Terms and conditions

General Terms and Conditions

The use of services provided by our hotel (hereinafter referred to as the “Romantik Hotel”) is subject to the following General Terms and Conditions. Our Romantik Hotel is part of the hotel and restaurant cooperation “Romantik Hotels & Restaurants AG”. Therefore, in addition to these General Terms and Conditions, the terms and conditions of the umbrella organization shall also apply.

§ 1 Scope of Application
§ 2 Mediation of Accommodation Contracts and Contracts for Package Travel
§ 3 Bringing Animals, Other Obligations of the Guest
§ 4 Limitation of Liability
§ 5 Copyrights / Intellectual Property Rights
§ 6 Miscellaneous
§ 7 Data Protection and Participant Identification
§ 8 Dispute Resolution
§ 9 Applicable Law and Place of Jurisdiction

§ 1 Scope of Application

(1) All services used or offered by Romantik Hotels are provided exclusively on the basis of these General Terms and Conditions. They form an integral part of all contracts concluded by Romantik Hotels with Romantik Guests and business partners. By entering into a contract, the contractual partner agrees to the General Terms and Conditions of Romantik Hotels.

(2) These General Terms and Conditions apply to all non-binding reservation requests as well as binding bookings of accommodations made via the Romantik Hotels internet portal.

(3) Any general terms and conditions of the contractual partner shall not apply, even if Romantik Hotels does not expressly object to them in individual cases. Even if Romantik Hotels refers to correspondence containing general terms and conditions of the contractual partner or a third party, this shall not constitute consent to their validity. Deviating terms and conditions must be expressly agreed upon in writing.

§ 2 Mediation of Accommodation Contracts and Contracts for Package Travel

2.1 General

(1) Package tours are expressly identified as such and are subject to the special provisions set out in section 2.4 of these General Terms and Conditions. For the definition of a package tour, please refer to section 2.2.1. If no package tour exists, the provisions of section 2.2 shall apply.

(2) Where vouchers are offered on the Romantik Hotel website, the following applies:
a) Vouchers that define travel services for a specific period or date are subject either to the provisions on package travel (2.4) or accommodation bookings (2.2).
b) In all other cases (value vouchers without a fixed time period), the provisions on vouchers (2.3) apply.

2.2 Booking of Overnight Stays or Packages Not Subject to Package Travel Law

2.2.1 General

(1) The following provisions apply to the booking of overnight accommodation or bookings not subject to package travel law. These include in particular:
a) bookings involving only one travel service;
b) additional bookings that form an essential part of another travel service;
c) bookings of additional tourist services that do not represent a significant portion of the total value and are not advertised as such;
d) bookings of tourist services selected and agreed upon only after the start of the actual travel service within the meaning of § 651a para. 1 nos. 1–3 of the German Civil Code (BGB);
e) services not designated as package tours;
f) services not created through mediation of another travel service via online booking with transmission of data to the service provider.
Reference is made to §§ 651a–c BGB.

(2) If no package tour exists, the umbrella organization Romantik Hotels & Restaurants AG acts solely as a travel intermediary. Reservation requests submitted by the Romantik Guest to our Romantik Hotel—whether in writing, by telephone, electronically, or via the booking platforms at www.romantikhotels.com—are forwarded by Romantik Hotels & Restaurants AG purely as a messenger acting on behalf of the Romantik Guest. Accommodation contracts are concluded exclusively between the Romantik Guest and our Romantik Hotel under our contractual conditions and General Terms and Conditions.

(3) Online bookings are made directly via the TourOnline reservation platform. TourOnline merely provides the booking system and is neither a contractual partner nor a travel intermediary.

(4) Telephone bookings may be made directly with Romantik Hotels. If such a booking is made via the umbrella organization Romantik Hotels & Restaurants AG, it acts solely as a messenger and enters the booking into the online booking system. The guest receives a binding booking confirmation.

2.2.2 Conclusion of Contract and Contractual Partner

(1) The contractual partner of the Romantik Guest is our Romantik Hotel.

(2) The basis for the offer and booking is the accommodation description and the supplementary information available on the booking pages at the time of booking.

(3) The booking process is as follows:
a) Bookings are generally made electronically by completing and submitting the booking form. Telephone or email bookings are accepted. After booking, the Romantik Guest receives a binding booking confirmation.
b) By clicking the “Book” button, a booking form opens allowing the guest to select the desired stay, room, additional services, and to enter personal data.
c) Prior to submitting the booking, all details are summarized on an overview page. By clicking “binding booking”, the Romantik Guest submits a binding offer.
d) The contract text is stored by our Romantik Hotel and sent to the guest together with these General Terms and Conditions.

(4) Depending on the type of booking, a credit card number and expiry date may be required. The credit card serves as security for all costs incurred, including cancellation fees.

(5) The Romantik Guest confirms that all information provided is accurate and must notify the hotel of any changes without delay.

(6) Verbal or telephone booking confirmations result in a binding contract even if written confirmation is not received.

2.2.3 Prices and Payment

(1) Unless otherwise stated, prices apply per room/night or per person/night and include statutory VAT. Local taxes and additional services booked on site are charged separately.

(2) Payment is made directly to our Romantik Hotel unless otherwise agreed.

(3) Unless agreed otherwise, the full amount is due at the end of the stay.

(4) The hotel may request a deposit of up to 20% of the total booking price.

(5) Payments in foreign currencies or by cheque are not accepted.

(6) Failure to pay an agreed deposit entitles the hotel to withdraw from the contract and charge cancellation fees.

2.2.4 Right of Withdrawal

In accordance with § 312g para. 2 sentence 1 no. 9 BGB, no right of withdrawal applies to accommodation contracts concluded via distance selling. Only statutory provisions on non-utilization of rental services apply.

2.2.5 Arrival / Departure / Cancellation

(1) Unless otherwise agreed, rooms must be vacated by 10:00 a.m. on the day of departure.

(2) Late departure may result in additional charges.

(3) In the case of late arrival beyond the agreed check-in time, the reservation may lapse.

(4) The Romantik Guest may withdraw from the contract at any time prior to arrival subject to cancellation fees.

(5) Cancellation fees based on the total accommodation price:
a) Accommodation only: 90%
b) Bed and breakfast: 80%
c) Half board: 70%
d) Full board: 60%

(6) These fees do not apply where a free cancellation right was granted or in cases of unavoidable, extraordinary circumstances.

(7) The guest may prove that lesser costs were incurred.

(8) Cancellation must be declared in text form directly to the hotel.

2.2.6 Defects and Complaints

To assert claims for travel defects, please contact our Romantik Hotel directly. If the booking does not constitute a package tour, the statutory provisions of German tenancy and service contract law shall apply to defect claims.

2.3 Sale of Vouchers

2.3.1 Characteristics of Romantik Gift Vouchers

(1) Our Romantik Hotel sells its own vouchers. The following provisions apply. These provisions also apply to vouchers without a specified date or period, even if such vouchers are issued for a package tour.

(2) Our vouchers cannot be exchanged, either in whole or in part, for cash.

(3) Vouchers must be redeemed within their period of validity. After expiry, they are no longer eligible for refund or any other use.

(4) Our service vouchers are valid for one year. They expire at the end of the first year following the date of issue. The validity of value vouchers is governed by statutory law.

(5) Our vouchers may be redeemed exclusively at our Romantik Hotel.

(6) Our value vouchers may only be redeemed up to the euro amount stated on the gift voucher.

2.3.2 Conclusion of Contract

(1) The Romantik Guest may order vouchers from our Romantik Hotel by telephone or by email.

(2) A contract is concluded upon the Romantik Guest’s binding order and our acceptance. Acceptance generally takes place by email confirming receipt of the order, detailing its contents and stating the payment terms (order confirmation). If, exceptionally, no order confirmation is issued, the contract is concluded upon dispatch of the voucher.

(3) The contract text is stored by our Romantik Hotel. The contractual provisions, including these General Terms and Conditions, are sent to the Romantik Guest together with the order confirmation (which the guest may save and print), or at the latest with the delivery of the voucher.

2.3.3 Prices and Shipping Costs

(1) The purchase price of Romantik gift vouchers corresponds to the ordered value. All stated prices are final prices including statutory VAT. Shipping costs are not included.

(2) Shipping is at the expense of the Romantik Guest. The guest may choose between postal delivery or delivery by email (for immediate printing). Shipping costs are displayed on the overview page prior to submission of the order.

(3) Payment is made, at the guest’s choice, either by credit card or by advance payment.

a) Credit Card
The Romantik Guest pays immediately after the ordering process by entering their credit card details. By providing the credit card number, our Romantik Hotel is authorized to debit the purchase amount from the specified credit card account. The amount is charged via an SSL-encrypted connection. Dispatch takes place once payment has been received.

b) Advance Payment / Bank Transfer
If the payment method “advance payment/bank transfer” is selected, the Romantik Guest receives the bank details and reference information together with the order confirmation. The specified amount must be transferred within seven days, quoting the order number. Dispatch takes place once payment has been credited to our account, subject to the delivery time stated for the product.

(4) The Romantik Guest may offset claims only against undisputed or legally established claims. A right of retention may only be exercised insofar as the counterclaim arises from the same contractual relationship.

2.3.4 Delivery

(1) Delivery takes place after receipt of full payment, either by direct handover of the Romantik gift voucher or by dispatch to the Romantik Guest.

(2) At the guest’s choice and expense, vouchers may be sent to the guest’s personal address or directly to a named beneficiary.

(3) Delivery takes place within the delivery period specified for the respective product. If an agreed delivery date is not met, the Romantik Guest must grant a reasonable grace period of at least two weeks.

(4) All delivery periods begin on the day full payment (including VAT and shipping costs) is received.

(5) Compliance with dispatch deadlines is determined solely by the date the goods are handed over by our Romantik Hotel to the shipping service provider.

(6) Our Romantik Hotel shall not be liable for delivery delays or impossibility of delivery caused by force majeure or other unforeseeable events at the time of contract conclusion (e.g. operational disruptions, supply shortages, transport delays, strikes, lawful lockouts, shortages of labor, energy or raw materials, or difficulties in obtaining official approvals). If such events significantly impede or make delivery impossible and are not merely temporary, our Romantik Hotel is entitled to withdraw from the contract. In the case of temporary obstacles, delivery periods shall be extended accordingly plus a reasonable start-up period. If acceptance of the delivery becomes unreasonable for the Romantik Guest, the guest may withdraw from the contract by immediate written notice.

(7) In the cases referred to in paragraph (6), the Romantik Guest will be informed without delay and any payments already made will be refunded promptly.

(8) If our Romantik Hotel is in default of delivery or if delivery becomes impossible for any reason, liability for damages is limited in accordance with § 4 of these General Terms and Conditions.

(9) If the Romantik Guest is a consumer, the risk of accidental loss, damage, or destruction passes to the guest upon delivery of the goods or when the guest is in default of acceptance. In all other cases, the risk passes upon delivery of the goods to the transport company.

(10) If the ordering party is an entrepreneur, the risk of accidental loss and deterioration passes upon handover, or in the case of shipment, upon delivery to the carrier, freight forwarder, or other person designated to carry out shipment.

2.3.5 Right of Withdrawal

2.3.5 Right of Withdrawal for Private Customers / Consumers

Note: The following right of withdrawal applies only if the Romantik Guest is a consumer within the meaning of Section 13 of the German Civil Code (BGB). The following right of withdrawal does not apply to orders of goods that are personalized and/or individually manufactured.

Right of Withdrawal Notice

Right of Withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period shall be 14 days from the day on which you or a third party designated by you, who is not the carrier, has taken possession of the goods.

To exercise your right of withdrawal, you must inform us:

Hotel Waldschlösschen GmbH & Co. KG
Kolonnenweg 152
24837 Schleswig
reception@hotel-waldschloesschen.de

by means of a clear statement (e.g. a letter sent by post, fax or email) of your decision to withdraw from this contract. You may use the attached model withdrawal form, but this is not mandatory.

To meet the withdrawal deadline, it is sufficient for you to send the notification of the exercise of the right of withdrawal before the withdrawal period expires.

Consequences of Withdrawal
If you withdraw from this contract, we shall reimburse all payments received from you, including delivery costs (with the exception of additional costs resulting from your choice of a type of delivery other than the least expensive standard delivery offered by us), without undue delay and no later than 14 days from the day on which we receive notification of your withdrawal from this contract.

For this reimbursement, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees for this reimbursement.

We may withhold reimbursement until we have received the goods back or until you have provided evidence that you have returned the goods, whichever is the earlier.

You must return or hand over the goods without undue delay and in any event no later than 14 days from the day on which you inform us of the withdrawal from this contract, to:

Romantik Hotels & Restaurants AG
Kaiserstraße 53
60329 Frankfurt am Main

The deadline is met if you send the goods before the period of 14 days has expired.

You shall bear the direct costs of returning the goods. You shall only be liable for any diminished value of the goods if such loss in value results from handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

2.3.6 Warranty and Defect Rights

(1) In the event of a material defect of the purchased item, the statutory provisions shall apply.

(2) If the Romantik Guest is a consumer, the guest may primarily demand subsequent performance, i.e. at their choice repair or replacement. If the Romantik Guest is an entrepreneur, Romantik Hotels may choose between repair or delivery of a defect-free item. This choice must be communicated to the Romantik Guest in text form (including fax or email) within three working days of receipt of the defect notification. Our Romantik Hotel may refuse the type of subsequent performance chosen by the Romantik Guest if this would involve disproportionate costs.

(3) If subsequent performance pursuant to paragraph (1) fails, is unreasonable for the Romantik Guest, or is refused by us, the Romantik Guest shall be entitled, in accordance with applicable law, to withdraw from the purchase contract, reduce the purchase price, or claim damages or reimbursement of futile expenses. Claims for damages are additionally subject to the provisions of § 4 of these General Terms and Conditions.

(4) The following applies only to entrepreneurs: The Romantik Guest must inspect the goods immediately upon delivery. The goods shall be deemed approved if a defect
(i) in the case of obvious defects, is not reported within five working days of delivery, or
(ii) otherwise within five working days of discovery of the defect.

(5) If a complaint is unjustified and the item is free of defects, our Romantik Hotel is entitled to charge the Romantik Guest shipping and inspection costs in the amount of EUR 40.00. The Romantik Guest may prove lower costs; we reserve the right to prove higher costs.

(6) The Romantik Guest does not receive any guarantees in the legal sense from our Romantik Hotel. Manufacturer warranties remain unaffected.

2.4 Booking of Package Tours

2.4.1 General

(1) The following provisions apply insofar as our Romantik Hotel acts as a tour operator. This applies in particular to the booking of package tours as described in section 2.2.1. Our Romantik Hotel endeavors to clearly identify package travel services accordingly. These provisions therefore apply in particular to arrangements designated as package tours within the “Experience Worlds”.

(2) Bookings of travel services and arrangements within the Experience Worlds may be made in written, telephone or electronic form directly with our Romantik Hotel or via the booking and reservation website www.romantikhotels.com through the umbrella organization of the hotel and restaurant cooperation “Romantik Hotels & Restaurants AG”.

(3) Online bookings are made directly via the reservation platform of a strategic internet partner of Romantik Hotels & Restaurants AG, namely TourOnline, which provides the booking system. TourOnline is neither a contractual partner nor a travel intermediary nor a tour operator.

2.4.2 Conclusion of Contract and Contractual Partner

(1) The contractual partner for package tours booked by the Romantik Guest is our Romantik Hotel. Pursuant to §§ 651a et seq. BGB, the hotel is responsible for the proper performance of all travel services included in the contract.

(2) The booking process is as follows:
a) Bookings are made exclusively electronically by completing and submitting the booking form. Telephone, electronic or written bookings are entered into the booking system by our Romantik Hotel or by Romantik Hotels & Restaurants AG. After booking, the Romantik Guest receives a binding booking confirmation; paragraph (3)(d) also applies.
b) By clicking the “Book” button, a booking screen opens where the Romantik Guest may select the desired period, room, and any additional services and enter personal data. Alternatively, the guest may create a customer account.
c) Before submitting the booking, all contents including customer data are summarized on an overview page. The Romantik Guest may correct all booking details there. By clicking the “binding booking” button, the Romantik Guest submits a binding offer to conclude a contract with our Romantik Hotel. After booking, the Romantik Guest receives a binding booking confirmation.
d) The contract text is stored by our Romantik Hotel. The Romantik Guest receives these General Terms and Conditions together with the booking confirmation and the required statutory information and may save and print them.

(3) Depending on the type of booking, it may be necessary to provide a credit card number and expiry date during the booking process. The requirement to provide credit card details is expressly indicated during the booking process. These details are transmitted to our Romantik Hotel and verified prior to confirmation of the reservation. The credit card serves as security for payment of all costs incurred for the booked accommodation and may therefore also be charged for any cancellation fees or compensation claims.

(4) The Romantik Guest confirms that all information provided during the booking or registration process (e.g. name, address, email address) is accurate. Any changes must be communicated to our Romantik Hotel without delay. As order processing and communication usually take place by email, the Romantik Guest must ensure that emails can be received at the specified address.

(5) In the case of verbal or telephone booking confirmations, our Romantik Hotel will usually also send the Romantik Guest a written version of the booking confirmation. However, verbal or telephone bookings by the Romantik Guest result in a binding contract upon corresponding binding verbal or telephone confirmation by our Romantik Hotel even if the written confirmation is not received by the Romantik Guest

2.4.3 Prices and Payment

(1) Unless stated otherwise, all prices apply per room/night or per person/night. Reference is made in each case to the description in the respective offer. The prices stated in the booking offer are final prices and include statutory VAT. Spa taxes, visitor’s taxes, accommodation taxes, as well as costs for optional or additional services booked or used on site, are to be paid separately. Taxes and other charges applicable to accommodations abroad are governed by the respective local regulations.

(2) The costs for accommodation and any ancillary services shown during the booking process are to be paid by the Romantik Guest directly to our Romantik Hotel or to the third-party provider of the ancillary services, unless otherwise agreed between us and the Romantik Guest.

(3) The due dates for any deposit and the remaining balance are governed by the agreement made between the Romantik Guest and our Romantik Hotel and stated in the booking confirmation. If no special agreement has been made, the total accommodation price, including charges for ancillary costs and additional services, is due for payment at the end of the stay and must be paid to our Romantik Hotel.

(4) Our Romantik Hotel – but not the umbrella organization Romantik Hotels & Restaurants AG itself – is entitled, after conclusion of the contract, to request a deposit of up to 20% of the total price of the accommodation services and booked additional services, unless otherwise agreed in individual cases with regard to the amount of the deposit.

(5) Payments in foreign currencies and by cheque are not accepted. Credit card payments are only possible if agreed or offered by our Romantik Hotel by public notice.

(6) If the Romantik Guest fails to pay an agreed deposit, despite a reminder from the respective provider and the granting of a reasonable grace period, not at all or not in full within the specified period, we are entitled – provided that we ourselves are ready and able to perform the contractual services and provided that no statutory or contractual right of retention exists on the part of the Romantik Guest – to withdraw from the contract with the Romantik Guest and to demand withdrawal charges in accordance with section 2.2.5 of these Terms and Conditions.

(7) The Romantik Guest is also advised to take out travel cancellation insurance or insurance covering the costs of assistance, including repatriation, in the event of accident, illness or death.

2.4.4 Right of Withdrawal

In accordance with statutory requirements, the Romantik Guest is hereby informed that, pursuant to Section 312g para. 2 sentence 1 no. 9 BGB, no right of withdrawal exists for accommodation contracts concluded by distance selling means (letters, catalogues, telephone calls, fax transmissions, emails, messages sent via mobile communication services (SMS), as well as broadcasting and telemedia). Instead, only the statutory provisions governing non-utilization of rental services (§ 537 BGB) apply.

However, a right of withdrawal does exist if the accommodation contract is concluded outside of business premises, unless the oral negotiations on which the conclusion of the contract is based were conducted at the prior request of you as a consumer; in the latter case, no right of withdrawal exists either.

2.4.5 Arrival / Departure / Cancellation / Transfer of Contract

(1) The following provisions apply unless otherwise agreed between the Romantik Guest and our Romantik Hotel in individual cases.

(2) The Romantik Guest must vacate the accommodation at the agreed time, or, in the absence of a specific agreement, no later than 10:00 a.m. on the day of departure. If the accommodation is not vacated on time, our Romantik Hotel may charge an appropriate additional fee. The assertion of further damages remains reserved.

(3) If a time limit for check-in is specified for the selected type of reservation, the reservation shall lapse in the event of late arrival. In such case, there is no longer any entitlement to accommodation.

(4) The Romantik Guest is entitled to withdraw from the contract at any time prior to commencement of travel upon payment of reasonable compensation or a lump-sum compensation in accordance with paragraph (5).

(5) Based on the percentages recognized by case law for assessing saved expenses, the Romantik Guest is obliged to pay our Romantik Hotel the following lump-sum cancellation fees, each calculated on the basis of the total price of the accommodation services (including all ancillary costs), excluding spa taxes or other municipal charges:

a) Accommodation without meals: 90%
b) Bed and breakfast: 80%
c) Half board: 70%
d) Full board: 60%

(6) This shall not apply if
a) our Romantik Hotel has granted the Romantik Guest a free right of cancellation and the declaration by the Romantik Guest exercising this free right of cancellation, which does not require any specific form, is received by us within the applicable deadline; or
b) unavoidable and extraordinary circumstances occur at the destination or in its immediate vicinity which significantly affect the performance of the package tour.

(7) The Romantik Guest expressly reserves the right to prove to our Romantik Hotel that the saved expenses were substantially higher than the deductions taken into account above, or that the accommodation services or other services were put to alternative use. In such a case, the Romantik Guest shall only be obliged to pay the correspondingly reduced amount.

(8) In all cases, the withdrawal declaration must be addressed directly to our Romantik Hotel and must be made in text form.

(9) The Romantik Guest is furthermore entitled to transfer the package travel contract to a third party, provided that the declaration to this effect is received by our Romantik Hotel no later than seven days prior to commencement of travel and provided that we do not object to the substitution of the third party pursuant to § 651e BGB. The Romantik Guest’s declaration must be made in writing. In all other respects, § 651e BGB applies.

2.4.6 Defect Rights

(1) In the event of a defect, the statutory provisions of §§ 651i et seq. of the German Civil Code (BGB) shall apply.

(2) The Romantik Guest may primarily demand remedy in accordance with § 651k BGB. For this purpose, the guest must grant our Romantik Hotel a reasonable period for remedy, unless Romantik Hotels refuses remedy or immediate remedy is necessary; in such cases, as well as in the event that the deadline is not met, the Romantik Guest is entitled to remedy the defect themselves and to demand reimbursement of the necessary expenses incurred.

If our Romantik Hotel is entitled to refuse remedy pursuant to § 651k para. 1 no. 2 BGB and the travel defect affects a substantial part of the travel services, the Romantik Guest is entitled to remedy by appropriate substitute services.

(3) Furthermore, the Romantik Guest is entitled, in accordance with statutory provisions, to terminate the travel contract (§ 651l BGB), reduce the travel price (§ 651m BGB), or claim damages (§ 651n BGB). Claims for damages by the Romantik Guest are additionally subject to the special provisions of section 2.4.8 of these General Terms and Conditions.

(4) The Romantik Guest must notify our Romantik Hotel of any travel defect without undue delay; otherwise, the guest is not entitled to reduce the travel price or claim damages.

(5) Claims relating to travel defects become time-barred within two years, beginning on the day on which the package tour should have ended in accordance with the contract.

2.4.7 Duty of Assistance of the Tour Operator

If the Romantik Guest finds themselves in difficulty in the case of § 651k para. 4 BGB or for other reasons, our Romantik Hotel shall provide appropriate assistance by supplying information and support in establishing remote communication connections and in finding alternative travel arrangements.

If the Romantik Guest has intentionally or negligently caused the circumstances requiring assistance themselves, our Romantik Hotel is entitled to demand reimbursement of the necessary expenses incurred, provided these were reasonable and actually incurred.

2.4.8 Limitation of Liability

By way of exception to the liability limitations pursuant to § 4 of these General Terms and Conditions, the statutory liability provisions apply to package tours subject to the following limitation: insofar as our Romantik Hotel is liable for third parties, liability for damages is limited in amount to three times the travel price. This limitation does not apply to personal injury or damage caused intentionally or by gross negligence.

§ 3 Bringing Animals, Other Obligations of the Guest

(1) The Romantik Guest is obliged to use the accommodation and its facilities, as well as all facilities of our Romantik Hotel, only for their intended purpose and, where applicable (e.g. swimming pool and sauna), in accordance with the applicable house rules, and to treat them with care.

(2) The Romantik Guest is obliged to comply with any house rules or courtyard rules that have been communicated to them or of which they could reasonably have taken notice based on appropriate notices.

(3) Bringing and accommodating pets in the accommodation is permitted only if expressly agreed and only if our Romantik Hotel provides for this possibility in the offer. Within the scope of such agreements, the Romantik Guest is obliged to provide truthful information regarding the type and size of the pet. Violations may entitle us to extraordinary termination of the accommodation contract.

§ 4 Limitation of Liability

4.1 General

(1) Subject to the other statutory requirements for claims, the following exclusions and limitations of liability apply to any liability of our Romantik Hotel for damages.

(2) Our Romantik Hotel is liable without limitation for damages caused by intent or gross negligence.

(3) In the case of simple negligence, our Romantik Hotel is liable—irrespective of the legal basis—only for damages caused by the breach of an essential contractual obligation. Essential contractual obligations are those whose fulfillment is necessary to enable proper performance of the contract and whose breach endangers the achievement of the purpose of the contract, and on the compliance with which the Romantik Guest or contractual partner may regularly rely (so-called cardinal obligations).

(4) Where our Romantik Hotel is liable for simple negligence pursuant to paragraph (3), liability is limited to damages that were typically foreseeable at the time of conclusion of the contract based on the circumstances known at that time.

(5) Otherwise, liability for damages of any kind, regardless of the legal basis, including liability for culpa in contrahendo, is excluded.

(6) The above exclusions and limitations of liability do not apply where our Romantik Hotel has assumed a guarantee as to the quality of the goods, nor to damages to be compensated under the Product Liability Act, nor to damages to life, body or health, nor to mandatory statutory claims.

(7) The above exclusions and limitations of liability also apply in favor of the employees, agents, vicarious agents and other third parties engaged by our Romantik Hotel in the performance of the contract.

(8) The above provisions do not entail a change in the burden of proof to the detriment of the Romantik Guest.

4.2 Liability in the Event of Impossibility

Where delivery or performance is impossible, our Romantik Hotel shall be liable in accordance with statutory provisions in cases of intent or gross negligence, as well as in the event of culpably caused injury to life, body or health. In other cases of impossibility, the Romantik Guest’s claim for damages in addition to and/or in lieu of performance, including compensation for futile expenses, shall be limited in total to 5% of the value of the delivery/performance.

Any further claims of the Romantik Guest due to impossibility of delivery/performance – even after expiry of any deadline for performance set for our Romantik Hotel – are excluded. This limitation does not apply in the event of culpable breach of essential contractual obligations; however, claims for damages arising from culpable breach of essential contractual obligations are limited to the foreseeable damage typical for the contract (see paragraph 3), unless another case pursuant to sentence 1 applies simultaneously.

The Romantik Guest’s right to withdraw from the contract remains unaffected. The above provisions do not entail any change in the burden of proof to the detriment of the Romantik Guest.

4.3 Liability for Third-Party Services and Data Communication

(1) Our Romantik Hotel shall not be liable for service disruptions in connection with services that are clearly identifiable to the Romantik Guest during the stay as third-party services merely arranged by us (e.g. excursions, admission tickets, tickets for transport services, sporting events, theatre performances, exhibitions, etc.). The same applies to third-party services arranged by the Romantik host already in conjunction with the booking of accommodation, provided these are expressly designated as third-party services in the offer or booking confirmation.

(2) Our Romantik Hotel shall not be liable for the conclusion of a booking.

(3) Data communication via the internet cannot, according to the current state of technology, be guaranteed to be error-free and/or available at all times. Our Romantik Hotel therefore assumes no liability for the continuous and uninterrupted availability of the online service www.romantikhotels.com, nor for technical or electronic errors in a booking, ordering or reservation process over which our Romantik Hotel has no influence, in particular not for delayed processing or acceptance of offers or acceptances.

§ 5 Copyrights / Intellectual Property Rights

(1) The Romantik Guest shall bear all reasonable costs incurred by our Romantik Hotel as a result of an infringement of third-party rights caused by the Romantik Guest, including reasonable legal defense costs. Any further rights and claims for damages of our Romantik Hotel remain unaffected.

(2) The above obligations of the Romantik Guest do not apply insofar as the Romantik Guest is not responsible for the respective infringement of rights.

(3) The website www.romantikhotels.com contains data, information and presentations that are protected by trademark and/or copyright law in favor of the umbrella organization “Romantik Hotels & Restaurants AG” or, in individual cases, also in favor of third parties. Any reproduction or use, in whole or in part, of images, graphics, texts or other content of the website, including use in other electronic or printed media and publications—particularly copies, reprints, processing, electronic archiving, transfer of data to other storage media or use for purposes other than those provided for herein—is permitted only with the prior written consent of the umbrella organization “Romantik Hotels & Restaurants AG”. This applies equally to the data, information, presentations and protected rights published on our hotel website.

(4) Expressly permitted is reproduction that is technically necessary for browsing purposes, provided that such action does not serve commercial purposes, as well as permanent reproduction for personal use.

(5) Any unlawful use of the designations, designs, logos and trademarks listed in paragraph (4) without the granting of rights by Romantik Hotels constitutes an infringement of the industrial property rights of the umbrella organization “Romantik Hotels & Restaurants AG”; this applies equally to the protected rights of our Romantik Hotel.

§ 6 Miscellaneous

(1) Links contained on www.romantikhotels.com and on our Romantik Hotel website to websites of other companies (third-party providers) are provided solely in the interest of the Romantik Guest. By clicking on such a link, the website of the umbrella organization “Romantik Hotels & Restaurants AG” or our website is left. Neither we nor the umbrella organization “Romantik Hotels & Restaurants AG” have any influence over the content of third-party websites. Therefore, neither we nor the umbrella organization “Romantik Hotels & Restaurants AG” assume any responsibility or liability for the accuracy, completeness or legality of such third-party content.

(2) The following conduct is prohibited:

a) Any form of exploitation, distribution, reproduction, processing, translation, publication, making available to the public or decompilation of the website, its content and databases connected to the website—even in modified form—by using automated devices or manual processes (including so-called “screen scraping”); monitoring the website or the platforms or systems of the umbrella organization “Romantik Hotels & Restaurants AG” using bots, spiders or other automated means, with the exception of non-commercial public archives that use tools to collect information solely for the purpose of displaying hyperlinks on the website, provided this is done from a static IP address or a range of IP addresses;

b) Use of the website or the platforms or systems of the umbrella organization “Romantik Hotels & Restaurants AG” for purposes other than those specified in these General Terms and Conditions;

c) Use of the website or the tools and services on the website for the purpose of booking or advertising the rental of accommodation that is not offered as part of a genuine listing;

d) Reproduction of any part of the website on another website or on other data carriers using devices, in particular image storage, or framing of the website (“framing”) or other framing techniques, or mirroring or duplication of parts of the website;

e) Use of or access to the systems of the umbrella organization “Romantik Hotels & Restaurants AG” in a manner that could endanger the computer system or network, e.g. by transmitting a virus, posting or transmitting information that is false, fraudulent, deliberately misleading or constitutes “phishing”, or that may lead to criminal or civil liability;

f) The onward brokerage or resale of accommodations booked via www.romantikhotels.com or otherwise is prohibited. This includes in particular the resale of accommodations to third parties at higher prices. The umbrella organization “Romantik Hotels & Restaurants AG” reserves the right to exclude the Romantik Guest from future brokerage services in the event of violations of this provision. In such cases, the umbrella organization “Romantik Hotels & Restaurants AG” and/or our Romantik Hotel are also entitled to cancel the booking. In addition, the Romantik Guest is obliged to pay cancellation fees and to compensate for any damages incurred by the umbrella organization “Romantik Hotels & Restaurants AG” or our Romantik Hotel.

These rules of conduct apply equally to the website of our Romantik Hotel.

§ 7 Data Protection and Participant Identification

(1) In order to enable the booking of arrangements, the brokerage of accommodation and/or event contracts, or the purchase of gift vouchers or other services and goods, Romantik Hotels & Restaurants AG, Kaiserstr. 53, 60329 Frankfurt am Main, Germany, Tel.: +49 (0) 69/66 12 34-0, Fax: +49 (0) 69/66 12 34-56, E-mail: datenschutz@romantikhotels.com, registered with the Register Court Frankfurt am Main under HRA 30092, as well as our Romantik Hotel (Hotel Waldschlösschen GmbH & Co. KG, Kolonnenweg 152, 24837 Schleswig, Germany, Tel.: +49 (0) 4621/3830, www.hotel-waldschloesschen.de) (hereinafter jointly referred to as “Romantik Hotels”), collect, process and use the guest’s master data (first and last name, address, e-mail address, telephone number, etc.), stay data (arrival/departure dates), turnover data, IP address, and other personal data provided by the Romantik Guest to the Romantik Hotels umbrella organization or to a Romantik Hotel or Romantik Restaurant listed under the umbrella organization Romantik Hotels & Restaurants AG (personal data). Data of the individual Romantik Hotels are also transmitted to Romantik Hotels & Restaurants AG and processed there.

(2) Romantik Hotels collect, process and use personal data for the purpose of enabling the Romantik Guest to retrieve the desired services of Romantik Hotels via the Romantik Hotels website or to organize the stay at one of the Romantik Hotels and Restaurants in the interest of guest-friendly hospitality, which simultaneously constitutes the legitimate interest of the guest. The legal basis for data processing is therefore Art. 6 (1) (b) and (f) GDPR. A further purpose is to identify multiple bookings by the guest and to increase customer satisfaction.

(3) The data are stored for as long as required for the respective purposes. However, the maximum retention period is 10 years from the time of collection or the last data reconciliation, whichever constitutes the last data processing operation. If no data reconciliation (i.e. no online booking) takes place for more than 10 years, the data will be deleted both from the central system and from the hotel management system.

(4) The personal data are stored and processed on servers operated by our Romantik Hotel, on Romantik Hotels’ own servers, on servers of ennit AG, Projensdorfer Str. 324, D-24106 Kiel, Germany, and on servers of TourOnline AG, Borsigstr. 26, 73249 Wernau, Germany. Data are not transferred to third countries.

(5) The Romantik Guest has the right at any time to obtain information regarding the personal data relating to him or her that are collected, processed and used. The data protection obligations pursuant to Arts. 15–21 GDPR are fully complied with. Requests for information are to be addressed to Romantik Hotels & Restaurants AG, Kaiserstr. 53, 60329 Frankfurt am Main, Germany, Tel.: +49 (0) 69/66 12 34-0, Fax: +49 (0) 69/66 12 34-56, or by e-mail to datenschutz@romantikhotels.com. Insofar as the data concern information collected and stored by our Romantik Hotel itself, the request is to be addressed to: Hotel Waldschlösschen GmbH & Co. KG, Kolonnenweg 152, 24837 Schleswig, Germany, Tel.: +49 (0) 4621/3830, reception@hotel-waldschloesschen.de.

(6) The Romantik Guest is comprehensively informed about the type, scope, location and purpose of the collection, processing and use of the personal data required for the execution of orders, as well as about his or her right to object to the use of anonymized usage profiles for advertising purposes, market research and the demand-oriented design of the service.

§ 8 Dispute Resolution

Our Romantik Hotel is generally willing to participate in dispute resolution proceedings in accordance with the German Consumer Dispute Resolution Act (VSBG). The European Commission provides a platform for online dispute resolution (ODR), which the Romantik Guest can access at ec.europa.eu/consumers/odr/ or via the link provided in the legal notice (Imprint) of Romantik Hotels. Consumers have the option to contact this platform for the resolution of their disputes. For questions regarding possible dispute resolution, you are welcome to contact our Romantik Hotel at reception@hotel-waldschloesschen.de.

§ 9 Applicable Law and Place of Jurisdiction

(1) The law of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods (CISG) and conflict-of-law rules.

(2) If the Romantik Guest is a merchant, a legal entity under public law or a special fund under public law, or if the Romantik Guest does not have a general place of jurisdiction in the Federal Republic of Germany, the place of jurisdiction for all disputes arising from the business relationship between our Romantik Hotel and the Romantik Guest shall be the registered office of our Romantik Hotel. Mandatory statutory provisions regarding exclusive places of jurisdiction remain unaffected.

09.01.2026