Romantik Hotels & Restaurants AG

Conditions générales de vente

The use of services of Romantik Hotels & Restaurants AG (hereinafter: "Romantik Hotels") as well as the use of services by Romantik Hotels is based on the following terms and conditions of Romantik Hotels.

1 Applicability

(1) Services used or offered by Romantik Hotels are provided exclusively subject to these terms and conditions. These are an integral part of all contracts that Romantik Hotels concludes with Romantik guests and business partners. The contractual partner of Romantik Hotels agrees to the terms and conditions of Romantik Hotels.

(2) These terms and conditions shall apply to all non-binding reservation enquiries and binding accommodation bookings via the Romantik Hotels internet portal.

(3) The terms and conditions of the contractual partner shall not apply, even if Romantik Hotels does not separately dispute their validity in individual cases. Even if Romantik Hotels makes reference to a letter that contains or refers to terms and conditions of the contractual partner or a third party, this does not constitute agreement with the validity of these terms and conditions. Deviating terms and conditions must be agreed separately in writing.

2 Arrangement of accommodation contracts, Sale of gift vouchers

2.1 Services of Romantik Hotels

(1) Romantik Hotels acts exclusively as an intermediary for accommodation contracts and event contracts between individual Romantik hotels and Romantik guests.

(2) Romantik Hotels operates an online shop on the website www.romantikhotels.com in which gift vouchers for accommodation contracts and event contracts are sold.

(3) Romantik Hotels provides Romantik guests with information at www.romantikhotels.com about the affiliated Romantik hotels and Romantik restaurants in the umbrella organisation Romantik Hotels and Restaurants.

2.2 Hotel bookings

2.2.1 General

(1) Reservation enquiries made in writing, by telephone or in electronic form, or by using the booking and reservation websites at www.romantikhotels.com, are forwarded via Romantik Hotels as the umbrella organisation of the hotel and restaurant cooperation 'Romantik Hotels & Restaurants AG' in their capacity as a mere messenger on behalf of the Romantik guest to each specifically selected Romantik hotel for consideration and confirmation.

(2) Accommodation contracts and event contracts are therefore concluded exclusively between the Romantik guest and the selected hotel or the respective third party provider of the additional services in accordance with their contractual terms and general terms and conditions.

(3) Online bookings are made directly 'online' via the reservation platform of a strategic internet partner of Romantik Hotels. This is TourOnline, which provides the booking system. TourOnline is neither a contractual partner nor a travel agent.

(4) Bookings can be made by telephone at Romantik Hotels. If such a booking is made at the umbrella organisation of the hotel and restaurant cooperation 'Romantik Hotels & Restaurants AG' in Frankfurt, the cooperation will also accept this booking as a messenger for the Romantik guest, and enter the booking in the online booking system. Aside from this, the following statements apply to online bookings. The guest receives a binding booking confirmation.

(5) All claims and obligations arising from an accommodation contract, an event contract or other contracts exist directly and exclusively between the Romantik guest and the Romantik hotel or third party provider of any additional services selected by the guest. The respective effectively included terms and conditions of the individual Romantik hotels and any third party providers shall apply.

2.2.2 Contract conclusion and contractual partners

(1) The following applies to all booking types: The offer and the booking are based on the description of the accommodation and the additional information on the booking pages, as far as these are available to the Romantik guest at the time of booking. All information about this is based on the information of the respective hotels. Romantik Hotels has no influence on this information and assumes no responsibility for its accuracy.

(2) The following applies to the booking:
a) The booking is made exclusively by electronic means by completion and submission of the booking form. For telephone bookings, see Paragraph 2.2.1, Clause (4).
b) Clicking on the "Book” button will open a booking screen. Here, Romantik guests can choose the desired dates, the room, any additional services and provide their personal data. Alternatively, a customer account can be opened.
c) Before a booking is made, the content, including the customer details, is summarised on a summary page. Here, Romantik guests can modify all booking data. By clicking on the "confirm booking" button, the Romantik guest submits a binding offer to the respective Romantik hotel to conclude a contract. After booking, the Romantik guest will receive a binding booking confirmation.
d) The contractual text of the booking is saved by the respective Romantik hotel. The Romantik guest will be sent these terms and conditions together with the booking confirmation and will then be able to save and print them.

(3) Depending on the type of booking made, a credit card number and the validity period of the credit card must be saved as part of the booking process. The requirement to save a credit card number is explicitly indicated in the booking dialogue box. This information will be transmitted to the provider of the respective accommodation and checked before your reservation is confirmed. The credit card guarantees the respective provider the payment of all costs incurred for the accommodation booked. The credit card is a form of security for the provider and can therefore also be debited by the provider for any cancellation costs or compensation. If the credit card data is found to be incorrect by the check or if the card cannot be debited, the provider can cancel the booking via Romantik Hotels.

(4) Romantik guests shall ensure that all information provided while ordering from or registering with the online shop (e.g. name, address, email address, etc.) is truthful. Changes are to be communicated to Romantik Hotels without delay. Since order processing and contact usually takes place via email, the Romantik guest must ensure that emails can be received at this address.

(5) As a rule, the respective provider will also provide the Romantik guest with a written copy of the booking confirmation if booking confirmations are made orally or by telephone. Oral or telephone bookings by the Romantik guest shall also result in a binding agreement by means of the corresponding binding oral or telephone confirmation by the respective provider, even if the Romantik guest does not receive the corresponding additional copy of the booking confirmation in writing.

2.2.3 Prices and payment

(1) Unless otherwise stated, all prices are per room, per night and per person. The prices quoted in the booking offer are final and include statutory VAT. Visitor's fees/visitor's taxes/accommodation taxes and also costs for optional/additional services which are booked or used on site must be paid separately. The taxes and other charges applicable to accommodation abroad are determined by the respective local regulations.

(2) The costs of overnight accommodation and any additional services included in the booking must be paid by the Romantik guest directly to the hotel or the third-party service provider, unless otherwise agreed between the Romantik hotel and the Romantik guest.

(3) The due date of the deposit and final payment depends on the agreement made between the Romantik guest and the respective provider noted in the booking confirmation. If a special agreement has not been made, the entire price of accommodation, including charges for additional expenses and additional services, shall be payable at the end of the stay, and paid to the respective provider.

(4) The respective Romantik hotel is entitled to request a deposit of up to 20% of the total price of the accommodation services and additional services booked after conclusion of the contract, as far as nothing else is agreed in the individual case as to the amount of the deposit.

(5) Payments in foreign currencies and with a collection only cheque are not possible. Credit card payments are only possible if this is agreed or offered by the respective provider in general by notice.

(6) If an agreed deposit is not or not completely paid within the specified period by the Romantik guest, despite a reminder from the respective provider with a reasonable deadline, then the respective provider is entitled , insofar as s/he himself is willing and able to provide the contractual services and insofar as the Romantik guest does not have a statutory or contractual right of retention, to withdraw from the contract with the Romantik guest and to charge cancellation fees to him/her in accordance with Paragraph 2.2.5 of these conditions.

2.2.4 Right of cancellation

In accordance with statutory obligations, it is pointed out to the Romantik guest that there is no right of cancellation in accordance with the statutory provisions (Section 312g Para. 2 Sentence 1 No. 9 BGB German Civil Code) in the case of accommodation contracts concluded long distance (letters, catalogues, phone calls, faxes, emails, text messages sent via mobile phone as well as radio and telemedia), but rather only the statutory provisions relating to the non-use of rental services (Section 537 BGB) shall apply. However, a right of cancellation exists if the accommodation contract has been concluded outside business premises, unless the oral proceedings on which the conclusion of the contract is based have been conducted by you as a consumer on a previous order; in the latter case, there is no right of cancellation.

2.2.5 Arrival/Departure/Cancellation

(1) The following provisions shall apply as far as no other agreements have been made in individual cases between the Romantik guest and the respective provider. The respective provider must provide the accommodation at the agreed time. Otherwise, s/he shall render him/herself liable for damages.

(2) If a time limit is specified for the check-in for the selected reservation type, the reservation will be cancelled in case of late arrival. An entitlement to accommodation after this point shall not apply.

(3) The Romantik guest must vacate the accommodation at the agreed time, without special agreement at the latest by 10:00am on the day of departure. If the accommodation is not vacated on time, the respective provider may request an appropriate additional payment. The assertion of further damage remains reserved by the respective provider.

(4) In case of cancellation or no-show by the Romantik guest, the respective provider shall remain entitled to payment of the agreed price. This shall not apply insofar as the Romantik guest has been granted a free right of cancellation by the respective provider in individual cases and the respective provider receives the Romantik guest’s declaration of the exercise of this free right of cancellation, which does not need to be made in any specific form, in due time.

(5) The respective provider shall endeavour to find another use for the accommodation in the ordinary course of his/her business, without obligation to make special efforts and taking into account the specific type of booked accommodation (e.g. non-smoking rooms, family rooms). As far as it is possible for the respective provider to find another occupant for the room booked by the Romantik guest, s/he will deduct the income earned from the other occupant from his/her entitlement in accordance with Clause 4. If it is not possible, s/he will deduct the expenses saved from his/her entitlement.

(6) According to the percentages recognised by the jurisprudence for the assessment of saved expenses, the Romantik guest is obligated, taking into account, if necessary, the amounts to be deducted according to Clause 5, to pay the following amounts to the respective provider, in each case based on the total price of the accommodation services (including all additional costs), but without consideration of visitor’s fees:
a) For accommodation without meals 90%
b) For overnight stays/breakfast 80%
c) For half board 70%
d) For full board 60%

(7) The Romantik guest expressly retains the right to prove to the respective provider that the saved expenses are substantially higher than the deductions accounted for above, or that another use of the accommodation services or other services has occurred. If such evidence exists, the Romantik guest is only obliged to pay the correspondingly lower amount.

(8) The cancellation declaration must be sent directly to the respective provider for all bookings and must be in text form.

2.2.6 Admittance of pets, other guest obligations

(1) The Romantik guest is obliged to treat the accommodation and its facilities, along with all facilities of the respective provider, only in accordance with its intended purpose, in accordance with the rules of use as far as they exist (e.g. for swimming pools and saunas), and with overall care.

(2) The Romantik guest is obliged to observe the house rules or site regulations, which were provided to him/her or of which there was a reasonable possibility that s/he was informed on the basis of appropriate information.

(3) The Romantik guest is obliged to inform the respective provider of any defects and malfunctions immediately, and to request their rectification. If the Romantik guest culpably fails to report the malfunction, claims by the guest made to the respective provider may lapse in whole or in part.

(4) The Romantik guest may only terminate the contract in the case of significant defects or malfunctions. The Romantik guest must set a reasonable period to rectify the defects to the respective provider beforehand within the framework of the notification of defects, unless rectification is impossible, is refused by the respective provider, or immediate cancellation is objectively justified due to special interest of the Romantik guest acknowledgeable by the respective provider, or the continuation of the stay is objectively unreasonable for the Romantik guest for such reasons.

(5) The respective provider may cancel the accommodation contract without notice if the Romantik guest continuously disrupts operations or the undertaking of a stay, regardless of a warning from the respective provider, or if s/he breaches the contract to such an extent that the immediate cancellation of the contract is justified. If the respective provider cancels the contract, the provisions in Paragraph 2.2.5 shall apply accordingly to the payment claim of the respective provider.

(6) Admittance and accommodation of pets in the accommodation is only permitted in the case of an express agreement in this regard if the respective provider provides for this possibility in its offer. Within the framework of such agreements, the Romantik guest is obliged to provide truthful information about the type and size of animal. Violations of this may entitle the respective provider to the right to extraordinary cancellation of the accommodation contract.

2.3 Sale of gift vouchers

2.3.1 Romantik Gift Vouchers have the following special features:

(1) They cannot be exchanged for cash in whole or in part.

(2) They must always be used during their period of validity. After the end of the period of validity, it is no longer possible for them to be subject to a refund or any other use.

(3) Romantik Gift Vouchers have a validity period of three years. The vouchers will expire at the end of the third year following the date of the voucher’s issue. Romantik Gift Vouchers can be redeemed in all hotels and restaurants of Romantik Hotel & Restaurants AG, with the exception of the establishments listed and to be found under Voucher Exceptions.

(4) Romantik Gift Vouchers can only be redeemed for a service or arrangement offered by Romantik Hotels & Restaurants at the value in euros stated on the gift voucher.

2.3.2 Contract Conclusion

(1) Offers by Romantik Hotels are non-binding. The presentation of products in the online shop does not constitute a legally binding offer, but an invitation to order.

(2) By clicking on the respective voucher, the Romantik guest is able to order the respective goods. As part of the order, the Romantik guest must provide an address to which the voucher can be sent.

(3) Before an order is placed, the content of the order, including the customer details, is summarised on a summary page. Here, Romantik guests can modify all order data by returning to this page by clicking the "back" button. By clicking on the "confirm order" button, the Romantik guest submits a binding offer to conclude a contract. After ordering, the Romantik guest will receive an automatically generated email from Romantik Hotels confirming receipt of the order and giving details (order acknowledgement). This order acknowledgement does not constitute the acceptance of the contract. A contract is only concluded when the invoice or voucher is sent.

(4) The contractual text of the order is saved by Romantik Hotels. In addition to this, Romantik Hotels will send the contract terms including these terms and conditions to the Romantik guest together with the order acknowledgement, and the guest can then save and print them.

(5) The Romantik guest shall ensure that all information provided while ordering from or registering with the online shop (e.g. name, address, email address, etc.) is truthful. Changes are to be communicated to Romantik Hotels without delay. Since order processing and contact usually takes place via email, the Romantik guest must ensure that emails can be received at this address.

2.3.3 Prices and shipping costs

(1) The amount of the purchase price for the Romantik Gift Vouchers corresponds to the prices quoted on the respective order forms in euros at the time of the order. The displayed prices are final prices including VAT. Shipping costs are not included in these, however.

(2) Shipping is at the expense of the Romantik guest. The Romantik guest is able to choose here between shipping by mail or by email (printing at home). The shipping costs are also shown to the Romantik guest on the summary page before s/he places the order.

(3) The Romantik guest can choose between payment by credit card, by direct debit or via Pay Pal.
a) Credit card
The Romantik guest can pay directly after the order process by entering his/her credit card data. By specifying his/her credit card number in the order, the Romantik guest authorises Romantik Hotels to collect the purchase price amount from the credit card account specified in the order. The purchase price amount will be debited from the credit card details provided via an SSL-encrypted connection.
b) Pay Pal
You can pay directly via your Pay Pal account. After placing the order, you will be redirected to Pay Pal and can authorise the order amount there. As soon as our Pay Pal account receives notification of your authorisation, the item will be shipped depending on the delivery time indicated on the item. When the goods are sent, your Pay Pal account will be debited with the actual amount invoiced.
c) Direct Debit
You can pay via direct debit. After placing the order, please provide your bank details, date of birth and billing address and optionally, if applicable, your contact details. You must furthermore confirm that you have authorised a SEPA direct debit authorisation. Once we have received the payment, the shipment will be made.

(4) The Romantik guest must pay the purchase price in advance. The purchase price is due immediately after the order has been placed.

(5) The Romantik guest is only entitled to rights of set-off via claims that are undisputed by Romantik Hotels or legally established against us. The Romantik guest is only authorised to exercise a right of retention insofar as his counter-claim is based on the same contractual relationship.

2.3.4 Delivery

(1) Items are delivered after receipt of the full payment of the price either by the immediate issuance of the Romantik Gift Voucher or by shipment of it to the Romantik guest.

(2) The Romantik Gift Voucher ordered or the ordered goods can be shipped according to guest preference and at his/her expense to his/her personal address, or directly to the named and specified beneficiaries.

(3) Delivery is made within the delivery period specified for the respective product. Should Romantik Hotels fail to meet an agreed delivery date, the Romantik guest must set a reasonable grace period, which must under no circumstances be less than two weeks.

(4) All delivery times specified by Romantik Hotels during orders or those otherwise agreed shall start on the day the full purchase price is received (including sales tax and shipping costs).

(5) Only the date of the handover of the goods by Romantik Hotels to the shipping company is decisive in determining observance of the shipment date.

(6) Romantik Hotels is not liable for the impossibility of delivery or for delays in delivery, as far as these have been caused by force majeure or other, unforeseeable events at the time of the conclusion of the contract (e.g. operational disruptions of all kinds, difficulties in the procurement of materials or energy, transport delays, strikes, lawful lockouts, lack of workers, energy or raw materials, difficulties in obtaining necessary regulatory approvals, regulatory measures) for which Romantik Hotels is not responsible. If such events make the delivery or service provision considerably more difficult or impossible and the disruption is not simply of a temporary nature, Romantik Hotels is entitled to withdraw from the contract. In the case of short-term disruptions, the delivery or service periods shall be extended or the delivery or service dates shall be postponed by the period of the hindrance plus a reasonable start-up period. Insofar as the Romantik guest cannot be reasonably expected to accept the delivery or service as a result of the delay, he may withdraw from the contract by means of immediate written notice to Romantik Hotels.

(7) In the aforementioned cases in Clause 6, the Romantik guest will be informed immediately of the non-possibility of delivery, and any payment already made will be reimbursed without delay.

(8) If Romantik Hotels delays delivery or service provision, or if delivery or service becomes impossible for whatever reason, the liability of Romantik Hotels for damages is limited in accordance with Section 3 of these Terms and Conditions.

(9) If the Romantik guest is a consumer, the risk of accidental damage or accidental loss of the delivered goods is transferred 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 is transferred to the guest upon delivery of the goods to the transport company.

(10) If the client is an entrepreneur, the risk of accidental loss and accidental deterioration of the goods is transferred to the Romantik guest upon handover or upon delivery of the item to the shipping company, the carrier or the person or institution otherwise responsible for executing the shipment in the event of a sale involving the carriage of goods.

2.3.5 Cancellation policy for private customers/consumers

Note: The following right of cancellation exists only if the Romantik guest is a consumer in accordance with Section 13 BGB (German Civil Code). The following right of cancellation does not apply to orders for goods that have been personalised and/or customised.

Cancellation policy

Right of cancellation
You have the right to cancel this contract within 14 days without giving reasons. The cancellation period is 14 days from the date on which you or a third party nominated by you who is not a carrier has/have taken possession of the goods. To exercise your right of cancellation, you must inform us
Romantik Hotels & Restaurants AG
Hahnstr. 70
60528 Frankfurt am Main
Germany
Email: datenschutz@romantikhotels.com
Fax: +49 (0) 69/66 12 34-56
of your decision to withdraw from this contract by means of clear notice (such as e.g. a letter sent by post, fax or email). You can use the attached cancellation form template for this purpose. This is not obligatory, however. Sending notice of the exercise of the right of cancellation before the cancellation period ends shall suffice to comply with the cancellation period.

Consequences of cancellation
If you cancel this agreement, we must reimburse you for all payments we have received from you, including delivery charges (except for the additional costs arising from selecting a different delivery type than the lowest standard delivery rate offered by us), without delay and no later than 14 days from the date on which we have received notice of your contract cancellation. For this reimbursement, we will use the same means of payment that you used in the original transaction, unless expressly otherwise agreed with you; under no circumstances will you be charged for these reimbursement fees. We may refuse reimbursement until we have received the goods back or until you have provided proof that you have sent the goods back, whichever is earlier. You must send back or return the goods immediately and in any case within 14 days from the date 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 considered to be met if you send the goods before the deadline of 14 days. You are responsible for paying the direct costs of returning the goods. You will only be required to pay for any loss of value of the goods if this loss of value is attributable to your handling the goods in a way that it is not necessary in order to check the condition, properties and functionality of the goods.

2.3.6 Warranty

2.3.6 Warranty

(1) In the case of a material defect of the purchased item, the statutory provisions shall generally apply.

(2) If the Romantik guest is a consumer, s/he may initially request remedial action, i.e subsequent delivery or remedy of defects according to preference. However, if the guest is an entrepreneur, Romantik Hotels may choose between the remediation of defects or delivery of an item without any faults, whereby this is only possible by notice in writing (also by fax or email) to the Romantik guest within three working days after receipt of the notification of the defect. Romantik Hotels may refuse the Romantik guest's chosen type of remedial action if it is only possible at disproportionate costs.

(3) If the remedial action according to Clause 1 fails or is unreasonable for the Romantik guest, or if Romantik Hotels refuses the remedial action, the Romantik guest is entitled to withdraw from the purchase contract, reduce the purchase price or demand damages or compensation for his or her wasted expenditure in accordance with the applicable law. For claims of the Romantik guest for damages, the special provisions of Section 3 of these Terms and Conditions shall also apply.

(4) The following shall apply only to companies: The Romantik guest must inspect the goods carefully after consignment without delay. The delivered goods shall be deemed as approved by the Romantik guest if a defect is not reported (i) in the case of obvious defects within five working days of delivery or (ii) otherwise within five working days of discovery of the defect.

(5) If the complaint proves unjustified and the item was in perfect condition, Romantik Hotels is entitled to charge the Romantik guest shipping and inspection costs of 40.00 EUR. The Romantik guest retains the right to prove lower costs, Romantik Hotels retains the right to prove higher costs.

(6) The Romantik guest shall not receive warranties in the legal sense from Romantik Hotels. Manufacturer's warranties remain unaffected.

3 Limitation of Liability

(1) The following exclusions and limitations of liability shall apply in cases of liability of Romantik Hotels for damages, without prejudice to other statutory requirements for entitlement.

(2) Romantik Hotels shall be liable if it is culpable of intent or gross negligence. Romantik Hotels shall be liable for ordinary negligence only in the case of a breach of duty, the fulfilment of which makes the proper execution of the contract possible in the first place and compliance with which may be regularly relied upon by the Romantik guest or contractual partner (known as cardinal obligation). Aside from this, liability for damages of all kinds, regardless of the basis of the claim, including liability for negligence on conclusion of the contract, is excluded.

(3) If Romantik Hotels is liable for ordinary negligence in accordance with Clause 2, this liability shall be limited to the damages which Romantik Hotels typically had to expect under the known circumstances upon contract conclusion.

(4) The above exclusions and limitations of liability shall not apply if Romantik Hotels has provided a warranty for the condition of the goods, nor for damages which are to be compensated for under the Product Liability Act, nor for damage to life, limb or health, nor to legal claims.

(5) The above exclusions and limitations of liability shall also apply to the benefit of the employees, vicarious agents and other third parties whose services Romantik Hotels use to fulfil the contract.

(6) Warranty claims and claims for damages shall become time-barred no later than one year after the date on which the Romantik guest has learned of the damaging event. This shall not apply to claims in tort.

(7) Romantik Hotels is not liable for service disruptions in association with services that are only provided as external services in a manner identifiable to the Romantik guest during their visit (e.g. excursions, tickets, tickets for transport services, sporting events, theatre visits, exhibitions, etc.). The same shall apply to third-party services which are already provided by the Romantik host together with the booking of the accommodation, as far as these are explicitly identified as external services in the offer or the booking confirmation.

(8) Romantik Hotels is not liable for the realisation of a booking.

(9) The information on the Internet portal of Romantik Hotels is partly provided by the respective providers, other Romantik guests or third parties. Each provider, Romantik guest or third party is solely responsible for the accuracy, completeness and currentness of the information provided by him/her, including the prices and availabilities stated. In addition to this, they shall ensure that content is not made available that violates the legal positions of third parties. Romantik Hotels cannot verify this information and therefore does not accept any liability for the accuracy, completeness, quality and legality of the use of information.

(10) In accordance with the current technology available, data communication via the internet cannot be guaranteed to be error-free and/or accessible at all times. Romantik Hotels is therefore not liable for the constant and uninterrupted availability of the online service www.romantikhotels.com, nor for technical and electronic errors of a booking, order, or reservation process on which Romantik Hotels has no influence, and particularly not for the delayed processing or acceptance of offers or acceptances.

4 Copyright/intellectual property rights

(1) The Romantik guest accepts all reasonable costs incurred by Romantik Hotels as a result of the infringement of third party rights caused by him/her, including reasonable costs incurred for legal defence. All further rights and claims for damages of Romantik Hotels remain unaffected.

(2) The above obligations of the Romantik guest do not apply insofar as s/he is not responsible for the infringement in question.

(3) The website www.romantikhotels.com contains data, information and images which are protected by trademark and/or copyright law for Romantik Hotels or, in individual cases, on the part of third parties. Reproduction or use in whole or in part of pictures, graphics, texts or other content of the website, including in other electronic or printed media and publications, in particular copies, reprints, further processing, electronic archiving, transfer of data to other data media or use for purposes other than those provided for herein is only permitted with the written consent of Romantik Hotels.

(4) Technical reproduction for the purpose of browsing is expressly permitted, as far as this action is not for economic purposes, as well as permanent reproduction for personal use.

(5) Any unlawful use of the terms, designs, logos and trademarks mentioned in Clause 4 without granting rights by Romantik Hotels constitutes an infringement of the intellectual property rights of Romantik Hotels.

5 Miscellaneous

(1) Links to websites of other companies (third-party providers) contained on the websites of Romantik Hotels are only provided in the interest of the Romantik guest. When the Romantik guest clicks on such a link, he will leave the Romantik Hotels website. Romantik Hotels has no influence over the content of third-party websites. Therefore, Romantik Hotels is unable to accept any liability for the accuracy, completeness and unobjectionable nature of these third-party contents.

(2) The following practices are prohibited:
a) Any form of utilisation, distribution, duplication, editing, translation, publication, making available to the public or decompilation relating to the website, its contents and linked databases - including in altered forms thereof - by the use of automated devices or manual processes (also so-called "screen scraping"); monitoring of the website or of the platform or systems of Romantik Hotels by means of so-called bots, spiders or other automatic means, with the exception of non-commercial public archives, which use tools for collecting information for the sole purpose of displaying hyperlinks on the website, as long as 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 Romantik Hotels for purposes other than those specified in these Terms and Conditions;
c) Use of the website or the tools and services on the website for the purpose of booking or promoting the rental of accommodation that is not offered as part of a real advertisement;
d) Reproduction of part of the website on another website or on other data media with the aid of devices, in particular image memories, or framing of the website, or other framing techniques or mirroring or reproduction of parts of the website;
e) Use or access to the systems of Romantik Hotels in ways that could jeopardise the computer system or network, e.g. by transmitting a virus, posting or transmitting information that is incorrect, fraudulently deceptive or identifiably misleading, or that constitutes an act of phishing, or results in criminal or civil liability;
f) The transfer of accommodation booked via Romantik Hotels is prohibited. This particularly includes the transfer of accommodation to third parties at higher prices. In the event that this provision is breached, Romantik Hotels reserves the right to exclude Romantik guests from intermediary services at a future date. Furthermore, Romantik Hotels or the respective provider is entitled to cancel the booking in these cases. In addition to this, the Romantik guest is obliged to pay cancellation fees and to compensate for any damages incurred by Romantik Hotels and/or the respective provider.

6 Data Protection and User Identification

(1) To facilitate the booking of a room, the arrangement of accommodation and/or event contractor the purchase of gift vouchers or other services and goods, 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, email: info@romantikhotels.com, Register Court Frankfurt am Main HRA 30092 (hereinafter Romantik Hotels) collects, processes and uses your first and last name, your address, your email address, your IP address and also the personal data that the Romantik guest has communicated under MyRomantik to the Romantik Hotels umbrella organisation or to one of the Romantik hotels or Romantik restaurants under the umbrella organisation Romantik Hotels & Restaurants AG (personal data).

(2) Romantik Hotels collects, processes and uses personal data exclusively for the purpose of enabling the Romantik guest to access the desired services of Romantik Hotels from the Romantik Hotels website, or to provide the best service to the guest while visiting one of the Romantik hotels and restaurants.

(3) Personal data is stored and processed exclusively on servers of ennit AG, Projensdorfer Str. 324, D-24106 Kiel. Personal data will not be transmitted to third parties.

(4) Romantik guests have a right to information at all times with regard to the personal data that is collected, processed and used in relation to their person. Requests for information should be directed 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 Email: datenschutz@romantikhotels.com.

(5) Romantik guests receive detailed information about the nature, extent, location and purpose of the collection, processing and use of personal data required for the execution of orders, as well as their right to object to the use of their anonymous user profiles for purposes of advertising, market research and needs-based service provision.

7 Dispute resolution

Romantik Hotels is generally prepared to participate in the dispute settlement procedure in accordance with the German Consumer Dispute Resolution Act (VBSG). The European Commission provides a platform for online dispute resolution (OS), which Romantik guests can find at http://ec.europa.eu/consumers/odr/ or via the link in the Romantik Hotels site notice. Consumers have the option to contact this body to settle their disputes. For questions relating to the settlement of disputes you are welcome to contact Romantik Hotels at datenschutz@romantikhotels.com.

8 Applicable law and place of jurisdiction

(1) The law of the Federal Republic of Germany shall apply excluding the UN Sales Convention and the conflict of laws.

(2) If the Romantik guest is a trader, a legal entity under public law or special fund under public law, or has no general place of jurisdiction in the Federal Republic of Germany, the place of jurisdiction for any disputes arising from the business relationship between Romantik Hotels and the Romantik guest is chosen by Romantik Hotels to be Frankfurt. For lawsuits against Romantik Hotels, however, Frankfurt shall be the exclusive place of jurisdiction. Mandatory statutory provisions relating to exclusive places of jurisdiction remain unaffected by this provision.

(3) The place of performance for all complimentary services of Romantik Hotels is their headquarters; the place of performance for the services and any substitute services of the respective providers is the location of the accommodation.