GENERAL CONTRACTUAL TERMS AND CONDITIONS FOR THE PURCHASE OF VOUCHERS

1. General

1.1. The following General Contractual Terms and Conditions (GTC) apply exclusively to the ordering of vouchers via this web shop.

1.2. The contract language is German.

 

2. Conclusion of contract

2.1. The purchase contract is concluded with: Hotel Bayerischer Hof Gebrüder Volkhardt KG, Promenadeplatz 2-6, 80333 Munich, Tel.: +49 89.21 20-0, Fax: +49 89.21 20-906, E-Mail: info@bayerischerhof.de, Munich District Court HRB 48397.

2.2. The purchase contract is concluded through offer and acceptance. The vouchers shown in our online shop do not constitute an offer to conclude a purchase contract, but merely an invitation to the customer to make an offer to conclude a purchase contract. Offers can be made via the online order form (shopping cart), email or telephone.

2.3. When using our online order form, the customer only submits his offer as follows: By clicking the "Buy" button in the last step of the ordering process, the customer makes a binding offer to conclude a purchase contract for the vouchers in the shopping cart. Completion of the ordering process requires prior confirmation of the Acknowledgement and inclusion of these terms and conditions. This is done by clicking the corresponding box next to the note "I have read the terms and conditions and agree to them". Confirmation of receipt of the order placed via our online shop is sent with an email called "Your order confirmation from Bayerischer Hof". This automatic confirmation of receipt merely informs the customer that we have received the order and does not constitute acceptance of the contract.

2.4. Acceptance of the offer by Bayerischer Hof occurs by sending the voucher to the customer by email or post. If the customer receives the voucher by email, the customer must print out the voucher in order to redeem it.

2.5. If the customer wishes to use the voucher for different services from Hotel Bayerischer Hof Gebr. Volkhardt KG, a value related voucher must be used, as special occasion vouchers can only contain one service for logistical reasons.

 

3. Order process, storage of the contract text

3.1. The customer submits the offer via our online order form as follows:

• The customer first selects a voucher by clicking on it in the online shop. In the next step, he can select the desired order quantity and the shipping method (email or post) and place the voucher in the desired number of vouchers in a virtual shopping cart by clicking on the "Add to cart" button. In the following window, the customer is confirmed that the selected product is in the shopping cart. He now has the option of selecting "Continue shopping" or "Checkout".

• By clicking on the "Continue shopping" button, the customer can add further items to the shopping cart. He then returns to the online shop and can add more products to the shopping cart. By clicking the "Bag" button in the bar at the top of the page, the customer can edit his order. This takes him to an overview of all the items in the shopping cart and he can remove them from the shopping cart by clicking on the corresponding button or vary the order quantity by changing the number.

• Alternatively, the customer can continue his order by clicking on the "Checkout" button. Clicking on the "Checkout" button opens another window. The customer must now authorize himself by entering his login details (email address and password) in order to continue the order process by clicking on the "Login" button. If the customer does not yet have login details, he can register as a new customer. To do this, he clicks the "Create account" button. After filling in the marked mandatory fields, the customer clicks the "Register" button. He then goes to the "Order details" page. This page can also be reached by the already registered customer who has clicked on the "Login" button after entering his login details.

• After the customer clicks on "Continue" the desired payment method can be selected. The payment methods "Instant wire transfer", "Credit card" (VISA, MasterCard, American Express, Diners Club) and "Paypal" are available and can be selected as desired. After another click on the "Continue" button the billing and/or delivery address can be changed once again. After the customer has confirmed by clicking on the General Terms and Conditions, that he has read the terms and conditions and agree to them), he completes the order process by clicking on the "Buy" button. This will place the order for the items in the shopping cart in the specified quantity and at the specified price.

3.2. The customer can correct input errors in the order form before sending the order, using the computer keyboard and mouse functions. If the customer wants to make corrections to his entries on previous pages, he can use the corresponding function in his browser to call up the previously accessed website again.

3.3. The contract text is included in the order confirmation. The general terms and conditions are made available to the customer via a link on the website and also in text form or in writing at the latest upon delivery of the goods.

 

4. Right of withdrawal

4.1. If the customer is a consumer within the meaning of Section 13 of the German Civil Code (BGB), he has a right of withdrawal in accordance with the statutory provisions. The regulations that are set out in detail in the following cancellation policy apply to the right of withdrawal.

Cancellation policy

Right of withdrawal

If you are an end consumer, you have the right to cancel this contract within fourteen days without giving any reason. However, there is no right of withdrawal if the voucher is for the provision of services in the areas of accommodation, transport, delivery of food and drinks and leisure activities and the hotel has undertaken to provide the services at a specific time or within a precisely specified period. This is particularly the case for vouchers with a specific reservation date.

The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, took possession of the goods.

To exercise your right of withdrawal, you must inform us, Hotel Bayerischer Hof, Gebrüder Volkhardt KG, Promenadeplatz 2-6, 80333 Munich, Tel: +49 89.21 20-894, gutschein@bayerischerhof.de, by means of a clear declaration (e.g. a letter sent by post or email) of your decision to withdraw from this contract. You can use the following sample withdrawal form for this purpose, but this is not mandatory.

To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right of cancellation before the cancellation period has expired.

Consequences of cancellation

If you cancel this contract, we will refund all payments that we have received from you, including delivery costs (with the exception of additional costs resulting from your choosing a different type of delivery than the cheapest standard delivery offered by us), promptly and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged any fees for this refund. We may refuse to refund until we have received the goods back or until you have provided evidence that you have returned the goods, whichever is earlier.

You must return or hand over the goods to us promptly and in any event no later than fourteen days from the date on which you notify us of the cancellation of this contract. This deadline is met if you send the goods before the expiry of the fourteen-day period.

You bear the direct costs of returning the goods.

You only have to pay for any loss of value of the goods, if this loss of value is due to handling of the goods which is not necessary to check their quality, properties and functioning.

END OF THE CANCELLATION POLICY

Sample cancellation form

(If you want to cancel the contract, please fill out this form and send it back.)

• To Hotel Bayerischer Hof, Gebrüder Volkhardt KG, Promenadeplatz 2-6, 80333 Munich, or to gutschein@bayerischerhof.de.

• I/we (*) hereby cancel the contract concluded by me/us (*) for the purchase of the following vouchers (*)

• Order number:

• Ordered on (*)/received on (*)

• Name of the consumer(s)

• Address of the consumer(s)

• Signature of the consumer(s) (only if notification is made on paper)

• Date

*) Delete as appropriate

 

4.2. The right of withdrawal does not apply to the purchase of vouchers for services in the areas of accommodation for purposes other than residential purposes, transport of goods, delivery of food and drinks and for the provision of other services in connection with leisure activities, if a specific date or period is planned for the provision.

 

5. Prices and shipping costs

5.1. All prices in our online shop are gross prices including statutory VAT and are plus shipping costs of currently EUR 4.00 if the customer has chosen delivery by post.

5.2. Vouchers can be booked from a minimum value of EUR 20.00, in the accommodation sector from EUR 300.00. If it is a voucher for a specific service, the service is always printed in addition to the value of the voucher.

5.3. The price including VAT and any additional shipping costs is also displayed in the shopping cart before the customer submits the order.

 

6. Terms of use

6.1. Based on the purchase of a voucher from the hotel, the customer is generally entitled to request the service listed on the voucher from the hotel. The service to be provided by the hotel on the basis of the voucher is based on these contractual conditions. The hotel is only obliged to provide the service upon presentation of the voucher (small bearer document according to §§ 807, 793 ff. BGB).

6.2. The customer is entitled to pass the voucher on to third parties, in particular to give it away. At the customer's request, the hotel will specify a third party on the voucher form who is to receive the voucher. Specifying a name on the voucher does not affect the legal quality of the voucher described under 6.1.

6.3. If the voucher is issued for a specific service, but the price of the service offered has increased at the desired time of redemption of the voucher, the respective surcharge must be paid for using the service. An exception applies if the price of the service offered has increased less than four months after the voucher was issued; in this case, the Hotel Bayerischer Hof Gebr. Volkhardt KG will cover the difference. This obviously does not apply to value vouchers only.

6.4. Vouchers cannot be paid out. However, it is possible to change the service within the validity period, e.g. to a voucher for free use for services provided by the Hotel Bayerischer Hof Gebr. Volkhardt KG including the Gebrüder Volkhardt wine wholesaler. Service vouchers are valid until the expiry date printed on them. After this, service vouchers can be converted into vouchers.

6.5. The balance of a voucher cannot be used for tips and/or expenses.

6.6. For an additional charge, the value of the voucher can be exchanged for a higher-value service or value voucher. The validity of the voucher does not change in any of the cases mentioned above; the voucher continues to have the validity period of the originally issued voucher.

6.7. If the voucher is not fully consumed on site, a new voucher can be issued for the remaining value if the remaining value is €20.00 or more.

6.8. The exchange, increase and issue of new (residual value) vouchers is only possible on site in our hotel shop. If you do not wait for the new voucher to be issued, it can also be deposited in our hotel. If you would like to receive the new voucher by post, the postage costs of currently €4.00 for secure delivery by registered mail will be deducted from the remaining value of the voucher.

6.9. Vouchers purchased for our company generally have a term of 3 years to the end of the year. An example: If the purchase date is March 15, 2025, the voucher is valid until December 31, 2028.

6.10. If an invoice with VAT is required for the voucher, please let us know. In the case of vouchers, invoices with VAT can only be issued when the service is provided, i.e. when it is redeemed, since it is only at this point that it is clear which VAT rate is to be applied.

6.11. If the customer effectively revokes his contractual declaration, the customer can, under the statutory conditions, request reimbursement of costs already paid for shipping to the customer (shipping costs).

 

7. Delivery

After receipt of payment, the voucher will be sent to the customer by email to the email address provided or by post to the delivery address provided, at his discretion. If the customer has chosen the shipping method "by email", he will receive the voucher as a PDF document immediately after completing the order process and registering the payment. If the customer has chosen the shipping method by post, the goods will be handed over to Deutsche Post for shipping by registered mail within 1-2 working days after receipt of payment for delivery within Germany.

 

8. Payment options, electronic invoice

8.1. Payment is made by credit card (VISA, Master Card, American Express, Diners Club), PayPal or instant bank transfer. We reserve the right to exclude individual payment methods or to only offer selected payment methods.

8.2. The customer receives an electronic invoice with the email referred to as "Your order confirmation from Bayerischer Hof". An electronic invoice is an invoice that is issued and received in an electronic format. The customer agrees to electronic invoice transmission.

8.3. The customer is obliged to comply with the legal provisions applicable to him in connection with the payment. This applies in particular to the national and international provisions for the prevention of money laundering.

 

9. Data protection

9.1. We collect and store the customer's data necessary for business transactions. When processing the customer's personal data, we observe the legal provisions. Details can be found in the "Data Protection Guidelines" available on our online offer.

9.2. The customer can receive information about the data stored about him on request at any time.

 

10. Provider identification, address for service of process

Our address for complaints and other declarations of intent as well as our address for service of process is: Hotel Bayerischer Hof, Gebrüder Volkhardt KG, Promenadeplatz 2-6, 80333 Munich.

 

11. Choice of law and place of jurisdiction

11.1. German law applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

11.2. For contracts with merchants, the exclusive place of jurisdiction is Munich, as far as legally permissible.