AGB & Data protection

1. scope of application

1.1

The following General Terms and Conditions (GTC) shall apply to all business relationships between Luther A&B GmbH, Hauptplatz 34, 8970 Schladming (hereinafter referred to as "Luther") and its customers and business partners (hereinafter referred to as "Contractual Partner") for all transactions conducted in any manner whatsoever - whether between parties present or otherwise - in particular via the Luther website www.luther.restaurant.

1.2

In particular, these are the business relationships with suppliers and the table reservations and contracts for consumption in the Luther Alpenbrasserie & Bar restaurant

1.3

These GTC apply exclusively. The version valid at the time the contract is concluded shall apply. By concluding a transaction, the contractual partner agrees to these General Terms and Conditions and is bound by them, as is the customer when making a booking. These GTC shall also apply to future business transactions and bookings, even if they are not expressly agreed again.

1.4

Deviating, conflicting or supplementary General Terms and Conditions shall not become part of the contract, even if we are aware of them, unless their validity is expressly agreed.

2. conclusion of contract

The seller may accept the customer's offer within five days,

by sending the customer a written order confirmation or an order confirmation in text form (fax or email), whereby the receipt of the order confirmation by the customer is decisive in this respect, or by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive in this respect, or by requesting payment from the customer after placing the order. If several of the aforementioned alternatives exist, the contract is concluded at the point in time at which one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the offer is sent by the customer and ends at the end of the fifth day following the sending of the offer. If the seller does not accept the customer's offer within the aforementioned period, this shall be deemed a rejection of the offer with the consequence that the customer is no longer bound by his declaration of intent.

2.1

Only the German language is available for the conclusion of the contract.

2.2

Order processing and contact are generally carried out by e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct so that the e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.

2.3

When ordering alcoholic beverages, the customer confirms by sending the order that he has reached the legally required minimum age and undertakes to ensure that either he or a person of legal age authorized by him may accept the goods.

3. right of withdrawal

3.1

Consumers are generally entitled to a right of withdrawal.

3.2

Further information on the right of withdrawal can be found in the seller's withdrawal policy.

4. invoicing and payment modalities

4.1

In the case of normal table reservations or bookings, the invoice amount is usually due upon consumption and the invoice is issued before leaving the restaurant.

4.2

Invoicing for events and functions takes place on the day of the reservation date. Unless otherwise agreed, invoices are due immediately. If payment is more than 14 days overdue, statutory default interest must be paid.

4.3

In the event of default in payment by the contractual partner, incoming payments shall first be offset against the costs incurred in recovering the debt and only then against the capital. The contractual partner undertakes to pay all necessary costs associated with the collection of the claim. The contractual partner undertakes to bear all costs of appropriate extrajudicial debt collection and recovery measures, insofar as these are in reasonable proportion to the claim being pursued.

4.4

Technical payment processing If payments are made by credit card, these are processed by suitable payment service providers. The contractual partner can cancel their payment until the payment overview is displayed and the payment data is confirmed.

5. reservation of title

If the seller makes advance payment, he shall retain title to the delivered goods until the purchase price owed has been paid in full.

6. liability for defects (warranty)

6.1

If the purchased item is defective, the provisions of statutory liability for defects shall apply.

6.2

The customer is requested to complain to the deliverer about delivered goods with obvious transport damage and to inform the seller of this. If the customer fails to do so, this shall have no effect on his statutory or contractual claims for defects.

7. vouchers

7.1

Vouchers of any kind will not be redeemed in cash. If there is a period of validity, it will be specified and defined directly on the respective voucher. Luther shall not provide compensation for the loss of vouchers of any kind.

7.2

Gift vouchers can only be used for the purchase of goods and not for the purchase of further gift vouchers.

7.3

If the value of the gift voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be selected to settle the difference.

8. liability

8.1

Luther shall endeavor to exercise the greatest possible care in the performance of its services and shall take appropriate measures in this regard.

8.2

Claims for damages in cases of slight negligence are excluded. Should this limitation of liability not be permissible, for example vis-à-vis consumers within the meaning of Section 1 (2) of the Consumer Protection Act, liability shall be limited to the order value per event in cases of slight negligence.

8.3

8.4

The exclusion of liability shall not apply to claims under the Product Liability Act or to damages attributable to Luther arising from injury to body or health or loss of life of the customer. However, all claims of the customer for reimbursement of expenses and indirect damages are completely excluded.

8.5

Luther is only liable for its own content on its website. Where links provide access to other websites, Luther is not responsible for the third-party content contained therein. Luther does not adopt the third-party content as its own. If Luther becomes aware of illegal content on external websites, Luther will immediately block access to these websites.

9. privacy policy

9.1

Luther has complied with its duty to provide information in accordance with national and European data protection regulations, including through the data protection declaration on its website, which can be accessed at any time. By submitting the booking, the Contractual Partner confirms that it has accessed and read this. The personal data provided by the Contractual Partner (name of contact person, address, other contact information, bank details) shall be stored and electronically processed by Luther for the purpose of processing the contract. It may be necessary to pass on this data for payment processing and/or delivery. The contracting party shall be obliged to notify Luther of any changes to its residential or business address as long as the legal transaction that is the subject of the contract has not been completely fulfilled by both parties. If such notification is omitted, declarations shall be deemed to have been received even if they are sent to the last known address.

9.2

Processing of personal data Luther collects, processes and uses personal data exclusively in accordance with the applicable provisions of data protection laws, in particular in accordance with the EU General Data Protection Regulation. In particular, Luther shall process the personal data in inquiries, bookings, reservations and other communications from the Contractual Partner to the extent specified by the Contractual Partner for the purpose of processing the order and fulfilling (pre-)contractual obligations.

10 Alternative dispute resolution

10.1

The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr. This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.

10.2

The seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.