General terms and conditionsFerienpark Usedom GmbH · Am Steinberg 1-10 · D-17459 Koserow
HRB 7057 · Amtsgericht Stralsund · USt./Id Nr. DE 250792501 ·
Managing directors: Walter Gibas, Dr. Bernd Ruppert
- These terms and conditions apply to contracts relating to the rental of holiday apartments for accommodation purposes, and also to all other services and deliverables provided to customers by Ferienpark Usedom GmbH.
- Prior written authorisation from Ferienpark Usedom GmbH is required for any subletting of the holiday apartments provided and also if the apartments are to be used for anything other than accommodation purposes.
- Terms and conditions from the customer are only applicable if this has been specifically agreed in writing in advance.
Conclusion of the contract, contractual partners, liability; limitation period
- The contract comes into effect when the customer’s booking request is accepted by Ferienpark Usedom GmbH. The company may confirm the holiday apartment booking in writing.
- The contractual partners are Ferienpark Usedom GmbH and the customer. If a third party makes the reservation for the customer, this third party is jointly and severally liable together with the customer for any obligations under the contract for renting out the holiday accommodation, provided an appropriate declaration has been made to Ferienpark Usedom GmbH by the third party.
- All claims against Ferienpark Usedom GmbH are strictly limited to one year from the start of the standard period of limitation as set out in Section 199 para. 1 of the BGB [Bürgerliches Gesetzbuch: German Civil Code] subject to the necessary awareness of the complaint. Claims for damages lapse after five years, regardless of any awareness of the relevant complaint. The curtailment of the statute of limitations does not apply to claims involving an intentional or grossly negligent breach of duty on behalf of Ferienpark Usedom GmbH.
Services, prices, payment, offsetting
- Ferienpark Usedom GmbH is obliged to have the rooms booked by the customer ready and to provide the services agreed.
- The customer is obliged to pay Ferienpark Usedom GmbH the applicable or agreed price for rental of the accommodation and any other services which have been enjoyed. This also applies to any services or expenditure directed at third parties by Ferienpark Usedom GmbH where this was instigated by the customer.
- Prices can be altered by Ferienpark Usedom GmbH, if the customer subsequently requests a change to the number of rooms reserved, or to the services required from the company, or to the duration of the stay, provided the company agrees to these changes.
- Invoices without a due date from Ferienpark Usedom GmbH are payable in full within 10 days of receiving the bill. Ferienpark Usedom GmbH is entitled to declare accumulated debts as due and to demand immediate payment at any time. If payment is late, Ferienpark Usedom GmbH is entitled to claim interest of 5% above the applicable base interest rate in accordance with Section 1 of the Discount Rate Transition Act [Diskontsatz-Überleitungs-Gesetz] or the relevant successor interest rate from the European Central Bank. The customer retains the right to demonstrate a lower amount of damages and Ferienpark Usedom GmbH retains the right to demonstrate a higher amount.
- Once the contract is put in place or following this agreement, Ferienpark Usedom GmbH is entitled to demand a reasonable advance payment or deposit, taking into account the legal provisions for package holidays. The sum for this advance payment and the payment deadline can be agreed in writing in the contract.
- The customer can only offset or reduce a payment demand from the company if there is an undisputed or legally binding claim regarding this demand.
Withdrawal from the contract by the customer (cancellation, annulment)
- Withdrawal by the customer from the contract agreed with Ferienpark Usedom GmbH requires written approval from the company. If this is not forthcoming, the price agreed in the contract must be paid, even if the customer does not avail themselves of the contractual services. This does not apply in cases where Ferienpark Usedom GmbH defaults on performing the services, or if it is impossible to render these services for reasons that are within their control.
- If a date to withdraw from the contract is agreed in writing between Ferienpark Usedom GmbH and the customer, the customer can withdraw from the contract by this date without triggering any claims for payment or damages from the company. The customer’s right to withdrawal expires, if the customer fails to exercise that right by contacting Ferienpark Usedom GmbH in writing, unless the case involves a performance default by the company or if it is impossible to perform the service for reasons within their control.
- For holiday accommodation which is not used by the customer, Ferienpark Usedom GmbH must take into account any revenue from renting the rooms to other parties and also any savings in expenditure.
- Ferienpark Usedom GmbH is entitled to calculate a fixed sum for the losses owing to the company which are to be compensated by the customer. The customer is then obliged to pay 90% of the contractually agreed price for the overnight accommodation with or without breakfast, 70% for half board and 60% for full board arrangements. The customer is free to demonstrate that no losses have ensued or that the losses incurred by the company are lower than the lump sum being demanded.
Withdrawal from the contract by Ferienpark Usedom GmbH
- If it is agreed in writing that the customer may withdraw from the contract within a particular period, Ferienpark Usedom GmbH is also entitled on their part to withdraw from the contract, if booking requests are received from other customers relating to the contractually reserved holiday accommodation and if the customer does not waive his/her right to cancellation on request from the company.
- If the agreed advance payment is not paid even after a reasonable extension period set by Ferienpark Usedom GmbH has elapsed, the company is likewise entitled to withdraw from the contract.
- In addition, Ferienpark Usedom GmbH is entitled to extraordinary termination of the contract where there are objectively justified reasons, for instance, in the event of
- a force majeure or other circumstances beyond the company’s control which make it impossible to fulfil the contract;
- holiday accommodation being booked by supplying significant misleading or incorrect information, e.g. in terms of the customer’s personal details or the purpose of the booking;
- Ferienpark Usedom GmbH having justified grounds to suspect that the use of its services could endanger the smooth running of its business operations or the security or appearance of the holiday park in public, unless this is within Ferienpark Usedom GmbH’s area of control and organisation;
- a violation against the aforementioned scope of the contract Section 2.
- Ferienpark Usedom GmbH must inform the customer immediately if they exercise their right to withdraw from the contract.
- Where there is a justified withdrawal from the contract by Ferienpark Usedom GmbH, no customer claims for compensation arise from this action.
Provision of the holiday accommodation, handover and return
- The customer is not entitled to demand provision of specific holiday apartments.
- The booked holiday accommodation is available to the customer from 3 pm on the agreed arrival date. The customer is not entitled to access the accommodation any earlier than this time.
- On the agreed departure date, Ferienpark Usedom GmbH accommodation must be vacated by no later than 10 am. After this time, the company may demand compensation for extended use of the rooms at a rate of 50% of the full accommodation price (list price) up to 6pm that day and 100% of that price after 6 pm. This is no justification for contractual claims on the part of the customer. The customer is entitled to demonstrate to Ferienpark Usedom GmbH that no losses arose, or that any loss incurred was significantly lower.
Liability on the part of Ferienpark Usedom GmbH
- Ferienpark Usedom GmbH exercises reasonable diligence as would be expected in this commercial sector. This liability is not a typical part of its services, but is restricted to deficiencies in performance, damages, consequential losses or failings which can be ascribed to intentional acts or gross negligence on the part of the company. If there are disruptions or defects in terms of the company’s services, Ferienpark Usedom GmbH will seek to remedy these immediately once it is made aware of the issue or where there is a complaint from the customer. The customer undertakes to make a reasonable contribution to resolving the problem and to keep any possible damage to a minimum.
- For items brought by the guest, Ferienpark Usedom GmbH is liable in accordance with the statutory provisions; that is up to one hundred times the rental price for the holiday accommodation, up to 3,500.00 Euros, and for money and valuable objects up to 800.00 Euros. Money and valuable objects worth up to a maximum of 3,500.00 Euros can be stored in the apartment safe. Ferienpark Usedom GmbH recommends that guests make use of this facility. Liability claims cease to be applicable, if the customer fails to notify Ferienpark Usedom GmbH immediately once the loss, destruction or damage is known (Section 703 of the BGB [Bürgerliches Gesetzbuch: German Civil Code]).
- The statutory provisions apply in terms of the company’s unlimited liability.
- If the customer is provided with a parking space within the holiday site parking facilities, this does not result in any form of safe custody agreement, even if the parking is subject to a fee. Ferienpark Usedom GmbH is not liable for any loss or damage to vehicles parked or manoeuvred on holiday park property or for the contents of any such vehicles, unless this results from intentional activity or gross negligence. This provision also applies to the company’s vicarious agents.
- Wake-up services will be performed with the greatest care by Ferienpark Usedom GmbH. Claims for damages are excluded, except where there is gross negligence or intent.
- Messages, post and consignments for guests will be handled with the greatest care. The company will take on delivery, storage and, on request, will forward items for a fee. Claims for damages are excluded unless there is gross negligence or intent.
- Any modifications or additions to the contract, to the booking acceptance or to these terms and conditions for the rental of holiday accommodation must be made in writing. Unilateral modifications or additions by the customer are not valid.
- The place of fulfilment and payment is the company’s registered office.
- The company’s registered office serves as the exclusive place of jurisdiction for commercial matters (including for disputes involving cheques and bills of exchange). If a contractual partner meets the condition defined in Section 38 paragraph 1 of the ZPO [Zivilprozessordnung: German Code of Civil Procedure] and has no general place of jurisdiction in Germany, then the company’s registered head office serves as the place of jurisdiction.
- German law is applicable.
- If individual provisions in these general terms and conditions for the rental of holiday accommodation prove to be ineffective or are void or become so in future, this has no impact on the validity of the remaining provisions. Statutory provisions shall also apply.