Common use of Changes to the Terms and Conditions Clause in Contracts

Changes to the Terms and Conditions. 18.1. The Cardholder will be informed in writing (in e-mail, fax or paper form) of any proposed changes to the T&Cs at least two months before their effective date. Such changes can only take effect with the Cardholder’s consent, which may be either express (Item 18.2.) or tacit (Item 18.3.). 18.2. Except as described in Items 18.3., 18.4. and 18.5., any changes to these T&Cs require the express consent of the Cardholder, which can be communicated to card complete in writing, by e-mail, or by other means accepted by card complete as verifying the Cardholder. If the Cardholder does not consent to the changes, the card contract remains in force but can be terminated by card complete with two months’ notice. 18.3. When it is necessary to change the T&Cs for reasons of legal changes, technical innovations or other objectively justifiable (security-relevant) reasons, or if minor changes are made in other circumstances that do not materially reduce the main service obligations of card complete, then such changes require the consent of the Cardholder. 18.4. Any changes in the T&Cs regarding charges, fees, expenses and interest (Item 20.) reflecting an increase of up to a maximum of 10% of the previous value, or a reduction or elimination of the previous value, require the consent of the Cardholder. 18.4.1. Any changes to existing values based on factors beyond card complete’s direct control, whether resulting from the business model (e.g. changes in banking interchange fees, financial oversight requirements or collective bargaining agreements) or not, can only be made on the basis of changes in the index factor as described in Item 18.4.2. 18.4.2. A change in the index factor means a change in the Consumer Price Index (“VPI 2015”) or another index in its place. The change is calculated by comparing the value from July of the previous year with that of July of the year before. (The index value published for July 2015 is taken as the reference value.) The new, adjusted value will be rounded up to the next 10 Euro Cents. If the VPI 2015 changes but, for whatever reason, no adjustment is made to the charges, fees, expenses and interest (Item 20.), this does not affect card complete’s right (with the Cardholder’s consent) to make adjustments (increases or decreases) in future years. Version July 2019 18.5. Changes to the T&Cs regarding exchange rates and how foreign currency conversion is handled require the consent of the Cardholder. 18.6. Changes to the T&Cs under Items 18.3., 18.4. and 18.5. are deemed to be accepted (i.e. the Cardholder consents) unless the Cardholder objects by the proposed date on which the changes are to come into effect, assuming that card complete has notified the Cardholder of the presumed acceptance if no objection is made by the proposed date, and of the Cardholder’s right to cancel the card contract at no cost and with immediate effect. An objection constitutes a serious reason which entitles both parties to terminate the contract. 18.7. Unless required by legal circumstances, changes to the T&Cs pursuant to Items 18.3., 18.4. and 18.5. can be made up to two times per calendar year. Any further changes during the calendar year are only allowed with express consent of the Cardholder as described in Item 18.2. 18.8. card complete will notify the Cardholder of the changes to the T&Cs, the two-month acceptance period, the commencement date of the period, the consequences of the Cardholder’s actions, the necessity of the Cardholder’s express consent (Item 18.2.) or the Cardholder’s right to object (Items 18.6.) and the Cardholder’s rights, especially the right to terminate with contract with immediate effect at no charge. 18.9. The stipulations of Items 18.1. to 18.8. do not apply for card contracts concluded with enterprises in the sense of Art. 1 of the Consumer Protection Law (KSchG). For such contracts, any changes to the T&Cs will be communicated to the enterprise in writing (e-mail, fax or paper form) at least two months before the changes are to take effect. The changes are deemed to be accepted unless the enterprise objects by the proposed date on which the changes are to come into effect, assuming that card complete has notified the enterprise of the presumed acceptance if no objection is made by the proposed date, and of the enterprise’s right to cancel the card contract at no cost and with immediate effect. An objection constitutes a serious reason which entitles both parties to terminate the contract.

Changes to the Terms and Conditions. 18.1. The Cardholder will be informed in writing (in e-mail, fax or paper form) of any proposed changes to the T&Cs at least two months before their effective date. Such changes can only take effect with the Cardholder’s consent, which may be either express (Item 18.2.) or tacit (Item 18.3.). 18.2. Except as described in Items 18.3., 18.4. and 18.5., any changes to these T&Cs require the express consent of the Cardholder, which can be communicated to card complete in writing, by e-mail, or by other means accepted by card complete as verifying the Cardholder. If the Cardholder does not consent to the changes, the card contract remains in force but can be terminated by card complete with two months’ notice. 18.3. When it is necessary to change the T&Cs for reasons of legal changes, technical innovations or other objectively justifiable (security-relevant) reasons, or if minor changes are made in other circumstances that do not materially reduce the main service obligations of card complete, then such changes require the consent of the Cardholder. 18.4. Any changes in the T&Cs regarding charges, fees, expenses and interest (Item 20.) reflecting an increase of up to a maximum of 10% of the previous value, or a reduction or elimination of the previous value, require the consent of the Cardholder. 18.4.1. Any changes to existing values based on factors beyond card complete’s direct control, whether resulting from the business model (e.g. changes in banking interchange fees, financial oversight requirements or collective bargaining agreements) or not, can only be made on the basis of changes in the index factor as described in Item 18.4.2.. Version August 2018 18.4.2. A change in the index factor means a change in the Consumer Price Index (“VPI 2015”) or another index in its place. The change is calculated by comparing the value from July of the previous year with that of July of the year before. (The index value published for July 2015 is taken as the reference value.) The new, adjusted value will be rounded up to the next 10 Euro Cents. If the VPI 2015 changes but, for whatever reason, no adjustment is made to the charges, fees, expenses and interest (Item 20.), this does not affect card complete’s right (with the Cardholder’s consent) to make adjustments (increases or decreases) in future years. Version July 2019. 18.5. Changes to the T&Cs regarding exchange rates and how foreign currency conversion is handled require the consent of the Cardholder. 18.6. Changes to the T&Cs under Items 18.3., 18.4. and 18.5. are deemed to be accepted (i.e. the Cardholder consents) unless the Cardholder objects by the proposed date on which the changes are to come into effect, assuming that card complete has notified the Cardholder of the presumed acceptance if no objection is made by the proposed date, and of the Cardholder’s right to cancel the card contract at no cost and with immediate effect. An objection constitutes a serious reason which entitles both parties to terminate the contract. 18.7. Unless required by legal circumstances, changes to the T&Cs pursuant to Items 18.3., 18.4. and 18.5. can be made up to two times per calendar year. Any further changes during the calendar year are only allowed with express consent of the Cardholder as described in Item 18.2. 18.8. card complete will notify the Cardholder of the changes to the T&Cs, the two-month acceptance period, the commencement date of the period, the consequences of the Cardholder’s actions, the necessity of the Cardholder’s express consent (Item 18.2.) or the Cardholder’s right to object (Items 18.6.) and the Cardholder’s rights, especially the right to terminate with contract with immediate effect at no charge. 18.9. The stipulations of Items 18.1. to 18.8. do not apply for card contracts concluded with enterprises in the sense of Art. 1 of the Consumer Protection Law (KSchG). For such contracts, any changes to the T&Cs will be communicated to the enterprise in writing (e-mail, fax or paper form) at least two months before the changes are to take effect. The changes are deemed to be accepted unless the enterprise objects by the proposed date on which the changes are to come into effect, assuming that card complete has notified the enterprise of the presumed acceptance if no objection is made by the proposed date, and of the enterprise’s right to cancel the card contract at no cost and with immediate effect. An objection constitutes a serious reason which entitles both parties to terminate the contract.