Terms and Conditions of Use of Schwarz Campus Service GmbH & Co. KG for the Use of the CampusCard
1 Subject Matter; Scope of Application
1.1 The Schwarz Campus Service GmbH & Co. KG, Stiftsbergstr. 1, 74172 Neckarsulm, (“SCS”) provides students, employees and other members of the Heilbronn Bildungscampus (“Users”) with the CampusCard, i.e. an ID card featuring extended functional scope (“CampusCard”) for use on the Heilbronn Bildungscampus and in all facilities that are managed by the SCS and are located outside of the Heilbronn Bildungscampus (collectively “Area of Use”). To the user, SCS is responsible for the provision and administration of the CampusCard, including the topping up of the digital wallet credit as well as the refund of the remaining balance and all related issues within the scope of these Standard Terms and Conditions of Use, even if SCS uses third parties to perform its duties in individual cases. However, SCS is not responsible for any separate contracts and service relationships established between the user and third parties related to using the CampusCard or related to the CampusCard.
1.2 These Standard Terms and Conditions of Use of Schwarz Campus Service GmbH & Co. KG for the use of the CampusCard ("Standard Terms and Conditions of Use") constitute a binding agreement between SCS and the user and govern the use of the CampusCard.
1.3 The user's general terms and conditions shall not become part of this agreement even if they have not been expressly rejected.
1.4 In addition to these Standard Terms and Conditions of Use, separate terms and conditions ("Special Terms and Conditions") may apply to extended functions of the CampusCard (as defined in clause 4.1 below) and/or special user groups, such as guest users (together with the Standard Terms and Conditions of Use referred to as "Terms and Conditions of Use"). In the event of any inconsistency between the Standard and the Special Terms and Conditions of Use, the latter shall prevail.
1.5 In addition to the Terms and Conditions of Use, house rules or other conditions of use (each a "House Rule") may contain specific provisions. In the event of any inconsistency between the House Rules and the Terms and Conditions of Use, the former shall prevail.
1.6 If and insofar as the user enters into agreements with third parties using the CampusCard or otherwise uses the CampusCard vis-à-vis third parties (e.g., purchases goods and services and pays for them with the CampusCard or uses the CampusCard for identification purposes), solely the provisions agreed upon with the respective third party shall apply to these legal relationships. SCS shall not become a party to the contract.
1.7 For the administration of the CampusCard, access to the Internet and the website www.bildungscampus.cards ("Website") is required. The connection to the Internet, the maintenance of the network connection, and the procurement and provision of the hardware and software required for the use of the CampusCard are neither subject to these Terms and Conditions of Use nor the contract between SCS and the user. To be able to make full use of the CampusCard, the user must therefore ensure Internet access and all technical equipment required in this respect and must bear the charges incurred in this regard him-/herself.
1.8 SCS does not store this contract upon conclusion of the contract. The Terms and Conditions of Use can be viewed at any time in the user account after successful registration pursuant to clause 2 or at www.bildungscampus.cards.
1.9 SCS is entitled to use subcontractors for the service provision at its own discretion.
2 Conclusion of Contract; Registration and User Account
2.1 The CampusCard is issued to Users by the institution responsible for them, i.e. the relevant educational institution or research facility ("Institution") or by SCS in the Area of Use. If the user does not yet hold a CampusCard, the CampusCard will be printed and issued after successful verification of the user's data following the user's registration in accordance with this section 2.
2.2 For the “Students” user group, the relevant institution provides SCS with the university e-mail address, the matriculation number and the user's name in addition to any other necessary user data ("Master Data of Students") for the registration of the user account.
For the “Employees” user group, the master data of the employees, such as business e-mail address, personnel number and name, in addition to any other necessary user data ("Master Data of Employees", together with the master data of the students "Master Data") are also provided to the SCS by the relevant institution or recorded by the SCS.
These Master Data are accordingly stored when the user registers and cannot be changed by the user. This serves to verify the user's authorization to use the CampusCard in the Area of Use.
2.3 The receipt of the CampusCard and the use of the extended functions (cf. section 4) require the successful registration of the user, the creation and activation of a user account ("User Account"), and the validation of the CampusCard.
Only users who have been authorized as Users by the institutions or by SCS may register.
2.4 By registering as a user and creating corresponding User Account, a user makes a binding offer by following the link - after receiving an e-mail from SCS containing a registration link - and providing all required personal information at www.bildungscampus.cards or completing the master data stored followed by clicking on the "Request Access" button ("Offer"). Prior to clicking on the "Request Access" button, Users can change their details at any time by deleting, complementing, or correcting the details provided in the various fields or by closing their web browser. The registration agreement between SCS and the user is concluded by SCS sending a confirmation of receipt of the offer to the e-mail address that the institution or SCS has stored in the User Account immediately after the SCS has received the offer.
This e-mail constitutes SCS's acceptance of the offer ("Conclusion of Contract") and contains an activation link via which Users can activate their User Accounts. Activation is required to make full use of all CampusCard functions.
2.5 Users must furthermore validate the CampusCard at a validation terminal located in the Area of Use in order to be able to make full use of all CampusCard functions. The locations of the validation terminals can be found on the website.
2.6 Once the contract has been concluded, Users may save additional master data and further information, such as payment information, to their User Accounts. The payment information is stored in an embedded iFrame of the payment service provider commissioned by SCS with the payment processing.
2.7 If Users have a digital wallet with the Studierendenwerk Heidelberg at the time of submitting their offers, they will be asked during the registration process to consent to the transfer of their existing credit balance from the digital wallet managed by the Studierendenwerk Heidelberg to the CampusCard. If Users give their consent by registering, they are obligated to refrain from making any further disposals via the digital wallet of the Studierendenwerk Heidelberg.
3. Use of the CampusCard; User Obligations
3.1 Users are obligated to use the CampusCard exclusively in accordance with the Terms and Conditions of Use.
In this regard, Users are obligated not to use the CampusCard for purposes other than those for which it was intended or not to use it in a manner that disrupts or overloads its technical operation.
3.2 User Accounts are not transferable. The CampusCard may not be transferred to third parties or made available for use by third parties.
3.3 The CampusCard must be kept with special care. All reasonable precautions must be taken to prevent misuse of the CampusCard.
3.4 In the event of loss, theft or other misappropriation of the CampusCard, Users are obliged to block their cards immediately pursuant to clause 8.4. This likewise applies in the event of reasonable suspicion of misuse of the CampusCard by third parties.
3.5 The risk of loss and misuse of the CampusCard for which the user is responsible shall be borne by Users. This also applies to the period between loss and blocking of the CampusCard. The points of acceptance, in particular, are under no obligation to verify whether the owner of the card is a legitimate card user.
3.6 Users are obliged to keep their personal data stored in their User Accounts up to date.
4 Extended Functions of the CampusCard
4.1 The CampusCard features an extended range of functions described in more detail on the website ("Extended Functions").
Users have no right to specific functions. In particular, certain user groups (especially guests) may be assigned limited functions only; available functions may change, new functions may be added, and other functions may no longer be available.
4.2 The Extended Functions of the CampusCard may only be used in the Area of Use.
5 Special Provisions for Extended Functions of the CampusCard
5.1 Payment functions
5.1.1 Use of the Payment Function: Cashless payment with the CampusCard is possible at all points of acceptance in the Area of Use. Their locations can be found on the website and indicate CampusCard as means of payment accordingly. The payment amount corresponds to the amount indicated appropriately at the point of acceptance. There is no entitlement to cashless payment.
5.1.2 Contractual Relationship Using the CampusCard: If Users make use of services provided at the points of acceptance, this shall constitute a separate contractual relationship between the Users and the point of acceptance. SCS does not owe Users the provision of services offered by the points of acceptance and payable by the CampusCard.
5.1.3 Debit: Each time a payment is made using the CampusCard, the credit balance stored on the CampusCard is reduced by the amount of the transaction.
5.1.4 Complaints: Any complaints concerning the contractual relationship between points of acceptance and Users must be resolved directly within the scope of this contractual relationship. They shall not affect the debiting of the CampusCard with the transaction amount. Any complaints regarding the CampusCard may be directed to the contact address indicated on the website and in the User Account.
5.1.5 Topping up: The CampusCard is rechargeable. The CampusCard can be topped up at the terminals provided for this purpose and/or in the User Account. The CampusCard can be topped up at the terminals using cash or card payment. Topping up by card payment at the terminals is only possible with cards whose acceptance logo is indicated on the top-up terminals. In their accounts, Users may top up their CampusCards by credit card, direct debit or other means of payment offered. The minimum amount credited to the card is 5 euros. The maximum top-up credit currently permitted is 100 euros. Topping up at cash desks is not possible. The credit balance can be checked at all terminals or in the User Account.
5.1.6 Chargeback of Top-up Amount: If SCS does not receive the amount to be paid by Users for the topping up of the CampusCard or needs to refund the top-up amount received to a third party, in particular a payment service provider ("Chargeback Claim"), SCS shall be entitled to claim reimbursement of said amount ("Chargeback Amount") against the user. A Chargeback Claim can be made, including but not limited to, in the event that execution of payment by direct debit is refused (return debit), a refund claim is made against an executed direct debit payment (direct debit reversal) or a refund request is made against a credit card transaction (chargeback) by the Payer.
"Payer" means the holder of the means of payment that was used for topping up. In addition, Users shall reimburse SCS for any costs incurred in connection with a Chargeback Claim, including but not limited to, any fees charged by payment service providers to SCS. The Chargeback Amount and any costs to be reimbursed are due for payment immediately; SCS will offset these amounts against any credit balance on the CampusCard so that the credit balance is reduced by the Chargeback Amount plus any related costs accrued. If the credit balance on the CampusCard is lower than the amount to be charged, the available credit balance will be offset in full and the payment function of the CampusCard will be disabled.
The payment function of the CampusCard will be enabled again as soon as the user has topped up the card by at least the amount yet to be offset, and SCS has offset the outstanding amount against the credit balance on the CampusCard.
5.1.7 Escrow Agreement: Amounts received by SCS from Users for topping up of the CampusCard and subsequent execution of transactions will be held by SCS, as trustor, in trust for Users until the remaining credit is paid out pursuant to clause 3.2.1 or the payment function is used at one of the points of acceptance pursuant to clause 3.1.1.
5.1.8 Payment Receipt: After each payment transaction using the CampusCard, Users may view and download a corresponding transaction receipt from their accounts for a period of 90 days. Individual points of acceptance, such as those in the canteen in particular, may issue a separate invoice receipt, if required.
5.1.9 Refund of Remaining Credit Balance: At any time during the contract term, Users may arrange for a refund of all or part of the amount remaining in their accounts via the terminals located in the Area of Use.
The credit balance will be paid out in cash or be refunded to an EC or debit/credit card. If the user's CampusCard is deactivated in accordance with the provisions of the Terms and Conditions of Use or if the contractual relationship of the parties is terminated, Users may arrange for such refund within the statutory limitation periods. The refund shall be executed free of charge.
5.1.10 Loss of CampusCard: In the event of loss of the CampusCard, the replacement CampusCard reissued to the user in accordance with the provisions of the Terms and Conditions of Use shall be revalued with the credit balance available in the User Account, less the cost of issuing a replacement CampusCard.
5.1.11 Availability and Limitation of Payment Function and Topping-up and Refund of the Remaining Balance of CampusCard: In individual cases, SCS may temporarily limit or disable the payment function of the CampusCard as well as topping up option and refunding option of the remaining balance. This may be necessary in particular in the event of maintenance work for the purpose of maintaining or restoring the usability of the CampusCard, or if there is reason to assume security concerns when using the card, or that it is being used for illegal purposes (e.g. by an unauthorized third party), or if there is reason for termination for good cause by SCS. When the reason for restricted or disabled use no longer exists, full-use availability of the CampusCard will be restored.
5.2 Authorizations to use parking areas
5.2.1 Use of Parking Areas: CampusCard users may use separate parking areas designated on site and on the website in the Area of Use, in particular designated parking garages, ("Parking Areas") during their opening hours by presenting the CampusCard at the entrance. Additional house rules of the respective operator of the Parking Areas may apply to the use of the parking areas. The parking fees for users can be found on the website.
5.2.2 30-Day Parking Ticket: CampusCard users, excluding guests, may also book and pay for a 30-day parking ticket for use of the Parking Areas via their User Accounts. Payment for the 30-day parking ticket is made on the website in the User Account. The ability to purchase a 30-day parking ticket is dependent on the facility assigned to each user - this will be displayed to Users in their User Accounts.
5.2.3 Loss of CampusCard: If the CampusCard is lost after entering a Parking Area that is secured against entry, exit is only possible after a "lost ticket" has been purchased from the ticket machine at the Parking Area concerned. Alternatively, exit is possible once a new CampusCard has been issued for the user.
6 Access Authorizations
6.1 Some of the buildings in the Area of Use have access restrictions. If access authorizations for such restricted buildings have been granted to a user by the institutions, these will be activated on the CampusCard by the institutions or by SCS on behalf of the institutions. Additional house rules of the respective operator may apply to the use of the buildings.
6.1.1 If particular access authorization is granted, the CampusCard has the function of a key.
Only Users themselves may exercise their access rights and may not transfer these rights to third parties, for example, by passing on the CampusCard. Users may find further information on access authorizations and the buildings concerned on the website and request it at the respective institution.
7 Ownership; Return
The CampusCard is the property of SCS and must be returned to the issuing institution at the end of the contract term pursuant to clause 2.1.
8 Deactivation / Blocking of Extended Functions of CampusCard
8.1 Upon loss of the CampusCard and/or expiration of the validity period of the CampusCard, the extended functions of the CampusCard are automatically deactivated. The validity period of the CampusCard can be found on the back of the CampusCard. The user's access authorizations remain in effect until they are blocked by the institution responsible for the user or by SCS at the instruction of the concerned institution.
8.2 In the event of deactivation of extended functions of the CampusCard, Users may arrange for refund of the amount remaining in their accounts within the statutory limitation periods using the terminals located in the Area of Use, after Users have requested refund at SCS. The credit balance will be paid out in cash or be refunded to an EC or debit/credit card. The refund shall be executed free of charge.
8.3 If SCS has reasonable grounds for suspecting misuse of the CampusCard or violation of the provisions applicable on the Bildungscampus, in particular the security concept, SCS will disable the extended functions of the CampusCard.
Users will be notified that extended functions have been disabled by e-mail sent to the e-mail address stored in their accounts. SCS will enable the extended functions of the CampusCard as soon as the reasons for the blocking no longer exist. Access authorizations will be blocked either by SCS itself or at the instruction of the institution(s) responsible for the user.
8.4 Users may block their CampusCards, including the extended functions and access authorizations, at any time in their User Accounts via a designated button.
9 Replacement of CampusCard
9.1 In the event of loss, theft or other misplacement of the CampusCard without the user's own fault, a technical defect of the CampusCard, or a change of the user's name, the issuing office (i.e. either the institution or SCS) will provide the user with a new CampusCard free of charge upon request to the issuing office. The CampusCard used by the user up to this point can no longer be used once issue of a new CampusCard is requested.
9.2 If the replacement of the CampusCard becomes necessary due to the fault of the user, in particular if obligations pursuant to clause 3.3 are violated, a processing and material fee will be charged to the user for the reissue of the CampusCard.
The respective fee is displayed to the user at the time of re-application and will be charged automatically via the credit balance available in the User Account or, if this falls short of the amount of the fee, via the payment information provided. The user may reserve the right to prove lower replacement costs.
10 Warranty; Liability
10.1 The services performed by SCS in connection with the CampusCard are provided free of charge to Users, so that SCS shall only be liable in cases of fraudulent concealment of a defect or error.
10.2 Therefore, SCS shall neither be liable for damages that may occur if SCS limits the usability of the card pursuant to clause 5.1.11 or in cases of force majeure such as outages and disruptions of power or telecommunication networks.
10.3 SCS liability shall be limited according to the following provisions:
10.3.1 SCS shall be liable without limitation for any damage or loss caused by willful or grossly negligent conduct as well as for culpable injuries to life, limb or health.
10.3.2 SCS shall otherwise not be liable for lack of economic success, loss of profit and indirect damage caused by a slightly negligent breach of material contractual obligations. A material contractual obligation within the meaning of this paragraph means an obligation that is essential to the due and proper execution of the agreement and on the performance of which the customer is entitled to rely.
10.3.3 The liability for slightly negligent breaches of material contractual obligations pursuant to 10.3.2 is limited to the typical and reasonably foreseeable damage at the time of the conclusion of the contract.
10.3.4 These limitations of liability shall apply mutatis mutandis in favor of SCS's employees, agents and vicarious agents.
10.3.5 Any liability of SCS for culpable injury to life, limb or health as well as liability for guarantees given and for claims based on the Product Liability Act shall remain unaffected.
11 Term; Termination
11.1 The Agreement between SCS and the user is concluded for an indefinite period. It ends automatically upon the user's termination of enrolment (deregistration) or upon termination of the user's employment with the educational institute or SCS, or upon expiration of the validity period of the CampusCard.
11.2 The user may terminate this Agreement at any time without notice. SCS is entitled to terminate this Agreement upon one month's notice to the end of a calendar month. For clarification: Termination pursuant to this clause 11.2 as well as pursuant to clause 11.3 hereinafter refers exclusively to this Agreement and thus to the User Account created under this Agreement.
11.3 The statutory right to terminate the Agreement without notice for good cause shall remain unaffected.
11.4 The parties agree that good cause for termination by the SCS includes but is not limited to the following cases:
a) The user violates the Terms and Conditions of Use in a manner that is likely to cause not insignificant disruption to the use of the CampusCard by other users; and
b) The user violates third-party rights while using the CampusCard.
11.5 Instead of termination, SCS may also temporarily block the user or temporarily or permanently exclude the user from individual functionalities of the CampusCard.
12.1 Choice of Law. These Terms and Conditions of Use shall be governed by German law to the exclusion of its conflict of law provisions and the UN Convention on Contracts for the International Sale of Goods (CISG).
12.2 Language. The contract language shall be German.
12.3 Jurisdiction. Provided that the (i) Users are merchants, legal entities or special funds under public law, (ii) Users, do not have a general place of jurisdiction in Germany at the time of conclusion of the contract or change their general place of jurisdiction or place of residence to a place abroad upon conclusion of the contract, and (iii) Users’ place of residence or domicile is unknown at the time when legal proceedings are instituted, place of jurisdiction is Stuttgart and place of performance is Heilbronn. Place of jurisdiction shall otherwise be determined by general rules.
12.4 Amendments to Terms and Conditions of Use. SCS may change the Terms and Conditions of Use subject to this clause12.4 provided that it does so (i) to implement adjusted legal requirements or court decisions, (ii) to implement adjusted technical requirements, (iii) to maintain operations of SCS, (iv) to adapt to adjusted market conditions, and (v) in favor of the user. An adjustment may only be made to the extent that the contractual balance between SCS and the user is not shifted at the expense of the user. SCS will inform Users of an adjustment at least six weeks in advance by e-mail.
Users may object to the adjustment. If the user does not do so within a six-week-period upon receipt of the adjustment notification, consent shall be deemed to have been given. The adjustment notification shall inform the user separately about the six-week period and the legal consequences of remaining silent.
12.5 Mandatory Information for Consumer Dispute Resolution. The European Commission provides a platform for online dispute resolution (ODR) at http://ec.europa.eu/consumers/odr/. SCS is neither willing nor obliged to participate in any form of dispute resolution before a consumer arbitration board.
12.6 Severability. If individual provisions of this Agreement are or become invalid after this Agreement is entered into, the validity of the other provisions of this Agreement shall not be affected. The parties are obliged, to the extent which is reasonable, to replace the invalid provision with a provision that most closely reflects the intended legal result and the desired commercial outcome in good faith, provided that such replacement does not constitute any material changes to the contractual contents.
As of: 10 June 2021