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General Terms and Conditions for AVIA customer card

These General Terms and Conditions («GTCs») apply to the AVIA customer card and regulate the legal relationship between the card issuer and the cardholder.

  1. Participation: Upon acceptance of the card application by the card issuer, the applicant (hereinafter the «Cardholder») will receive a personal, non-transferable AVIA customer card (hereinafter the «Card») and a confidential Personal Identification Number («PIN Code»). The card issuer is entitled to reject applications for cards without stating any reasons. By signing the card application, the applicant consents to the General Terms and Conditions for using the Card. Each Card issued remains the property of the card issuer.
  2. Payment function and use of the Card: The Card generally entitles the Cardholder, unless agreed otherwise in writing with the card issuer, to use the PIN code at AVIA petrol stations in Switzerland and any other Acceptance Points (hereinafter «Acceptance Point(s)») in order to buy fuel and other goods and services sold up to a limit of CHF 200.00 per day. The Card cannot be used to buy prepaid phone cards and taxcards, or to buy lottery tickets or place other bets on games of chance and lotteries. Further limits may be placed on products and purchases at petrol station shops. If the Cardholder uses the Card to buy goods and/or services at an Acceptance Point that is not operated by the card issuer, the Cardholder acts as a direct agent of the card issuer vis-à-vis the Acceptance Point (chain operations) (Art. 32 of the Swiss Code of Obligations («CO»)). The fact that it may be temporarily impossible to make any purchases at a certain point of acceptance does not entitle the Cardholder to any claims for compensation. Any further benefit programs that may be offered to the Cardholder from time to time may be changed or terminated at any time.
  3. Due Care and Liability: The Cardholder shall use the facilities of the Acceptance Points in accordance with the relevant statutory provisions, the instructions of the Acceptance Points and with the due care required under the circumstances. The Cardholder shall be liable to the card issuer and/or to the relevant Acceptance Point for any direct or indirect damages of any kind caused negligently, intentionally or by the acts of vicarious agents. The Cardholder shall report any defects or other problems ascertained to the card issuer as quickly as possible.
    The card issuer and the Acceptance Points shall be liable to the Cardholder, to the exclusion of liability for vicarious agents, exclusively in cases of intent and gross negligence.
  4. Loss and Theft: Cardholders are required to sign the back of the Card immediately after receipt and to keep it safely and securely. The PIN Code shall be stored separately from the Card and kept secret from unauthorized third parties. Any loss or theft of the Card shall be reported to the card issuer immediately. The Cardholder is liable for any and loss and damage resulting from the loss, theft or misuse of the Card. The Cardholder shall be liable for all costs incurred by the card issuer in connection with the theft or loss of the Card. A fee of CHF 10.00 may be charged to replace a stolen, lost or damaged Card.
  5. Invoice: The cardholder shall receive a monthly invoice from the card-issuing company for the purchases of fuel and other goods and services made by him/her with his/her card at points of acceptance. It is the Cardholder's responsibility to verify the invoice promptly after receipt. Invoices shall be deemed to have been accepted unless a written objection is sent by the Cardholder within one month after receipt. The amount of the invoice shall be settled without discount according to the terms of payment specified therein. Upon expiry of the payment deadline, the Cardholder shall be in default without further notice. The Cardholder will be charged extra for any costs and expenses incurred by the card issuer as a result of late payment (particularly costs of collection and reminders and default interest). An administration fee of CHF 2.50 is charged with each invoice. This administration fee is waived if the cardholder has chosen electronic delivery of the invoice (e.g. e-payment).
  6. Cancellation and Deactivation: The Cardholder may cancel the Card at any time by returning the Card to the card issuer by registered mail one month in advance of the desired cancellation date accompanied by a copy of the Cardholder's official identification, failing which the Card shall remain valid until the embossed expiry date. Cardholders who have not cancelled the Card before the expiry date will receive a new Card automatically. Notwithstanding the foregoing, the card issuer is entitled to block, refuse to renew and demand the return of the Card at any time without stating any reasons. A Card whose return has been demanded will become invalid upon the Cardholder's receipt of said demand and must be sent back to the card issuer without delay. Making use of an expired or invalid card, or any other misuse of the card, is subject to criminal prosecution, and the Cardholder shall be fully liable for any resulting loss or damage.
  7. Changes: The card issuer is entitled at any time to change and supplement these General Terms and Conditions or to terminate the AVIA Customer Card Program. All changes and additions to the General Terms and Conditions (including processing fee adjustments) shall be published on www.avia.ch/kundenkarte. Cardholders shall be deemed to have accepted such changes and additions if they continue using the Card after such publication or fail to send the card issuer a written objection by registered letter within 30 days after such publication. If the Cardholder raises a timely objection, the contractual relationship between the card-issuing company and the cardholder shall terminate immediately, without prejudice to any outstanding claims arising from or in connection with use of the Card up to that point. The Card shall become invalid upon receipt of the objection.
  8. Duty of notification and correction: The Cardholder shall promptly give the card-issuer written notice of any changes to the Cardholder's name, address, vehicle plate number, or other information provided in the application. Cardholders are entitled to have their data corrected or supplemented at any time by notifying the card-issuer.
  9. Data protection: Personal data processing by the card issuer shall be subject to the currently applicable Privacy Notice.
  10. Applicable law and place of jurisdiction: These General Terms and Conditions shall be governed by Swiss law, to the exclusion of the Vienna Convention on Contracts for the International Sale of Goods and the provisions of the Federal Act on Private International Law.Any disputes arising out of these General Terms and Conditions and/or utilization of the AVIA card shall, in the case of business customers, be settled exclusively by the ordinary courts of the place of the card issuer's registered office.

Zürich, September 2023

AVIA Switzerland
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