PART 1 GENERAL PROVISIONS FOR HOTEL RECEPTION CONTRACTS AND EVENTS
1. In this document, the General Terms and Conditions (GTC) are recorded by the “Hotel between the lakes”, based in Am Mühlenberg 4, 17192 Waren (Müritz). These Terms and Conditions apply to all services of the “Hotel Between the Lakes”. For more information, see www.hotelzwischendenseen.de. These terms and conditions also contain information and references to the protection of personal data.
2. If the recipient of the service (hereinafter referred to as “guest”) is the consumer in the sense of nationally applicable consumer protection laws and these provisions are based on legal transactions with consumers, these shall only apply to the extent that they do not contradict mandatory legal provisions. The ineffectiveness of individual provisions does not affect the validity of the remaining provisions.
I. Scope, subletting and application of other GTC
1. Unless otherwise agreed in accordance with these terms and conditions, these General Terms and Conditions apply to contracts for the rental of hotel rooms for accommodation, the rental of the hotel’s meeting rooms for the performance of events of any kind, and all other services and deliveries of the hotel related to the guest.
2. The subletting or re-leasing of the premises, areas or display cases provided, the use of the hotel rooms for purposes other than accommodation, public invitations or other promotional activities, job interviews, sales and similar events and the use of hotel space outside the rented rooms for the aforementioned events require the prior written consent of the hotel and may be subject to payment of an additional fee. In particular, the resale/transfer of rooms/room quotas to third parties is prohibited, in particular at higher prices than actual room prices.
3. Deviating provisions, also to the extent that they are contained in the general terms and conditions of the guest or of a third party ordering for the guest, shall only apply if this has been expressly agreed in writing in advance.
Ii.conclusion of the contract, -partner;
1. The contract is concluded by the acceptance of the guest’s application by the hotel. The hotel is free to confirm the booking in writing.
2. Contractors are the hotel and the guest. If a third party has ordered services for the guest (hereinafter referred to as “orderer”,), the guest himself is not the organizer or if a commercial intermediary or organizer is called by the organizer, the third party or the organizer shall be liable to the hotel together with the guest as joint and several debtor for all obligations arising from the contract. Irrespective of this, each customer is obliged to forward all booking-relevant information, in particular these General Terms and Conditions, to the guest.
3. The guest is obliged to inform the hotel without request at the latest at the time of conclusion of the contract, provided that the use of the hotel service is likely to jeopardize the smooth operation of the hotel, the security or the reputation of the hotel in public.
Iii. Online booking
1. Bookings may also be made and services reserved through the “Hotel Between the Lakes” website or through third-party travel websites with which the “Hotel between the Lakes” has concluded contracts. The guest has the possibility to search for and select services of the hotel also via partner websites and then book directly at the hotel, without leaving the interface of the partner website.
2. The guest confirms that he has received information (contact details hotel company, main room characteristics, additional services, prices, payment methods, validity of offer and price, payment methods) as part of the online reservation or reservation via partner websites. The use of the hotel’s online booking service requires full and unconditional acceptance and validity of the General Terms and Conditions and knowledge of the data protection information – which are automatically part of the contract concluded with the hotel.
3. The guest is solely responsible for the selection of services and the suitability of such services for the needs of the guest. The contract is concluded after reservation and written confirmation of the guest, by transmission of a written booking confirmation. In case of no-show with an upright booking, the hotel will charge a compensation fee of 100% of the price for the first night plus 50% of the price for the second night. Other reserved nights will be cancelled without calculation, unless otherwise specified in the Terms of Sale.
4th. The user of services offered by websites confirms the completion of the 18th and its legal capacity to conclude this contract.
Iv.Services, prices, payment, set-off and vouchers
1. The hotel is obliged to keep the premises booked by the guest ready in accordance with these General Terms and Conditions and to provide the agreed services.
2. Unless expressly stated, additional services (breakfast, half board, etc.) are not included in the price. In the case of conversions in foreign currency, this is merely informative and is not contractually binding. Only the currency confirmed at the time of reservation is guaranteed.
3. The guest is obliged to pay the prices of the hotel valid or agreed for the provision of the premises and the other services used by him or his event participants. Prices are based on the number of guests indicated at the time of booking. A deviation in the number of guests, in particular with regard to the occupancy of the booked rooms, requires the consent of the hotel. The guest is liable for the payment of all services used by the event participants as well as for the costs incurred by them. This also applies to services, costs and expenses of the hotel to third parties initiated by the guest and to claims of copyright management companies.
4th. The agreed prices include the respective statutory value added tax. It does not include local taxes, fees and levies owed by the guest in accordance with the respective local or state law, such as .B tourist tax. Room rates can therefore be increased by various taxes. If the statutory value added tax changes, the prices will be adjusted accordingly; the hotel is entitled to charge the VAT increase after. If the period between the conclusion of the contract and the performance of the contract exceeds four months and the price generally charged by the hotel for such services increases, the hotel may, at its reasonable discretion, increase the contractually agreed price.
5. The prices may also be changed by the hotel if the guest subsequently wishes to change the number of rooms booked, the stated number of guests, the performance of the hotel or the length of stay of the guests and the hotel agrees to this.
6. The hotel may provide the guest with adequate alternative accommodation (of the same quality) if this is reasonable for the guest, especially if the deviation is minor and objectively justified.A factual justification is given, for example, if the room (the rooms) has become unusable, if already quartered guests extend their stay, if there is an overbooking or if other important operational measures require this step.Any additional expenses for the replacement quarter will be at the expense of the hotel.
7. The hotel’s compensation is due as soon as the service has been provided. In the event of a delay in payment, the hotel is entitled to demand the applicable statutory default interest. For each reminder after the occurrence of the delay, the guest must reimburse the hotel for reminder costs in the amount of € 5.00. In the case of transactions in which a consumer is not involved, the hotel is also entitled to a flat rate of € 40.00 in the event of a delay by the guest. All other costs incurred as part of the collection shall be borne by the guest.
8. If a minimum turnover has been agreed and is not reached, the hotel may charge 60% of the difference as a lost profit, unless the guest proves a lower or the hotel proves a higher damage.
9. The hotel is entitled to request a reasonable advance payment or security, e..B in the form of a credit card guarantee, upon conclusion of the contract or thereafter. The amount of the prepayment and the payment dates can be agreed in writing in the hotel admission contract. The hotel is also entitled to make accrued claims accrued during the guest’s stay at the hotel at any time by issuing an interim statement and to demand immediate payment. The agreed advance payments are non-refundable. However, in the event of cancellation, if the hotel is able to rent out rooms and function rooms at the same price, the deposit amounts will be refunded. If the rooms and event rooms cannot be rented out at the same price, the guest must pay the difference.
10. The guest can only offset against claims of the hotel with undisputed or legally established claims or assert a right of retention.
11. Pets can only be brought with the hotel’s prior consent and against calculation. Consent to take a pet with you is provided that the pet is under the constant supervision of the guest and is free of diseases and does not pose any other danger to third parties.
12. Remaining items of the guest will only be sent at the request, risk and expense of the guest. The hotel keeps the items for three months; then, if there is a recognizable value, they are handed over to the local lost property office. If there is no discernible value, the hotel reserves the right to destroy it after the expiry of the period.
13. In the event that the hotel provides free Wi-Fi access to the Internet, the guest is obliged not to use the computer resources provided in violation of intellectual property rights (e.B. texts, images, music and film works, video games, etc.). Similarly, the guest is obligated to comply with the security guidelines of the hotel’s Internet service provider and to refrain from any action that is likely to impair the effectiveness of computer resources.
14th. In the event of the issue of vouchers, such a voucher can only be redeemed for the hotel’s own services and in the case of a hotel marked on the voucher, only at this hotel for payment upon availability. The equivalent of a single voucher is the amount printed on the euro.Vouchers will only be valid after payment and can therefore only be redeemed after receipt of payment. If there are remaining balances in payments with the voucher, these remain and can be used for further payments. Each voucher has an issue date. If a limitation of the validity period is permitted by law, this is 2 years from the date of issue. Vouchers cannot be returned, they are not resaleable or transferable and cannot be redeemed for cash. Vouchers cannot be used as part of online payments. In the event of loss, theft or devaluation of vouchers, no compensation can be made.The customer of the voucher is responsible for providing the correct data to which the voucher and the invoice are to be sent.
Cancellation instructions: In the case of online purchase of vouchers, declarations of vouchers can be revoked within 14 days without giving reasons in any form (letter or e-mail) or, if the voucher is provided before the deadline, also by returning the voucher. The period begins after receipt of this instruction in text form, but not before receiving the voucher from the recipient. In order to comply with the withdrawal period, it is sufficient to send the revocation or the voucher in good time. As a result, the voucher loses its validity and cannot be redeemed. The revocation is to be addressed to hotel between the lakes, keyword: voucher, Am Mühlenberg 4, 17192 goods (Müritz) or by e-mail: email@example.com
V. Guest’s withdrawal (cancellation/non-use of hotel services)
1. A free withdrawal of the guest from the contract concluded with the hotel requires the written consent of the hotel. If this is not done, the agreed price from the contract must be paid even if the guest does not use contractual services. This shall not apply in the event of a breach of the hotel’s obligation to respect the rights, legal interests and interests of the guest, if this means that the guest is no longer entitled to adhere to the contract or if he is entitled to a different right of law or contractual rescission.
2. If a period of free withdrawal from the contract has been agreed in writing between the hotel and the guest, the guest can withdraw from the contract until then without triggering payment or compensation claims of the hotel.
3. In the case of rooms and event rooms not used by the guest without a timely declaration of free withdrawal, the hotel shall offset the income from other rentals as well as the expenses saved.
4th. Instead of a specifically calculated compensation, the hotel is free to demand the contractually agreed remuneration in the cases referred to in point 3 above and to flat-rate the deduction for saved expenses. In this case, the guest is obliged to pay at least 90% of the contractually agreed price for accommodation with or without breakfast as well as for package arrangements with external services, 80% for half-board and 70% for full-board arrangements. If the hotel calculates the compensation in concrete terms, the amount of the contractually agreed price for the service to be provided by the hotel is deducted from the income from other rentals as well as the expenses saved
5. If the guest withdraws after the contract has been signed or after the expiry of the contractually agreed free withdrawal date, the hotel is entitled to charge 35% of the lost consumption turnover in addition to the agreed room rent and the costs for the services of third parties. If the guest withdraws after the contractually agreed free cancellation date and 21 days or shortly before the event date, the hotel is entitled to charge 80% of the lost consumption turnover
6. The guest is free to prove that the above-mentioned claim did not arise or did not arise at the required amount.
Vi. Resignation of the hotel
1. If a free right of withdrawal of the guest has been agreed in writing within a certain period of time, the hotel is entitled to withdraw from the contract during this period if there are requests from other guests for the rooms or event rooms booked and the guest does not waive his right to withdraw within a period specified by the hotel upon request from the hotel. This applies accordingly when granting an option if there are other requests and the guest is not willing to make a fixed booking within a time limit set by the hotel upon request of the hotel. Fixed booking means that a contract is concluded from that date and the originally agreed free right of withdrawal is overridden.
2. If an agreed advance payment or required in accordance with Part 1 Clause IV number 7 is not made even after a reasonable grace period set by the hotel has elapsed, the hotel is entitled to withdraw from the contract.
3. Furthermore, the hotel is entitled to withdraw from the contract for objectively justified reasons, for example if:
· force majeure (including pandemics) or other circumstances beyond the hotel’s control make the performance of the contract impossible;
· hotel services are booked under misleading or false indication of essential facts, e.B. the person of the guest or the purpose of the stay;
· the hotel has reasonable grounds to believe that the use of the hotel service may jeopardise the smooth operation, security or reputation of the hotel in public, without this being attributable to the area of control or organisation of the hotel;
· there has been an infringement of Part 1 Clause I, point 2 or Part 1, Clause IV, (3).
4th. If, after signing the contract, circumstances become known which, in the opinion of the hotel, make the guest’s creditworthiness appear doubtful (in particular if the guest does not compensate for the hotel’s due claims and therefore payment claims of the hotel appear to be endangered), the hotel is entitled to withdraw from the contract or to provide the agreed services only against advance payment or security. The right of withdrawal exists in particular if:
· the guest has filed an application for the opening of insolvency proceedings, initiated out-of-court debt settlement proceedings or stopped his payments;
· insolvency proceedings or the opening of the insolvency proceedings is refused for lack of mass or for other reasons.
5. In the event of justified withdrawal of the hotel, the guest shall not be entitled to compensation.
6. Unauthorized job interviews, sales and similar events may prevent or require cancellations.
7. Should a claim for damages from the hotel arise against the guest in the event of a withdrawal in accordance with numbers 2, 3 and 4 above, the hotel may flat-rate the claim. Part 1 Clause V, point 4 to 6, shall apply accordingly in this case. In these cases, it remains possible for the guest to prove that no or only a minor damage has been caused.
Vii. Liability of the hotel, limitation period
1. The hotel is liable with the care of a regular merchant for its obligations under the hotel admission contract. Claims for damages by the guest are excluded. This includes damages resulting from injury to life, body or health if the hotel is responsible for the breach of duty, other damages resulting from an intentional or grossly negligent breach of duty on the part of the hotel and damages resulting from an intentional or grossly negligent breach of an essential contractual obligation, the fulfilment of which enables the proper execution of the contract in the first place and on whose compliance the guest may regularly rely (“Cardinal obligation”). In the event of a slightly negligent breach of a cardinal obligation, the hotel’s liability is limited to foreseeable damages typical of the contract at the time of conclusion of the contract. A breach of duty on the part of the hotel is equivalent to that of one of its legal representatives or vicarious agents. In the event of any disturbance or defect in the hotel’s services, the hotel will endeavour to remedy the situation if the guest is aware or immediately reprimanded. In addition, the guest is obliged to inform the hotel in good time of the possibility of an exceptionally high damage. The guest is obliged to contribute what is reasonable to him in order to rectify the disturbance and to minimize possible damage.
2. The hotel is liable to the guest in accordance with the statutory provisions for items brought in. Money, securities and valuables can be stored in the hotel safe up to a maximum value corresponding to the hotel’s insurance sum. The hotel recommends that you make use of this option. The liability claims expire if the guest does not immediately notify the hotel after gaining knowledge of loss, destruction or damage. Liability shall only be established if the rooms or containers in which the items were left have been locked. The preceding number 1 sentences 2 to 5 apply accordingly.
3. Insofar as a parking space is made available to the guest in a hotel car park, also for a fee, no custody contract is concluded. In the event of loss or damage to the hotel property of parked or ranked motor vehicles and their contents, the hotel is not liable. There is no obligation to monitor the hotel. Any damage must be reported to the hotel immediately. The preceding number 1 sentences 2 to 5 apply accordingly.
4th. All claims against the hotel for which liability is limited under these General Terms and Conditions, as well as claims for a reduction in the amount of property and title defects, shall become time-barred within one year after the claim has arisen and the creditor becomes aware of the circumstances and the person of the debtor or should obtain without gross negligence. Claims for damages against the hotel, for which liability is limited in accordance with this provision, as well as claims for a reduction in rent in the event of material and legal defects shall be time-barred without knowledge within five years of their creation, except for consumers, here the statutory provisions for the limitation period apply.
5. Photos displayed on the website/mobile services are only exemplary. Even if an attempt is made to give the most accurate impression of the chosen accommodation, unintentional deviations may occur.
Viii. Liability of the guest for damages
1. The guest is liable for all damage to buildings or inventory caused by event participants or visitors, employees, other third parties from his area or himself.
2. The hotel may require the guest to provide adequate security (e.B. insurance, deposits, guarantees).
Ix. Data protection
The hotel as controller within the meaning of the General Data Protection Regulation (GDPR) processes personal data of the guest, such as personal data, contact information, personal and professional data, electronic identification data (IP addresses (log files), data on the PC, browser etc. as well as individual data on the customer’s stay, on the legal basis fulfilling the contractual relations, the protection of legitimate interests of the hotel as well as compliance with legal obligations.
X. Final Provisions
1. Oral ancillary agreements are only binding upon written confirmation. Amendments or additions to the contract or this clause, acceptance of the application or these General Terms and Conditions must be made in writing. Unilateral changes or additions by the guest are ineffective.
2. The place of performance and payment is the seat of the hotel for all mutual obligations.
3. The exclusive place of jurisdiction is the competent court in goods in so far as the contractual partner is a merchant, a legal entity under public law or a special fund under public law.
4th. Unless the contractual partner has a general place of jurisdiction in Germany, the place of jurisdiction is the registered office of the hotel.
4th. German law shall apply. The application of the UN Convention on Contracts for the Convention on Contracts for the Purposes of the Un Convention on Contracts for the Purposes of the Un Convention on Contracts for
5. Should individual provisions of these General Terms and Conditions be or become invalid or void for hotel admission, this shall not affect the validity of the remaining provisions. In this case, the parties will agree on a new regulation which comes as close as possible to the ineffective regulation in its meaning.
6. In the event of difficulties in interpreting between the German version and a different version of these GTC, the German version shall prevail.
PART 2 SPECIAL PROVISIONS FOR HOTEL RECEPTION CONTRACTS
I. Room provision, handover and return
1. The guest does not acquire any entitlement to the provision of certain rooms if it has not been agreed in writing in the hotel recording contract.
2. Booked rooms are available to guests from 15:00 on the agreed day of arrival. The guest is not entitled to previous deployment. Unless expressly agreed a later arrival time or the room in question has been prepaid, the hotel has the right to re-assign booked rooms after 18:00 without the guest being able to infer a claim against the hotel. Claims of the hotel under Part 1 Clause V remain unaffected by this provision.
3. On the agreed day of departure, the rooms must be vacated by the hotel no later than 11:00 and made available in an unhealthy condition. The guest is liable for damages in accordance with Clause VIII number 1 of Part 1. If the guest does not ensure that the rooms are available no later than 11:00 by vacating and vacating the room, the hotel may charge the full price for the rest of the day. Further claims for damages by the hotel remain unaffected by the payment of the agreed price. If the hotel has to accommodate guests in another hotel due to the late eviction, the guest will bear all costs incurred. Contractual claims of the guest are not justified by this. He is free to prove that the hotel has no or a much lower right to a user fee.
Ii. Preparing food, overcrowding, entering the hotel room
1. The preparation of food of any kind in the rooms is prohibited.
2. Rooms can only be occupied with the number of guests specified at the time of booking. Part 1 IV, point 3 and part 1 VI, point 3 apply.
3. Hotel staff are entitled to enter the hotel room during the guest’s stay for cleaning, maintenance and emergencies.
Iii. Group bookings
1. For bookings of more than 3 rooms, special policies and additional charges may apply.
PART 3 SPECIAL PROVISIONS FOR EVENTS
I. Changes in the number of participants and the time of the event
1. A change in the number of participants booked shall be notified to the hotel no later than three working days before the start of the event; it requires the written consent of the hotel.
2. A reduction in the number of participants by the guest, which will be communicated at least 3 working days before the start of the event, will be accepted by the hotel at the time of billing.
3. The actual number of participants is calculated in the case of a deviation to the top. If the number of participants is exceeded, the desired meal sequence may no longer be served, unless the hotel has agreed to the change.
4th. In the event of deviations in the number of participants by more than 10%, to which the guest is not entitled, the hotel is entitled to re-fix the agreed prices.
5. If the agreed start or closing times of the event are postponed and the hotel agrees to these deviations, the hotel may reasonably charge for the additional willingness to perform, unless the hotel is at fault. If the agreed closing times of the events are postponed and the hotel has to accommodate guests in another hotel due to the delayed eviction, the guest bears all the costs incurred for this purpose. Further claims for damages by the hotel remain unaffected.
Ii. Bring your food and drink
The guest is not allowed to bring food and drinks to events. Exceptions require a written agreement with the hotel. In these cases, a contribution is calculated to cover overheads. In the event of an infringement, the hotel shall be entitled to claim a lump sum of damages per participant, in accordance with Part 1 Clause IV, point 6 and 7, for the resulting default which would have been incurred by the hotel for the provision of the service. The hotel accepts no liability for any damage to health caused by the consumption of food and beverages taken with it.
Iii. Technical facilities and connections; government permits
1. Insofar as the hotel procures technical and other facilities from third parties for the guest at the request of the guest, it acts in the name, in power of attorney and on behalf of the guest. The guest is liable for the care-based treatment, the proper operation and the proper return, also of the hotel’s own facilities. It infrees the hotel from all claims of third parties arising from the provision of these facilities.
2. The use of the guest’s own electrical equipment using the hotel’s power grid requires his written consent. Disruptions or damage to the facilities of the hotel arising from the use of these facilities shall be at the expense of the guest, unless the hotel is responsible for them. The hotel may record and calculate the electricity costs resulting from the use on a flat-rate basis.
3. With the consent of the hotel, the guest is entitled to use his own data transmission equipment (e.B. telephone). The hotel may charge a connection fee for this.
4th. If suitable facilities of the hotel remain unused due to the connection of the guest’s own facilities, a default compensation can be calculated.
5. Any disturbances or damage to facilities, technical or other facilities provided by the hotel will be rectified immediately if possible at the expense of the guest.
6. The guest has to obtain necessary official permits, conditions and permits for the event in good time at his own expense, he is responsible for compliance with public regulations and other regulations, compliance with the regulations of noise protection, the protection of minors, etc. as well as the payment of fees for the public use of music (e.B.g. AKM, GEMA). The guest will insure the hotel for any use in connection with this number 6.
Iv. Loss or damage to personal items
1. At the risk of the guest, the exhibition or other items, which are also personal, are located in the event rooms or in the hotel. The hotel assumes no liability for loss, loss or damage, even for financial damage, except in the case of gross negligence or intent of the hotel in the fulfilment of contractual obligations. In addition, all cases in which custody is a typical contractual obligation due to the circumstances of the individual case are excluded from this indemnification. Apart from the cases referred to in the third sentence, a custody agreement requires an express agreement.
2. Decorations brought the fire protection technical requirements to meet. The hotel may request appropriate official proof. If such proof is not provided, the hotel is entitled to remove already introduced decoration material at the expense of the guest or to prohibit the installation. Due to possible damage, the installation and installation of decoration material must be coordinated with the hotel in advance.
3. Exhibits and other items must be removed immediately after the end of the event. If the guest fails to do so, the hotel may carry out the removal and storage at the expense of the guest. If the items remain in the event room, the hotel may charge a reasonable compensation for use for the duration of the stay. The guest is free to prove that the claim made by the hotel has not arisen or has not arisen to the required amount.
4th. Other items left behind by the event participants will only be sent at the request, risk and expense of the participant concerned. The hotel keeps the items for 3 months; after that, if there is a recognizable value, the items are handed over to the local lost property office. The costs of custody shall be borne by the guest. If there is no discernible value, the hotel reserves the right to destroy at the expense of the guest after the expiry of the period.
5. The hotel is liable for the items of the guest in accordance with Part 1 Clause VII number 2.
6. Packaging material generated in connection with the delivery of the event by the guest or third parties must be disposed of by the guest before or after the event. Should the guest leave packaging material at the hotel, the hotel is entitled to dispose of it at the guest’s expense.
PART 4 PROCESSING OF PERSONAL DATA ON BEHALF OF COMPANIES AS CUSTOMER (DATA PROCESSING CLAUSE)
1. In principle, the hotel is “responsible” for the processing of guests’ personal data within the meaning of the General Data Protection Regulation (GDPR). In the context of the performance of commissioned services, the hotel sometimes also processes personal data as “order processors” for various customers as “responsible persons” (e.B.g. processing of group bookings, seminar events, etc.).
2. The hotel and the customer comply with the applicable data protection regulations and the General Data Protection Regulation (GDPR) in accordance with their role as controller or processor, as shown below.
3. For the purposes of this Part 4 of the Terms and Conditions, data processing refers to all operations carried out with personal data, e.B. collection, recording, organization, structuring, storage, adaptation or modification, retrieval, use, disclosure by transmission, dissemination or other provision, comparison or combination, restriction, deletion or destruction.
4th. For the purpose of using the services of the hotel, in particular for the fulfilment and management of reservation requests, administration of the customer stay, fulfillment of communication requests, complaint management, fulfilment of legal obligations, the following categories of data may be processed by the hotel or the customer for the fulfilment of the contract:
a) Data of the guest (e.B. civil status data, marital status data)
b) Booking information (e.B. travel dates, room information, individual behaviour on the stay, car data, information about accompanying persons)
c) Payment information (e.B. billing details, credit card information)
d) Online data (e.B. IP addresses, information terminals, session IDs)
5. For data processing in the event of the execution of services by the hotel on behalf of a customer, the parties acknowledge that the customer is responsible for the data processing, while the hotel is the processor of these data and process this data in accordance with the instructions of the controller contained in these terms and conditions:
6. The customer is the controller of the processed personal data of guests who have been transmitted to the hotel as processor for the purpose of carrying out the booking and managing the guest stay within the scope of the commissioned service.
7. The hotel is obliged in its capacity as processor:
a) to process the personal data of the mediated guests of the customer only on documented instructions of the controller, whereby these terms and conditions are sufficient as an instruction for this. Processing of the data for its own purposes is prohibited in principle. The customer shall, if necessary, inform the processor of the transfer of personal data to a third country, unless this is not required under the law of the European Union or the Member State to which the processor is subject; in such a case, the processor shall inform the controller before processing, unless this right prohibits such information for important reasons of public interest.
(b) ensure that the persons entitled to the processing of personal data have committed themselves to confidentiality or are subject to a corresponding legal obligation of confidentiality;
(c) take all necessary measures to maintain the confidentiality of guests’ personal data and the security of processing (through appropriate technical and organisational measures in accordance with the GDPR);
d) In this context, the hotel is entitled to commission necessary (including supporting) subcontractors for the performance of the contractual services, provided that it is ensured that they comply with the provisions of these terms and conditions. In any event, the processor is not entitled to pass on the contractual services in their entirety to sub-processors. The processor shall inform the controller of any proposed change in relation to the use or replacement of other processors in order to enable the processor to object to such changes. The processor is obliged to conclude the necessary agreements within the meaning of Art 28 sec. 4 GDPR with the sub-processor in writing;
(e) to assist the controller, taking into account the nature of the processing, by appropriate technical and organisational measures, as far as possible, so that the controller can fulfil his obligation to respond accordingly to the exercise of the rights laid down in the GDPR by the data subjects.
f) at the discretion of the controller, delete all personal data of guests that have been made available to the processor by the ordering party (directly or indirectly) or return at the discretion of the controller and delete existing copies, unless the laws of the European Union or the Member States require the storage of personal data;
(g) provide the controller with all the information necessary to demonstrate compliance with the above obligations and to enable and contribute to the conduct of audits by authorities, by the controller or by the controller.
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As of: April 2021