These Terms and Conditions regulate participation in all competitions on the website www.ghotel.de and the implementation of such competitions insofar as no explicit reference is made to separate participation terms or franchised partners are affected via their websites.
The hotel brands GHOTEL hotel & living and nestor are part of the portfolio of The Chocolate on the Pillow Group. The organiser is The Chocolate on the Pillow Group, Peter-Huppertz-Str. 15, 51063 Köln (hereinafter referred to as the “Organiser”). By participating in the respective competition, the participants accept the following terms.
Eligibility Insofar as no other provisions are detailed in the respective competition, natural persons domiciled in Germany, Austria or Switzerland who are at least 18 years old are eligible to participate. Employees of the Organiser and of companies affiliated with the Organiser, as well as employees of cooperation partners which are or were involved in the creation or processing of the competition, are excluded. Multiple submissions, as well as participation via automated mass procedures or competition associations, are not permissible.
The exact participation period, the competition question and the nature of the participation and winning opportunity, as well as, where applicable, the details of the prize, are described in detail on the respective competition website.
Processing the prize
The prize is either sent to the postal address specified by the participant or the winners are informed that they have won after the competition ends via the email address provided when entering the competition (for competitions via external sites, such as Facebook: via a post on the respective website), as well as about how the prize is processed and any next steps which may be required (e.g. provision of the full postal address or returning any documents). If a participant cannot be contacted or does not complete the next steps by the deadline with which it has been provided, the Organiser is entitled to select a new winner. The claim of the original winner expires.
The item presented as the prize within the framework of the competition may deviate from the item which has been won (e.g. with respect to the model, colour etc.).Cash payment of the prize (insofar as the prize is not cash) or any transfer of the prize to other persons is not possible.Prizes are only sent to an address which is in a country that is permissible for the competition. Despite taking over the shipping costs, the place of fulfilment shall remain the registered office of the Organiser.In the event the prize is a holiday, the processing takes place between the winner and the Organiser and/or an agency or travel company appointed by the Organiser. There shall be no entitlement to a specific travel date. If the holiday is not carried out on the dates or within the period of time specified in the competition for reasons for which the Organiser is not responsible, there shall no longer be any entitlement to the prize. By confirming the holiday, the winner is subject to the travel company’s terms of travel. Travel to and from the starting point of the holiday (airport, train station etc.) is at the winner’s expense insofar as no other arrangements were specified in the competition or expressly agreed. The same applies to all personal costs incurred during the holiday (minibar, telephone etc.).The claim of the original winner expires if the transmission of the prize does not take place within one month of the initial win notification for reasons which are within its sphere of responsibility.
Cancellation of the competition The Organiser retains the right to cancel or terminate the competition at any time. This applies, in particular, in the event of force majeure or in the event that the competition cannot be carried out and/or continued for other (organisational, technical or legal) reasons. In such cases, the participants shall have no entitlement to any claims against the Organiser.
Rights of use, indemnity and responsibility
Insofar as creative contributions are submitted within the framework of the competition (e.g. photos, videos or stories), the following shall apply:
a) The Organiser is not obliged to review the content submitted by the participants (e.g. images) for any potential infringements of third-party rights. However, the Organiser is entitled to reject content if, in its proper assessment, such content is deemed to be unlawful or immoral. By uploading content, in particular images, the participants confirm that such content is free from any third-party rights, i.e. that the content was either created by them or that they have obtained the consent of the copyright holder, as well as the persons shown in the images and videos, and that these persons are at least 16 years old. The participants indemnify the Organiser from all third-party claims arising from the content which has been provided. They confirm that they will provide the Organiser with support in all reasonable forms in its defence against such claims.b) The participants agree that their submissions in connection with the competition and the prize draw, processing and presentation of the participant contributions may be used, distributed and made available to third parties in other ways by the Organiser in online and offline media (e.g. in print) and in all other forms of use. In addition, for these purposes, the Organiser is authorised to edit the submissions and, if necessary, grant third parties rights of use to these submissions. With regard to rights of use, this covers making the image material available online to third parties and archiving the images. The rights are granted free of charge and with no restrictions in terms of location, content or time.c) The participant waives any right it may have to be named as the copyright holder arising from Section 13 Copyright Act (UrhG), as well as to being named in full in connection with its submissions.
Availability and function of the competition The availability and function of the competition cannot be guaranteed. As a result of external circumstances or constraints, the competition may be terminated or removed without any participant claims arising from this against the Organiser. This includes, for example, technical issues, changes to the rules or decisions by platforms such as Facebook if the competition is being organised on or in connection with such platforms.
Disclaimer The Organiser shall not be liable for damages incurred as a result of disruptions to technical systems, for delays or interruptions in transmissions or for damages incurred in connection with participation in the competition and/or with the acceptance and use of the prize unless the Organiser and/or its vicarious agents are acting with intent or gross negligence. This shall not affect any claims for compensation on the basis of loss of life, physical injury and damage to health, as well as essential contractual obligations. In the event essential contractual obligations are breached, the Organiser’s liability shall be limited to the foreseeable losses that are typical of the contract.
Additional disclaimer for travel issues
If the prize is a holiday, for which the Organiser is, by way of exception, to be viewed as a travel company, and if the participant has provided real consideration (e.g. submission of text, photos, songs or videos), the following shall apply in addition to Section 8:
The contractual liability of the Organiser for damages not relating to physical injuries shall be limited to three times the price of the holiday,-insofar as damages incurred by the participant were neither intentional nor a result of gross negligence by the Organiser or
-insofar as the Organiser is solely responsible for damage to the traveller due to the fault of a service provider (e.g. airline, hotel).The Organiser shall not be liable for service disruptions, personal injury and damage to property related to third-party services for which the Organiser is only the brokering agent insofar as these services are recognisably not part of the Organiser’s travel services for the traveller. This shall not apply in the event that the infringement of information obligations, clarification obligations and organisational obligations of the Organiser is the cause of damages incurred by the traveller.For purposes of clarification only, we note that the Organiser shall not be liable for travel issues in any case in the event that it is not acting as a travel company (i.e. does not compile a package of travel services under its own responsibility but merely brokers a contract with a third-party travel company or no significant service had to be provided by the winner to participate in the competition)
Policies and conditions of third-party platforms (e.g. Facebook)
b) Participants may not assert any claims against the third-party platform (e.g. Facebook) which arise in connection with the use of the competition application or participation in the competition.
c) The participants understand that neither the competition application nor the competition are sponsored, supported or organised by the third-party platform (e.g. Facebook) in any way and that these have no connection to the third-party platform (e.g. Facebook).
d) All information and data shared via the use of the competition application or during the competition by the participants or collected from the participants is only provided to the Organiser and not to the third-party platform (e.g. Facebook).
e) All queries and comments relating to the competition are to be directed to the Organiser and not to the third-party platform (e.g. Facebook).
Other legal information
The Organiser retains the right to exclude persons from the competition. Persons who use unauthorised aids or gain advantage through manipulation, in particular, shall be excluded. The Organiser may issue an exclusion of this kind retrospectively, withdraw prizes or reclaim prizes. The Organiser shall be free in its assessment.Should individual provisions of these Terms and Conditions be invalid, this invalidity shall not affect the validity of the remaining Terms and Conditions.The law of the Federal Republic of Germany shall apply. Any recourse to courts of law is excluded.
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