1.
Area of applicability
1. These general terms and conditions apply for all services and deliveries by the campground.
2. Should the campground change its general terms and conditions before the termination of the contract, the updated version is
incorporated into the contract if the partner to the contract is informed about this in writing with reference to these legal
consequences and the partner does not object to the incorporation within a period of 14 days.
3. The customer’s general terms and conditions shall only form part of this contract if the campground consents in writing to the
incorporation in whole or for individually specified points.
2.
Conclusion of the contract
1. The contract (hereafter also referred to as the “booking”) comes into effect on request from the customer through the acceptance by the campground. The campground is free to confirm the booking in writing.
2. If a third party makes the booking for the customer, it is liable to the campground as the booking party together with the customer as joint debtor.
3.
Services, prices, payment, billing
1. The campground is obligated to perform the services ordered by the customer and agreed to by the campground.
2. The customer is obligated to pay the campground the agreed prices for these and other services enlisted. This also applies for campground
services and expenses induced by it for third parties.
3. If the campground rescinds with good cause, the customer has no claim for compensation.
4. The agreed prices include the current statutory VAT. Should the rate of VAT applicable to the contractual services increase or
decrease after the conclusion of the contract, the prices shall be adjusted accordingly.
5. If the period between the conclusion of the contract and the fulfilment of the contract as defined by the contractual agreements
exceeds four months and the general price charged for such services is increased by the campground, this can increase the
contractually agreed price as appropriate, but by 5 % at the most.
6. The campground is entitled to increase the prices if municipal duties (culture tax, visitor’s tax, etc.) for the accommodation are
increased. The price increase is limited to the costs of the abovementioned duties.
7. The campground’s bills are payable immediately upon receipt of the bill without any deduction, unless other payment terms and
conditions are expressly agreed. The campground is entitled to render accumulated claims for payment at any time and to demand immediate payment. If payment is delayed, the campground is entitled to claim interest for delay amounting to 10% above the base rate for companies and 5% above the base rate for consumers. The campground is at liberty to prove that the damages are greater.
8. The subleasing and re-leasing of allocated rooms, other rooms, spaces or cabinets as well as inviting to interviews, sales or similar events require the prior written consent of the campground.
9. The campground is entitled to demand upon conclusion of the contract an appropriate advance payment or security deposit in the form of a credit card guarantee or similar from the customer. If an advance payment is not made within the agreed period, the campground can withdraw from the contract and claim compensation for damages.
10. In justified cases (e.g. outstanding payment by the customer or extending the scope of the contract) the campground is entitled to demand an increase of the advance payment agreed in the contract or an increased security deposit amounting to the expected costs of the accommodation.
11. The campground is further entitled to demand an appropriate advance payment or a security deposit from the customer at the beginning and during the customer’s stay, provided that such an advance payment or security deposit was not already paid in accordance with the above provisions.
12. The customer can only settle or lower a claim by the campground with an undisputed or valid claim.
Room availability, delivery and return
1. The customer does not acquire any claim for the availability of a particular room unless the campground confirmed the availability of a particular room in writing.
2. Booked rooms are available to the customer from 3:00pm on the day of arrival. The customer has no claim for earlier availability. Guests who arrive before 3:00pm can move into their room as early as possible, according to availability.
3. The available rooms are to be taken by 9:30pm on the day of arrival. After this time the campground can book out the tents to others, unless the customer informed the campground in advance and in writing that they would arrive later. The campground is entitled to demand a guarantee for late arrivals.
4. On the agreed day of departure, check-out is at 12:00 at the latest. After that time the campground can charge 50 % of the agreed price of the room for the additional use of the room up until 3:00pm, and 100 % from 3:00pm. Possible further claims for compensation for damages by the campground are reserved.
5.
Withdrawal of the customer from the contract for accommodation (cancellation, rescission)
1. Cancellation of the campground contract by the customer requires the prior written consent of the campground. Without the consent of the campground, the customer will be required to pay 100% of the contract price on unused rooms for each night booked, unless they can be booked to other clients. The customer is at liberty to demonstrate that the above claim has not been incurred or not in the amount claimed. The customer can no longer claim the room in a multi-day booking if he does not arrive on the first day of the reservation without prior consultation with the campground. In this case, the campground is entitled and required to rent the room for the remaining time period, as far as possible.
2. If a deadline for withdrawal from the contract free of charge was agreed between the campground and the customer, the customer can withdraw from the contract until that point without initiating claims by the campground for payment or compensation for damages. The customer’s right to rescind expires if it does not exercise its right to rescind against the campground by the agreed deadline.
3. Services performed by third parties or special services (e.g. cakes, flowers, etc.) which become useless as a result of the cancellation are to be paid by the customer in full.
6.
Withdrawal of the customer from a contract for an event (cancellation, rescission)
1. The customer is only entitled to rescind without charge if this has been agreed with the campground in writing. Otherwise the campground is entitled in the case of a cancellation to charge the agreed cost of hire for the event rooms in addition to the costs of preparation in accordance with the following provisions, provided that it is not possible to book the rooms for another customer.
2. The campground is entitled to charge for the room or the conference package
- at a rate of 50 % for cancellation from 6 months before the beginning of the event, - at a rate of 80 % for cancellation from 3 months before the beginning of the event, - at a rate of 90 % for cancellation from 14 days before the beginning of the event.
3. If sales of food and drink are agreed, the campground is entitled to charge the following additional costs in the case of cancellation:
If the customer cancels the booking for an event with agreed food and drink between the 8th and 4th week before the event, the campground is entitled to charge 35 % of the food sales lost and 20 % of the drinks sales, and is entitled to charge 80 % of the food and drink sales from the 4th weeks until the beginning of the event. The sum for food and drinks is calculated according to the number of participants agreed in the contract. If no sum for food and drinks was agreed in the contract, the cheapest three course menu from the currently valid event offer shall be used as a basis for the all-inclusive price. The food bill will then be calculated using the formula: menu price, banquet x number of people. Drinks sales are calculated as 50 % of the food bill.
4. The customer is at liberty to prove that the campground is not at any loss as a result of the event not taking place or the loss for the campground is lower than the flat-rate compensation for damages claimed.
7.
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Withdrawal of the Customer of the combined accommodation and event agreement (cancellation, rescission)
1. Cancellation by the customer of the combined accommodation and event agreement requires the prior written consent of the campground. Without the consent of the campground, the customer is required to pay 100% of the contract price, unless further rental is possible. The customer is at liberty to demonstrate that the above claim has not been incurred or not incurred in the amount claimed.
2. To the extent that a date for free cancellation of the contract has been agreed between the campground and customer, the customer may cancel the contract until that time without triggering payment or damage compensation claims for the campground. The right of cancellation expires if up to the agreed date he has not exercised his right of cancellation with respect to the campground.
3. Services performed by third parties or special services (e.g. cakes, flowers, etc.) which become useless as a result of the cancellation are to be paid by the customer in full.
8. Commission
1. The campground is required to pay contractually agreed commissions for rooms used and for events held in the context of providing room allocations, events and other services. With regard to the cancellation charges under 5. and 6. of the present terms and conditions a commission claim will not be possible.
9. Rescission by the campground
1. If it has been agreed that the customer can rescind without incurring costs within a defined period, the campground is also entitled to withdraw from the contract within this period.
2. If an agreed advance payment or an advance payment claimed on the basis of these general terms and conditions is not paid by the due date, the campground is also entitled to rescind the contract. Moreover, the campground can claim compensation for damages from the customer.
3. The campground is entitled to rescind the contract with immediate effect if, for example,
- acts of God and other circumstances which the campground is not responsible for make the fulfilment of the contract impossible;
- bedrooms and other rooms are intentionally booked using misleading or false statements about facts which are material to
the contract, e.g. who the customer is or the purpose of the stay;
- the campground has justified reason to assume that the use of campground services can put at risk the smooth operation of the business,
the security or the public reputation of the campground, unless this is attributable to the campground's sphere of responsibility;
- the purpose or reason of the stay is illegal;
- there is an unauthorized sub-leasing or re-leasing contrary to 3. 7. of these general terms and conditions;
- the campground is closed;
- proper accommodation and/or proper facilities for an event are not guaranteed because the campground is being renovated;
- the customer withdraws from a part of the contract in the case of a combined accommodation and event contract.
- the customer has submitted an affidavit;
- if bankruptcy or settlement proceedings have been instigated in respect of the assets of the customer.
10.
Number of participants, changes to the number of participants and changes to the event location
1. A change in the number of participants registered by the customer of more than 5 % must be notified in writing to the campground catering department at the latest 7 days before the start of the event, so that it can be acknowledged by the campground in the bill. Deviations beyond this shall be based on the original number of participants registered less 5 %.
2. An increase in the number of participants of more than 5 % requires the written consent of the campground. In the case of an increase, the actual number of participants will be used as the basis for the bill.
3. If the number of participants is changed by more than 10 %, the campground is entitled to exchange the agreed rooms, provided that the size of the new rooms is appropriate for the latest number of participants notified and the rooms are comparably equipped.
4. If necessary the campground is entitled to move the booked event to another room of the same value.
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5. If the agreed start and finishing times of the event are changed without the prior written consent of the campground, the campground can charge for the additional costs for the commitment , unless the campground is responsible for the change of times.
6. If the event carries on after midnight, the campground is entitled to charge $5.00 per guest per hour. The agreed number of participants is the basis for the number of guests.
7. Displays are not allowed in the foyer and in the lobby. The prior written consent of the campground is required to place advertising material.
11.
Own food and drink
2. The customer is fully liable for the food and drinks brought along being fit for consumption and absolves the campground in this respect from any claims by third parties.
3. The campground undertakes no liability for the shelf life of the food which is taken away to the campground after an event at the campground or taken outside the campground for private consumption.
12.
Technical equipment and connections
1. If the campground procures technical and other equipment from third parties for the customer on its request, it deals in the name of, with the authority of and on behalf of the customer. The customer is liable for handling the equipment with care and for its proper return. It absolves the campground from all claims by third parties for relinquishment of this equipment.
2. The use of the organizer's own electrical equipment or that of third parties authorized by the organizer which uses the campground electricity network requires the prior written consent of the campground. Disruptions or damages to the campground's technical equipment caused by the use of this equipment will be at the cost of the organizer, if the campground was not responsible. The campground may include and charge at a flat rate the power costs which arise through the use of such equipment.
4. Failures in the technical or other equipment provided by the campground will be corrected as soon as possible. Payments cannot be retained or reduced if the campground was not responsible for these failures.
5. If the campground's technical equipment remains unused because the customer commissioned an external technology company, the campground is entitled to claim compensation for operating losses.
17. campground's liability
1. The campground is liable to carry out its contractual duties with the diligence of a prudent businessperson. Claims by the customer for compensation for damages are excluded. Excluded from this are damages arising from death, injury to body or health. Damages due to the intentional or grossly negligent breach of duty by the campground are also not included in the exclusion of liability. The exclusion of liability also does not include damages arising from the breach of material contractual duties. Material contractual duties are those which are actually required to be fulfilled before the contract can be properly carried out and the customer may place constant trust in their fulfilment. Further, the strict liability imposed by the Produkthaftungsgesetz [law on product liability] remains unaffected as well as the liability arising from a guarantee potentially taken by the campground. A breach of duty by the campground has the same consequences for legal representatives or assistants.
3. If the customer is provided with a place to put the things in the campground garage or in a campground parking place, no contract for safekeeping is created.
4. Claims by the customer against the campground prescribe after a year from knowledge of the facts which found this claim. Claims for compensation for damages prescribe after 5 years whether or not knowledge of them is received. This shortening of the statutory periods of prescription does not apply in the case of culpable death, injury to body or in the case of liability under the product liability law.
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18.
Final provisions
1. Alterations and additions to the contract for accommodation and events are required to be in writing to be effective. Waiving the requirement of writing is also required to be in writing.
2. The place of fulfilment and payment is the registered office of the campground.
3. The place where the campground has its registered office is the exclusive jurisdiction for commercial issues.
5. Should individual provisions of the accommodation or event contract or individual provisions of these general terms and
conditions for campground accommodation and for holding events be or become ineffective, the effectiveness of the remaining provisions will remain unaffected by this. Moreover, the statutory provisions apply.