GENERAL TERMS AND CONDITIONS OF THE GIPFELSTÜRMER REWARDS CLUB
1 General
The following general terms and conditions apply to the "Gipfelstürmer" customer loyalty programme (hereinafter referred to as the "regular guest club"), which applies to the business Hotel Obermühle GmbH (hereinafter referred to as the "Obermühle"). Participation in the regular guest club enables a natural person (hereinafter referred to as a "guest") to collect points (Vertical Meters) by paying for services at the Obermühle as defined below in more detail, and which can be redeemed for certain rewards.
The provider of the regular guest club is Hotel Obermühle GmbH (hereinafter referred to as the "Obermühle"). The general terms and conditions of Hotel Obermühle GmbH shall apply in addition to these general terms and conditions.
Participation in the regular guest club requires the guest to complete the application form online and to submit full and truthful information at www.hotel-obermuehle.de. The procedure for participation in the regular guest club is free of charge.
Any natural person who has attained the age of 18 years old is entitled to participate. Multiple registrations are not permitted and there is no legal claim to participation. Employees of the Obermühle may not participate. The participation of legal persons under public or private law or of special funds is excluded.
By registering, the guest agrees to the general terms and conditions of the regular guest club.
2 Collect points / Exclusion of the awarding of points / Rewards from cooperation partners
Membership in the regular guest club enables guests to collect altitude metres (hereinafter referred to as "points"). Points are only awarded for the following transactions: payment for overnight stays, breakfast, half board, restaurant services, consumption at the hotel bar, spa services and parking fees (hereinafter referred to as "services for which points are awarded"). Two points will be credited to the guest for each full Euro the guest spends on food and beverage services. The guest shall be awarded one point for the sales amount of all other services for which points have been earned. The sales amount corresponds to the net amount. Points are valid for three years (departure after 4th November 2024) from the date of departure. Points will only be awarded after the stay. For new registrations after 4th November 2024, past stays before 4th November 2024 cannot be taken into account.
If a payment that is not made in cash by the guest for services for which points have been awarded cannot be enforced immediately (a reminder from Obermühle is not required), the points awarded in connection with this service may be subsequently deleted by the provider.
Once a guest is successfully registered for the regular guest club, they will receive an annual voucher on their birthday (hereinafter referred to as the "birthday voucher”). The amount of the birthday voucher can be viewed by members on the Obermühle website at any time. The birthday voucher is valid for two years from the day the guest retrieves the voucher.
Guests will only be awarded points if the following additional conditions are fulfilled:
- The guest is the person who has booked the services for which with points are awarded.
- Guests will be only awarded points when they pay for the respective services themselves. If a third party (e.g. the employer) pays for the services for which points are awarded, the Obermühle may award the points to the guest, but the guest shall have no claim to such award. The Obermühle hereby states that the guest must obtain any necessary consent from the third party to award the points in the guest’s favour. The Obermühle is under no obligation to honour points in favour of the third party.
- The guest must notify the hotel reception of their participation in the regular guest club prior to the respective payment transaction for which points will be earned.
Points may be awarded to the guest for stays with departure date after 4th November 2024 up to three years after the date of departure for services for which points are awarded prior to the date of their declaration of registration to the regular guest club. Stays with departure before 4th November 2024 cannot be considered for new registrations.
Services for which points are awarded do not include payments for external costs, such as visitor's tax, cultural promotion tax, etc., cash expenses and services booked through a tour operator or travel agent, stays charged at special rates or as part of a specific event. Similarly, no points will be awarded for services that the guest pays for by redeeming points with vouchers (from tour operators or travel agents) or with coupons.
Only direct bookings are qualified.
Foreign currencies will be converted internally based on the respective valid exchange rate to calculate the points awarded. No points will be awarded for rewards granted by the Obermühle based on the redemption of points.
As part of the regular guest club on 4th November 2024, guests are granted rewards based on their on 4th November 2024 valid turnover at the Obermühle. The rewards are determined by the on 4th November 2024 valid turnover in the actual loyalty club at the Obermühle which grants the guest the Wank (EUR 0.00 to EUR 1,999.99), Kramer (EUR 2,000.00 to EUR 9,999.00), Alpspitze (EUR 10,000.00 to EUR 24,999.99) or Zugspitze (from EUR 25,000.00) status. The turnover of the last two years transferred with the restart of the programme on 22 November 2024 is valid for three years. Any new turnover from the restart is also valid for three years. The respective next higher status level is only valid from the stay after the new status. The content associated with the respective status can be viewed on the Obermühle website. No claims in favour of the guest arise from the regular guest club in addition to the rewards. For new registrations after 4th November 2024, the turnover from 4th November 2024 is relevant.
The turnover is calculated based on the invoice amount. The invoice amount paid is used as the turnover for categorisation in the club level. It is only possible to invoice guests who are present. It is not possible to issue the invoice to absent guests who were not in the house and did not utilise the service themselves. It is not possible to transfer the bill to another guest afterwards. The turnover is valid for three years from the date of departure. Once the turnover has expired, the status will be recalculated and possibly downgraded.
The Obermühle reserves the right to terminate the regular guest club at any time without giving reasons or to replace it with another bonus programme. No claims for damages by the guest shall arise from the termination or replacement of the regular guest club. In all other respects, the provisions of the regular guest club shall apply.
3 Redeem awards / Change to the rewards
The points collected can be redeemed for rewards. The current list of rewards is listed on www.hotel-obermuehle.de. The provider reserves the right to change the rewards at any time at its own discretion, provided that the guest is not adversely affected in a way that is contrary to good faith.
The points redeemed are those that have been acquired first. The conversion of points into a monetary value and the payment of such to the guest are excluded.
Insofar as the guest acquires a reward that entitles them to stay at the Obermühle by redeeming points, guests must book the stay arising from the reward via the service centre. Guests may only redeem such rewards upon request and subject to availability.
The corresponding number of points will be deducted from the guest's frequent guest club points account when this reward is redeemed. Guests cannot redeem points retrospectively for a previous booking or convert them into another reward. This does not apply to cancellations made within the applicable cancellation period.
The points or rewards from the regular guest club may be subject to tax. Tax compliance, including disclosure/reporting to tax authorities, in connection with the receipt or use of points or rewards is the sole responsibility of the guest.
4 Total points / Transfer of points
Guests can view their points balance online in their account at any time.
Any points awarded or member accounts are not transferable. In particular, the sale, exchange or offering of points by auction is not permitted. Moreover, points that have been credited to member accounts of different persons cannot be combined or transferred in any other form.
5 Liability
Guests cannot assert claims for damages arising from participation in the regular guest club. This does not include claims for damages by the guest arising from injury to life, limb or health or from the breach of essential obligations of the regular guest club (cardinal obligations) or liability for other damages based on an intentional or grossly negligent breach of duty by the provider, the Obermühle, its legal representatives or vicarious agents. Cardinal obligations are obligations whose fulfilment is necessary to achieve the objective of the regular guest club. In the event of a breach of such cardinal obligations, the provider shall only be liable for the foreseeable damage typical for such cardinal obligations if the damage was the result of simple negligence, unless such claims for damages asserted by the guest arise from injury to life, body and health.
6 Termination of the contract / Expiry of points
Guests may terminate their participation in the regular guest club at any time without observing a period of notice and without stating the reasons for such. Termination must be made in text form (e.g. by email to gipfelstuermer@hotel-obermuehle.de or by letter). Upon termination of the membership, the guest’s membership of the regular guest club will be withdrawn and all the points accrued by the member shall be erased on the date of termination.
The Obermühle reserves the right to terminate the regular guest club at any time without stating reasons or to replace it with another bonus programme. Termination or replacement of the regular guest club shall not give rise to any claims for damages on the part of the guest.
In the event of a serious breach of these general terms and conditions, the Gipfelstürmer reserves the right to delete the guest's membership account and any points accrued therein will be forfeited. A serious breach shall be deemed to have occurred in particular for an infringement of the provisions regarding the prohibition to transfer points.
7 Acceptance of the general terms and conditions and applicable law
Participation in the loyalty programme requires the unconditional acceptance of these GTC by the member.
In the event of a dispute between a member and the Obermühle, the parties shall endeavour to seek an amicable settlement as a priority.
German law shall apply. Any differences or disputes arising from these terms and conditions that cannot be settled amicably between the parties shall be brought before the competent court at the place of the head office of the Obermühle.
Should any individual provisions of these GTC for membership in the Obermühle loyalty programme regular guest club be or become invalid or void, the validity of the other provisions shall remain unchanged. In all other respects, the statutory provisions shall apply.
8 Information on data protection
The following information is intended to inform you about how we use your personal data.
Responsible body for data processing (data controller)
Hotel Obermühle GmbH is responsible for data collection and processing.
Hotel Obermühle GmbH
Mühlstraße 22 82467
Garmisch-Partenkirchen
Telephone: +49-8821-704-0
Fax: +49-8821-704-112
Email: info@hotel-obermuehle.de
Contact details of our data protection officer
You can contact our data protection officer:
Thomas Wilde
Postal address:
Amselstr. 7
82467 Garmisch-Partenkirchen
Email: datenschutz@dsb-gap.de
Data collection
within the scope of
- membership of the regular guest club
- use of the customer account
- acquisition of new customers and sending of the newsletter
-obligation to document
we collect, store and process the following personal data:
- first and last name
- residential address(es), if several are provided
- date of birth
- gender and form of address
- email address(es), if several are provided
- telephone number(s), if several are provided
- membership no. of the regular guest club
- user account password
Duration and retention of personal data
We process and store your personal data for the period necessary to fulfil our contractual and legal obligations. If the data is no longer required to fulfil contractual obligations, it will be regularly deleted, unless the temporary further processing of such is necessary owing to:
- national or regional registration laws at the place of data collection
- national mandatory commercial and tax retention periods at the place of data collection
- national,regional orlocal tax legislation at the place of data collection
The retention and documentation periods specified in the respective legislation are 2-10 years.
Your personal data will be deleted no later than after 10 years.
Data protection rights
As a data subject, you have the right to access your personal data in accordance with Art. 15 GDPR, to rectify the data in accordance with Art. 16 GDPR or to erase your personal data in accordance with Art. 17 GDPR. In this case, you can send us an email to gipfelstuermer@hotel-obermuehle.de.
If the processing of your personal data is based on consent you have granted to us, you have the right to revoke your consent at any time without affecting the lawfulness of the processing carried out on the basis of the consent until revocation.
Any data subject may lodge a complaint with a supervisory authority if they consider that the processing of their personal data violates data protection regulations.
Additional information on the right to object
You may object to the processing of your personal data at any time on grounds relating to your particular situation. If you lodge an objection, we will cease processing your personal data unless we can demonstrate compelling legitimate grounds for such processing which override your interests, rights and freedoms, or the processing serves to assert, exercise or defend legal claims. If your personal data is processed by us for the purpose of advertising to existing customers, you have the right to object at any time to the processing of your personal data for the purpose of such advertising. You can either use the unsubscribe function in the emails or send us an informal email to gipfelstuermer@hotel-obermuehle.de.
Status: 4th November 2024, These GTC are valid for three years or until they are amended.
