close
1.1 These Terms of Sale apply to every Voucher
you purchase from Groupon.
1.2 Groupon means Groupon International Travel
GmbH, a Swiss company, with its registered office at c/o Bovadis Partner Treuhand AG, Herrenacker 15, 8200,
Schaffhausen, Switzerland. Groupon’s registration number is CH-180.110.104 and
its VAT number is CHE-349.386.564.
1.3 Voucher means an instrument, in either
physical or electronic form, which entitles the holder of such Voucher (the
“Voucher Holder” or "you") to receive the Merchant Offering from the
Merchant during the period of time stated on the Voucher (the “Redemption
Period”).
1.4 The Merchant Offering means the goods
and/or services to be supplied and/or provided by the Merchant to the Voucher
Holder, as specified on Groupon’s Site and on the Voucher.
1.5 The Merchant is a third party unrelated to
Groupon that sells, supplies and/or provides the Merchant Offering. Groupon
does not sell, supply and/or provide the Merchant Offering. It only sells and
supplies the Voucher. Where your Voucher is for a Travel Package, Groupon acts
as a retailer.
1.6 These Terms of Sale were last updated on 30.10.2018
(version 005). Groupon reserves the right to unilaterally amend these Terms of
Sale at any time. Amended Terms of Sale will be posted on-line from the date
changes become effective. You will be bound only to the version of the Terms of
Sale you agreed to at the time you purchase a Voucher.
2. Purchase of a Voucher
2.1 You must be at least 18 years old to
purchase a Voucher. Before you can make a purchase you need to register and
create an account with Groupon.
2.2 By clicking on the “Buy Now” button you
submit an offer to Groupon to buy the Voucher. However, the purchase of the
Voucher is not complete until you receive an email from Groupon confirming
acceptance of your offer. Groupon expressly reserves the right to reject your
offer. In addition, even if Groupon has accepted your offer, it can cancel the
contract (meaning that the Voucher becomes void) at any time if it reasonably
suspects that you have committed or that you may be committing any fraud
against Groupon, an affiliated third party of Groupon or the Merchant.
2.3 The Merchant may have its own terms and
conditions applicable to the sale, supply and/or provision of the Merchant
Offering.
3. Redemption of a Voucher
3.1 Unless expressly stated otherwise:
(a) the Voucher can only be redeemed once;
(b) the Voucher can only be redeemed with the
Merchant and not with Groupon;
(c) the Voucher is valid for one person only;
and
(d) you must follow the redemption instructions
associated with the Voucher when you redeem the Voucher with the Merchant.
3.2 All Vouchers sold by Groupon are
single-purpose Vouchers which can only be redeemed with the Merchant.
3.3 In order to redeem a Voucher you must
present it to the Merchant within the Redemption Period. If you do not redeem
the Voucher within the Redemption Period, the Voucher expires automatically,
after which it cannot be redeemed anymore and you are not entitled to any
reimbursement or compensation.
3.4 In the event that a Merchant Offering on
the Groupon Site is a “Direct Checkout” deal, Groupon will collect your
shipping details at the time of purchase. Groupon will then pass these details
to the Merchant on your behalf. The Merchant will then process the redemption
of your Voucher and dispatch the Merchant Offering to you.
3.5 Unless expressly stated otherwise, the
Voucher does not entitle the Voucher Holder to receive the Merchant Offering at
a specific time. You are strongly recommended to contact the Merchant at an
early stage after purchasing the Voucher. Doing so will give you the best
chance of securing your preferred time for the supply and/or provision of the
Merchant Offering. Groupon cannot influence the supply and/or provision of the
Merchant Offering.
3.6 If you redeem the Voucher for goods and/or
services other than the Merchant Offering, you will not be entitled to a
credit, cash refund or new Voucher for the difference between the value of the
Merchant Offering and the actual value of the goods and/or services supplied
and/or provided by the Merchant to you.
3.7 Vouchers are redeemable in their entirety
only. They may not be redeemed partially or incrementally. If, for whatever
reason, you redeem the Voucher with a Merchant for less than the original
(un-discounted) value of the Merchant Offering, you are not entitled to a
credit, cash refund or new Voucher for the difference between the original
(un-discounted) value and the redeemed value.
3.8 On behalf of the Merchant, Groupon may
collect booking fees or other costs associated with the purchase and/or
redemption of a Voucher. All such fees or costs (if any) will be communicated
to you before you purchase the Voucher.
3.9 In the event that a Merchant cannot supply
and/or provide the Merchant Offering as described for unforeseen reasons,
Groupon will notify you as soon as possible by email. Groupon will offer you
either a new voucher with comparable benefits (if available) or the repayment
of the purchase price of the Voucher. Where the Merchant Offering is a Travel
Package (as defined in Section 8.1 below) and the Merchant makes a significant
change to or is unable to perform one or more of the essential characteristics
of the Travel Package, the Merchant will inform you of such change without
undue delay. You may be offered an alternative Travel Package of at least
comparable quality to the Merchant Offering (or a suitable price reduction if
the alternative Travel Package is of lesser quality) or you will otherwise have
the right to terminate the Travel Package free of charge and obtain a refund.
The Merchant will advise you of your rights in this situation. If you do not
inform the Merchant of your decision within a reasonable period of time
specified by the Merchant, the Travel Package will automatically terminate at
the end of that period.
4. Use of a Voucher
4.1 Any purchase of a Voucher is for your
non-commercial, personal use only (although you may give the Voucher to someone
else for their non-commercial, personal use). The reproduction of a Voucher is
prohibited. The commercial trade of a Voucher is prohibited.
4.2 Your Voucher is solely your responsibility.
Neither Groupon nor the Merchant are responsible for lost or stolen Vouchers or
for retrieving Voucher reference numbers or Voucher security codes.
4.3 You promise not to provide false data
including false names, addresses and/or contact or payment details, or engage
in any unlawful activity in connection with the purchase or use of a Voucher,
or allow anyone else to do so.
4.4 Any attempt to redeem a Voucher contrary to
these Terms of Sale may render that Voucher void at Groupon’s discretion.
5. Cancellation (and exceptions), Refunds and Problems
5.1 If your Voucher is for a specific date or
period, your purchase is final and you do not have the right to withdraw.
5.2 For Vouchers other than those mentioned in
Section 5.1 above you have a statutory right to withdraw from your purchase of
the Voucher by contacting the customer service team within 14 days after the
day you receive the confirmation email (the “Voucher Cancellation Period”).
However, if you redeem the Voucher, you expressly request Groupon to begin
providing the services to you, and you acknowledge that you lose your right to
cancel the purchase of the Voucher. Since Groupon is not responsible for the
supply or provision of the Merchant Offering, once your Voucher is redeemed
Groupon has completed its services to you in full. Please note that, for the
avoidance of doubt, this section also applies to all “Direct Checkout” deals.
5.3 If you cancel your purchase of the Voucher in accordance with section 5.2 above, Groupon will refund you for all payments made as part of your purchase within 14 calendar days from the day on which you informed Groupon about your cancellation.
5.4 If you want to cancel your purchase of a Voucher you can do so in any of the following ways:
5.5 Where the Merchant Offering consists of a
Travel Package, sections 5.1 and 5.2 do not affect your statutory right to:
(a) cancel the Travel Package at any time
before the start of the Travel Package subject to the payment of a cancellation
fee indicated in the deal description. In the event of unavoidable and
extraordinary circumstances occurring at the place of destination or its
immediate vicinity and significantly affecting the performance of your Travel
Package (for example, natural disasters or acts of terrorism), cancellation
fees will not apply and you will be entitled to a full refund of any payments
made for the Voucher for that Travel Package, but will not be entitled to any
additional compensation.
(b) transfer the Travel Package to another
individual by notifying the Merchant at least seven days prior to the start of
the Travel Package. The Merchant may refuse such a transfer where the nominated
individual does not satisfy the conditions applicable to the Travel Package.
You will be jointly and severally liable with the other individual for any
outstanding payments in respect of the Travel Package, as well as any
additional fees that may apply to the transfer, which will be notified to you
in advance.
5.6 If you redeem your Voucher, but the
Merchant has not properly provided you with the Merchant Offering, or if you
have a complaint regarding the provision of the Merchant Offering, you must
take action against the Merchant directly. This is because the Merchant, and
not Groupon, is responsible for the supply and/or provision of the Merchant
Offering. Groupon only sells and supplies the Voucher. However, if you and the
Merchant cannot agree on how to resolve the complaint, Groupon may, upon your
request, try to help resolve the issue between you and the Merchant. Notwithstanding
the above, if Groupon receives any messages, requests or complaints in relation
to Travel Packages, Groupon will forward these to the Merchant without undue
delay.
5.7 Unless you expressly inform Groupon in
advance not to, any refund in cash will be refunded to you via your original
method of payment. If your original method of payment has been cancelled,
expired or has otherwise changed, you must inform the customer support team
immediately at http://www.groupon.ie/contact. If you fail to do this and you are refunded to
your original method of payment, you may need to coordinate with your bank or
your payment services provider to obtain your refund. Groupon will not provide
more than one refund.
5.8 You have 30 days from the date you receive
the refund to reject it. If you do not reject the refund during these 30 days,
the refund shall be in full and final settlement of any and all claims you may
have against Groupon related to, arising out of, or connected to that Voucher.
6. Responsibility for the Merchant Offering
6.1 Please note that the Merchant, and not
Groupon, is:
6.1.1 the seller, supplier and/or provider of
the Merchant Offering;
6.1.2 the party who enters into a contract with
the Voucher Holder when the Voucher is redeemed; and
6.1.3 solely responsible for providing the
Voucher Holder with the Merchant Offering and for the Merchant Offering itself.
7. Groupon’s Standards of Services and Liability
7.1 Groupon promises that:
7.1.1 it will exercise reasonable care and
skill in performing its obligations under these Terms of Sale;
7.1.2 the Vouchers are of satisfactory quality
and fit for their purpose; and
7.1.3 it shall not contravene the requirements
of fairness or professional diligence in what it does.
7.2 Groupon is always liable for: (a) death and
personal injury caused by Groupon’s negligence; (b) fraud or fraudulent
misrepresentation made by itself; or (c) any breach by it of the promises in
section 7.1 above or any other implied contractual terms that cannot be
excluded or limited under applicable law.
7.3 Other than as set out in section 7.2 above,
Groupon is not liable for any losses not caused by its breach or any other
losses or damages you may suffer, including any indirect losses.
7.4 Groupon does not promise the completeness,
fitness for purpose or legality of the Merchant Offering. Groupon is not
responsible for the quality, safety, usability or any other aspect of the
Merchant Offering. Any claim by a Voucher Holder relating to the Merchant
Offering should be brought by you against the Merchant.
7.5 Groupon is not liable for any breach of an
obligation under these Terms of Sale where it is hindered or prevented from
carrying out its obligations by any cause outside of its reasonable control.
7.6 Other than the liability arising under
section 7.2, which is unlimited, Groupon’s total liability to you will in no
circumstances exceed an amount which is 200% of the purchase price of the
Voucher.
7.7 In certain countries applicable law does
not allow some or all of the exclusions and/or limitations set out in this
section 7. If these laws apply to you, some or all of the above exclusions
and/or limitations may not apply to you and you may have additional rights.
8. Vouchers for Travel Packages
8.1 Where a Voucher relates to a Merchant
Offering which is a combination of travel services (for example, a flight and
accommodation) offered as a package within the meaning of the "Package
Travel Directive" (meaning Directive (EU) 2015/2302, any national
implementing laws, regulations and secondary legislation, as amended from time
to time) ("Travel Package"), you will benefit from all EU rights
applying to Travel Packages.
8.2 Where the Merchant Offering consists of a
Travel Package:
(a) The Merchant, as the organiser within the
meaning of the Package Travel Directive, will be fully responsible for the
proper performance of the Travel Package and will provide assistance in the
event of any issues with the performance thereof, which you must communicate to
the Merchant and/or Groupon without undue delay.
(b) Additionally, as required by law, the
Merchant will have protection in place to refund any payments you have made
(including the cost of the Voucher and any additional charges) and, where
transport is included in the Travel Package, to ensure your repatriation in the
event that it becomes insolvent and are no longer able to perform the relevant
travel services as a result of the insolvency. Further detail on the insolvency
protection provided with a particular Merchant Offering will be included in the
deal description.
(c) In the event of any significant changes to one
or more essential elements of the Travel Package, the Merchant will inform you
without undue delay of such changes, any impact on the price of the Travel
Package, your rights to accept the proposed change or terminate the Travel
Package within a specified time period in accordance with section 3.9 above,
and the consequences of any failure to respond.
9. Groupon’s Site
Groupon’s Site (the “Site”) means the Internet website, mobile
applications, electronic communications or services, or any location at which
you can purchase a Voucher from Groupon. You can find more information about
the terms of use of the Site, which are expressly incorporated into these Terms
of Sale, here.
10. Miscellaneous
10.1 If you breach these Terms of Sale and
Groupon takes no action against you this does not mean that Groupon has waived
its rights and remedies with regard to your breach. Groupon may still take
action or exercise its rights and remedies for that action, or any other
situation, where you breach your obligations under these Terms of Sale.
10.2 Unless otherwise stated within these Terms
of Sale, notices to be given to either party shall be in writing and shall be
delivered by electronic mail (other than if you are sending a notice to Groupon
for the purpose of legal process) or by pre-paid post. Any notice Groupon sends
to you will be to the address you supplied to Groupon when you registered for
your Groupon account. You can send any notice to Groupon electronically through
http://www.groupon.ie/contact.
10.3 If any provision of these Terms of Sale
should be held to be invalid or unenforceable, the validity and enforceability
of the remaining provisions of these Terms of Sale are not affected. Such
invalid or unenforceable provision shall be replaced by a valid and enforceable
provision which most closely achieves the economic effect contemplated by the
invalid or unenforceable provision.
10.4 If you have an issue with your Voucher you
can contact our customer service team using the online contact form at: http://www.groupon.ie/contact.
10.5 If you have a dispute with Groupon
regarding your Voucher and you are unable to resolve this dispute by contacting
our customer service team, you have the option of submitting your claim via the
EU’s Online Dispute Resolution (ODR) platform managed by the European
Commission. This is available at:
https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=EN
10.6
We will do our best to resolve any disputes about these Terms of Sale. If you
wish to bring a legal claim against us, you must do so within Ireland (and Irish
courts shall have the exclusive jurisdiction for your legal claim). The
previous sentence applies to all non-contractual relationships between you and
us.