Terms and Conditions (T&Cs) of Elysée Hotel AG Hamburg (hereinafter: Grand Elysée Hotel Hamburg), the authorised operator of an Incert® voucher management system provided by Incert eTourismus GmbH & Co KG.
1. Applicability of the Terms and Conditions
All goods and services provided by Grand Elysée Hotel Hamburg, including associated online bookings and other online services, are subject to these General Terms and Conditions (GTC). Any deviating and/or supplementary agreements require the written consent of the management of Grand Elysée Hotel Hamburg; this also applies to any waiver of the written form requirement. The customer’s own general terms and conditions are excluded from application.
2. Vouchers
Vouchers can be ordered by customers either at the Grand Elysée Hotel Hamburg via staff members using the Incert® online tool, or directly by the customer via the relevant link on the Incert® website (http://voucher.grand-elysee.com/en).
The online vouchers will be sent to the customer with a forgery-proof code. If printed multiple times, only one printout is valid and redeemable. The first Incert® voucher redeemed in the management system using the relevant code is considered the original; the voucher is immediately recorded in the system as redeemed.
The use of further copies of the voucher with the same code is considered misuse, which may have criminal consequences. There is no entitlement to the provision of services or compensation from the Grand Elysée Hotel Hamburg if, after the voucher has been redeemed for the first time, anyone attempts to redeem further vouchers with the same code. This also applies in the event that the person who first redeemed the voucher is not the rightful holder of the voucher. The responsibility and risk of misuse lie with the customer, unless there is fault on the part of the Grand Elysée Hotel Hamburg or its staff, involving at least intent or gross negligence.
As a voucher may be transferred by the purchaser to a third party, the Grand Elysée Hotel Hamburg is under no obligation to verify the redeemer’s right of ownership. Upon redemption, the system merely checks whether the Incert® voucher number has been authorised and whether the voucher has been paid for.
Incert® vouchers are valid for 3 years from the date of issue (see the date and validity period on the voucher). Once this period has expired, the Grand Elysée Hotel Hamburg is no longer obliged to accept the voucher.
Vouchers cannot be returned in exchange for cash. If the value of the voucher exceeds the cost of the service used, the Grand Elysée Hotel Hamburg is prepared to credit the unused amount towards future visits. There is no entitlement to a cash refund of the remaining balance.
The Grand Elysée Hotel Hamburg is not obliged to accept unpaid vouchers as a means of payment. Lost vouchers will not be replaced.
The Grand Elysée Hotel Hamburg can only guarantee the provision of the services listed on the voucher on the date requested by the person redeeming the voucher if the redemption is based on a reservation made in good time and specifying the exact nature of the service. The same applies when redeeming a pure value voucher for a service requested by the redeemer from the range of services offered by the Grand Elysée Hotel Hamburg.
Should the Grand Elysée Hotel Hamburg close permanently for any reason, any Incert® vouchers that have not yet been redeemed shall lapse without compensation. This shall also apply in the event of a change of ownership or legal entity of the Grand Elysée Hotel Hamburg, for whatever reason, such that recourse against the Grand Elysée Hotel Hamburg as the original issuer of the vouchers is excluded.
3. Services at the Grand Elysée Hotel Hamburg
All services offered by the Grand Elysée Hotel Hamburg are provided to the best of our knowledge and belief. Product images or service descriptions in the online shop may, in individual cases, differ from the actual products or services (e.g. in colour, shape, size, etc.). The technical data and descriptions provided for this purpose are decisive for the performance of the service in accordance with the agreement; the value of the service must not deviate significantly from the voucher value.
The Grand Elysée Hotel Hamburg reserves the right to remove specific services from its range at any time or to replace them with new services. In such cases, the Grand Elysée Hotel Hamburg guarantees the provision of an alternative service of at least the same value as the voucher. This is accepted by the customer as being in accordance with the contract.
4. Delivery of the vouchers
As a rule, the voucher is sent to the customer online as a PDF.
Where the Grand Elysée Hotel Hamburg offers to issue and send the voucher and the customer has booked this service, the voucher will be sent immediately after the order has been placed and payment has been received. Should the voucher not be dispatched to the customer within six weeks of the date of the order and payment, the customer has the right to set a grace period, stating that they will refuse to accept the voucher once this period has expired. This grace period must be at least one month. If this grace period expires without result, the customer may withdraw from the contract by giving written notice to the Grand Elysée Hotel Hamburg (text form is sufficient – by email to concierge@grand-elysee.com).
In the event of cancellation, the Grand Elysée Hotel Hamburg is obliged to refund the amount paid by the customer for the voucher immediately. The customer may only claim compensation for property damage if the Grand Elysée Hotel Hamburg or its staff are at fault due to wilful misconduct or gross negligence. Compensation for financial loss is excluded. This limitation of liability does not apply in the event of injury to life, limb or health.
The risk of dispatch passes to the customer as soon as the voucher has been handed over to the carrier and has left the premises of the Grand Elysée Hotel Hamburg. This applies even if the Grand Elysée Hotel Hamburg has borne the transport costs. The customer must raise any complaints regarding transport damage with the carrier.
Should the voucher fail to reach the customer despite having been dispatched in accordance with the customer’s instructions, the Grand Elysée Hotel Hamburg will, upon the customer’s request and confirmation that they have not received the voucher, block the voucher code – provided it has not yet been redeemed – and issue the customer with a new voucher. The risk of misuse during dispatch lies with the customer, provided there has been no wilful misconduct or gross negligence on the part of the Grand Elysée Hotel Hamburg.
5. Payment for the vouchers
When purchasing a voucher at the hotel, the usual payment methods accepted there will be accepted. Otherwise, payment is made exclusively via the online tool (currently by debit or credit card – Eurocard, Mastercard, Amex and Diners accepted), with the amount being charged to the selected credit card immediately. The customer may only set off claims against the Grand Elysée Hotel Hamburg if such claims are undisputed or have been established by a final and binding court judgement.
6. Right of withdrawal
As a consumer, you are entitled to a statutory right of withdrawal when booking a voucher online. Further information on the right of withdrawal can be found in the cancellation policy at the following link: https://voucher.grand-elysee.com/withdrawal-form. The right of withdrawal expires at the latest when the service is used by redeeming the voucher.
7. Shortcomings of the vouchers
Any complaints from the customer regarding defects (e.g. incorrect delivery, incorrect voucher value, incorrect number of vouchers, etc.) must, insofar as they are obvious, be raised in writing with the Grand Elysée Hotel Hamburg (text form is sufficient – by email to concierge@grand-elysee.com) without delay, at the latest within one week of receipt of the voucher. In the event of justified complaints, the Grand Elysée Hotel Hamburg will rectify the incorrect delivery free of charge, deactivate the voucher code of the voucher sent and issue and send a new voucher to the customer.
8. Protection of customer data
When ordering a voucher via the Incert® website or the link provided there, Incert®’s privacy policy applies; this is available via the link https://www.incert.at/en/data-protection/ and/or on their website.
The following applies to data collection or data processing by the Grand Elysée Hotel Hamburg: The Grand Elysée Hotel Hamburg processes the personal data provided by the customer when ordering a voucher for the purpose of processing the voucher and fulfilling the service on the basis of Article 6(1)(b) of the General Data Protection Regulation (GDPR). This information will be deleted as soon as the purpose of the processing no longer applies and there are no retention obligations preventing its deletion. In this context, the data may also be transferred to third parties where necessary in order to fulfil the voucher contract. If the customer has also given their consent to the Grand Elysée Hotel Hamburg, the Grand Elysée Hotel Hamburg processes the email address in accordance with Article 6(1)(a) of the GDPR for the purpose of sending the customer information about services, products and news by email. The customer may withdraw their consent at any time with future effect by emailing dsb@secjur.com or by calling +43732890018-0. In this case, the relevant data will be deleted immediately, unless it is required to safeguard legitimate interests.
Furthermore, provided the legal requirements are met, the customer has the right to access (Art. 15 GDPR) the personal data in question, as well as the right to rectification (Art. 16 GDPR), erasure (Art. 17 GDPR) or restriction of processing (Art. 18 GDPR), as well as to exercise the right to data portability (Art. 20 GDPR). Pursuant to Article 77 of the GDPR, you have the right to lodge a complaint with a supervisory authority if you consider that the processing of data relating to you infringes data protection regulations. The right to lodge a complaint may, in particular, be exercised with a supervisory authority in the Member State of your habitual residence, place of work or the place where the alleged infringement occurred.
For further information on data protection in accordance with Articles 13, 14 and 21 of the GDPR, please refer to the privacy policy of the Grand Elysée Hotel Hamburg at https://www.grand-elysee.com/en/data-privacy/ and, in addition, to the privacy policy of Incert® at https://www.incert.at/en/data-protection/.
If you have any questions regarding data protection at the Grand Elysée Hotel Hamburg, please contact us by email at office@datenschutz-nord.de. For questions regarding data protection at Incert®, please refer to their privacy policy at https://www.incert.at/en/data-protection/.
9. Miscellaneous
Should any provision of these General Terms and Conditions (GTC) be invalid, this shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by a new provision that comes as close as possible to the economic effect of the invalid provision.
The performance of the contract is governed exclusively by the laws of the Federal Republic of Germany, to the exclusion of the UN Convention on Contracts for the International Sale of Goods. The place of performance and venue for the voucher contracts, including these General Terms and Conditions (GTC), is, to the extent permitted by law, Hamburg; where the Hamburg Local Court has jurisdiction, the Hamburg-Mitte Local Court, Germany.
The European Commission provides a platform for online dispute resolution (ODR): https://ec.europa.eu/consumers/odr. Block Handels GmbH is neither obliged nor willing to participate in arbitration proceedings under the Consumer Dispute Resolution Act (VSBG).