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General terms and conditions for the purchase of vouchers and right of withdrawal

Gifting vouchers, enjoying anticipation

Thank you for choosing a voucher from Sorat Hotels. On this page, you will find all the important information regarding our contractual terms, as well as the legally required cancellation policy for your voucher purchase via telephone or email. Our goal is to make your purchase as secure and transparent as possible.

1. Scope of application

1.1. These general terms and conditions apply to all contracts regarding the purchase of vouchers concluded between Sorat Hotels [hereinafter referred to as hotel] and the consumer, specifically via telephone, letter, fax, or email.
1.2. Any pre-formulated terms of the consumer that deviate from these general terms and conditions shall not become part of the contract, even if known, unless the hotel expressly agrees to their validity in writing.
1.3. The contract language is German. In the event of translations into other languages, the German version shall serve as an interpretation aid.

2. Definitions

2.1. A consumer is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to their commercial nor their independent professional activity; § 13 BGB German Civil Code.
2.2. An entrepreneur is a natural or legal person or a partnership with legal capacity that, when concluding a legal transaction, acts in the exercise of its commercial or independent professional activity; § 14 BGB German Civil Code.
2.3. Service vouchers are vouchers that can be exchanged for one or more services that are already defined, specified, or at least indicated in the voucher, for example breakfast buffet, weekend for two.
2.4. Value vouchers are vouchers showing a monetary value paid by the purchaser and specified on the voucher, which can be used to pay for a service not yet determined at the time of the voucher's purchase.

3. Contracting parties

3.1. The contracting parties are the customer and the hotel. The customer may submit a non-binding request regarding the purchase of a voucher to the hotel via email, letter, telephone, or fax. In this case, the hotel will submit a binding offer to the customer in text form; for example via email, which the guest may accept within the period specified in the offer.
3.2. If the purchaser of the voucher is not the customer but a third party, the third party is obliged to provide the customer with all relevant information about the hotel immediately upon receipt of the voucher, in particular the general terms and conditions, the cancellation terms, and the right of withdrawal.
3.3. If the voucher is sent to the customer as a PDF attachment via email, the customer requires a reader to open and print the voucher. The customer can download a free PDF reader from the internet, for example from get.adobe.com/de/reader/.

4. Right of withdrawal

4.1. A statutory right of withdrawal is exclusively granted to customers who are consumers pursuant to section 2.1 and who have acquired a Sorat voucher via distance communication means such as email, telephone, or fax.
4.2. The right of withdrawal applies to all value vouchers pursuant to section 2.4 as well as to service vouchers pursuant to section 2.3, provided that these do not specify a fixed date or period for the provision of the service at the time of purchase.
4.3. There is no right of withdrawal pursuant to § 312g (2) no. 9 BGB German Civil Code for service vouchers related to accommodation services provided for purposes other than residential use, as well as for other services related to leisure activities, if the contract specifies a fixed date or period. This applies in particular to vouchers that were already booked for a fixed date at the time of purchase.

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4. Cancellation policy

As a consumer, you have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day on which you, or a third party designated by you who is not the carrier, have/has taken possession of the voucher. If the voucher is made available to you as a download, for example via email as a PDF, the withdrawal period begins on that day. To exercise your right of withdrawal, you must inform us [X] by means of a clear statement of your decision to withdraw from this contract; for example, a letter sent by post or an email. To comply with the withdrawal period, it is sufficient that you send the notice of the exercise of the right of withdrawal before the withdrawal period expires.

[X] Depending on where the voucher was purchased, the withdrawal must be addressed to the respective hotel

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Consequences of withdrawal

If the customer withdraws from this contract, we shall repay all payments we have received from them, without undue delay and at the latest within fourteen days from the day on which we received the notice of withdrawal from this contract. For this repayment, we use the same payment method that the customer used for the original transaction, unless expressly agreed otherwise with them; in no case will the customer be charged any fees for this repayment. We may refuse repayment until we have received the voucher back or until the customer has provided proof that the voucher has been returned, whichever is the earlier. The customer must return or hand over the voucher immediately and in any case no later than fourteen days from the day on which they inform us of the withdrawal from this contract. The period is considered observed if the voucher is delivered before the expiration of the fourteen-day period. The direct costs of returning the voucher are borne by the customer.

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5. Voucher terms and conditions

5.1. Vouchers can be redeemed for hotel-owned services in all participating Sorat Hotels in Germany listed at www.sorat-hotels.com or in the specific hotel indicated on the voucher.
5.2. Redemption of vouchers is always subject to request and availability.
5.3. Vouchers cannot be altered; this does not affect the validity of binding legal provisions such as guarantees and withdrawals.
5.4. A payout or offsetting of service vouchers against other services is not possible. Cash payout is not possible.
5.5. The voucher is only valid once the due amount has been paid in full.
5.6. The voucher must be presented at the hotel upon arrival.

6. Prices, delivery, shipping costs, payment terms

6.1. Prices are total prices and include the taxes and other price components applicable at the time of contract conclusion, insofar as they are incurred. Shipping costs are not included in the price.
6.2. Unless otherwise agreed, delivery takes place 3 – 5 days after receipt of the order confirmation by the customer, or 2 – 3 days after the customer’s payment instruction in the case of agreed prepayment.
6.3. Delivery of the voucher as a file via email is free of shipping costs.
6.4. The customer has the following payment options: cash, bank transfer, credit card, Paypal, pay by link.
6.5. Unless otherwise regulated for individual payment methods, payment claims from the concluded contract are due for payment immediately.

7. Warranty, validity, transferability, liability

7.1. Statutory warranty provisions apply. The hotel's liability is governed by statutory provisions.
7.2. All vouchers are valid for three years from the date of issue and must be redeemed within this period.
7.3. Vouchers may be issued as personal vouchers. If the voucher is not issued as a personal voucher, it may be redeemed by anyone. If the customer or the voucher holder [for example the person to whom the voucher was passed on] cannot redeem the voucher for reasons beyond the hotel's control, it is the responsibility of the customer or the holder to redeem the voucher in time before the expiry of the validity period; for example by transferring the voucher to another person. The guest has no right to withdraw from the contract without valid reason, except for the right of withdrawal.
7.4. Resale of vouchers by customers for commercial purposes is strictly prohibited unless there is a written agreement in individual cases.
7.5. No liability is assumed for delayed delivery via postal service.

8. Data protection

8.1. The purchaser's data is collected, stored, and used as customer data exclusively for processing the order. This is based on the General Data Protection Regulation and the applicable national data protection regulations. No transfer of this data to third parties will take place. Otherwise, we refer to our privacy policy.

9. Final provisions

9.1. The law of the Federal Republic of Germany applies, excluding the UN Sales Convention. For consumers, this choice of law only applies insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has their habitual residence.
9.2. The place of performance and payment is the registered office of the respective hotel where the voucher was purchased or which is named in the voucher as the service-providing hotel.
9.3. If the customer is a merchant, a legal entity under public law, or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the Hotel is the registered office of the hotel.
9.4. Should individual provisions of these general terms and conditions for voucher sales be or become invalid or unenforceable, the validity of the remaining provisions shall not be affected. The invalid or unenforceable provision shall be replaced by the statutory provision.