Legal Information

According to § 5 TMG

  • Nordsee-Hotel Borkum
  • Bubertstraße 9
  • 26757 Nordseebad Borkum
  • Germany
  • P.O. Box 1920
  • 26745 Nordseebad Borkum
  • Germany

Operators and Representation by:

  • Nordsee-Hotel OHG
  • Shareholder Fokke Schmidt jr.

Contact:

Phone:
+49 (0)4922 3080
Fax:
+49 (0)4922 3081-13
Email:
This email address is being protected from spambots. You need JavaScript enabled to view it.
Online:
http://www.nordseehotelborkum.de

Registereintrag:

Eintragung im Handelsregister

Register court:
Amtsgericht Emden
Registration number:
HRA 2329

VAT identification number:

according to § 27 a VAT Act

VAT-ID:
DE 117218667

Authority:

Labour Inspectorate

Responsible for content according to § 55 para. 2 RStV:

  • Fokke Schmidt jr.
  • Nordsee-Hotel Borkum
  • Bubertstraße 9
  • 26757 Nordseebad Borkum
  • Deutschland

Sources for the images and graphics:

© Ivonne Wierink
Fotolia.com
© Markus Gössing
Fotolia.com

Sources for the text:

Legal Information
eRecht24
Privacy Policy
eRecht24
Required information
Spirit Legal LLP 2016 & Rechtsanwaltskanzlei Heidicker

Mandatory information according to Regulation (EU) no. 524/2013 of the European Parliament and Council:

Follow this link to the website of the European Commission’s entity for online dispute resolution for consumer disputes: http://ec.europa.eu/consumers/odr/ further information is available if you follow the link. Should you have any initial questions concerning a potential dispute resolution, please email us at This email address is being protected from spambots. You need JavaScript enabled to view it..

Our Websites:

Privacy Policy GDPR

Privacy Policy with GDPR

We are very delighted that you have shown interest in our enterprise. Data protection is of a particularly high priority for the management of the Nordsee-Hotel OHG. The use of the Internet pages of the Nordsee-Hotel OHG is possible without any indication of personal data; however, if a data subject wants to use special enterprise services via our website, processing of personal data could become necessary. If the processing of personal data is necessary and there is no statutory basis for such processing, we generally obtain consent from the data subject.

The processing of personal data, such as the name, address, e-mail address, or telephone number of a data subject shall always be in line with the General Data Protection Regulation (GDPR), and in accordance with the country-specific data protection regulations applicable to the Nordsee-Hotel OHG. By means of this data protection declaration, our enterprise would like to inform the general public of the nature, scope, and purpose of the personal data we collect, use and process. Furthermore, data subjects are informed, by means of this data protection declaration, of the rights to which they are entitled.

As the controller, the Nordsee-Hotel OHG has implemented numerous technical and organizational measures to ensure the most complete protection of personal data processed through this website. However, Internet-based data transmissions may in principle have security gaps, so absolute protection may not be guaranteed. For this reason, every data subject is free to transfer personal data to us via alternative means, e.g. by telephone.

1. Definitions

The data protection declaration of the Nordsee-Hotel OHG is based on the terms used by the European legislator for the adoption of the General Data Protection Regulation (GDPR). Our data protection declaration should be legible and understandable for the general public, as well as our customers and business partners. To ensure this, we would like to first explain the terminology used.

In this data protection declaration, we use, inter alia, the following terms:

  • a)    Personal data

    Personal data means any information relating to an identified or identifiable natural person (“data subject”). An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

  • b) Data subject

    Data subject is any identified or identifiable natural person, whose personal data is processed by the controller responsible for the processing.

  • c)    Processing

    Processing is any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.

  • d)    Restriction of processing

    Restriction of processing is the marking of stored personal data with the aim of limiting their processing in the future.

  • e)    Profiling

    Profiling means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects concerning that natural person's performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements.

  • f)     Pseudonymisation

    Pseudonymisation is the processing of personal data in such a manner that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organisational measures to ensure that the personal data are not attributed to an identified or identifiable natural person.

  • g)    Controller or controller responsible for the processing

    Controller or controller responsible for the processing is the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data; where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law.

  • h)    Processor

    Processor is a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.

  • i)      Recipient

    Recipient is a natural or legal person, public authority, agency or another body, to which the personal data are disclosed, whether a third party or not. However, public authorities which may receive personal data in the framework of a particular inquiry in accordance with Union or Member State law shall not be regarded as recipients; the processing of those data by those public authorities shall be in compliance with the applicable data protection rules according to the purposes of the processing.

  • j)      Third party

    Third party is a natural or legal person, public authority, agency or body other than the data subject, controller, processor and persons who, under the direct authority of the controller or processor, are authorised to process personal data.

  • k)    Consent

    Consent of the data subject is any freely given, specific, informed and unambiguous indication of the data subject's wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her.

2. Name and Address of the controller

Controller for the purposes of the General Data Protection Regulation (GDPR), other data protection laws applicable in Member states of the European Union and other provisions related to data protection is:

Nordsee-Hotel OHG

Bubertstraße 9

26757 Nordseebad Borkum

Germany

Phone: +49 (0)4922 3080

Email: This email address is being protected from spambots. You need JavaScript enabled to view it.

Website: http://nordseehotelborkum.de/

3. Cookies

The Internet pages of the Nordsee-Hotel OHG use cookies. Cookies are text files that are stored in a computer system via an Internet browser.

Many Internet sites and servers use cookies. Many cookies contain a so-called cookie ID. A cookie ID is a unique identifier of the cookie. It consists of a character string through which Internet pages and servers can be assigned to the specific Internet browser in which the cookie was stored. This allows visited Internet sites and servers to differentiate the individual browser of the dats subject from other Internet browsers that contain other cookies. A specific Internet browser can be recognized and identified using the unique cookie ID.

Through the use of cookies, the Nordsee-Hotel OHG can provide the users of this website with more user-friendly services that would not be possible without the cookie setting.

By means of a cookie, the information and offers on our website can be optimized with the user in mind. Cookies allow us, as previously mentioned, to recognize our website users. The purpose of this recognition is to make it easier for users to utilize our website. The website user that uses cookies, e.g. does not have to enter access data each time the website is accessed, because this is taken over by the website, and the cookie is thus stored on the user's computer system. Another example is the cookie of a shopping cart in an online shop. The online store remembers the articles that a customer has placed in the virtual shopping cart via a cookie.

The data subject may, at any time, prevent the setting of cookies through our website by means of a corresponding setting of the Internet browser used, and may thus permanently deny the setting of cookies. Furthermore, already set cookies may be deleted at any time via an Internet browser or other software programs. This is possible in all popular Internet browsers. If the data subject deactivates the setting of cookies in the Internet browser used, not all functions of our website may be entirely usable.

4. Collection of general data and information

The website of the Nordsee-Hotel OHG collects a series of general data and information when a data subject or automated system calls up the website. This general data and information are stored in the server log files. Collected may be (1) the browser types and versions used, (2) the operating system used by the accessing system, (3) the website from which an accessing system reaches our website (so-called referrers), (4) the sub-websites, (5) the date and time of access to the Internet site, (6) an Internet protocol address (IP address), (7) the Internet service provider of the accessing system, and (8) any other similar data and information that may be used in the event of attacks on our information technology systems.

When using these general data and information, the Nordsee-Hotel OHG does not draw any conclusions about the data subject. Rather, this information is needed to (1) deliver the content of our website correctly, (2) optimize the content of our website as well as its advertisement, (3) ensure the long-term viability of our information technology systems and website technology, and (4) provide law enforcement authorities with the information necessary for criminal prosecution in case of a cyber-attack. Therefore, the Nordsee-Hotel OHG analyzes anonymously collected data and information statistically, with the aim of increasing the data protection and data security of our enterprise, and to ensure an optimal level of protection for the personal data we process. The anonymous data of the server log files are stored separately from all personal data provided by a data subject.

5. Registration on our website

The data subject has the possibility to register on the website of the controller with the indication of personal data. Which personal data are transmitted to the controller is determined by the respective input mask used for the registration. The personal data entered by the data subject are collected and stored exclusively for internal use by the controller, and for his own purposes. The controller may request transfer to one or more processors (e.g. a parcel service) that also uses personal data for an internal purpose which is attributable to the controller.

By registering on the website of the controller, the IP address—assigned by the Internet service provider (ISP) and used by the data subject—date, and time of the registration are also stored. The storage of this data takes place against the background that this is the only way to prevent the misuse of our services, and, if necessary, to make it possible to investigate committed offenses. Insofar, the storage of this data is necessary to secure the controller. This data is not passed on to third parties unless there is a statutory obligation to pass on the data, or if the transfer serves the aim of criminal prosecution.

The registration of the data subject, with the voluntary indication of personal data, is intended to enable the controller to offer the data subject contents or services that may only be offered to registered users due to the nature of the matter in question. Registered persons are free to change the personal data specified during the registration at any time, or to have them completely deleted from the data stock of the controller.

The data controller shall, at any time, provide information upon request to each data subject as to what personal data are stored about the data subject. In addition, the data controller shall correct or erase personal data at the request or indication of the data subject, insofar as there are no statutory storage obligations. The entirety of the controller’s employees are available to the data subject in this respect as contact persons.

6. Subscription to our newsletters

On the website of the Nordsee-Hotel OHG, users are given the opportunity to subscribe to our enterprise's newsletter. The input mask used for this purpose determines what personal data are transmitted, as well as when the newsletter is ordered from the controller.

The Nordsee-Hotel OHG informs its customers and business partners regularly by means of a newsletter about enterprise offers. The enterprise's newsletter may only be received by the data subject if (1) the data subject has a valid e-mail address and (2) the data subject registers for the newsletter shipping. A confirmation e-mail will be sent to the e-mail address registered by a data subject for the first time for newsletter shipping, for legal reasons, in the double opt-in procedure. This confirmation e-mail is used to prove whether the owner of the e-mail address as the data subject is authorized to receive the newsletter.

During the registration for the newsletter, we also store the IP address of the computer system assigned by the Internet service provider (ISP) and used by the data subject at the time of the registration, as well as the date and time of the registration. The collection of this data is necessary in order to understand the (possible) misuse of the e-mail address of a data subject at a later date, and it therefore serves the aim of the legal protection of the controller.

The personal data collected as part of a registration for the newsletter will only be used to send our newsletter. In addition, subscribers to the newsletter may be informed by e-mail, as long as this is necessary for the operation of the newsletter service or a registration in question, as this could be the case in the event of modifications to the newsletter offer, or in the event of a change in technical circumstances. There will be no transfer of personal data collected by the newsletter service to third parties. The subscription to our newsletter may be terminated by the data subject at any time. The consent to the storage of personal data, which the data subject has given for shipping the newsletter, may be revoked at any time. For the purpose of revocation of consent, a corresponding link is found in each newsletter. It is also possible to unsubscribe from the newsletter at any time directly on the website of the controller, or to communicate this to the controller in a different way.

7. Newsletter-Tracking

The newsletter of the Nordsee-Hotel OHG contains so-called tracking pixels. A tracking pixel is a miniature graphic embedded in such e-mails, which are sent in HTML format to enable log file recording and analysis. This allows a statistical analysis of the success or failure of online marketing campaigns. Based on the embedded tracking pixel, the Nordsee-Hotel OHG may see if and when an e-mail was opened by a data subject, and which links in the e-mail were called up by data subjects.

Such personal data collected in the tracking pixels contained in the newsletters are stored and analyzed by the controller in order to optimize the shipping of the newsletter, as well as to adapt the content of future newsletters even better to the interests of the data subject. These personal data will not be passed on to third parties. Data subjects are at any time entitled to revoke the respective separate declaration of consent issued by means of the double-opt-in procedure. After a revocation, these personal data will be deleted by the controller. The Nordsee-Hotel OHG automatically regards a withdrawal from the receipt of the newsletter as a revocation.

8. Contact possibility via the website

The website of the Nordsee-Hotel OHG contains information that enables a quick electronic contact to our enterprise, as well as direct communication with us, which also includes a general address of the so-called electronic mail (e-mail address). If a data subject contacts the controller by e-mail or via a contact form, the personal data transmitted by the data subject are automatically stored. Such personal data transmitted on a voluntary basis by a data subject to the data controller are stored for the purpose of processing or contacting the data subject. There is no transfer of this personal data to third parties.

9. Routine erasure and blocking of personal data

The data controller shall process and store the personal data of the data subject only for the period necessary to achieve the purpose of storage, or as far as this is granted by the European legislator or other legislators in laws or regulations to which the controller is subject to.

If the storage purpose is not applicable, or if a storage period prescribed by the European legislator or another competent legislator expires, the personal data are routinely blocked or erased in accordance with legal requirements.

10. Rights of the data subject

  • a) Right of confirmation

    Each data subject shall have the right granted by the European legislator to obtain from the controller the confirmation as to whether or not personal data concerning him or her are being processed. If a data subject wishes to avail himself of this right of confirmation, he or she may, at any time, contact any employee of the controller.

  • b) Right of access

    Each data subject shall have the right granted by the European legislator to obtain from the controller free information about his or her personal data stored at any time and a copy of this information. Furthermore, the European directives and regulations grant the data subject access to the following information:

    • the purposes of the processing;
    • the categories of personal data concerned;
    • the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organisations;
    • where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period;
    • the existence of the right to request from the controller rectification or erasure of personal data, or restriction of processing of personal data concerning the data subject, or to object to such processing;
    • the existence of the right to lodge a complaint with a supervisory authority;
    • where the personal data are not collected from the data subject, any available information as to their source;
    • the existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) of the GDPR and, at least in those cases, meaningful information about the logic involved, as well as the significance and envisaged consequences of such processing for the data subject.

    Furthermore, the data subject shall have a right to obtain information as to whether personal data are transferred to a third country or to an international organisation. Where this is the case, the data subject shall have the right to be informed of the appropriate safeguards relating to the transfer.

    If a data subject wishes to avail himself of this right of access, he or she may, at any time, contact any employee of the controller.

  • c) Right to rectification

    Each data subject shall have the right granted by the European legislator to obtain from the controller without undue delay the rectification of inaccurate personal data concerning him or her. Taking into account the purposes of the processing, the data subject shall have the right to have incomplete personal data completed, including by means of providing a supplementary statement.

    If a data subject wishes to exercise this right to rectification, he or she may, at any time, contact any employee of the controller.

  • d) Right to erasure (Right to be forgotten)

    Each data subject shall have the right granted by the European legislator to obtain from the controller the erasure of personal data concerning him or her without undue delay, and the controller shall have the obligation to erase personal data without undue delay where one of the following grounds applies, as long as the processing is not necessary:

    • The personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed.
    • The data subject withdraws consent to which the processing is based according to point (a) of Article 6(1) of the GDPR, or point (a) of Article 9(2) of the GDPR, and where there is no other legal ground for the processing.
    • The data subject objects to the processing pursuant to Article 21(1) of the GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21(2) of the GDPR.
    • The personal data have been unlawfully processed.
    • The personal data must be erased for compliance with a legal obligation in Union or Member State law to which the controller is subject.
    • The personal data have been collected in relation to the offer of information society services referred to in Article 8(1) of the GDPR.

    If one of the aforementioned reasons applies, and a data subject wishes to request the erasure of personal data stored by the Nordsee-Hotel OHG, he or she may, at any time, contact any employee of the controller. An employee of Nordsee-Hotel OHG shall promptly ensure that the erasure request is complied with immediately.

    Where the controller has made personal data public and is obliged pursuant to Article 17(1) to erase the personal data, the controller, taking account of available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform other controllers processing the personal data that the data subject has requested erasure by such controllers of any links to, or copy or replication of, those personal data, as far as processing is not required. An employees of the Nordsee-Hotel OHG will arrange the necessary measures in individual cases.

  • e) Right of restriction of processing

    Each data subject shall have the right granted by the European legislator to obtain from the controller restriction of processing where one of the following applies:

    • The accuracy of the personal data is contested by the data subject, for a period enabling the controller to verify the accuracy of the personal data.
    • The processing is unlawful and the data subject opposes the erasure of the personal data and requests instead the restriction of their use instead.
    • The controller no longer needs the personal data for the purposes of the processing, but they are required by the data subject for the establishment, exercise or defence of legal claims.
    • The data subject has objected to processing pursuant to Article 21(1) of the GDPR pending the verification whether the legitimate grounds of the controller override those of the data subject.

    If one of the aforementioned conditions is met, and a data subject wishes to request the restriction of the processing of personal data stored by the Nordsee-Hotel OHG, he or she may at any time contact any employee of the controller. The employee of the Nordsee-Hotel OHG will arrange the restriction of the processing.

  • f) Right to data portability

    Each data subject shall have the right granted by the European legislator, to receive the personal data concerning him or her, which was provided to a controller, in a structured, commonly used and machine-readable format. He or she shall have the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided, as long as the processing is based on consent pursuant to point (a) of Article 6(1) of the GDPR or point (a) of Article 9(2) of the GDPR, or on a contract pursuant to point (b) of Article 6(1) of the GDPR, and the processing is carried out by automated means, as long as the processing is not necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.

    Furthermore, in exercising his or her right to data portability pursuant to Article 20(1) of the GDPR, the data subject shall have the right to have personal data transmitted directly from one controller to another, where technically feasible and when doing so does not adversely affect the rights and freedoms of others.

    In order to assert the right to data portability, the data subject may at any time contact any employee of the Nordsee-Hotel OHG.

  • g) Right to object

    Each data subject shall have the right granted by the European legislator to object, on grounds relating to his or her particular situation, at any time, to processing of personal data concerning him or her, which is based on point (e) or (f) of Article 6(1) of the GDPR. This also applies to profiling based on these provisions.

    The Nordsee-Hotel OHG shall no longer process the personal data in the event of the objection, unless we can demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject, or for the establishment, exercise or defence of legal claims.

    If the Nordsee-Hotel OHG processes personal data for direct marketing purposes, the data subject shall have the right to object at any time to processing of personal data concerning him or her for such marketing. This applies to profiling to the extent that it is related to such direct marketing. If the data subject objects to the Nordsee-Hotel OHG to the processing for direct marketing purposes, the Nordsee-Hotel OHG will no longer process the personal data for these purposes.

    In addition, the data subject has the right, on grounds relating to his or her particular situation, to object to processing of personal data concerning him or her by the Nordsee-Hotel OHG for scientific or historical research purposes, or for statistical purposes pursuant to Article 89(1) of the GDPR, unless the processing is necessary for the performance of a task carried out for reasons of public interest.

    In order to exercise the right to object, the data subject may contact any employee of the Nordsee-Hotel OHG. In addition, the data subject is free in the context of the use of information society services, and notwithstanding Directive 2002/58/EC, to use his or her right to object by automated means using technical specifications.

  • h) Automated individual decision-making, including profiling

    Each data subject shall have the right granted by the European legislator not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her, or similarly significantly affects him or her, as long as the decision (1) is not is necessary for entering into, or the performance of, a contract between the data subject and a data controller, or (2) is not authorised by Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard the data subject's rights and freedoms and legitimate interests, or (3) is not based on the data subject's explicit consent.

    If the decision (1) is necessary for entering into, or the performance of, a contract between the data subject and a data controller, or (2) it is based on the data subject's explicit consent, the Nordsee-Hotel OHG shall implement suitable measures to safeguard the data subject's rights and freedoms and legitimate interests, at least the right to obtain human intervention on the part of the controller, to express his or her point of view and contest the decision.

    If the data subject wishes to exercise the rights concerning automated individual decision-making, he or she may, at any time, contact any employee of the Nordsee-Hotel OHG.

  • i) Right to withdraw data protection consent

    Each data subject shall have the right granted by the European legislator to withdraw his or her consent to processing of his or her personal data at any time.

    If the data subject wishes to exercise the right to withdraw the consent, he or she may, at any time, contact any employee of the Nordsee-Hotel OHG.

11. Data protection for applications and the application procedures

The data controller shall collect and process the personal data of applicants for the purpose of the processing of the application procedure. The processing may also be carried out electronically. This is the case, in particular, if an applicant submits corresponding application documents by e-mail or by means of a web form on the website to the controller. If the data controller concludes an employment contract with an applicant, the submitted data will be stored for the purpose of processing the employment relationship in compliance with legal requirements. If no employment contract is concluded with the applicant by the controller, the application documents shall be automatically erased two months after notification of the refusal decision, provided that no other legitimate interests of the controller are opposed to the erasure. Other legitimate interest in this relation is, e.g. a burden of proof in a procedure under the General Equal Treatment Act (AGG).

12. Legal basis for the processing

Art. 6(1) lit. a GDPR serves as the legal basis for processing operations for which we obtain consent for a specific processing purpose. If the processing of personal data is necessary for the performance of a contract to which the data subject is party, as is the case, for example, when processing operations are necessary for the supply of goods or to provide any other service, the processing is based on Article 6(1) lit. b GDPR. The same applies to such processing operations which are necessary for carrying out pre-contractual measures, for example in the case of inquiries concerning our products or services. Is our company subject to a legal obligation by which processing of personal data is required, such as for the fulfillment of tax obligations, the processing is based on Art. 6(1) lit. c GDPR. In rare cases, the processing of personal data may be necessary to protect the vital interests of the data subject or of another natural person. This would be the case, for example, if a visitor were injured in our company and his name, age, health insurance data or other vital information would have to be passed on to a doctor, hospital or other third party. Then the processing would be based on Art. 6(1) lit. d GDPR. Finally, processing operations could be based on Article 6(1) lit. f GDPR. This legal basis is used for processing operations which are not covered by any of the abovementioned legal grounds, if processing is necessary for the purposes of the legitimate interests pursued by our company or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data. Such processing operations are particularly permissible because they have been specifically mentioned by the European legislator. He considered that a legitimate interest could be assumed if the data subject is a client of the controller (Recital 47 Sentence 2 GDPR).

13. The legitimate interests pursued by the controller or by a third party

Where the processing of personal data is based on Article 6(1) lit. f GDPR our legitimate interest is to carry out our business in favor of the well-being of all our employees and the shareholders.

14. Period for which the personal data will be stored

The criteria used to determine the period of storage of personal data is the respective statutory retention period. After expiration of that period, the corresponding data is routinely deleted, as long as it is no longer necessary for the fulfillment of the contract or the initiation of a contract.

15. Provision of personal data as statutory or contractual requirement; Requirement necessary to enter into a contract; Obligation of the data subject to provide the personal data; possible consequences of failure to provide such data

We clarify that the provision of personal data is partly required by law (e.g. tax regulations) or can also result from contractual provisions (e.g. information on the contractual partner). Sometimes it may be necessary to conclude a contract that the data subject provides us with personal data, which must subsequently be processed by us. The data subject is, for example, obliged to provide us with personal data when our company signs a contract with him or her. The non-provision of the personal data would have the consequence that the contract with the data subject could not be concluded. Before personal data is provided by the data subject, the data subject must contact any employee. The employee clarifies to the data subject whether the provision of the personal data is required by law or contract or is necessary for the conclusion of the contract, whether there is an obligation to provide the personal data and the consequences of non-provision of the personal data.

16. Existence of automated decision-making

As a responsible company, we do not use automatic decision-making or profiling.

This Privacy Policy has been generated by the Privacy Policy Generator of the German Association for Data Protection that was developed in cooperation with Privacy Lawyers from WILDE BEUGER SOLMECKE, Cologne.

Terms and Conditions

Nordsee-Hotel OHG, Borkum

  1. Scope
    • These Terms and Conditions govern contracts for the rental use of hotel rooms for accommodation and all the services in this regard for the customer other services and supplies of North Sea Hotel OHG on Borkum (short: Nordsee-Hotel). The term Hotel Accommodation Contract includes and replaces the following terms: accommodation, lodging, hotel, hotel room contract.
    • The subletting or re-letting of the rooms and their use for purposes other than accommodation require the prior consent of the hotel in writing, whereby § 540, paragraph l sentence 2 BGB will be waived if the customer is not a consumer.
    • Terms and conditions of the customer only apply if this has been explicitly agreed in writing.
    • Customers within the meaning of these Terms and Conditions are both consumers and entrepreneurs within the meaning of §§ 13, 14 BGB.
  2. Conclusion, Parties, Statute of Limitations
    • The contract is concluded by the acceptance of the customer's application by the hotel. Makes the hotel the customer a firm offer, the contract is concluded by the acceptance of the hotel offer upon by the customer. The hotel is at liberty to confirm the room reservation in text form.
    • Contractual partners are the hotel and the customer. Has placed the order for Mom, the customer is liable to the hotel together with the third party jointly and severally liable for all obligations from the hotel accommodation contract, if the hotel has a corresponding statement by the third party.
    • All claims of the customer or a third party against the hotel become time-barred in 1 year after the commencement of the general statute of limitations dependent upon knowledge in terms of § 199 para. 1 BGB. Claims for damages against the hotel shall, however knowledgeable depending latest in 3 years, independent of knowledge in the latest 10 years from the breach of duty. These limitation periods shall not apply ...
      • for claims which are to cause by intent or gross negligence of the hotel - based - also its agents.
      • for negligent damage arising from injury to life, body or health.
    • In negligent property and financial losses the shortened limitation periods do not apply to the violation of an essential contractual obligation. Material contractual obligations are those whose performance characterizes the contract and to which the customer can rely.
  3. Services, prices, payment, set-off
    • The hotel is obliged to provide the booked rooms and to provide the agreed services.
    • The customer is obligated to pay the applicable or agreed for the rooms provided and for other services used by him in the hotel prices. This also applies to caused by the customer services and expenses of the hotel to third parties. The agreed prices include the date when the contract was concluded taxes and local charges. It does not include local taxes, which are payable by the guest after the relevant municipal law, such as taxes. When changing the statutory rate or the introduction, modification or abolition of local taxes on the subject of performance after the contract prices will be adjusted accordingly. For contracts with consumers, this only applies if the period between conclusion and fulfillment of the contract exceeds 4 months.
    • The hotel can make its agreement to the customer's later reduction in the number of reserved rooms, the hotel services or the duration of the customer dependent on the price of the room or for the other services of the hotels increased.
    • Hotel invoices not showing a due date are within 10 calendar days from receipt of the invoice without deduction. The hotel is entitled to call in accrued amounts at any time and to demand immediate payment. In case of default, the Hotel is entitled to demand the respectively applicable statutory default interest in the amount of currently 9 percentage points respectively, with legal transactions with a consumer is involved in the amount of 5 percentage points above the base rate. The hotel also can be asserted in the event of default, a fee of 5,00 EUR per reminder. The hotel, the detection and claim higher damages is reserved.
    • The hotel is entitled to demand at contract conclusion or after observing the legal provisions for package tours an appropriate advance payment or security. The amount of the advance payment and payment dates may be agreed in the contract in writing.
    • In justified cases, eg. in arrears of customers or expand the scope of the contract, the hotel requires a pre-payment or security deposit within the meaning of the above paragraph 5 or an increase of the agreed in the contract advance payment or security is entitled, even after conclusion of the contract for up to the total agreed remuneration.
    • The customer may only offset undisputed or legally binding claim against a claim by the hotel.
  4. Repudiation by Customer (cancellation / non-use of the hotel's services (No Show)
    • Cancellation by the customer of the contract concluded with the hotel requires without exception in writing.
    • The customer is obligated to pay the agreed price when ordering. Failure to use the agreed services, the customer agrees to pay the Nordsee-Hotel following pay damages.
      • until 28 days before arrival, the agreement must be canceled.
      • 27-14 days prior to arrival
        • 45% with booked overnight stay with breakfast
        • 40% when booking accommodation with half board
        • 35% when booked accommodation with full board
      • 13-0 days prior to arrival
        • 80% with booked overnight stay with breakfast
        • 70% when booking accommodation with half board
        • 60% when booked accommodation with full board
      • for early departure
        • 80% with booked overnight stay with breakfast
        • 70% when booking accommodation with half board
        • 60% when booked accommodation with full board
    • The customer is free to prove that the claim is not created or not created in the amount demanded.
    • The Nordseehotel is held in good faith, to relet unused rooms if possible. The guest is free for the periods from the obligation to pay damages in which succeeds the North Sea hotel, to rent the total rentable rooms in the house of the agreed category (double rooms, single rooms, suites), thereby avoiding the failure. The corresponding loss statement is prepared immediately after the scheduled departure date and sent to the guest.
  5. Withdrawal by the Hotel
    • Insofar as it was contractually agreed that the customer can withdraw within a certain period free from the contract (§ IV), the hotel is entitled for its part during this period, withdraw from the contract if there are inquiries from other customers regarding the contractually reserved rooms and the customer, upon inquiry the hotel on his right of rescission does not waive.
    • The hotel will have an agreed upon or in accordance with Section III, points 5 and / or 6 pre-payment required or schritfliche counterconfirmation not paid after expiry of a reasonable grace period set by the hotel, so is also entitled to rescind the contract.
    • Furthermore, the hotel is entitled to a materially justifiable cause from the contract - also during the stay - extraordinary cancellation, eg if
      • Make it impossible to force majeure or other circumstances beyond the hotel is not the fulfillment of the contract;
      • Rooms or spaces culpably essential contractual basis of misleading or false information regarding the facts, for example, are posted on the person of the customer or the purpose of his stay;
      • the hotel has justified cause to believe that use of the hotel's services might jeopardize the smooth operation, security or reputation of the hotel in public, without being attributable to the management or organization of the hotel;
      • the purpose or the cause of the stay is illegal;
      • Customer offensive manifests itself directly opposite or to third parties over the employees of the house or the management.
      • the customer is smoking outside designated smoking areas in the home
      • a breach above paragraph I no. 2 is present.
    • Upon justified cancellation by the hotel does not claim the customer for damages.
  6. Room provision, delivery and return
    • The customer has no right to be provided specific rooms or accommodation on certain floors, to the extent this has not been expressly agreed.
    • Reserved rooms are available to the customer at the earliest from 15.00 clock on the agreed day of arrival. The customer is not entitled to an earlier provision.
    • On the agreed day of departure the room must be made to the hotel at 11.00 clock at the latest available. After that the hotel can provide in case of late vacating of the room for use exceeding the contractual time to 18.00 clock 50% of the currently valid daily accommodation rate charged, from 18.00 clock then 100%. Contractual claims of the customer shall be created thereby. The customer is at liberty to prove that the hotel incurred no or much lesser claim arose on usage fee. In addition, the hotel, the detection and claim higher damages is reserved.
  7. Liability of the hotel
    • The hotel is liable for its obligations under the Treaty. Customer claims for compensation are excluded. This excludes damage from injury to life, limb or health, if the hotel is responsible for the breach of duty, other damages that are based on an intentional or grossly negligent breach of obligation and damage from an intentional or negligent breach typical contractual obligations of the hotel is based. A breach of obligation by a legal representative or vicarious agent. Should disruptions or defects in the performance of the hotel occur, the hotel will endeavor with knowledge or on immediate complaint of the customer, to take remedial action. The customer is obligated to contribute reasonable to eliminate the disruption and to keep any possible damage at a minimum.
    • For property brought into the Hotel is liable to the customer in accordance with the statutory provisions. Accordingly, the liability is limited to one hundred times the room rate, but a maximum of € 3.500, - and derogation for cash, securities and valuables up to a maximum of € 800, -. Money, securities and valuables can be stored for up to a maximum of € 3,000.00 € in room safe. The hotel recommends that guests make use of this possibility.
    • If the customer is a parking space in the hotel parking lot, even if a fee is provided, this does not constitute a safekeeping agreement. For loss of or damage to the hotel property parked or motor vehicles and their contents, the Hotel is not liable, except for willful misconduct or gross negligence. For the preclusion of damage claims of the customer, the regulation of the preceding paragraph l, sentences 2 to 4 shall apply mutatis mutandis.
    • Wake-up calls are carried out with the utmost care. Messages, mail and merchandise deliveries for guests are handled with care. The hotel will deliver, hold, and - upon request - for a fee forward such items. For the preclusion of damage claims of the customer, the regulation of the preceding paragraph l, sentences 2 to 4 shall apply mutatis mutandis.
  8. Further agreements
    • The customer agrees - provided that it is smoke - to smoke within the approved areas for smoking in the house. The hotel is entitled in case of violation, to terminate the contract immediately without notice and for the guest liable for damages. Should the customer smoke in the hotel rooms, the hotel is entitled to charge an expense / cleaning allowance of 75.00 € additionally.
    • Dogs only on prior notification and written by the hotel confirmed a fee of € 9.00 per day was added. Dogs are not allowed in the restaurant and the swimming pool closed. Dogs are all to keep in the house on a leash. The hotel is entitled in case of violation, to terminate the contract immediately without notice and for the guest liable for damages. The hotel brings the customer unannounced with a dog, so also has the right to contract immediately without notice and to terminate payment of compensation for the guest.
  9. final provisions
    • Changes and additions to the contract, the acceptance of these General Terms and Conditions should be made in writing. Unilateral changes or additions by the customer are invalid.
    • Performance and payment is the hotel's location.
    • The exclusive jurisdiction - also for check and exchange disputes - for commercial transactions is Aurich / NDS. Insofar as a contracting party fulfills the requirements of § 38 paragraph has 2 ZPO and has no general jurisdiction in Germany, jurisdiction shall be Aurich / NDS.
    • Only German law. The application of the CISG and the conflict of laws is excluded.
    • If any provision of these terms and conditions be invalid or void, so the validity of the remaining provisions shall not be affected. In addition, the statutory provisions apply.
  10. Mandatory information according to Regulation (EU) no. 524/2013 of the European Parliament and Council:

    Follow this link to the website of the European Commission’s entity for online dispute resolution for consumer disputes: http://ec.europa.eu/consumers/odr/ further information is available if you follow the link. Should you have any initial questions concerning a potential dispute resolution, please email us at This email address is being protected from spambots. You need JavaScript enabled to view it..


These Terms and Conditions become valid as of 11.25.2015. All previous terms and conditions lose their validity as of this date.

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