Terms & Conditions and Privacy Policy

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Datenschutz (Data Protection)

This privacy policy explains the nature, scope, and purpose of the processing of personal data (hereinafter referred to as "data") within our online offering and the associated websites, functions, and content, as well as external online presences, such as our social media profiles (hereinafter jointly referred to as the "online offering"). Regarding the terms used, such as "processing" or "controller," we refer to the definitions in Art. 4 of the General Data Protection Regulation (GDPR).

Person responsible

Types of data processed:

• Usage data (e.g., websites visited, interest in content, access times).
• Meta/communication data (e.g., device information, anonymized IP addresses).

Purpose of processing

• Provision of the online offering, its functions, and content.
• Security measures.
• Reach measurement/marketing.

Foreword

You can generally use our website without providing any personal data. If personal data (such as name, address, or email addresses) is collected on our website, this is always done on a voluntary basis, wherever possible. This data will not be shared with third parties without your express consent.

We would like to point out that data transmission over the Internet (e.g., when communicating via email) may be subject to security gaps. Complete protection of data from access by third parties is not possible.

The use of contact data published in the context of the imprint obligation by third parties to send unsolicited advertising and information materials is hereby expressly prohibited.

The operators of the site expressly reserve the right to take legal action in the event of unsolicited advertising information being sent, for example through spam emails.

Every access to our website and every retrieval of a file stored on the website is logged. This storage serves internal system-related and statistical purposes. The following are logged: the name of the retrieved file, the date and time of retrieval, the amount of data transferred, a notification of successful retrieval, the web browser and the requested domain, as well as a unique identification number. The site operators are unable to draw conclusions about the user's IP address or origin.

Terms used

“Personal data” means any information relating to an identified or identifiable natural person (hereinafter “data subject”); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier (e.g. a cookie) or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

“Processing” means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means. The term is broad and covers virtually all data handling.

The “controller” is the natural or legal person, public authority, agency or other body which alone or jointly with others decides on the purposes and means of the processing of personal data.

Relevant legal bases

In accordance with Art. 13 GDPR, we will inform you of the legal basis for our data processing. If the legal basis is not stated in the privacy policy, the following applies: The legal basis for obtaining consent is Art. 6 (1) (a) and Art. 7 GDPR, the legal basis for processing to fulfill our services and implement contractual measures as well as to answer inquiries is Art. 6 (1) (b) GDPR, the legal basis for processing to fulfill our legal obligations is Art. 6 (1) (c) GDPR, and the legal basis for processing to protect our legitimate interests is Art. 6 (1) (f) GDPR. In the event that vital interests of the data subject or another natural person require the processing of personal data, Art. 6 (1) (d) GDPR serves as the legal basis.

Security measures

We ask you to inform yourself regularly about the content of our privacy policy. We will adapt the privacy policy as soon as changes to the data processing we carry out make this necessary. We will inform you as soon as the changes require your cooperation (e.g., consent) or other individual notification.

Cooperation with processors and third parties

If, as part of our processing, we disclose data to other persons and companies (contract processors or third parties), transmit it to them or otherwise grant them access to the data, this will only be done on the basis of legal permission (e.g. if transmission of the data to third parties, such as payment service providers, is necessary to fulfil the contract in accordance with Art. 6 (1) (b) GDPR), you have consented, a legal obligation provides for this or on the basis of our legitimate interests (e.g. when using agents, web hosts, etc.).

If we commission third parties to process data on the basis of a so-called “order processing agreement”, this is done on the basis of Art. 28 GDPR.

Transfers to third countries

If we process data in a third country (i.e. outside the European Union (EU) or the European Economic Area (EEA)) or if this occurs as part of the use of third-party services or the disclosure or transmission of data to third parties, this will only occur if it is necessary to fulfill our (pre-)contractual obligations, on the basis of your consent, due to a legal obligation or on the basis of our legitimate interests. Subject to statutory or contractual permissions, we will only process or have data processed in a third country if the special requirements of Art. 44 ff. GDPR are met. This means that processing is carried out, for example, on the basis of special guarantees, such as the officially recognized determination of a data protection level equivalent to that of the EU (e.g. for the USA through the “Privacy Shield”) or compliance with officially recognized special contractual obligations (so-called “standard contractual clauses”).

Rights of data subjects

You have the right to request confirmation as to whether the data in question is being processed and to access this data as well as further information and a copy of the data in accordance with Art. 15 GDPR.

According to Art. 16 GDPR, you have the right to request the completion of your data or the correction of inaccurate data concerning you.

In accordance with Art. 17 GDPR, you have the right to request that the data in question be deleted immediately or, alternatively, to request that the processing of the data be restricted in accordance with Art. 18 GDPR.

You have the right to request that the data concerning you that you have provided to us be received in accordance with Art. 20 GDPR and to request that this data be transmitted to other responsible parties.

Furthermore, you have the right to lodge a complaint with the competent supervisory authority in accordance with Art. 77 GDPR.

Right of withdrawal

You have the right to revoke consent given in accordance with Art. 7 (3) GDPR with effect for the future.

Right of objection

You may object to the future processing of your data at any time in accordance with Art. 21 GDPR. In particular, you may object to processing for direct marketing purposes.

Cookies and right to object to direct advertising

“Cookies” are small files that are stored on users’ computers. Different types of information can be stored within cookies. A cookie is primarily used to save information about a user (or the device on which the cookie is stored) during or after their visit to an online service. Temporary cookies, or “session cookies” or “transient cookies” are cookies that are deleted after a user leaves an online service and closes their browser. Such a cookie can store, for example, the contents of a shopping cart in an online shop or a login status. “Permanent” or “persistent” cookies are cookies that remain stored even after the browser is closed. For example, the login status can be saved if the user visits the website several days later. Likewise, the interests of the user can be saved in such a cookie and used for reach measurement or marketing purposes. “Third-party cookies” are cookies that are offered by providers other than the controller who operates the online service (otherwise, if they are only their cookies, they are referred to as “first-party cookies”).

We may use temporary and permanent cookies and explain this in our privacy policy.

If users do not wish to have cookies stored on their computer, they are asked to deactivate the corresponding option in their browser's system settings. Stored cookies can be deleted in the browser's system settings. Excluding cookies may lead to functional limitations of this website.

A general objection to the use of cookies for online marketing purposes can be declared for many services, especially in the case of tracking, via the US website http://www.aboutads.info/choices/ or the EU website http://www.youronlinechoices.com/. Furthermore, cookies can be blocked by deactivating them in the browser settings. Please note that in this case, not all functions of this website may be available.

Deletion of data

The data we process will be deleted or restricted in accordance with Articles 17 and 18 of the GDPR. Unless expressly stated in this privacy policy, the data stored by us will be deleted as soon as it is no longer required for its intended purpose and there are no statutory retention periods that prevent deletion. If the data is not deleted because it is required for other legally permissible purposes, its processing will be restricted. This means that the data will be blocked and not processed for other purposes. This applies, for example, to data that must be retained for commercial or tax law reasons.

According to legal requirements in Germany, storage takes place in particular for 10 years in accordance with Sections 147 Para. 1 AO, 257 Para. 1 Nos. 1 and 4, Para. 4 HGB (books, records, management reports, accounting documents, commercial books, documents relevant for taxation, etc.) and 6 years in accordance with Section 257 Para. 1 Nos. 2 and 3, Para. 4 HGB (commercial letters).

According to legal requirements in Austria, storage takes place in particular for 7 years according to Section 132 Para. 1 BAO (accounting documents, receipts/invoices, accounts, receipts, business papers, statements of income and expenditure, etc.), for 22 years in connection with real estate and for 10 years for documents in connection with electronically provided services, telecommunications, radio and television services that are provided to non-entrepreneurs in EU member states and for which the Mini One Stop Shop (MOSS) is used.

Hosting

The hosting services we use serve to provide the following services: infrastructure and platform services, computing capacity, storage space and database services, security services and technical maintenance services, which we use for the purpose of operating this online offering.

In doing so, we or our hosting provider process inventory data, contact data, content data, contract data, usage data, meta and communication data of customers, interested parties and visitors to this online offer on the basis of our legitimate interests in the efficient and secure provision of this online offer in accordance with Art. 6 (1) (f) GDPR in conjunction with Art. 28 GDPR (conclusion of a data processing agreement).

Collection of access data and log files

We, or rather our hosting provider, collect data about every access to the server on which this service is located (so-called server log files) based on our legitimate interests within the meaning of Art. 6 (1) (f) GDPR. This access data includes the name of the accessed website, the file, the date and time of access, the amount of data transferred, the notification of successful access, the browser type and version, the user's operating system, the referrer URL (the previously visited page), the IP address, and the requesting provider.

Log file information is stored for security reasons (e.g., to investigate misuse or fraud) for a maximum of 7 days and then deleted. Data that needs to be retained for evidentiary purposes is exempt from deletion until the respective incident has been finally resolved.

Administration, financial accounting, office organization, contact management

We process data as part of administrative tasks and to organize our operations, financial accounting, and to comply with legal obligations, such as archiving. In doing so, we process the same data that we process as part of providing our contractual services. The processing is based on Art. 6 (1) (c) GDPR and Art. 6 (1) (f) GDPR. Customers, interested parties, business partners, and website visitors are affected by the processing. The purpose of and our interest in the processing lies in administration, financial accounting, office organization, and data archiving—i.e., tasks that serve to maintain our business activities, perform our duties, and provide our services. The deletion of data for contractual services and contractual communication corresponds to the information provided for these processing activities.

We disclose or transmit data to the tax authorities, consultants such as tax advisors or auditors as well as other fee offices and payment service providers.

Furthermore, based on our business interests, we store information about suppliers, event organizers, and other business partners, e.g., for the purpose of subsequent contact. We generally store this mostly company-related data permanently.

WP Statistics

Based on our legitimate interests (i.e., interest in the analysis, optimization, and economic operation of our online offering within the meaning of Art. 6 (1) (f) GDPR), we use the WP Statistics plugin, which integrates a tool for statistical analysis of visitor access. WP Statistics uses "cookies," text files stored on your computer that enable analysis of your website usage.

Online presence in social media

We maintain online presences within social networks and platforms to communicate with customers, prospects, and users active there and to inform them about our services. When accessing the respective networks and platforms, the terms and conditions and data processing guidelines of their respective operators apply.

Unless otherwise stated in our privacy policy, we process users' data if they communicate with us within the social networks and platforms, e.g. by posting on our online presence or sending us messages.

External links

This website contains links to third-party websites ("external links"). These websites are subject to the liability of the respective operators. When the external links were first created, the provider checked the third-party content for any legal violations. At that time, no legal violations were apparent. The provider has no influence whatsoever on the current and future design and content of the linked pages. The inclusion of external links does not mean that the provider adopts the content behind the reference or link as its own. Constant monitoring of external links is unreasonable for the provider without concrete evidence of legal violations. However, upon knowledge of legal violations, such external links will be deleted immediately.

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General terms and conditions of business

1. Conclusion of the accommodation contract

1. With the booking order, which can be made in writing, verbally, by fax, or email, the accommodation contract is concluded between the guest and mykoje.de. The booking is confirmed by "MyKoje."
2. The booking is made by the booking guest also for all persons listed in the booking, for whose contractual obligations the booking guest is responsible as for his own obligations.

2. Reservations

1. Non-binding reservations that entitle the guest to cancel free of charge are only possible with a corresponding express agreement with "MyKoje." If no such agreement has been made, the booking pursuant to section 1.a generally results in a legally binding contract between "MyKoje" and the guest.
2. If a non-binding reservation has been agreed, the guest must notify "MyKoje" in writing by the agreed date if the reservation should be treated as a binding booking. Failure to do so will result in the reservation being canceled without further notice. If the guest provides the notification, Section 1.a applies accordingly.

3. Prices/Services

1. The prices quoted are net final prices and include all mandatory additional costs, unless otherwise stated. They apply per person per night.
2. The services owed by “MyKoje” result exclusively from the content of the booking confirmation.

4. Payment

1. After the booking has been confirmed, “MyKoje” may request advance payment of the full invoice amount, either by bank transfer or cash payment (upon key handover) on site.
2. In principle, the total price of the stay, including all incidental costs, must be paid directly on the day of arrival at the latest.

5. Liability of “MyKoje”

1. The contractual liability of “MyKoje” for damages that are not physical injuries (including damages due to breach of pre-, ancillary and post-contractual obligations) is limited to three times the price of the stay a) insofar as damage to the guest was neither caused intentionally nor through gross negligence by “MyKoje” or b) insofar as “MyKoje” is solely responsible for damage caused to the guest due to the fault of a vicarious agent.
2. "MyKoje" is not liable for service disruptions in connection with services that are merely arranged as third-party services (e.g., sporting events, theater visits, exhibitions, etc.).
3. “MyKoje” is liable exclusively for any errors made by itself and its vicarious agents as well as for any deficiencies in the provision of services.

6. Complaints

1. If any complaints arise, the guest should contact “MyKoje” immediately in writing.