Terms and Conditions
Ferienpark Gehlberg
Status: January 2020
Jan und Carolina Uittenbroek GbR, Zum Sportplatz 1, 98528 Suhl OT Gehlberg, Germany
– hereinafter referred to as „Ferienpark Gehlberg“ –
1. Scope
1.1 The following general terms and conditions apply to contracts for the rental of holiday apartments (hereinafter referred to as “Ferienpark Gehlberg”) for accommodation and conferences as well as all other services and deliveries provided to the guest by Ferienpark Gehlberg.
1.2 Deviating regulations only apply if they have been individually agreed between Ferienpark Gehlberg and the guest.
2. Conclusion of the contract
2.1 The Ferienpark Gehlberg accommodation contract is concluded when the guest submits an application (holiday home booking), which is accepted by Ferienpark Gehlberg. Acceptance occurs through confirmation of the holiday home booking.
The confirmation of the holiday home booking can be made verbally, in writing, by telephone, internet or by e-mail (kontakt＠ferienparkgehlberg.de).
2.2 If the holiday home booking is made by a third party on behalf of the guest, the third party is jointly and severally liable to Ferienpark Gehlberg together with the guest for all obligations arising from the Ferienpark Gehlberg acceptance contract, provided that Ferienpark Gehlberg has received a corresponding declaration from the third party.
2.3 The subletting and further rental of the holiday home as well as its use for purposes other than accommodation require the prior written consent of the Ferienpark Gehlberg.
3. Prices and Services
3.1 Ferienpark Gehlberg is obliged to keep the holiday home booked by the guest ready in accordance with these General Terms and Conditions and to provide the agreed services.
3.2 The guest is obliged to pay the applicable or agreed prices of the park for the rental of the holiday home and the other services used by him. This also applies to services and expenses incurred by the park towards third parties at the request of the guest or the person placing the order.
3.3 The agreed prices include the respective statutory value added tax.
3.4 The prices can be changed by the Ferienpark Gehlberg if the guest subsequently requests changes to the number of holiday homes booked, the services provided by the Ferienpark Gehlberg or the length of stay of the guests, and the Ferienpark Gehlberg agrees to this.
3.5 Invoices from Ferienpark Gehlberg are payable immediately upon receipt without deduction.
Default occurs if the guest does not pay within 7 days of the due date and receipt of an invoice; this only applies to a guest who is a consumer if these consequences were specifically pointed out in the invoice. In the event of default in payment, Ferienpark Gehlberg is entitled to charge consumers default interest of 5% above the base interest rate. In commercial transactions, the default interest rate is 9% above the base interest rate. Ferienpark Gehlberg reserves the right to claim higher damages. Ferienpark Gehlberg can charge a reminder fee of 10 EUR for each reminder after default occurs.
3.6 The Ferienpark Gehlberg is entitled to demand an appropriate advance payment or security deposit upon conclusion of the contract or thereafter. The amount of the advance payment and its due date can be agreed in writing in the contract. The Ferienpark Gehlberg is also entitled to make any claims accrued during the guest's stay at the Gehlberg holiday park due at any time by issuing an interim invoice and to demand immediate payment.
3.7 The guest can only offset or reduce a claim against Ferienpark Gehlberg with an undisputed or legally established claim.
4. Unused services, cancellation, withdrawal of the guest
4.1 The Ferienpark Gehlberg grants the guest the right to withdraw at any time. The following provisions apply:
- If the guest cancels the booking, the Ferienpark Gehlberg is entitled to reasonable compensation.
- For bookings that are cancelled up to 60 days before the day of arrival, the holidaymaker will not receive a refund for the 30% deposit. For bookings that are cancelled within 60 days before the day of arrival, the holidaymaker will not receive a refund. (Re-)booking costs, cancellation costs (if no 30% deposit has been paid) and reservation costs are 50.00 euros at any time
Deposit
The deposit of 30 percent should be transferred to our account within 7 days of booking. The remaining amount should be transferred to our account at least 60 days before arrival.
Account:
Sparkasse Arnstadt - Ilmenau
Owner: Jan und Carolina Uittenbroek GbR
IBAN: DE31 8405 1010 1010 1165 13 BIC: HELADEF1ILK
Tip: We recommend that you take out travel cancellation insurance.
4.2 The above provisions regarding compensation shall apply accordingly if the guest does not use the booked holiday home or the booked services without informing Ferienpark Gehlberg in good time.
4.3 The right to compensation is void if the Ferienpark Gehlberg has granted the guest an option in the contract to withdraw from the contract within a certain period of time without further legal consequences. The decisive factor for the timeliness of the declaration of withdrawal is its receipt by the Ferienpark Gehlberg. The guest must declare the withdrawal in writing.
4.4 The offer or invoice is based on a fixed price for the entire house. If you are unexpectedly unable to travel with the entire group, the price will not be adjusted. We can only calculate and adjust the bed linen and tourist tax per person.
5. Resignation of Ferienpark Gehlberg
5.1 If the guest has been granted a free right of withdrawal in accordance with section 4.3 in the accommodation contract, the Ferienpark Gehlberg is also entitled to withdraw from the contract within the agreed period if other guests request the booked holiday home and the guest does not definitively confirm the booking when asked by the Ferienpark Gehlberg.
5.2 If an advance payment or security deposit agreed in accordance with Section 3.6 is not made within a set period of time, Ferienpark Gehlberg is also entitled to withdraw from the contract.
5.3 A right to withdraw from the contract for good cause remains unaffected. This applies in particular if
- force majeure or other circumstances beyond the control of Ferienpark Gehlberg make the fulfillment of the contract impossible;
- holiday homes are booked with misleading or false information about essential facts, e.g. regarding the identity of the guest or the purpose;
- Ferienpark Gehlberg has reasonable grounds to believe that the use of the park service could endanger the smooth running of the business, the security or the reputation of Ferienpark Gehlberg in the public eye, without this being attributable to the control or organizational area of Ferienpark Gehlberg;
- there is unauthorized subletting or reletting in accordance with section 2.3;
- a case of section 6.3 exists;
- Ferienpark Gehlberg 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 outstanding claims of Ferienpark Gehlberg or does not provide sufficient security and therefore Ferienpark Gehlberg's payment claims appear to be at risk;
- the guest has filed an application for the opening of insolvency proceedings regarding his assets, provided a statement of assets in accordance with Section 807 of the Code of Civil Procedure, initiated an out-of-court debt settlement procedure or stopped making payments;
- insolvency proceedings have been opened regarding the guest's assets or the opening of the same has been refused due to insufficient assets or for other reasons.
5.4 The Ferienpark Gehlberg must inform the guest of the exercise of the right of withdrawal immediately in text form.
5.5 In the aforementioned cases of withdrawal, the guest has no claim to compensation.
6. Arrival and departure
6.1 The guest does not acquire any right to the provision of a specific holiday home unless the Gehlberg holiday park has confirmed the provision of a specific holiday home in writing.
6.2 Booked holiday homes are available to guests from 3 p.m. on the agreed arrival day. Guests are not entitled to earlier availability.
6.3 Booked holiday homes must be occupied by the guest by 6 p.m. on the agreed arrival day at the latest. Unless a later arrival time has been expressly agreed, the Ferienpark Gehlberg has the right to rent booked holiday homes to other guests after 8 p.m. without the guest being able to claim compensation. The Ferienpark Gehlberg has the right to withdraw from the contract in this respect.
6.4 On the agreed departure day, the holiday homes must be vacated by 10:30 a.m. at the latest. After this, the Ferienpark Gehlberg can charge the daily price for the additional use of the holiday home in addition to the damage caused. The guest is free to prove to the Ferienpark Gehlberg that no damage or significantly less damage was caused.
7. Liability
7.1 In cases of intent or gross negligence, the Ferienpark Gehlberg is liable in accordance with the statutory provisions. In the case of minor negligence, the Ferienpark Gehlberg is liable exclusively for injury to life, body or health or for the violation of essential contractual obligations. The claim for damages for the slightly negligent violation of essential contractual obligations is, however, limited to the foreseeable damage typical of the contract, unless liability is incurred for injury to life, body or health. The organizer is liable to the same extent for the negligence of vicarious agents and representatives.
7.2 The provision of the preceding paragraph (8.1) extends to compensation in addition to performance, compensation instead of performance and claims for compensation for wasted expenditure, regardless of the legal basis, including liability for defects, delay or impossibility.
7.3 If a parking space is made available to the guest, Ferienpark Gehlberg is not obliged to monitor it unless this has been individually agreed in writing in a storage contract.
7.4 Wake-up calls are carried out by Ferienpark Gehlberg with the utmost care. Claims for damages, except for gross negligence or intent, are excluded.
7.5 Messages, mail and goods sent to guests are handled with care. The Ferienpark Gehlberg is responsible for delivery, storage and - if requested - forwarding of the same for a fee, as well as for lost property upon request. Claims for damages, except for gross negligence or intent, are excluded. The Ferienpark Gehlberg is entitled to hand over the aforementioned items to the local lost property office after a maximum storage period of one month, charging an appropriate fee.
7.6 The limitation period for the guest’s claims is governed by statutory provisions.
8. Non-smoking hotel/Alerting the fire brigade in case of fire
Smoking is prohibited in all holiday homes and common areas. If guests smoke in the holiday home or common areas, we will charge the guest EUR 200 towards the cleaning costs. If a holiday home or common area cannot be rented the next day due to a strong smell of smoke, an additional night will be charged at the list price. In the event of a fire alarm caused by the guest, all costs directly related to this, such as the deployment of the fire service or the subsequent costs of restoring the property to working order, are to be borne solely by the guest.
9. Pets
Dogs are allowed on request for a one-time fee. Any damage caused by the animal is the responsibility of its owner.
10. Final provisions
The law of the Federal Republic of Germany applies. The application of the UN Convention on Contracts for the International Sale of Goods and the conflict of laws is excluded.
Suhl OT Gehlberg, 22.01.2020
Jan and Carolina Uittenbroek
Ferienpark Gehlberg
Zum Sportplatz 1
98528 Suhl OT Gehlberg
Germany