I. Scope
1. These General Terms and Conditions (GTCs) of business apply to all contracts, deliveries and other services between Alter Meierhof Vitalhotel GmbH & Co. KG (hereinafter referred to as Vitalhotel Alter Meierhof) and its customers in the current version at the time of conclusion of the contract. However, conditions apply exclusively to business relationships within the framework of the online shop (https://shop.alter-meierhof.de/) and to the sale of vouchers (on site and online at https://www.alter-meierhof.de/en/gutschein/) of Vitalhotel Alter Meierhof. 2. These GTCs of business apply exclusively to purchases of the products, treatments, day SPAs and vouchers concerning services which are provided at the facilities of Vitalhotel Alter Meierhof which are offered in the respective online shop. However, when redeeming the vouchers, the general terms and conditions of business and the house rules of Vitalhotel Alter Meierhof apply. The general terms and conditions of business can be viewed on the website any time at https://www.alter-meierhof.de/en/allgemeine-geschaeftsbedingungen/ and can be provided to the customer on request.
II. Conclusion of the contract
1. The representation of the product range in the respective online shop of Vitalhotel Alter Meierhof does not represent a legally binding offer in accordance with Sections 145 ff of the German Civil Code (BGB), but rather a non-binding online catalogue. 2. The conclusion of the contract takes place exclusively in German or English. 3. The customer submits a binding offer when he or she has concluded the online ordering process by entering the information which is requested during this time and completes the process by clicking on the »buy now« button. The customer then receives an email confirmation of receipt from Vitalhotel Alter Meierhof. However, this confirmation does not represent acceptance of the offer by the Vitalhotel Alter Meierhof. Vitalhotel Alter Meierhof will inform the customer of deviations and possible errors in relation to the information concerning the range of goods in the respective online shop where necessary and will submit a relevant counteroffer to him or her. 4. The sales agreement with Vitalhotel Alter Meierhof concerning products and vouchers will not come into effect until the items which have been ordered by the customer have been dispatched by Vitalhotel Alter Meierhof. It is not necessary for Vitalhotel Alter Meierhof to declare acceptance to the customer. However, Vitalhotel Alter Meierhof reserves the right not to accept the offer of the customer. The customer will be notified of non-acceptance in electronic form. 5. The orders of the customer will be saved by Vitalhotel Alter Meierhof for a period of 12 months after conclusion of the contract. Should the customer lose his or her order documents, Vitalhotel Alter Meierhof will send him or her a copy of the data concerning his or her order if so requested. 6. Vitalhotel Alter Meierhof does not offer its products for purchase by minors. Vouchers for all services which are provided at the premises of Vitalhotel Alter Meierhof which are purchased by the customer cannot be redeemed by minors, unless the parent or guardian has issued his or her consent.
III. Terms and conditions of delivery and shipping
1. Vitalhotel Alter Meierhof will immediately send the ordered goods to the address provided by the customer in the order. Where the order relates to the online purchase of vouchers, these will be sent once the credit card has been successfully charged or the direct debit mandate has taken place, should the customer have opted for delivery by post. In such a case, the handover of the ordered goods to the postal services will take place on the next working day following the order. The delivery time depends on the amount of time required by the postal services and is usually 2 to 3 working days within Germany. Should the customer select advance bank transfer when placing the order, the handover to the postal services takes place on the next working day following receipt of the funds in the bank account of Vitalhotel Alter Meierhof, as specified during the ordering process. The receipt of payment depends on the banks involved in the payment transaction and is usually 2 to 5 banking days. The delivery time following receipt of payment depends on the amount of time required by the postal services and is usually 2 to 3 working days. 2. Deliveries can be made within Germany and to Denmark. 3. The shipping costs for delivery are outlined below: Shipments to Germany (uninsured): vouchers € 10, products n/a. Shipments to Germany (insured up to € 500): vouchers € 3, products n/a. Shipments to Denmark (uninsured): vouchers € 5, products n/a. Shipments to Denmark (insured up to € 500): vouchers n/a, products € 20. Immediate print-out: vouchers free of charge, products n/a. 4. In case of shipment by post and advance payment, the delivery period commences on the day of receipt of funds in our bank account. In case of shipment by post and payment by credit card or immediate bank transfer, the delivery period commences on the day following conclusion of the contract. For all orders, the delivery period ends at the start of the third day following commencement of the delivery period. Should the delivery period end on a weekend or national holiday, this day will be replaced by the next working day. 5. Should a product not be in stock, Vitalhotel Alter Meierhof will endeavor to deliver it as quickly as possible. Should the ordered product not be in stock or delivery of the ordered product not possible, Vitalhotel Alter Meierhof will immediately inform the customer of the expected delivery time. In such a case, the customer has the right to cancel the order. Non-compliance with a delivery date due to force majeure, a labour dispute, unforeseeable hindrances or other circumstances for which Vitalhotel Alter Meierhof is not responsible is excluded from the above. In such cases, the delivery deadline will be reasonably extended. 6. Special forms of shipment requested by the customer during the order process will be charged for by means of supplements which are typical for the location in question, provided that Vitalhotel Alter Meierhof agreed to the special form of shipment. If so desired, the customer can be provided with information concerning the expected costs of the special form of shipment.
IV. Reservation of ownership
The delivered product shall remain the property of Vitalhotel Alter Meierhof until full payment of all existing claims against the customer has been made. Vitalhotel Alter Meierhof reserves the right to restrict or cancel the validity of the voucher in the event of non-payment or incorrect payment.
V. Payment
All prices include the statutory value added tax. The prices at the time of the order apply. Vitalhotel Alter Meierhof accepts the following payment methods: Purchase of voucher online: Cash (only €): No. Credit card (Visa, Euro-/Mastercard, American Express): Yes. EC and Maestrocard: No. Advance bank transfer: No. Instant bank transfer: No. SEPA direct debit mandate: Yes. On the permises in cash, by creditcard or EC or Maestrocard: n/a. Purchase of voucher directly from the hotel (by telephone or at the premises): Cash (only €): Yes. Credit card (Visa, Euro-/Mastercard, American Express): Yes. EC and Maestrocard: Yes. Advance bank transfer: Yes. Instant bank transfer: No. SEPA direct debit mandate: Yes. On the permises in cash, by creditcard or EC or Maestrocard: n/a. Product purchase in the online shop: Cash (only €): No. Credit card (Visa, Euro-/Mastercard, American Express): No. EC and Maestrocard: No. Advance bank transfer: Yes. Instant bank transfer: No. SEPA direct debit mandate: No. On the permises in cash, by creditcard or EC or Maestrocard: n/a. Reservation application or day SPA in the online shop: Cash (only €): No. Credit card (Visa, Euro-/Mastercard, American Express): No. EC and Maestrocard: No. Advance bank transfer: No. Instant bank transfer: No. SEPA direct debit mandate: No. On the permises in cash, by creditcard or EC or Maestrocard: Yes.1. Cash: Vitalhotel Alter Meierhof accepts cash payments in €. Foreign currencies are not accepted. 2. Credit card: Vitalhotel Alter Meierhof accepts VISA, Mastercard and American Express, both on site and for online orders of vouchers, products, treatments and/or day SPAs. 3. EC and Maestrocard: Vitalhotel Alter Meierhof accepts payment by EC or Maestrocard both on site and for online orders of vouchers, products, treatments and/or day SPAs. 4. Advance bank transfer: Vitalhotel Alter Meierhof accepts advance bank transfers exclusively for the ordering of vouchers by telephone. The amount is remitted to Vitalhotel Alter Meierhof by the customer. The bank details required to do this will be given to the customer during the ordering process and by email or post once the ordering process has been completed. Should payment not be made within one week of the order, the order will be cancelled free-of-charge to the customer. 5. Instant bank transfer: Vitalhotel Alter Meierhof accepts instant bank transfers exclusively for the ordering of products in the online shop. The payment is handled directly via the provider Klarna by means of an encrypted connection. Vitalhotel Alter Meierhof shall be immediately informed of the bank transfer credit. 6. SEPA direct debit mandate: Vitalhotel Alter Meierhof accepts payments by SEPA direct debit mandate exclusively for vouchers which are ordered online or by telephone. 7. On the premises: On the premises, Vitalhotel Alter Meierhof accepts cash payments in €, VISA, Mastercard and American Express, as well as EC and Maestrocard.
VI. Due date, default, offsetting
1. The purchase price and any applicable fees and/or shipping costs are payable at the time of conclusion of the contract. 2.Should the customer default on payment, Vitalhotel Alter Meierhof is entitled to charge default interest to the sum of 5% above the respective base rate of interest. The right of Vitalhotel Alter Meierhof to claim additional damages shall remain unaffected thereby. 3. The customer is only entitled to offset where his or her counterclaims have been recognised by a court, are awaiting a decision, are undisputed or have been acknowledged by Vitalhotel Alter Meierhof.
VII. Right of cancellation for consumers
Consumers are entitled to a statutory right of cancellation. A consumer is any natural person who carried out a legal transaction for purposes which cannot primarily be attributed to his or her commercial or self-employed professional activities
VIII. Notice of cancellation
You have the right to cancel this contract within fourteen days without providing reasons. The deadline for cancellation is fourteen days from the day on which you or a third party nominated by you who is not the shipping company takes possession of the goods. In order to exercise your right of cancellation, you must inform us Alter Meierhof Vitalhotel GmbH & Co. KG, Uferstraße 1, D-24960 Glücksburg, Tel. +49 4631 6199-0, Fax. +49 4631 6199-99, info@alter-meierhof.de, www.alter-meierhof.de of your decision to cancel this contract by means of a clear declaration (for example, a letter sent by post, fax or email). You can use the enclosed sample cancellation form, however this is not mandatory. In order to comply with the deadline for cancellation, you must send the notice concerning the exercising of the right of cancellation prior to the expiry of the cancellation period. Should you cancel this contract, we must refund all payments which we have received from you, including the delivery costs (with the exception of the additional costs incurred as a result of you having selected a different type of delivery than the cheapest standard delivery offered by us) immediately and at the latest within fourteen days of the day on which the notification concerning your cancellation of this contract was received by us. For this repayment, we will use the same payment method that you used during the original transaction unless expressly otherwise agreed with you; under no circumstances will you be charged any fees in connection with this refund. You must send the goods back to us or hand the goods over to us immediately and in all cases within fourteen days of the day on which you informed us of the cancellation of this contract. The deadline is complied with if you send the goods prior to the expiry of the fourteen day period. You must bear the direct costs associated with returning the goods. You are only required to pay compensation for any loss in the value of the goods if this is due to handling of the goods by you which goes beyond the extent necessary in order to check their quality, properties and function. A sample cancellation form is available for downloading here: https://www.alter-meierhof.de/app/uploads/2019/12/am_widerrufsformular_de_en.pdf. Should you wish to cancel the contract, please fill in this form and return it to us.
IX. Warranty, liability
1. Vitalhotel Alter Meierhof hereby provides a guarantee that the sold product is free from material and fabrication defects at the time of transfer of risk. The customer must inspect the goods for defects and quality after receipt. 2. Vitalhotel Alter Meierhof shall be liable for material defects and defects of title in accordance with the applicable regulations, in particular Sections 434 ff of the German Civil Code (BGB). The warranty does not extend to usual wear and tear or to goods which have been altered by the customer. 3. The warranty period is 24 months and commences at the time of transfer of risk to the customer. In regard to entrepreneurs, the warranty obligation for items delivered by us is one year from the time of delivery. 4. In the case of justified warranty claims, the customer shall be able to choose between having the defect corrected or having a defect-free item delivered. 5. Should the defect correction or replacement delivery fail, should Vitalhotel Alter Meierhof not be prepared or not be able to carry out the defect correction or replacement delivery, or should this be delayed beyond a reasonable deadline for reasons for which Vitalhotel Alter Meierhof is responsible, then the customer shall be entitled to withdraw from the purchase agreement or request a reduction in the purchase price, regardless of any damages claims. 6. Vitalhotel Alter Meierhof shall be fully liable in the event of losses which are caused by intentional action or gross negligence. 7. For other losses, Vitalhotel Alter Meierhof shall only be liable if an obligation with which compliance is of particular importance for fulfilment of the contractual purpose (cardinal obligation) is breached and should the loss be typical and foreseeable when considering the intended use of the goods. In such a case, liability will be limited to the sum of € 500. 8. Vitalhotel Alter Meierhof shall not be liable for losses which occur due to the customer not being contactable. The customer is responsible for ensuring that delivery can take place in case of shipments by post by means of a name plate or other form of identification. In case of delivery by immediate print-out, the customer must ensure that delivery can take place by email. Vitalhotel Alter Meierhof cannot assume responsibility for the individual security and system settings of the customer (including spam filters, mailbox size etc). 9. Any further liability, in particular for losses incurred which are not connected to the goods themselves, for loss of profit or other financial losses of the customer, is excluded. 10. The limitations of liability as stated above do not apply in cases of injury to life, limb or health, to defects following the assumption of a guarantee for the quality of the product or in cases of defects which are fraudulently concealed. Liability under the German Product Liability Act (Produkthaftungsgesetz) remains unaffected. 11. Where the liability of Vitalhotel Alter Meierhof is excluded or limited, this also applies to the personal liability of its employees, representatives and vicarious agents.
IX. Discount codes and other vouchers
1. The Vitalhotel Alter Meierhof offers discount codes for the purchase of products, treatments and day SPAs. Please bear in mind that these are limited and only available for a defined period of time. The customer can redeem the discount code in the shopping basket. The customer has no right to the redemption of discount codes, even where no validity is specified. 2. Vitalhotel Alter Meierhof offers cash-value and item vouchers for purchase. Cash-value vouchers can redeemed on all services offered by Vitalhotel Alter Meierhof at its premises up to the amount of the stated value. Item vouchers can be redeemed on the service specified on the voucher. By agreement with Vitalhotel Alter Meierhof, it is possible to exchange the value of the service specified on the item voucher for one or more other services. Vouchers can only be redeemed on location at the premises of Vitalhotel Alter Meierhof. For this purpose, the original voucher or the printout of the online voucher must be presented. Online vouchers can be also be redeemed via our website for online room reservations. It is not possible to redeem these vouchers in the online shop, ie it is not possible to offset these vouchers against the value of the order.
XI. Resolution of disputes
1. This contract is subject exclusively to the law of the Federal Republic of Germany to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods. 2. Should the customer be a merchant, the place of jurisdiction shall be Flensburg Regional Court (Landgericht Flensburg). A merchant is any person who operates a commercial business or who, for other legal reasons, is classified as a merchant in the German Commercial Code (HGB).
XII. Final provisions
1. This contract is subject exclusively to the law of the Federal Republic of Germany to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods. 2. Should the customer be a merchant, the place of jurisdiction shall be Flensburg Regional Court (Landgericht Flensburg). A merchant is any person who operates a commercial business or who, for other legal reasons, is classified as a merchant in the German Commercial Code (HGB).
XIII. Provider information
Alter Meierhof Vitalhotel GmbH & Co. KG
Uferstraße 1
D-24960 Glücksburg
Represented by the personally liable partner, Alter Meierhof Verwaltungs GmbH, Glücksburg
Flensburg Local Court (Amtsgericht Flensburg), HRB 3229 FL
Managing Director: Dirk Luther
Tel. +49 4631 6199-0
Fax. +49 4631 6199-99
info@alter-meierhof.de
Alter Meierhof Vitalhotel GmbH & Co. KG
Flensburg Local Court (Amtsgericht Flensburg), HRA 3663 FL
Value Added Tax Identification Number: DE179666700
Glücksburg, 01.01.2020