General terms and conditions

1    Scope of  applicability
1.1 These terms and conditions will apply to all contracts for the purchase of gift vouchers or service vouchers (hereinafter referred to as "vouchers") from Seminaris Hotels.
1.2 Separate terms and conditions will apply to the conclusion of hotel accommodation contracts and the rental of event rooms.
1.3 Any deviating or supplementary terms and conditions of business of the customer will apply only if and to the extent that they have been expressly confirmed by the hotel in a written form.

2 Definitions
2.1 In the following, the term "consumer" refers to any natural person who enters into a legal transaction for purposes that cannot predominantly be attributed to his commercial or self-employed professional activity.
2.2 On the other hand, the term "entrepreneur" refers to a natural or legal person or an association with legal personality who, when concluding a legal transaction, acts in the exercise of his commercial or self-employed professional activity.
2.3 "Service Vouchers" are vouchers that can be exchanged for one or more services that are already defined or specified or at least indicated in the voucher.
2.4 " Gift Vouchers" are vouchers that show a cash value paid by the acquirer and specified on the voucher, which can be used to pay for a service not yet defined at the time the gift voucher is acquired.

3 Contracting parties
3.1 Contractual partners are the customer and the hotel. The hotel reserves the right to confirm the request for telephone communication in text form (e.g. by email).
3.2 If the person ordering the voucher is not the customer but a third party, the third party is obligated to provide the customer with all relevant information about the hotel, in particular the terms and conditions, the cancellation conditions and the cancellation policy, immediately upon receipt of the voucher.
3.3 If the voucher is sent to the customer as a PDF attachment by email, the customer requires a reader to open and print the voucher. The customer can download a free PDF reader from the internet, for example from get.adobe.com/en/reader/.

4 Right of withdrawal for consumers
4.1 Consumers have a right of withdrawal by law when concluding distance contracts with entrepreneurs against payment, if this right has not been excluded or has already expired.
4.2 When the customer is a "consumer" is explained in paragraph 2.1. The hotel is an entrepreneur in the sense of paragraph 2.2.
4.3 "Distance contracts" are contracts where the parties use exclusively remote means of communication for the contract negotiations and the conclusion of the contract, unless the conclusion of the contract does not take place within the framework of a distribution or service system organized for distance sales.
"Means of distance communication" are all communication tools that can be used to initiate or conclude a contract without the parties to the contract being physically present at the same time, such as letters, catalogs, telephone calls, copies, emails, messages sent via mobile phone service (SMS) as well as broadcasting and telemedia.
4.4 Unless the customer and the hotel have agreed otherwise in an individual case, the right of cancellation does not apply in particular in the case of
- Contracts for the delivery of goods that are not pre-produced and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer,
- contracts for the provision of services in the areas of accommodation for purposes other than residential purposes, transport of goods, motor vehicle rental, delivery of food and beverages, as well as for the provision of other services in connection with leisure activities, if the contract provides for a specific date or period for the provision, although the right of withdrawal is not excluded in the case of contracts for travel services pursuant to § 651a, which have been concluded outside business premises, unless the oral negotiations on which the conclusion of the contract is based have been conducted at the prior request of the consumer.
4.5 Unless the customer and the hotel have agreed otherwise in individual cases, the consumer's right of revocation will expire prematurely in the case of contracts for the delivery of digital content not on a physical data carrier if the entrepreneur has commenced performance of the contract after the consumer has expressly consented to the entrepreneur commencing performance of the contract before the expiry of the revocation period and has confirmed his knowledge that his consent will cause him to lose his right of revocation upon commencement of performance of the contract.

Withdrawal policy
The customer has the right to revoke this contract within fourteen days without giving any reason. The revocation period is fourteen days
A From the day of the conclusion of the contract, if the customer as a consumer purchase a digital content from the entrepreneur, which is not delivered to you on a physical medium (i.e. download).
B In other cases, from the day on which the customer or a third party designated by the customer who is not the carrier has or has taken possession of the goods.

To exercise a revocation, the customer has to send us,
Seminaris Hotel- und Kongressstätten Betriebsgesellschaft m.b.H.
Takustraße 39
14195 Berlin

T: +49 30 557 797 0
E: info@seminaris.com

an explicit statement (i.e. a letter sent by mail or email) about the termination of this contract (notice of revocation). For this purpose, the customer can use the attached model withdrawal form, which is not mandatory, however. To comply with the cancellation period, it is sufficient that the customer sends the notice of cancellation before the end of the cancellation period.

Consequences of revocation
shall be borne by the customer.
The customer shall be liable for any loss in value of the goods only to the extent that such loss in value is due to handling of the goods which is not necessary for the examination of the quality, characteristics and functioning of the goods.

Sample withdrawal form
(If the customer wants to revoke the contract, then this can be a template)

To
Seminaris Hotel- und Kongressstätten Betriebsgesellschaft m.b.H.
Takustraße 39
14195 Berlin

T: +49 30 557 797 0
E: info@seminaris.com

I hereby revoke the contract I have concluded for the purchase of the following goods/provision of the following service

Ordered on/received on
Name of the consumer
Address of the consumer
Signature of the consumer (only in case of paper communication)

Date


5 Voucher conditions
5.1 Gift vouchers can be redeemed at all hotels of the Seminaris Hotel Group in Germany. When making a booking or reservation, the customer will be asked to state that he/she wishes to redeem a gift voucher with the booking or reservation, including the amount of the voucher and the voucher number. The voucher amount will be deducted onsite at the hotel, not at the time of booking.
5.2 Service vouchers can be redeemed throughout the year subject to availability. Customers must inquire directly with the participating hotel of their choice about accommodation capacity for the desired period before booking. Once the voucher has been redeemed, the details can only be changed after consultation with the hotel. To make changes to a hotel booked online, the customer should contact Seminaris Hotels (contact form on seminaris.de, email: info@seminaris.com).
5.3 Before redeeming the voucher, the customer has to contact the hotel to inquire about capacity and to make the necessary arrangements (e.g. reservation of catering).
5.4 Vouchers cannot be changed; this does not affect the validity of binding legal provisions such as guarantees and revocations (paragraph 7). Payment or offsetting of service vouchers against other services is not possible. Vouchers with cash value and open credit balances are not paid out in cash.

6 Services, Prices, Terms of Payment
6.1 The prices are total prices and include the taxes and other price components applicable at the time of the conclusion of the contract, insofar as these are incurred.
6.2 The prices do not include shipping costs, unless there is an express obligation in the order process or in other correspondence (written or electronic) with the customer.
6.3 Unless otherwise agreed for the individual payment methods, payment claims relating to the concluded contract are to be settled immediately.
6.4 In case of delivery of the voucher by cash on delivery, the courier company will charge the customer an additional fee, the amount of which will be indicated on the website at the time of the order, including any taxes (e.g. VAT). This delivery fee cannot be charged by the contracting party.

7 Terms of delivery , transfer of risk
7.1 If nothing else has been agreed in the individual case, the voucher will be delivered by mail within 3-5 days after receipt of the order confirmation by the customer (depending on the delivery company).
7.2 If the customer orders a voucher as a consumer (paragraph 2.1) and the hotel delivers it to the address specified by the customer, the risk of accidental loss or accidental damage to the voucher during transport shall pass to the customer or the person designated by the customer to receive the voucher, regardless of whether the transport is "insured" or "uninsured". This also applies if the customer does not or cannot accept the voucher. The above provisions on the transfer of risk shall not apply if the customer independently appoints a transport company or authorizes a person other than the person appointed by the hotel to deliver the goods. If the customer orders as an entrepreneur (paragraph 2.2), the delivery of the voucher is at the customer's own risk.

8 Information of the customer for the creation and design of the voucher
8.1 If information from the customer is required for the processing of personal vouchers, the customer is obligated to provide this information to the hotel in a timely manner.
8.2 The hotel assumes no liability for the accuracy and completeness of the data, texts, images or other content or information provided by the customer. It is therefore the customer's responsibility to personally verify the accuracy and completeness of any content or information before submitting it.
8.3 The customer may not transmit to the contracting party any content that violates the rights of third parties, such as rights to names, copyrights and trademarks, or content that violates applicable law. In the event of an infringement, the customer will indemnify the hotel against all claims of third parties. This also includes the costs of legal defense (including court and attorney's fees, if required by law).

9 Warranty, validity, transferability, liability
9.1 The statutory warranty provisions shall apply. The hotel's liability shall be governed by the statutory provisions.
9.2 The redemption of vouchers is subject to the limitation period of the German Civil Code (generally three years from the end of the calendar year in which the voucher was purchased), unless in individual cases a different limitation period has been effectively agreed with the guest (at least in text form).
9.3 The vouchers are not issued to specific persons and can be redeemed by anyone. If the customer or the owner of the voucher (i.e. the person who received the voucher) cannot redeem the voucher for reasons for which the hotel is not responsible, it is the responsibility of the customer or the owner to redeem the voucher otherwise (i.e. by transferring the voucher to another person) in due time before the expiration of the validity period. The guest has no right to withdraw from the contract without a valid reason (i.e. revocation according to paragraph 5).

10 The resale of vouchers by customers for commercial purposes is strictly prohibited, unless there is a written agreement in individual cases

11 Choice of law, place of jurisdiction, supplements, notice on consumer dispute resolution
11.1 The legal relationship between the customer and the contracting party is governed exclusively by the laws of the Federal Republic of Germany, to the exclusion of the UN Convention on Contracts for the International Sale of Goods. In the case of consumers ( paragraph 2.1), sentence 1 applies only insofar as the protection granted is not affected by mandatory provisions of the law of the state in which the consumer has his habitual residence.
11.2 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 relating to checks and bills of exchange, shall be the place of business in Berlin. The same applies if the customer has no general place of jurisdiction in the Federal Republic of Germany or if the customer's place of residence or habitual abode is unknown at the time the action is brought. The mandatory statutory provisions on the jurisdiction of the courts shall remain unchanged.
11.3 Amendments and supplements to the contract, acceptance of the application or amendments and supplements to these General Terms and Conditions require the written form (i.e. email is sufficient). Any amendments or supplements made unilaterally by the customer shall be invalid.