1.1 Upstalsboom Hotel + Freizeit GmbH & Co KG (hereinafter referred to as "Upstalsboom") operates a portal on the website www.upstalsboom.de (hereinafter referred to as the "Website") for the booking of services of the hotels presented there. These General Terms and Conditions apply to all contracts concluded by Upstalsboom via the Website for the provision of hotel rooms for accommodation to guests and other related hotel services.
1.2 Upstalsboom acts exclusively as an intermediary and is neither a tour operator within the meaning of §§ 651a ff. of the German Civil Code (BGB) nor does it itself provide accommodation services and/or other related additional services.
By booking via the Upstalsboom website, a contract for the selected service(s) is concluded exclusively between the guest and the selected hotel.
1. 3 Pre-formulated terms and conditions of the guest which deviate from, supplement or contradict these General Terms and Conditions do not become part of the contract, even if Upstalsboom is aware of them, unless Upstalsboom expressly agrees to their validity.
1.4 The contract language is German.
2.1 The selection of hotel services presented on the Upstalsboom website does not constitute a binding contractual offer, but merely an invitation to the guest to submit an offer. The parties to the agency contract are Upstalsboom and the guest. By completing and submitting the booking form on the website and activating the "Book for a fee" button, the guest authorises Upstalsboom to conclude the contract with the selected hotel under the conditions shown in the booking process.
2.2 The guest is requested to complete the booking form carefully. The guest can correct or delete incorrect information using the "Back" function of the browser or the usual PC and browser functions. Incorrect
details, e.g. incorrect name and/or e-mail address, can lead to errors in the contract with the hotel, for which the guest is then responsible.
2.3 After submitting the booking form, the guest automatically receives a confirmation by e-mail. The booking confirmation contains the text of the contract together with the applicable Upstalsboom GTC.
2.4 The text of the contract is stored by Upstalsboom for a limited period after conclusion of the contract, but for security reasons can no longer be accessed by the guest via the Internet after the process has been completed on the website. The guest is therefore required to ensure that the text of the contract is saved, for example by printing out the electronic contract confirmation. The contract text will be deleted or blocked for further use after the contract has been fully processed, unless this is contrary to tax or commercial law regulations or overriding legitimate interests on the part of Upstalsboom.
2.5 Upstalsboom reserves the right, for the protection of other guests, employees and the guest himself, to refuse to conclude the contract if the guest or fellow travellers are travelling from an area in which Upstalsboom is located. Upstalsboom reserves the right to refuse to conclude the contract if the guest or fellow travellers wish to enter from an area that has been classified as a risk area for infectious diseases by the Foreign Office of the Federal Republic of Germany or the Robert Koch Institute (RKI) or the World Health Organization (WHO) in a period of fourteen days or more before the planned day of arrival and, according to the assessment of the RKI or the WHO, a person-to-person infection is possible.
2.6 When using the Upstalsboom website for communication or booking, the guest sometimes receives e-mails that are sent automatically. The guest is requested to ensure that the receipt of e-mails is technically ensured and in particular not prevented by SPAM filters.
2.7 If the guest uses websites operated by third parties to book hotel services, please refer to the information provided by the respective website operator for details such as the conclusion of the contract in the third-party services, the correction options there and the storage of the contract text; the information provided by the third party may deviate from these GTC.
3.1 The rental of conference, banqueting and event rooms of Upstalsboom hotels for the organisation of events (e.g. banquets, seminars, conferences, etc.) must be requested directly from the respective hotel. If interested, Upstalsboom will be happy to provide the guest with the relevant contact details and further information.
3.2 When concluding a corresponding contract for the temporary hire of function rooms, the guest is requested to observe the relevant General Terms and Conditions of the hotel. These contain important information, including the scope of permitted use of the function rooms and the cancellation conditions.
4.1 The rooms arranged by Upstalsboom are intended exclusively for accommodation purposes. Subletting or re-letting or the use of the rooms provided by third parties free of charge is not permitted unless this has been expressly authorised by the respective hotel.
4.2 The guest is not entitled to the use of certain rooms unless this has been separately and expressly agreed with the respective hotel. If rooms are not available in the selected hotel, Upstalsboom will provide the guest with an equivalent room in an Upstalsboom hotel or in a nearby hotel of the same category. If the guest refuses the offer of a replacement room, Upstalsboom will immediately refund any services already rendered by the guest.
4.3 In the case of group travel or group bookings (i.e. bookings of 10 rooms or more), the hotels arranged by Upstalsboom grant the guest the following discount - subject to deviating individual agreements with the respective hotel:
4.3.1 from 21 full-paying persons: half a double room free,
4.3.2 from 30 full-paying persons: one double room free.
4.4 Booked rooms are available to guests from 4 p.m. on the day of arrival and until 10 a.m. on the day of departure, unless otherwise agreed with the respective hotel
.
4.5 Internet access or WLAN is available to the guest in designated hotels. Upstalsboom passes on existing information from the hotel in this regard (e.g. on chargeable/free of charge) to the guest with the care of a prudent businessman. The guest is requested to take into account that the corresponding facilities in the hotels are not designed for intensive or business use unless otherwise agreed in at least text form. In particular, access by many guests at certain times can lead to an overall reduction in transmission quality. When using the Internet access, the guest shall observe the hotel's instructions. In particular, the guest undertakes not to use the hotel's internet access for
4.5.1 the dissemination or receipt of criminal or illegal content or references to such content;
4.5.2 unlawful contacting or unsolicited sending of messages (e.g. distribution of SPAM);
4.5.3 the use of peer-to-peer networks ("file-sharing networks");
4.5.4 the infringement of national or international copyright, trademark, patent, name and labelling rights as well as other industrial property rights and personal rights;
4.5.5 the intrusion into third-party data networks, data storage or end devices ("hacking");
4.5.6 the use of equipment or the execution of applications that lead or may lead to disruptions/changes in the functionality or structure of the Internet access provided.
5.1 All prices shown on the website are inclusive of the applicable statutory VAT and other price components, including in particular any applicable culture tax ("accommodation tax"). Local tourist taxes are not included in the prices shown. These are to be paid locally by the guest and, if applicable, their fellow travellers to the responsible authorities at the customary local rates.
5.2 The travel price is due and payable upon provision of the service, at the latest on the day of departure. The guest can pay the invoice amount on site at the hotel. Please note that non-cash means of payment such as credit cards can only be used with restrictions in some hotels.
5.3 In deviation from 5.2, 50% of the total amount for group bookings (10 or more full-paying guests) is due for payment 10 days prior to arrival due to the increased scheduling effort. The remaining 50% is due and payable on the day of departure. Sentences 1 and 2 apply unless otherwise agreed with the respective hotel. An advance invoice will be sent to the guest on request.
6.1 In the event of cancellation of a completed booking, the guest must cancel the booking via the website www.upstalsboom.de or by email, fax or telephone. The exact cancellation conditions can be found during the booking process and will be displayed to the guest again on the final booking overview before the booking is sent.
6.2 If the guest cancels the booked stay, the respective hotel is entitled to reallocate the unused room. The hotel may choose to charge the guest a cancellation fee instead of a specific amount of compensation. Unless otherwise agreed in individual cases, the hotel shall generally charge the guest the room rate less the cancellation fee for services saved:
6.2.1 20% for overnight stays with or without breakfast
6.2.2 30% for overnight stays with half board
6.2.3 40% for overnight stays with full board
6.3 In the event of cancellation of group bookings, the hotel shall charge the guest the following flat-rate cancellation fees in deviation from 6.1, unless otherwise agreed in individual cases: A group booking is deemed to exist if 10 rooms or more are reserved.
6.3.1 Cancellation up to 8 weeks before arrival: free of charge
6.3.2 Cancellation from the beginning of the 8th to the beginning of the 4th week before arrival: 35% of the room rate
6.3.3 Cancellation from the 4th week to the beginning of the 2nd week before arrival: 50% of the room price
6.3.4 Cancellation less than 2 weeks before arrival: 80% of the room price
6.3.5 Cancellation from 24 hours before arrival or in the event of no-show: 95% of the room price.
6.4 The hotels reserve the right to charge the guest a processing fee of 25.00 euros incl. VAT in the event of cancellation or no-show. For the cancellation or no-show of group bookings (10 rooms or more), the guest may be charged a processing fee of EUR 100.00 incl. VAT by the respective hotel.
6.5 The deduction of saved expenses is taken into account in the above regulations. The guest is free to prove that the respective hotel has not incurred the claims mentioned in 6.1 to 6.3 or not in the amount asserted.
6.6 We recommend that guests take out adequate insurance cover (e.g. for travel cancellation costs).
7.1 If it has been agreed that the guest can cancel the contract free of charge within a certain period, the hotel is entitled to cancel the contract during this period if there are enquiries from other customers for the contractually booked rooms and the guest does not waive his right of cancellation upon enquiry by the hotel with a reasonable deadline. This applies accordingly if an option is granted, if other enquiries are received and the guest is not prepared to make a firm booking upon enquiry by the hotel within a reasonable period of time.
7.2 If an agreed or requested advance payment or security deposit is not made even after a reasonable grace period set by the hotel has expired, the hotel is also entitled to withdraw from the contract.
7.3 Furthermore, the hotel is entitled to extraordinary cancellation of the contract for objectively justified reasons,
in particular if
7.4 The justified cancellation of the hotel does not constitute a claim for damages on the part of the guest
8.1 The guest is advised that Upstalsboom is not authorised or obliged to accept complaints regarding the services of the individual hotels. Defects must always be reported to the respective hotel.
8.2 Upstalsboom is liable under the agency contract in accordance with the statutory provisions.
9. 1 The legal relationship between Upstalsboom and the guest as well as these General Terms and Conditions are governed by German law. The application of German international private law is excluded.
9.2 The provisions of No. 9.1 shall not affect mandatory provisions of the law of the country in which the guest has his habitual residence if and insofar as the guest has concluded a contract that cannot be attributed to the guest's professional or commercial activity (consumer contract) and if the guest has performed the legal acts necessary for the conclusion of the contract in the country of his habitual residence.
9.3 If the guest is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this agency contract is Emden. The same shall apply if the guest does not have a general place of jurisdiction in Germany or if his place of residence or habitual abode is unknown at the time the action is filed.
1.1 These General Terms and Conditions (GTC) apply to all contracts for the purchase of vouchers from the hotel (the hotel's contact details can be found in the header or footer).
1.2 The GTC in all sections and the cancellation policy are based on the following definitions:
1. 3 Pre-formulated terms and conditions of the customer which deviate from, supplement or contradict these GTC shall not become part of the contract unless the hotel expressly agrees to their validity in writing.
1.4 Separate terms and conditions may apply to hotel accommodation contracts or the hire of function rooms.
2.1 The contracting parties are the customer and the hotel. The hotel reserves the right to confirm an order enquiry made by the customer by telephone in text form (e.g. by email).
2.2 If it is not the customer himself but a third party who has ordered the voucher, the third party is obliged to forward all relevant information from the hotel, in particular the GTC, the cancellation policy and the sample cancellation form, to the customer immediately upon receipt.
2.3 If the voucher is sent to the customer as a file attachment to an email in PDF format, the customer requires a reader to open and print the voucher. The customer can download a free PDF reader from the Internet (e.g. at get.adobe.com/en/reader/).
2.4 The hotel endeavours to settle any differences of opinion arising from consumer contract relationships in an amicable manner. In the event of any complaints, the customer can therefore contact the hotel (the hotel's contact details can be found in the header or footer). The limitation period for any claims is excluded for the duration of these proceedings. If no agreement is reached there, legal action may be taken without prior attempt at mediation by a state-recognised body.
3.1 The selection of vouchers presented by the hotel on the Internet is not a binding contractual offer, but an invitation to the customer to submit a binding offer on the terms and conditions shown there.
3.2 In the online order form, the customer enters the monetary value of the desired voucher, the beneficiary and the personal data required for the processing of the contract (such as name, billing and/or delivery address,
e-mail address). The customer submits a binding offer to conclude a contract by clicking the button at the end of the online order form, which informs the customer of the assumption of a payment obligation.
3.3 The contract is concluded either by the customer receiving a confirmation in text form (e.g. by e-mail) to the e-mail address provided by the customer immediately, but at the latest within one working day of sending the order, which confirms the execution of the order or the delivery of the voucher, or by the customer receiving the voucher directly as a file attachment to an e-mail within one working day of the customer's payment instruction to the e-mail address provided by the customer. The customer is no longer bound to his order after expiry of the aforementioned deadlines. In this case, any services already rendered will be refunded immediately.
3.4 During the order process, the customer can correct or delete his entries using the usual keyboard and mouse navigation (e.g. back function of the browser) until the order is sent.
3.5 The text of the contract is stored by the hotel for a limited period of time and can no longer be accessed via the Internet after the order has been placed for security reasons. Once the contract has been fully processed, the text of the contract will be deleted, unless this conflicts with mandatory retention requirements under tax or commercial law or overriding legitimate interests of the hotel.
3.6 The available contract languages in relation to the hotel are displayed on the hotel's website.
The customer can also submit his order to the hotel on site, by e-mail, by letter, by fax, by telephone or via the electronic contact form on the website. The contract is concluded upon acceptance of the customer's request by the hotel. The hotel is free to confirm the conclusion of the contract to the customer in text form.
5.1 The information on the consumer's statutory right of cancellation in accordance with §§ 312 lit. g, 355 ff. BGB can be found below these GTC.
5.2 If the hotel and the customer conclude a contract in his capacity as a consumer for the delivery of vouchers which are not prefabricated and for the production of which an individual selection or determination by the customer is decisive or which are clearly tailored to the personal needs of the consumer, the customer's right of cancellation is excluded. This also applies to the conclusion of contracts for the provision of services in the areas of accommodation for purposes other than residential purposes, transport of goods, vehicle rental, delivery of food and beverages and the provision of other services in connection with leisure activities if the contract provides for a specific date or period
, although the right of cancellation is not excluded in the case of package travel contracts in accordance with Section 651 lit. a BGB, where the traveller is a consumer and which have been concluded outside of business premises, unless the verbal negotiations on which the conclusion of the contract is based have been conducted at the prior request of the consumer.
6.1 The prices are total prices and include statutory taxes and other price components. Shipping costs are not included in the price, unless free delivery has been agreed. Delivery of vouchers by e-mail is free of charge. The delivery of the vouchers in question or other goods (e.g. by Deutsche Post, DHL) takes place throughout Germany.
6.2 Unless otherwise agreed, delivery shall be made one to five working days/e after receipt of the order confirmation by the customer, or one to three working days/e after the customer's payment instruction if advance payment has been agreed.
6.3 If the customer is a consumer, the law stipulates that the risk of accidental loss and accidental deterioration of the purchased goods in transit to the consumer shall not pass to the customer until the goods are handed over to the customer, irrespective of whether the shipment is insured or "uninsured". This shall not apply if the customer has independently commissioned a transport company not named by the hotel or another person designated to carry out the shipment. If the customer is an entrepreneur, delivery and dispatch shall be at the customer's risk.
6.4 Unless otherwise agreed, the payment claims arising from the concluded contract are due for payment immediately. The means of payment accepted by the hotel for online orders are communicated to the customer on the website. Unless otherwise agreed, the customer shall pay the price plus any shipping costs incurred by bank transfer (advance payment).
6.5 The hotel retains ownership of the goods until the invoice amount has been paid in full.
6.6 In order to ensure that the order process can be completed promptly and in an environmentally friendly manner, the hotel shall send the customer an invoice in electronic form to the e-mail address provided by the customer in the case of online orders, unless the customer expressly requests the transmission of an invoice in paper form instead.
If information from the customer is required to customise the voucher, the customer shall provide the hotel with the appropriate information as part of the order. The hotel does not check the transmitted data, texts, images and other content for accuracy or completeness. The customer is therefore obliged to check the transmitted information for accuracy and completeness before sending it. The customer shall not transmit to the hotel any content that infringes the rights of third parties, such as rights to names, copyrights and trademarks, or violates existing laws. In the event of an infringement, the customer hereby indemnifies the hotel against any claims asserted by third parties in this connection.
8.1 The statutory warranty provisions apply.
8.2 In principle, the statutory limitation periods of the German Civil Code (BGB) apply to the redemption of vouchers (usually three years, starting from the end of the calendar year in which the voucher was purchased), unless a different limitation period has been effectively agreed with the customer (at least in text form) in individual cases
8.3 Performance-related vouchers that the customer has purchased via a password-protected area ("customer account") can be deactivated by the customer in the event of loss in the customer account and any remaining credit can be transferred to a new voucher. Monetary value vouchers are not personalised and can be redeemed by any person. If the holder of the voucher (e.g. the customer or the recipient) is unable to redeem the voucher for reasons for which the hotel is not responsible, it is incumbent on the holder to use the voucher in another way (e.g. by passing it on to another person) in good time before it expires. The customer may not withdraw from the contract without a legal reason for cancellation (e.g. revocation).
8.4 The customer is generally prohibited from reselling the vouchers commercially, unless otherwise agreed in writing in individual cases.
8.5 The customer is requested to contact the hotel in good time before redeeming a service-bound voucher in order to enquire about capacities and to make any necessary appointments (e.g. table reservations, appointments for treatments).
8.6 Vouchers cannot be exchanged; this does not affect the assertion of mandatory statutory provisions such as the warranty and the statutory right of cancellation (see section 5.1). Cash payment or offsetting of vouchers linked to services against other services is not possible. Cash value vouchers and remaining credit balances will not be paid out to the customer in cash.
9.1 The legal relationship between the hotel and the customer shall be governed exclusively by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods. Sentence 1 shall only apply to consumers to the extent that the choice of law does not undermine the protection of mandatory legal provisions of the state in which the consumer has his habitual residence.
9.2 If the customer is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract shall be the registered office of the hotel. If the customer does not have a general place of jurisdiction in Germany or if his place of residence or habitual abode is unknown at the time the action is filed, the place of jurisdiction shall be the hotel's registered office.
9.3 Should individual provisions be wholly or partially invalid or unenforceable, or should they subsequently lose their legal validity or enforceability, this shall not affect the validity of the remaining provisions. The invalid or unenforceable provisions shall be replaced by the statutory provisions.
Consumers are entitled by law to a statutory right of cancellation for contracts concluded for consideration outside of business premises or distance selling contracts, unless this is excluded or has expired in exceptional cases regulated by law (e.g. Section 312 g (2) BGB).
For the definitions of terms, please see section 1 of our General Terms and Conditions.
You have the right to cancel this contract within fourteen days without giving any reason. The cancellation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, took possession of the goods.
To exercise your right of cancellation, you must contact us,
Aquantis Freizeitanlagen GmbH & Co KG
Taddigshörn 200, 26427 Bensersiel
Tel.: 04971-202-0
aquantis@upstalsboom.de
by means of a clear statement (e.g. a letter sent by post, fax or email) of your decision to cancel this contract. You can use the attached sample cancellation form, but this is not mandatory. To meet the cancellation deadline, it is sufficient for you to send your notification of exercising your right of cancellation before the cancellation period has expired.
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees for this return.
We may refuse to refund you until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earliest.
You must return or hand over the goods to us immediately and in any case within fourteen days at the latest from the day on which you inform us of the cancellation of this contract. The deadline is met if you dispatch the goods before the period of fourteen days has expired.
You shall bear the direct costs of returning the goods.
You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking their condition, properties and functionality.
End of the cancellation policy
(If you wish to cancel the contract, please complete and return this form).
To
Aquantis Freizeitanlagen GmbH & Co KG
Taddigshörn 200, 26427 Bensersiel
Tel.: 04971-202-0
aquantis@upstalsboom.de
I/we (*) hereby cancel the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision
of the following service (*)
- Ordered on (*)/received on (*)
- Name of the consumer(s)
- Address of the consumer(s)
- Signature of the consumer(s) (only for notification on paper)
- Date
(*) Delete as appropriate.
1.1 These terms and conditions apply to all contracts of Upstalsboom Hotels for the rental of room allotments and/or function rooms to individual guests and/or groups in connection with the organisation of events (in particular banquets, seminars, conferences, meetings, festivities, etc.) as well as for all other related services and deliveries of the hotels (hereinafter uniformly referred to as "Hotel") to the guest. A group booking is deemed to exist if at least 10 rooms are reserved.
1.2 The subletting or re-letting of the rooms, areas or showcases provided as well as invitations to interviews, sales or similar events require the prior written consent of the hotel.
2.1 The contractual partners are the Upstalsboom Hotel and the guest. The contract is concluded when the guest accepts the offer submitted by the hotel (e.g. by letter, e-mail or fax) within the period specified in the offer. If the hotel accepts the guest's offer, it shall confirm the booking in text form (e.g. fax or e-mail); this shall also apply in the event of a telephone booking by the guest.
2.2 If a third party has booked as a representative for the Guest, he shall be liable to the Hotel together with the Guest as joint and several debtors for all obligations arising from the contract, provided that the Hotel has an express declaration of joint liability from the third party.
2.3 The hotel and guest shall be liable to each other in accordance with the statutory provisions.
2.4 In addition, the hotel shall be liable for its obligations under the contract with the due care of a prudent businessman.
2.5 Within the scope of his statutory duty to minimise damage, the Guest is obliged to do what can reasonably be expected of him to remedy faults and minimise possible damage, and to notify the Hotel immediately of any faults or damage.
3.1 The hotel is obliged to provide the services ordered by the guest and promised by the hotel. In principle, the Guest has no claim to the provision of specific rooms of the Hotel.
3.2 The Guest is obliged to pay the agreed or applicable prices of the Hotel for these and other services utilised. This also applies to contractually agreed services and expenses of the hotel to third parties, in particular also to claims of copyright collecting societies. The agreed prices include the applicable statutory value added tax.
3.3 Hotel invoices without a separate due date are payable in full within 10 days of receipt of the invoice.
3.4 The hotel may at any time demand immediate payment of due claims from the guest. In the event of late payment, the hotel shall charge interest at a rate of 9% above the base rate or, in the case of legal transactions involving a consumer, at a rate of 5% above the base rate. The guest always reserves the right to provide evidence of lower damages.
3.5 The hotel is entitled to demand a reasonable advance payment or security deposit in the form of a credit card guarantee from the guest upon conclusion of the contract; in the case of the conclusion of a contract with a consumer, the advance payment shall not exceed 25% of the agreed total price. The specific amount of the advance payment and the payment dates shall be agreed between the hotel and the contracting party in the contract in text form (e.g. e-mail). In the case of advance payments or security deposits in the context of package holidays, the statutory provisions shall remain unaffected by the above.
3.6 If the guest is in arrears with payment or if the scope of the contract is extended, the hotel is entitled to demand an advance payment or security deposit within the meaning of Clause 3.5 or an increase in the advance payment or security deposit agreed in the contract up to the full agreed remuneration, even after conclusion of the contract up to the beginning of the stay.
4.1 The conclusion of the contract obliges the contracting parties to fulfil the contract. The guest is entitled to withdraw from the contract up to the beginning of the 8th week before the contractually agreed start of the event or arrival date without incurring payment or compensation claims by the hotel, unless a different arrangement has been agreed between the contracting parties, which requires at least text form (e.g. e-mail, fax, letter) to be effective. Cancellation by the guest of the contract concluded with the hotel requires the hotel's consent in text form (e.g. by e-mail or fax). From the beginning of the 8th week before the start of the event or the day of arrival, it is possible to withdraw from the contract concluded with the hotel free of charge if another statutory right of withdrawal or cancellation exists or if the hotel expressly agrees to the cancellation of the contract, at least in text form.
4.2 If a right of cancellation granted by the hotel has already expired, if there is no statutory right of cancellation or termination and if the hotel does not agree to the cancellation of the contract, the hotel shall retain the claim to the agreed remuneration despite the guest's failure to use the service. The hotel must offset the income from other rentals as well as the expenses saved.
4.3 The expenses saved can be calculated as a lump sum as follows:
4.3.1 The cancellation of booked single rooms (which are not part of a group booking and for which no conference flat rate per participating guest applies) is subject to the conditions set out in Upstalsboom's General Terms and Conditions "Hotel Accommodation". These can be viewed on the website at www.upstalsboom.de/agb.html.
4.3.2 If, in deviation from 4.3.1, conference flat rates per participating guest have been agreed, the hotel is entitled to charge 35% in the event of cancellation from the beginning of the 8th to the beginning of the 4th week before the contractually scheduled start of the event, from the beginning of the 4th and up to the beginning of the 2nd week before the contractually scheduled start of the event. In the event of cancellation from the beginning of the 4th week and up to the beginning of the 2nd week before the contractually scheduled start of the event, the Organiser shall be entitled to charge 50% of the conference flat rate x agreed number of participants, from the beginning of the 2nd week before the contractually scheduled start of the event 80% and in the event of cancellation from 24 hours before the contractually scheduled start of the event 95% of the conference flat rate x agreed number of participants. In the case of group bookings, the hotel is entitled to deduct the aforementioned cancellation fees from the room rate in accordance with sentence 1 for cancellations within the periods specified in sentence 1 and to charge the guest.
4.3.3 In the case of room rental, the following applies: If the guest cancels a room rental contract from the beginning of the 8th to the beginning of the 4th week before the contractually scheduled start of the event, the hotel is entitled to charge 35% of the lost food turnover in addition to the agreed room rental price, and 70% of the food turnover in the event of any later cancellation. The calculation of the food turnover is based on the formula: agreed menu price x number of participants. If no price has yet been agreed for the menu, the cheapest 3-course menu of the respective valid event offer shall be used as a basis.
4.3.4 Up to 48 hours before the contractually agreed start of the event or arrival date, the number of participating guests may be reduced by up to 10% of the originally booked number of participants free of charge by cancelling individual persons. Such a reduction must be made in writing to be effective. Changes to the number of participants for a joint meal or for conference packages must be communicated to the hotel at least in text form at least 48 hours before the contractually scheduled start of the event or arrival date, otherwise the originally booked number of covers or conference packages will be charged. For reductions in the number of participants after the specified period or beyond the 10% limit, the above cancellation conditions shall apply.
4.4 The hotel reserves the right to charge the guest a processing fee of 25.00 euros in the event of cancellation or no-show. For the cancellation or no-show of group bookings, the guest may be charged a processing fee of 100.00 euros by the respective hotel.
4.5 The guest is free to prove that the above claims have not arisen or have not arisen in the lump-sum amount demanded. The hotel is at liberty to prove that a higher claim has arisen.
If an agreed advance payment or security deposit is not made even after a grace period has expired, the hotel is entitled to withdraw from the contract.
6.1 The guest must inform the hotel without undue delay of any changes to the confirmed number of participants and/or confirmed event time so that the hotel can make the necessary arrangements.
6.2 Changes to the number of participants by more than 5% or changes to the number of participants that are communicated to the hotel less than 5 working days before the planned start of the event require the hotel's consent, at least in text form. Please refer to the cancellation options in the event of a reduction in the number of participants. Clause 4.3.4.
6.3 A subsequent reduction in the number of participants by the guest by a maximum of 5% will be recognised by the hotel when invoicing. In the event of a subsequent reduction exceeding this, the agreed number of participants less 5% shall be taken as the basis. The guest has the right to reduce the agreed price by the expenses saved due to the low number of participants, which he must prove.
6.4 In the event of an upward deviation in the number of participants, the actual number of participants shall be charged. If the number of participants deviates by more than 10%, the hotel is entitled to redetermine the agreed prices and to exchange the confirmed rooms, unless this is unreasonable for the guest.
6.5 If the agreed start or end times of the event are postponed and the hotel agrees to these deviations, the hotel may charge a reasonable fee for the additional readiness to perform, unless the hotel is at fault.
The guest may not bring food and beverages for general consumption to events at the hotel. Exceptions require an agreement in text form with the hotel. In such cases, a contribution to cover overheads may be charged. Guests are at liberty to provide their own food for medical or similarly urgent reasons. In this case, the hotel asks for appropriate notification.
8.1 Insofar as the hotel procures technical and other equipment from third parties for the guest at the guest's request, it acts in the name of, on behalf of and for the account of the guest. The guest is responsible for the careful handling and proper return of the equipment. The Guest shall indemnify the Hotel against all justified claims of third parties arising from the provision of such equipment.
8.2 The use of the guest's own electrical equipment using the hotel's electricity network requires the hotel's consent in text form. The use is at the guest's own risk. Any malfunctions or damage to the hotel's technical equipment caused by the use of such equipment shall be borne by the guest, unless the hotel is responsible for such malfunctions or damage.
8.3 With the hotel's consent, the guest is authorised to use his own telephone, fax and data transmission equipment. The hotel may charge a connection fee for this. We would like to point out that the guest as the organiser is responsible for the registration and any GEMA fees for the playing of sound carriers, performances by musicians and similar musical performances brought along by the guest.
9. 1 Any decoration material brought into the event must comply with the legal, technical and, in particular, fire safety requirements. The hotel is entitled to demand proof of this. If such proof is not provided, the hotel is entitled to remove any material already brought in at the guest's expense. In order to avoid damage, the installation and attachment of objects must be agreed with the hotel in advance.
9.2 Any exhibits or other items brought into the hotel must be removed immediately after the end of the event. If the Guest fails to do so, the Hotel may remove and store the items at the Guest's expense. If the items remain in the function room, the Hotel may charge a reasonable compensation for use for the duration of their retention. The guest is at liberty to prove that the above-mentioned claim did not arise or did not arise in the amount demanded. This also applies to material supplied in advance by the guest.
10.1 Amendments or additions to the contract, the acceptance of the application or these terms and conditions for events should be made in text form. Unilateral amendments or additions by the guest are invalid.
10.2 The place of fulfilment and payment is the registered office of the respective hotel. If the guest is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract shall be the registered office of the respective hotel. If the customer does not have a general place of jurisdiction in Germany or if his place of residence or habitual abode is unknown at the time the action is filed, the place of jurisdiction shall be the registered office of the respective hotel.
10.3 German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods and the conflict of laws rules of German private international law. The mandatory provisions of the law of the country in which the guest has his habitual residence shall remain unaffected if and insofar as the guest has concluded a contract that cannot be attributed to the guest's professional or commercial activity (consumer contract) and if the guest has performed the legal acts required to conclude the contract in the country of his habitual residence.
10.4 Should individual provisions of these General Terms and Conditions for Events be invalid or void, this shall not affect the validity of the remaining provisions. The same shall apply in the event of an unintended loophole. In all other respects, the statutory provisions shall apply.
Should individual clauses of the above provision be wholly or partially invalid, this shall not affect the validity of the remaining provisions.
(as of 01/07/2018)
If effectively agreed, the tour operator's terms and conditions shall become part of the package travel contract concluded between the customer and the tour operator, unless otherwise agreed in writing (text form is sufficient) in individual cases. They explain and supplement the statutory provisions on the package travel contract from the German Civil Code (§§ 651a-y BGB) and the Introductory Act to the BGB (Art. 250, 252 EGBGB). They apply exclusively.
The tour operator's terms and conditions do not apply if the customer has not booked a package holiday, e.g. due to a statutory exception (Section 651a (4), (5) BGB) or the mere arrangement of a linked travel service (Section 651w BGB). In particular, the tour operator's terms and conditions do not apply to bookings made on the basis of a framework contract for the organisation of business trips with a traveller who is an entrepreneur and concludes the contract for entrepreneurial purposes.
(1) The tour operator is
Hotel Kurhaus Kühlungsborn GmbH & Co. KG
Hohenzollernstr. 53
30161Hanover
Telephone: 04921-89970
E-mail: info@upstalsboom.de
Hereafter referred to as the tour operator.
(2) Before concluding a package travel contract, the tour operator must inform the customer from 1 July 2018 about both the essential details of the package tour and the customer's rights in accordance with EU Directive 2015/2302. The essential information on the package holiday can be found in the general and specific service descriptions of the package holidays (e.g. the detailed descriptions on the website and the booking process) as well as in the tour operator's terms and conditions. In order to inform the customer of their rights in accordance with EU Directive 2015/2302, the prescribed form is available on the website.
(1) The services sold by the tour operator include, in particular, travel packages consisting of hotel accommodation in combination with other tourist services such as the provision of tickets for events. Offers, prices and information on travel services in the catalogue correspond to the status as of [July 2018]. Until receipt of the customer's booking request or booking declaration by the tour operator, changes may still be made for factual reasons, which the tour operator expressly reserves the right to make. The tour operator will inform the customer of such changes in good time before the customer submits his contractual declaration.
(2) The tour operator's offers are based on the tour description and the supplementary information provided by the tour operator for the respective tour, insofar as these are available to the customer at the time of booking. The pre-contractual information provided by the tour operator on the essential characteristics of the travel services, the travel price and all additional costs, the payment modalities, the minimum number of participants and the cancellation fees (in accordance with Article 250 § 3 numbers 1, 3 to 5 and 7 EGBGB) shall only not become part of the package travel contract if this has been expressly agreed between the parties.
(3) Travel services described in an online service offer are not yet legally binding offers.
(4) The customer shall be responsible for all contractual obligations of travellers for whom he makes the booking as for his own, insofar as he has assumed this obligation by express and separate declaration.
(5) The text of the contract is stored by the tour operator for a limited period of time in order to process the package travel contract and can no longer be accessed via the Internet after the booking has been made. The customer is advised to ensure that the booking data and text of the contract are stored permanently. Once the contract has been fully processed, the contract text and booking data will be deleted or blocked for further use, unless the tour operator is subject to mandatory retention obligations under tax or commercial law. Further information on the handling of customer data can be found in the tour operator's privacy policy.
(6) Travel agents (e.g. travel agencies) and service providers (e.g. shipping companies shipping companies, hotels, other accommodation and catering providers, concert organisers, transport companies) are not authorised by the tour operator to enter into agreements, provide information or make assurances whichwhich change the agreed content of the package travel contract, go beyond the contractually agreed services of the tour operator or contradict the travel advertisement or an online service offer. Presentations on the Internet, hotel, location, event and other brochures or information not published by the tour operator are not binding for the tour operator unless they have been made the subject of the tour description or the content of the tour operator's service obligation by express agreement with the customer, which requires at least text form to be effective.
(7) Admission tickets, tickets or other documents required by the customer to attend events (hereinafter: event tickets) will be deposited for the customer either at the event venue (e.g. theatre or concert box office) or at the hotel booked by the customer.
III Information on the statutory right of cancellation
The tour operator points out that according to the statutory provisions (§§ 312 para. 7, 312g para. 2 sentence 1 no. 9 BGB) for package travel contracts in accordance with § 651a and § 651c BGB, which were concluded as a distance selling transaction (this includes in particular the conclusion of the contract by letter, catalogue, telephone, telecopy, e-mail,short messages (SMS), broadcasting, telemedia and online services), there is no right of cancellation, but only the statutory rights of withdrawal and cancellation, in particular the right of withdrawal pursuant to Section 651h BGB. However, there is a right of cancellation if the contract for travel services pursuant to Section 651a BGB has been concluded between a business and a consumer outside of business premises (e.g. coffee trip), unless the verbal negotiations on which the conclusion of the contract is based were conducted at the prior request of the consumer; in the latter case, there is again no right of cancellation.
(2) The fees to be paid by the customer to the tour operator in the event of cancellation and in the event of rebooking (Sections VII and VIII of these GTC) are due immediately.
(3) If the customer does not make the down payment and/or the final payment in accordance with the agreed payment due dates, even though the tour operator is able and willing to provide the contractual services properly, has fulfilled its statutory information obligations and no statutory or contractual obligations exist, the customer is entitled to cancel the contract.and the customer has no statutory or contractual right of retention, the tour operator is entitled to withdraw from the package travel contract after issuing a reminder with a deadline and to charge the customer cancellation costs in accordance with Section VII.In any case, the customer is at liberty to prove to the tour operator that the tour operator has suffered no loss at all or a significantly lower loss than the lump sum demanded.
(1) Deviations of essential characteristics of travel services from the agreed content of the package travel contract which become necessary after the conclusion of the contract (e.g. (e.g. for safety reasons, due to the circumstances of the selected means of transport, unforeseeable events such as weather conditions) and were not brought about by the tour operator in bad faith, the tour operator is permitted to make such changes before the start of the tour, provided that the changes are insignificant, do not lead to a significant change in the travel services and do not affect the overall nature of the tour.
(2) The customer shall be informed of such changes to services in a clear, comprehensible and emphasised manner on a durable medium (e.g. also by email, text message). The notification shall be made immediately upon becoming aware of the reason for the change.
(3) In the event of a significant change to an essential feature of a travel service or a deviation from the customer's special requirements, which have become part of the package travel contract, the customer is entitled, within a reasonable period set by the tour operator at the same time as the notification of change
It is at the customer's discretion to react to the notification of change and exercise one of the aforementioned rights. If the customer does not respond to the tour operator or does not respond within the set deadline, the notified change is deemed to have been accepted.
(4) Any warranty claims remain unaffected if the changed services are defective. If the tour operator had lower costs for the realisation of the modified tour or replacement tour with equivalent quality, the customer shall be reimbursed the difference in accordance with § 651m para. 2 BGB.
(1) The tour operator also expressly reserves the right to declare a change in the tour price prior to the conclusion of the contract, in particular for the following reasons, of which the tour operator will inform the customer prior to booking:
(2) The tour operator reserves the right to adjust the price agreed in the travel contract as follows in the event of a subsequent increase in transport costs for fuel or other energy sources, taxes or other charges for agreed travel services, such as tourist taxes, harbour or airport fees or in the event of a change in the exchange rates applicable to the trip in question:
VII Cancellation by the customer, cancellation fee
(1) The customer may withdraw from the package travel contract at any time prior to departure. The cancellation must be declared to the tour operator on a durable medium (e.g. letter, PDF attachment to an email). If the trip was booked through a travel agent, the cancellation can also be declared to the travel agent.
(2) If the travel agent or the tour operator receives a cancellation notice from the customer before the start of the trip or if the customer does not start the trip, the tour operator loses the right to the travel price. Instead, the tour operator may demand reasonable compensation from the customer, unless the tour operator is responsible for the cancellation or extraordinary circumstances occur at the destination or in its immediate vicinity which significantly impair the performance of the package tour or the transport of persons to the destination (Section 651 h III BGB).The tour operator is entitled to claim reasonable compensation for travel arrangements already made and for other expenses incurred from the customer in the form of a lump sum (hereinafter: cancellation fee). The amount of the cancellation fee is determined by the tour price less the value of the expenses saved by the tour operator and less what the tour operator acquires through other use of the travel services, which must be justified by the tour operator at the customer's request. The tour operator has determined the following cancellation fees taking into account the period between the declaration of cancellation and the start of the trip, as well as the expected savings in expenses and the expected acquisition through other use of the travel services.
The customer can find the conditions and deadlines for cancellation in the booking process.
(3) The customer reserves the right to prove that the tour operator has incurred no or lower costs than the cancellation fee. In this case, the customer is obliged to pay the lower costs.
(4) The tour operator reserves the right to demand higher, individually calculated compensation instead of the above cancellation fees if the tour operator can prove that it has incurred significantly higher expenses than the applicable cancellation fee. In this case, the tour operator is obliged to quantify and justify the compensation demanded, taking into account the expenses saved and deducting what it acquires through other use of the travel services.
(5) If the tour operator is obliged to refund the tour price as a result of a cancellation, it must do so immediately, and in any case within 14 days of receipt of the cancellation notice.
(6) In accordance with § 651e BGB, the customer is entitled to demand from the tour operator, by means of a notification on a durable medium, that a third party assumes the rights and obligations arising from the package travel contract in his place; this right remains unaffected by the above conditions. Such a declaration shall in any case be deemed to have been made in good time if it is received by the tour operator 7 days before the start of the tour.
VIII. Rebooking by the customer, replacement person
The customer is not entitled to change the travel date, the destination, the place of departure, the accommodation, additional services or the mode of transport ("rebooking") after conclusion of the contract, unless the rebooking is necessary because the tour operator has provided the traveller with no or insufficient or incorrect pre-contractual information in accordance with Art. 250 § 3 EGBGB; in this case, the rebooking is possible free of charge
If the customer or fellow traveller If the customer or fellow traveller does not make use of individual travel services - which the tour operator was willing and able to provide in accordance with the contract - for reasons attributable to him, he is not entitled to a pro rata refund of the travel price, unless such reasons would have entitled him to withdraw from or terminate the package travel contract free of charge in accordance with the statutory provisions. The tour operator shall endeavour to obtain reimbursement of the expenses saved by the service providers. This obligation does not apply if the expenses are completely insignificant.
(1) The tour operator may terminate the package travel contract without notice if the customer or fellow traveller, despite a corresponding warning from the tour operator, persistently disrupts the execution or provision of the travel services or if he behaves contrary to the contract to such an extent that the immediate cancellation of the contract is justified. This does not apply if the behaviour in breach of contract is due to a breach of the tour operator's duty to provide information.
(2) If the tour operator cancels the package travel contract, it retains the right to the tour price; however, it must allow the value of the saved expenses and the benefits that it obtains from any other use of the unused service, including the amounts credited to it by the service providers, to be taken into account.
(3) The tour operator may withdraw from the package travel contract if the minimum number of participants is not reached if he
Cancellation must be declared to the customer at the latest on the day specified to the customer in the pre-contractual information and the corresponding travel confirmation or booking confirmation. If the tour operator realises at an earlier point in time that the minimum number of participants cannot be reached, it must exercise its right of cancellation without delay.
(3) If the package tour is not carried out, the tour operator shall immediately, and in any case within 14 days of receipt of the cancellation notice, refund to the customer any payments already made towards the tour price.
(1) The contractual liability of the tour operator is limited to three times the tour price for such damages which
(2) Any further claims under international agreements or statutory provisions based on such agreements remain unaffected by this limitation.
(3) The tour operator is not liable for service disruptions, personal injury and property damage in connection with services that are merely arranged as third-party services (e.g. arranged excursions, sporting events, theatre visits, exhibitions) if these services are described in the online service offer or in the travel advertisement and the travel description. have been expressly and clearly labelled as third-party services in the online service offer or in the travel advertisement and the corresponding booking or travel confirmation, stating the identity and address of the brokered contractual partner, so that they are recognisably not part of the tour operator's package tour for the customer and have been selected separately. Sections 651b, 651c, 651w and 651y BGB remain unaffected by this. However, the tour operator is liable if and insofar as the breach of information, clarification or organisational obligations on the part of the tour operator was the cause of damage to the customer or fellow travellers.
XII. Assertion of claims
The customer/traveller must assert claims in accordance with § 651i Para. 3 No. 2, 4-7 BGB against the tour operator. Claims can also be asserted via the travel agent if the package holiday was booked via this travel agent. A claim on a durable medium (e.g. PDF attachment to e-mail, letter) is recommended.
XIII Cooperation of the customer, warranty for defects, cancellation
(1) The customer must inform the tour operator or a travel agent through whom he has booked the package tour if he does not receive the necessary travel documents (e.g. flight ticket, hotel voucher) within the period communicated by the tour operator.
(2) If the package tour is not provided free of defects, the customer can demand remedy. If the tour operator is unable to remedy the defect due to a culpable omission of the notification of defects, the customer cannot assert any claims for a reduction in price (§ 651m BGB) or claims for damages (§ 651n BGB) against the tour operator.The customer is obliged to notify the tour operator's representative on site immediately of any defects. If no such representative exists and is not contractually obliged, any travel defects must be brought to the attention of the tour operator (contact details can be found at the beginning of the GTC); the availability of the tour operator's representative or local contact point is stated in the booking or travel confirmation. The traveller can also bring the notification of defects to the attention of their travel agent through whom they booked the package tour. The tour operator's representative is instructed to remedy the defect if this is possible. However, he is not authorised to recognise claims.
(3) If the customer or fellow traveller intends to terminate the package travel contract due to a travel defect of the type described in Section 651i (2) BGB, insofar as it is significant, in accordance with Section 651l BGB, he must first set the tour operator a reasonable deadline for remedial action. This only does not apply if the tour operator refuses to provide a remedy or if immediate remedy is necessary.
(4) The customer is advised that loss of, damage to or delay of baggage in connection with air travel must be reported to the responsible airline immediately on site by means of a damage report ("PIR") in accordance with air traffic regulations. Airlines and tour operators may refuse reimbursement on the basis of international agreements if the PIR/damage report has not been completed and submitted. The damage report must be submitted within seven days of delivery in the case of damaged baggage and within twenty-one days of delivery in the case of delayed baggage. The loss, damage or misdirection of luggage must also be reported immediately to the tour operator, its representative or contact point or the travel agent. However, this does not release the traveller from submitting a PIR/damage report to the airline within the aforementioned deadlines.
(5) Carriage of pregnant women and infants. The medical facilities on cruise ships are not designed to meet the needs of pregnancy and childbirth. For their own safety, it is therefore not possible to transport expectant mothers who are in the 24th week of pregnancy or more at the start of the journey. Proof of pregnancy must be provided in the form of a medical certificate or maternity pass. The minimum age for travelling to Antarctica is 5 years.
XIV Information on the identity of the operating air carrier
(1) The EU Regulation on informing passengers of the identity of the operating air carrier obliges the tour operator to inform the customer of the identity of the operating air carrier of all air transport services to be provided as part of the booked trip at the time of booking.If the operating airline has not yet been determined at the time of booking, the tour operator is obliged to inform the customer of the airline or airlines that will probably operate the flight or flights. As soon as the tour operator knows which airline will operate the flight, it must inform the customer.
(2) If the airline named to the customer as the operating airline changes, the tour operator must inform the customer of the change. He must immediately take all reasonable steps to ensure that the customer is informed of the change as soon as possible.
(3) The list of airlines with an EU operating ban (Community list, formerly "Black List") is available on the following website: http: //ec.europa.eu/transport/modes/air/safety/air-ban/index_de.htm.
The tour operator shall inform the customer of the general passport and visa requirements and health formalities of the destination country, including the approximate deadlines for obtaining any necessary visas, prior to the conclusion of the contract and of any changes to these prior to departure. It is assumed that the traveller does not have any special personal circumstances (e.g. dual nationality, statelessness). If you are not a German citizen, please inform us of this before booking your holiday. The customer is responsible for obtaining and carrying the travel documents required by the authorities, any necessary vaccinations and compliance with customs and foreign exchange regulations.Any disadvantages arising from non-compliance with these regulations, e.g. the payment of cancellation costs, shall be borne by the customer/traveller. This does not apply if the tour operator has not provided information, or has provided insufficient or incorrect information.
XVI Travel cancellation insurance
In order to protect the customer's travel plans against unforeseen risks, the tour operator expressly recommends taking out travel cancellation insurance and, if necessary, insurance to cover repatriation costs in the event of accident, illness or death and/or other appropriate insurance (e.g. luggage insurance). Travel cancellation insurance is not included in the services and prices offered.
XVII Applicable law and place of jurisdiction
(1) All legal relationships between the customer and the tour operator are subject exclusively to the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods. If the customer is a consumer, sentence 1 shall only apply insofar as the choice of law does not undermine the protection of mandatory legal provisions of the state in which the consumer has his habitual residence.
(2) If the contracting parties are registered traders under German law or in the event that the user or customer has no general place of jurisdiction in Germany, or in the event that the customer to be sued moves his domicile or usual place of residence outside the scope of this law after conclusion of the contract or his domicile or usual place of residence is not known, the exclusive place of jurisdiction shall be Hanover. Mandatory statutory provisions on the exclusive place of jurisdiction remain unaffected by this.
XVIII. Information on consumer dispute resolution
(1) The tour operator endeavours to settle any differences of opinion arising from consumer contractual relationships in an amicable manner. In the event of any complaints, the user or guest can therefore contact [info@upstalsboom.de]. The statute of limitations for any claims is excluded for the duration of this procedure. If no agreement is reached there, legal recourse is available - without prior attempt at mediation by a state-recognised body.
(2) If consumer dispute resolution becomes mandatory for travel agents of tour operators after the printing of these terms and conditions, the tour operator shall inform the customer of this in an appropriate form.
