Local Information
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17:41


Imprint

Regent Berlin GmbH
Charlottenstraße 49
10117 Berlin

Tel: +49 (0) 30 2033 8
Fax:+49 (0) 30 2033 6119

E-Mail: info.berlin@regenthotels.com

Manager:
Mario Maxeiner, Thomas Hoffelner, Aernout de Jong

VAT No.:
DE 217929090

entry in the Commercial Register:
HRB 79456, Amtsgericht Hamburg

General Terms and Conditions for hotel stays and events

Scope of validity
These General Terms and Conditions apply exclusively to all hotel services and supplies.
In the event that the hotel changes its General Terms and Conditions (GTC) before the contract ends, the amended version shall be assumed to apply to the contract as long as the counterparty has reasonable opportunity to acknowledge the new GTC in printed form, has been informed of the legal consequences of such, and does not object to the application of the new GTC within fourteen days after acknowledgement.
The above shall apply to business and private customers. A business customer may be a natural person or legal entity or partnership concluding legal transactions as part of its commercial or professional freelance activity. A legal partnership is a partnership with the capacity to acquire rights and enter into obligations according to BGB [German Civil Code] §14. A private customer is any natural person entering into a legal transaction for purposes that do not mainly involve either commercial or professional freelance activity (cf. BGB §13).
General terms and conditions of the customer shall not apply, even in the case the hotel did not explicitly object to them. Any deviating or contradicting general terms and conditions will only apply to the contract if the hotel consents to their inclusion in whole or in specific points in writing..

II. Conclusion, parties and limitation periods
1 The contract (hereinafter referred to as the reservation) shall only come into force on acceptance by the hotel. The hotel may confirm the reservation in writing.

If a travel agent or tour operator acting on the customer’s behalf rather than the customer itself should request the reservation, the hotel may address reservation confirmation to the travel agent or tour operator instead. The tour operator and customer shall then be jointly and severally liable for all obligations arising from the contract as long as the hotel has a corresponding declaration from the tour operator.
All mutual claims shall be subject to limitation periods. Claims against the hotel shall expire within one year of acknowledgement of circumstances giving rise to the claim according to BGB §199 Para 1. Claims for compensation shall expire after five years from acknowledgement unless such claims are based on injury to life and limb or health and liberty. The limitation period shall not apply to claims arising from gross negligence or intent on the part of the hotel or its legal representatives or vicarious agents, or intentional or negligent breach of major contractual obligations. Major contractual obligations in the context of these General Terms and Conditions refer to obligations whose fulfilment is essential for contract performance, and obligations that the customer may expect to be fulfilled in the ordinary course of business. The limitation period for liability due to culpable injury to life and limb shall remain unaffected, and shall be calculated according to statutory regulations. This shall also apply to mandatory provisions under the German Product Liability Act [Produkthaftungsgesetz].
The hotel shall collect and apply probability values in deciding on the conclusion, performance, or termination of a contract.

III. Services, prices, payment, deductions

The hotel shall render the services ordered by the customer and agreed upon by the hotel.
The customer shall pay for these and other services provided by the hotel at the agreed or customary prices and rates. This shall apply to expenses and payments from the hotel to third parties as caused by the customer, especially claims from copyright collectives.
The agreed prices include statutory VAT. Prices charged shall be adjusted according to any change in statutory VAT on the day of performance. This shall not apply to private customers.
The agreed price charged to the customer may be raised to accommodate any increase in price charged by up to 10% if the period between contract conclusion and due performance by the hotel should exceed four months. The hotel may also adjust the price accordingly if the customer later wishes, and the hotel agrees, to change hotel services such as the number of rooms or guests, or length of stay.
Hotel bills without a due date shall be payable upon receipt by the customer. The hotel may charge a reminder fee of €2.50 for each reminder sent. The hotel may also charge the statutory default interest rate applicable for non-payment, which is currently eight percentage points above the base rate, or five percentage points above the base rate for private customers. The hotel may additionally charge for additional compensation on documented damages.
The following shall require prior written consent from the hotel on waiver of BGB §540 Para 1 Sentence 2 for non-private customers: subletting rooms reserved or other rooms, areas or display cabinets; or invitations for job interviews, sales or similar events.
The Hotel may demand reasonable advance payment or security deposit on or after contract conclusion. The hotel may also subsequently demand an extension to any advance payment or security deposit according to the first sentence in this provision in justified cases such as extension to the scope of the contract.
The advance payment amount and payment deadline may be agreed in writing in the contract.
The hotel reserves the right to make a pre-approved authorization of the customer´s credit card to ensure that sufficient funds are available to cover the total value of the stay. The customer grants his approval for the pre-approved authorization of his credit card.
The customer may only deduct undisputed or legally binding counterclaims against the hotel from payments due to the hotel.
The Berlin overnight tax by-law (ÜnStG) prescribes a 5% city tax on the net accommodation price plus a reduced VAT rate of 7% for all guests. Business costs from paid overnight stays are exempt from city tax according to ÜnStG §1 Para 3 on condition that an overnight guest can provide a credible reason for the business nature of his or her overnight stay at the hosting establishment. Group reservations and contractually concluded events involving a set number of rooms are offered without city tax; city tax shall be charged on all non-business overnight stays.
Day rooms are charged at 30% of the standard overnight rate for room use up to 2 PM, and 50% of the standard overnight rate up to 6 PM. The full rate is charged for stays after 6 PM.

IV. Customer cancellation or withdrawal, non-use of contractually agreed services

If the customer cancels the arrival or event, the price agreed in the contract including percentage calculation in the following paragraphs 2, 3, 4, and 5, and any payments to third parties shall be due for payment even if the customer does not use the services. This shall not apply where the hotel breaches its obligation to honour the rights, legal entitlements and vested interests of the customer, if the customer cannot reasonably be expected to uphold the contract, or where statutory or contractual cancellation rights exist.
The following additional rules apply to group contracts at ten guest rooms or more with a group contract covering individual reservations: If no right to cancel or withdraw from the contract has been agreed, there shall also be no statutory right to cancellation or withdrawal; the hotel is still entitled to the agreed payment even if the customer does not use any of the services if the hotel refuses to accept a contract cancellation. The hotel shall deduct proceeds from renting the rooms to other parties as well as expenses saved. The hotel may deduct a commensurate fixed amount on expenses saved on failure to rent the rooms to other parties. The hotel is entitled to the following payment on room cancellations after the contract has been signed:
General Terms and Conditions
for hotel stays and events

10% for cancellation up to 91 days before the intended arrival date
40% for cancellation between 90 and 61 days before the intended arrival date
60% for cancellation between 60 and 31 days before the intended arrival date - 90% for cancellation between 31 days and the planned day of arrival
This shall be calculated on the agreed room price multiplied by the number of rooms cancelled. The hotel will offer the cancelled rooms to other parties. The customer that cancelled the contract shall bear any difference between the room price actually charged and a higher room price as agreed in the contract with the customer. The full room price shall also be charged if the guest should depart before a minimum reservation period has elapsed unless the hotel is able to rent the room to another party at least the same terms. The customer may object to any fixed amounts charged by the hotel on documentation that these claims are unjustified in whole or at the amount charged by the hotel.

Events according to this term come about by contracts for renting conference, banquet or function rooms for events such as banquets, seminars, conferences, exhibitions, or presentations, and for any other customer services and supplies from the hotel. If the customer cancels the date of the event after booking an event, the hotel may bill the following plus the amount specified under IV No. 2:
Any rescission of the contract by the customer shall require the approval of the hotel in written form. The customer shall bear the agreed room price and the price of the services provided by any third parties if the hotel did not approve of the cancellation, even when the customer does not use the agreed services and the hotel is not able to sublet the rooms. The customer shall bear the burden of proof regarding the subletting of the rooms.
An approval in written form from the hotel shall not be required where the hotel breaches its obligation of consideration of rights, legal entitlements and vested interests of the customer, if the customer cannot reasonably be expected to uphold the contract, or where statutory or contractual rights of rescission exist. If an appointment for free cancellation of the contract has been agreed between the hotel and the customer, the customer can withdraw from the contract until this point in time, without incurring payment and compensation claims for the hotel. The right to withdraw from the contract shall cease to apply if the customer fails to exercise the right of rescission in written form by the agreed deadline.
If the customer cancels the contract without prior approval from the hotel, the hotel may charge in addition to the room price and the price of the services provided by third parties

within 8 to 4 weeks before the event 35% of the lost turnover for food
or 70 % of the lost food turnover for any later cancellation.
The food turnover is based on the formula: agreed menu price x number of participants. If no price has been agreed for the menu, the cheapest 3-course menu of the respectively valid event offer is used
If a conference fee per participant has been agreed, the hotel is entitled
to charge 60% of the conference fee agreed per participant in the case of a rescission between the 8th and the 4th week before the event date;
to charge 85% of the conference fee for any later cancellation.
The deduction of any saved expenses was taken into account. The customer is entitled to prove that any of the above-mentioned claims have not been incurred or have not occurred in the respective amount.
If the number of participants changes by more than 5% (reduction of the initially agreed number of participants), the Hotel is to be notified by the Customer no later than 5 days before the start of the event.
Any reduction in the number of participants by the Customer shall be approved of the Hotel. The Hotel may charge on the basis of the initially agreed amount of participants when it was not informed about the reduction in the number of participants, except if otherwise stipulated hereafter.
A reduction in the number of participants of not more than 5% by the Customer shall be accepted by the Hotel as a threshold. The originally agreed number of participants minus 5% shall be applied if the 5% threshold is exceeded. The Customer may reduce the agreed price by the expenses saved as documented by the Customer due to the lower number of participants.
Expenses for the actual number of participants are to be charged in case the number of participants exceeds the number originally planned.
If the agreed start or end times of the event are postponed and the Hotel agrees to these deviations, the Hotel may charge the additional fee according to the performance, unless the Hotel is responsible for the changes.

The following cancellation terms apply to agreed individual reservations up to ten rooms without a group contract: Individual reservations may be cancelled free of charge up to 3 PM on the day of arrival unless the contract involved includes exclusion criteria preventing or restricting cancellation, e.g. during a trade fair.

Reservations at the Charlotte & Fritz hotel restaurant for up to six people may be made using a credit card as a guarantee. All table reservations may be cancelled free of charge up to 3 PM on the day of the event; any cancellations after this time will be charged a fixed rate of €40.00 EUR per person in the reservation party. The credit card used as guarantee will be charged €40.00 multiplied by the number of persons in the reservation party.
Group reservations with fixed menu arrangements at the Charlotte & Fritz hotel restaurant may be made for parties of seven persons or more. The following cancellation terms and charges for group reservations at the restaurant apply:

50% of the menu price for the number of persons in the reservation for cancellation up to two days before the event
80% of the menu price for the number of persons in the reservation for cancellation on the day before the event
90% of the menu price for the number of persons in the reservation for cancellation on the day of the event

The customer may withdraw from the contract without being billed for payment or compensation by the hotel as long as the hotel and customer have agreed on a deadline by which the customer may cancel free of charge. The right to withdraw from the contract shall cease to apply if the customer fails to exercise this right to cancellation by the agreed deadline. This shall not apply where the hotel breaches its obligation to honour the rights, legal entitlements and vested interests of the customer, if the customer cannot reasonably be expected to uphold the contract, or where statutory or contractual cancellation rights exist.
Any individual cancellation arrangements agreed in deviation from the above shall take precedence.
If a customer does not use an agreed service without notice to the hotel, or effectively withdrawing from the contract, the contract price shall be paid in full plus any further compensation for costs incurred by the hotel in its reliance on the customer’s arrival or start of the event. The customer may object to any fixed amounts charged by the hotel on documentation that these claims are unjustified in whole or at the amount charged by the hotel.

V. Withdrawal or cancellation by the hotel

If the hotel and customer have agreed in writing on an option for the customer to withdraw from the contract free of charge by a certain deadline, the hotel may also cancel the contract before this deadline on receiving inquiries from other customers regarding the guest or function rooms contractually reserved with the customer, and the customer does not waive its agreed cancellation right on enquiry by the hotel.
The hotel may also withdraw from the contract if the customer fails to pay any advance payment agreed or required according to Section III. No. 7 after a reasonable period of grace set by the hotel.
The hotel may withdraw from the contract due to extraordinary justifiable cause. Examples are as follows:

Force majeure or other circumstances beyond the hotel’s sphere of influence render contract performance impossible. Force majeure refers to any extraordinary event that could not have been foreseen at the time that the contract was signed, and could not have been averted despite the necessary care. Examples include: natural disasters, strikes, terrorist attacks, or power failure. The hotel may also withdraw from the contract if extraordinary events involving suppliers or contractors to the hotel that could not have been foreseen at the time that the contract was signed, and could not have been averted despite the necessary care, render contract performance impossible.
Rooms or events have been reserved under misleading or false information given by the customer on important facts such as the identity of the customer or the purpose of the reservation
The hotel has justified cause to assume that use of the hotel’s services may endanger the smooth operation, safety, or public reputation of the hotel in such a way as would not be attributable to the management or organisation of the hotel.
The purpose or the cause or content of stay or event would be illegal or contrary to a legally valid official administrative decree or court order.
The customer has sublet the room in violation of III. No. 6.

The customer shall not be entitled to compensation on justified cancellation by the hotel.
VI. Room availability, use and return
The customer has no entitlement to a specific room unless the hotel has confirmed such in writing.
Reserved rooms shall be prepared and ready for the customer from 3 PM on the agreed day of arrival. The customer shall not be entitled to demand earlier availability.
Rooms prepared for the customer shall be taken by 3 PM on the day of arrival. The rooms may be rented to other parties after this time unless the customer has informed the hotel of a delayed arrival in writing. The hotel may demand a guarantee for late arrivals.
The room shall be vacated by midday on the agreed day of departure. The hotel may charge the day price for late departure up to 6 PM, and 100% of the full room rate at list price after 6 PM without constituting any contractual obligations towards the customer. The customer may object on documentation that these claims are unjustified in whole or at the amount charged by the hotel.

VII. Bringing food and beverages during events according to IV. No. 3

The customer shall not bring food or beverages to events. Exceptions shall be agreed with the hotel in writing; the hotel shall charge a fee to cover overheads in such cases.
The hotel shall not entertain any liability for ill health caused by food brought by the customer.
The hotel shall not entertain any liability for the shelf life of food consumed after an event at the hotel or outside the hotel.
VIII. Use of technical facilities and connections during events according to IV. No. 3
The hotel shall be acting in the name, with the authority, and on behalf of the customer in procuring any technical and other equipment from third parties for the customer. The customer shall be liable for the careful handling and proper return of such equipment. The customer shall indemnify the hotel from any claims from third parties arising from the provision of this equipment.
The customer may only use electrical equipment belonging to the customer on the electrical power supply of the hotel on written consent by the hotel. The customer shall be billed for any interference or damage to the technical facilities of the hotel outside the sphere of responsibility of the hotel. The hotel shall charge a fixed rate for costs arising from the use of electrical power.
The customer may use its own telephone, fax, or data transmission equipment on the approval of the hotel. The hotel may charge a connection fee.
The hotel shall have any malfunctions in technical or other equipment provided by the hotel remedied immediately wherever possible. The customer may not withhold or deduct payment if the hotel is not responsible for such malfunctions.
A shortfall fee may be charged on hotel equipment provided but not used due to the customer using its own equipment instead.
IX. Musical performances, sound system, performances at events according to IV. No. 3
The following points apply explicitly:

The customer shall report and pay any fees to the GEMA for any music arranged and played or performed by the customer.
Involvement of performers at events may require that the customer pay contributions to social security for performers; the customer shall be responsible for fulfilling any such obligations.
The hotel may charge the customer for any social security contributions for performers if the hotel hires performers for the customer’s event.
X. Materials and objects in events according to IV. No. 3, loss of, or damage to, event material and objects at events

The customer shall bear the responsibility for any decoration materials, exhibits, or other personal property brought into the hotel or its event rooms by a customer not appearing as a guest at the hotel. The hotel shall not entertain any liability for loss, destruction, or damage to such items, including financial damages, except in cases of gross negligence or intent on the part of the hotel. This shall not apply to liability for damages resulting from injury to life and limb or health, or any cases where safekeeping constitutes an obligation due to the circumstances of the case without which performance of the contract would be impossible and obligations whose fulfilment is essential for contract performance, or obligations that the customer may expect to be fulfilled in the ordinary course of business (major contract obligations). This shall not affect German innkeeper liability according to BGB §701 et seqq.
General Terms and Conditions
for hotel stays and events


Any decoration materials brought by the customer shall comply with fire regulations. The hotel may demand official documentation of such, and have such materials removed and stored at the expense of the customer if the customer fails to provide such documentation. Hanging and fixing items shall be agreed with the hotel in order to prevent potential damage.
Any exhibits or other items brought by the customer shall be removed immediately after the event. If the customer fails to remove any such items, the hotel may have these items removed and stored at the expense of the customer. If the items remain in the function room, the hotel may charge reasonable compensation for use of that function room for the corresponding period. Packaging materials (cardboard, boxes, plastic, etc.) delivered by the customer for conferences, exhibitions, presentations, etc., shall be disposed of or taken away by the customer before or after the event itself. The hotel shall charge the customer for any disposal of packaging such as cardboard boxes, wooden crates, packing foam, plastic, or similar if the customer has the hotel dispose of the materials. The customer may object to such claims on documentation that these claims are unjustified in whole or at the amount charged by the hotel.
XI. Customer liability for damage during events according to IV. No. 3
Business customers shall be held liable for any damage to buildings or furnishings caused by event participants or guests, employees, other third parties involved by the customer or the customer itself. Private customers shall be held liable according to the statutory regulations.
The hotel may require the customer to provide reasonable security (such as insurance, deposits, guarantees).
XII. Liability of the hotel
The hotel shall be liable for discharging its obligations according to the contract while exercising due professional care. Customer claims for compensation shall be excluded to the extent permitted by statute, except for damage to life and limb or health and liberty, or damages due to gross negligence or intent on the part of the hotel. Exclusion of liability shall not apply to damages due to breach of major contractual obligations on the part of the hotel. Major contractual obligations in the context of these General Terms and Conditions refer to obligations whose fulfilment is essential for contract performance, and obligations that the customer may expect to be fulfilled in the ordinary course of business. This shall not affect mandatory liability under the German Product Liability Act [Produkthaftungsgesetz] or any guarantee assumed by the hotel. A breach of obligation by a legal representative or vicarious agent shall be equivalent to a breach of obligation by the hotel. The hotel shall undertake to remedy any disruptions or defects in performance of the hotel as reported by the customer or acknowledged by the hotel. The customer shall contribute towards the remedy of the disruption in any way it reasonably can, and keep any potential damage to a minimum.
The hotel shall be liable to the customer for any property brought into the hotel according to the statutory regulations (BGB §701 et seq.).
A parking space in the hotel’s parking facility or car park reserved by the customer shall not constitute a safekeeping agreement. The hotel shall only be liable for intent or gross negligence according to BGB §690.

XIII. Vouchers

The hotel issues vouchers for the hotel or for one or more overnight stay(s) at the hotel, with the possibility of including breakfast. The vouchers can also be purchased via the online voucher-tool on the Hotel Website.
2 The voucher will be validated upon presentation to hotel personnel.
The voucher will remain valid for duration of three years, starting from the end of the year during which it was issued.
The customer may simultaneously use several vouchers.
The voucher can only be used for the services mentioned in section 1. The cash pay-out of the money value of the voucher is not possible.
The partial use of the voucher is permitted.
The transmission and the use of the voucher by a third person are allowed, provided that no ban on entering the house has been issued against this particular person.
XIV. Final terms
Any amendment or modification shall be contained in writing. Unilateral alterations or additions by the customer shall remain invalid.
The place of performance and payment shall be the location of the hotel.
The exclusive place of jurisdiction for business dealings shall be the location of the hotel. Court jurisdiction shall also be at the location of the hotel if one of the contracting parties fulfils the requirements of ZPO [Code of Civil Procedure] §38 Para 2 and has no general jurisdiction in Germany.
The law of the Federal Republic of Germany shall apply to the exclusion of CISG and conflict of laws.
Any individual provisions in these General Terms and Conditions that should prove invalid or unenforceable shall not affect the validity of the remaining provisions. The statutory provisions shall otherwise apply.
Version of May 2018 [These GTC apply to all contracts with the hotel concluded on or after 1 May 2018.]

 

 

 

Contents

Component 0: General concerns about the data protection statement

Component 1: The title

Component 2: Data protection information

Component 3: Referral to transparent texts

Component 4: The principle operation of a web server (if necessary, with log file)

Component 5: Contact form

Component 6: Newsletter

Component 7: Cookies

Component 8: Statistical analysis of the usage of our website

Component 9: Integration of Google Maps

Component 10: Social media plugins (Like buttons, etc.)

Component 12: Tracking and user profiles in social networks

Component 13: Your registration [in case of an online shop]

Component 14: Order process [in case of an online shop]

Component 15: ... and the rest

Component 16: Rights of the data

 

 

Component 1: The title

Data protection on our website

Hereinafter, we will inform you about the type, scope and purpose of collecting and using personal data on our website. As regards content, we follow the EU General Data Protection Regulation, since the Data Protection Regulations of the German Telemedia Act are no longer applicable from May 25, 2018.

 

Component 2: Data protection information

How can you contact us regarding data protection issues? How can you contact our data protection officer? All of that will be explained here.

Of course, you have numerous personal rights that we wish to comply with:

Disclosure 
We are complying with the disclosure obligation in this privacy statement.
Rectification
You can request a rectification of inaccurate data.
Erasure
You can request erasure of your data, provided the numerous exceptions of the GDPR do not apply.
Processing restriction
You can request that your data is no longer actively used (e.g. when you doubt accuracy of the data).
Right to object our “legitimate interests”
If there are predominant interests in your particular case, which override our operational interests, you can object to processing. In many cases, this can occur with an “Opt-Out”:
Data portability
If you actively provide data and the legal basis for processing is (a) your consent or (b) our contractual relationship, you can request that we give you those data in digital form.

Contact details for data protection
You can contact us in case of data protection issues. Amongst others, there are the following two options:

Do you have general questions or requests regarding data protection? Then write us an email at datenschutz[äät]<kunde>.de. Your email will be forwarded to special employees of our company. Therefore, we can support you quickly and without bureaucracy. Alternatively, you can of course contact us via any of the contact details listed above in the header.
This is the right address for all specific questions and requests regarding your data.
 
Do you wish to contact our data protection officer directly? Then write him an email at datenschutzbeauftragter.<kunde>[äät]triades-datenschutz.de. You can also contact Mr. Martin Lorenz by phone (+49 (5721) 898 4114) or by mail (Am Hang 8, D-31655 Stadthagen). Your request will be treated confidentially. 
Our data protection officer is not responsible for complying with your specific requests (information etc.); in fact, he is available for confidential questions and general legal facts.

Your right to appeal in data protection matters
Pursuant to Article 77 of the GDPR, you have the right to appeal to the authorized data protection regulatory agency. The contact details are: 

You are welcome to contact us first, before you contact the regulatory agency; our very competent company data protection officer will take care of your request much faster and equally thorough. If we cannot help you, you can then still contact the regulatory agency.

 

Component 3: Referral to transparent texts

Your right to information regarding various processing by our company
Independent of the present website, we are processing numerous data of our suppliers, clients and interested parties, etc.

We have decided to publish the information obligations relating to that here online.

HERE

Thus, the information obligations according to Articles 13, 14, 15, 26 and 30 of the GDPR are complied with.

 

Component 4: The principle operation of a web server (if necessary, with log file)

Retrieval of website information
The following data are collected and used to provision websites (”browsing”):

  • Date and time (Here we can make a temporal assignment and use it to, for example, localize technical issues.)
  • IP address (Collection of the IP address is necessary for the web server to be able to send you the desired data.)
  • The requested data (Which file are you requesting? In which subfolder is it?)
  • The port through which you request the data (This information is sent automatically via your browser. You will receive the desired website through this port.)
  • The referring website (Some browsers send the URL of the previously used website on each access.)
  • Name of the browser, with which you browse the Internet (This information is sent automatically via your browser. We will possibly use this information to optimally represent content. Your browser could potentially also send other information, for example via installed programs)
  • The retrieval status (Here we can see, whether the desired website exists and was successfully delivered to you.)
  • Miscellaneous: For the sake of completeness, it should be mentioned that it is possible that your browser sends additional data to our web server (name of the browser, screen resolution, etc.). Of course, we have no influence on this.

The data described above are only stored in the working memory of the web server for a fraction of a second.

When you retrieve our websites, some data are automatically collected and used. Due to the nature of the Internet, these data are inevitably processed on numerous servers until your request arrives on our web server; therefore, collection and usage is also possible in “third party countries” (e.g. the US). Our company has no influence on this process.

 

Component 5: Contact form

You can use the contact form to quickly and without bureaucracy send us a message.

Entering your data in the contact form is SSL encrypted and as such confidential. But the contact form data is sent to our company unencrypted by email. In that sense, an overall confidentiality is not guaranteed. If full confidentiality is important to you, please write us an email (our email server supports TSL encryption, provided that YOUR email server also supports it).

After the email with the contact form data has been sent, no data will be left on the web server.

 

Component 6: Newsletter

We are offering you a newsletter. This means that we can always keep you up to date.

The order process is done in a so-called “Double Opt In” procedure: First, you receive a confirmation email with a confirmation link. Please click on this link. With this, your consent as defined by Article 6 (1a) of the GDPR is permanently documented. If you do not click on the link, your registration details will be deleted after 3 months.

If you receive a confirmation email without requesting it, someone has probably entered your email address in our form without authorization. Please ignore this and delete this email. This will cause no disadvantages for you and you will receive no newsletters.

There is a hyperlink at the end of each newsletter, which enables you to unsubscribe immediately. You can also unsubscribe here. [Please link the word “here” with your unsubscribe page.]

We provide the newsletters with a 1-pixel-image, in order to trace how many recipients actually open the newsletter. As a result, your IP address is saved temporarily. But we are not conducting any personal evaluations.

OPTIONAL: We are using an external newsletter service provider, who carries out the necessary actions (registration, unsubscribe, dispatch). Among other things, this ensures that major email providers (GMX etc.) do not classify our newsletter as SPAM.

 

Component 7: Cookies

Cookies are small text files, which are stored on your hard disk through your browser. This is useful for various purposes, in order to customize a website for users.

Disabling and deleting Cookies is an important topic. You can find a general tutorial here. We also recommend the website www.youronlinechoices.com.

There are different types of Cookies regarding storage duration and access rights:

a) Own Cookies with a short duration (”Session Cookies")
These Cookies are not critical regarding data protection and usually serve to design our own website. The legal basis is our “legitimate interest” as defined by Article 6 (1f) of the GDPR. These Cookies are deleted when you close the browser.

b) Own Cookies with a longer duration
These Cookies allow our website to recognize your browser for the long term. This way, we can also customize content “tomorrow” or “next”week.

d) Third party Cookies with a long duration
[These are the “critical” Cookies. Consents are potentially necessary here; see “Workingpaper-194” Page 9.]

These Cookies are readable and writable by ourselves and also other websites. This way, other services can also access this data. This is particularly interesting for customized advertising and connection to social networks.

e) Flash Cookies
These Cookies are stored by the Adobe® Flash® Player. That serves controlling multimedia contents implemented on our website.

 
Component 8: Statistical analysis of the usage of our website

It is of great economic importance for our company to be able to statistically analyze the usage of our website by our visitors. Our goal is not to analyze behavior of an individual person. It is rather a matter of general statistical aspects: On what page do visitors “enter” our site? How many clicks does an average visitor make?

Perhaps you have heard about the position paper of the German Data Protection Conference, where the topic “Consent” has been mentioned briefly under agenda item 9 and in relation to “Tracking mechanisms and user profiles”.

Our understanding (and not only ours) is that the above mentioned position paper does not mean that we have to obtain a consent for our internal website usage statistics. We share the opinion of the Data Protection Group of Article 29 in the Workingpaper-194 (in Chapter 4.3 on page 10) - there is no risk to your rights and freedoms, when proceeding carefully. The regulatory agencies have also explicitly agreed with this European legal understanding in the above position paper of the German Data Protection Conference.

Rest assured that the results of these statistics are in no way personal. These statistics are very important for our company and we view this as a legitimate interest, as defined by Article 6 (1f) of the GDPR; if you wish to object this, we are gladly offering you an “Opt Out” opportunity.

OPTIONAL Google Analytics [with reference to “third party country”and “ EU US Privacy Shield"] https://policies.google.com/privacy?hl=en&gl=en

 

Component 9: Integration of Google Maps 

We offer you a convenient option to plan your journey to our company. Therefore, we are integrating an “iFrame” from Google Maps. As soon as you open the page, your IP address is sent to Google. That is an American company; which means data are sent outside of Europe (Google participates in the EU US Privacy Shield). If you enter your data in this map (e.g. your place of residence), those data are also transmitted.

 

Component 10: Social media plugins (Like buttons, etc.)

Like buttons are integrated on our pages. Visitors can declare that they “like” our contents with one click in the respective social network (Google+, Facebook, Twitter, etc.). Other persons can see those “likes”.

We haven’t installed any active plugins, but supply you with standard hyperlinks, which lead to the respective social network. This is a data-protection-friendly option, because we are not forwarding any data to the respective provider. You decide yourself, whether you wish to click the respective hyperlink.

 

Component 12: Tracking and user profiles in social networks

If you are member of a social network, you can connect your browsing habits with the respective user account. For this purpose, a consent in accordance with Article 6 (1a) of the GDPR is necessary. We will obtain this consent.

OPTION 1: Our website is not contacting such social networks to track your browsing habits or to complete user profiles. Thus, we are not obtaining such consents from you.

OPTION 2: Our website is absolutely contacting such social networks. By clicking Like buttons, you are adding to your respective user profile. Your activation of the social media plugins is adding to your timeline in the respective social network. [...] All of this happens only through your clear confirmation and is considered a consent.

 

Component 13: Your registration 

Previous registration is necessary for the order process. The data collected here are only used for order processing. Amongst others, we are collecting the following data: Company, name, address, phone, email. You will receive a password per email, which you then have to change immediately. The password is stored in a database as “salted” hash value, and is thus effectively protected against unauthorized access. The registration process (and all subsequent logins) is generally SSL encrypted. Please note that your registration inevitably enables identification in the future.

 

Component 14: Order process [in case of an online shop]

Generally, we are at least storing the data of your order: Product, quantity, price and your preferred payment method.

 

Component 16: Rights of the data subject

If your personal data is processed, you are a data subject as defined in the GDPR, and you have the following rights with regard to the data controller:

Right to information:
You can request a confirmation from the data controller on whether personal data concerning you are processed by us.

If such a processing exists, you can request information about the following from the data controller:

(1) the purposes for which the personal data are processed;

(2) the categories of processed personal data;

(3) the recipient (i.e. categories of recipients) to whom the personal data concerning you are disclosed, or will be disclosed;

(4) the planned duration of storing personal data concerning you or, if no precise specifications can be made, criteria for determining the storage duration;

(5) the existence of a right to rectification or erasure of personal data concerning you, a right to restrict processing by the data controller or a right to object this processing;

(6) the existence of a right to appeal to a regulatory agency;

(7) all information about the source of the data, if the data subject wasn’t the source of personal data;

(8) the existence of an automated decision-making, including profiling, in accordance with Article 22 Paragraphs 1 and 4 of the GDPR and - at least in these cases - conclusive information about the used logic, as well as the scope and pursued consequences of such processing for the person concerned.

You have the right to request information on whether the personal data concerning you are transmitted to a third party country or an international organization. In that regard, you can request to be informed about the appropriate assurances pursuant to Article 46 of the GDPR, relating to the transmission.

Right to rectification
You have the right to obtain rectification and/or completion from the data controller, provided the processed personal data concerning you is inaccurate or incomplete. The data controller must carry out the rectification without delay.

When processing data for scientific, historical or statistical research purposes:

Your right to rectification can be limited to the extent that it presumably disables the realization of research or statistical purposes or significantly affects them, and the limitation is necessary for realization of the research and statistical purposes.

Right to restrict processing
You can request processing restriction of personal data concerning you under the following circumstances:

(1) when you contest accuracy of personal data concerning you for a period that enables the data controller to verify accuracy of the personal data;

(2) the processing is illegal and you reject erasure of the personal data and request restriction of usage of the personal data;

(3) the data controller no longer requires the personal data for purposes of processing, but you require them to assert, exercise or defend legal claims, or

(4) you object to processing in accordance with Article 21 Paragraph 1 of the GDPR, and it is not yet determined whether the legitimate reasons of the data controller will override your reasons.

If the processing of personal data concerning you is restricted, those data - apart from storing them - may only be processed with your consent or to assert, exercise or defend legal claims or to protect the rights of another natural or legal entity or for important public interest reasons of the EU or a Member State.

If processing is restricted in accordance with the above mentioned requirements, the data controller will inform you prior to lifting the restriction.

Right to erasure
a. Obligation to erase

You can request the data controller to erase the personal data concerning you without delay, and the data controller is obligated to erase those data without delay, provided one of the following reasons applies:

(1) the personal data concerning you is no longer necessary for the purposes for which they have been collected and otherwise processed.

(2) you revoke your consent on which the processing in accordance with Article 6 Paragraph 1 (a) or Article 9 Paragraph 2 (a) of the GDPR was based,  and there is no other legal basis for processing.

(3) you object to processing in accordance with Article 21 Paragraph 1 of the GDPR and there are no primary legitimate reasons for processing, or you object to processing in accordance with Article 21 Paragraph 2 of the GDPR.

(4) the personal data concerning you were processed illegally.

(5) the erasure of personal data concerning you is necessary to comply with a legal obligation in accordance with EU Law or Member State Law the data controller is amenable to.

(6) the personal data concerning you were collected in relation to services offered by the information society in accordance with Article 8 Paragraph 1 of the GDPR.

b. Information to third parties

When the data controller releases personal data concerning you and is obligated to erase them in accordance with Article 17 Paragraph 1 of the GDPR, he will take appropriate measures (taking into consideration available technology and implementation costs) to inform the data controllers, who are processing the data, that a data subject has requested erasure of all links to their personal data or copies or replications of those personal data.

c. Exceptions

The right to erasure does not exist if processing is necessary

(1) to exercise the right of freedom of speech and information;

(2) to comply with a legal obligation that requires processing in accordance with EU Law or Member State Law the data controller is amenable to, or to carry out a task that is of public interest or in the exercise of public authority vested in the data controller;

(3) for reasons of public interest in the area of public health, according to Article 9 Paragraph 2 (h and i), as well as Article 9 Paragraph 3 of the GDPR;

(4) for archiving purposes, scientific or historical research purposes or statistical purposes of public interest, in accordance with Article 89 Paragraph 1 of the GDPR, provided that the provision in Paragraph a) presumably disables realization of processing purposes or seriously affects it, or

(5) to assert, exercise or defend legal claims.

Right to information
If you have exercised your right to rectification, erasure or to restrict processing with the data controller, he is obligated to inform all recipients, to whom the personal data concerning you have been released to, about this rectification or erasure of data or restriction of processing, unless that proves to be impossible or would involve unreasonable effort.

You have the right to be informed about these recipients by the data controller.

Right to data portability
You have the right to receive the personal data concerning you, which you provided to the data controller, in a structured, commonly used and machine-readable format. You also have the right to transmit those data to another data controller without interference by the data controller, to whom the personal data have been provided, if

(1) the processing is based on a consent in accordance with Article 6 Paragraph 1 (a) of the GDPR or Article 9 Paragraph 2 (a) of the GDPR or a contract in accordance with Article 6 Paragraph 1 (b) of the GDPR and

(2) the processing is done by means of automated processes.

When exercising this right, you have also the right to obtain that the personal data concerning you is transmitted directly from one data controller to another data controller, provided that is technically possible. Freedoms and rights of other persons may not be affected by this.

The right to data portability does not apply to a personal data processing that is necessary to carry out a task that is of public interest or in the exercise of public authority vested in the data controller.

Right to object
On grounds relating to your particular situation, you have the right to object at any time to processing of personal data concerning you, which is based on Article 6 Paragraph 1 (e or f) of the GDPR, including profiling based on those provisions.

The data controller will no longer process the personal data concerning you, unless he can demonstrate compelling legitimate reasons for the processing, which override your interests, rights and freedoms, or processing serves the assertion, exercise or defense of legal claims.

If personal data concerning you are processed for direct marketing purposes, you have the right to object at any time to processing of personal data concerning you for such marketing; this includes profiling provided that it is related to such direct marketing.

If you object to processing for direct marketing purposes, the personal data concerning you will no longer be processed for such purposes.

In the context of the use of information society services, and notwithstanding Directive 2002/58/EC, you have the possibility to exercise your right to object by automated means using technical specifications.

When processing data for scientific, historical or statistical research purposes:

On grounds relating to your particular situation, you also have the right to object to processing of personal data concerning you, which is done for scientific or historical research purposes or for statistical purposes in accordance with Article 89 Paragraph 1 of the GDPR.

Your right to object can be limited to the extent that it presumably disables the realization of research or statistical purposes or significantly affects them, and the limitation is necessary for realization of the research and statistical purposes.

Right to revoke the data protection declaration of consent
You have the right to revoke your data protection declaration of consent at any time. By revocation of consent, the legitimacy of processing that occurred prior to the revocation will not be affected.

Automated individual decision-making, including profiling
You have the right not to be subject to a decision based solely on automated processing - including profiling - which produces legal effects concerning you or similarly significantly affects you. This does not apply if the decision:

(1) is necessary for entering into or comply with a contract between you and the data controller,

(2) is authorized by EU Law or Member State Law, to which the data controller is amenable to, and those laws include appropriate measures to safeguard your rights and freedoms and legitimate interests; or

(3) is based on your explicit consent.

However, these decisions may not be based on special categories of personal data pursuant to Article 9 Paragraph 1 of the GDPR, provided Article 9 Paragraph 2 (a or g) is not applicable and appropriate measures to protect rights and freedoms and legitimate interests have been taken.

With regard to the cases under (1) and (3), the data controller takes appropriate measures to safeguard rights and freedoms and legitimate interests,  which at least includes the data controller’s right to obtain action by a person, the right to state own point of view and the right to challenge the decision.

Right to appeal to a regulatory agency
Without prejudice to any other administrative or judicial remedy, you have the right to file a complaint with a regulatory agency, in particular in the member state of your residence, place of work or place of the alleged infringement, if you find that the processing of personal data concerning you infringes the GDPR.

The regulatory agency with which the complaint has been filed, will inform the complainant on the progress and the outcome of the complaint, including the possibility of a judicial remedy pursuant to Article 78 of the GDPR.