Consumer information
Right of Withdrawal
This page contains general information on the legal right of withdrawal for consumers.
1. General information on the right of withdrawal
StayToEnjoy is a platform on which third-party products, services, bookings, reservations and offers can be displayed or communicated. StayToEnjoy is not automatically itself a seller, service provider or other contractual partner.
Key Principle
In principle, the entrepreneur with whom the consumer enters into the contract is responsible for the specific right of withdrawal and the specific notification of withdrawal.
2. Who is responsible for the teaching of retraction?
Where purchases, bookings, reservations or services are offered via a third party on StayToEnjoy, the notice of withdrawal of that provider is in principle essential.
- Regular purchases of goods are the responsibility of the seller.
- In the case of services, the respective service provider is regularly responsible.
- Special legal exceptions may apply to bookings of accommodation, transport, leisure or event services.
- Where StayToEnjoy expressly acts as a contracting party in an individual case, the withdrawal instruction provided for that particular contract shall apply.
3 Principles on the time limit for withdrawal
If there is a legal right of withdrawal, the time limit for withdrawal is in many cases 14 days, depending on the nature of the contract.
- In the case of contracts for the purchase of goods, the period shall regularly begin with the receipt of the goods or the last goods of an order.
- In the case of service contracts, the period starts regularly with the conclusion of the contract.
- Specific rules may apply to digital content or digital services.
- In the case of contracts for partial or multiple deliveries of goods, the receipt of the last goods or the last partial consignment may be counted.
4. How to exercise a withdrawal
A withdrawal must, in principle, be made by a clear declaration to the contractual partner concerned, for which a model withdrawal form may be used, but not necessarily.
Practical Indications
- The withdrawal should be sent to the relevant seller, supplier or service provider named in the specific contract as a contractual partner.
- The exercise can be done depending on the training e.g. by e-mail, contact form or written statement.
- In many cases, it is sufficient to send the declaration before the expiry of the time limit for withdrawal.
5. Typical consequences of withdrawal
If an effective revocation is declared, the benefits received shall, in principle, be reimbursed in accordance with the legal requirements.
Typical legal consequences
- Payments already made shall, in principle, be reimbursed in so far as there are no legal exceptions or deductions.
- Received goods shall, in principle, be returned in the case of revocable goods.
- In the case of services, a value added tax or a proportionate amount may be owed under certain conditions if the execution has already begun before the expiry of the withdrawal period.
- In the case of digital content or complete services, specific legal provisions may apply.
6. Typical exceptions to the right of withdrawal
The legal right of withdrawal is not unlimited for all types of contracts. Depending on the offer and type of contract, legal exceptions may apply.
- individually manufactured or clearly personalised goods
- sealed goods which, for health or hygiene reasons, are not suitable for return when the seal has been removed
- certain digital content where execution has begun with the express consent of the consumer and the consumer has confirmed the loss of the right of withdrawal
- services which have been provided in full with the prior express consent of the consumer
- Accommodation contracts for purposes other than housing, transport, car rental, supply of food and beverages and services related to leisure activities where the contract provides for a specific date or period for delivery
7 Model withdrawal form
Dieses Muster kann verwendet werden, wenn für den konkreten Vertrag ein gesetzliches Widerrufsrecht besteht und der jeweilige Vertragspartner kein abweichendes zulässiges Formular vorgibt.
To [insert name/company and address of the relevant contractual partner]
I hereby withdraw (*) from the contract concluded by me (*) for the purchase of the following goods (*)/for the supply of the following service (*)
Bestellt am (*)/erhalten am (*): ___________________________
Name of the consumer (s): ___________________________
Address of the consumer (s): ___________________________
Signature of the consumer (s) (only on paper): ___________________________
The date of entry into force of this Agreement shall be the date of entry into force of this Agreement.
(*) Unzutreffendes streichen.