CLICK & RESERVE LEGAL TERMS AND CONDITIONS
These Click & Reserve Legal Terms And Conditions (“Terms and Conditions”) are applicable to contracts concluded between The Change Group Wechselstuben GmbH, Zweigniederlassung Deutschland, Kronsforder Allee 127d, 23560 Lübeck in Germany (hereinafter “we”, “our”, “us” or “Prosegur Change”) and any customer (hereinafter “you” or “Customer”) in respect of our services of enabling the Customer to reserve foreign currency online and withdrawing it from our currency exchange offices (including all related information) (the “Click & Reserve Services"), unless otherwise expressly agreed in writing.
The Click & Reserve Services can only be used through the Prosegur Change website www.de.changegroup.com (“Prosegur Change Website”). Owner and provider of such website is Prosegur Change.
Prosegur Change is regulated by the BaFin (Bundesanstalt für Finanzdienstleistungsaufsicht and Deutsche Bundesbank)under:
BaFin - ID: 10121383 (foreign exchange business (Sec. 1 Para. 1a Sentence 2 No. 7 KWG) and payment business (Sec. 1 Para. 1 Sentence 2 No. 2 ZAG)).
The terms and conditions for use of the Prosegur Change Website can be found in the Legal Notice on the Prosegur Change Website and needs to be accepted by each Customer before being able to make a currency reservation.
1. CLICK & RESERVE SERVICES. ACCOUNT
Prosegur Change is happy to provide you with the Click & Reserve Services. With this service, Prosegur Change allows you to reserve the desired foreign currency online, which you can then withdraw at our currency exchange offices. The locations of such currency exchange offices can be found on the Prosegur Change Website under www.de.changegroup.com.
Reservations can be made through the Prosegur Change Website in German or English. A reservation does not constitute an offer by the Customer.
Only certain currencies are physically kept in stock, so reservations are subject to the availability of the currencies in question. Prosegur Change reserves the right to cancel the reservation made by a Customer, especially in the event of a lack of stock or if the maximum value of reservations per calendar quarter or year is exceeded.
In order to make an online currency reservation, the Customer needs to register and create an account.
For the creation of the account, the Customer will be asked to enter certain personal data (such as (i) name (given name and surname), (ii) a valid email address of the Customer and (iii) a phone number) that Prosegur Change stores for the purpose of processing the customer account and Customer’s subsequent reservations of foreign currencies. Each Customer can only have a single customer account at a time. We reserve the right to delete multiple accounts.
When entering your personal data (e.g., when creating/modifying a customer account or placing an order), you are responsible for the accuracy and completeness of the information that you provide. You are also responsible for treating your personal login data as confidential and for never sharing such data with unauthorized third parties.
A stocking of the currency reserved by the Customer is only possible if the Customer created a respective customer account and provided us with the requested information and data accordingly.
At the time of making a respective currency reservation on the Prosegur Change Website, the Customer will be informed on the website screen of the price (“Rate”).
The calculation of the Rate is based on a variable concept depending on (i) the exchange rate applicable at that time, (ii) the withdrawal office chosen and (iii) the service fees/commissions (incl. VAT). The information concerning the Rate provided in the course of the reservation procedure neither constitutes an offer by Prosegur Change nor an acceptance by Prosegur Change of any service, particularly a binding reservation of a currency.
3. RESERVATION CONFIRMATION.
Once the Customer has successfully made the online reservation for a withdrawal of a foreign currency, the Customer will receive a confirmation email, which will specify the details of the requested reservation, i.e. (i) the Rate, (ii) payment options, (iii) the currency exchange office (branch), (iv) reservation number and (v) day and time of withdrawal (“Reservation Confirmation”). This Reservation Confirmation does neither constitute an offer nor an acceptance by Prosegur Change but is rather a confirmation of the reservation that is non-binding for the Customer as well as for Prosegur Change.
4. WITHDRAWAL OF FOREIGN CURRENCY / CONCLUSION OF A CONTRACT
When the Customer goes to the respective currency exchange office at the date stipulated in the Reservation Confirmation, he needs to provide the person in charge with the respective information and dates of the online reservation made, particularly his/her name, the reservation number and a valid ID. If the information and data given are correct and sufficient, the Customer can order the withdrawal of the reserved foreign currency by paying the indicated Rate; such payment of the Rate constitutes the offer for the conclusion of a respective agreement. Prosegur Change accepts such offer of the Customer, if and when Prosegur Change hands the foreign currency over to the Customer
5. PRICE AND PAYMENT
All prices include statutory VAT (if and to the extent applicable).
Delivery and shipping costs are not included, since the currency will not be delivered or shipped by Prosegur Change. The Rate is due and payable immediately without deduction at the designated currency exchange office at the time of withdrawal. Should the Customer be in default of payment, for whatever reason, Prosegur Change shall be entitled to charge interest at a rate of 5%-points above the respective base rate of the European Central Bank (ECB) from this point in time. Prosegur Change reserves the right to prove higher damages.
It should be noted that authorised currency exchange entities, such as Prosegur Change, are not required to apply official exchange rates, and may apply a commercial margin and/or commissions to these rates.
The Rate shall be paid in full, in cash or by card, if the respective payment option is possible at the currency exchange office and at the time of withdrawal selected by the Customer
6. PREREQUISITES FOR WITHDRAWAL.
The reserved currency will only be given to the person who made the reservation, which will require the Customer to show a valid ID to the person in charge at the currency exchange office and to provide the applicable reservation number.
Obtaining the reserved currency will be subject to compliance with applicable due diligence and internal control measures in accordance with the Anti-Money Laundering and Counter-Terrorism Financing regulations.
The Customer will be able to cancel a reservation before the chosen date and is in this case requested to cancel it as soon as possible. In addition, the reservation will be deemed to have been cancelled if the Customer does not withdraw the currency at the selected currency exchange office on the chosen date at the chosen time. In both cases, Prosegur Change will not charge the Customer any fees or costs.
8. SET-OFF, RIGHT OF RETENTION.
The Customer is only entitled to offset his claims against Prosegur Change’s claims if his claims have been legally established, if Prosegur Change has accepted them or if they are undisputed. The Customer is also entitled to offset defect- or counterclaims based on the same contract against Prosegur Change’s claims. He may only exercise a right of retention if his counterclaim is based on the same contract.
9. RETENTION OF TITLE.
The currency shall remain property of Prosegur Change until full payment by the Customer.
Prosegur Change shall be liable without limitation for damages arising from injury to life, body or health as well as for claims under the German Product Liability Act, in the event of the assumption of a guarantee and to the extent that unlimited liability exists under mandatory law provisions. For other damages, Prosegur Change shall be liable if and to the extent that they are based on an intentional or grossly negligent breach of obligations by Prosegur Change, its legal representatives, employees or vicarious agents.
In case of slight negligence, Prosegur Change shall only be liable if a material contractual obligation is breached by Prosegur Change, its legal representatives, employees or vicarious agents. In such case, Prosegur Change shall only be liable for foreseeable damage that can typically be expected to occur. Material contractual obligations are those obligations which form the basis of the contract, which were decisive for the conclusion of the contract, the fulfilment of which enable the proper performance of the contract in the first place and the observance of which the Customer regularly relies on and may rely on.
The above provisions on limitation of liability shall also apply in favor of Prosegur Change’s employees, legal representatives and vicarious agents.
11. CUSTOMER SERVICE.
Prosegur Change welcomes feedback about its services.
If you have any questions or complaints about our service, please contact us by post or email at the following address:
The Change Group Wechselstuben GmbH
Kronsforder Allee 127d
We endeavour to resolve any complaints and to provide a written response within one month
12. APPLICABLE LAW.
The law of the Federal Republic of Germany shall apply to the Click&Reserve Services and/or the contract between the Customer and Prosegur Change to the exclusion of the conflict of laws rules. The application of the UN Convention on Contracts for the International Sale of Goods is excluded.
If any provision of these Terms and Conditions is found to be invalid (e.g., illegal or otherwise unenforceable), such invalidity shall not affect the validity of the remaining provisions.
Prosegur Change 2023