Terms of Use 

1. Purpose of these Terms of Use

1.1. These Terms of Use govern the provision and use of the digital KONUS guest card.

1.2. The digital KONUS guest card is provided by Schwarzwald Tourismus GmbH, based in Freiburg im Breisgau (hereinafter referred to as “STG”), in accordance with the following provisions. This provision is based on cooperation agreements concluded with the participating towns and municipalities in the Black Forest (hereinafter referred to as “KONUS municipalities”) and the relevant transport companies and transport networks (hereinafter collectively referred to as “transport networks”). The list of participating KONUS municipalities and transport networks, as well as the current geographical area of validity of the digital KONUS guest card (hereinafter referred to as the “KONUS area”) are available here.

1.3. The Terms of Use govern the legal relationship between STG and persons staying in accommodation in a KONUS municipality who have registered there in accordance with the applicable provisions of a local tourist tax regulation or any other regulation providing for a municipal levy or tax in connection with accommodation (hereinafter the “users”).

2. Scope of the services provided by the digital KONUS guest card

2.1. General

The digital KONUS guest card serves as proof for users enabling them to use certain third-party services, described in more detail in sections 2.2 and 2.3, free of charge or at a reduced rate, in the field of public transport and in the spa and leisure tourism sector. These services are provided in accordance with the legal relationships between the users and the third parties concerned and subject to availability. These services are not provided by STG and are not covered by these terms of use.
 

2.2. Free use of public transport

a) Users may use the digital KONUS guest card free of charge as a ticket for 2nd class travel on buses and trains of the participating transport networks, in accordance with the following provisions, with the exception of ICE, IC, EC and ECE services and ski lifts.

b) The digital KONUS guest card is valid only for the named users and exclusively in conjunction with a valid official photo ID.

c) Groups of ten or more people travelling together must be registered with the relevant transport operators at least three days before departure to guarantee their transport. In principle, transport companies can only carry groups within the capacity provided for in the timetable. Particularly during peak times, not all transport requests can be accommodated. After registering with the transport company, the user will receive either a confirmation or alternative proposals.

d) The transport of animals and bicycles is not included; the respective fare rules of the transport networks apply.

e) The digital KONUS guest card can only be used during the period indicated on the digital KONUS guest card, between the first and last day of the stay, i.e. not on arrival, but also on departure on the last day of validity up to the boundary of the KONUS zone. If the planned duration of stay reported to the accommodation is changed, the period stated on the digital KONUS guest card will be adjusted accordingly. The period of validity is a maximum of two months.

f) The digital KONUS guest card is only valid within the valid KONUS area. When travelling outside the boundaries of the KONUS zone, the user must purchase a suitable ticket themselves in order to use public transport.

g) The digital KONUS guest card is non-transferable.

h) Unless otherwise specified above, the transport conditions of the relevant transport association also apply to the use of buses and trains within the KONUS zone.

2.3. Use as a spa and visitor card

Furthermore, the digital KONUS visitor card also serves as a spa and visitor card for the KONUS municipality in which the user has registered on the basis of a tourist tax regulation or another regulation within the meaning of point 1.3. As such, the digital KONUS guest card entitles the holder to free or reduced-fare use of the public facilities of the KONUS municipalities in the KONUS zone, which are made available for spa and recreational purposes, as well as free or reduced-price participation in events organised for these purposes in these KONUS municipalities, in any case in accordance with any applicable terms and conditions of the relevant service provider and subject to availability.

3. Provision of the digital KONUS guest card by STG

3.1. Principle

STG makes the digital KONUS guest card available to users in accordance with the following provisions. The provision is free of charge (see point 4).

3.2. Activation email

As soon as a user has booked a stay within the meaning of point 1.3 at an accommodation in a KONUS municipality or has registered there for such a stay without prior reservation, the system managed by STG will send them an automated email containing a link to activate their digital KONUS guest card.

3.3. Activation and registration

The user can then use the link provided in the email to activate their digital KONUS guest card, which is automatically generated upon their registration at the accommodation, as well as, where applicable, the KONUS guest cards of their travelling companions, and then register by entering their email address and a password of their choice.

Registration implies that the user agrees to these terms of use. Furthermore, prior to registration, the user is informed about data protection via a link. Once activation and registration are complete, the digital KONUS guest card personalised for the user, as well as any travelling companions listed on it, is stored on the smartphone used and can be used as described in sections 2.2 and 2.3.

3.4. Conclusion of the agreement

Registration within the meaning of section 3.3 results in the conclusion of a user agreement between STG and the user, in accordance with these terms of use.

3.5. Availability

For technical reasons, STG cannot guarantee uninterrupted availability of the IT infrastructure required for activation and use, and will, as far as possible, announce planned or foreseeable disruptions (e.g. due to maintenance) on its website www.schwarzwald-tourismus.info/konus. The availability of the IT infrastructure is guaranteed only up to the point where the router of the data centre used for this purpose connects to the internet. STG is not obliged to establish or maintain an internet or telecommunications connection to the user’s terminals. Should the service, contrary to expectations, be unavailable at the desired time, the KONUS guest card, where available, may also be obtained in traditional, non-digital form from the accommodation providers.

3.6. Term and termination

The user agreement ends upon expiry of the validity period of the digital KONUS guest card, without the need for notice of termination. Before the expiry of the validity period, the user may terminate the user agreement at any time without notice by deleting their user account. STG may terminate the user agreement before the expiry of the validity period of the digital KONUS guest card with one month’s notice. The right to terminate the agreement for good cause in accordance with statutory provisions remains unaffected.

4. STG’s services are free of charge

4.1. The user shall not be liable to pay STG any fee for the provision and use of the digital KONUS guest card.

4.2. Any fees that users may owe to third parties remain unaffected by this.

4.3. The user shall bear any internet and telecommunications costs that may arise from the use of the services.

5. Limitation of Liability

5.1. STG shall be liable, irrespective of the legal basis, in cases of intent or gross negligence, as well as in cases of injury to life, physical integrity or health, in accordance with statutory provisions.

5.2. As the services are provided free of charge, any liability on the part of STG for damages or reimbursement of wasted expenditure, regardless of the legal basis, is excluded in cases of simple or slight negligence. This exclusion of liability also applies in favour of STG’s employees and bodies.

5.3. The other statutory limitations or exclusions of liability remain in full force.

6. User obligations

6.1. The user undertakes not to disclose the password used for registration to third parties and to keep it in a safe place to prevent unauthorised access by third parties.

6.2. The user shall refrain from any alteration or manipulation of the digital KONUS guest card.

6.3. The user is furthermore obliged to comply with these terms of use and to refrain from any action that could jeopardise or impede the availability and use of the digital KONUS guest card in accordance with the agreement and its intended use.

7. Engagement of subcontractors

7.1. STG is entitled, without the user’s prior consent, to engage subcontractors or to replace the engaged subcontractors with others.

7.2. STG shall be liable for errors committed by its service providers in the same manner as for its own errors, subject to the exclusions and limitations of liability set out in clause 5 of these terms and conditions or in any separate agreements.
 

8. Severability clause and applicable law

8.1. Should any provision of these terms and conditions prove to be invalid, this shall not affect the validity of the remaining provisions. The invalid provision shall then be replaced by the applicable statutory provision.

8.2. German law shall apply, whereby the application of the conflict-of-laws rules of German private international law, which would lead to the application of a different legal system, is excluded. If the user is a consumer within the meaning of Section 13 of the BGB (German Civil Code) and did not have their habitual residence in Germany at the time of activation of the digital KONUS guest card, the application of any relevant mandatory statutory provisions of the country of their habitual residence shall not be affected by the choice of applicable law referred to in the first sentence.

9. Online dispute resolution

In accordance with the applicable legal provisions, STG notes that the European Commission offers the option of online dispute resolution via an online platform it operates. This platform is accessible via the external link http://ec.europa.eu/consumers/odr/. STG’s email address is listed at the end of these terms of use. STG does not participate in dispute resolution proceedings before a consumer arbitration body and is not obliged to do so. 
 

Updated: May 2025

Schwarzwald Tourismus GmbH
Wiesentalstraße 5
79115 Freiburg

Managing Director: Hansjörg Mair
Commercial Register: Freiburg Local Court HRB 67 42
Telephone: +49 761 896460
Email: [email protected]
Website: www.schwarzwald-tourismus.info