General Terms and Conditions of Ferienanlage Schwennauhof GmbH & Co. KG
1 General Provisions
1.1 The subject of these General Terms and Conditions (“GTC”) includes all contracts concluded with a guest, organiser or other contractual partner (“Customer”). These GTC also apply to any and all services we provide to the Customer.
1.2 These General Terms and Conditions apply exclusively to the contracts concluded with us and to the services we provide. We hereby reject any conflicting, contradictory and/or additional general terms and conditions of the Customer; they shall not apply unless we have expressly agreed to them in writing.
1.3 These GTC shall apply to all current and future contracts and services. This also applies if we do not explicitly inform the customer again about the use and application of these GTC.
2 Conclusion of Contract, Transfer, Use
2.1 Our offers, announcements, messages, notifications, etc. only serve as an invitation to the customer to make a booking (invitatio ad offerendum). The contract shall only come into effect if we accept or confirm the booking in writing, verbally or in any other form (for example in text form or by fulfilment).
2.2 The Customer must be at least 18 years of age on the date of booking and in the case of youth group travel, must be at least 21 years of age.
2.3 The contractually agreed-on arrival and departure dates and times are binding. Unless otherwise agreed on, the rental unit that is the subject of the contract (“House”) shall be made available starting at 3:00 pm on the day of arrival. The House must be vacated no later than by 11:00 am on the day of departure. After that time, we shall be entitled to charge, in addition to claims for other damages incurred, 25% of the daily rate for the additional extended use of the house until 3:00 pm, 80% of the daily rate after 3:00 pm, and 100% of the daily rate if the House is not vacated by 5:00 pm.
2.4 The house may only be used for holiday purposes. Subletting or subleasing is prohibited. Any stated size of the House refers to its outer wall dimensions. Unless expressly agreed on otherwise, the House may only be inhabited by the number of persons specified in the catalogue and/or on the Internet. This also applies to children, regardless of their age.
2.5 If the House is inhabited by more persons than permitted, we may, without advance notice, demand that all additional persons leave the House and/or property. If this demand is not met within 12 hours, we shall be entitled to terminate the rental contract with immediate effect and, without further notice, shall be entitled to demand that all persons leave the property. In this case, the rental price shall not be refunded.
2.6 The erection or set up of tents, trailers, caravans and the like is not allowed on the property. We may demand their immediate removal. If this demand is not immediately met, we shall be entitled to terminate the rental contract with immediate effect and, without further notice, shall be entitled to demand that all persons leave the property. In this case, the rental price shall not be refunded. The customer has the right to prove that the damage we incurred is less than the amount retained.
2.7 Pets are allowed only in those houses for which we have made an explicit agreement with the Customer in that regard, also see also our information in the catalogue or on the Internet; otherwise, pets are not allowed. We cannot assure that pets have not been kept in the House at any time, or that pets are not kept in other houses and/or on the property, and shall not be held liable in that respect. We assume no responsibility for any allergic reactions the customer may suffer.
2.8 The Customer may be exposed to unexpected noise, even in holiday areas, caused by construction work, traffic or the like. We cannot be held responsible for noise.
3 Rates and Terms of Payment
3.1 All prices are stated in EURO per house, per day, unless otherwise indicated as an exception. The booking is immediately binding, regardless of which method is used to book it. If we accept the booking, we will send the Customer a confirmation and the rental price will be due in one or more instalment payments according to the following terms and conditions.
3.2 Terms of Payment:
For bookings (conclusion of contract) made more than 56 calendar days (“days”) prior to the arrival date:
- a. 1st instalment (25%), payment due 8 days after receipt of booking;
- b. 2nd instalment (75%), payment due 42 days prior to the start date of the rental period;
for bookings made 55-42 days prior to the arrival date: full rental price (100%), payment due 3 days after receipt of booking;
for bookings made 41-00 days prior to the arrival date: full rental price (100%), payment due immediately upon receipt of booking. In this case, the payment must be made directly by credit card or – provided it is possible and offered – by direct debit or SEPA direct debit authorisation.
3.3 If the payment periods are not complied with, the non-compliance shall be deemed to be non-fulfilment (non-payment), and we may terminate the existing rental contract without notice. However, we will attempt to inform the customer before we terminate the contract. A termination of the rental contract for this reason does not release the customer from his/her payment obligation. Section 4 shall apply mutatis mutandis.
3.4 Payment Method:
In the case of payment by direct debit – provided it is possible and offered – we will debit the first and, if applicable, the second instalment on their respective due dates. Likewise, the SEPA direct debit – provided it is possible and offered – shall also be debited on or after the due date(s). If the due date is not a banking business day, the transaction will take place on the next banking business day.
If the customer uses a credit card for the payment without physically presenting it in person (for example, bookings made via telephone, online, etc.), he/she is not entitled to instruct his/her credit card institution to revoke this charge vis-à-vis us.
3.5 Rates and Prices:
The prices stated in our catalogue or on our website are the final prices and include any fixed, mandatory additional fees and costs. On site usage-based costs may be added, if applicable. Expenses for additional services, e.g. procurement of visas, reservations and inquiries made by telegram or telephone shall be borne solely by you and, if applicable, will be billed by us on a time and material basis.
Unless stated otherwise in the catalogue, on the Internet and/or in the price list, the rental price comprises the price, including the final cleaning, water and electricity consumption, as well as use of heating. We will charge you separately for any telephone costs incurred.
In the event of price increases, tax increases, levies, duties etc., which occur up to 21 days before the start of the rental period, we may increase the rental price proportionally by up to 5%. This does not entitle the Customer to cancel the contract.
3.7 The Customer is only entitled and permitted to offset with counterclaims or assert a right of retention on his/her part if the claims asserted by the Customer are undisputed and due or legally established as final and absolute and due.
4 Substitutions, Cancellations, Changes and Rebookings, No-shows
4.1 Cancellations must at least be made in writing or text form in order to be effective. The cancellation shall take effect starting on the date we receive it.
4.2 The following fees shall be charged in the case of a cancellation, whereby the Customer has the right to prove that the damage we incurred is less than the amount or that we did not incur any damage:
a. up to 90 days prior to the start of the rental period: 25% of the total rental amount;
b. 89 to 60 days prior to the start of the rental period: 50% of the total rental amount;
c. 59 to 30 days prior to the start of the rental period: 75% of the total rental amount;
d. 29 days or less prior to the start of the rental period: 100% of the total rental amount.
4.3 If we do not receive a cancellation in the proper required form, 100% of the total rental amount will be forfeited, even if the rented House is not re-rented or occupied. However, the customer has the right to prove that the damage we incurred is less than the amount or that we did not incur any damage
4.4 If we are able to otherwise rent the House at the full rate, the fees listed in Section 4.2 will be reduced to 25% of the total rental amount, but no less than EUR 50.00. If the House cannot be rented out at the full price, the fees listed in Section 4.2 shall apply to the full extent.
4.5 If the Customer cancelling the rental can find another tenant to rent the House in lieu of him/her for the same period and at the same price, we shall accept that change in return for payment of a EUR 50.00 fee. The notification of the intended change must at least be made in writing or text form.
4.6 Any rebooking, insofar as it does not meet the conditions listed in Section 4.5, shall be deemed a cancellation (with the consequences described above) with a subsequent new booking.
5 Damage, Complaints, Final Cleaning
5.1 The Customer is responsible for treating the House with care and returning it in the same condition it was at the start of the rental period. Exceptions to this are ordinary wear and tear. The Customer shall be held responsible for damages to the House and/or its contents (“inventory”) that occur during the stay – regardless of whether such damage is caused by himself/herself or by others whom he/she has allowed access to the House. If the customer is responsible for minor damages or loss of inventory, we will assume the responsibility for such damage as a gesture of goodwill up to a total amount of EUR 50.00 per rental period, provided the Customer signs the damage form, which is available in the House or can be obtained at the reception desk.
5.2 Any damage to the House and/or the inventory that occurs during the stay must be reported to us immediately. Complaints arising from damage caused during the rental period will be asserted within one month after expiry of the rental period, provided that the damage has been reported or can be detected with ordinary observation, unless the Customer has acted negligently.
5.3 The House is handed over to the Customer in a damage-free condition. If, upon arrival, the Customer determines that the House has not been properly cleaned or becomes aware of any damage or defects in the House, he/she is obligated to immediately report this; otherwise he/she shall lose the right to make a claim with regard to the damage or defect(s). Complaints related to cleaning must be made immediately. Complaints related to damage or defects must be made as soon as possible, but no later than 24 hours after the start of the rental period or when the Customer became aware of the defect or damage. The Customer is obligated not to add to or exacerbate the damage, defect or problem. In the event of a complaint, the Customer is obligated to grant us a reasonable period for remedying or repairing the defect or damage. In the case of damage or defect, if the Customer vacates the premises before the end of the rental period without prior consultation with us, it shall be at his/her own expense and at his/her own risk. At the same time, the Customer waives any existing right to terminate the contract due to the damage or defect and/or to assert any further rights, in particular to assert claims for a price reduction or compensation. Since in that case, the Customer has prevented us from remedying or repairing the damage or defect and has impeded a possible relocation to a substitute rental unit. In the event of a complaint, we are entitled, at our sole discretion, to decide to accommodate the Customer in a substitute rental unit of similar quality or to compensate the Customer in another way. If, from the Customer's standpoint, a complaint is not satisfactorily resolved during the rental period, he/she must notify us in writing that further action is requested and must submit said notification by no later than 14 days after the end of the rental period.
5.4 The Customer is obligated to leave the holiday House and premises in a neat and tidy condition. Always leave the House in the same condition as you would like to find it in. The final cleaning is included in the rental price. However, the Customer is responsible for washing the dishes, cleaning out the refrigerator, basic cleaning of the stove, oven and outside barbecue grill, as well as for tidying up the inside and outside of the House.
6 Liability, Force Majeure
6.1 Claims for damages on the part of the customer – irrespective of the legal ground – are excluded, unless they are due to
- a) culpable injury to life, limb, body or health,
- b)intentional or gross negligence, or
- c) violation of essential contractual obligations (“cardinal obligations”)
caused by us, our legal representatives, employees or vicarious agents, or are based on the requirements and regulations specified in the German Product Liability Act (Produkthaftungsgesetz).
6.2 To the extent that our liability is excluded or restricted, this shall also apply to the personal liability of our legal representatives, our employees and vicarious agents. Insofar as we are liable for the violation of cardinal obligations, our liability is limited to the foreseeable damage that is typical of the contract. We are not liable for indirect damages and consequential damages.
6.3 The statutory provisions of Section 701 et seq. of the German Civil Code (BGB) shall apply to any items brought in by the Customer. We do not provide insurance coverage for items brought in by the Customer. Vehicles parked on the property, even if charged for parking, do not constitute a contract of safe custody. We shall not be held liable in the event of damage or loss of parked vehicles parked on the property and their contents.
6.4 Any and all claims asserted by the Customer vis-à-vis us that arise from or in connection with the rental contract shall expire after one year, beginning at the end of the year in which the claim originated and the Customer had acquired knowledge of the circumstances substantiating his/her claim or must have acquired such knowledge without gross negligence.
6.5 If the execution of the rental contract is not possible or is significantly impeded due to force majeure such as war, natural and environmental disasters, drought, other unusual weather conditions, epidemics, border closures, traffic conditions, strikes, lockouts or similar serious events which were not foreseeable at the time of booking, we are entitled to cancel the booking; we cannot be held responsible for incidents of the aforementioned kind. In the case of force majeure, we are entitled to receive reimbursement of all unforeseen costs incurred, including the booking expenses incurred in connection with the cancellation, from the customer.
7 Other Provisions
7.1 The place of performance and payment for both parties is Glücksburg, Germany.
7.2 With the exception of private end consumers, Glücksburg, Germany, shall be the exclusive court of jurisdiction for all claims arising from or as a result of the rental contract.
7.3 The law of the Federal Republic of Germany shall apply. Application of the United Nations Convention on Contracts for the International Sale of Goods and the conflict of laws principle is excluded.
7.4 If one provision in these General Terms and Conditions or a provision in any other agreement is or becomes invalid or ineffective, the validity and effectiveness of all other provisions or agreements shall remain unaffected.