General Terms and Conditions of ATLANTIC Hotels Management GmbH for the Online Voucher Shop
I. Scope of Application and Subject Matter
1. The following GTC apply to all current and future contracts concluded with us for the distance selling of vouchers for a value, a service, or a ticket for an event in the online voucher shop of ATLANTIC Hotels Management GmbH at www.atlantic-hotels.de/en/voucher
2. These GTC also apply to all current and future contracts concluded with us, insofar as the aforementioned vouchers are purchased on-site in the business premises of ATLANTIC Hotels Management GmbH or one of the participating hotels, except for the provisions on contract conclusion in Clauses II.2 to II.5 and the provision on the right of withdrawal according to Clause VI.
3. Furthermore, these GTC apply mutatis mutandis if we or one of the participating hotels issue the vouchers without consideration, e.g., as a gift or promotional measure, except for the provisions on contract conclusion in Clauses II.2 to II.5 and the provision on the right of withdrawal according to Clause VI.
4. Separate General Terms and Conditions of the respective participating hotel apply to the conclusion of hotel accommodation contracts and the rental of event rooms. These can be viewed on the websites of the respective hotel or on-site.
5. General terms and conditions of the purchaser are not recognized.
II. Contracting Parties and Conclusion of Contract
1. Only persons who have reached the age of 18 are entitled to purchase vouchers. The contract is concluded between the purchaser as the buyer and
ATLANTIC Hotels Management GmbH
Ludwig-Roselius-Allee 2
28329 Bremen
Register Court: Bremen District Court: HRB 30008
as the seller.
2. The products (vouchers) presented in our online voucher portal are merely invitations to order. They do not constitute a binding offer.
3. By placing an order by clicking the “Order with obligation to pay” button, the purchaser makes a binding offer to conclude a purchase contract for the selected voucher(s). This order is immediately confirmed to the email address provided by the purchaser (no acceptance of the contract yet).
4. By providing the ordered voucher(s) for download and print (Print@home) in the online voucher shop and digitally by email or by sending the voucher by post at the purchaser’s request, each after payment by the purchaser, ATLANTIC Hotels Management GmbH accepts the purchaser’s offer.
5. Input errors during the ordering process can be corrected by pressing the “Back” button and then re-entering. Incorrect entries are at the expense of the purchaser.
6. Deviations in the representations and photos are possible. Errors and changes to the presented products (vouchers) are reserved.
3. By placing an order by clicking the “Order with obligation to pay” button, the purchaser makes a binding offer to conclude a purchase contract for the selected voucher(s). This order is immediately confirmed to the email address provided by the purchaser (no acceptance of the contract yet).
4. By providing the ordered voucher(s) for download and print (Print@home) in the online voucher shop and digitally by email or by sending the voucher by post at the purchaser’s request, each after payment by the purchaser, ATLANTIC Hotels Management GmbH accepts the purchaser’s offer.
5. Input errors during the ordering process can be corrected by pressing the “Back” button and then re-entering. Incorrect entries are at the expense of the purchaser.
6. Deviations in the representations and photos are possible. Errors and changes to the presented products (vouchers) are reserved.
III. Invoicing, VAT, Payment Modalities
1. Invoicing with proof of tax can only be issued at the time of actual service provision due to legal regulations (UStG). This is the time of voucher redemption.
2. All listed prices of a value voucher do not include VAT, as the voucher itself represents a 100% credit. Only the actual invoice(s) in the participating hotels of the ATLANTIC Hotels Group, the Severin*s Hotels, and the participating LOUIS Hotel in Munich take VAT into account.
3. The purchase price for the ordered vouchers can be paid by credit card, PayPal, or prepayment
2. All listed prices of a value voucher do not include VAT, as the voucher itself represents a 100% credit. Only the actual invoice(s) in the participating hotels of the ATLANTIC Hotels Group, the Severin*s Hotels, and the participating LOUIS Hotel in Munich take VAT into account.
3. The purchase price for the ordered vouchers can be paid by credit card, PayPal, or prepayment
IV. Redemption
1. Vouchers for a value, a service, or in the form of a ticket for an event can be redeemed according to their purpose and service description in the participating hotels of the ATLANTIC Hotels Group, the participating Severin*s Hotels, or in the participating LOUIS Hotel in Munich. Otherwise, the vouchers can be redeemed by the presenting person.
2. The claim to redeem the voucher for a service or a specific value expires within three years from the end of the year in which the voucher was issued according to the issue date.
3. If the voucher is a ticket, it can only be redeemed on the day of the event.
4. Notwithstanding the preceding provisions in Clause IV.2, the claim to redeem the voucher already expires within one year from the day the voucher was issued according to the issue date if the purchaser received this voucher from the seller or one of the participating hotels without consideration, e.g., as a gift or promotional measure.
5. ATLANTIC Hotels Management GmbH or the individual participating hotels are only obliged to redeem the voucher if the purchase price for the voucher has been fully paid.
6. Vouchers are excluded from exchange. A cash payment of the voucher value is excluded unless the corresponding service cannot be provided by ATLANTIC Hotels Management GmbH or the participating hotels. However, notwithstanding this, a cash payment will not be made in any case if the voucher was issued without any consideration, e.g., as a gift or promotional measure by the seller or one of the participating hotels.
7. If the price of the service for which the voucher is redeemed is less than the voucher value, the redeemer will receive a voucher for the difference amount on-site. The period for the claim to redeem the voucher for the difference amount corresponds to the remaining period for the claim to redeem the original, only partially redeemed voucher.
2. The claim to redeem the voucher for a service or a specific value expires within three years from the end of the year in which the voucher was issued according to the issue date.
3. If the voucher is a ticket, it can only be redeemed on the day of the event.
4. Notwithstanding the preceding provisions in Clause IV.2, the claim to redeem the voucher already expires within one year from the day the voucher was issued according to the issue date if the purchaser received this voucher from the seller or one of the participating hotels without consideration, e.g., as a gift or promotional measure.
5. ATLANTIC Hotels Management GmbH or the individual participating hotels are only obliged to redeem the voucher if the purchase price for the voucher has been fully paid.
6. Vouchers are excluded from exchange. A cash payment of the voucher value is excluded unless the corresponding service cannot be provided by ATLANTIC Hotels Management GmbH or the participating hotels. However, notwithstanding this, a cash payment will not be made in any case if the voucher was issued without any consideration, e.g., as a gift or promotional measure by the seller or one of the participating hotels.
7. If the price of the service for which the voucher is redeemed is less than the voucher value, the redeemer will receive a voucher for the difference amount on-site. The period for the claim to redeem the voucher for the difference amount corresponds to the remaining period for the claim to redeem the original, only partially redeemed voucher.
V. Liability
1. ATLANTIC Hotels Management GmbH is liable to the purchaser in all cases of contractual and non-contractual liability for intent and gross negligence in accordance with the statutory provisions for damages or reimbursement of futile expenses.
2. In other cases, ATLANTIC Hotels Management GmbH is only liable – unless otherwise regulated in Clause V.3 – for the breach of a contractual obligation, the fulfillment of which enables the proper execution of the contract in the first place and on the compliance with which the purchaser as a customer could regularly rely (so-called cardinal obligation), and limited to the compensation of the foreseeable and typical damage. In all other cases, liability is excluded subject to the provision in Clause V.3.
3. Liability for damages resulting from injury to life, body, or health and under the Product Liability Act remains unaffected by the above limitations and exclusions of liability.
2. In other cases, ATLANTIC Hotels Management GmbH is only liable – unless otherwise regulated in Clause V.3 – for the breach of a contractual obligation, the fulfillment of which enables the proper execution of the contract in the first place and on the compliance with which the purchaser as a customer could regularly rely (so-called cardinal obligation), and limited to the compensation of the foreseeable and typical damage. In all other cases, liability is excluded subject to the provision in Clause V.3.
3. Liability for damages resulting from injury to life, body, or health and under the Product Liability Act remains unaffected by the above limitations and exclusions of liability.
VI. Right of Withdrawal and Withdrawal Instruction
1. As a consumer, i.e., a natural person who places the order for a purpose that cannot be attributed to their commercial or independent professional activity, the purchaser is entitled to a right of withdrawal in accordance with the statutory provisions.
Withdrawal Instruction
You have the right to withdraw from this contract (for the purchase of vouchers) within fourteen days without giving any reason.
The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the goods (voucher). If the voucher is provided to you as a download or by email as a PDF file, the withdrawal period begins on this day.
To exercise your right of withdrawal, you must inform us,
ATLANTIC Hotels Management GmbH
Ludwig-Roselius-Allee 2
28329 Bremen
Phone: +49 (0) 421 944888-0
Fax: +49 (0) 421 944888-552
Email: gutschein@atlantic-hotels.de
Register Court: Bremen District Court: HRB 30008,
by means of a clear statement (e.g., a letter sent by post, fax, or email) of your decision to withdraw from this contract.
You may use the attached model withdrawal form, but it is not mandatory. You can also electronically fill out and submit the model withdrawal form or any other clear statement.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Model Withdrawal Form
To
ATLANTIC Hotels Management GmbH | Ludwig-Roselius-Allee 2| 28329 Bremen
Fax: +49 (0) 421 944888-552 Email: gutschein@atlantic-hotels.de
I/we () hereby withdraw from the contract concluded by me/us () for the purchase of the following goods ()/ the provision of the following service ()
Ordered on (*)/ received on (*)
Name of consumer(s)
Address of consumer(s)
Signature of consumer(s) (only if this form is notified on paper)
Date
_______________
(*) Delete as appropriate.
Ordered on (*)/ received on (*)
Name of consumer(s)
Address of consumer(s)
Signature of consumer(s) (only if this form is notified on paper)
Date
_______________
(*) Delete as appropriate.
Consequences of Withdrawal:
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than fourteen days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods (voucher) back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You must return or hand over the goods to us without undue delay and in any event not later than fourteen days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of fourteen days has expired. This obligation to return does not apply if you have only received the voucher as a download or by email as a PDF file; in this case, we will electronically invalidate the voucher.
You will bear the direct cost of returning the goods.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics, and functioning of the goods.
Expiration of the Right of Withdrawal
The right of withdrawal expires if, by mutual agreement, (1) the voucher is redeemed on-site (i.e., not by means of distance selling) during the withdrawal period, or (2) the redemption of the voucher during the withdrawal period involves the conclusion of contracts for the provision of services in the areas of accommodation for purposes other than residential purposes, transportation of goods, car rental, delivery of food and beverages, and the provision of other services related to leisure activities, if the contract provides for a specific date or period for the provision. This latter exception does not apply to contracts for travel services under Section 651 a BGB if they are concluded outside business premises, unless the oral negotiations on which the conclusion of the contract is based were conducted at the prior request of the consumer. 2. Notwithstanding the provision in Clause VI.1 and in accordance with the statutory regulation of Section 312g (2) No. 9 BGB, the right of withdrawal does not apply if a voucher in the form of a ticket for a date-bound event is purchased through the online voucher shop.
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than fourteen days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods (voucher) back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You must return or hand over the goods to us without undue delay and in any event not later than fourteen days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of fourteen days has expired. This obligation to return does not apply if you have only received the voucher as a download or by email as a PDF file; in this case, we will electronically invalidate the voucher.
You will bear the direct cost of returning the goods.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics, and functioning of the goods.
Expiration of the Right of Withdrawal
The right of withdrawal expires if, by mutual agreement, (1) the voucher is redeemed on-site (i.e., not by means of distance selling) during the withdrawal period, or (2) the redemption of the voucher during the withdrawal period involves the conclusion of contracts for the provision of services in the areas of accommodation for purposes other than residential purposes, transportation of goods, car rental, delivery of food and beverages, and the provision of other services related to leisure activities, if the contract provides for a specific date or period for the provision. This latter exception does not apply to contracts for travel services under Section 651 a BGB if they are concluded outside business premises, unless the oral negotiations on which the conclusion of the contract is based were conducted at the prior request of the consumer. 2. Notwithstanding the provision in Clause VI.1 and in accordance with the statutory regulation of Section 312g (2) No. 9 BGB, the right of withdrawal does not apply if a voucher in the form of a ticket for a date-bound event is purchased through the online voucher shop.
VII. Security Guarantee, Data Protection
1. The security of the purchaser has the highest priority. Therefore, data such as credit card number, bank code, account number, name, and address are transmitted via certified payment providers using their protected TLS/SSL line in compliance with PCI DSS guidelines to protect the transmitted data from unauthorized access by third parties.
2. Additional security measures are applied for the online voucher portal at www.atlantic-hotels.de/gutschein.
3. The personal data provided by the purchaser will be electronically processed to the extent necessary for the execution of the contract. All personal data of the purchaser will be processed in accordance with German and European data protection law. Further information on the handling of the purchaser’s data can be found in the privacy policy at www.atlantic-hotels.de/en/privacy-policy/.
2. Additional security measures are applied for the online voucher portal at www.atlantic-hotels.de/gutschein.
3. The personal data provided by the purchaser will be electronically processed to the extent necessary for the execution of the contract. All personal data of the purchaser will be processed in accordance with German and European data protection law. Further information on the handling of the purchaser’s data can be found in the privacy policy at www.atlantic-hotels.de/en/privacy-policy/.
VIII. Choice of Law, Jurisdiction, Amendments
1. The legal relations between the customer and the contracting party are exclusively subject to the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods. For consumers, this choice of law applies only insofar as it does not deprive the consumer of the protection afforded by mandatory provisions of the law of the state in which the consumer has their habitual residence.
2. If the customer is a merchant, a legal entity under public law, or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract – including disputes concerning checks and bills of exchange – is, at the option of ATLANTIC Hotels Management GmbH, the place of business in Bremen. The same applies if the customer has no general place of jurisdiction in the Federal Republic of Germany or if their residence or habitual abode is unknown at the time the action is brought. Mandatory statutory provisions regarding the place of jurisdiction remain unaffected.
3. Amendments and supplements to the contract, the acceptance of the application, or these GTC must be in text form (e.g., email is sufficient). Unilateral amendments or supplements by the customer are invalid.
2. If the customer is a merchant, a legal entity under public law, or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract – including disputes concerning checks and bills of exchange – is, at the option of ATLANTIC Hotels Management GmbH, the place of business in Bremen. The same applies if the customer has no general place of jurisdiction in the Federal Republic of Germany or if their residence or habitual abode is unknown at the time the action is brought. Mandatory statutory provisions regarding the place of jurisdiction remain unaffected.
3. Amendments and supplements to the contract, the acceptance of the application, or these GTC must be in text form (e.g., email is sufficient). Unilateral amendments or supplements by the customer are invalid.