Romantik Hotels & Restaurants AG

Condizioni generali di contratto

All services provided and engaged by Romantik Hotels & Restaurants AG (hereinafter referred to as “Romantik Hotels”) are subject to the following General Terms of Business.


§ 1 Applicability

1. All services which are either engaged or provided by Romantik Hotels are expressly subject to these General Terms of Business. Contracting partners of Romantik Hotels herewith agree to these General Terms of Business.

2. The General Terms of Business of Romantik Hotels may be either viewed in the offices of Romantik Hotels, Hahnstr. 70, 60528 Frankfurt am Main, Germany or downloaded and printed here.

3. The General Terms of Business are applicable to all contractual relationships with Romantik Hotels unless agreed otherwise in writing.

4. General terms of business or other contractual stipulations of the contracting partners of Romantik Hotel, which contradict these General Terms of Business shall not become part of any contract between Romantik Hotels and the contracting partner unless expressly agreed otherwise in writing.

 

§ 2 Arrangement of lodging and event agreements

a) Services

1. Romantik Hotels exclusively serves as an agent with the purpose of arranging lodging and event agreements between individual Romantik hotels and Romantik Hotel Guests.

2. On www.romantikhotels.com, Romantik Hotels operates an online shop which sells gift certificates for lodging and events.

3. On www.romantikhotels.com, Romantik Hotels provides the Romantik Hotel Guest with extensive information about all Romantik hotels and restaurants associated under the umbrella organization of Romantik Hotels and Restaurants.


b) Reservation requests and online booking

1. As the umbrella organization of “Romantik Hotels & Restaurants International”, Romantik Hotels only forwards, on behalf of the Romantik Hotel Guest, any reservation request posted by the Guest in either written or electronic form or through the booking and reservation websites of www.romantikhotels.com to the chosen Romantik Hotel for verification and confirmation purposes.

The respective lodging or event agreements will be exclusively concluded between the Romantik Hotel Guest and the chosen hotel or third party provider and are exclusively subject to their respective contractual conditions and general terms of business.

2. Online bookings are processed directly “online” using the reservation platform of a strategic Internet partner of Romantik Hotels.

3. Romantik Hotels will never act as an agent or tour operator for the Romantik Hotel Guest – neither in the event of a reservation request nor in the event of an online booking.


c) Conclusion of contract and contracting partner

1. Any lodging, event or ancillary services agreement (e. g. for theater tickets, etc.) will be concluded exclusively between the Romantik Hotel Guest and the chosen Romantik Hotel or the third party providing the ancillary services.

The price for lodging or any ancillary services shall be paid by the Romantik Hotel Guest directly to the hotel or the third party service provider unless otherwise agreed between the Romantik Hotel and the Romantik Hotel Guest.

Any claims or obligations resulting from a lodging or event agreement or any other contract are claims or obligations arising directly and exclusively between the Romantik Hotel Guest and the selected Romantik hotel or third party ancillary service provider. The effectively integrated terms of business of the respective Romantik hotel or service provider are applicable.

§ 3 Gift Vouchers

a) Romantik Gift Vouchers are subject to the following conditions

1. Gift Vouchers may never be redeemed for cash, neither wholly nor partially.

2. Gift Vouchers must be used within their expiration period. After their expiration date any refund or other use is excluded.

3. Romantik Gift Vouchers expire at the end of the third year after their date of issue. They may be redeemed in any hotel and restaurant of Romantik Hotels except for the ones listed under Gift Voucher Exceptions.

4. Romantik Gift Vouchers may only be redeemed for services or hotel packages offered by Romantik Hotels & Restaurants, the price of which corresponds to the one printed on the Gift Voucher (in Euro).

b) Conclusion of contract

1. The offers made by Romantik Hotels are subject to change. The presentation of products in the online shop does not constitute a legally binding offer, but shall be deemed an enticement for the user to place an order.

2. The Romantik Hotel Guest will be sent a confirmation of his or her order by e-mail. The purchase agreement will take effect only after Romantik Hotels has sent an order confirmation to the Romantik Hotel Guest. By placing an order, the Romantik Hotel Guest makes a binding declaration of his or her intention to purchase the goods or services offered. The Romantik Hotel Guest is bound to his/her order up to 14 days after receipt by Romantik Hotels.

3. The order process in the online shop comprises several steps. By clicking on the „order“ button, the Romantik Hotel Guest places a binding purchase order of all gift vouchers and goods listed on the order page. An order is effectively placed after the Romantik Hotel Guest has entered the required information and, as a final step, has clicked on the “Buy now” button, thus sending the order form to Romantik Hotels. The filled out order form will be stored by Romantik. The Romantik Hotel Guest may print out a copy of the order.


c) Right of revocation for private customers/consumers

1. You may revoke your declaration of contract in writing (e. g. by letter, fax, or e mail) within a period of one month without being required to give any reason, or – if you have received the Gift Voucher before the end of the one month period – you can do so by simply sending back the Gift Voucher. The term starts upon receipt of this instruction in writing, but not before receipt of the goods (in the event of multiple recurring deliveries not before the receipt of the first partial delivery) and not before Romantik Hotels has fulfilled its information duties pursuant to § 312c sec. 2 of the German Civil Code (BGB) in conjunction with § 1(1), (2), and (4) of the Ordinance on Information and Documentation Duties pursuant to the German Civil Code (BGB InfoV) as well as the duties pursuant to § 312e sec. 1 sentence 1 German Civil Code in conjunction with § 3 BGB-InfoV. The revocation period is deemed to be observed if either the declaration of revocation or the goods are sent back on or before the respective expiration date:

2. Any such declaration is to be addressed to:
Romantik Hotels & Restaurants AG
Hahnstr. 70
60528 Frankfurt am Main
Germany
E-Mail: info@romantikhotels.com
Fax: +49 (0) 69/66 12 34-56

3. Consequences of revocation
In the event of an effective revocation of the contract, any services/payments/products and any benefits (e. g. interest) received by either party are to be returned to the other.

If it is not possible to either partially or wholly return the services/payments/products received, or if you can only return them in a deteriorated condition, you are required to compensate Romantik Hotels for any such deterioration. This does not apply if the deterioration of the goods is the consequence of an inspection thereof as it would have been possible in a real, physical shop or store. You are not responsible for paying any compensation for a deterioration of goods resulting from their ordinary and proper use.

Goods that can be sent by parcel shall be returned to Romantik Hotels at our own risk. If the goods delivered correspond to your order and the price of the merchandise which you return does not exceed the amount of EUR 40, or if, in case of a price higher than EUR 40.00, you have not yet provided consideration or made the contractually agreed partial payment at the time of your revocation, you shall bear all shipping costs. In all other cases, returning the goods shall be free of charge for you. Any merchandise which cannot be sent by mail will be picked up.

The obligation to reimburse you for any payments already made shall be fulfilled within a period of 30 days. For you, this term starts at the time of sending the goods or the notice of revocation, for Romantik Hotels it starts upon receipt of the same.

4. You are allowed to inspect the merchandise applying due care. The right to return the merchandise applies to extant goods only.

End of instruction on the right of revocation

d) Pricing and costs of shipment

1. The purchase price of the Romantik Gift Vouchers corresponds to the price in Euro given on the order form at the time of order. The prices listed are final prices and include applicable VAT. Placing an order by means of telecommunications is free of charge for the Romantik Hotel Guest.

2. The costs of shipment are to be borne by the customer and depend on the type of shipment, and the size and weight of the ordered goods. Right before completing the order, the Romantik Hotel Guest will be duly informed about all applicable shipping costs.

3. If the Romantik Hotel Guest makes use of his right of revocation as per § 3 c) of these General Terms of Business, he/she shall bear all shipping costs for the return of the goods, if the goods delivered correspond to his/her order and the price of the merchandise which he/she returns does not exceed the amount of EUR 40, or if, in case of a price higher than EUR 40.00, he/she has not yet provided consideration or made the contractually agreed partial payment at the time of revocation. In all other cases, returning the goods shall be free of charge for the customer.

e) Payments, maturity and invoicing

1. The Romantik Hotel Guest shall pay the purchase price in advance. The purchase price becomes due immediately upon order placement.

2. Payment shall be made by credit card or bank-to-bank wire transfer. By disclosing your credit card number in the order, you authorize Romantik Hotels to debit the purchase price from the respective credit card account. The purchase price will be debited from the credit card via ssl connection. If you choose wire transfer as the preferred payment method, you will receive a pro forma payment advice note. As soon as you have paid the amount shown on the pro forma payment advice note and the amount has been credited to the account of Romantik Hotels, the goods/gift vouchers will be shipped. The goods are shipped either by DHL-Paket or by TNT-Express (applicable for Germany only). During the order process, the customer may choose the type of shipment. During the order process, the Romantik Hotel Guest will always be informed about the respective shipping costs.

3. The Romantik Hotel Guest will receive a receipt about the amount in Euros paid for any Gift Voucher including applicable VAT. The receipt will be sent to the Romantik Hotel Guest together with the Romantik Gift Voucher.


f) Right of offset and right of retention

1. The Romantik Hotel Guest may exert his right to offset his liabilities only if his counterclaims have been declared final by a court, are uncontested or have been accepted by Romantik Hotels in writing.

2. The Romantik Hotel Guest may only exert his right of retention if his claims derive from the same contractual relationship, have been declared final by a court or have been accepted by Romantik Hotels in writing.


g) Delivery

1. After receipt of the full purchase price, the Romantik Gift Vouchers are either handed over to the Romantik Hotel Guest in person or mailed to him/her. Romantik Hotels may refuse to provide the respective services if its claim for payment is in jeopardy due to the customer’s inability to perform accordingly. This right of refusal is no longer applicable if the Romantik Hotel Guest has paid the agreed price in full.

2. Upon discretion of the Romantik Hotel Guest, the Romantik Gift Vouchers or any other goods ordered by him/her may be shipped at his/her own expense either to his/her personal address or to another expressly specified recipient.

3. Delivery dates become effective only upon Romantik’s express written confirmation. After a period of 30 days, the customer is entitled to set an appropriate date for the performance or delivery of the services. Upon expiry of such date, the Romantik Hotel Guest is entitled to terminate the agreement. In this case, he/she will be reimbursed the purchase price provided that he or she has already made the respective payment. The right of the Romantik Hotel Guest to terminate the contract does not apply if the default by Romantik Hotels is due to force majeure. Cases of force majeure which release Romantik Hotels from their duty to deliver include but are not limited to the following events: war, assassinations and attacks, riots, fire or strike within Germany, the country from which the goods are shipped, the country of destination of the goods or the country of the order.

4. If the Romantik Hotel Guest is not a consumer pursuant to § 13 of the German Civil Code, the following applies additionally:

The risk of shipment of any Romantik Gift Voucher shall be borne by the Romantik Hotel Guest. If the delivery is incomplete or damaged, the Romantik Hotel Guest must enter his complaints in the delivery note and send it back to the shipping company by insured, certified mail or insured package with confirmation of delivery within three days upon receipt of the damaged Gift Voucher. The deadline is deemed to be observed if the postmark’s date is within the deadline.


h) Warranty

1. If the delivered merchandise is defective, the Romantik Hotel Guest can choose if he/she either prefers the replacement or the repair of the goods. Romantik is entitled to refuse the request in the event of inappropriate costs and if the other type of remedy is without significant disadvantages for the Romantik Hotel Guest. If the condition of the product is as originally agreed upon when the risk passes, the Romantik Hotel Guest is not entitled to a warranty claim.

2. If Romantik Hotels fails to replace or repair the goods, the Romantik Hotel Guest is entitled to either reduce the price (price reduction), terminate or cancel the contract (termination) or claim damages.

In the event of minor defects, the Romantik Hotel Guest is not entitled to terminate the contract.

3. If the Romantik Hotel Guest requests to terminate the contract after Romantik Hotels has failed to either rectify or replace the legally or materially defective goods, he/she is not entitled to claim damages.

If the Romantik Hotel Guest claims damages in the event of a failed replacement or repair, the goods remain with him/her unless this would constitute an unreasonable burden. Damages are limited to the balance between the purchase price and the value of the defective goods. This does not apply in the event of a fraudulent breach of contract by Romantik Hotels.

4. The statute of limitations is two years as of delivery of the goods. The statute of limitations for used goods is one year as of delivery.

5. Romantik does not give any guarantees in a legal sense. Guarantees by the manufacturer remain unaffected hereby.

6. Before the Romantik Hotel Guest returns the product to Romantik Hotels he/she must remove any objects he/she might have added to the product. Romantik Hotels is not liable for the loss of any such objects unless the added object could have been easily noticed at the return of the product (in the event of which Romantik Hotels shall inform the Romantik Hotel Guest and keep the object ready for pick up).

7. The liability for damages of the Romantik Hotel Guest for breaching the duty of properly returning the goods is subject to the applicable legal provisions.

8. Claims for damages of the Romantik Hotel Guest for defective goods have a statute of limitations of one year after the delivery of the respective goods. This does not apply in the event of fraudulent behavior by Romantik Hotels.

9. rrespective of the measures which must be taken with regard to the shipping company, any Romantik Hotel Guest who is not deemed a consumer pursuant to § 13 of the German Civil Code must report any quality defects of the Gift Vouchers to Romantik Hotels by registered mail with confirmation of delivery within eight days upon receipt of the Gift Voucher.


i) Reservation of title

1. Romantik Hotels reserves title to any goods until receipt of the full purchase price.

2. The Romantik Hotel Guest agrees to treat and store the goods with due care until such reservation of title expire.

3. The Romantik Guest agrees to inform Romantik Hotels without delay if a third party takes possession of the goods (writ of execution) or if the goods are damaged or destroyed. The Romantik Hotel Guest also agrees to inform Romantik Hotels without delay about any change of residency.

4. Should the Romantik Guest breaches his or her obligations pursuant to subsection 2 or 3 above or should the Romantik Guest otherwise breach the agreement (including but not limited to default in payment), Romantik Hotels is entitled to terminate the contract and request the return of the goods.

5. Should the Romantik Guest breaches his or her obligations pursuant to subsection 2 or 3 above or should the Romantik Guest otherwise breach the agreement (including but not limited to default in payment), Romantik Hotels is entitled to terminate the contract and request the return of the goods.

 

§ 4 Limitations of liability

1. The liability of Romantik Hotels for the breach of contractual duties or any other offenses is limited to intent or gross negligence. This does not apply to injury of life, body or health of a Romantik Hotel Guest nor does it apply to claims of a Romantik Hotel Guest arising from the breach of key service obligations by Romantik Hotels nor to damages for default. In these cases, Romantik Hotels is liable irrespective of the degree of culpability. Insofar as a liability for damages of Romantik Hotels is excluded or limited, the same applies to the personal liability for damages of any employee, worker, representative or vicarious agent of Romantik Hotels.

2. Liability for services which arise from agreements between a Romantik Hotel Guest and an individual provider is excluded, except for the limitations mentioned in section 1 of this paragraph. The above mentioned exclusion of liability is also applicable to slightly negligent breaches of duty of any vicarious agent (Erfüllungsgehilfen as defined in the German Civil Code) of Romantik Hotels.

3. Romantik Hotels verifies and updates the information published on this website regularly. Even though we exercise reasonable care, data might change in the meantime. Thus, we cannot give any warranty or guarantee that the information provided is always up-to-date, accurate, and complete. Any liability for damages which arise directly or indirectly from the use of this website is excluded unless damage is caused by intention or gross negligence.

Pursuant to § 7 sec. 1 TMG (German Telemedia Act), Romantik Hotels is responsible for all content published on its webpages according to the applicable laws. Pursuant to §§ 8, 9 and 10 TMG, Romantik Hotels is not obligated to monitor or inspect any information from third parties which has been transmitted to or saved on its pages. As soon as Romantik Hotels learns about any violation of the law, the respective content will be deleted immediately. Romantik Hotels accepts liability only as of the time at which it notices the concrete violation.

4. Herewith, we expressly inform you that Romantik Hotels has no influence whatsoever on the design or presentation of the content of external webpages to which you might find a link on its Internet sites and that Romantik Hotels does not make any warranty as to the lawfulness, accuracy and completeness of such information. Romantik Hotels herewith expressly disclaims any endorsement of such third party content. Romantik Hotels strongly recommend to read and observe the terms of use, the privacy policy, and any other legal information of such third party’s Internet pages with due care and diligence. The publishers of such linked websites are exclusively responsible for the content published there unless Romantik Hotels is familiar with the content and it is technically capable and reasonable for Romantik Hotels to prevent the use of any such links the content of which might prove to be unlawful. Romantik Hotels reserves the right to amend or supplement the information provided on its website anytime. As soon as Romantik Hotels learns about any unlawful information on the Internet pages it links to, it will immediately delete such links from its website.

5. Due to the current state of technology, Romantik Hotels cannot guarantee error free and/or constant availability of data communications via the Internet. Thus, Romantik Hotels is neither liable for the constant and uninterrupted availability of the www.romantikhotels.com online services nor for any technical or electronic errors in booking-, order-, or reservation processes, which cannot be controlled by Romantik Hotels, including but not limited to delays in the processing or the acceptance of an offer or confirmation..

 

§ 5 Copyrights/intellectual property rights

1. The Romantik Hotel Guest holds Romantik Hotels harmless from any third-party claims, including but not limited to damage claims based on infringements of the third party’s rights caused by the data and content provided by the Romantik Hotel Guest on the Romantik Hotels websites. Furthermore, the Romantik Hotel Guest holds Romantik Hotels harmless from any third-party claims, including but not limited to damage claims based on infringements of the third party’s rights caused by the Romantik Hotel Guest’s use of the Romantik Hotels’ websites.

2. The Romantik Hotel Guest shall bear all reasonable costs incurred by Romantik Hotels due to his/her infringement of such third-party rights including any reasonable legal costs. All other rights and claims for damages to which Romantik Hotels is entitled remain unaffected hereby.

3. The above mentioned obligations of the Romantik Hotel Guest do not apply if he or she is not liable for the infringement.

4. The names, labels, and designations, etc. “Romantik Hotels & Restaurants”, “Romantik Hotels & Restaurants International”, “Romantik Reisen”, “Romantik” and “Romantik Spa” as well as the logo and design of Romantik Hotels are subject to industrial property rights, including but not limited to word and picture marks, and are thus protected against any type of use without the prior approval of Romantik Hotels.

5. The www.romantikhotels.com website contains data, information, and illustrations for which Romantik Hotels and, in individual cases, specific third parties have obtained trademark and/or copyright protection. Copying or using, in whole or in part, pictures, graphics, text items, or other content of the website in other electronic or printed media and publications, including but not limited to copies, reprints, further processing, electronic archiving, transfer of data into other data media or the use of the material for purposes other than the ones provided in here, requires the prior written approval of Romantik Hotels. Technically required duplication of content for the purpose of browsing is expressly allowed insofar as it does not serve any economic or business purpose. The permanent duplication of content for private use is allowed as well.

6. Any use of the designations, names, designs, logos, and brands mentioned in section 1 of this paragraph without the prior approval of Romantik Hotels is unlawful and constitutes an infringement of the industrial property rights of Romantik Hotels.

 

§ 6 Privacy and user identification

Data protection (privacy) and user identification are subject to our Privacy Notice which is published on our Website.

§ 7 Applicable law and forum

1. These General Terms of Use are subject to the law of the Federal Republic of Germany excluding the application of the UN Convention on Contracts for the International Sales of Goods (CISG) and any conflict of law rules.

2. Insofar as legally permitted, the exclusive forum for all disputes arising from the relationship between the owner and the users of the Website is Frankfurt am Main, Germany.

3. If individual clauses of the General Terms of Business, Purchase, and Use are legally ineffective, the effectiveness of the remaining provisions is not affected hereby. In the event of a legally ineffective clause, such invalid clause is to be replaced by a valid one, the economic purpose of which shall come as close as possible to the one of the invalid provision.

Frankfurt, 01.12.2014