1. These terms and conditions apply to all contracts between Freizeitpark Wisseler See GmbH and the vacation guest for the rental of trekking cabins, mobile homes, vacation homes and mobile caravans as well as for all services to be provided by Freizeitpark Wisseler See GmbH in this context.
2. The subletting or further leasing of the premises provided and their use for purposes other than accommodation require the express prior consent of Freizeitpark Wisseler See GmbH and can be made dependent on the payment of an additional fee.
Conclusion of contract; statute of limitations
1. The contract comes into effect with the acceptance of the vacation guest’s application by Freizeitpark Wisseler See GmbH. The guest is free to confirm the booking in text form.
2. All claims against Freizeitpark Wisseler See GmbH are generally subject to a limitation period of one year from the start of the statutory limitation period. This does not apply to liability for loss of life, bodily injury or damage to health caused by wilful or negligent breach of duty on the part of Freizeitpark Wisseler See GmbH, or for other loss or damage caused by wilful or grossly negligent breach of duty on the part of Freizeitpark Wisseler See GmbH.
Services, prices, payments, offsetting
1. The vacation guest is obliged to pay the agreed or applicable prices of Freizeitpark Wisseler See GmbH for the provision of the rental property and any other services used by the guest.
2. The agreed prices include the taxes and local charges applicable at the time of conclusion of the contract. They do not include local charges that are owed by the guest according to the respective local law, such as tourist tax. In case of changes to the statutory value added tax or the introduction, amendment or abolition of local taxes on the object of performance after conclusion of the contract, prices shall be adjusted accordingly.
3. Freizeitpark Wisseler See GmbH may make its consent to a subsequent reduction in the number of booked rental objects, the services or the length of stay of the holidaymaker requested by the holidaymaker dependent on a reasonable increase in the price of the rental object.
4. If payment on account has been agreed, payment must be made – unless otherwise agreed – within 10 days of receipt of the invoice without deduction.
5. For each reminder after default has occurred, the vacation guest must reimburse Freizeitpark Wisseler See GmbH for reminder costs of € 10.00. The vacation guest is free to prove that no costs or considerably lower costs were incurred.
6. Freizeitpark Wisseler See GmbH is entitled to demand an appropriate advance payment or security deposit from the vacation guest upon conclusion of the contract, e.g. in the form of a credit card guarantee. The amount of the advance payment and the dates of payment can be agreed in the contract in text form.
7. In justified cases, for example if the vacation guest is in arrears with payments or the scope of the contract is extended, Freizeitpark Wisseler See GmbH is entitled, even after conclusion of the contract and until the beginning of the stay, to demand an advance payment or security deposit within the meaning of No. 6 above or an increase in the advance payment or security deposit agreed in the contract up to the full agreed remuneration.
8. The vacation guest may only offset or set off undisputed or legally binding claims against a claim of Freizeitpark Wisseler See GmbH.
Cancellation by the vacation guest – non-use of the service
1. The vacation guest may only withdraw from the contract concluded with Freizeitpark Wisseler See GmbH if a right of withdrawal has been expressly agreed in the contract, if a statutory right of withdrawal exists or if Freizeitpark Wisseler See GmbH expressly agrees to the cancellation of the contract. The agreement of a right of withdrawal and any consent to the cancellation of the contract shall be made in writing.
2. If a date for the free exercise of the right of withdrawal was agreed upon, the vacation guest can withdraw from the contract up to that date, without payment or compensation claims of Freizeitpark Wisseler See GmbH. The holiday guest’s right of withdrawal expires if he does not exercise it by the agreed date vis-à-vis Freizeitpark Wisseler See GmbH in text form.
3. If a right of withdrawal has not been agreed or has already expired, there is no statutory right of withdrawal and Freizeitpark Wisseler See GmbH does not agree to a cancellation of the contract. Freizeitpark Wisseler See GmbH retains the right to the agreed remuneration despite not using the service.
3. If a right of withdrawal has not been agreed or has already expired, there is no legal right of withdrawal and Freizeitpark Wisseler See GmbH does not agree to a cancellation of the contract.
Freizeitpark Wisseler See GmbH retains the right to the agreed remuneration despite not using the service. Freizeitpark Wisseler See GmbH must credit the income from renting the rental object to another party and the expenses saved. If the rented object is not let to another party, the Freizeitpark Wisseler See GmbH may demand the contractually agreed remuneration and make a lump sum deduction for saved expenses. In this case, the vacation guest is obliged to pay at least 90% of the contractually agreed price. He is free to provide proof that the aforementioned claim has not arisen or has not arisen in the required amount.
Resignation of Freizeitpark Wisseler See GmbH
1. If it has been contractually agreed that the holidaymaker can withdraw from the contract free of charge up to a certain date, Freizeitpark Wisseler See GmbH is entitled to withdraw from the contract in whole or in part up to this date if there are inquiries from other holidaymakers about the contractually booked rental properties and the holidaymaker does not waive his or her right to withdraw from the contract after Freizeitpark Wisseler See GmbH has given a reasonable period of notice. The same shall apply mutatis mutandis if an option is granted, if there are other inquiries and the vacation guest is not prepared to make a firm booking at the request of Freizeitpark Wisseler See GmbH within a reasonable period of time.
2. Furthermore, Freizeitpark Wisseler See GmbH is entitled, for objectively justified reasonsto withdraw from the contract extraordinarily, especially if
a) force majeure or other circumstances beyond the control of Freizeitpark Wisseler See GmbH make it impossible to fulfill the contract;
b) services are booked under misleading or false statements or concealment of facts essential to the contract. The identity of the vacation guest, his solvency or the purpose of his stay can be essential to the contract;
c) Freizeitpark Wisseler See GmbH has reasonable grounds to believe that the use of the services may jeopardize the smooth operation, safety or public reputation of Freizeitpark Wisseler See GmbH, without this being attributable to Freizeitpark Wisseler See GmbH’s sphere of control or organization
f) an agreed advance payment or advance payment requested according to the above clause § 3 No. 6 and/or 7 has not been made even after a reasonable grace period set by Freizeitpark Wisseler See GmbH has expired.
3. The justified withdrawal of Freizeitpark Wisseler See GmbH does not constitute a claim for compensation by the vacation guest.
4. Should Freizeitpark Wisseler See GmbH have a claim for damages against the holidaymaker in the event of withdrawal in accordance with No. 2 above, Freizeitpark Wisseler See GmbH may make a lump-sum claim. Clause § 4 no. 3 sentences 3 to 6 apply accordingly in this case
Provision, handover and return of the rental object
1. The vacation guest does not acquire any claim to the provision of a specific rental property unless this has been expressly agreed.
2. A booked rental property is available to the vacation guest from 2 pm on the agreed day of arrival. The vacation guest has no claim to earlier provision. If a later arrival time has been expressly agreed or the rental object in question has been prepaid, Freizeitpark Wisseler See GmbH has the right to cancel a booked rental object after 6 pm, without the vacation guest being able to derive any claims against Freizeitpark Wisseler See GmbH. An obligation to allocate otherwise does not exist.
3. On the agreed day of departure, the rental property must be vacated and made available to Freizeitpark Wisseler See GmbH by 10 am. at the latest. After this time Freizeitpark Wisseler See GmbH may be held liable for the late vacating of the rented property for its failure to comply with the contract. Usage until 6 pm 50% of the full list price will be charged, from 6 pm at least 90%. Contractual claims of the vacation guest are not justified by this. He is free to prove that Freizeitpark Wisseler See GmbH has no or a significantly lower claim for usage fees.
Liability of Freizeitpark Wisseler See GmbH
1. Freizeitpark Wisseler See GmbH is liable for all damages for which it is responsible arising from injury to life, body or health. Furthermore, Freizeitpark Wisseler See GmbH is liable for any other damages caused by intentional or grossly negligent obligations of Freizeitpark Wisseler See GmbH, and damages resulting from intentional or negligent breach of obligations typical of the contract by Freizeitpark Wisseler See GmbH. Typical contractual obligations are those obligations that proper execution of the contract and on whose fulfillment the vacation guest trusts and may trust. A breach of duty by Freizeitpark Wisseler See GmbH is equivalent to that of a legal representative or vicarious agent. Further Claims for damages are excluded, unless otherwise regulated in this clause. Should disruptions or defects occur in the services of Freizeitpark Wisseler See GmbH, the latter will endeavor to remedy the situation as soon as they become known or upon immediate notification of the vacation guest. The vacation guest is obliged to make a reasonable contribution to remedy the disruption and to pay a small amount for any damage. In all other respects the vacation guest is obliged to inform Freizeitpark Wisseler See GmbH in good time of the possibility of exceptionally high damages.
2. Freizeitpark Wisseler See GmbH is liable to the holidaymaker for items brought in only in cases of intent and gross negligence.
3. Any items left behind by the holidaymaker will only be forwarded at the request, risk and expense of the holidaymaker. The Freizeitpark Wisseler See GmbH will keep the belongings for three months Afterwards they will be handed over to the local lost and found office, if there is a recognizable value. If the lost and found office is not prepared to take over the items, they will be stored for a further nine months and then either recycled or destroyed. For the liability of Freizeitpark Wisseler See GmbH the above No. 1 sentences 1 to 5 apply accordingly.
1. Changes and amendments to these provisions must be made in writing. This also applies to the cancellation or amendment of this written form requirement. Unilateral changes or additions by the vacation guest are invalid.
2. Place of performance and payment is Kleve.
3. German law applies.
4. Should any part of these provisions be void or contestable, the validity of the remaining provisions shall not be affected. In the place of the legally invalid part, it is then agreed that the legally valid part shall be replaced by that which comes closest to what Freizeitpark Wisseler See GmbH would have determined if it had been aware of the invalidity. The same shall apply in the event that these provisions contain a loophole.