1. General
1.1 Scope
These general terms and conditions apply in the version valid at the time the contract was concluded for all business relationships between us at HARBOR GRILL, Urb. El Toro s/n, Port Adriano Local C 1,1-1,2, 07180 Calvia and you. If you use conflicting general terms and conditions, these are hereby expressly contradicted.

1.2 Contract Agreement
Contract language is German.

1.3 Conclusion of contract
1.3.1 Individual conclusion of contract
The conclusion of the contract can also take place individually through offer and acceptance (e.g. by e-mail). Unless otherwise agreed, the usual procedure is that you send us an inquiry and then receive a reservation confirmation from us.

2. Description of Services
2.1 Provision of Services
We are entitled to have the contract or parts of the contract performed by third parties.

 

2.2 Time of Performance
Unless expressly agreed otherwise, we will provide the service at the agreed time of your reservation.

2.3 Provision of motif for film or photo shoots
Film or photo recordings for non-private purposes, commercial recordings or recordings for public performance or broadcasting require our approval and are to be remunerated separately.

 

3. Payment
3.1 Prices
All prices are in EURO including sales tax. Your bill for the consumed goods is to be paid immediately. Cash and credit card payments are accepted.

3.2 Cancellations of events (reduction in the number of participants)
At events, we will charge you for 90% of the total amount if you do not use it, unless we can assign the premises to someone else.
You can cancel the event free of charge or reduce the number of participants up to 30 days before the start of the event.
You reserve the right to prove that we incurred no or lower costs.
For events for 10 or more people where food and/or drinks are served, the organizer must inform us of the choice of food no later than 21 working days before the start of the event. If this information is sent to us late, the desired food or drinks may no longer be offered.

4. Right of Withdrawal
The right of withdrawal does not apply to distance contracts for the provision of services in the areas of accommodation for purposes other than residential purposes, transport of goods, motor vehicle rental, delivery of food and beverages and the provision of other services in connection with leisure activities if the contract for the provision of a specific date or period.

5. Your Responsibility
5.1 General
You are solely responsible for the content and correctness of the data you transmit when booking.

5.2 Items
You must treat the items owned by us or third parties that are made available to you under the contract (e.g. room furnishings) with care at all times.

5.3 Conduct
The consumption of drugs is not permitted during your stay in our hotel. The consumption of alcohol is only permitted to a limited extent. If we recognize that you are showing signs of failure or the like and are thereby endangering the well-being of other guests and towards us (e.g. through aggressive behavior), we reserve the right to expel you from our hotel. Fees already paid cannot be refunded in the named cases.

6. Liability
6.1 Disclaimer
We and our legal representatives and vicarious agents are only liable for intent or gross negligence. Insofar as essential contractual obligations (and consequently those obligations whose compliance is of particular importance for the achievement of the purpose of the contract) are affected, liability is also assumed for slight negligence. Liability is limited to foreseeable, contract-typical damage. In the event of a grossly negligent breach of non-essential contractual obligations, we are only liable to entrepreneurs in the amount of the foreseeable, contract-typical damage.

6.2 Disclaimer
The above exclusion of liability does not apply to liability for damage resulting from injury to life, limb or health. The provisions of the Product Liability Act also remain unaffected by this disclaimer.

6.3 Theft
You are responsible for securing your belongings against theft and storing them properly.

 

7. Final Provisions
7.1 Jurisdiction
Our place of business is agreed as the exclusive place of jurisdiction for all legal disputes arising from this contract if you are a merchant, a legal entity under public law or a special fund under public law or if you do not have a place of jurisdiction in the federal republic of Germany.

 

7.2 Choice of Law
Insofar as there are no mandatory legal provisions according to your home law, German law shall apply to the exclusion of the UN Sales Convention.

7.3 Consumer Dispute Resolution Procedure
The EU Commission has created an internet platform for the online settlement of disputes regarding contractual obligations from online contracts (OS platform). You can access the OS platform at the following link: http://ec.europa.eu/consumers/odr/. We are not willing and not obliged to participate in a dispute settlement procedure before a consumer arbitration board.

7.4 Severability
ClauseThe invalidity of individual provisions does not affect the validity of the remaining general terms and conditions.

 

II. Data protection

1. General
Personal data collected and processed by us as part of the conclusion and execution of the contract are used exclusively to establish the contract, design the content, implement or process the contractual relationship (Article 6 I b GDPR). In principle, they will not be passed on to third parties. In order to process payments, the payment data required for this will be passed on to the bank commissioned with the payment and, if applicable, the commissioned and selected payment service provider. Personal data is therefore only used to the extent necessary or if we are required to do so by law or court order, or if necessary to lawfully prevent misuse contrary to the General Terms and Conditions.

2. Storage
After the end of the purpose for which the data was collected, we only store your personal data for as long as this is required by law (in particular tax law) regulations.

3. Your rights in relation to your data
3.1 Information
You can request information from us as to whether we process your personal data and, if this is the case, you have a right to information about this personal data and to the further information specified in Art. 15 DSGVO.

3.2 Right to Rectification
You have the right to correct incorrect personal data concerning you and, in accordance with Art. 16 GDPR, you can request the completion of incomplete personal data.

3.3 Right to erasure
You have the right to request that the personal data concerning you be deleted immediately. We are obliged to delete them immediately, especially if one of the following reasons applies:

• Your personal data are no longer necessary for the purposes for which they were collected or otherwise processed.
• You withdraw your consent on which the processing of your data was based and there is no other legal basis for the processing.
• Your data has been unlawfully processed.The right to erasure does not exist if your personal data is required to assert, exercise or defend our legal claims.
  
  

3.4 Right to restriction of processing
You have the right to request that we restrict the processing of your personal data if

• you dispute the accuracy of the data and we therefore check the accuracy,
• the processing is unlawful and you reject the deletion and instead request the restriction of use
• we no longer need the data, but you need them to assert, exercise or defend legal claims,
• You have lodged an objection to the processing of your data and it has not yet been determined whether our legitimate reasons outweigh your reasons.

 

3.5 Right to data portability
You have the right to receive the personal data that you have provided to us in a structured, common and machine-readable format and you have the right to transmit this data to another person responsible without hindrance from us, provided that the processing is based on consent or a contract and the processing is carried out by us using automated procedures.

3.6 Right of Withdrawal
If the processing of your personal data is based on consent, you have the right to revoke this consent at any time.

3.7 General and Right to Complain
The exercise of your above rights is basically free of charge for you. In the event of complaints, you have the right to contact the data protection supervisory authority responsible for us directly.

4. Responsible body / contact for data protection
To contact us regarding data protection, you are welcome to contact us using the following contact options. Responsible in the sense of the GDPR:

HARBOUR GRILL

Urb. El Toro s/n

Port Adriano Local C 1,1-1,2

07180 Calvia