The Dining Room
We are among the top 10 rated restaurants in Hamburg city center. In addition, we were awarded the most beautiful restaurant in Germany.
Enjoy an elegant, culinary experience in the library building of the iconic landmark building "Oberfinanzdirektion". Centrally located in the Fraser Suites Hotel at Rödingsmarkt.
Today's Special: Tatar Deluxe Night
Lunch & Dinner every day from 11:30 am.
Terms & Conditions
General conditions of sale
SCOPE OF APPLICATION
These terms and conditions apply to all purchases from FS Five Star Gastronomy Collection GmbH – THE DINING RooM, which are made by private customers.
Private customers in this sense are persons with residence and delivery address in the Federal Republic of Germany, as far as the goods ordered by them can be attributed neither to their commercial nor their independent professional activity.
Business customers are requested to place orders on the order pages accessible via the business customer login.
Prices and shipping costs
The prices quoted are final prices including VAT. The amount shown at the time of the binding order shall apply. In addition, there are shipping costs, which depend on the shipping method and the size and weight of the product(s) ordered by you. You can find out about the details under shipping costs. We shall bear the regular costs of the return shipment incurred in the event that you return the goods by exercising your right of revocation. If you exercise your right of withdrawal, we will also refund the shipping costs.
Payment
Payment is made upon delivery by means of
- PayPalDefault of payment
If you are in default of payment, FS Five Star Gastronomy Collection GmbH – THE DINING RooM is entitled to charge default interest in the amount of 5 percentage points above the base interest rate p.a. announced by the Deutsche Bundesbank for the time of the order. If FS Five Star Gastronomy Collection GmbH – THE DINING RooM has demonstrably incurred a higher damage caused by delay, FS Five Star Gastronomy Collection GmbH – THE DINING RooM is entitled to claim this.
Right of retention
The customer is only entitled to exercise a right of retention insofar as his counterclaim is based on the same contractual relationship.
Delivery
(1) Delivery shall be made to the delivery address specified by the customer, within
- Germany(2) If force majeure (natural disasters, war, civil war, terrorist attack) makes the delivery or any other service permanently impossible, an obligation to perform of FS Five Star Gastronomy Collection GmbH – THE DINING RooM is excluded. Already paid amounts will be refunded immediately by FS Five Star Gastronomy Collection GmbH – THE DINING RooM.
(3) FS Five Star Gastronomy Collection GmbH – THE DINING RooM can also refuse the service, as far as this requires an effort, which is grossly disproportionate to the customer’s interest in the fulfillment of the purchase contract, considering the content of the purchase contract and the dictates of good faith. Already paid amounts will be refunded immediately by FS Five Star Gastronomy Collection GmbH – THE DINING RooM.
(4) Bulky goods (packages with a volume larger than 1 sqm) are usually delivered by a forwarding agency. FS Five Star Gastronomy Collection GmbH – THE DINING RooM explicitly points out that these goods are not carried into the house.
Favorable shipping method for returns
(1) When returning the goods and accessories, please use the original packaging if possible, even if it should be damaged due to an opening for functional testing.
(2) Please use the fully stamped and addressed return label enclosed with the delivery of goods for the return. This is the simplest and most cost-effective shipping option. You are under no obligation to use this return method. However, if you choose an unnecessarily expensive shipping method, you may be obligated to pay us the increased cost compared to a less expensive shipping method.
Retention of title
Until full settlement of all claims against the customer arising from the purchase contract, the delivered goods remain the property of FS Five Star Gastronomy Collection GmbH – THE DINING RooM. As long as this retention of title exists, the customer may neither resell nor dispose of the goods; in particular, the customer may not contractually grant third parties any use of the goods.
Defect Rights
(1) FS Five Star Gastronomy Collection GmbH – THE DINING RooM will, at the customer’s option and at the expense of FS Five Star Gastronomy Collection GmbH – THE DINING RooM, replace a defective product (warranty case) with a defect-free one or have it professionally repaired (supplementary performance). It is pointed out to the customer that there is no case of warranty if the product had the agreed quality at the transfer of risk. A warranty case does not exist in particular in the following cases:
a) in the case of damage caused to the customer by misuse or improper use,
b) in case of damage caused by the fact that the products have been exposed to harmful external influences at the customer’s site (especially extreme temperatures, humidity, extraordinary physical or electrical stress, voltage fluctuations, lightning, static electricity, fire).
(2) FS Five Star Gastronomy Collection GmbH – THE DINING RooM furthermore does not warrant for a defect caused by improper repair by a service partner not authorized by the manufacturer.
(3) If the type of supplementary performance requested by the customer (replacement delivery or repair) requires an effort that is grossly disproportionate to the customer’s interest in performance in consideration of the product price, taking into account the content of the contract and the dictates of good faith – whereby in particular the value of the object of purchase in a defect-free condition, the significance of the defect and the question of whether the other type of supplementary performance can be resorted to without significant disadvantages for the customer – the customer’s claim is limited to the respective other type of supplementary performance. The right of FS Five Star Gastronomy Collection GmbH – THE DINING RooM to refuse also this other kind of supplementary performance under the aforementioned condition remains unaffected.
(4) Both in case of repair and in case of replacement the customer is obliged to send the product at the expense of FS Five Star Gastronomy Collection GmbH – THE DINING RooM under indication of the order number to the return address indicated by it. Before sending in the product, the customer has to remove any objects inserted by him from the product. FS Five Star Gastronomy Collection GmbH – THE DINING RooM is not obliged to inspect the product for the insertion of such items. FS Five Star Gastronomy Collection GmbH – THE DINING RooM is not liable for the loss of such items, unless it was readily apparent to FS Five Star Gastronomy Collection GmbH – THE DINING RooM at the time the product was taken back that such an item had been inserted into the product (in this case FS Five Star Gastronomy Collection GmbH – THE DINING RooM will inform the customer and hold the item ready for the customer to pick up; the customer will bear the costs incurred in doing so). Furthermore, before sending a product for repair or replacement, the customer has to make separate backup copies of the system software, the applications and all data on the product on a separate data carrier, if necessary, and to deactivate all passwords. No liability for loss of data will be assumed. Likewise, after the repaired product or the replacement product has been returned to the customer, the customer shall be responsible for installing the software and data and reactivating the passwords.
(5) If the customer sends in the goods in order to receive a replacement product, the return of the defective product shall be governed by the following provisions: If the customer was able to use the goods in a defect-free condition between delivery and return, the customer shall reimburse the value of the benefits derived by the customer. The customer shall pay compensation for the value of any loss or further deterioration of the goods not caused by the defect and for the impossibility of surrendering the goods not caused by the defect in the period between delivery of the goods and return of the goods. The customer does not have to pay compensation for the deterioration of the goods caused by the intended use of the goods. Furthermore, the obligation to pay compensation for the value shall not apply to the return of a defective product in the case of warranty,
a) if the defect entitling the customer to withdraw from the contract only became apparent during processing or remodeling,
b) if FS Five Star Gastronomy Collection GmbH – THE DINING RooM is responsible for the deterioration or loss or if the damage would also have occurred at FS Five Star Gastronomy Collection GmbH – THE DINING RooM,
c) if the deterioration or the loss has occurred at the customer’s, although the customer has taken the care which he is used to take in his own affairs.
(6) The Customer’s liability for damages in the event of a breach of the obligation to return the goods for which the Customer is responsible shall be governed by the statutory provisions.
(7) The customer may, at its option, withdraw from the contract or reduce the purchase price if the repair or replacement delivery has not resulted in a condition of the product in accordance with the contract within a reasonable period of time.
(8) In addition, there may also be claims against the manufacturer under a warranty granted by the manufacturer, which shall be governed by the relevant warranty conditions.
(9) The legal warranty of FS Five Star Gastronomy Collection GmbH – THE DINING RooM ends two years after delivery of the goods. The period begins with the receipt of the goods.
Liability
(1) In case of slight negligence FS Five Star Gastronomy Collection GmbH – THE DINING RooM is only liable for the violation of essential contractual obligations and limited to the foreseeable damage. This limitation does not apply in case of injury to life, body and health. FS Five Star Gastronomy Collection GmbH – THE DINING RooM is not liable for other damages caused by slight negligence due to a defect of the object of purchase.
(2) Independent of a fault of FS Five Star Gastronomy Collection GmbH – THE DINING RooM a liability of FS Five Star Gastronomy Collection GmbH – THE DINING RooM in case of fraudulent concealment of the defect or from the assumption of a guarantee remains unaffected. The manufacturer’s guarantee is a guarantee of the manufacturer and does not represent an assumption of a guarantee by FS Five Star Gastronomy Collection GmbH – THE DINING RooM.
(3) FS Five Star Gastronomy Collection GmbH – THE DINING RooM is also responsible for the impossibility of delivery occurring by chance during its delay, unless the damage would also have occurred in case of timely delivery.
(4) The personal liability of the legal representatives, vicarious agents and employees of FS Five Star Gastronomy Collection GmbH – THE DINING RooM for damages caused by them due to slight negligence is excluded.
Applicable law
The contract concluded between you and FS Five Star Gastronomy Collection GmbH – THE DINING RooM is exclusively subject to the law of the Federal Republic of Germany with the express exclusion of the UN Convention on Contracts for the International Sale of Goods. This does not affect the mandatory provisions of the state in which you have your habitual residence.
Place of jurisdiction
If, contrary to the information you provided when placing your order, you do not have a place of residence in the Federal Republic of Germany, or if you move your place of residence abroad after concluding the contract, or if your place of residence is not known at the time the action is filed, the place of jurisdiction for all disputes arising from and in connection with the contractual relationship shall be [the registered office of the operator of the online store].
Protection of minors
If goods are purchased that are subject to the protection of minors, an age verification is carried out by appropriate measures to verify the identity and age of the buyer. The goods will only be handed over if the customer can prove that he is of age.
Dispute resolution
General information requirements for alternative dispute resolution in accordance with Article 14 (1) ODR Regulation and § 36 VSBG (Consumer Dispute Resolution Act):
The European Commission provides a platform for online dispute resolution (OS), which you can find at this address: http://ec.europa.eu/consumers/odr/ . We are not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration board.
Final Provisions
(1) Should individual provisions of this Agreement be or become invalid or void in whole or in part, this shall not affect the validity of the remaining provisions of the Agreement, provided that one of the contracting parties is not unreasonably disadvantaged thereby.
(2) Amendments or supplements to this contract must be made in writing.