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Legal notice

DATA PRIVACY STATEMENT

We, the IBB Blue Hotel Betriebs GmbH c/o IBB Hotel Paderborn, Groß-Berliner Damm 74, 12487 Berlin, paderborn@ibbhotels.com, would like to take this opportunity to inform you of the way we process personal data.

You can contact our data protection officer by email at dsb@ibbhotels.com or by telephone on 0851 / 988300-519, DSB IBB Blue Hotel Betriebs GmbH, Groß-Berliner Damm 74, 12487 Berlin.

Below we have compiled the most important information about typical forms of data processing, broken down according to the stakeholder groups involved. For certain forms of data processing that only affect certain groups, information obligations are met separately.

Where the text refers simply to ‘data’, this is taken to refer solely to personal data as defined by the General Data Protection Regulation (GDPR).

  1. Website visitors
  2. Hotel guests
  3. Interested parties, communication partners
  4. Business partners and their employees
  5. Rights of affected persons and other details

1. Website visitors

    1.1 Server log data
    For each query, our web server processes a range of data that your browser automatically sends to our web server. This data includes the current IP address of your device, the date and time of your query, the time zone, the actual page or file accessed, the http status code and the volume of data transferred; it also includes the website from which your query originated, the browser used, the operating system of your device and the language setting. The web server uses this data to present the content of this website on your device in the best way possible.

    1.2    Analysis of usage behaviour – Google Analytics
    This website uses Google Analytics, a web analysis service of Google Inc. (‘Google’). Google Analytics uses cookies, text files that are stored on your computer and that make it possible to analyse your use of the website. The information created by the cookie about your use of the website is usually transmitted to a Google server in the USA and stored there. IP anonymisation is activated for this website, i.e. your IP address is first truncated within the European Union or in another state party to the Agreement on the European Economic Area. Only in exceptional cases is the complete IP address transmitted to a Google server in the USA and truncated there.
    As a processor in the sense of Art. 28 GDPR, Google will use this information to analyse your use of the website, to compile reports about website activities and to render to the operator of the website other services related to the use of the website and internet usage. The IP address transmitted as part of the Google Analytics service is not combined with any other Google data.
    You can prevent cookies from being saved by adjusting the relevant setting in your browser software. You can prevent the storage of data created by the cookie and related to your use of the website (incl. your IP address) and Google’s processing of this data by downloading and installing the browser plug-in [LINK: https://tools.google.com/dlpage/gaoptout?hl=en]. Alternatively, you can set an ‘opt-out cookie’, which will prevent the capture of your data on future visits to this website.

    1.3    Analysis of usage behaviour – SessionCam
    We use SessionCam, a web analysis service of SessionCam Ltd, for anonymous analysis of mouse movements, clicks, scrolling behaviour and form entries, although any personal form entries (e.g. name, bank details) are automatically anonymised on collection.
    You can prevent the anonymised recording of your usage behaviour at any time by setting an opt-out cookie [LINK: https://sessioncam.com/choose-not-to-be-recorded/].

    1.4    Google Maps
    Some subpages of this website use map materials of the service Google Maps. When accessing subpages in which the Google Maps service is embedded, in technical terms the map material is retrieved using the user’s IP address, i.e. Google’s servers can save and use your IP address and other data automatically sent by your browser (see point 1.1 above, Server log data ). The map service is operated by Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA (‘Google’), and is solely governed by Google’s data protection terms (Google Privacy Policy). We would like to point out that personal data may be transmitted to the USA and other non-EU countries that may be categorised as insecure countries in data protection terms according to the GDPR. We have no influence on the type and scope of data processing carried out by Google.

    1.5    Google reCAPTCHA
    In some form entries on this website, the Google reCAPTCHA service is used to prevent automated mass entries by malicious software. Here, Google has no access to form entries, rather it analyses the movement pattern of the mouse, as well as the click behaviour, to determine whether a human or machine is at work. When retrieving these form fields, in technical terms they are retrieved using the user’s IP address, i.e. Google’s servers can save and use your IP address and other data automatically sent by your browser (see point 1.1 above, Server log data ). reCAPTCHA is operated by Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA (‘Google’), and is solely governed by the Google data protection terms (Google Privacy Policy). We would like to point out that personal data may be transmitted to the USA and other non-EU countries that may be categorised as insecure countries in data protection terms according to the GDPR. We have no influence on the type and scope of data processing carried out by Google.

    1.6
    Data is processed to facilitate the presentation of our company and its goods and services on the internet, as well as exchange with communication partners. When you subscribe to our newsletter, we process your data to enable us to send you the newsletter. Website usage behaviour is evaluated to ensure the site is configured in accordance with requirements.

    1.7    
    The legal basis for this processing is Art. 6(1)(f) GDPR (legitimate interest, operation of an internet presence and exchange with communication partners). The legal basis for the processing of newsletter data is Art. 6(1)(a) GDPR in conjunction with Art. 7 GDPR (consent). The legal basis for analysis of usage behaviour is Art. 6(1)(f) GDPR (legitimate interest, namely the configuration of the website in accordance with requirements).

    1.8    
    Logging and communication data are not passed on to third parties unless particular circumstances apply. Data may be passed on to the police and public prosecutors where there is suspicion of a criminal offence or to facilitate investigation procedures.

    1.9   
    IP addresses are anonymised after 24 hours at the latest. Newsletter data is deleted upon unsubscribing from the newsletter. Pseudonymous usage data is deleted after a period of three months.

    1.10
    The website cannot be used without disclosure of personal data such as your IP address. Communication via the website is not possible without entering data. Entering data is required for receipt of the newsletter. Without such data the newsletter cannot be sent. It is still possible to use the website if the user rejects pseudonymous usage analysis.

    2. Hotel guests

    2.1 
    When accommodation is booked, the purpose of processing your data is the conclusion of a contract and the execution of the contractual relationship, as well as the fulfilment of statutory requirements. Should the booking service of the hotel be tasked with booking tickets and other services, the purpose of processing is to carry out the desired booking. Should video monitoring be installed in the publicly accessible areas of the hotel, the purpose of the video monitoring is to maintain order in the building and to reveal and prosecute criminal offences, and to enforce claims under civil law.

    2.2    
    The legal basis for the processing of contracts with natural persons is Art. 6(1)(b) GDPR (preparation and performance of the contract); for contracts with legal entities it is Art. 6(1)(f) GDPR (legitimate interest, namely communication with contact persons relevant to the contract); as well as Art. 6(1)(c) GDPR (legal obligations, particularly reporting obligations, as well as fiscal and commercial provisions). The legal basis for video monitoring is Art. 6(1)(f) GDPR (legitimate interest, namely maintenance of order in the building, revelation and prosecution of criminal offences, enforcement of claims under civil law).

    2.3    
    Recipients of data may be franchisors of the respective hotel brand, as well as banks, for the processing of payments. When booking further services through the booking service, data is passed on to the relevant service provider. Where we are obliged or entitled to transfer data, recipients may include authorities and agencies within the scope of their duties. On suspicion of a criminal act or in investigation procedures, data from video monitoring may be passed on to the police and public prosecutors. We also use service providers in our order processing, particularly for the provision, maintenance and servicing of IT systems.

    2.4
    In accordance with fiscal and commercial retention terms, all data related to contracts and bookings is retained for a period of ten calendar years following the end of the contract. Recordings from video monitoring systems are generally deleted after three days at the latest.

    2.5  
    Hotel guests are both legally and contractually obliged to provide data. Without provision of data, there is no foundation for the contractual relationship, and the contract cannot be enacted. Recording by video monitoring systems occurs automatically. There is no option for entering monitored areas without being recorded.

    2.6 
    Where bookings are received via third party-operated booking portals or booking hotlines, the latter transfer contractually relevant data such as contact and billing data, booking period and room category to the operator of the hotel for the purpose of initiating and enacting the contract.
    3. Interested parties, communication partners

    3.1    We process data from interested parties and communication partners for the purpose of communication with the stakeholders involved.

    3.2   The legal basis for the processing of data from interested parties and other communication partners is Art. 6(1)(f) GDPR (legitimate interest, namely communication with interested parties and communication partners).3.3    We pass queries on internally to the employee responsible. We also use service providers in our order processing, particularly for the provision, maintenance and servicing of IT systems.

    3.4   Queries and communications are automatically deleted after ten calendar years.

    3.5   Interested parties and communication partners are required to provide data. Without such data communication is not possible.
    4. Business partners and their employees

    4.1 
    The purpose of processing is the preparation and performance of contracts, as well as communication with the employees of business partners.

    4.2    
    The legal basis for the processing of contracts with natural persons is Art. 6(1)(b) GDPR (preparation and performance of the contract); for contracts with legal entities it is Art. 6(1)(f) GDPR (legitimate  interest, namely communication with contact persons relevant to the contract); as well as Art. 6(1)(c) GDPR (legal obligations, particularly fiscal and commercial provisions)

    4.3    
    For the processing of payments, recipients of data may include banks. Where we are obliged or entitled to transfer data, recipients may include authorities and agencies within the scope of their duties. We also use service providers in our order processing, particularly for the provision, maintenance and servicing of IT systems.

    4.4    
    In accordance with fiscal and commercial retention terms, all data related to contracts and bookings is retained for a period of ten calendar years following the end of the contract.

    4.5
    Business partners and the employees of business partners are both legally and contractually obliged to provide data. Without provision of data, there is no foundation for the business relationship, and it cannot be carried out.
    5. Rights of affected persons and other details

    5.1
    There is no transferal of data to non-EU countries.

    5.2    
    We do not use procedures for automated case-by-case decisions.

    5.3    
    You have the right to demand at any time information on all personal data relating to you that we process.

    5.4    
    Should your personal data be incorrect or incomplete, you have the right to obtain correction and completion.

    5.5   
    You can demand the deletion of your personal data at any time, as long as we are not legally obliged or entitled to process your data further.

    5.6    
    If the legal conditions apply, you may demand a restriction on the processing of your personal data.

    5.7    
    You have the right to raise an objection to the processing where data processing is carried out for the purpose of direct marketing or profiling.

    5.8   
    Should the processing be carried out on the basis of balancing interests, you may object to the processing on presentation of grounds that relate to your particular situation.

    5.9  
    Should the data processing take place on the basis of your consent or in the fulfilment of a contract, you have the right to portability of the data provided by you, as long as this does not adversely affect the rights and liberties of other persons.

    5.10  
    Where we process data on the basis of a declaration of consent, you have the right to revoke this consent at any time, with effect for the future. Processing carried out prior to the revocation remains unaffected by the revocation.

    5.11   
    You also have the right at any time to lodge a complaint with the supervisory authorities responsible for data protection if you are of the opinion that data processing is being carried out in violation of applicable law.

    Information according to § 5 TMG:
    IBB Blue Hotel Betriebs GmbH, c/o IBB Hotel Paderborn
    Angelweg 2, 33102 Paderborn

    Represented by:
    Managing Director Alexander Schreiter

    Register entry:
    entry in the commercial register.
    Registration court Berlin Charlottenburg
    Register number: HRB 176072 B

    Sales tax ID:
    Sales tax identification number according to §27 a sales tax law:
    DE 276761161

    Economic identification number:
    Economic identification number according to §139 c tax code:
    tax no. 12179/08571

    Supervisory authority:
    Regulatory authority
    Responsible for the content according to § 55 paragraph 2 RStV:
    IBB Blue Hotel Betriebs GmbH
    c/o IBB Hotel Paderborn
    Angelweg 5
    33100 Paderborn

    Source: created with the imprint generator limited liability company (GmbH) from eRecht24.

    Disclaimer:

    Liability for content
    The contents of our pages were created with great care. However, we cannot guarantee that the content is correct, complete or up-to-date. As a service provider, we are responsible for our own content on these pages according to Section 7, Paragraph 1 of the German Telemedia Act (TMG). According to §§ 8 to 10 TMG, however, we as a service provider are not obliged to monitor transmitted or stored third-party information or to investigate circumstances that indicate illegal activity. Obligations to remove or block the use of information according to general laws remain unaffected. However, liability in this regard is only possible from the point in time at which knowledge of a specific infringement of the law is known.

    Liability for links
    Our offer contains links to external third-party websites, the content of which we have no influence on. Therefore we cannot assume any liability for this external content. The respective provider or operator of the pages is always responsible for the content of the linked pages. The linked pages were checked for possible legal violations at the time of linking. Illegal content was not recognizable at the time of linking. However, a permanent control of the content of the linked pages is not reasonable without concrete evidence of an infringement. As soon as we become aware of legal violations, we will remove such links immediately.

    Copyright
    The content and works on these pages created by the site operator are subject to German copyright law. The duplication, editing, distribution and any kind of exploitation outside the limits of copyright require the written consent of the respective author or creator. Downloads and copies of this site are only permitted for private, non-commercial use. Insofar as the content on this site was not created by the operator, the copyrights of third parties are observed. In particular contents of third parties are marked as such. Should you nevertheless become aware of a copyright infringement, we ask that you inform us accordingly. As soon as we become aware of legal violations, we will remove such content immediately.

    Data protection
    Our website can generally be used without providing any personal data. Insofar as personal data (e.g. name, address or e-mail addresses) is collected on our website, this is always done on a voluntary basis as far as possible. This data will not be passed on to third parties without your express consent.
    We would like to point out that data transmission on the Internet (e.g. when communicating by e-mail) can have security gaps. A complete protection of the data against access by third parties is not possible.
    The use of contact data published as part of the imprint obligation by third parties for the purpose of sending unsolicited advertising and information material is hereby expressly prohibited. The site operators expressly reserve the right to take legal action in the event of unsolicited advertising being sent, such as spam e-mails.
    Source: Disclaimer from eRecht24, the portal on internet law by lawyer Sören Siebert.

    Mandatory information according to Regulation (EU) No. 524/2013 of the European Parliament and Council:

    Link to the homepage of the European Commission’s office for the online settlement of consumer disputes: http://ec.europa.eu/consumers/odr/ – further information will probably be available there from February 15th, 2016. We are at your disposal at paderborn@ibbhotels.com for initial questions about a possible dispute resolution . (Source: Spirit Legal LLP 2016 )

    TERMS AND CONDITIONS

    General Terms and Conditions for the Hotel Accommodation Contract

    I. Scope
    1. These terms and conditions apply to hotel accommodation contracts and all other services and deliveries provided by the hotel for the guest.
    2. Deviating provisions, even if they are contained in the general terms and conditions
    of the guest or the customer, do not apply unless they are expressly recognized in writing by the hotel.

    II. Conclusion of contract, – patner
    1. Upon the guest’s booking request, a hotel accommodation contract (hereinafter referred to as “contract”) is concluded with the corresponding booking confirmation from the  hotel.

    2. The contractual partners are the guest and the hotel. If a third party makes the booking for the guest, they are liable to the hotel as the customer together with the guest as
    joint debtor for all obligations arising from the contract, provided the hotel has a corresponding declaration from the customer. Irrespective of this, each customer is
    obliged to pass on all information relevant to the booking, in particular the General Terms and Conditions, to the guest.

    3. The subletting or re-letting of the rooms provided and their use for purposes other than accommodation require the prior written consent of Hotel

    III. Services, prices, payment, offsetting

    1. The hotel is obliged to keep the rooms booked by the guest available in accordance with these general terms and conditions and to provide the agreed
    services.

    2. The guest is obliged to pay the applicable or agreed hotel prices for rooms provided and for other services used. This also applies to services and expenses of the hotel to third parties caused by the guest or the customer. The agreed prices include the respective statutory sales tax.

    3. The hotel can give its consent to a reduction in the number of booked rooms, the services of the make the hotel or the length of stay of the guest dependent on the price for the room and/or for the other services of the hotel increasing.

    4. Hotel invoices are due for payment immediately upon receipt without deduction.

    The hotel can demand the immediate payment of due claims from the guest at any time. The guest is in default at the latest if he does not pay within 30 days after the due date and receipt of an invoice; this only applies to a guest who is a consumer if the consequences have been specifically pointed out in the invoice. In the event of late payment, the hotel is entitled to charge consumers default interest of 5 percentage points above the base rate to calculate. In commercial transactions, the interest rate is 8 percentage points above
    the base rate. The hotel reserves the right to claim higher damages . The hotel can charge a reminder fee of EUR 15.00 for each reminder sent after default.

    5. The hotel is entitled to demand a reasonable advance payment of the security deposit from the guest upon conclusion of the contract in the form of a credit card guarantee, a down payment or similar. The amount of the advance payment and the payment dates can be agreed in writing in the contract.

    6. In justified cases, e.g. the guest is in arrears with payment or the scope of the contract has been extended, the hotel is entitled, even after conclusion of the contract, up to
    beginning of the stay, to request an advance payment or security deposit within the meaning of paragraph 5 above or an increase in the advance payment or security deposit agreed in the contract up to the full agreed remuneration.

    7. The hotel is also entitled to demand a reasonable advance payment or security deposit within the meaning of paragraph 5 above for existing and future claims arising from the contract at the beginning and during the stay, insofar as such has not already been paid in accordance with paragraph 5 above and/or paragraph 6 has been provided.

    8. The guest can only offset an undisputed or legally established claim against a claim by the hotel.

     

    IV. Withdrawal by the guest, cancellation

    1. The hotel grants the guest the right to withdraw at any time.

    The following provisions apply :

    a) If the guest withdraws from the booking, the hotel is entitled to reasonable compensation.

    b) The hotel has the choice of claiming damages from the guest in the form of a flat-rate compensation instead of a specifically calculated compensation . The compensation fee is 90% of the contractually agreed price for overnight accommodation with or without breakfast, 70% of the contractually agreed price for overnight accommodation with full-board arrangements. The guest is free to prove that the hotel did not suffer any damage or that the hotel suffered  is lower than the required flat-rate compensation.

    c) If the hotel calculates the compensation specifically, the maximum amount of compensation is the amount of the contractually agreed price for the
    service to be provided by the hotel less the value of the expenses saved by the hotel and what the hotel has earned through other uses of the
    Acquires hotel services.

    2. The above regulations on compensation apply accordingly if
    the guest does not use the booked room without notifying the hotel in good time.

    3. Has the hotel given the guest an option within a certain period of time withdraw from the contract without further legal consequences, the hotel has no
    right to compensation. Decisive for the timeliness of the declaration of withdrawal is its receipt by the hotel. The guest must declare the withdrawal in writing.

     

    V. Withdrawal by the hotel

    1. If the guest has been granted a right of withdrawal free of charge in accordance with Section IV Paragraph 3, the hotel is also entitled to withdraw from the contract within the agreed period if there are inquiries from other guests and customers about the booked rooms and the Guest does not waive his right of withdrawal free of charge in accordance with Section IV Para. 3 upon request by the hotel .

    2. If an advance payment or security deposit that has been agreed or requested in accordance with section III, paragraphs 4 and/or 5 above
    is not made even after a reasonable grace period set by the hotel has expired, the hotel is also entitled to withdraw from the contract.

    3. Furthermore, the hotel is entitled to withdraw from the contract for important reasons, in particular if

    · force majeure or other circumstances for which the hotel is not responsible make it impossible to fulfill the contract;
    · rooms are booked with misleading or false information about essential facts, eg the guest or the purpose;
    · the hotel has reasonable grounds to believe that the claim will be made the hotel service can jeopardize smooth business operations, security or the reputation of the hotel in public without this being attributable to the hotel’s area of ​​control or organization;
    · there is unauthorized subletting or subletting within the meaning of Section II, Paragraph 3

    · a case of Section VI. Paragraph 3 applies;
    · the hotel becomes aware of circumstances that the guest’s financial situation has deteriorated significantly after the conclusion of the contract, in particular if the guest does not settle due claims of the hotel or does not provide sufficient security and therefore payment claims of the hotel appear at risk;

    · the guest has applied for the opening of insolvency proceedings over his assets, has submitted an affidavit in accordance with Section 807 of the Code of Civil Procedure, initiated out-of-court debt settlement proceedings or stopped his payments;

    · insolvency proceedings are opened against the guest’s assets or the opening of the same is rejected for lack of assets. 4. The hotel must immediately inform the guest in writing
    of the exercise of the right of withdrawal . 5. In the aforementioned cases of withdrawal, the guest is not entitled to compensation.

     

    VI. Arrival- Departure

    1. The guest does not acquire the right to be provided specific rooms unless the hotel has confirmed in writing that specific rooms are provided.

    2. Booked rooms are available to the guest from 3 p.m. on the agreed day of arrival. The guest has no right to earlier provision.

    3. Booked rooms are to be occupied by the guest no later than 6 p.m. on the agreed day of arrival. Unless a later arrival time has been expressly agreed, the hotel has the right to allocate booked rooms to someone else after 6 p.m. without the guest being able to derive any claims for compensation from this. In this respect, the hotel has a right of withdrawal.

    4. On the agreed day of departure, the rooms must be vacated and made available to the hotel by 12 noon at the latest . After that, the hotel can charge the daily room price
    for the additional use of the room up to 6 p.m. and from 6 p.m. 100% of the full applicable accommodation price. The guest is free to prove to the hotel that no
    damage or a significantly lower damage was incurred.

     

    VII. Liability of the hotel, statute of limitations

    1. Should disruptions or defects in the hotel’s services occur, the hotel will endeavor to remedy the situation if the guest complains immediately.
    If the guest culpably fails to notify the hotel of a defect, this occurs claim for reduction of the contractually agreed fee.

    2. The hotel is liable in accordance with the statutory provisions for all damage resulting from injury to life, limb and health, as well as in the event that the hotel assumes a guarantee and in the event of fraudulently concealed defects.

    3. The hotel is only liable for all other damage that is not covered by Section XII Paragraph 2 and is caused by slightly negligent behavior on the part of the hotel, its legal representatives or its vicarious agents if this damage is due to the violation of a material contractual obligation or a cardinal obligation in a
    way that endangers the purpose of the contract. In these cases, the Liability is limited to the foreseeable contract-typical damage.

    4. The above limitations of liability apply to all claims for damages, regardless of their legal basis, including claims from tort. The above limitations and exclusions of liability also apply in cases of any claims for damages by a guest against employees or vicarious agents of the hotel. They do not apply in cases of liability for a defect after the assumption of a guarantee for the quality of an item or work, in the case of fraudulently concealed errors or in the event of personal injury.

    5. The hotel is liable to the guest for items brought in according to the statutory provisions Provisions, ie up to a hundred times the accommodation price, but no more than
    EUR 3,500.00. Liability for valuables (cash, jewellery, etc.) is limited to EUR 800.00. The hotel recommends making use of the option of storing items in the room or central hotel safe.

    6. If the guest is provided with a parking space in the hotel garage or in a hotel car park, even for a fee, this does not result in a custody agreement. The hotel is under no obligation to monitor. The hotel is not liable in the event of loss or damage to motor vehicles parked or maneuvered on the hotel property and their contents, insofar as the hotel, his legal representatives or vicarious agents are not responsible for intent or gross negligence. In this case, the damage must be claimed from the hotel at the latest when leaving the hotel property.

    7. Wake-up calls are carried out by the hotel with the utmost care. Claims for damages, except due to gross negligence or intent, are excluded.

    8. Messages, post and consignments for the guests are treated with care. The hotel takes care of the delivery, storage and – on request – for a fee the forwarding of the same as well as on request also for lost property.

    Claims for damages, except due to gross negligence or intent excluded. After a storage period of one month at the latest, the hotel is entitled to hand over the aforementioned items to the local lost and found office, charging a reasonable fee . 9. Claims for damages by the guest become time-barred no later than two years from the time the guest became aware of the damage or, regardless of this knowledge, no later than three years from the time of the damaging event. This does not apply to liability for damage resulting from injury to life, limb or health or for other damage resulting from an intentional and grossly negligent breach of duty by the hotel, a legal representative or vicarious agent of the hotel.

     

    VIII. Final

    Provisions 1. Changes or additions to the contract, the acceptance of applications or these General Terms and Conditions for Hotel Accommodation should be made in writing.
    Unilateral changes or additions by the guest are invalid. Submission of the corresponding declaration by fax or e-mail is also sufficient to comply with the written form requirements specified in these General Terms and Conditions . 2. The place of performance and payment is the hotel’s registered office. 3. Place of jurisdiction is – if the contractual partner of the hotel is a businessman or legal

    Is a person under public law – is the seat of the hotel or at the option of the Hotel Frankfurt am Main. If the contractual partner of the hotel does not have a general place of
    jurisdiction in Germany, the place of jurisdiction is the hotel’s registered office. However, the hotel is entitled to file suits and other legal proceedings at the guest’s general place of jurisdiction.

    4. The law of the Federal Republic of Germany applies to the exclusion of the UN Sales Convention.

    5. Should individual provisions of these General Terms and Conditions for Hotel Accommodation be or become invalid or void, this shall not affect the validity of the remaining provisions. Otherwise, the statutory provisions apply.