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GTCs Soloplan City Resort

GENERAL TERMS AND CONDITIONS FOR TRAVEL AGENCIES (SINGLE TRAVELLERS AND TRAVEL GROUPS).

1 SCOPE AND DEFINITIONS°
2 CONCLUSION OF CONTRACT AND LIMITATION PERIOD°
3 RIGHTS AND OBLIGATIONS OF THE TRAVEL AGENCY°
4 RIGHTS AND OBLIGATIONS OF THE HOTEL°
5 PRICES, PAYMENT, OFFSETTING°
6 WITHDRAWAL OF THE TRAVEL AGENCY (REVOCATION, CANCELLATION)/NON-UTILISATION OF THE SERVICE OF THE HOTEL (NO SHOW)°
7 WITHDRAWAL OF THE HOTEL
8 LIABILITY OF THE HOTEL°
9 FINAL PROVISIONS 

SHORT VERSION OF THE GTCS FOR TRAVEL AGENCIES (GTCAs) (SINGLE TRAVELLERS AND TRAVEL GROUPS) 

1 SCOPE AND DEFINITIONS 

1.1 These terms and conditions apply to all contracts concluded between the hotel and a travel agency regarding hotel services for single travellers and/or travel groups (hotel agreement). They do not apply to the booking of rooms or room contingents for events such as conferences, seminars, or similar events. 

1.2 The term “hotel agreement” includes or replaces the following terms: reservation agreement, contingent agreement, hosting agreement, guest accommodation contract, hotel contract and hotel-room agreement. 

1.3 Hotel services are all services agreed upon between the travel agency and the hotel and to be performed by the hotel, such as hotel rooms, meal arrangements and other offers. 

1.4 The customers of the travel agency, for whom the hotel services are booked, are in the following referred to as “single travellers” or “travel groups” (or, collectively, as “guests”). A travel group is made up of at least 15 people who are uniformly organised for a common travel purpose and, in general, arrive and depart on the same days. 

1.5 The general terms and conditions of the travel agency only apply if this has been expressly agreed upon beforehand. 

2 CONCLUSION OF CONTRACT AND LIMITATION PERIOD 

2.1 The contract is concluded with the hotel’s acceptance of the travel agency’s application. The hotel may confirm the booking in text form.

2.2 All claims against the hotel generally become statute-barred a year from the legal start of the limitation period. This does not apply in the case of claims to damages and other claims, provided that the latter are based on an intentional or grossly negligent breach of duty by the hotel. 

3 RIGHTS AND OBLIGATIONS OF THE TRAVEL AGENCY 

3.1 The travel agency is obligated to inform the hotel of their booking status as soon as possible or upon demand. However, the hotel is to be informed of the booking status no later than 30 days prior to the day of arrival. Simultaneously, the hotel is to be provided with all of the required information regarding the hotel services in accordance with section 1.3. 

3.2 For the hotel services in accordance with section 1.3 and the additional services made use of by the travel agency, the travel agency is obligated to pay the agreed prices or, if nothing has been agreed, the quoted/usual prices of the hotel. This also applies to services ordered by the travel agency–directly or via the hotel–that are carried out by third parties and disbursed by the hotel. 

3.3 The guests are only entitled to the hotel services in accordance with section 1.3. The travel agency is obligated to inform their guests of these services and to obligate them to provide an appropriate security deposit upon request of the hotel, e.g. by means of a credit-card guarantee deposit, for the possible use of services exceeding these. This also applies to guests in possession of a voucher/gift certificate. If, in spite of a corresponding request made by the hotel,

the guest does not provide a security deposit or pay, these used services are to be paid for by the travel agency. 

3.4 The travel agency must inform their guests of all circumstances and conditions relevant for the stay, particularly of the regulation regarding the liability of the hotel in accordance with section 8. 

3.5 For all questions connected to the supervision of the travel group of the travel agency, the travel agency will name a contact person for the hotel upon request of the hotel. This contact person shall represent the travel group.

4 RIGHTS AND OBLIGATIONS OF THE HOTEL 

4.1 Upon conclusion of a contract, the hotel is entitled to request an appropriate advance payment or security deposit, e.g. in form of a credit-card guarantee, from the travel agency. The amount of the advance payment and the payment dates can be agreed upon in the contract in text form. The hotel must confirm the receipt of an advance payment or a security deposit. 

4.2 In justified cases, such as outstanding payment of the travel agency or the extension of the scope of the contract, the hotel is entitled to request an advance payment or a security deposit in the sense of the above section 4.1 or an increase of the advance payment or security deposit agreed upon in the contract up to the full agreed remuneration. This may take place even after conclusion of the contract, up to the begin of the stay. 

4.3 The hotel is not entitled to unilaterally make changes to the agreed hotel services. Changes are only valid with the consent of the travel agency. 

4.4 The travel agency does not obtain a claim to the provision of certain rooms, provided that this has not been expressly agreed. 

4.5 Booked rooms are available for the travel agency from 15:00 on the agreed day of arrival. The travel agency does not have any claim to an earlier provision. 

4.6 The rooms are to be cleared and provided to the hotel by no later than 11:00 on the agreed day of departure. After that time, due to the late vacating of the room, the hotel can charge 50% of the full accommodation price (list price) until 16:00 for the contract-exceeding use of the room, and 90% from 16:00. This does not constitute contractual claims of the travel agency. The travel agency is free to prove that a significantly lower claim to a usage fee or no such claim at all has been incurred for the hotel. 

5 PRICES, PAYMENT, OFFSETTING 

5.1 The agreed prices include the taxes and local charges applicable at the time of the conclusion of contract, provided that prices excluding value added tax have not been expressly agreed upon. Local charges arising for the hotel guest themselves due to the respective municipal law, such as the visitor’s tax, are not included. If the statutory value added tax is changed or local charges on the object of service are newly introduced, changed or abolished after conclusion of the contract, the prices are adjusted correspondingly. 

5.2 The agreed prices apply solely in connection with additional services offered to the end customer bundled in a service package. They may not be offered to the end customer or third parties as individual prices for single overnight stays (non-packages) in distribution channels (especially online). The travel agency is obligated to subject all of their additional partners and intermediaries to this clause as well. 

5.3 Invoices of the hotel without a due date are payable within ten days from receipt of the invoice, without deduction. The hotel can request the immediate payment of due claims from the travel agency at any time. In the case of default of payment, the legal regulations apply. The hotel reserves the right to prove higher damages. 

5.4 The travel agency can only offset or compensate against a claim of the hotel with an undisputable or legally binding claim. 

5.5 Agreements regarding the possible payment of the commission are to be made either in the hotel agreement or in an agreement to be concluded simultaneously. If more than one travel agency is responsible for the same booking, the hotel only needs to pay the commission once. 

6 WITHDRAWAL OF THE TRAVEL AGENCY (REVOCATION, CANCELLATION)/NON-UTILISATION OF THE SERVICE OF THE HOTEL (NO SHOW) 

6.1 For single travellers:

6.1.1 The travel agency can only withdraw from the contract concluded with the hotel if the right of withdrawal has been expressly agreed upon in the contract, if a different statutory right of withdrawal exists or if the hotel expressly agrees to the cancellation of the contract. The agreement of a right of withdrawal and any possible agreement to a cancellation of contract shall be made in text form, respectively. 

6.1.2 Provided that a date for the free withdrawal from the contract has been agreed upon between the hotel and the travel agency, the travel agency can withdraw from the contract until that date without incurring claims to payment or damages by the hotel. The travel agency’s right of withdrawal expires if they do not exercise their right of withdrawal towards the hotel until the agreed date. 

6.1.3 If a right of withdrawal has not been agreed upon or has already expired, and there is no statutory right of withdrawal or termination and the hotel does not agree to the cancellation of the contract, the hotel retains the claim to the agreed remuneration in spite of the non-utilisation of the service. The hotel is to take into account the income from renting the rooms to other parties and the saved expenses. If the rooms are not rented to other parties, the hotel can calculate the deduction for saved expenses as a lump sum. In this case, the travel agency is obligated to pay at least 90% of the contractually agreed price for overnight stays with or without breakfast and for package arrangements with external services, 70% for half-board and 60% for full-board arrangements. The travel agency is free to prove that the abovementioned claim did not arise or did not arise in the claimed amount. 

6.2 For travel groups: 6.2.1 Provided that no differing right of withdrawal has been expressly agreed upon in the contract, no other statutory right of withdrawal exists or the hotel does not expressly agree to the cancellation of the contract, withdrawal is only possible subject to the following conditions. The agreement of a differing right of withdrawal and any agreement to the cancellation of a contract shall be made in text form, respectively. 

6.2.2 The travel agency is entitled to withdraw from the contract for travel groups in accordance with section 1.4: 

– from 100% of the agreed total volume (up to 90 days prior to the arrival),°
– from 50% of the agreed total volume (up to 60 days prior to the arrival),°
– from 25% of the agreed total volume (up to 30 days prior to the arrival). 6.2.3 The right of withdrawal can only be exercised once. The day of arrival is not taken into account during the calculation of the deadline. 

6.2.4 The travel agency’s right of withdrawal expires if they do not exercise it by the agreed date. 

6.2.5 If a right of withdrawal has not been agreed upon or has already expired, the withdrawal takes place at a later time or in a scope greater than the contractually permitted scope, there is no statutory right of withdrawal or termination and the hotel does not agree to the cancellation of the contract, the hotel retains the claim to the agreed remuneration in spite of the non-utilisation of the service. The hotel is to take into account the income from renting the rooms to other parties and the saved expenses. If the rooms are not rented to other parties, the hotel can calculate the deduction for saved expenses as a lump sum. In this case, the travel agency is obligated to pay at least 90% of the contractually agreed price for overnight stays with or without breakfast and for package arrangements with external services, 70% for half-board and 60% for full-board arrangements. The travel agency is free to prove that the abovementioned claim did not arise or did not arise in the claimed amount. 

7 WITHDRAWAL OF THE HOTEL 

7.1 For single travellers: 7.1.1 If it has been agreed that the travel agency can withdraw from the contract in part or completely, free of charge, within a certain period, the hotel is entitled for its part to withdraw from the contract within the same scope within this period if third parties have made requests for the contractually booked rooms and insofar as the travel agency does not waive their right of withdrawal upon request of the hotel, with an appropriate deadline set. 

7.1.2 If an advance payment or security deposit agreed upon or requested in accordance with section 4.1 and/or section 4.2 is not made even after the expiry of an appropriate final extension to the deadline set by the hotel, the hotel is also entitled to withdraw from the contract. 

7.1.3 Moreover, the hotel is entitled to extraordinarily withdraw from the contract for an objectively justified reason, particularly if 

– force majeure or other circumstances that cannot be attributed to the hotel make the fulfilment of the contract impossible; 

– rooms or spaces are booked culpably with misleading or incorrect information or withholding essential facts (essential facts can be the identity of the travel agency or the guest, the ability to meet financial obligations or the purpose of the stay); 

– the hotel has reasonable grounds to believe that the use of the service can jeopardise the smooth business operation, the security or the reputation of the hotel in the public eye without this being attributable to the hotel’s sphere of control or organisation; 

– the purpose or the occasion of the stay is unlawful. 7.1.4 The justified withdrawal of the hotel does not constitute a claim for damages on the part of the travel agency. 

7.2 For travel groups: 7.2.1 If it has been agreed in the contract that the travel agency can withdraw from the contract in part or completely, free of charge, within a certain period, the hotel is entitled for its part to withdraw from the contract within the same scope within this period if third parties have made requests for the contractually booked rooms and insofar as the travel agency does not waive their right of withdrawal upon request of the hotel, with an appropriate deadline set. 

7.2.2 Within the periods named in section 6.2.2, the hotel is also entitled to partially withdraw from the contract, free of charge, within the same scope as the travel agency–if the travel agency does not waive their right of withdrawal here either. 

7.2.3 If an advance payment or security deposit agreed upon or requested in accordance with section 4.1 and/or section 4.2 is not made even after the expiry of an appropriate final extension to the deadline set by the hotel, the hotel is also entitled to withdraw from the contract. 

7.2.4 If the contractual duty of information regarding the booking status as set out in section 3.1, sentence 2 is not fulfilled or is not fulfilled in due time, the hotel is also entitled to withdraw. The hotel is, moreover, entitled to withdraw if the number of guests booked as a travel group is reduced to less than 15 (loss of the group status in accordance with section 1.4). 

7.2.5 Moreover, the hotel is entitled to extraordinarily withdraw from the contract for an objectively justified reason, particularly if 

– force majeure or other circumstances that cannot be attributed to the hotel make the fulfilment of the contract impossible; 

– rooms or spaces are booked culpably with misleading or incorrect information or withholding essential facts (essential facts can be the identity of the travel agency or the guest, the ability to meet financial obligations or the purpose of the stay); 

– the hotel has reasonable grounds to believe that the use of the service can jeopardise the smooth business operation, the security or the reputation of the hotel in the public eye without this being attributable to the hotel’s sphere of control or organisation; 

– the purpose or the occasion of the stay is unlawful. 7.2.6 The justified withdrawal of the hotel does not constitute a claim for damages on the part of the travel agency.

8 LIABILITY OF THE HOTEL 

8.1 The hotel is liable for damages due to the injury of body, life or health which can be attributed to the hotel. Additionally, the hotel is liable for other damages arising from an intentional or grossly negligent breach of duty by the hotel or from an intentional or negligent breach of contractually typical duties of the hotel. A breach of duty by a legal representative or a vicarious agent is equivalent to a breach of duty by the hotel. Further claims to damages are, if not regulated otherwise in this section 8, excluded. Should there be any disruptions or deficiencies in the services of the hotel, the hotel will endeavour to provide a solution upon knowledge thereof or upon the immediate complaint of the travel agency or the guest. The travel agency or guest is obligated to do their reasonable best to remedy the problem and minimise any possible damage. 

8.2 In accordance with the statutory provisions, the hotel is liable to the guest for items brought to the hotel. The hotel recommends the use of the hotel or room safe. If the guest wishes to bring money, securities and valuables with a value of more than 800 euros or other items with a value of more than 3,500 euros, they need to make a separate storage agreement with the hotel. 

8.3 If the travel agency has been provided with a parking space in the hotel garage or on the hotel parking lot, even for a fee, this does not represent a storage agreement. If motor vehicles parked or shunted on the hotel property and their contents are lost or damaged, the hotel is only liable subject to the conditions set out in the above section 8.1, sentences 1 to 4. 

8.4 Wake-up requests are carried out by the hotel with the greatest care. Messages, mail and goods deliveries for the guests are handled with the greatest care. The hotel takes over the delivery, storage and–upon request and for a fee–the forwarding of these deliveries. In this respect, the hotel is only liable subject to the conditions set out in the above section 8.1, sections 1 to 4. 

9 FINAL PROVISIONS 

9.1 Amendments and additions to the contract, the acceptance of the application or these general terms and conditions are to be made in text form. Unilateral amendments or additions made by the travel agency are invalid. 

9.2 The place of fulfilment and payment as well as the sole place of jurisdiction–also for disputes regarding cheques and bills of exchange–is, in commercial transactions, Soloplan City Resort GmbH, Illerhöhe 2, 87437 Kempten. If a contracting party fulfils the conditions of § 38, no. 2 of the Code of Civil Procedure (ZPO) and does not have a general place of jurisdiction in Germany, the place of jurisdiction is Soloplan City Resort GmbH, Illerhöhe 2, 87437 Kempten.

9.3 German law applies. The application of the UN Convention on Contracts for the International Sale of Goods and the application of conflict of laws is excluded. 

9.4 Should individual provisions of these general terms and conditions be or become invalid or void, the validity of the other provisions remains unaffected. Moreover, the legal regulations apply.

 

GENERAL TERMS AND CONDITIONS FOR THE HOTEL AGREEMENT

1 SCOPE
2 CONCLUSION OF CONTRACT, CONTRACTING PARTIES, LIMITATION PERIOD
3 SERVICES, PRICES, PAYMENT, OFFSETTING 
4 WITHDRAWAL OF THE CUSTOMER (REVOCATION, CANCELLATION)/
NON-UTILISATION OF THE SERVICES OF THE HOTEL (NO SHOW)
5 WITHDRAWAL OF THE HOTEL
6 PROVISION OF ROOM, ROOM HANDOVER AND ROOM RETURN 
7 LIABILITY OF THE HOTEL 
8 FINAL PROVISIONS

1 SCOPE

1.1 These terms and conditions apply to contracts regarding the provision of hotel rooms on a rental basis for the hosting of guests as well as all other services and deliveries provided by the hotel for the customer in this context (hotel agreement). The term “hotel agreement” includes and replaces the following terms: hosting agreement, guest accommodation contract, hotel contract and hotel-room agreement.

1.2 The subletting or reletting of the provided rooms and their use for purposes other than hosting require the prior consent of the hotel in text form, whereby § 540, no. 1, sentence 2 of the German Civil Code (BGB) is waived if the customer is not a consumer in the sense of § 13 of the BGB.

1.3 The general terms and conditions of the customer only apply if this has been expressly agreed upon in text form beforehand.

2 CONCLUSION OF CONTRACT, CONTRACTING PARTIES, LIMITATION PERIOD

2.1 The contracting parties are the hotel and the customer. The contract is concluded with the hotel’s acceptance of the customer’s application. The hotel may confirm the room booking in text form.

2.2 All claims against the hotel generally become statute-barred a year from the legal start of the limitation period. This does not apply in the case of claims to damages and other claims, provided that the latter are based on an intentional or grossly negligent breach of duty by the hotel.

3 SERVICES, PRICES, PAYMENT, OFFSETTING

3.1 The hotel is obligated to have the rooms booked by the customer ready and to perform the agreed services.

3.2 The customer is obligated to pay the agreed or applicable prices of the hotel for the provision of the room and the additional services used by the customer. This also applies to services ordered by the customer–directly or via the hotel–that are carried out by third parties and disbursed by the hotel.

3.3 The agreed prices include the taxes and local charges applicable at the time of the conclusion of contract. Local charges arising for the guest themselves due to the respective municipal law, such as the visitor’s tax, are not included. If the statutory value added tax is changed or local charges on the object of service are newly introduced, changed or abolished after conclusion of the contract, the prices are adjusted correspondingly.

For contracts with consumers, this only applies if the period between the conclusion and fulfilment of the contract exceeds four months.

3.4 The hotel can make their consent to a subsequent reduction of the number of booked rooms, the service of the hotel or the duration of the customer’s stay requested by the customer dependent on an appropriate increase of the price for the rooms and/or the other services of the hotel.

3.5 Invoices of the hotel are due for payment immediately upon receipt, without deduction. If payment by invoice has been agreed upon, the payment–provided that there is no differing agreement–must be made within ten days from the receipt of the invoice, without deduction.

3.6 At the conclusion of a contract, the hotel is entitled to request an appropriate advance payment or security deposit, e.g. in form of a credit-card guarantee, from the customer. The amount of the advance payment and the payment dates can be agreed upon in the contract in text form. In the case of advance payments or security deposits for package trips, the legal requirements remain unaffected. In the case of default of payment by the customer, the legal regulations apply.

3.7 In justified cases, such as outstanding payment of the customer or the extension of the scope of the contract, the hotel is entitled to request an advance payment or a security deposit in the sense of the above section 3.6 or an increase of the advance payment or security deposit agreed upon in the contract up to the full agreed remuneration. This may take place even after conclusion of the contract, up to the begin of the stay.

3.8 Moreover, the hotel is entitled to request an appropriate advance payment or security deposit in the sense of the above section 3.6 from the customer at the beginning of and during their stay for existing and future claims arising from the contract, provided that such a payment has not already been made in accordance with the above section 3.6 and/or 3.7.

3.9 The customer can only offset or compensate against a claim of the hotel with an undisputable or legally binding claim.

3.10 The customer agrees that the invoice can be sent to them by electronic means.

4 WITHDRAWAL OF THE CUSTOMER (REVOCATION/CANCELLATION)/NON-UTILISATION OF THE SERVICES OF THE HOTEL (NO SHOW)

4.1 The customer can only withdraw from the contract concluded with the hotel if the right of withdrawal has been expressly agreed upon in the contract, if a statutory right of withdrawal exists or if the hotel expressly agrees to the cancellation of the contract.

4.2 Provided that a date for the free withdrawal from the contract has been agreed upon between the hotel and the customer, the customer can withdraw from the contract until that date without incurring claims to payment or damages by the hotel.

4.3 If a right of withdrawal has not been agreed upon or has already expired, there is no statutory right of withdrawal or termination and the hotel does not agree to the cancellation of the contract, the hotel retains the claim to the agreed remuneration in spite of the non-utilisation of the service. The hotel is to take into account the income from renting the rooms to other parties and the saved expenses. If the rooms are not rented to other parties, the hotel can calculate the deduction for saved expenses as a lump sum. In this case, the customer is obligated to pay at 90% of the contractually agreed price for overnight stays with or without breakfast and for package arrangements with external services, 70% for half-board and 60% for full-board arrangements. The customer is free to prove that the abovementioned claim did not arise or did not arise in the claimed amount.

5 WITHDRAWAL OF THE HOTEL

5.1 If it has been agreed that the customer can withdraw from the contract free of charge within a certain period, the hotel is entitled for its part to withdraw from the contract within this period if other customers have made requests for the contractually booked rooms and if the customer does not waive their right of withdrawal upon request of the hotel, with an appropriate deadline set. This applies correspondingly to the granting of an option if there are other requests and the customer is not willing to make a firm booking upon request of the hotel, with an appropriate deadline set.

5.2 If an advance payment or security deposit agreed upon or requested in accordance with section 3.6 and/or section 3.7 is not made even after the expiry of an appropriate final extension to the deadline set by the hotel, the hotel is also entitled to withdraw from the contract.

5.3 Moreover, the hotel is entitled to extraordinarily withdraw from the contract for an objectively justified reason, particularly if

– force majeure or other circumstances that cannot be attributed to the hotel make the fulfilment of the contract impossible (pandemic or similar circumstances)

– rooms or spaces are booked culpably with misleading or incorrect information or withholding essential facts (essential facts can be the identity of the customer, the ability to meet financial obligations or the purpose of the stay); the hotel has reasonable grounds to believe that the use of the service can jeopardise the smooth business operation, the security or the reputation of the hotel in the public eye without this being attributable to the hotel’s sphere of control or organisation;

– the purpose or the occasion of the stay is unlawful;
– there is a violation of the above section 1.2.

5.4 The justified withdrawal of the hotel does not constitute a claim for damages on the part of the customer.

6 PROVISION OF ROOM, ROOM HANDOVER AND ROOM RETURN

6.1 The customer does not obtain a claim to the provision of certain rooms, provided that this has not been expressly agreed in text form.

6.2 Booked rooms are available for the customer from 15:00 on the agreed day of arrival. The customer does not have any claim to earlier provision.

6.3 The rooms are to be cleared and provided to the hotel by no later than 11:00 on the agreed day of departure. After that time, due to the late vacating of the room, the hotel can charge 50% of the full accommodation price (list price) for the contract-exceeding use of the room until 16:00, and 90% from 16:00. This does not constitute contractual claims of the customer. The customer is free to prove that a significantly lower claim to a usage fee or no such claim at all has been incurred for the hotel.

7 LIABILITY OF THE HOTEL

7.1 The hotel is liable for damages due to the injury of body, life or health which can be attributed to the hotel. Additionally, the hotel is liable for other damages arising from an intentional or grossly negligent breach of duty by the hotel or from an intentional or negligent breach of contractually typical duties of the hotel. Contractually typical duties are such duties that make the proper execution of the contract possible in the first place and on the fulfilment of which the customer relies and can rely. A breach of duty by a legal representative or a vicarious agent is equivalent to a breach of duty by the hotel. Further claims to damages are, if not regulated otherwise in this section 7, excluded. Should there be any disruptions or deficiencies in the services of the hotel, the hotel will endeavour to provide a solution upon knowledge thereof or upon the immediate complaint of the customer. The customer is obligated to do their reasonable best to remedy the problem and minimise any possible damage.

7.2 The hotel is liable to the customer for items brought to the hotel, in accordance with the statutory provisions. The hotel recommends the use of the hotel or room safe. If the customer wishes to bring money, securities and valuables with a value of more than 800 euros or other items with a value of more than 3,500 euros, they need to make a separate storage agreement with the hotel.

7.3 If the customer has been provided with a parking space in the hotel garage or on the hotel parking lot, even for a fee, this does not represent a storage agreement. If motor vehicles parked or shunted on the hotel property and their contents are lost or damaged, the hotel is only liable subject to the conditions set out in the above section 7.1, sentences 1 to 4.

7.4 Wake-up requests are carried out by the hotel with the greatest care.

Messages for the customers are handled with the greatest care. After prior coordination with the customer, the hotel can take over the acceptance, storage and–upon request and for a fee–the forwarding of mail and consignments of goods. In this respect, the hotel is only liable subject to the conditions set out in the above section 7.1, sections 1 to 4.

8 FINAL PROVISIONS

8.1 Amendments and additions to the contract, the acceptance of the application or these general terms and conditions are to be made in text form. Unilateral amendments or additions are invalid.

8.2 The place of fulfilment and payment as well as the sole place of jurisdiction–also for disputes regarding cheques and bills of exchange–is, in commercial transactions with the customer, the location of Soloplan City Resort GmbH. If the customer fulfils the condition of § 38, no. 2 of the ZPO and does not have a general place of jurisdiction in Germany, the place of jurisdiction is the location of Soloplan City Resort GmbH.

8.3 German law applies. The application of the UN Convention on Contracts for the International Sale of Goods is excluded.

8.4 In accordance with the legal obligation, the hotel indicates that the European Union has established an online platform for the resolution of consumer-law disputes without the involvement of a court (“ODR platform”): ec.europa.eu/consumers/odr/

However, the hotel does not take part in dispute settlement procedures before consumer arbitration bodies.

Or, optionally, insert:

The hotel undertakes to take part. Additional note on the ODR platform, see art. 14, section 2 of the Online Dispute Resolution (ODR) regulation.

 PARKING CONDITIONS FOR PARKING GARAGES AND HOTEL PARKING SPACES (GTCPs)

1 RENTAL AGREEMENT
2 TERMS OF USE°
3 SAFETY AND REGULATORY REGULATIONS°
4 FEE/DURATION OF PARKING°
5 LIABILITY OF THE HOTEL°
6 LIABILITY OF THE RENTER°
7 LIEN/RIGHT OF RETENTION/DISPOSAL 

1 RENTAL AGREEMENT 

1.1 With the acceptance of the parking ticket and/or by driving into the garage or onto the hotel parking lot (in the following: “parking area”), a rental agreement is concluded between the hotel and the renter for the parking duration desired by the renter, within the opening hours and in accordance with these parking conditions. 

1.2 Neither surveillance nor safekeeping are the object of this contract. The hotel does not assume custody or any special duties of care for the items brought by the renter. 

2 TERMS OF USE 

2.1 The renter is obligated to exercise the care required in traffic. In particular, the special traffic rules and safety regulations posted in the parking area are to be observed. Instructions of the hotel staff that serve the purpose of safety or affect the domiciliary right must always be carried out immediately. Moreover, the provisions of the German (road) traffic regulations (StVO) apply correspondingly. 

2.2 Vehicles may only be parked within the marked parking spaces–however, not on the parking spaces that are reserved for long-term users with signs. The hotel is entitled to take the appropriate measures at the expense of the renter to move incorrectly parked vehicles or have them moved. To that end, the hotel can charge a flat rate; in this case, the renter can prove that the costs did not arise or are significantly lower than the flat rate. 

2.3 The hotel is also entitled to remove the renter’s vehicle from the parking area in the event of imminent danger. 

2.4. It is recommended that every renter always carefully lock their car after leaving it and not leave behind any valuables. 

2.5. The opening hours can be found on the corresponding information notices. 

3 SAFETY AND REGULARORY RULES 

3.1 In the parking area, driving is only allowed at walking speed. 
3.2 In the parking area, the following is not allowed: 

– smoking and using fire;°
– storing fuel, fuel containers and flammable objects;°
– unnecessarily leaving the motor running;
– parking cars with a leaking fuel tank or carburettor;°
– refuelling, repairing, washing, cleaning the interior of vehicles;°
– draining coolant, fuel or oil;°
– distributing advertising material. 

3.3 Staying in the parking area is only available for the purpose of parking, loading and unloading as well as picking up vehicles. 

3.4 The renter must immediately remove contamination caused by them. 

4 FEE/DURATION OF PARKING 

4.1 The height of the parking fee to be paid and the permissible parking duration result from the booking at the hotel. Prices can be requested at the reception. 

4.2 The maximum parking duration is the duration of the stay at the hotel, provided that no special agreement is made in an individual case. 

4.3 After the end of the maximum parking duration, the hotel is entitled to have the vehicle removed from the parking area at the expense of the renter, provided that, prior to that, a written notification of the renter and/or vehicle user with a set deadline of at least two weeks was carried out and has remained without a result, or the value of the vehicle does clearly not exceed the due rent. Up to the removal of the vehicle, the hotel is entitled to remuneration in accordance with the price list. 

4.4 If the renter takes up more than one parking space with their vehicle, the hotel is entitled to change the respective full parking remuneration for the actually used number of parking spaces. 

5 LIABILITY OF THE HOTEL 

5.1 The hotel is only liable for damages that are proven to be due to intentional or grossly negligent actions by the hotel or their vicarious agents. This limited liability does not apply in the case of the injury of life, body or health or in the case of the breach of essential contractual duties. 

5.2 The renter is obligated to immediately inform the hotel of any damages to the renter’s vehicle. 

5.3 The hotel excludes any liability for damages caused by other renters or other third parties. This applies in particular to the damage, destruction or theft of the parked vehicle or moveable/built-in items from the vehicle or objects attached to the vehicle. 

5.4 If the renter is a hotel guest and the hotel takes over the parking or picking up of the vehicle upon request of the renter, this does not constitute a storage agreement or a monitoring obligation, since this is merely a favour the hotel pays the guest. Damages caused to other vehicles or objects in this process are to be regulated via the third-party vehicle insurance of the renter/vehicle owner. Moreover, the hotel and the driver commissioned by the hotel are not liable for damages directly caused to the vehicle of the renter or for any financial disadvantages connected to the regulation of the damages to the other vehicles or objects via the third-party vehicle insurance of the renter/vehicle user (deductibles, premium increases, etc.)–unless the driver commissioned by the hotel has cause the damage intentionally or due to gross negligence. 

6 LIABILITY OF THE RENTER 

6.1 The renter is liable for damages culpably caused to the hotel by the renter themselves or their vicarious agents, their agents or their accompanying persons. The renter is obligated to proactively report such damages to the hotel prior to leaving the parking area. 

6.2 The renter is liable for cleaning costs arising due to contamination of the parking area caused by the renter, in the sense of section 3.2. 

7 LIEN/RIGHT OF RETENTION/DISPOSAL 

7.1 Due to the claims of the hotel from the rental agreement, the hotel has a right of retention and a statutory lien on the parked vehicle of the renter. 

7.2 The hotel is entitled to remove and/or dispose of vehicles or trailers without a registration number, provided that the hotel has already threatened to do so towards the renter/vehicle user and the renter/vehicle user has not removed the vehicle upon request of the hotel within an appropriate deadline set by the hotel. Such a threat and request is not necessary if the renter/vehicle owner could not be determined even after reasonable measures have been taken. The renter/vehicle owner is entitled to any profits made from the disposal, minus the incurred costs and the parking fee up to the time of the removal. 

7.3 Without prejudice to the rights from section 7.1 and section 7.2, the renter is liable towards the hotel for all incurred costs. 

GTCs Soloplan City Resort events

1 SCOPE°
2 CONCLUSION OF CONTRACT, CONTRACTING PARTIES, LIABILITY, LIMITATION PERIOD°
3 SERVICES, PRICES, PAYMENT, OFFSETTING°
4 WITHDRAWAL OF THE CUSTOMER (REVOCATION, CANCELLATION)°
5 WITHDRAWAL OF THE HOTEL°
6 CHANGES TO THE NUMBER OF GUESTS AND THE EVENT TIME°
7 BRINGING FOOD AND DRINK°
8 TECHNICAL FACILITIES AND CONNECTIONS°
9 LOSS OF OR DAMAGE TO PROPERTY BROUGHT BY GUESTS°
10 LIABILITY OF THE CUSTOMER FOR DAMAGES°
11 FINAL PROVISIONS

1 SCOPE 

1.1 These terms and conditions apply to contracts regarding the provision of conference, banquet and event rooms of the hotel on a rental basis for the realisation of events such as banquets, seminars, conferences, exhibitions and presentations, etc., including all additional services and deliveries of the hotel carried out for the customer in this context. 

1.2 The subletting or reletting of the provided rooms, areas or display cases and the invitation to job interviews, sales events or similar events require the prior consent of the hotel in text form, whereby § 540, section 1, sentence 2 of the BGB is waived if the customer is not a consumer. 

1.3 The general terms and conditions of the customer only apply if this has been expressly agreed upon beforehand. 

2 CONCLUSION OF CONTRACT, CONTRACTING PARTIES, LIABILITY, LIMITATION PERIOD 

2.1 The contracting parties are the hotel and the customer. The contract is concluded with the hotel’s acceptance of the customer’s application. The hotel may confirm the booking of the event in text form. 

2.2 The hotel is liable for damages due to the injury of body, life or health which can be attributed to the hotel. Additionally, the hotel is liable for other damages arising from an intentional or grossly negligent breach of duty by the hotel or from an intentional or negligent breach of contractually typical duties of the hotel. A breach of duty by a legal representative or a vicarious agent is equivalent to a breach of duty by the hotel. Further claims to damages are, if not regulated otherwise in section 9, excluded. Should there be any disruptions or deficiencies in the services of the hotel, the hotel will endeavour to provide a solution upon knowledge thereof or upon the immediate complaint of the customer. The customer is obligated to do their reasonable best to remedy the problem and minimise any possible damage. Additionally, the customer is obligated to inform the hotel in a timely manner of the possibility of an extraordinarily high damage being incurred. 

2.3 All claims against the hotel generally become statute-barred a year from the legal start of the limitation period. This does not apply in the case of claims to damages and other claims, provided that the latter are based on an intentional or grossly negligent breach of duty by the hotel. 

3 SERVICES, PRICES, PAYMENT, OFFSETTING 

3.1 The hotel is obligated to provide the services ordered by the customer and promised by the hotel.

3.2 The customer is obligated to pay the agreed or applicable prices of the hotel for the provision of these and additional services used by the customer. This also applies to services ordered by the customer–directly or via the hotel–that are carried out by third parties and disbursed by the hotel. This applies to claims from copyright collecting societies in particular. 

3.3 The agreed prices include the taxes applicable at the time of the conclusion of contract. If the statutory value added tax is changed or local charges on the object of service are newly introduced, changed or abolished after conclusion of the contract, the prices are adjusted correspondingly. For contracts with consumers, this only applies if the period between the conclusion and fulfilment of the contract exceeds four months. 

3.4 Invoices of the hotel without a due date are payable, without deduction, within two days from receipt of the invoice. The hotel can request the immediate payment of due claims from the customer at any time. In the case of default of payment by the customer, the legal regulations apply. The hotel reserves the right to prove higher damages. 

3.5 At the conclusion of a contract, the hotel is entitled to request an appropriate advance payment or security deposit, e.g. in form of a credit-card guarantee, from the customer. The amount of the advance payment and the payment dates can be agreed upon in the contract in text form. In the case of default of payment by the customer, the legal regulations apply. 

3.6 In justified cases, such as outstanding payment of the customer or the extension of the scope of the contract, the hotel is entitled to request an advance payment or a security deposit in the sense of the above section 3.5 or an increase of the advance payment or security deposit agreed upon in the contract up to the full agreed remuneration. This may take place even after conclusion of the contract, up to the begin of the event. 

3.7 The customer can only offset or compensate against a claim of the hotel with an undisputable or legally binding claim. 

4 WITHDRAWAL OF THE CUSTOMER (REVOCATION, CANCELLATION) 

4.1 The customer can only withdraw from the contract concluded with the hotel if the right of withdrawal has been expressly agreed upon in the contract, if another statutory right of withdrawal exists or if the hotel expressly agrees to the cancellation of the contract. The agreement of a right of withdrawal and any agreement to a cancellation of contract shall be made in text form, respectively. 

4.2 Provided that a date for the free withdrawal from the contract has been agreed upon between the hotel and the customer, the customer can withdraw from the contract until that date without incurring claims to payment or damages by the hotel. The customer’s right of withdrawal becomes invalid if they do not exercise their right of withdrawal towards the hotel until the agreed date. 

4.3 If a right of withdrawal has not been agreed upon or has already expired, there is no statutory right of withdrawal or termination and the hotel does not agree to the cancellation of the contract, the hotel retains the claim to the agreed remuneration in spite of the non-utilisation of the service. The hotel is to take into account the income from renting the rooms to other parties and the saved expenses. The respectively saved expenses can be calculated as a lump sum in accordance with sections 4.4, 4.5 and 4.6. The customer is free to prove that the claim did not arise or did not arise in the claimed amount. The hotel is free to prove that a higher claim arose. 

4.4 If the customer does not withdraw until between the 8th and the 4th week before the date of the event, the hotel is entitled to invoice 35% of the lost food revenue in addition to the agreed rental charge. If the withdrawal takes place later, the hotel can invoice 70% of the food revenue in addition to the agreed rental charge. 

4.5 The calculation of the food turnover is carried out based on the following formula: agreed menu price x number of participants. If no menu price was agreed upon yet, the most inexpensive 3-course menu of the respectively valid event offer is used as a basis for the calculation. 

4.6 If a conference flat rate per participant was agreed and the withdrawal takes place between the 8th and the 4th week before the date of the event, the hotel is entitled to invoice 60%, or, in the case of a later withdrawal, 85% of the conference flat rate x the agreed number of participants. 

5 WITHDRAWAL OF THE HOTEL 

5.1 If it has been agreed that the customer can withdraw from the contract free of charge within a certain period, the hotel is entitled for its part to withdraw from the contract within this period if other customers have made requests for the contractually booked event rooms and if the customer does not waive their right of withdrawal upon request of the hotel, with an appropriate deadline set. 

5.2 If an advance payment or security deposit agreed upon or requested in accordance with section 3.5 and/or section 3.6 is not made even after the expiry of an appropriate final extension to the deadline set by the hotel, the hotel is also entitled to withdraw from the contract.

5.3 Moreover, the hotel is entitled to extraordinarily withdraw from the contract for an objectively justified reason, particularly if°
– force majeure or other circumstances that cannot be attributed to the hotel make the fulfilment of the contract impossible;°
– events or rooms are booked culpably with misleading or incorrect information or withholding essential facts (essential facts can be the identity of the customer, the ability to meet financial obligations or the purpose of the stay);°
– the hotel has reasonable grounds to believe that the event can jeopardise the smooth business operation, the security or the reputation of the hotel in public without this being attributable to the hotel’s sphere of control or organisation;°
– the purpose or the occasion of the event is unlawful;°
– there is a violation of section 1.2. 5.4 The justified withdrawal of the hotel does not constitute a claim for damages on the part of the customer. 

6 CHANGES TO THE NUMBER OF GUESTS AND THE EVENT TIME 

6.1 The hotel must be informed of an increase of the number of participants by more than 5% by no later than five working days before the start of the event–the hotel’s consent to the increase in text form is required. The basis of the calculation is the actual number of participants–however, it must be at least 95% of the agreed higher number of participants. If the actual number of participants is lower, the customer is entitled to lower the agreed price by the additionally saved expenses due to the lower number of participants–the customer must prove that these expenses have been saved. 

6.2 The hotel must be informed of a reduction of the number of participants by more than 5% early on, no later than five working days before the start of the event. The basis of the calculation is the actual number of participants–however, it is at least 95% of the ultimately agreed number of participants. Section 6.1, sentence 3 applies accordingly. 

6.3 If the number of participants is reduced by more than 10%, the hotel is entitled to switch the confirmed rooms, taking any deviating room rent into account, unless this is unreasonable for the customer. 

6.4 If the agreed start or end times of the event are moved and the hotel agrees to these changes, the hotel can appropriately invoice the additional willingness to perform, unless the hotel is at fault. 

7 BRINGING FOOD AND DRINK 

The customer may generally not bring food or drink to events. Exceptions require an agreement with the hotel. In this case, an amount for covering overhead costs is charged.

 

 

8 TECHNICAL FACILITIES AND CONNECTIONS 

8.1 Insofar as the hotel procures technical or other facilities from third parties for the customer upon request of the customer, the hotel acts in the name, on the authority and on the account of the customer. The customer is liable for the careful handling and proper return. The customer indemnifies the hotel against all claims by third parties arising from the provision of these facilities. 

8.2 The use of the customer’s own electrical equipment in combination with the power grid of the hotel requires the consent of the hotel. Disruptions or damages to the technical equipment of the hotel arising due to the use of this equipment is at the expense of the customer, provided that they cannot be attributed to the hotel. The hotel may record and calculate the electricity costs caused due to the use as a flat rate. 

8.3 With the consent of the hotel, the customer is entitled to use their own phone, fax and data transfer facilities. The hotel can charge a connection fee for this.

8.4 If suitable facilities of the hotel remain unused because the customer connects their own facilities, the hotel can charge default compensation. 

8.5 Disruptions to technical or other facilities provided by the hotel will be remedied immediately, if possible. Payments cannot be withheld or reduced if the disruptions are not attributable to the hotel. 

9 LOSS OF OR DAMAGE TO PROPERTY BROUGHT BY GUESTS 

9.1 Exhibits or other items, including personal items, brought by the customer are located in the event rooms or in the hotel at the customer’s risk. The hotel is not liable for loss, misplacement or damage, including financial damages, except in the case of gross negligence or intent on the part of the hotel. This excludes damages from the injury to life, body or health. Additionally, all cases in which the safekeeping represents a contractually typical duty due to the circumstances of the individual case are excluded from this liability exemption. 

9.2 Decoration material brought to the hotel must correspond to the fire safety requirements. The hotel is entitled to request official proof of this. If this proof is not provided, the hotel is entitled to remove material that has already been brought, at the expense of the customer. Due to possible damages, the placement and attachment of objects must be coordinated with the hotel beforehand. 

9.3 Exhibits or other objects brought to the hotel must be removed immediately after the event. If the customer fails to do so, the hotel may carry out the removal and storage at the expense of the customer. If the objects remain in the event room, the hotel can charge an appropriate compensation for use for the period the room is withheld. 

10 LIABILITY OF THE CUSTOMER FOR DAMAGES 

10.1 If the customer is an entrepreneur, they are liable for all damages to the building or inventory caused by participants in or visitors to the event, employees, other third parties from the area of the customer or the customer themselves. 

10.2 The hotel can request the provision of an appropriate security deposit, e.g. in form of a credit-card guarantee, from the customer. 

11 FINAL PROVISIONS 

11.1 Amendments and additions to the contract, the acceptance of the application or these general terms and conditions are to be made in text form. Unilateral amendments or additions made by the customer are invalid. 

11.2 The place of fulfilment and payment as well as the sole place of jurisdiction–also for disputes regarding cheques and bills of exchange–is, in commercial transactions, Soloplan City Resort GmbH, Illerhöhe 2, 87437 Kempten. If a contracting party fulfils the condition of § 38, no. 2 of the ZPO and does not have a general place of jurisdiction in Germany, the place of jurisdiction is Soloplan City Resort GmbH, Illerhöhe 2, 87437 Kempten. 

11.3 German law applies. The application of the UN Convention on Contracts for the International Sale of Goods and the application of conflict of laws is excluded. 

11.4 Should individual provisions of these general terms and conditions for events be or become invalid or void, the validity of the other provisions remains unaffected by this. Moreover, the legal regulations apply. 

DATA PROTECTION REGULATIONS

Soloplan City Resort makes every effort to guarantee the confidentiality and accuracy of your personal data and to protect this data against loss, misuse, unauthorised access, manipulation or destruction. Please read this privacy statement carefully in order to understand how we handle your personal data when you use our website.
By using the Soloplan City Resort website, you consent to the regulations of this privacy statement. Should you not agree to these regulations, please refrain from providing us with any personal data via the Soloplan City Resort website.
The regulations of this privacy statement may change from time to time. Thus, please bring yourself up to date on the current version of this privacy statement every time before you intend to provide us with personal data using our website. If you continue to use the Soloplan City Resort website after we have made changes to this privacy statement, we assume that you agree to these changes.

1.    Transparency of the collection of data, transfer of data and use of data

1.1.    Collection of data°

Your visit of the website of our Soloplan City Resort is logged. Essentially, the IP address currently used by your computer, the date and time, the browser type and the operating system of your computer as well as the pages you have viewed are collected. In general, we are neither able to nor do we intend to connect this data to a person. 
This data is only collected for data security purposes and to optimise our Web offer. No other evaluation of the data is carried out, except for statistical purposes. In this case, the data is generally evaluated in anonymised form. No personal surfing profiles or anything similar are created or processed.
Furthermore, personal data is only saved if you provide us with it on your own initiative, e.g. within the scope of a registration, a survey, a contest, an online application or for the execution of a contract. In the respective input and contact forms, you will be informed of the purposes of the collection of the data collected there. Such data is transferred in encrypted form via the Internet.
We allow you to use the Internet and certain services using a pseudonym by replacing your name, for example with an ID (a nickname selected by you or the IP address).

1.2.    Use of data and transfer of data

The personal data that you provide to Soloplan City Resort via a website or via e-mail (e.g. your name and address or your e-mail address) is only processed for correspondence with you and for the purpose for which you have provided us with the data. 
Additionally, we will use this data for occasional offers to you in order to inform you of new products or services and other services that may interest you. Of course, you are entitled to object to this use of your data at any time. 
The information collected on this website is transferred to the responsible entity within our company group. Additionally, we ensure that we will not transfer your personal data to third parties unless we are legally obligated to do so our you have given us your prior consent.
If we use service providers to execute and handle processing, the contractual relationships are regulated in accordance with the provisions of the German Federal Data Protection Act (BDSG).

1.3.    Consent and revocation

If you have provided Soloplan City Resort with personal data, you can delete this data at any time. Data for calculation and accounting purposes is not affected by a termination/a revocation or a deletion. 

Moreover, the use of your e-mail address, your phone and/or mobile number and your fax number for advertisement or market or opinion research requires a separate agreement. You can give this consent electronically when you enter your data and revoke it for the future at any time.

1.4.    Storage period

Personal data that you have provided to Soloplan City Resort is only saved until it has fulfilled the purpose for which you have provided it to us. Insofar as retention periods under commercial and tax law need to be taken into account, the storage period for certain data can be up to 10 years. 

2.    General legal information

2.1.    Rights of the affected parties

Should you no longer agree to the storage of your personal data or if your stored personal data is no longer accurate, we will, upon your corresponding request, trigger the deletion or locking of your data or make the necessary corrections (provided that this is possible under the current law). Upon request, you will receive free information on all of your personal data that we have saved.

2.2.    Links to other websites°

Soloplan City Resort occasionally refers to third-party websites. Although we carefully select those third parties, we cannot assume any guarantee or liability for the accuracy or completeness of the contents nor for the data security of third-party websites. Furthermore, this privacy statement does not apply to linked third-party websites.

2.3    Use of Facebook plug-ins (or other social networks)

On the website of the Soloplan City Resort, plug-ins of the social network facebook.com, operated by Facebook Inc., 1601 S. California Ave, Palo Alto, CA 94304, USA (“Facebook”), are used.
If you access Internet pages of our website that are equipped with such a plug-in, a connection to the Facebook servers is established and the plug-in is displayed on the website by means of a message to your browser. This transmits information about which of our Internet pages you have accessed to the Facebook server. If you are logged into Facebook as a member, Facebook allocates this information to your personal Facebook user account. When you use the plug-in functions (e.g. clicking on the “Like” button, posting a comment), this information is also allocated to your Facebook account, which can only be prevented by logging out of your Facebook account before using the plug-in.
You can find more detailed information on the collection and use of your data by Facebook as well as on your connected rights and possibilities for the protection of your privacy in Facebook’s data protection information.

2.4.   Use of Google Web Fonts

For a uniform display of fonts, this website uses so-called Web Fonts, which are provided by Google. When you access a page, your browser loads the required Web Fonts in your browser cache in order to correctly display texts and fonts.

To that end, the browser you are using needs to establish a connection to the Google servers. That way, Google acquires the knowledge that our website has been access via your IP address. The use of Google Web Fonts serves the purpose of a uniform and appealing display of our online offers. This represents a legitimate interest in the sense of art. 6, section 1, lit. f of the General Data Protection Regulation (GDPR). If your browser does not support Web Fonts, the standard font of your computer is used. You can find additional information on Google Web Fonts under https://developers.google.com/fonts/faq and in Google’s privacy policy: https://policies.google.com/privacy?hl=en-GB.

2.5.   Use of Google Maps

This page uses the map service Google Maps via an API. The provider is Google Inc., 1600 Amphitheater Parkway, Mountain View, CA 94043, USA. To be able to use the functions of Google Maps, your IP address needs to be saved. This information is generally transmitted to a Google server in the US and saved there. The provider of this page cannot influence this data transfer. The use of Google Maps serves to provide an appealing display of our online offers and to make the locations specified by us on the website easy to find. This represents a legitimate interest in the sense of art. 6, section 1, lit. f of the General Data Protection Regulation (GDPR). You can find more information on the handling of user data in Google’s privacy policy. https://policies.google.com/privacy?hl=en-GB&gl=de.

2.6.    Applicable law for internationally active companies

We conduct our business in a way so that our obligations are fulfilled in all of the countries where we are represented.

2.7.    Protection of certain groups

People under 18 years of age should not transmit personal data to us without the consent of a parent or legal guardian.
Minors may only provide us with personal information if the express consent of the legal guardian is given or the minors are 12 or older. This data is then processed in accordance with this privacy statement. Before giving your consent, make your child aware of the dangers that can arise from communication with strangers and the provision of personal information online.

2.8.    Liability

All of the information on this website has been checked very carefully. However, we do not guarantee that the contents of our own websites are always correct, complete and up to date.

3.    Information on data security

3.1.    Transmission methods°

The Internet is generally considered an insecure medium. Compared to a phone line, for example, it is much easier for unauthorised third parties to intercept, record or even change a transmission of data in the Internet. In order to guarantee the confidentiality of the communication with you, we use a so-called SSL encryption. Based on current information, the 128-bit encryption possible with this is to be regarded as secure. All browsers of the newer generation achieve this level of security. You may need to update the browser on your computer.

3.2.    Surveillance and monitoring measures

A firewall system prevents the access from external sources. Multiple encryption and identification levels eliminate unauthorised queries or the interception of customer data during the transmission. Apart from the internal encryption methods of the Internet browsers, we use even stronger encryption methods in order to eliminate decoding by unauthorised persons.
Every time you access one of our Internet pages, the IP address of the computer you access the page with and of your Internet service provider, the date, duration and time of the access as well of the name of the accessed file along with the data volume are saved in a log file.

3.3.    Techniques for the operation of the online pages

Cookies are small text files that are stored on the computer of the Internet user. They serve the purpose of controlling the Internet connection while you access our websites. At the same time, these cookies provide us with information that allows us to optimise our websites to match the needs of those visiting the websites. We use some cookies only for the duration of your visit to the website. However, the advertisement management provider used by us sometimes also uses cookies that are stored for a longer period of time. They solely serve the purpose of analysing the website use. All cookies on our web pages contain purely technical data, no personal information.Using our offers without cookies is possible as well.

3.4.    Google Analytics

Soloplan City Resort uses Google Analytics, a Web analysis service provided by Google Inc. (“Google”). Google Analytics uses so-called cookies. Cookies are text files that are stored on your computer and allow an analysis of your use of the website. The data these cookies provide on your use of this website (including your IP address) is transmitted to and stored on a Google server located in the US. Google will use this data to evaluate your use of the website, to compile reports on the website activity for the website owners and to provide additional services associated with the website and Internet use. Google may also transmit this data to third parties if this is required by law or if third parties process this data on behalf of Google. Under no circumstances will Google associate your IP address with any other data stored by Google. You can adjust your browser software correspondingly to prevent the installation of cookies. However, please note that if you do so, you may not be able to use the full functionality of this website. 
By using this website, you consent to the processing of the collected data concerning you by Google in the previously described manner and for the previously mentioned purpose.
Please note that our website uses Google Analytics with the extension “_anonymizeIp()”, which means that IP addresses are only collected in short form and thus cannot be directly attributed to a person. 
You can object to the future collection, processing and use of data at any time by means of an extension of your browser. https://marketingplatform.google.com/intl/en_uk/about/analytics/


3.5.   DIRS 21

Use of the online booking tool DIRS21 of the TourOnline AG
To make the online booking of accommodation services and other travel services possible, as well as for the processing of requests, our website uses the online booking tool DIRS21 (in the following referred to as “OBT” of the company TourOnline AG, Borsigstraße 26, 73249 Wernau, Germany (www.dirs21.de, in the following referred to as “TOAG”).  Within the scope of the OBT, TOAG is responsible for the processing of the data. You can find the information and provisions on data security in the privacy policy of TOAG on the OBT, which you can view at any time from the OBT or under www.dirs21.de/en/privacy/.

3.6.    Internal security measures

Soloplan City Resort guarantee the confidentiality and security of your personal data by
a. using your personal data, insofar as you provide us with it via our website or within the scope of e-mail communication, only for the fulfilment of your wish or request,°
b. obligating our employees to observe confidentiality obligations,°
c. ensuring that our safety precautions adequately correspond to the current state of technology,
d. ensuring that our systems regularly undergo security checks in order to sustainably protect data held by us from any damages, losses and accesses,
e. and due to the fact that the company’s data protection officer ensures the observance of the “privacy statement”. 

3.7.   SSL/TLS encryption

For security reasons and to protect the transmission of confidential contents, such as orders or requests that you send to us, the website owners, this website uses an SSL/TLS encryption. You can tell that the connection is encrypted because the address bar of your browser switches from “http://” to “https://” and a lock icon is displayed in your browser bar. If the SSL/TLS encryption is enabled, data you transmit to us cannot be read by third parties.

3.8.    Notes on the improvement of personal data security

a. You can configure your browser so that you are informed as soon as cookies are to be set in order to, if applicable, accept them in general or for every individual case or whether you want to generally decline them. You can find more detailed information about the configuration of your browser in the instructions of your browser.
b. You can recognise a secure Internet connection by the address, among other things. If it starts with https, this is a sign for a secure connection (e.g. …de). Another characteristic of a secure Internet connection is the closed lock in the address bar of your browser.
c. We will never ask you for confidential data such as your account/customer number, your PIN or your password via e-mail, phone or SMS, nor will we ask you to return or specify this data or directly enter access data. 
d. Only install programmes you have received from a trustworthy source. Great caution is required especially when downloading programmes from the Internet.
e. Do not install or start programmes that you have received from strangers or, unasked, from acquaintances via e-mail. Attention: Screensavers are programmes as well.
f. If there is even the slightest doubt about the trustworthiness of programmes, you should refrain from installing them on your computer.
g. Install a virus scanner on your computer and use it to regularly check all files for viruses. Make sure that you have always installed the newest updates. All of the leading producers of virus scanners provide them.

If you want to check the personal data saved regarding you, please inform us of this in written form to the specified address or send an e-mail to info@soloplancityresort.com.

3.9.   Information on the responsible body

You can reach the body responsible for data processing on the website under: www.soloplancityresort.com.

The responsible body is the natural or legal person who, either alone or together with others, decides on the purposes and means of the processing of personal data (e.g. names, e-mail addresses, etc.).