These general terms and conditions (”TERMS AND CONDITIONS“) apply to the provision of services by Regional Hero GmbH, Propststr. 8,10178 Berlin (hereinafter “Regional Hero”) to the respective contractual partner (hereinafter “Partner”) regarding the services commissioned by Regional Hero and related ancillary services.

‍§ 1 Performance and scope

(1) Regional Hero offers various products. This framework agreement applies to all products, unless otherwise specified.

(2) In addition, the product-specific terms and conditions apply to the individual products as soon as and if the respective products are used:

(3) If and insofar as the product-specific terms and conditions apply, these have priority over these terms and conditions.

(a) Terms and conditions for employer debit cards
‍(b) General terms and conditions for the purchase and use of network vouchers
(c) General terms and conditions for the acceptance and brokerage of network vouchers

(4) Regional Hero is entitled to make full or partial use of carefully selected and supervised vicarious agents or other partners when fulfilling individual or all contractual or legal obligations. If this happens, these vicarious agents or partners do not become the partner's contractual partners.

§ 2 Contract period and termination

(1) This contract is concluded for an indefinite period.

(2) The contract may be terminated by both parties with a notice period of one month to the end of the month. The termination must be explained in TextForm (§ 126b BGB). The parties' right to extraordinary termination remains unaffected. By terminating this contract, all product-specific terms and conditions in accordance with § 1 paragraph (2) are also terminated, unless otherwise agreed.

§ 3 Payment terms

(1) For the prices charged for Regional Hero's services, the parties conclude a separate agreement in the product-specific terms and conditions in accordance with § 1 paragraph (2) or on the Regional Hero websites.

(2) Unless otherwise agreed, all prices are due for payment without deduction immediately after invoicing.

(3) Payment of the invoice is made by transfer to a Regional Hero business account or by direct debit to Regional Hero or other payment methods listed by Regional Hero. Payment methods such as credit or assignment of claims to third parties are not accepted.

(4) If the partner is in default of payment, Regional Hero is entitled to charge default interest of eight percentage points above the respective base interest rate. If Regional Hero is able to prove greater damage caused by default, Regional Hero is entitled to claim this.

(5) The partner is only entitled to offsetting rights if his counterclaims have been legally established, undisputed or recognized by Regional Hero.

(6) The partner is authorized to exercise a right of retention insofar as his counterclaim is based on the same contractual relationship.

(8) The prices calculated by Regional Hero are pure, plus the currently valid statutory value added tax — unless otherwise stated.

§ 4 Liability and warranty

(1) The partner indemnifies Regional Hero from any claims made by third parties against Regional Hero due to infringement of third party rights or conduct contrary to law or contract by the partner or his assistants. This also includes payment of the necessary legal costs. In this context, we draw particular attention to the partner's obligations under § 6.

(2) Regional Hero is only liable for damage caused by Regional Hero, its legal representatives, grossly negligently or intentionally. Unless it is an essential contractual obligation. Significant contractual obligations are those whose fulfilment enables the proper execution of the contract in the first place and on whose compliance the contractual partner may regularly rely. This applies to both contractual and non-contractual claims. Liability under the Product Liability Act and in the event of injury to a person's life, body or health remains unaffected.

(3) If the breach of a material contractual obligation was not grossly negligent or intentional, Regional Hero's liability is limited to the damage typically foreseeable at the time of conclusion of the contract, but not more than to the amounts received from the customer in the respective contract year.

§ 5 Obligations of the partner/ cooperation

(1) The partner is obliged to pay the fee agreed with Regional Hero immediately.

(2) The partner provides Regional Hero with all documents, information and materials required to carry out the agreed services or during the onboarding process. In doing so, the partner must ensure that the documents, information and materials submitted are accurate and free from errors. Any liability on the part of Regional Hero due to the processing of any incorrect information, documents or materials is excluded.

(3) The partner warrants to the best of his knowledge that (a) he is authorized to enter into this agreement, (b) all materials, information and documents provided are free from the burdens, rights or interests of third parties, and suitable for integration into all products, (c) the information does not contain viruses, spyware or other harmful source code or materials and is free of errors or data inaccuracies, (d) all content, has received and is maintained approvals, approvals and exemptions that are necessary to fulfill the obligations of this Agreement, (e) the exercise of its obligations does not infringe the rights of third parties, in particular intellectual property rights, or contradicts or hinders its existing obligations or agreements, (f) the information is in no way unlawful, harassing, obscene, pornographic, glorifying violence, harmful to young people or otherwise inappropriate, or rights of third parties injure.

(4) In the event of a breach of the above obligations, the partner must indemnify Regional Hero from all claims by third parties based on this breach of duty and from the costs arising from asserting third-party claims, in particular legal advice costs, unless the partner can prove that Regional Hero is responsible for the infringement in full or in part.

(5) The parties will immediately inform each other as soon as they become aware of such a claim. If the partner, Regional Hero, is opposed to such a claim, or if the partner thinks that the information may infringe intellectual property rights of third parties, the partner should, at its expense, (a) obtain the right to use the information for Regional Hero and its partner companies, or (b) delete, replace or change the affected data so that they no longer infringe any rights.

§ 6 Terms of service

(1) Regional Hero is not liable for delays that cannot be avoided due to responsible operational management, in particular not for unforeseeable delays due to force majeure, technical faults such as equipment failure or work compromises through no fault of their own.

(2) The general limitations of liability remain unaffected by this.

§ 7 Network exception

Regional Hero's offer of network credit corresponds to the “limited network” area exception within the meaning of Section 2 (1) No. 10 a) Payment Services Supervision Act (ZAG).

§ 8 Network credit

(1) In the case of network credit, an end customer can redeem the credit (a) with all providers who belong to a network (each provider also an “issuing office” and an “acceptance point”), or (b) or with an individual acceptance point.

(2) Each credit has a unique QR code and a unique credit number. Network credits have a PIN. The credit can be redeemed in three ways: (a) presentation of the QR code, (b) payment via app (c) payment via a debit card. The network credits

1. are not issued to a specific person and are therefore transferable.
2. They may not be paid out in cash or converted into monetary surrogates.
3. They can also be partially redeemed and the amount can be distributed to various acceptance points.
4. They must not be multiplied or manipulated in any other way under any circumstances and otherwise lose their validity.
5. They may not be used to purchase other network credits or other e-money products.

(3) With the network credit, cashless payments can be made at all participating acceptance points, which are usually identified by a mark in the entrance area and are always up to date via a debit card, in addition at all Mastercard acceptance points and on the online platform or mobile app. The corresponding amount is deducted from the network credit balance down to the minute. If there is a (residual) amount in the network credit that is not sufficient to pay the full payment obligation to the acceptance point, the acceptance agent is free to reject the payment with the network credit and demand that the full amount must be paid with a uniform means of payment.

(4) When using network credit as a means of payment, the point of acceptance remains the sole contractual partner of the end customer. Regional Hero assumes no liability or responsibility for the goods and/or services of the acceptance points. Regional Hero is therefore only liable to the end customer for the possibility of redeeming both participating acceptance points, i.e. that, upon presentation of a valid balance, they accept it as a means of payment for offered goods or services.
Regional Hero is also not liable for the fact that a specific acceptance point is still a member of the credit network at the time of redemption.

(5) The balance in the network credit can be queried on the online platform or by scanning the QR code with the associated mobile app. This requires you to enter the PIN in each case.

(6) Network assets are anonymous and stored and treated like cash. The risk of loss, theft or damage is borne solely by the end customer. Regional Hero cannot provide any compensation in these cases.

(7) The network credit is used as a means of payment and we are therefore obliged to provide end customers with the following information about payment services: The issuer of the network credit is Regional Hero GmbH based in Berlin and at Propststr. 8, 10178 Berlin. We are a limited liability company (GmbH) under German law. The seat of the competent court is Berlin. We are registered in the commercial register under number HRB 218080. We can be reached by post or email at support@regionalhero.com.

(8) In accordance with Art. 248 § 4 EGBGB, the transfer of the contractual terms to inTextForm may be requested at any time during the validity of the credit balance. On request, you will receive this information from us by post or email.

§ 9 Data protection

The data protection regulations apply.

§ 10 Applicable Law, Place of Fulfilment, Jurisdiction

(1) All contracts and transactions between Regional Hero and the partner are subject exclusively to German law, with the exception of the provisions of German law which refer to other law.

(2) The place of fulfilment is the headquarters of Regional Hero, currently Berlin.

(3) The exclusive place of jurisdiction for all claims arising from and relating to the above contracts and transactions, as well as all interacting parties (Regional Hero and registered traders, as well as legal entities under public law) regarding the establishment, settlement or termination of the business relationship, is Berlin. Regional Hero can also file lawsuits at the customer's place of residence or business.

§ 11 Final Provisions

(1) In the event of a breach by the partner of one or more provisions of these General Terms and Conditions, Regional Hero is entitled to immediate termination without notice.

(2) Regional Hero is entitled to change these general terms and conditions at any time. Changes will be notified to the partner in good time. If the partner does not object within two weeks of sending the amended terms and conditions, the amendments are considered approved.

(3) Should any of the above provisions of this agreement be or become invalid, this shall not affect the effectiveness of the remaining provisions. Instead of the invalid provision, a substitute provision that comes as close as possible to the purpose of the agreement applies, which the parties would have agreed to achieve the same economic result if they had known that the provisions were ineffective.

(4) Regional Hero reserves the right to make changes to the terms and conditions if and insofar as Regional Hero does not cause unforeseeable developments and has no influence on them, make this necessary and the balance of the contractual relationship existing at the time of conclusion of the contract is not significantly disturbed. The amendment law does not cover essential provisions of the contractual relationship, such as the type and scope of the agreed product, contract period and termination.