These terms and conditions (“Supplemental Terms”) apply to the customization of Carlson Rezidor Gift Cards purchased online and are supplemental to the General Terms and Conditions applicable to the Carlson Rezidor Gift Card (“General Terms”).
Any defined term used herein shall have the same meaning as in the General Terms, unless specifically set out otherwise herein.
“Photo Gallery” shall mean the series of photos and images that Carlson Rezidor makes available for uploading to the Gift Card.
By ordering a Gift Card with an image, Customer declares to have read and to accept the General Terms and Supplemental Terms.
The cost of personalisation of the Gift Card is four euro (EUR 4.00) or three pound sterling (GBP 3.00) per card issued. In order to personalise the Gift Card, the procedures set out in the online purchasing system must be followed. Customer has the choice of (i) uploading images from Photo Gallery which provided by Carlson Rezidor, or (ii) uploading an own photo or image into the Gift Card online purchasing system.
In case of option (ii), Customer shall ensure that the photo or image uploaded by Customer is free of third-party rights, i.e. does not infringe any third party’s personal or intellectual property rights, in particular copyrighted design or trademarks. Submitting an own photo or image, shall imply Customer’s warranty of its full intellectual property ownership or use rights in respect of the photo or image. Photos or images of single persons or a group of people shall solely be used for personalising the Gift Card, if Customer has obtained the prior express or implicit permission of the persons concerned. Upon Carlson Rezidor’s request, Customer shall provide proof of such rights.
Carlson Rezidor reserves the right to deny processing the Gift Card’s personalisation if the up-loaded photo or image contains any of the following:
- competitive marks or names;
- political or religious imagery which is offensive to cultural values;
- illegal groups;
- provocative or sexual material;
- copyrighted or trademarked material not owned by Customer;
- celebrities and public figures;
- advertising messages;
- addresses, phone numbers, e-mail addresses, URL addresses;
- violence, profanity or obscenities (incl. refer to arms, alcohol, drugs or tobacco);
- any imagery which may potentially bring Carlson Rezidor or any of its brands or its affiliated hotels into disrepute;
- any imagery which does obstruct or hinder the legibility of essential information on the card and which could promote fraud or could cause other problems;
Customer shall use a company logo for its Gift Card only, if it is the holder of the intellectual property rights. The logo shall comply with the criteria set out above. Since the Gift Card can be used in Europe and the Middle East, the Customer shall bear in mind that some images could be offensive or insulting in other countries, despite the fact that they may be acceptable in Customer’s home country.
Within three (3) working days of submitting the photo or image, Customer will receive an e-mail in case its photo or image has not been accepted by Carlson Rezidor. The Gift Card order will be cancelled entirely and any amount charged will be refunded to Customer, subject only to deduction of the fee of four euro (EUR 4.00) or three pound sterling (GBP 3.00) for personalisation of the Gift Card, which shall not be repaid to Customer.
Carlson Rezidor shall not be obliged to justify its decision, when denying any photo or image for personalisation of a Gift Card in accordance with the above criteria.
Customer does, by submitting its photo or image for personalisation of the Gift Card, grant Carlson Rezidor and its subcontractors a royalty free, unrestricted right to use such photo or images with a view to the production of the card.
The Customer accepts that the colour and picture quality of the photo or image on the Gift Card provided may differ from that of the photo or image submitted.
The Customer is fully responsible for the use of any chosen photo or image for personalisation of the Gift Card, except for material uploaded from the Photo Gallery, which is within Carlson Rezidor’s responsibility. Customer is obliged to indemnify and shall Carlson Rezidor fully harmless from any third party claim or damage incurred as a consequence of Customer’s personalized Gift Card being issued with Customer’s own photo or image, regardless of Carlson Rezidor’s right to deny issuance.
Carlson Rezidor shall not be liable, nor shall its subcontractors be held liable for any loss arising from technical problems with the issuance of a personalized Gift Card, in particular when resulting in delivery delays or loss of images submitted to Carlson Rezidor as part of an application for a personalised Gift Card.