Terms and conditions

Please read these General Terms and Conditions & Consumer Information for the Purchase of Hotel Vouchers carefully and save a copy for your records.
 

1. 1. Scope of application
      1. These General Terms and Conditions (GTC) apply to all contracts for the purchase of cash value vouchers or service-specific vouchers (hereinafter jointly referred to as "vouchers") of H-Hotels GmbH, Braunser Weg 12, D-34454 Bad Arolsen (hereinafter referred to as "H-Hotels GmbH"). These GTC apply to all purchases made directly or indirectly via the website https://gutscheine.h-hotels.com, by e-mail or by telephone, irrespective of the end device (e.g. PC, cell phone) used for the purchase.
      2. Separate terms and conditions apply to the conclusion of hotel accommodation contracts and the rental of event rooms.
      3. Deviating or supplementary terms and conditions of the customer shall only apply if and insofar as they have been expressly confirmed in writing by H-Hotels GmbH.
   2. Definitions
      1. "Consumer" also means all natural persons who enter into legal transactions for purposes that are predominantly outside their trade, business or profession.
      2. In contrast, an "entrepreneur" is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.
      3. "Service-linked vouchers" are vouchers that can be exchanged for the service(s) already named or specified or at least determinable in the voucher.
      4. "Monetary value vouchers" are vouchers that securitize the monetary value paid by the purchaser and stated in the voucher and with which a service not yet determined at the time of purchase of the monetary value voucher can be paid for.
      5. "Distance contracts" are contracts in which both parties use exclusively means of distance communication for the contract negotiations and the conclusion of the contract, unless the contract is not concluded within the framework of a distribution or service system organized for distance selling.
      6. "Means of distance communication" are all means of communication that can be used to initiate or conclude a contract without the contracting parties being physically present at the same time, such as letters, catalogs, telephone calls, faxes, e-mails, messages sent via mobile phone service (SMS) as well as broadcasting and telemedia.
   3. Contractual partner
      1. The contractual partners are the customer and H-Hotels GmbH. H-Hotels GmbH reserves the right to confirm a telephone inquiry in text form (e.g. by e-mail).
      2. If it is not the customer himself but a third party who has ordered the voucher, the third party is obliged to forward all relevant information from H-Hotels GmbH, in particular the General Terms and Conditions, the cancellation policy and the sample cancellation form, to the customer immediately upon receipt.
      3. If the voucher is sent to the customer as a file attachment to an e-mail in PDF format, the customer will need a reader to open and print the voucher.
   4. Right of withdrawal for consumers
      1. Consumers are entitled by law to a right of withdrawal when concluding distance selling contracts against payment with entrepreneurs if this is not excluded or has already expired.
      2. Unless the customer and H-Hotels GmbH have agreed otherwise in individual cases, the right of withdrawal does not apply in particular to
         • Contracts for the supply of goods which are not prefabricated and for the manufacture 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, transportation of goods, vehicle rental, delivery of food and beverages and the provision of other services in connection with leisure activities, if the contract provides for a specific date or period for the provision, whereby the right of withdrawal is not excluded for contracts for travel services pursuant to Section 651a that have been 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.
      3. Unless the customer and H-Hotels GmbH have agreed otherwise in individual cases, the consumer's right of revocation expires prematurely in the case of contracts for the delivery of digital content not on a physical data carrier if the entrepreneur has begun to execute the contract after the consumer has expressly agreed that the entrepreneur will begin to execute the contract before the expiry of the revocation period and has confirmed his knowledge that he loses his right of revocation by his consent with the beginning of the execution of the contract.
   5. Cancellation policy
      1. You have the right to withdraw from this contract within a period of fourteen (14) days without giving any reason
         • from the day the contract is concluded if you as a consumer purchase digital content from the trader that is not delivered to you on a physical data carrier (e.g. download).
         •  in other cases, from the day on which you or a third party named by you, who is not the carrier, took possession of the goods.
      2. To exercise the right to cancel, you must inform H-Hotels GmbH, Braunser Weg 12, 34454 Bad Arolsen, Deutschland, Telefax: +49 (0)5691878-444, Telefon: +49 (0)5691 8780, E-Mail: [email protected] of your decision to cancel this contract (cancellation notice) by a clear statement (e.g. a letter sent by post, fax or e-mail). You can use the attached sample withdrawal form, but this is not mandatory. 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.
   6. Consequences of revocation
      1. If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of 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 14 days from the day on which we are informed about your decision to withdraw from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this repayment.
      2. We may refuse to refund you until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earliest.
      3. You must return or hand over the goods to us immediately and in any case within fourteen days at the latest from the day on which you inform us of the revocation of this contract. The deadline is met if you send the goods before the period of fourteen days has expired.
      4. You bear the direct costs of returning the goods.
      5. You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking their condition, properties and functionality.
   7. Voucher conditions
      1. Cash value vouchers can be redeemed at all hotels in the H-Hotels group of companies (e.g. HYPERION, H4 Hotels, H2 Hotels, H+ Hotels, H.omes and H.ostels) in Germany, Austria, France and Switzerland. The following hotels are excluded from redemption: H2 Hotel Budapest, H+ Hotel Ried, H+ Hotel Ferienpark Usedom, H+ Hotel Erfurt, H+ Hotel Bochum and the H+ Hotel 4Youth Berlin. Cash value vouchers can be redeemed directly in the participating hotels or by telephone via the reservation.
      2. The service voucher can be redeemed all year round, subject to availability, with the exception of trade fair periods at the hotel locations and public holidays applicable to the participating hotel (such as Christmas and New Year's holidays). The customer is requested to contact the participating hotel of his/her choice in good time before making a reservation to find out directly about the capacities for hotel accommodation in the period he/she has advised. A change of date after redemption of the voucher can only be made in consultation with the hotel. For changes regarding a hotel booked online, please contact H-Hotels GmbH [contact form at www.h-hotels.com, telephone: 00800 87 333 737, e-mail: [email protected]).
      3. The customer is requested to contact H-Hotels GmbH in good time before redeeming a service-based voucher in order to check capacities and to make any necessary appointments (e.g. table reservations, appointments for treatments) .
      4. Vouchers cannot be exchanged; this does not affect the assertion of mandatory statutory provisions such as warranty and revocation (Section V). Cash payment or offsetting of vouchers linked to services against other services is not possible. Cash value vouchers and remaining credit balances will not be paid out to the customer in cash.
   8. Services, prices, terms of payment
      1. The prices are total prices and include the taxes and other price components applicable at the time the contract is concluded, if any.
      2. Shipping costs are not included in the prices, unless delivery free of shipping costs is expressly promised in the order process or in other (written or electronic) communication with the customer.
      3. Unless otherwise agreed for the individual payment options, the payment claims arising from the concluded contract are due for payment immediately.
      4. If the voucher is delivered cash on delivery, the parcel service charges the customer an additional delivery fee, the amount of which is shown on the website during the ordering process, including any applicable taxes (such as VAT). This delivery fee cannot be charged by the contractual partner.
   9. Terms of delivery, transfer of risk
      1. If the customer orders as a consumer a voucher that is delivered by H-Hotels GmbH to the address specified by the customer, the risk of accidental loss or accidental deterioration of the voucher during transportation is transferred to the customer or to a person commissioned by the customer to accept the voucher, regardless of whether the shipment is "insured" or "uninsured". This also applies if the customer is in default of acceptance of the voucher. The above provisions on the transfer of risk do not apply if the customer has independently commissioned a transport company not named by H-Hotels GmbH or a person not named by H-Hotels GmbH to carry out the delivery. If the customer orders as an entrepreneur, the delivery of the voucher is at his own risk.
   10. Customer information on the creation and design of the voucher
       1. If information from the customer is required for the individual design of the voucher, the customer shall provide H-Hotels GmbH with the appropriate information in good time.
       2. H-Hotels GmbH does not check the data, texts, images and other content or information transmitted by the customer for accuracy and completeness. The customer is therefore required to check the transmitted content or information for accuracy and completeness before sending it.
       3. The customer shall not transmit any content to the contractual partner that violates the rights of third parties, such as name, copyright and trademark rights, or violates existing laws. In the event of an infringement, the customer hereby indemnifies H-Hotels GmbH against any claims asserted by third parties in this connection. This includes the assumption of the costs of legal defense (including court and lawyer's fees in the statutory amount).
   11. Warranty, validity, transferability, liability
       1. The statutory warranty provisions apply. The liability of H-Hotels GmbH is governed by the statutory provisions.
       2. In principle, the statutory limitation periods of the German Civil Code (BGB) apply to the redemption of vouchers (generally three years, starting from the end of the calendar year in which the voucher was purchased), unless a different limitation period has been effectively agreed with the customer in individual cases (at least in text form).
       3. The vouchers are not personal and can be redeemed by any person. If the customer or owner of the voucher (e.g. the recipient) is unable to redeem the voucher for reasons for which H-Hotels GmbH is not responsible, it is the responsibility of the customer or owner to use the voucher for another purpose in good time before the limitation period expires (e.g. by passing it on to another person). It is not possible for the customer to withdraw from the contract without the existence of a legal reason for rescission (e.g. revocation in accordance with Section V).
       4. The resale of H-Hotels GmbH vouchers for commercial or business purposes is not permitted. The vouchers are provided exclusively for private use by the customer. The commercial sale of vouchers is reserved exclusively for H-Hotels GmbH, unless a written agreement with H-Hotels GmbH permits a different arrangement.
       5. In particular, the buyer is prohibited from
          • to offer or sell vouchers at public auctions (e.g. on Internet platforms such as eBay) or via sales platforms not authorized by H-Hotels GmbH,
          • to pass on vouchers at a price that exceeds the original purchase price,
          • to pass on vouchers to commercial resellers or intermediaries,
          • Use vouchers for commercial purposes, including but not limited to promotions, marketing, as a bonus, giveaway, competition prize or as part of a hospitality or travel package, without the prior written consent of H-Hotels GmbH.
       6. The private transfer of a voucher for non-commercial reasons is permitted, provided that none of the violations listed in Section XI 5 apply.
       7. In the event of violations of the provisions in Section XI 5. or other unauthorized transfers, H-Hotels GmbH reserves the right to cancel the vouchers concerned and to refuse the use of the voucher without compensation.
   12. Choice of law, place of jurisdiction, supplements, reference to consumer dispute resolution
       1. The legal relationship between the customer and the contractual partner shall be governed exclusively by the law of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods. Sentence 1 shall only apply to a consumer to the extent that the choice of law does not undermine the protection of mandatory legal provisions of the state in which he has his 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 relating to checks and bills of exchange - shall be, at the discretion of H-Hotels GmbH, the place of business in Bad Arolsen. The same applies if the customer does not have a general place of jurisdiction in the Federal Republic of Germany or if his place of residence or habitual abode is unknown at the time the action is filed. Mandatory statutory provisions on the place of jurisdiction remain unaffected by this.
       3. Amendments and additions to the contract, the acceptance of the application or these GTC must be made in text form (e.g. e-mail is sufficient). Unilateral amendments or additions by the customer are invalid.