Name: Romantik Hotel Zur Schwane
Address: Hauptstraße 12, Volkach, 97332, de
Telephone: +49 9381 80660
Price range: 90 EUR

Joint controllership with Romantik® Hotels & Restaurants AG

Romantik Hotel Zur Schwane, Hauptstraße 12, 97332 Volkach processes personal data in certain cases jointly with Romantik® Hotels & Restaurants AG, Friedrich‑Ebert‑Anlage 18, 60325 Frankfurt am Main, in accordance with Art. 26 GDPR.

Joint controllership exists in particular for:

· Bookings via central platforms of Romantik® Hotels & Restaurants AG

· Management of network customers

· Implementation of joint marketing and communications measures

· Use of customer loyalty programmes (e.g. RomantikCard)

· Processing of reviews and feedback

For processing activities that fall solely within the hotel's area of responsibility (e.g. direct bookings, stays on site, local payment processing), the hotel is solely responsible.

Data subject rights may be asserted both against the hotel and against Romantik® Hotels & Restaurants AG.

The use of services by our hotel (hereinafter Romantik Hotel) is based on the following General Terms and Conditions. Our Romantik Hotel is part of the hotel and restaurant cooperation “Romantik Hotels & Restaurants AG”, which is why, in addition to our T&Cs, those of the parent organisation must also be observed.

§ 1 Scope

§ 2 Brokerage of accommodation contracts and contracts for package tours

2.1 General

2.2 Booking of overnight stays or booking of packages not subject to package travel law

2.2.1 General

2.2.2 Conclusion of contract and contractual partner

2.2.3 Prices and payment

2.2.4 Right of cancellation

2.2.5 Arrival/departure/cancellation

2.2.6 Rights in the event of defects

2.3 Sale of vouchers

2.3.1 The Romantik gift vouchers have in particular the following features:

2.3.2 Conclusion of contract

2.3.3 Prices and shipping costs

2.3.4 Delivery

2.3.5 Cancellation policy for private customers/consumers

2.3.6 Rights in the event of defects

2.4 Booking of package tours

2.4.1 General

2.4.2 Conclusion of contract and contractual partner

2.4.3 Prices and payment

2.4.4 Right of cancellation

2.4.5 Arrival/departure/cancellation/transfer of contract

2.4.6 Rights in the event of defects

2.4.7 Duty of assistance of the tour operator

2.4.8 Limitations of liability

§ 3 Bringing animals, other obligations of the Romantik guest

§ 4 Limitation of liability

§ 5 Copyrights/intellectual property rights

§ 6 Miscellaneous

§ 7 Data protection and participant identification

§ 8 Dispute resolution

§ 9 Applicable law and place of jurisdiction

§ 1 Scope

(1) Services used by Romantik Hotels or offered by Romantik Hotels are provided exclusively on the basis of these General Terms and Conditions. These form part of all contracts that Romantik Hotels concludes with Romantik guests and business partners. The contractual partner of Romantik Hotels agrees to the General Terms and Conditions of Romantik Hotels.

(2) These T&Cs apply both to all non-binding reservation enquiries and to binding bookings of accommodation via the internet portal of Romantik Hotels.

(3) The contractual partner's terms and conditions shall not apply, even if Romantik Hotels does not separately object to their validity in individual cases. Even if Romantik Hotels refers to a letter containing or referring to terms and conditions of the contractual partner or of a third party, this does not constitute consent to the validity of those terms and conditions. Deviating terms and conditions must be agreed separately in writing.

§ 2 Brokerage of accommodation contracts and contracts for package tours

2.1 General

(1) Package tours are marked separately and are subject to the special provisions in clause 2.3 of these General Terms and Conditions. For the definition of package tour, see clause 2.2.1. Where there is no package tour, the provisions of clause 2.2 of these General Terms and Conditions apply.

(2) Where vouchers are offered on the Romantik Hotel website, the following apply:

a) For vouchers that specify travel services for a certain period or a specific date, either the provisions of package travel law (2.4) or those for overnight stays (2.2)

b) Otherwise (value vouchers, no fixed period) the provisions relating to vouchers (2.3).

2.2 Booking of overnight stays or booking of packages not subject to package travel law

2.2.1 General

(1) The following provisions concern the mere booking of overnight stays or those bookings that are not subject to package travel law. Within our Romantik Hotels, these are in particular

a) those bookings that relate to only one travel service or

b) additional bookings that are an essential part of another travel service or

c) booking of additional tourist services that do not represent a significant share of the total value and are not advertised as such, or

d) booking of tourist services which are selected and agreed only after the actual travel service has begun within the meaning of § 651a(1) no. 1-3 BGB

and which are not at the same time

e) marked as a package tour or

f) concluded through brokering of another travel service by means of an online booking with data being transmitted to the service provider.

Otherwise we refer to the provisions of §§ 651a-c BGB.

(2) Where there is no package tour, the parent organisation Romantik Hotels und Restaurants AG acts as a travel intermediary. Reservation enquiries by the Romantik guest for our Romantik Hotel in written, telephone or electronic form or by using the booking and reservation websites of www.romantikhotels.com are forwarded via the hotel and restaurant cooperation 'Romantik Hotels & Restaurants AG' in its capacity as a mere messenger on behalf of the Romantik guest to our Romantik Hotel for review and reconfirmation. Accommodation contracts are therefore concluded exclusively between the Romantik guest and our Romantik Hotel on our contractual terms and general terms and conditions.

(3) Online bookings are made directly 'online' via the reservation platform of TourOnline, which provides the booking system. TourOnline is neither contractual partner nor travel intermediary.

(4) Telephone bookings are possible at Romantik Hotels. If such a booking is made with the parent organisation of the hotel and restaurant cooperation 'Romantik Hotels & Restaurants AG' in Frankfurt, they likewise accept the booking as messenger of the Romantik guest and enter the booking into the online booking system. Otherwise the statements made below regarding online bookings apply. The guest receives a binding booking confirmation.

2.2.2 Conclusion of contract and contractual partner

(1) The contractual partner of the Romantik guest is our Romantik Hotel.

(2) The following applies to all booking types: the basis of the offer and the booking is the description of the accommodation and the supplementary information on our booking pages, insofar as these are available to the Romantik guest at the time of booking.

(3) The following applies to booking:

a) As a rule, booking is made electronically by completing and submitting the booking form. Telephone bookings or bookings via email are entered by our Romantik Hotel into the hotel management system. After booking, the Romantik guest receives a binding booking confirmation; otherwise subsection (3) d) applies.

b) Clicking the “Book” button opens a booking form. There the Romantik guest can select the desired period, the room, any additional services and enter personal data. Alternatively, the Romantik guest may also open a customer account.

c) Before a booking is submitted, the content including customer data is summarised on an overview page. The Romantik guest can correct all booking data there. By clicking the “book bindingly” button, the Romantik guest makes a binding offer to our Romantik Hotel to conclude a contract. After booking, the Romanik guest receives a binding booking confirmation.

d) The contract text of the booking is stored by our Romantik Hotel. The Romantik guest is sent these General Terms and Conditions together with the booking confirmation and the required statutory documents and can then save and print them.

(4) Depending on the type of booking envisaged, part of the booking process requires a credit card number and the validity period of the credit card to be provided. The requirement to provide a credit card number is explicitly indicated in each booking dialogue. This information is transmitted to our Romantik Hotel and checked before your reservation is confirmed. The credit card guarantees payment to us of all costs incurred for the booked accommodation and may therefore also be charged by us for any cancellation costs or compensation.

(5) The Romantik guest assures that all information provided by them when ordering or registering in the online shop (e.g. name, address, email address, etc.) is truthful. Any changes must be reported immediately to our Romantik Hotel. As order processing and contact normally take place by email, the Romantik guest must ensure that emails can be received at this address.

(6) In the case of booking confirmations made verbally or by telephone, our Romantik Hotel will normally additionally send the Romantik guest a written copy of the booking confirmation. However, verbal or telephone bookings made by the Romantik guest also lead to a binding conclusion of contract if the corresponding verbal or telephone confirmation by our Romantik Hotel is binding, even if the Romantik guest does not receive the corresponding written additional copy of the booking confirmation.

2.2.3 Prices and payment

(1) Unless otherwise stated, all prices apply per room/night. The prices stated in the booking offer are final prices and include the applicable statutory VAT. Local spa contributions/tourist taxes/accommodation taxes as well as costs for optional/additional services that are only booked or used on site must be paid separately. Which taxes and other charges apply to accommodation abroad is determined by the respective local regulations.

* We reserve the right to adjust the prices for 2024 in accordance with the VAT then applicable.

(2) The costs shown in the booking for accommodation and any ancillary services must be paid by the Romantik guest directly to our Romantik Hotel or the third-party provider of the ancillary services, unless otherwise agreed between us and the Romantik guest.

(3) The due date for the deposit and final payment is governed by the agreement made between the Romantik guest and our Romantik Hotel and noted in the booking confirmation. If no special agreement has been made, the full accommodation price including charges for incidental costs and additional services becomes due at the end of the stay and must be paid to our Romantik Hotel.

(4) Our Romantik Hotel is entitled, after conclusion of the contract, to require a deposit of up to 20% of the total price of the accommodation services and booked additional services, unless otherwise agreed in the individual case regarding the amount of the deposit.

(5) Payments in foreign currencies and by crossed cheque are not possible. Credit card payments are only possible if this has been agreed or offered by our Romantik Hotel by notice.

(6) If the Romantik guest fails to make an agreed deposit despite our reminder setting a reasonable deadline, or fails to make it in full within the specified period, then, insofar as we ourselves are willing and able to provide the contractual services and no statutory or contractual right of retention of the Romantik guest exists, we are entitled to withdraw from the contract with the Romantik guest and to demand cancellation costs from them in accordance with clause 2.2.5 of these conditions.

2.2.4 Right of cancellation

In accordance with statutory obligations, the Romantik guest is informed that under the statutory provisions (§ 312g para. 2 sentence 1 no. 9 BGB), there is no right of cancellation for guest accommodation contracts concluded at a distance (letters, catalogues, telephone calls, telecopies, emails, messages sent via mobile services (SMS) as well as broadcasting and telemedia), but only the statutory rules on non-use of rental services (§ 537 BGB) apply. However, a right of cancellation exists if the guest accommodation contract was concluded outside business premises, unless the negotiations on which the conclusion of contract is based were conducted following a prior order by you as consumer; in the latter case, there is also no right of cancellation.

2.2.5 Arrival/departure/cancellation

(1) The following provisions apply insofar as no other agreements have been made in the individual case between the Romantik guest and our Romantik Hotel.

(2) The accommodation must be vacated by the Romantik guest at the agreed time, and without special agreement no later than 10:00 on the day of departure. If the accommodation is not vacated on time, our Romantik Hotel may charge an appropriate additional fee. We reserve the right to claim further damages.

(3) If the selected reservation type specifies a time limit for check-in, the reservation expires in the event of late arrival. There is then no further entitlement to accommodation.

(4) The Romanik guest is entitled to withdraw from the contract at any time before the start of the trip against payment of reasonable compensation or a flat-rate compensation in accordance with subsection (5).

(5) According to the percentages recognised by case law for calculating saved expenses, the Romantik guest is obliged to pay the following flat-rate compensation to our Romantik Hotel, each calculated on the total price of the accommodation services (including all ancillary costs), but excluding spa contributions or other municipal charges:

a) For accommodation without meals 90%

b) For overnight stay/breakfast 80%

c) For half board 70%

d) For full board 60%

(6) However, this does not apply

a) insofar as the Romantik guest has been granted a free right of cancellation by our Romantik Hotel or by the parent organisation Romantik Hotels & Restaurants AG in the individual case and the declaration of the Romantik guest exercising this free right of cancellation, which does not require any specific form, reaches us in due time.

b) if unavoidable, extraordinary circumstances occur at the destination or in its immediate vicinity which significantly affect the execution of the trip.

(7) The Romantik guest expressly reserves the right to prove to our Romantik Hotel that the saved expenses are significantly higher than the deductions taken into account above, or that the accommodation services or other services have been used elsewhere. In the event of such proof, the Romantik guest is only obliged to pay the correspondingly lower amount.

(8) The declaration of cancellation must be addressed directly to our Romantik Hotel for all bookings and must be made in text form.

Cancellation Restaurant Weinstock

We reserve the right, in the event of a short-notice cancellation (on the day of the reserved table), to charge a fee of €100.00 per person. For table reservations of 6 persons or more, free cancellation is possible up to 7 days before the table reservation.

2.2.6 Rights in the event of defects

(1) To assert travel defects, please contact our Romantik Hotel. Insofar as this is not a package tour, the warranty provisions are governed by the statutory provisions of rental and contract for work law.

(2) Furthermore, our Romantik Hotel is entitled to withdraw from the contract for the following reasons:

a) If the Romantik guest has culpably booked services of our Romantik Hotel with misleading and/or false information and/or by withholding material facts and the fact or true information is material to our Romantik Hotel; the information/fact is material if, for example, it leads to our Romantik Hotel carrying out a booking that would not have been carried out without this fact or the true information.

b) Our Romantik Hotel has justified reason to believe that the Romantik guest is breaching the provisions of the booking contract including these T&Cs, in particular misusing the booked rooms for purposes other than intended or that the purpose of the stay violates the law or public order.

c) our Romantik Hotel has justified reason to believe that the use of the services by the Romantik guest may endanger the safety of guests and/or staff and that this risk is based on circumstances attributable to the Romantik guest

As a condition for the respective withdrawal, our Romantik Hotel must inform the Romantik guest immediately of the withdrawal and exercise the right of withdrawal without delay; insofar as deposits have already been made by the Romantik guest, these will be refunded by our Romantik Hotel unless there is a right of retention on our part or even a claim for damages on our part.

2.3 Sale of vouchers

2.3.1 The Romantik gift vouchers have in particular the following features:

(1) Our Romantik Hotel sells its own vouchers. The following provisions apply to these. The following provisions apply to vouchers without a specified date/period, even if the vouchers are issued for a package tour.

(2) Our vouchers cannot under any circumstances be exchanged in whole or in part for cash.

(3) They must be used within their validity period. After expiry of the validity period, they can no longer be subject to refund or any use

(4) Our service vouchers have a validity period of one year. The vouchers expire at the end of the first year after the date of issue of the voucher. The validity of our value vouchers is governed by law.

(5) Our vouchers can only be redeemed in our Romantik Hotel.

(6) Our value vouchers can only be redeemed for the value stated in euros on the gift voucher.

2.3.2 Conclusion of contract

The contract is concluded upon acceptance of the offer.

2.3.3 Prices and shipping costs

Prices depending on value. Shipping at the current postal rates.

2.3.4 Delivery

(1) Delivery takes place after receipt of full payment of the price, either by direct handover of the Romantik gift voucher or by dispatch to the Romantik guest.

(2) The ordered voucher may be sent, at the choice of the Romantik guest and at their expense, to their personal address or directly to the named beneficiaries.

(3) Delivery takes place within the delivery period stated for the respective product. If our Romantik Hotel does not meet an agreed delivery date, the Romantik guest must set a reasonable grace period, which must in no case be less than two weeks.

(4) All delivery periods stated by our Romantik Hotel at the time of ordering or otherwise agreed start on the day of receipt of the full purchase price (including VAT and shipping costs).

(5) Compliance with the shipping date is determined solely by the day on which our Romantik Hotel hands over the goods to the shipping company.

(6) Our Romantik Hotel is not liable for impossibility of delivery or for delays in delivery insofar as these are caused by

a) force majeure (e.g. civil unrest, acts of terrorism, strikes/lockouts, natural disasters, acts of war, difficulties in sourcing materials, local power cuts, accidents, difficulties in obtaining any necessary official approvals, execution of bh)

b) virus and other third-party attacks on the IT system of Romantik Hotels, although Romantik Hotels has taken protection measures corresponding to the current state of the art, or

c) obstacles due to German, US and other applicable national, EU or international foreign trade law regulations or due to other circumstances,

for which we are not responsible. In the event of unavailability of the ordered goods for which our Romantik Hotel is not responsible as a result of the events referred to in sentence 1, the Romantik guest will be informed immediately of the lack of delivery possibility. If such events make delivery or performance impossible for our Romantik Hotel and the impediment is not merely temporary, we are entitled to withdraw from the contract insofar as we have not assumed the procurement risk. In the case of temporary impediments, the delivery or performance periods are extended or the delivery or performance dates postponed by the period of the impediment plus a reasonable start-up period.

(7) If a binding delivery or performance date has been agreed and the agreed delivery or performance date is exceeded by more than four weeks due to events pursuant to subsection 8 sentence 1, or if, in the case of a non-binding performance date, adherence to the contract is objectively unreasonable for the Romantik guest, the Romantik guest is entitled to withdraw from the contract for the part not yet fulfilled. In the event of withdrawal by the Romantik guest and/or by our Romantik Hotel, any performance already provided will be refunded immediately. Further claims by the Romantik guest, in particular claims for damages, do not exist in this case.

(8) If our Romantik Hotel is in default with a delivery or service or if a delivery or service becomes impossible for any reason, the liability of our Romantik Hotel for damages is limited in accordance with § 4 of these General Terms and Conditions.

(9) If the Romantik guest is a consumer, the risk of accidental loss, accidental damage or accidental loss of the delivered goods passes to the Romantik guest at the time the goods are delivered to the Romantik guest or the Romantik guest is in default of acceptance. In all other cases, the risk passes to the Romantik guest upon delivery of the goods to the carrier.

(10) If the client is an entrepreneur, the risk of accidental loss and accidental deterioration of the goods passes to the Romantik guest upon handover, and in the case of a sale by dispatch upon delivery of the item to the forwarder, carrier or other person or institution designated to carry out the dispatch.

2.3.5 Cancellation policy for private customers/consumers

Note: The following right of cancellation exists only if the Romantik guest is a consumer within the meaning of § 13 BGB. The following right of cancellation does not apply to orders of goods that were personalised and/or individually made.

Cancellation policy

Right of cancellation

You have the right to cancel this contract within 14 days without giving any reason. The cancellation period is 14 days from the day on which you or a third party nominated by you, who is not the carrier, took possession of the goods. To exercise your right of cancellation, you must inform us

Romantik Hotel Zur Schwane GmbH & Co. KG, Hauptstraße 12, 97332 Volkach, E-mail: schwane@romantikhotels.com

by means of a clear statement (e.g. a letter sent by post, fax or email) of your decision to cancel this contract. You may use the attached model cancellation form for this purpose, but this is not obligatory. To meet the cancellation deadline, it is sufficient for you to send the notice of exercising the right of cancellation before the cancellation period has expired.

Effects of cancellation

If you cancel this contract, we must reimburse to you all payments received from you, including delivery costs (with the exception of any additional costs arising from your choosing a different type of delivery than the cheapest standard delivery offered by us), without undue delay and at the latest within 14 days from the day on which we received notification of your cancellation of this contract. For this reimbursement we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees for this reimbursement. We may withhold reimbursement until we have received the goods back or until you have supplied evidence that you have returned the goods, whichever is the earlier. You must return or hand over the goods promptly and in any event within 14 days from the day on which you inform us of the cancellation of this contract, to Romantik Hotels & Restaurants AG, Hahnstr. 70, 60528 Frankfurt am Main. The deadline is met if you send the goods before the 14-day period has expired. You bear the direct cost of returning the goods. You only have to pay for any diminished value of the goods if this diminished value is due to handling of the goods that is not necessary for checking their condition, characteristics and functioning.

2.3.6 Rights in the event of defects

(1) In the event of a material defect in the purchased item, the statutory provisions apply in principle.

(2) If the Romantik guest is a consumer, they can primarily demand subsequent performance, i.e. at their option replacement delivery or rectification of defects. However, if the

(3) Romantik guest is an entrepreneur, Romantik Hotels may choose between rectification of defects or delivery of a defect-free item, whereby this may only be done by notification in text form (also by fax or email) to the Romantik guest within three working days of receipt of the notification of the defect. Our Romantik Hotel may refuse the type of subsequent performance chosen by the Romantik guest if this is only possible at disproportionate cost.

(4) If subsequent performance under subsection 1 fails or is unreasonable for the Romantik guest or we refuse subsequent performance, the Romantik guest is entitled, in each case in accordance with applicable law, to withdraw from the purchase contract, reduce the purchase price or demand damages or compensation for futile expenses. For claims by the Romantik guest for damages, the special provisions of § 4 of these General Terms and Conditions also apply.

(5) The following applies only to businesses: The Romantik guest must inspect the goods carefully immediately after dispatch. The delivered goods shall be deemed approved by the Romantik guest if a defect (i) in the case of obvious defects is not notified within five working days of delivery or (ii) otherwise within five working days of discovery of the defect.

(6) If the complaint was unjustified and the item was free of defects, our Romantik Hotel is entitled to charge the Romantik guest shipping and inspection costs of EUR 40.00. The Romantik guest reserves the right to prove lower costs, and we reserve the right to prove higher costs.

(7) The Romantik guest does not receive guarantees in the legal sense from our Romantik Hotel. Manufacturer warranties remain unaffected.

2.4 Booking of package tours

2.4.1 General

(1) The following provisions apply insofar as our Romantik Hotel acts as tour operator. This concerns in particular the booking of package tours, as described in clause 2.2.1. Our Romantik Hotel endeavours to label the package travel services accordingly. The following provisions therefore concern in particular the arrangements marked as package tours within the Erlebniswelten.

(2) Booking of travel services and arrangements within the Erlebniswelten is possible in written, telephone or electronic form directly with our Romantik Hotel or by using the booking and reservation website of www.romantikhotels.com via the parent organisation of the hotel and restaurant cooperation 'Romantik Hotels & Restaurants AG'.

(3) Online bookings are made directly 'online' via the reservation platform of a strategic internet partner of the parent organisation Romantik Hotels & Restaurants AG. This is TourOnline, which provides the booking system. TourOnline is neither contractual partner nor travel intermediary nor tour operator.

2.4.2 Conclusion of contract and contractual partner

(1) The contractual partner for the package tours booked with us by the Romantik guest is our Romantik Hotel. In accordance with §§ 651a ff. BGB, this is responsible for the proper provision of all travel services covered by the contract.

(2) The following applies to booking:

a) Booking is carried out exclusively electronically by completing and submitting the booking form. Telephone, electronic or written bookings are entered by our Romantik Hotel into the hotel management system. After booking, the Romantik guest receives a binding booking confirmation; otherwise subsection (3) d) applies.

(3) Depending on the type of booking envisaged, part of the booking process requires a credit card number and the validity period of the credit card to be provided. The requirement to provide a credit card number is explicitly indicated in each booking dialogue. This information is transmitted to our Romantik Hotel and checked before your reservation is confirmed. The credit card guarantees payment to us of all costs incurred for the booked accommodation and may therefore also be charged by us for any cancellation costs or compensation.

(4) The Romantik guest assures that all information provided by them when ordering or registering in the online shop (e.g. name, address, email address, etc.) is truthful. Any changes must be reported immediately to our Romantik Hotel. As order processing and contact normally take place by email, the Romantik guest must ensure that emails can be received at this address.

(5) In the case of booking confirmations made verbally or by telephone, our Romantik Hotel will normally additionally send the Romantik guest a written copy of the booking confirmation. However, verbal or telephone bookings made by the Romantik guest also lead to a binding conclusion of contract if the corresponding verbal or telephone confirmation by our Romantik Hotel is binding, even if the Romantik guest does not receive the corresponding written additional copy of the booking confirmation.

2.4.3 Prices and payment

(1) Unless otherwise stated, all prices are per room, per night and per person. The prices stated in the booking offer are final prices and include statutory VAT. Local spa contributions/tourist taxes/accommodation taxes as well as costs for optional/additional services that are only booked or used on site must be paid separately. Which taxes and other charges apply to accommodation abroad is determined by the respective local regulations.

(4) Our Romantik Hotel – but not the parent organisation Romantik Hotels & Restaurants AG itself – is entitled, after conclusion of the contract, to require a deposit of up to 20% of the total price of the accommodation services and booked additional services, unless otherwise agreed in the individual case regarding the amount of the deposit.

(5) Payments in foreign currencies and by crossed cheque are not possible. Credit card payments are only possible if this has been agreed or offered by our Romantik Hotel by notice.

(6) If the Romantik guest fails to make an agreed deposit despite a reminder from the respective provider setting a reasonable deadline, or fails to make it in full within the specified period, then, insofar as we ourselves are willing and able to provide the contractual services and no statutory or contractual right of retention of the Romantik guest exists, we are entitled to withdraw from the contract with the Romantik guest and to demand cancellation costs from them in accordance with clause 2.2.5 of these conditions.

(7) The Romantik guest is also advised to take out travel cancellation insurance or insurance to cover the costs of assistance including repatriation in the event of accident, illness or death.

2.4.4 Right of cancellation

2.4.5 Arrival/departure/cancellation/transfer of contract

(1) The following provisions apply insofar as no other agreements have been made in the individual case between the Romantik guest and our Romantik Hotel.

(3) If the selected reservation type specifies a time limit for check-in, the reservation expires in the event of late arrival. There is then no further entitlement to accommodation.

a) For accommodation without meals 90%

b) For overnight stay/breakfast 80%

c) For half board 70%

d) For full board 60%

(6) However, this does not apply

a) insofar as the Romantik guest has been granted a free right of cancellation by our Romantik Hotel and the declaration of the Romantik guest exercising this free right of cancellation, which does not require any specific form, reaches us in due time.

b) if unavoidable, extraordinary circumstances occur at the destination or in its immediate vicinity which significantly affect the execution of the package tour.

(8) The declaration of cancellation must be addressed directly to our Romantik Hotel for all bookings and must be made in text form.

(9) The Romantik guest is also entitled to transfer the package travel contract to a third party, provided that the declaration to this effect reaches our Romantik Hotel at the latest seven days before the start of the trip and provided that we do not object to the third party's entry in accordance with § 651e BGB. The declaration of the Romantik guest must be made in writing. Otherwise § 651e BGB applies.

2.4.6 Rights in the event of defects

(1) In the event of a defect, the statutory provisions of §§ 651i ff. BGB apply.

(2) The Romantik guest may primarily demand remedial action pursuant to § 651k BGB. To this end, they must set our Romantik Hotel a reasonable deadline unless Romantik Hotels refuses remedial action or immediate remedial action is necessary; in these cases as well as in the event of non-compliance with the deadline, the Romanik guest is entitled to remedy the defect themselves and demand reimbursement of the necessary expenses. If our Romantik Hotel is entitled under § 651k para. 1 no. 2 BGB to refuse remedial action and the travel defect affects a significant part of the travel services, the Romantik guest is entitled to remedial action through appropriate substitute services.

(3) Otherwise, the Romantik guest is entitled, in accordance with the statutory provisions, to terminate the travel contract (§ 651l BGB), reduce the travel price (§ 651m BGB) or claim damages (§ 651n BGB). For claims by the Romantik guest for damages, the special provisions of clause 2.4.8 of these General Terms and Conditions also apply.

(4) The Romantik guest must notify our Romantik Hotel of any travel defect without delay by means of a complaint, otherwise they are not entitled to reduce the travel price or demand damages.

(5) The rights in the event of defects become time-barred within two years, beginning on the day on which the package tour was due to end under the contract.

(3) Our Romantik Hotel is entitled to withdraw from the contract for the following reasons:

2.4.7 Duty of assistance of the tour operator

If the Romantik guest is in difficulty in the case of § 651k para. 4 or for other reasons, our Romantik Hotel shall provide reasonable assistance by providing information and helping to establish distance communication links and to find other travel options. If the Romantik guest has intentionally or negligently caused the circumstances requiring assistance, our Romantik Hotel is entitled to demand reimbursement of the necessary expenses, insofar as these are reasonable and actually incurred.

2.4.8 Limitations of liability

As an exception to the limitations of liability pursuant to § 4, the statutory liability rules apply to package tours with the following limitation: If our Romantik Hotel is liable for third parties, liability for damages is limited to three times the travel price. This limitation does not apply to personal injury or damage caused culpably.

§ 3 Bringing animals, other obligations of the guest

(1) The Romantik guest is obliged to use the accommodation and its facilities as well as all facilities of our Romantik Hotel only as intended and, where applicable (e.g. swimming pool and sauna), in accordance with the rules of use and to treat them with due care overall.

(2) The Romantik guest is obliged to observe any house rules or courtyard rules that have been communicated to them or which they had a reasonable opportunity to become aware of due to appropriate notices.

(3) Bringing pets into the accommodation and staying with them is only permitted in the event of an express agreement to that effect if our Romantik Hotel provides for this possibility in the offer. Within the framework of such agreements, the Romantik guest is obliged to provide truthful information about the type and size. Breaches of this may entitle us to extraordinary termination of the guest accommodation contract.

§ 4 Limitation of liability

4.1 General

(1) For liability of our Romantik Hotels for damages, the following exclusions and limitations of liability apply, without prejudice to other statutory requirements for claims.

(2) Our Romantik Hotel is liable without limitation for damage caused intentionally or by gross negligence.

(3) In the event of slight negligence, our Romantik Hotel is liable, regardless of the legal basis, only for damage insofar as it was caused by a breach of an essential contractual obligation. Essential contractual obligations are those obligations whose breach jeopardises the achievement of the purpose of the contract and/or whose fulfilment is essential to the proper execution of the contract and on whose compliance the Romantik guest or the contractual partner may regularly rely (so-called cardinal obligation).

(4) If our Romantik Hotel is liable under paragraph 3 for slight negligence, liability is limited to the damages that our Romantik Hotel would typically have to expect to arise based on the circumstances known at the time the contract was concluded.

(5) Otherwise, liability for damages of any kind, on whatever legal basis, including liability for fault at the time of conclusion of the contract, is excluded.

(6) The above exclusions and limitations of liability do not apply where our Romantik Hotel has assumed a guarantee for the quality of the goods, nor to damage to be compensated under the Product Liability Act, nor to damage to life, body or health, nor to statutory claims.

(7) The above exclusions and limitations of liability also apply in favour of employees, vicarious agents and other third parties whom our Romantik Hotel uses to fulfil the contract.

(8) The above provisions do not involve any change in the burden of proof to the detriment of the Romantik guest.

4.2 Liability in case of impossibility

Where delivery or performance is impossible, our Romantik Hotel is liable in cases of intent or gross negligence as well as in the event of culpably caused injury to life, body or health in accordance with the statutory provisions. In other cases of impossibility, the Romantik guest's claim for damages in addition to and/or in lieu of performance, including reimbursement of futile expenses, is limited overall to 5% of the value of the delivery/performance. Further claims by the Romantik guest due to impossibility of delivery/performance are excluded - even after expiry of any deadline for performance set by our Romantik Hotel. The limitation does not apply in the event of culpable breach of essential contractual obligations; however, the claim for damages for culpable breach of essential contractual obligations is limited to the foreseeable damage typical of the contract (see subsection 3), unless there is also another case under sentence 1. The Romantik guest's right to withdraw from the contract remains unaffected. The above provisions do not involve any change in the burden of proof to the detriment of the Romantik guest.

4.3 Liability for third-party services and data communication

(1) Our Romantik Hotel is not liable for disruptions in performance in connection with services that are merely arranged during the stay for the Romantik guest and are recognisably third-party services (e.g. excursions, admission tickets, tickets for transport services, sporting events, theatre visits, exhibitions, etc.). The same applies to third-party services that are already arranged by our Romantik Hotel together with the booking of accommodation, insofar as these are expressly marked as third-party services in the offer or booking confirmation.

(2) Data communication via the internet cannot, according to the current state of technology, be guaranteed to be error-free and/or available at all times. Our Romantik Hotel is therefore neither liable for the constant and uninterrupted availability of the online service www.romantikhotels.com nor for technical and electronic errors in a booking, order or reservation process over which we have no influence, in particular not for delayed processing or acceptance of offers or acceptances.

§ 5 Copyrights/intellectual property rights

(1) The Romantik guest shall bear all reasonable costs incurred by our Romantik Hotel as a result of an infringement of third-party rights caused by them, including the reasonable costs of legal defence. All further rights and claims for damages of our Romantik Hotel remain unaffected.

(2) The above obligations of the Romantik guest do not apply insofar as they are not responsible for the relevant infringement.

(3) The website www.romantikhotels.com contains data, information and representations that are protected by trade mark and/or copyright law for the parent organisation “Romantik Hotels & Restaurants AG” or, in individual cases, also in favour of third parties. The reproduction or use, in whole or in part, of images, graphics, texts or other content of the website in other electronic or printed media and publications, including copies, reprints, processing, electronic archiving, transfer of data to other storage media or use for purposes other than those intended here, is permitted only with the written consent of the parent organisation “Romantik Hotels & Restaurants AG”. This also applies in the same way to the data, information, representations and rights uploaded on our hotel website.

(4) Technically necessary reproduction for the purpose of browsing is expressly permitted, insofar as this action does not serve economic purposes, as well as permanent reproduction for own use.

(5) Any unlawful use of the designations, designs, logos and brands listed in subsection 4 without the granting of rights by Romantik Hotels constitutes an infringement of the industrial property rights of the parent organisation “Romantik Hotels und Restaurants AG”; this also applies in the same way to the rights of our Romantik Hotel.

§ 6 Miscellaneous

(1) Links on www.romantikhotels.com and on our Romantik Hotel website to websites of other companies (third-party providers) are provided solely in the interest of the Romantik guest. If the guest clicks on such a link, they leave the website of the parent organisation “Romantik Hotels & Restaurants AG” or our website. Neither we nor the parent organisation “Romantik Hotels & Restaurants AG” have any influence on the content of third-party websites. Therefore we or the parent organisation “Romantik Hotels & Restaurants AG” cannot accept any responsibility for the accuracy, completeness and safety of such external content.

(2) The following behaviours are prohibited:

a) Any form of exploitation, distribution, reproduction, editing, translation, publication, making available to the public or decompilation in relation to the website, its content and databases linked to the site - also in modified form - by means of automated devices or manual processes (including so-called “screen scraping”); monitoring the website or the platform or systems of the parent organisation “Romantik Hotels & Restaurants AG” by means of so-called bots, spiders or other automatic means, with the exception of non-commercial public archives that use tools when collecting information solely for the purpose of displaying hyperlinks on the website, provided this is done from a static IP address or a range of IP addresses;
b) use of the website or the platform or systems of the parent organisation “Romantik Hotels & Restaurants AG” for purposes other than those specified in these T&Cs;
c) use of the website or the tools and services on the website for the purpose of booking or advertising the rental of accommodation that is not offered as part of a genuine listing;
d) reproduction of part of the website on another website or on other storage media with the aid of devices, in particular image storage or framing of the website (“framing”) or other framing techniques or mirroring or duplication of parts of the website;
e) use of or access to the systems of the parent organisation “Romantik Hotels & Restaurants AG” in a way that could endanger the computer system or network, e.g. by transmitting a virus, posting or transmitting information that is false, fraudulently misleading or recognisably misleading, or constitutes an act that is considered “phishing” or that leads to criminal or civil liability;
f) The onward transfer of accommodation booked via www.romantikhotels.com or otherwise is prohibited. This includes in particular the onward transfer of accommodation to third parties at higher prices. The parent organisation “Romantik Hotels & Restaurants AG” reserves the right to exclude the Romantik guest from brokering services in future if this provision is breached. In such cases, the parent organisation “Romantik Hotels & Restaurants AG” or our Romantik Hotel is also entitled to cancel the booking. In addition, the Romantik guest is obliged to pay cancellation fees and to compensate any damage incurred by the parent organisation “Romantik Hotels & Restaurants AG” or by our Romantik Hotel.
These rules of conduct apply equally to our Romantik Hotel website.

§ 7 Data protection and participant identification

(1) In order to enable the brokerage of an accommodation and/or event contract or the acquisition of other services or the booking of package tours, Romantik Hotels & Restaurants AG, Hahnstr. 70, 60528 Frankfurt am Main, Tel: +49 (0) 69/66 12 34-0, Fax: +49 (0) 69/66 12 34-56, E-mail: datenschutz@romantikhotels.com, registry court Frankfurt am Main HRA 30092 (hereinafter Romantik Hotels) as well as our Romantik Hotel (Eva Pfaff-Düker, Romantik Hotel Zur Schwane GmbH & Co. KG, Hauptstraße 12, 97332 Volkach, Tel.: 09381/80660, E-mail: schwane@romantikhotels.com) collect, process and use the first and last name, address, email address, IP address and the personal data that the Romantik guest has communicated under MyRomantik of the Romantik Hotels parent organisation or our Romantik Hotel (personal data).

(2) In the case of an online booking, the data is processed in our hotel management system (PMS system). Our hotel's own system compares this data with the central system of Romantik Hotels & Restaurants AG in Frankfurt. If the data comparison shows that the guest is not yet recorded in the central system, this data is not created. However, if the guest is already recorded, data is compared so that the data is kept up to date and correct.

(3) The data is collected firstly for the purpose of contract execution, Art. 6 para. 1 lit. b) GDPR. In addition, we collect, process and use personal data for the purpose of enabling the Romantik guest to access the desired services from the website www.romantikhotels.com, to organise the stay in our Romantik Hotel in the interest of guest-friendly hospitality, to simplify later bookings for the Romantik guest through pre-entered data and ultimately to keep the data up to date, in which the legitimate interest of the Romantik guest is also seen. The legal basis for this is Art. 6 para. 1 lit. f) GDPR.

(4) The personal data entered under www.romantikhotels.com is stored and processed on servers of ennit AG, Projensdorfer Str. 324, D-24106 Kiel. Due to the comparison with the hotel management system of Romantik Hotels & Restaurants AG, it is also passed on to that company. Otherwise, the data is not transmitted to third parties. Furthermore, the data is of course stored by our Romantik Hotel on the server in the secured server room.

(5) Data is initially stored for as long as it is necessary for its purposes or by law. However, the maximum storage period is 10 years from the time of collection or the last data comparison, whichever was the last data processing operation. If there is no data comparison for more than 10 years (i.e. no online booking), the data is deleted both in the central system and in the hotel management system.

(6) The Romantik guest has a right at any time to information concerning the personal data collected, processed and used in relation to them. The data protection obligations arising from Art. 15-21 are fully fulfilled. An information request should be addressed to Romantik Hotels & Restaurants AG, Hahnstr. 70, 60528 Frankfurt am Main, Tel: +49 (0) 69/66 12 34-0, Fax: +49 (0) 69/66 12 34-56 or E-mail: datenschutz@romantikhotels.com. Insofar as it concerns data collected and stored by our Romantik Hotel itself, the request should be addressed to Eva Pfaff-Düker, Romantik Hotel Zur Schwane GmbH & Co. KG, Hauptstraße 12, 97332 Volkach, Tel.: 09381/80660, E-mail: schwane@romantikhotels.com

(7) The Romantik guest has been fully informed about the nature, scope, location and purpose of the collection, processing and use of the personal data required for the execution of orders, as well as about their right to object to the use of their anonymised usage profile for the purposes of advertising, market research and tailoring the service to requirements.

§ 8 Dispute resolution

Our Romantik Hotel is generally prepared to take part in the dispute resolution procedure pursuant to the Consumer Dispute Resolution Act (VBSG). The European Commission provides a platform for online dispute resolution (OS) for this purpose, which the Romantik guest can find at http://ec.europa.eu/consumers/odr/ or via the link in the imprint of Romantik Hotels. Consumers have the option of contacting this body to settle their disputes. If you have any questions about possible dispute resolution, you are welcome to contact our Romantik Hotel at schwane@romantikhotels.com.

§ 9 Applicable law and place of jurisdiction

(1) The law of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods and conflict of laws rules.

(2) If the Romantik guest is a merchant, a legal entity under public law or a special fund under public law, or if they have no general place of jurisdiction in the Federal Republic of Germany, the place of jurisdiction for all possible disputes arising from the business relationship between our Romantik Hotel and the Romantik guest shall be the registered office of our Romantik Hotel. Mandatory statutory provisions on exclusive places of jurisdiction remain unaffected by this provision.

(3) The place of performance for all free services of our Romantik Hotel is the location of our accommodation.