In the case of the customer selects the deferred payment plan option offered by holidayheroes such plan requires the customer to enter into a loan agreement and the following terms and conditions will apply.
The below Pre-Contract Credit Information - Standard European Consumer Credit Information ("SECCI") guidelines outlines the detailed terms and conditions specified in the loan agreement
Additional Terms and conditions that appear in the loan agreement
1. Acknowledgment and Acceptance
The agreement for granting a deferral of payment of the purchase price (hereinafter also the
“Loan Agreement”) shall be considered an integral and substantive part of the agreement for
purchase of the service (“Purchase Agreement”) offered by the Creditor and shall be
conditional upon the positive outcome of certain checks conducted on the Customer – as
mentioned in point 4 below - for the purposes of possible the acceptance by the Assignee (as
defined below) of the assignment of the Creditor’s Receivable (as defined below) towards the
Customer.
2. Assignment of Receivable
The creditor may assign without recourse to a Partnering Finance provider (the “Assignee”) ,
for consideration, the receivable deriving from the Purchase Agreement, of which this Credit
Agreement constitutes an integral and substantive part, equal to the amount resulting from
the sum of the installments indicated in this Credit Agreement and the accessory amounts
(the “Receivable”), and expressly acknowledges that the final relevant debt, if assigned, is
towards the Assignee.
The customer may not transfer or assign any rights or obligations it has under this Agreement
without the merchants prior written consent.
3. Conditions for Deferral and Assignment
The customer also acknowledges that the deferral of payment of the purchase price and the
assignment of the Receivable are strictly conditional upon:
i) the customer being a German-resident consumer and at least 18 years old.
ii) the Receivable amounting to at least Euro 500
iii) the outcome of the checks on capacity, active state of the payment instrument, and
enablement to the TTL service (Computer Terminal) used, or the outcome of the check on the
minimum amount assignable and the debit of the first installment that will be requested at
the time of purchase.
iv) the outcome of the checks on regularity of the documentation or the checks conducted on
the customer also through queries of data bases managed by private entities (e.g., Crif).
As a consequence:
1) in the event that the above-mentioned checks are successful, the deferral of payment
of the purchase price under the Credit Agreement will be granted, and the relevant
Receivable maybe assigned to the Assignee. The customer will receive a notice
confirming the payment deferral, the installment plan and the means of payment
chosen by the customer and any other relevant term, according to the modalities set
out below.
2) in the event that the above-mentioned checks are not successful, the deferral of
payment of the purchase price under the Deferral Agreement will not be granted, and
no receivables’ assignment to the Assignee can take place, with the customer being
obliged to pay the price agreed upon for the purchase of the service directly to the
Merchant. The customer will be informed accordingly with the modalities set out
below.
The possible assignment of the Receivable is also strictly conditional upon the issuing of the
invoice to the customer and the confirmation of the booking to the customer not later than
15 (fifteen) days from the date of execution of the Deferral Agreement.
4. Data Privacy and Assessment
The Merchant processes the customer’s personal data in order to carry out its obligations in
this Agreement and for the additional purposes set out in the merchant’s privacy notice. The
Privacy Notice is available [link to Privacy Notice] and on the merchant’s website, and by using
the Merchant’s services the customer confirms reading this Notice.
The customer’s personal data is used for the purpose of assessing the customer’s
creditworthiness and granting the loan, the Merchant will collect, process, and use the
customer’s personal and financial information and consult internal and/or external databases.
To accurately assess the customer’s creditworthiness, the merchant may share the customer’s
Personal Data with credit reference agencies, fraud prevention agencies, and the partnering
finance providers, if applicable.
The Merchant assures the customer that all third parties are contractually obligated to use the
customer’s Personal Data solely for the intended purposes and to maintain confidentiality and
security.
The customer’s Personal Data will be retained only for as long as necessary for the purposes
set out in this clause, in accordance with the merchants and finance providers’ data retention
policy and applicable laws.
5. Termination and Withdrawal
a) In the event of (i) cancellation of the Purchase Agreement pursuant to the law or (ii)
failure to issue the invoice from the date of conclusion of the credit Agreement, or (iii)
withdrawal with total return within the term and at the conditions set out in the
Purchase Agreement, the same Purchase Agreement as well as this Deferral
Agreement will terminate and lose effect, with consequent right for the customer to
be reimbursed of the amounts paid including principal and interest amount, if any, by
the Merchant according to the terms of the Purchase Agreement.
b) The Customer has a right to withdraw from this agreement. The period of withdrawal
is 14 days from the day of the conclusion of this credit agreement. The right of
withdrawal can be exercised by sending the Merchant a message about the customer’s
request, preferably by contacting the Merchant’s customer support.
c) If the customer does not use the right of withdrawal within the period stated above,
the customer will lose the right to withdraw from this credit agreement. If the
customer uses its right of withdrawal, the customer shall within 30 days of the
message about withdrawal to the Merchant, pay the full remaining fees. For avoidance
of doubt, the right to withdrawal refers to the credit agreement and not the service
that the customer has used the credit for. If the credit is not fully repaid within 30
days, the customer will be obligated to pay default interest and possible extra
costs/fees.
d) In the event of withdrawal, (i) the relationship with the Merchant shall be governed by
the agreement for purchase of services, in compliance with the relevant applicable
legislation, and (ii) in case of consequent reduction by the Merchant of the purchase
price of the services, the credit Agreement will remain valid and effective but the
relevant installment plan shall be updated accordingly and the reduced receivable
collectible from the customer according to such revised plan. The amount and the
form of any refund as well as the reduction/amendment of the installment plan will be
notified to the customer.
6. Repayment
The deferral of payment of the purchase price agreed upon with the credit Agreement is
application of interest or other costs, except for the costs and late payment interests set out in
clause 1 above and clause 6 below.
a. If, after the date set out in the installment plan, the customer has not paid in full by
such date at the latest, the customer shall be in default without further ado and also
without a separate reminder, unless payment is not made due to a circumstance for
which the customer is not responsible or due to an objection raised in writing and
substantiated before the due date. Default shall also occur if a partial amount of the
invoice is disputed, and the undisputed part is not paid or if the customer’s objection
is rejected as unfounded. In such a case, the customer shall bear all costs incurred as a
result of the delay in payment.
b. In the event of payment default, the customer may have to bear additional cost
incurred for the collection of the outstanding amounts, it being understood that such
collection costs shall be due by the customer on top of the outstanding Receivables’
amounts, the reminder fee and the late payment interests accrued. In the event of the
collection of outstanding installments by a collection service provider, costs may be
incurred.
c. Any form of payment default, the Merchant’s at its own discretion may trigger
cancellation of the purchase agreement.
d. The customer has the right to repay the credit early at any time in full or partially. The
Merchant is not entitled to compensation in the case of early repayment and the
customer will only have to pay for costs and interest up until the full repayment of the
credit.
7. Communication and change of detail if the assignment of the receivables’ to the Assignee
takes place
a. When entering into this credit Agreement in the case the subsequent assignment is
made to the Assignee, the relationship regarding the payment of the installments of
the purchase price of the services shall be exclusively between the customer and the
assignee, thus the Merchant shall neither have any liability and/or involvement in such
relationship (except in case of service’s defect and/or total or partial return of within
the term set out in the Purchase Agreement) nor be entitled to any payment of the
purchase price by the customer.
b. The communications regarding the credit Agreement, the Receivables assignment
and/or payment (including recovery of unpaid Receivables) will be transmitted to the
customer, depending on the content of the communication, either through the
Merchant’s web platform or by the Assignee through other remote communication
technique at the addresses provided by the customer (that shall thus also be valid for
domiciliation of the communications, and include the electronic mail address).
c. When the customer gives its consent to the merchant for sending electronic
communications to the e-mail address or telephone number the customer has
provided, the customer agrees that the merchant and/or the assignee of the
receivables the finance provider may send statements, notices and other
communications under or in relation to this Agreement (other than communications
that are required by law to be sent in paper form) via e-mail to this email address or
via text message to this mobile phone number. The customer must promptly inform
the merchant of any changes to the customer's name, address, e-mail or telephone
number. The customer must provide any evidence of such changes that the merchant
or/and the finance provider may reasonably require.
8. Governing Law and Dispute Resolution
The law used by the Merchant as the foundation for relations in this agreement and the terms
of the credit are governed by and shall be interpreted in accordance with German law. Any
mandatory protection granted under German law for the purpose of consumer protection
shall apply to the Customer. Any dispute arising in connection to this Agreement shall be
settled in German general court.
9. Authorisation of continuous direct debit on payment card
9.1. The customer authorizes the Merchant, as the creditor, to send, directly or indirectly,
instructions for continuous debit to the Issuer of the customer’s payment card.
The customer hereby authorizes the Merchant to charge a new card the customer may
receive to substitute the one currently in his/her possession, and in the event of any
changes in the card data or the relationship with the Issuer (e.g. loss, theft,
substitution of the card, termination of the relationship, etc.), undertakes to promptly
notify the Merchant.
The customer hereby authorizes the Merchant, in the event the card has expired or in
any event inactive, to make the request for payment to the card with the same PAN
and new expiration date, also authorizing the Issuer/Assignor or the operator of the IT
platform used to make the deferral request and for the management of the
communications, to communicate to the Merchant any changes in the card data. The
customer acknowledges that the conditions of the contract signed with the Issuer in
effect from time to time shall apply.
9.2. In the case that the assignment of the receivables to the Assignee takes place the
customer authorizes the assignee, as the creditor (assignee of the claim deriving from
the Deferral Agreement indicated above) , to send, directly or indirectly, instructions
for continuous debit to the Issuer of the customer’s payment card, as identified above.
The customer hereby authorizes the assignee to charge a new card the customer may
receive to substitute the one currently in his/her possession, and in the event of any
changes in the card data or the relationship with the Issuer (e.g. loss, theft,
substitution of the card, termination of the relationship, etc.), undertakes to promptly
notify the Assignee.
The customer hereby authorizes the Assignee, in the event the card is expired or in any
event inactive, to make the request for payment to the card with the same PAN and
new expiration date, also authorizing the Issuer/Assignor or the operator of the IT
platform used to make the deferral request and for the management of the
communications, to communicate to the Assignee any changes in the card data. The
customer acknowledges that the conditions of the contract signed with the Issuer in
effect from time to time shall apply.
