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Data Protection Statement of Hotelbetriebsgesellschaft Spitze GmbH & Co. KG ( Apartment Hotel Hamburg )

We appreciate you visiting our websites and we thank you for your interest in our hotel. The protection of personal data is a very important issue for us. Therefore we conduct our business in accordance with the applicable German legislation concerning the protection of personal data and data security. Hereinafter you can see what kind of information we collect, how we handle the data submitted by you and to whom the data can possible be made available to. Our guidelines for the protection of your personal data, when you access our website, are in compliance with the Tele Media Act (Telemediengesetz, TMG) of the Federal Republic of Germany. 

Personal data – defined according to § 3 (1) of the BDSG (Federal Data Protection Act) as

„Particulars relating to personal or factual circumstances of a certain or

 determinable natural person (the person concerned)“ -

will be collected during your visit on our website  only to such an extent which is technically necessary.

Collection and processing of personal data

Personal data is inventory data, for instance your name, address, bank account or ID card number, your phone number or your Email address. We only collect, process, or use your personal data, when you voluntarily make it available to us and the transmission of data is legal or you have given your consent. This generally occurs when you enter into a business relationship with us or make an inquiry to us. The data you render to us when you complete an online reservation or booking via the internet will of course be transmitted in encrypted form.

Designated purpose of use, processing and dissemination of collected data

Personal data you provide to us will be used solely for the communicated or agreed purpose, which usually means the completion of a contract with you, or a reply to your inquiry.

If you make use of our services, usually the data will be collected that we need to render these services. If we ask you for additional data, it is a matter of voluntary information. The processing of personal data takes place exclusively to carry out services requested and to safeguard our justified business interests.

Is personal data provided to third parties?

Your data will under no circumstances be sold or made available to third parties, unless the latter is required in order to complete a contract with you, or to provide a service for you. Transmission of personal data to authorities or state institutions, which have the right to obtain information, will only be effected if the transmission is subject to the statutory obligation to provide information, or in the case of a judicial decision. In such cases the data to be provided is in principle limited to the minimum required level.

Data security

The company Hotelbetriebsgesellschaft Spitze GmbH & Co. KG takes necessary technical and organizational security measures in order to protect your personal data administered by us against unintended or illegal deletion, manipulation, loss, unlawful dissemination or unauthorized access.       

Links to other websites

The websites of our hotel, Hotelbetriebsgesellschaft Spitze GmbH & Co. KG, contain links to other websites. Owners of these third-party websites are responsible for their data protection policies and contents of their sites. We recommend that you find out about data protection statements placed on the websites of the third parties.

Child and youth protection

Children and young persons with restricted legal capacity are in principle not allowed without the consent of the parents or a supervisor to communicate any personal data in our websites. The company Hotelbetriebsgesellschaft Spitze GmbH & Co. KG shall not collect, use under any circumstances or disclose illegally the data gained knowingly from children or from young persons with restricted legal capacity to third parties.

Video surveillance

At the locations of the hotels video surveillance is conducted solely for the purpose of collecting evidence in the case of vandalism, housebreaking, assault or other criminal offenses. There are appropriate warnings indicating the presence and the operation of the video cameras.


A cookie is a small text data file, which a webserver sends to your internet browser and which is placed on the hard disk of your computer. No other personal data of the user except the IP address will be stored. These pieces of information help the system to recognize you during your next visit on our websites. They also make the navigation easier for you. Each time our website is visited our webservers store automatically general information in anonymous form. This information is used for marketing purposes and for optimization of our activities. This information contains by default the type of the browser, the operating system used, the domain name of your internet service provider, the IP address, which your internet service provider has assigned to you, the website from which you pay the visit to our website, all the web pages, which you visit on our websites, as well as the date and the duration of your internet visit. These pieces of information exclude strictly any further implications of your person. Your personal data will be stored only when you give it to us yourself in the context of registering yourself in our system, participating in a survey or completing a contract with us.

The data will not be used to identify the visitor of the website and the data are not combined with the bearer of the pseudonym.You have the right to object to the storage of data with future effect at any time.


On these websites the technologies developed by the company etracker GmbH ( are used to collect and store data for marketing and optimization purposes. It is possible to draw up usage profiles under a pseudonym out of these pieces of information. For this purpose also cookies can be used. The cookies are small text data files, which are stored locally in the cache of the internet browser of the website visitor. The cookies enable the recognition of the internet browser. The data collected using the etracker technologies will not without a separately granted consent of the person concerned be used to identify the visitor of the website and the data are not combined with the bearer of the pseudonym. You have the right to object to the collection and storage of data with future effect at any time.

Data protection statement concerning the use of Google Analytics

These websites use Google Analytics, which is one of the website analyzing services of the Google Inc. ("Google"). Google Analytics use the so called "Cookies".
Only in exceptional cases the complete IP address will be transmitted to the server of Google to the USA, where it then will be shortened. Google will use the information upon the request of the owner of this website in order to evaluate your use of the website, in order to compile reports of the website activities and in order to provide to the website owner other services related to the use of the website and internet. The IP address of your browser transmitted by the Google Analytics will not be combined with any other data of Google.

You can deactivate the application of cookies by adjusting the appropriate settings of your software browser. However, we point out that you may not be able to use all features of this website to the full extent in that case. Further, you can stop the collection of the data generated by the cookie, control the data about your use of our website (including your IP-address) and prevent Google processing the data by downloading the following link and installing the programme “opt-out browser add-on”:

Use of Facebook social plug-ins

Our websites use social plug-ins of the social network that is operated by Facebook Inc., 1601 S. California Ave, Palo Alto, CA 94304, USA. The plug-ins are indicated by the Facebook logo or by the phrase “Facebook social plug-in”.
When you call up a website that is part of our internet presence and that contains such a plug-in, your browser establishes a direct connection with the servers of Facebook. The contents of the plug-ins are transmitted directly from Facebook to your browser and then used to incorporate them into the website. Through the integration of the plug-ins Facebook receives information that you have called up the corresponding page of our website on the Internet. If you are logged into Facebook, it can assign the visit to your Facebook account. If you interact with the plug-ins, e.g. if you use the button "like" or leave a comment, the corresponding information will be transferred from your browser directly to Facebook and stored there. The purpose and extent of data collection, the further processing and use of data by Facebook, as well as your rights in this regard and the possible settings by which you can protect your privacy, are to be found in data protection guidelines of Facebook. If you do not want Facebook to collect information about you via our website, you must log out of Facebook before visiting our websites on the internet.

Use of Google Maps

Our websites use Google Maps for presentation of maps and for creation of driving directions. Google Maps is operated by Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. By using this website you declare that you agree that Google, its representative, or any third-party, will record, process and use the data which is automatically collected or which you yourself have entered. The terms of use for Google Maps can be read under Google Maps/Terms of Service.

Declaration of consent

By using our websites and the offers contained in them you declare that you agree with the fact that we store the personal data you have voluntarily transmitted to us and further that we process and use the data in compliance with this data protection statement.

Public index of procedures of Hotelbetriebsgesellschaft Spitze GmbH & Co. KG

Section 4 g of the German Federal Data Protection Act (Bundesdatenschutzgesetz, BDSG) stipulates that the data protection officer shall make the following information under § 4e available to anyone in an appropriate manner. We fulfil this statutory obligation right away here and hence refrain from answering your individual inquiries.

Name of the responsible office:
Hotelbetriebsgesellschaft Spitze GmbH & Co. KG

Managing director (CEO): 

W.-W. Spitze

A. Spitze

C. Weinbacher

Address of the responsible office:

Borstelmannsweg 133

20537 Hamburg

Tel.: 040 / 21 11 50

Fax:  040 / 21 70 98

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

Categories of recipients to whom data can be communicated

Hotels, inns, guesthouses, pensions and other accommodation establishments may collect personal data of their guests and store the data in automated procedures as far as this is required as part of the accommodation contract. Usually also accounting data of meals and drinks, phone calls made from room phone and/or other specific services of the hotel are considered as recordable data. Pursuant to the regulations of the registration law hotels and other accommodation establishments are obliged to ask from the customers and the members of their family information about place of residence, birthday and citizenship.  

Furthermore, data can be communicated to following recipients:

  • Public bodies, which obtain the data by law (e.g. social security institutions)
  • Internal departments, which are involved in the execution and completion of the business processes (e.g. personnel management, personal control, accounting, marketing, distribution, IT organization and central reservation service (customer service center)
  • External contractors (service companies) pursuant to § 11 of the BDSG (German Federal Data Protection Act)
  • Other external bodies (e.g. credit institutions, broker agencies as regards mediation, companies belonging to the corporate group – if the person concerned has announced his written consent, or the transmission of data is allowed by virtue of predominantly legitimate interest) and partner companies when they carry out commissions of customers.

Right to Information

Pursuant to the § 34 of the BDSG (German Federal Data Protection Act) you have an unlimited right to get information free of charge about your data stored by us. In accordance with the § 35 of the BDSG, you have the right to erase or block impermissible data and to correct inaccurate data. At the request we will inform you as soon as possible in writing adhering to the applicable law, whether we have stored and which data we have stored about you. If we have stored incorrect data about you despite our efforts to maintain the data accurate and updated, we will of course amend the data at your request.     

Standard deadlines for retention of data/ erasure of data

The data will be erased after the legal, statutory or contractual retention periods have expired. Such data, which are not subject to retention requirements, will be deleted after the earmarked purpose ceases to apply.

Changes in the privacy policy 

We reserve the right to amend our data protection practices and this data protection statement in order to adjust the aforesaid to reflect possible changes in relevant laws or regulations, or to meet your needs better. Possible changes in our data protection practices will correspondingly be published on this webpage. Please inform yourself about the current date of our data protection statement.

Name and address of the data protection commissioner


Martin Vogel

Perleberger Str. 10b

25421 Pinneberg
Phone: +49 4101 77 44 70
Email: This email address is being protected from spambots. You need JavaScript enabled to view it.

Hamburg, Januar 2015

We appreciate your reservation with Apartment Hotel Hamburg Mitte!

Apartment-Hotel Hamburg Mitte
Borstelmannsweg 133 
20537 Hamburg 
Telefon 040-211150 or
Fax 040-217098 
E-mail: This email address is being protected from spambots. You need JavaScript enabled to view it.This email address is being protected from spambots. You need JavaScript enabled to view it.

Hotelbetriebsgesellschaft Spitze GmbH & Co. KG

Managing Director: W.- W. Spitze, A. Spitze and C. Weinbacher 
Registration number: HRA 78001 
Tax number: 22 510 13546 
HSH Nordbank AG - Konto-Nr. 164251010 - BLZ 210 500 00
IBAN: DE 87210500000164251010
USt.-IDNr.: DE 1188747144 

Responsible for site content: Jürgen Gieseke & Isak Beshai 

Concept, Design and Development:

Navega Bem - Web Design Lda.
Rua Quinta do Leme 119
Funchal, 9020-223
Madeira - Portugal
NIPC: 507710487

Project Director: Lisete Gonçalves
Telephone: +351 291 761 478
Telephone: +351 291 764 506
Mobile: +351 969 458 999


Apartment-Hotel Hamburg Mitte
Terms and Conditions


Hotelbetriebsgesellschaft Spitze GmbH & Co. KG

General Terms and Conditions

1. Scope of application

1. These Terms and Conditions govern contracts for the renting of Hotel rooms and suites for accommodation purposes as well as any other goods and services provided to customers of Apartment-Hotel Hamburg Mitte, regardless of the manner in which the contract is concluded (by phone, fax, letter, direct verbal contact, e-mail or online in any form).


2. Prior written consent must be obtained from the Hotel to any subletting of rooms or use for purposes other than accommodation; Section 540 para. I sentence of German Civil Code (BGB) is disapplied for customers which are not consumers.


3. The Customer's terms and conditions shall only apply if expressly agreed to in writing.


2. Contract conclusion, contract parties, expiration of claims


1. A contract is concluded upon acceptance by the Hotel of the Customer's reservation request. It is at the Hotel's option to provide confirmation of room reservations in writing. An accommodation contract is furthermore concluded as soon as a room has been reserved and confirmed, or has been made available if such confirmation was not possible due to lack of time.


2. The parties to the contract are the Hotel and the Customer. If a third party has placed the reservation, that party shall be liable to the Hotel jointly and severally with the Customer for all obligations arising from the Hotel accommodation contract.


3. Conclusion of the guest accommodation contract obliges the parties to the contract to fulfil the contract terms regardless of the contract duration.


4. Any claims against the Hotel shall expire one year from the beginning of the standard cognizance-dependent statute of limitations period as per Section 199 para. I BGB. Damage claims shall be expire five years from the date of cognizance. Shorter expiration periods shall not apply to claims arising from breach of obligations out of intent or gross negligence.


3. Services, pricing, payment, set-off


1. The Hotel is obligated to keep rooms reserved by the Customer available and provide the contractual services.


2. The Customer is obligated to pay for rooms provided and other services utilised at the applicable or contractual Hotel prices. This applies as well to services provided to and outlays for third parties by the Hotel at the request of the Customer.



3. The contractual prices include VAT at the applicable rate and the per-night culture and tourism tax payable by tourist customers. If the period between contract conclusion and contract fulfilment exceeds four months, during which period the Hotel has increased its general rates charged for the contractual services, the contractual price may be increased by a maximum 5%.


4. The Hotel may additionally adjust prices if the Customer requests a change in the number of rooms booked, Hotel services or guest length of stay to which the Hotel agrees.


5. Hotel invoices which do not state a payment due date shall be payable in full within 10 days of invoice receipt. The Hotel is entitled to declare any outstanding amounts immediately due and demand immediate payment. In the event of late payment the Hotel is entitled to charge default interest at the applicable rate of currently 8%, or 5% above the base rate for transactions with consumers.


6. The Hotel is entitled to demand a reasonable advance payment or security deposit upon contract conclusion or at the beginning and during a guest's stay in accordance with applicable laws, such as for holiday packages. The amount of the advance payment and payment dates may be set forth in writing in the contract.


7. The Customer may only set off amounts against the Hotel's claims from Customer claims which are either undisputed or have been upheld by legal judgment.


4. Customer (guest) withdrawal, reservation retraction, cancellation, non-usage of Hotel services (no show)


1. Unless the Hotel and Customer have agreed to a different no-charge cancellation deadline in text form for individual or group reservations, all customers shall be entitled to no-charge cancellation of a reservation until to 12:00 noon on the day before the actual date of arrival. This only applies however to reservations of three (3) rooms or less. The reservation of four rooms automatically represents a group reservation, to which the following cancellation rules apply:

Group reservations can be cancelled up to four weeks prior to the arrival date free of any charge. For cancellations after four weeks prior we charge a cancellation fee in the amount of 50% of the total billable room charge; if less than two weeks prior the cancellation fee is 75% of the total billable room charge; if less than one week prior the cancellation fee is 100% of the total billable room charge.


2. In addition, the Customer shall only be entitled to withdrawal from the contract concluded with the Hotel with the Hotel's written approval, except as provided otherwise under applicable laws or other contractual clauses. If this is not the case, the agreed contractual price must be paid even if the Customer does not make use of the contractual services. This does not apply in case of breach of the Hotel's obligation to respect the rights, assets and interests of the Customer (guest) if the Hotel can no longer be reasonably expected to fulfil the contract, or if the Hotel enjoys cancellation rights under applicable laws or other contractual provisions.


3. The Hotel shall in such case set off revenue from renting the room/s to other customers and expenses saved against the charge for rooms not utilised by the Customer.


4. If the rooms are not rented to other parties, the Hotel may at its discretion demand payment of the contractually agreed amount, less a flat amount for saved expenses. The Customer in such case shall be obliged to pay 90% of the contractually agreed room price with or without breakfast. The Customer may contest the charge by showing documentation that the above claim is invalid or the claim amount incorrect.


5. The Hotel is obligated to endeavour in good faith to sell such unused rooms to other customers whenever possible. Until a room is sold to another party however, the Customer remains obligated to pay the amount billable for the duration of the contract.


5. Cancellation by the Hotel


1. If the Customer is granted no-charge withdrawal rights for a specified period (right to cancel a reservation) in text form, the Hotel shall be entitled as well during that period to withdraw from the contract if other accomodation inquiries are received for contractually booked rooms and the Customer does not waive his/her withdrawal rights upon corresponding inquiry by the Hotel.


2. The Hotel shall additionally be entitled to withdraw from the contract if an advance payment which is agreed or as per item 3.6 is not rendered by an appropriate grace period deadline set by the Hotel.


3. The Hotel is furthermore entitled to withdraw from the contract on an extraordinary basis for objectively justified reasons such as:


• force majeure and other circumstances beyond the Hotel's control rendering fulfilment of the contract impossible

• unforeseeable events at the Hotel including burst pipes

• rooms being booked on the basis of misleading or false information intentionally provided regarding materially relevant facts such as the Customer's identity, ability to pay and booking purpose

• the Hotel having justified reason to believe that use of the Hotel's services could jeopardise smooth business operation, security or the Hotel's public reputation, without such risks being due to the Hotel's own management or organisation

• breach of obligations per item 1.2 above.


4. Withdrawal by the Hotel for justified reasons does not entitle the Customer to damage claims.


6. Room availability, handover and checkout acceptance


1. Unless agreed otherwise in writing, no claims accrue to the Customer to be provided specific rooms or rooms with particular features (smoking/nonsmoking

rooms, etc.).


2. Booked rooms are made available to customers from 15:00 on the agreed arrival date. The Customer has no claim to earlier availability.


3. On the agreed day of departure the rooms must be vacated and checkout completed with the Hotel by 11:00. From that time until 16:00 the Hotel may charge 50% of the full room rate (list price) due to delayed vacating of the room; after 16:00 the Hotel may charge 100%. No contractual claims accrue to the Customer through late checkout charges. The charge may be reduced if the Customer documents that the Hotel has no claim to payment for usage or claim to a significantly lower payment amount.


4. If a vacated room is left in a condition of cleanliness below the level generally considered normal, the Hotel shall be entitled to charge the Customer an extra cleaning fee. The Customer shall be liable for any damage caused by him/herself, the Customer's visitors or the Customer's vicarious agents as per Section 278 BGB to Hotel facilities and for additional cleaning costs incurred as a result of non-compliance with the Hotel nonsmoking policy.


7. The Hotel's liability


1. Apartment-Hotel Hamburg Mitte has liability for loss of life and bodily injury/ harm for which the Hotel is responsible. The Hotel additionally has liability for damages resulting from intentional or grossly negligent breach of obligations by the Hotel and intentional or negligent breach of obligations typical of Hotel contracts. Such breach of obligation by a director/officer or vicarious agent of the Hotel constitutes a breach by the Hotel. Except as otherwise provided in this Section 7, further damage claims are excluded. Upon becoming aware or being promptly notified by the Customer of any problems with or deficiencies to the Hotel's services, the Hotel will endeavour to remedy such problems/deficiencies. The Customer undertakes to assist in reasonable fashion in resolving problems and containing any damage to a minimum.


2. A separate safekeeping agreement must be signed with the Hotel by customers who intend to keep money, securities and/or valuables with them on the premises which are valued at more than € 800.00, or other property valued at more than € 3,500.00. When intending to leave the room, the Customer and any individuals in the Customer's company must lock any money, securities, valuables, laptops, tablets, smartphones and other items with a value of up to € 300.00 in the room safe. Such items with a value exceeding € 300.00 or which are unsuitable for depositing in the room safe may not be left behind in the room; these must either be taken to the Hotel front desk for safekeeping for the duration of the Customer's absence, for which purpose the Hotel offers use of a Hotel safe. By failing to comply with this obligation the Customer forfeits any right to claim that any loss of/to the aforesaid property was in any way caused by any other party.


3. Liability claims expire if the Customer fails to notify the Hotel without delay upon becoming aware of any loss, destruction or damage to property (Section 703 BGB).


4. The provision to the Customer of a parking space in the Hotel car park or parking lot does give rise to a safekeeping agreement, regardless of whether a fee is charged. The Hotel's liability for theft of or damage to vehicles parked on Hotel property and the content of such vehicles is exclusively as regulated by item 7.1, sentences 1 - 4 above.


5. The Hotel provides wake-up call service with the utmost care. Messages, mail, and merchandise deliveries for guests are handled with care. The Hotel provides room delivery and holding of the above, as well as forwarding upon request on a fee basis. Sentences 2 - 4 of item 7.1 above apply accordingly.


8. Concluding provisions


1. Amendments and supplements to a contract, a booking confirmation or to these Terms and Conditions for Hotel Accommodation must be implemented in writing. Amendments or supplements undertaken by the Customer are invalid unless formally accepted.


2. The place of performance and payment is that of the location of the Hotel.


3. The exclusive place of jurisdiction for transactions with business entities is that of the location of the Hotel, including disputes involving checks and exchange. The place of jurisdiction shall be that of the registered office of the Hotel for contracts with customers which meet the conditions per Section 38 para. 2 of the German Code of Civil Procedure (ZPO) and have no general place of jurisdiction in Germany.


4. German law applies. The UN CISG convention on contracts for the international sale of goods is disapplied.


5. Should individual provisions of these General Terms and Conditions be or become fully or partially invalid or void, the validity of other provisions shall remain unaffected. Statutory laws furthermore apply.


6. The Hotel upholds personal data privacy in accordance with the latest data privacy laws.


Last updated: 01 September 2014

You can downlaod a complete copy of our Terms and Conditions here:  Download here.