clarification whether a Mastercard card can be used on this Site, please contact the Customer Service provided below.

 

By using the Site, you agree that: (i) you are acting only on behalf of yourself and of no other person; (ii) you provide to Mastercard accurate information, including, but not limited to, information required to subscribe to Marketing Communications; (iii) you do not use the Site to reproduce, copy, sell, resell, distribute, publish, or exploit for any commercial purpose the software, content, offers, experiences, products, or services provided by Mastercard or obtained through the Site without the prior express written consent of Mastercard. This restriction also includes any attempt to incorporate information from the Site into another databank, product, or service; (iv) you yourself are responsible for the preconditions of your own access to the Site, including, but not limited to, phone, computer hard- and software, and other equipment, and bear all associated costs; (v) you will not use the Site in any manner that adversely affects the availability of resources or the enjoyment of other users or in any other manner that could damage, disable, overburden, or impair Mastercard’s or service providers’ servers or networks; and (vi) you will not use the Site for any purpose that is unlawful or prohibited under these Terms of Use.

 

Registration Process on the Site

To register, you must enter your email, a password created by you, and the postal code of your current place of residence. Subsequently, you will receive a verification link by email. By clicking on this link, you will be redirected to the Site and asked to provide your name and credit card information to complete the registration process.

 

Service Booking on the Site

After you register and/or log-in to the Site, you can make an offer to book a programme chosen by you by clicking the button “Email to book”. After completing the booking process, you will receive a confirmation by email also providing the most important information, as well as an invoice, including the respective terms of use and the offer conditions.

 

Right to Use the Content of the Site

You may see, share, print, or download the Content (as determined below) of the Site for your own personal use. You may not license, republish, distribute, copy, assign, sublicense, transfer, sell, produce derivative works, or otherwise use the Content for non-personal purposes. No part of the Content may be reproduced in any form or incorporated into any electronic or mechanical system for information retrieval except for private use. You may not access or use the Site in any way that could or is intended to damage or impair the Site or any server or network serving as the basis of the Site or interfere with the use and enjoyment of the Site by third parties. You may not represent Mastercard or its products or services in a false, misleading, derogatory, or otherwise offensive matter or imply any promotion or endorsement of your websites or contents by Mastercard. You may not use automated systems (such as robots, spiders) to access the Site. You will not collect or sell personal information of other users of this Site or otherwise exploit such information. All rights to the Site and all Content are reserved and owned by Mastercard.

 

Changes to the Site and the Terms of Use

Mastercard reserves the right at any time to change or modify the Content, materials, or information appearing on or related to the Site or terminate the Programme.

 

Service Description and Conclusion of Contract

The presentation of the offers and services is not a binding offer of Mastercard. You will only be asked to submit an offer to Mastercard. The essential features of the services can be found in the description of the offer on the page. Furthermore, you can find additional descriptions and specifications in the offer conditions ("offer conditions") for numerous offers. Please note that in most cases the service is not provided by Mastercard, but by the third party (Dealer / Provider / Organiser). Dealers (including those acting as non-profit dealers) can offer Mastercard certain offers, experiences, and/or other benefits for the purchases of goods and services (“Offers”) that are available on the Site or directly by the dealer. You can also find exact contact information about the respective dealer, provider, or organiser in the respective offer conditions. We inform that, by concluding a contract between you and the respective dealer, provider, or organiser, their respective terms and conditions are the content of that contract. You can also find the relevant terms and conditions of the dealer in the respective offer conditions.

 

The service of Mastercard is merely limited to the mediation of the services offered. The steps to conclude a contract are as follows:

 

In order to conclude a contract, you must log in to the Site. Then, you can choose your desired offers. You will find here the general participation conditions, as well as the respective terms of the offer concerned. Payment is only possible by using your Mastercard card and is made via a payment service provider. Before a final contract is concluded, you can review your details and then bindingly confirm them. As a result, you submit to us a binding offer and accept these Terms of Use, as well as the respective terms of the offer and all related information on the Site as binding. The contract is subsequently confirmed to you.

 

The contract for the respective service is concluded between you and the respective dealer, provider, or organiser on the basis of their terms and conditions. The implementation of the Programme as such is not Mastercard’s obligation of performance. Mastercard is therefore only an intermediary between you and the respective dealer, provider, or organiser. Mastercard therefore has no influence on the conditions for the use and the implementation of the Programme. Mastercard shall not be liable for any loss or damage you incur as a result of your (business) relationship with a dealer in relation to such offers. Mastercard does not recommend any dealer accessible through the Site or their offers that are available on the Site itself or on the website of a dealer, nor does Mastercard provide any warranty for these dealers or their offers. Before concluding a contract, please take note of the respective terms and conditions of the offer concerned.

 

Termination by Mastercard

Mastercard may restrict your access to the Site or your participation in the Program for objective reasons.

 

Cancellation / Withdrawal

You as consumer have the right to cancel and to withdraw from the mediation contract concluded with Mastercard on the basis of these Terms of Use within fourteen working days without specifying the reasons. In the case of services and the online provision of the Programme’s documents, the 14-day cancellation period begins with the day of the conclusion of the contract. In the case of sending by post, the 14-day cancellation period begins on the day, on which you or the third party named by you, which is not the carrier, have or has obtained the Programme’s documents.

 

In order to exercise this right of withdrawal, you must send to Mastercard a clear statement that declares the withdrawal from the present contract in. The declaration can be sent:

 

by post: Mastercard Europe SA Representative Office Austria

Wipplingerstrasse, 30/DG, 1010 Vienna,

by email: wien@mastercard.com

 

For this, you can also use the following standard withdrawal form:

 

I hereby withdraw from my contract on mediation services for the provision of the Programme , booked on , with the invoice number on Mastercard’s website Priceless Cities.

 

 

 

 

 

To comply with the cancelation period, it is sufficient that the declaration of withdrawal is sent before the expiry of the cancelation period.

 

Following the withdrawal, all payments made in this connection will be refunded. If you already received Mastercard’s benefits and the return is possible, these benefits are to be returned to Mastercard step by step. Mastercard’s obligations of return are to be fulfilled within 14 days from the date, on which the withdrawal declaration was received by Mastercard. The same applies to your obligations to return.

 

Your right to withdraw from the contract is (partially) excluded in the following cases:

 

  • In cases where you have expressly requested that the programme will be started within the 14-day cancelation period. This is particularly the case if you book a scheduled time for the programme, which is still within the 14-day cancellation period. In such a case, the right of withdrawal exists only to the extent that the programme’s service has not yet been rendered.

 

  • In cases where services are rendered in the areas of accommodation for purposes other than housing, transport of goods, rental of motor vehicles, and the supply of food, drinks, and services associated with leisure activities, provided that the implementation of the contract was already scheduled for a certain time or period. This applies in particular to tickets for various events and all other programmes, which cannot be postponed after the scheduled time within the framework of the concluded contract.

 

Withdrawal of Mastercard

 

Until you have redeemed the programme you have booked, Mastercard is entitled to withdraw from a contract concluded with you, in particular

 

- if for economic reasons Mastercard cannot reasonably be expected to arrange the program.

- if, for economic reasons, the organiser cannot reasonably be expected to carry out the programme (e.g. if a lower limit for the number of participants is not reached) 

- if the organizer's cooperation with Mastercard has been terminated.

- if the implementation of the program became impossible due to legal changes.

 

Should Mastercard make use of this right, you will of course be refunded the value of the booked program immediately or, if requested, given the opportunity to book an alternative program. (insert LINK)

 

Travel package

Some programmes provided via Mastercard are deemed to be considered as travel packages (more than two different types of travel services) within the meaning of article 2 (2) of the Package Travel Act (PRG) and are subject to the following additional provisions:

 

- Before the travel package is booked, Mastercard will provide you with the legally required information sheet (Part A, B or C) via a link and will inform you about the essential characteristics (destination, means of transport, payment modalities etc.) of the travel service. Specific information on the individual programmes can be found in the respective offer conditions.

 

- You can withdraw from the package travel contract at any time against payment of appropriate compensation without specifying any reason before the package travel begins. You can find compensation packages that are contractually agreed for this purpose in the relevant terms and conditions (as well as the offer conditions) of each mediated tour operator.

 

- To cover any costs incurred, for example, by cancellation or return transport, you have the opportunity to take out travel insurance. Mastercard does not provide such insurance. Please contact the respective tour operator or an insurance agency of your choice.

 

- If the minimum number of participants required for the package travel is not achieved or if there are unavoidable and exceptional circumstances that significantly affect the implementation of the package travel, the mediated tour operator can withdraw from the package travel contract concluded with you by complying with legal requirements.

 

Payment

Payment for the programs you have booked will be made by the Mastercard credit card you specified during registration.

 

Prices / costs

All prices are provided on the Site under the offer concerned. All prices are deemed to be exclusive of VAT, unless otherwise expressly stated. These prices do include any shipping costs. If shipment is made by Mastercard, this shipment will be at your expense, the amount of the costs will be announced in advance. In this regard, we charge actual costs incurred, including an appropriate administrative fee.

 

Payment, delivery, and service conditions

You can find the participation conditions above (See “the Site”). Payments are only possible via the Site by using your Mastercard card. You can find further details regarding the terms of payment, delivery, and participation conditions in the respective offer conditions and information on the Site. In the case of default of payment, Mastercard is entitled, at our discretion, to claim the damage actually incurred or legal default interest. In this regard, you are obliged to reimburse dunning and collection charges incurred, as far as they are required for the adequate assertion of legal rights. The assertion of further rights and claims remains unaffected.

 

Transmissibility

As the owner of the credit card on which the booking is based, you are entitled to receive the booked service. A transfer to third parties is not possible.

 

Validity

As a rule, you can book programs at a certain point in time so that the service can only be obtained on this key date. The date specified in the booking is therefore decisive for the redemption of the service. However, if you have booked an indefinite programme, you may redeem it within 36 months of the date of order confirmation. Booked programs cannot be replaced in cash.

 

Intellectual Property Rights

The Content of the Site is protected by intellectual property regulations, and all Content is owned by Mastercard or used by Mastercard under a license or permits. All text, formatting, including, but not limited to, the selection and arrangement of materials on the Site, as well as images, graphics, animation, tools, widgets, applications, commercials, videos, music, sounds, articles, copies, creative materials, photos, trademarks, service marks, trade names, and logos, and other materials, and information on this Site (hereinafter collectively referred to as the “Content”) are the subject of the intellectual property rights of Mastercard, its subsidiaries, and affiliated entities, as well as their respective licensors and licensees. You may not copy, reconstruct, decompile, disassemble, edit, publish on other websites, incorporate or deep-link, modify, or otherwise distribute, redistribute, license, sublicense, or transfer in any form Nothing on this Site is to be construed so as granting or tolerating licenses or rights of commercial use of Mastercard’s trademarks, industrial property rights, or copyrighted protected materials without Mastercard’s prior written consent. The trademarks, logos, trade names, and service marks, whether registered or not, (collectively referred to as the “Trademarks”) displayed on the Site as the Trademarks of Mastercard are the trademarks of Mastercard and its cooperation partners. Nothing on this Site is to be construed as conferring licenses or the rights to use Trademarks displayed on the Site without the prior written consent of Mastercard or that third parties may establish the ownership of the Trademark.

 

Any unlawful commercial use of these materials violates Mastercard’s intellectual property rights and is subject to the full exercise of all rights and remedies by Mastercard.

 

Copyright Complaints

By operating the Site, Mastercard may act as services provider and, as an online service provider, offers services for materials and links to third party websites. As a result, third party materials that are not owned or controlled by Mastercard can be transmitted, stored, accessed, or otherwise made available using the Site. Mastercard introduced certain legal procedures for alleged copyright infringement on the Site, as well as adopted policies developed to ensure the immediate removal of any content or to block any user who is found to be infringing the rights of Mastercard or any third party or who otherwise violates the laws or regulations governing intellectual property or this Agreement. If you believe that materials provided on the Site infringe any copyright, you should notify Mastercard. Mastercard will promptly respond to remove or prevent access to the materials that are claimed to be infringing. For infringement claims, please contact: Mastercard Europe SA, 198/A Chaussee de Tervuren, 1410, Waterloo, Belgium, Attn: Legal Department.

Please provide following information:

 

1. Identify the copyrighted work or other intellectual property rights that are infringed in your opinion;

2. Identify the materials on the Site, which you claim to be infringing providing sufficient details so that they can be located by Mastercard on the Site;

3. Provide a statement that you have a good faith belief that the disputed use is not authorised by the copyright owner, its agent, or the law;

4. Provide a statement that (a) the above information in your claim is correct, and (b) that you are the owner of the copyright concerned or that you are authorised to act on behalf of that owner;

5. Your address, phone number, and emails; and

6. Your physical or digital signature.

 

Promotional Contests and Sweepstakes

From time to time, we make you aware of certain promotional contests and sweepstakes or other promotions offered by Mastercard or the third party. All such contests, sweepstakes, and promotions are subject to the official rules or terms and conditions for such sweepstakes, contests, and promotions and the general legislation applicable thereto.

 

Third Party’s Content and Links to Other Websites

The Site can contain third party’s content and links to other websites that are entirely independent of this Site. Third-party’s content and links are used solely for the convenience of users and do not constitute any consent, recommendation, or assurance of Mastercard. In addition, Mastercard is not responsible for the accuracy, completeness, or reliability of third party’s information or for products or services offered or sold through linked websites. You yourself are solely responsible for the use of third-party’s information. Any contracts, transactions, or other agreements concluded between you and third parties are at your own risk. If you click on a link from a third-party, you will leave the Site. All personal data you provide on the website you are visiting is not collected or controlled by Mastercard, but is subject to the privacy policy or terms of use of the website you visit. Please read the terms of use and privacy policy of the website you visit for more information on its privacy policies.

 

Mastercard is not responsible for the review or evaluation of third party’s content and offers that are presented on the Site and provides no warranty or guarantee for such content or offers. Mastercard assumes no responsibility or liability for the actions, offers, and content of these and any other third parties. Please read carefully the terms of the offer concerned and the terms and conditions before making the purchase.

 

Compensation/Indemnification of Mastercard

You will indemnify and hold harmless Mastercard and its business partners, as well as their respective directors and officers or other officers, employees, and affiliates from any liability, loss, claim, or expense, including, but not limited to, reasonable attorneys’ fees and expenses that you have culpably caused and that are related to: (i) any of your violations of these Terms of Use; (ii) the misuse of the Site by you; (iii) infringement of copyright, or other intellectual property rights, or other rights of third parties to the extent that you have contributed to such infringement and /or any other violation of law or breach of any contractual obligations, to which you have contributed to.

 

Warranties/Guarantees

Mastercard will take reasonable steps to ensure that all content on the Site is accurate; however, Mastercard cannot guarantee or otherwise assure the accuracy, completeness, or authenticity of these content and information on the Site.

 

The Site, Offers, and any Content provided to you on the Site are “as is,” and “as available”; and all warranties, express or implied, are hereby disclaimed, including those of merchantability, property, non-infringement, quality of information, or suitability for a particular purpose. No information that you receive from Mastercard through the Site shall constitute a guarantee except as expressly specifies as “Guarantee”. Mastercard disclaims, without limitations, all warranties, guarantees, or other assurances that the Site is available, that it functions properly, that the terms and conditions of offers are accurate, that defects are corrected, or that it are free of viruses or other damaging components. Mandatory legal provisions on warranty rights remain unaffected by this provision.

 

Limitation of Liability

We are only liable for damages caused by deliberate or gross negligent behaviour in the framework of mediation activities and in accordance with mandatory legal provisions on liability. Mastercard is not liable for the Programme mediated. Without limiting the foregoing, we are in any case not responsible for any errors in offer details or terms and conditions provided by third parties, card account fees or penalties incurred for your World-Elite-Mastercard or Mastercard card due to your use of Priceless Cities, including fees and penalties that may incur from chargebacks. Dealers or the financial institution issuing your card can report information regarding Priceless Cities and your participation in it to tax authorities. Dealers or the financial institution issuing your card may not modify these Terms of Use to the extent that they affect the relationship between you and us, and make any commitments binding for us.

 

Misuse / Fraud

The commercial resale of programs is not permitted. If this paragraph is violated, Mastercard reserves the right to exclude you from further use of the site, close the associated customer account and block the affected programs.

                                                                           

Inapplicability of the Terms of Use on Mastercard Payment Cards Cardholder Agreements

Mastercard is a leading provider of payment systems. Mastercard is not a financial institution and does not issue credit, debit, EC, or payment cards of any type whatsoever. Your contractual relationship related to your Mastercard credit card is with the bank issuing a card or financial institution issuing a card. Any questions relating to your Mastercard credit card or card account are to be directed to the bank or financial institution that issued your card, and not to Mastercard. While Mastercard maintains a relationship with the bank or financial institution that issued your card, this relationship does not apply to individual cardholders or accounts.

 

  Data Protection

Personal data necessary for the provision of services is exclusively processed in accordance with the strict requirements of the relevant legal provisions (in particular, the General Data Protection Regulation and the Austrian accompanying laws). You can find further information in our privacy policy.

 

 

Changes of address

You are obliged to announce changes to your home address, as long as the contractual transaction is not completely mutually fulfilled. If this message is omitted, then declarations are deemed to be received even if they are sent to the last known address.

 

Complaints and Alternative Dispute Resolution

Consumers have the opportunity to submit complaints to the EU online dispute resolution platform: http://ec.europa.eu/odr. You can also submit your complaint directly to us to the following email: wien@mastercard.com

 

Miscellaneous

The place of performance of the brokerage agreement shall be the registered office of Mastercard in Austria. These Terms of Use shall be exclusively subject to the law of the Republic of Austrian without regard to the principles of conflict laws and be construed and interpreted in accordance with the law of the Republic of Austria. Any lawsuit or claim arising out of or relating to these Terms of Use, directly or indirectly, may only be filed or asserted in an Austrian court. These courts are responsible for any action in connection with the Site, your access to the Site or use hereof, or any claim in connection with these Terms of Use.

 

You may not assign rights and obligations under these Terms of Use. Mastercard may at any time assign the rights and obligations under these Terms of Use.

 

Should any provision of these Terms of Use or any part thereof be unlawful, void, or unenforceable, this shall not affect the validity and enforceability of the remaining provisions. Unless otherwise provided herein, these Terms of Use constitute the entire agreement between you and Mastercard with respect to the subject matter hereof. Some provisions of these Terms of Use might be superseded or supplemented by express legal notices or rules contained in any part of the Site, applications, or content, to which you have access on this Site. Mastercard’s failure to enforce the provisions of these Terms of Use or additional regulations will not constitute a waiver or enforcement of these terms. These Terms of Use and related documents can be accepted in electronic form (for example, by electronic or otherwise expressed consent), and your acceptance will be deemed to be legally binding between you and Mastercard.

 

Customer Service

For customer service, please visit our Contact us page.


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