Terms of service
General terms and conditions of travSIM GmbH.
1. Terms of Service
1.1. This Agreement does not cover the use of the SIM or the Services for any purpose other than for data communications.
2. Services
2.1. Services are only available within travSIM or its service provider’s coverage area. Within this, there may be areas where the End User does not have access to all Services or where coverage is otherwise limited or unavailable.
2.2. There may be situations when Services are not continuously available or the quality is affected and so travSIM or its service provider cannot guarantee continuous fault-free service.
For instance:
(a) when travSIM or its service provider’s network provider need to perform upgrading, maintenance or other work on the network or Services;
(b) because of other factors outside travSIM or its service provider’s control, such as regulatory requirements, lack of capacity, interruptions to services from other suppliers, faults in other communication networks, the weather or radio interference caused by hills, tunnels or other physical obstructions.
2.3. The End User must not use Services or allow anyone else to use Services or the SIM for illegal or improper uses. For example:
(a) for fraudulent, criminal or other illegal activity;
(b) in any way which breaches another person’s rights, including copyright or other intellectual property rights;
(c) to download, send or upload content of an excessive size, quantity or frequency. travSIM or its service provider will contact End User if End User’s use is deemed excessive;
(d) in any way which breaches any security or other safeguards or in any other way which harms or interferes with travSIM or its service provider’s network, the networks or systems of others.
travSIM’s service provider will monitor the performance of the service and report any breaches of the above clauses as soon as they are aware of any irregularities or are made aware by the host operator. In turn travSIM or its service provider will suspend the service directly in breach of these conditions and will inform the End User of these breaches and outcomes of said breach.
2.4. The End User must always co-operate with travSIM or its service provider’s reasonable instructions to ensure the proper use and security of the Services and End User’s account.
3. Use of Services
travSIM shall:
3.1. not use the Services or allow any third party to use the Services for any immoral, obscene, defamatory, harmful, offensive or unlawful purpose;
3.2. only provide the Services pursuant to contracts which include terms having the same or materially and substantially similar effect (taking into account any regulatory requirements in each country in the Territory) as the recommended terms of this Schedule G (“Recommended Terms”) and shall take all steps as are necessary to enforce the restrictions contained in the Recommended Terms;
3.3. not connect or allow any third party to connect to the travSIM or its service provider’s network, any mobile device other than Approved Device. An Approved Device shall mean a mobile device which has been designed for use in the Territory and which is ‘3G’and/or ‘4G’ capable;
3.4. monitor activities involving fraud, artificially inflated traffic and any other breaches of security connected with the use of the travSIM or its service provider’s Services and notify its service provider immediately of any such activities;
3.5. comply with any and all security requirements (“Security Requirements”) issued by its service provider from time to time in relation to access to 3rd Party systems;
3.6. comply with all reasonable instructions issued by its service provider from time to time in relation to the use of the Services;
3.7. ensure that Services are sold and used in compliance with the applicable regulations. The service provider retains the right to terminate the Services, if an End User is found to be in non-compliance.
3.8. promptly comply with all directions issued by its service provider reasonably necessary to assist it in complying with any Regulatory Requirements
3.9. not mislead or deceive, or make any false statements or representations to, Customers or any other person in respect of the travSIM or its service provider network, the Services, the nature of the arrangements under this Agreement or travSIM or its service provider;
3.10. not make, give or apply (as the case may be) any conditions, promises, warranties, guarantees, terms, representations or other commitments in respect of, or concerning, the Services, other than those generally prescribed by travSIM or its service provider from time to time in its own standard form agreements with its own customers;
3.11. include a prohibition in all of its contracts with its end user customers from whom it solicits orders pursuant to this Agreement (“End Users”) prohibiting the connection to the travSIM’s or its service provider’s network of any mobile devices other than Approved Devices and take all steps necessary to enforce this prohibition;
3.12. not to sell Services to any end customer where travSIM is aware or has reason to believe that the End User intends to use the Services in an area which is outside the travSIM’s or its service provider’s coverage area or is specified as a constrained area.
3.13. shall indemnify on demand its service provider against all claims, demands, liability, costs and expenses (including reasonable legal fees) arising from any breach of this Schedule G by travSIM and travSIM affiliate, and/or End Users.
4. Suspension of Services
4.1. travSIM or its service provider may suspend any or all of the Services that End User uses, without notice if:
(a) travSIM or its service provider advises End User that its use of Services is excessive;
(b) travSIM or its service provider reasonably believe that End User has used Services the SIM(s) for illegal or improper purposes in contravention of the responsible use requirements above;
(c) travSIM or its service provider are required to suspend the Services by the emergency services or other government authorities.
4.2. If the network provider is experiencing high capacity usage, your access to and/or speed of services may be affected.
5. Ending this Agreement
5.1. travSIM or its service provider may end this Agreement immediately and to disconnect End User from the Services if:
(a) travSIM or its service provider has the right to suspend the Services to End User;
(b) travSIM or its service provider believes that End User’s use of the Services, are jeopardising the operation of travSIM’s, its service provider’s or their network provider’s network, or are of an unacceptable nature; or
(c) travSIM or its service provider no longer has access to other operators’ networks which travSIM or its service provider needs to provide Services, or if travSIM or its service provider is no longer able to provide Services due to factors beyond travSIM’s or its service provider’s control or because travSIM or its service provider ceases business.
6. Liability
6.1. To the maximum extent permitted by law, travSIM’s or its service provider’s network operator excludes all liability to End User, whether in contract, or howsoever otherwise arising.
6.2. Except as set out in 5.1 or 5.3:
(a) all other terms, conditions and warranties relating to Services are excluded;
(b) travSIM or its service provider and their network operator’s entire liability to End User for something travSIM or its service provider does or doesn’t do will be limited to £3,000 for one claim or a series of related claims; and
(c) travSIM or its service provider and their network operator are not liable for any loss of income, business or profits, or for any loss or corruption of data in connection with the use of Services. travSIM or its service provider and their network operator are not liable for any loss or damage that was not reasonably foreseeable when End User entered into this Agreement.
6.3. Nothing in this Agreement removes or limits travSIM or its service provider liability for fraud, for death or personal injury caused by travSIM’s or its service provider’s negligence or for any liability, which can’t be limited or excluded by applicable law.
6.4. travSIM or its service provider will try to ensure the timely delivery of Services. However:
(a) travSIM or its service provider and their network operator accept no responsibility for any use of, or reliance on, Services or for any disruptions to, or any failures or delays in, Services; and
(b) travSIM or its service provider and their network operator do not make any representations as to the accuracy, comprehensiveness, completeness, quality, currency, error-free nature, compatibility, security or fitness for purpose of Services or their content. Services are provided to End User on an ‘as is’ basis.
7. Other terms
7.1. If travSIM or its service provider or their network provider, delay, or do not take action to enforce the respective rights under this Agreement, this does not stop End User, from taking action later.
7.2. If any of the terms in this agreement are not valid or legally enforceable, the other terms will not be affected. travSIM or its service provider may replace any item that is not legally effective with a similar term that is.
8. Third Party Rights
8.1. This Agreement is entered into by the End User for their benefit with travSIM, their service provider and their respective network provider.
8.2. For the purposes of the Contracts (Rights of Third Parties) Act 1999 it is intended that travSIM’s service provider or their network provider will have the right to enforce any rights conferred on it under this Agreement and to that extent travSIM’s service provider and network provider will have the same rights against End User as would be available if they were a party to this Agreement.
GENERAL TERMS OF SERVICE
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OVERVIEW
This website is operated by travSIM GmbH. Throughout the site, the terms “we”, “us” and “our” refer to travSIM GmbH. travSIM GmbH offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted using Magento.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall travSIM GmbH, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless travSIM GmbH and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Friedrich-Franz Str. 19 Haus A. 14770 Brandenburg an der Havel, Germany.
SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at support@travsim.com.
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TERMS AND CONDITIONS FOR THE SIM CARDS
Enclosure 1: General Terms and Conditions (GTC)
travSIM GmbH: General Terms and Conditions for Prepaid Mobile Phone Services, valid
from 01/08/2013
1. Scope and amendments of the GTC
1.1 The travSIM GmbH uses different network providers in each country. The group of network providers (hereinafter referred to as "network providers") shall render its prepaid mobile phone services ("the services") at the following General Terms and Conditions ("GTC") which the contracting party ("customer") accepts by placing his order ("prepaid mobile phone contract"). The validity of differing terms and conditions of the customer shall be excluded, even in case the Network providers does not expressly object to them. These GTC shall be supplemented by product or service-specific regulations accessible and available at the network provider’s websites or stores.
1.2 These GTC shall apply to all travSIM GmbH prepaid mobile phone contracts for services concluded from 01/08/2013. The travSIM GmbH is a distributor of the SIM cards provided to the customer. The provided Services are however between the network provider and the customer.
1.3 The network provider shall be entitled to forward notifications concerning the contractual relationship to the customer by sending them to the address provided or sending a text message via the network providers’ short message service ("SMS").
2. Conclusion and duration of the contract
2.1 The prepaid mobile phone contract between the network provider and the customer shall be concluded upon receipt of the order confirmation, upon service provision (activation of the network providers’ mobile phone card) at the latest.
2.2 The travSIM GmbH shall provide a mobile phone card ("prepaid card") to the customer. The possibility to use the prepaid card in the mobile phone network operated by the network provider of that country shall be granted upon customer request (customer activation). Customer activation shall take place by entering the required data within the scope of registration via hotline or online registration on the homepage. The customer shall be obliged to provide correct data. Customer activation shall be completed when the customer makes his first call.
2.3 The network provider may reject the acceptance of the customer request for grave cause, e.g. when the customer provides incorrect information or there is a justified suspicion that the customer intends to make improper use of the services.
2.4 The prepaid mobile phone contract shall end upon final deactivation in accordance with
Section 6.3.
2.5 The right of the two contracting parties to termination without notice for cause shall expressly remain unaffected
3. Scope of services
3.1 The contents of the prepaid mobile phone contract between the network provider and the customer shall be based on the contents of the order form, the service descriptions and price lists as well as these GTC valid upon contract conclusion provided that they were pointed out during the ordering process unless agreed otherwise. The service descriptions and price lists shall be available in the travSIM GmbH or the network provider points-of-sale for inspection by the customer or shall be brought to the attention of the customer in a reasonable way by means of offering information. Amendments shall be made taking into account the statutory provisions and shall be announced to the customer.
3.2 The network provider shall provide the prepaid card with a telephone number, two personal identification numbers ("PIN") and two respective personal unblocking keys ("PUK") to the customer. The prepaid card and the PIN shall constitute the prerequisite for access to the GSM mobile phone network of the network provider operated by the network provider or the network provider mobile phone network partners. The PUK can be used for legitimisation vis-à-vis the customer service.
3.3 The customer shall be informed about the telephone number of the prepaid card, e.g. in the "welcome letter". Customers shall accept changes of telephone numbers if they are caused by measures or decisions of the regulatory authority vis-à-vis the network provider and the rules of procedures enacted in this respect or the allocation is due to incorrect information provided by the customer.
3.4 The services of the network provider shall be geographically limited to the reception and transmission range of the network provider mobile phone network operated by the network provider in that specific country. Moreover, the customer shall be entitled to make use of communication with connections abroad and communication via foreign mobile phone networks insofar as the network provider makes this technologically possible and agreed on this with the respective foreign network operators. The terms and conditions of prepaid roaming shall apply to connections abroad and from abroad.
3.5 The network provider shall provide the use of telecommunications services to the customer as part of the prepaid mobile phone contract within the meaning of Sect. 3 No. 24 Telecommunications Act (TKG) within the scope of these GTC. These are services rendered for money that fully or predominantly consist of the transmission of signals via telecommunications networks.
3.6 Beyond the telecommunications service in accordance with Section 3.5, the network provider shall grant the customer access to so-called "premium services" within the meaning of Sect. 3 No. 17 b Telecommunications Act (TKG), particularly to services rendered via the telephone number range for premium services of that country, where another service is rendered by the network provider or a third party in addition to the telecommunications service in accordance with Section 3.5. Premium services are especially chat services, music services, entertainment services, entertainment services for adults, forums and service hotlines. Premium services can also be rendered via normal landline numbers. On the whole, it is irrelevant whether the additional service is separately charged beyond the connection fee or not. If the additional service is separately charged beyond the connection fees and not separately invoiced, it shall be invoiced to the customer using this service together with the telecommunications service in accordance with Section 3.5 and Section 5. However the network provider has the right not to offer any premium services in the country of operation this is different form country to country and is up to the network provider to decide.
3.7 Even in case of generally existing network coverage, the network provider does not guarantee mobile phone network coverage within closed spaces as it may be affected by the specific constructional circumstances.
3.8 The network provider shall render its services within the scope of the capacity limits of the network provider mobile phone network. Temporary disturbances, restrictions or interruptions of services can also result in cases of emergency and disaster, due to atmospheric conditions and geographical circumstances as well as harmful interference, interruption of the power supply or due to technical modifications of the installations of the network provider or the network provider partners (e.g. network improvements, installation relocation), due to other measures (e.g. maintenance work, repairs etc.) required for the proper or improved rendering of services or for reasons of force majeure (including strikes and lockouts).
3.9 Section 3.8 shall also apply to disturbances, restrictions or interruptions of the telecommunications installations of third parties used by the network provider in order to meet its obligations resulting from the customer relationship.
4. Additional services
4.1 Separate terms and conditions, service descriptions and price lists, particularly with possibly differing contract durations and termination options, shall apply to additional prepaid services or premium services rendered by the network provider in accordance with Section 3.6. Changes of an additional prepaid service to the disadvantage of the customer (e.g. service limitations or price increases) shall not entitle the customer to special termination of this prepaid mobile phone contract.
4.2 If additional services are rendered by cooperation partners, this shall lead to the establishment of a direct contractual relationship between the customer and the cooperation partner. Cooperation partners shall be indicated as such within the scope of the offer and/or the respective service description. The service of the network provider shall be limited to the provision of the technical access to the end devices of the cooperation partner, the service management and collection in this respect. The network provider shall not be liable for performance errors of the end devices used by the cooperation partner or the fulfilment of its obligations. Service limitations or price increases of the cooperation partners shall not entitle the customer to special termination of this mobile phone contract.
The terms and conditions determined in Section 4.2 shall accordingly also apply to premium services pursuant to Section 3.6 insofar as they are rendered by third parties.
5. Invoicing, advance payment obligation of the customer and payment of the services by means of topping up the prepaid credit account
5.1 The network provider shall charge the following fees and invoice them to the customer in accordance with this
Section 5:
a) a possible one-off connection fee,
b) possible basic or package rates or a possible minimum turnover,
c) the use-dependent connection fees,
d) the use-dependent connection fees to premium services in accordance with Section 3.6, even if these are rendered via a landline number, and irrespective of whether the further service incurs a separate fee beyond the connection fee or not,
e) other use-dependent and not use-dependent fees (e.g. for additional services),
f) the separate fee beyond the connection fee for the premium service in accordance with
Section 3.6, and
g) other fees stated in these GTC or the price list,
insofar as they are charged or incurred according to the respectively valid price list depending on the customer's rate choice. The gross prices stated in the price lists shall serve as basis of contract.
5.2 The customer shall pay the network provider services from the contract and the contracts for additional services and premium services in advance; thus the customer shall be obliged to advance payment. Therefore, he can only use the services of the contract, the additional services and the premium services in case of sufficient credit on the individual credit account of the prepaid card ("prepaid credit account") with the network provider within the scope of his contract.
5.3 The fees in accordance with Section 5.1 shall be deducted from the prepaid credit account at the same time the service is rendered. Current connections shall immediately be interrupted when the prepaid credit is used up. The network provider may pass on increases of the legal value added tax rate to the customer so that the use-dependent and not use-dependent gross fees are increased. A possible increase of the legal value added tax rate and the resulting increase of the use-dependent and not use-dependent gross fees shall not entitle the customer to special termination.
5.4 The customer can make advance payments - if locally available - in the form of "top ups" as follows: (a) via an electronic top-up system, (b) by redeeming a prepaid cash card or (c) via the travSIM GmbH website as indicated under www.travsim.com.
5.5 Payments received in the bank account of travSIM GmbH without or with an incorrect reference (customer code / email/ order number) cannot be processed as top up.
5.6 If the customer states a wrong or someone else's telephone number, it cannot be excluded that the owner of the erroneously stated telephone number uses up the top-up amount. In this case, travSIM GmbH or the network provider shall not be liable for the possible credit used up and cannot refund amount. If the customer stated a wrong, however non-existing telephone number, the payment amount shall be returned to the bank commissioned and be available to the customer.
5.7 In case of top up by bank transfer/cash deposit, the booking on the travSIM GmbH account shall be carried out after receipt of payment. travSIM GmbH will email the voucher pin to the customers email address. All such sales are final travSIM GmbH will not accept returns on voucher pins. In case of redeeming a prepaid cash card, the customer shall be credited the nominal value of the prepaid cash card on his prepaid credit account within a few minutes.
5.8 An invoice for the top up of the prepaid card by bank transfer shall be prepared upon written request of the customer stating the top-up date and the respective amount. The preparation of the invoice shall be charged with a processing fee in accordance with the price list. Invoicing later than 80 days after topping up shall not be possible.
5.9 The network provider shall enable the customer to check the prepaid account balance. Billing shall be effected on a daily basis. The indication of the credit account balance shall be non-binding and shall not justify an independent entitlement of the customer to the network provider services in the respective amount.
5.10 The customer may only raise objections to the debiting of amounts from his prepaid card immediately or as soon as possible from the respective debiting. Verification on the basis of itemised data shall only be possible insofar as the customer selected full storage of the connection data in his customer order.
6. Activity time frames, final deactivation and end of contract
6.1 The customer may make outgoing calls during the activity time frame. The duration of the activity time frame shall initially amount to 60 days or three months (depending on the network provider and country) after activation and be extended by another 60 days to 3 month (depending on the network provider and country) subject to a top up of the minimum voucher amount of the network provider in that country. The activity time frame shall be accordingly extended by means of further top ups.
6.2 The activity time frame may amount to a maximum of 12 months. The respective maximum duration shall result from the rate agreed with the customer.
6.3 If the activity time frame ends, the prepaid card is permanently deactivated by the network provider. Possibly existing prepaid credit will expire and will not be refunded.The contractual relationship between the network provider and the customer shall end upon deactivation of the prepaid card.
6.4 Once the prepaid card is deactivated the number will also be recycled and eventually reallocated to other customers. The customer cannot reactivate the SIM card once it has been deactivated. The customer has no right to keep the number or clam the number.
6.5 The customer may top up his prepaid credit account during the activity time frame starting a new activity time frame.
6.6 In case the credit is used up before the expiration of the activity time frame, incoming calls shall be possible, even if the prepaid card is not topped up again.
7. Obligations of the customer concerning the handling of his user identification and "PIN"
7.1 The personal identification numbers (PIN) and the personal unblocking keys (PUK) shall be kept secret so that the unauthorised use of the prepaid card by third parties or misuse of personal information stored on the prepaid card are avoided. The customer shall immediately change the PIN if he assumes that unauthorised third parties gained knowledge of such.
7.2 The customer shall immediately inform the network provider about the loss, theft or unauthorised third-party use of the PIN and PUK.
8. Obligations of the customer concerning the handling of the prepaid card
8.1 The prepaid card shall be provided to the customer for use in accordance with the contract and the functions. It shall remain in the ownership of the network provider. The customer shall return the prepaid card to the network provider upon termination of the contractual relationship. Thus, he shall be obliged to advance payments in relation to his possible entitlements vis-à-vis the network provider due to the termination of the contract. The network provider may replace the prepaid card by another replacement card at any time.
8.2 The prepaid card shall be carefully stored by the customer so that misuse and loss are avoided.
8.3 The customer shall immediately inform the network provider about the loss, theft or unauthorised third-party use of the prepaid card.
8.4 The customer shall immediately inform the network provider about any change of his name or address. This may be carried out in writing or by telephone via the customer hotline. Legitimisation of the customer by stating a PUK, secret code or - in case of written notifications - presenting a copy of the identity card or passport and the current registration certificate shall be required.
8.5 Assignment of the prepaid card to a third party shall only be permissible if the third party proves his identity vis-à-vis the network provider by means of an official identification document stating the address (identity card or passport with registration certificate) and submits a written take-over declaration.
8.6 The customer may not use his prepaid card in switching or transmission systems in order to initiate or forward third party connections (voice communication or data transmissions) to another third party. The customer may not use his SIM card to render tele-media services or telecommunication-supported services. This includes the sending of advertising SMS, advertising MMS and advertising e-mails to users of a public telecommunications network if it does not manually address one participant but is sent to a variety of participants in a system-controlled way.
8.7 It shall not be permitted to market the network provider mobile phone services for commercial purposes or to offer them to third parties for marketing without express written prior approval by the network provider. This regulation shall also apply in case only parts of the network provider mobile phone services are concerned.
8.8 The customer shall be obliged to exclusively use the prepaid card(s) received on the basis of this mobile phone contract to make use of the contractually agreed services. The further or commercial use of prepaid card(s) to render (mobile phone) services to third parties shall be subject to the express and written prior approval of the network provider.
8.9 The customer is particularly prohibited from using the prepaid card for the following purposes:
8.9.1 Rendering interconnection services of any type between the network provider mobile phone network and other public telecommunications or IP networks and/or
8.9.2 Connection of company telephone systems or data networks (LAN/WAN) by means of so-
called GSM gateways (SIM boxes, least cost router) to the network provider mobile phone network.
8.9.3 The customer may not establish connections leading to payments or other considerations of
third parties to the customer.
9. Compensation for damages and limitation of liability
9.1 The network provider shall be liable towards its customers for financial losses negligently caused by the network provider, its legal representatives and/or vicarious agents in accordance with Sect. 44a Telecommunications
Act (TKG).
9.2 In all other cases, the liability of the network provider, its legal representatives and vicarious agents shall be determined according to the following regulations:
a) The network providers’ liability for intentional or grossly negligent damage shall be unlimited. In the same manner, the network providers’ liability for damage resulting from the culpable injury to life, body or health shall be unlimited.
b) If the prerequisites stated in a) do not exist, the network provider shall only be liable if a material contractual obligation (cardinal obligation) is culpably violated - no matter for which legal ground. In these cases, the liability of the network provider shall be limited to the contractually typical foreseeable damage. Obligations whose fulfilment only enables the proper implementation of the contract and whose compliance the contracting party may regularly rely upon shall be deemed cardinal obligations. They constitute obligations whose violation would put the achievement of the purpose of the contract at risk.
c) The abovementioned limitations of liability shall not apply to claims in accordance with the product liability act (ProdHaftG) and due to the absence of a guaranteed quality or assured characteristic of the services to be rendered by the network provider. If liability is excluded or limited, this shall also apply to the personal liability of the legal representatives, executive employees or other vicarious agents of the network provider.
9.3 The customer shall be obliged to take adequate measures for damage prevention and mitigation.
9.4 In any case of culpable violation of the Sections 8.6, 8.7, 8.8 and/or 8.9 by the customer, the
customer shall owe the network provider a contractual penalty amounting to 1,250.00 EUR per the network provider mobile phone card used in violation of the contract and/or passed on to third parties. If the customer is a legal entity, the legal representative body shall also be liable to pay the contractual penalty as joint debtor in additional to the legal entity unless the use of the network provider mobile phone card in violation of the contract occurs without its knowledge and will.
The network provider shall reserve the right to assert further compensation claims vis-à-vis the customer violating the Sections 8.6, 8.7, 8.8 and/or 8.9 in addition to the contractual penalty. Contractual penalties paid shall be offset against compensation claims of the network provider.
10. Data protection, secrecy of telecommunications
10.1 The network provider shall collect, process and use the inventory and traffic data (Sect. 96 Para. 1 Telecommunications Act (TKG)) and the usage data (Sect. 15 German Telemedia Act (TMG)) or such Act by the country of the network provider of the customer within the scope of the purpose of the contractual relationship and in other cases provided that statutory provisions prescribe or permit the data collection, processing or use or the customer consents. The network provider may also process and use inventory data for customer advice, advertising own offers and market research.
10.2 Moreover, the network provider may use traffic data stored to establish and maintain telecommunication as well as billing for the purpose of marketing telecommunications services, the demand-based design of telecommunications services or the provision of services with additional value with the consent of the customer. The customer may revoke his consent at any time with future effect.
10.3 The network provider shall delete the inventory data with the expiration of the calendar year following the termination of the customer relationship at the latest unless statutory provisions or the pursuit of claims require a longer storage period. The expiration of the billing period shall correspond to the point in time the invoice would be generated if it was a contract for a certain period of time. Deletion can be omitted if the customer raised objections to the credit amount before deletion.
10.4 The customer shall not be entitled to be issued an itemised bill. The network provider may issue an itemised bill upon written request of the customer and for a separate charge in accordance with the price list. The destination phone number on the itemised bill shall be stated in its full length or without the last three numbers at the customer's choice.
10.5 If the customer makes use of the services of other network operators, the traffic data of the customer may be passed on for the purpose of billing to external accounting centres.
11. End-device requirements
If the customer purchases a certain mobile phone ("end device with SIM lock") for exclusive use within a specific mobile phone network, he shall be obliged only to register with the end device with SIM lock within that network mobile phone network or to pay the fee to unlock the end device determined by that network provider. Such SIM lock phones cannot be used for the SIM cards sold by travSIM GmbH. Please ensure that your device is NOT SIM locked before you purchase the SIM cards provided by travSIM GmbH.
12. Jurisdiction and applicable law
12.1 The place of jurisdiction shall be the network providers main office or the place specified by the network provider provided that the customer is a businessman and the customer relationship forms part of the operation of his trading activities. However, the network provider shall be entitled to institute proceedings against the customer at any other legal jurisdiction. The legal jurisdictions shall apply to non-businessmen.
12.2 The relations of the parties shall be subject to the law of the country of the network provider operation with the exception of regulations on which legal orders are to be applied (Private International Law, Art. 3 et seq. of the Introductory Act to the German Civil Code (EGBGB)).
13. General provisions
13.1 There are no oral side agreements.
13.2 The customer may only assign rights from this customer relationship upon prior written approval of the network provider.