GTC — Accommodation

General terms and condi­tions and consumer infor­ma­tion for the accom­mo­da­tion of guests

Status: July 15, 2023

Vacation resort To the torrent GmbH
Baren­berg 15f
38879 Schierke

Phone: +49 (0) 3 94 55 / 58 99 70
E‑mail: info@zum-wildbach.de

§ 1 Scope

1. These General Terms and Condi­tions (GTC — Accom­mo­da­tion) apply to all contracts for the rental of accom­mo­da­tion for the purpose of accom­mo­da­tion, includ­ing cater­ing services, if applic­a­ble, between us and our customers.
2. Deviat­ing or supple­men­tary terms and condi­tions of the customer which we do not expressly recog­nize shall not apply even if we do not expressly object to them.

§ 2 Contractual partner

You conclude contracts with the:

Vacation resort
To the torrent GmbH

§ 3 Conclusion of contract, review and correction, contract languages, codes of conduct

1. The presen­ta­tion of the accom­mo­da­tions, the possi­bil­ity of booking requests and the booking option via our inter­net presence do not repre­sent a legally binding offer, but a non-binding presen­ta­tion. Through your booking request, you request a binding offer to conclude an accom­mo­da­tion contract with us. This among present with us on site, by mail, by e‑mail, by phone or via our booking request form on our website. By booking through our website you make a reser­va­tion and also request a binding offer to conclude an accom­mo­da­tion contract with us. When making a booking request and booking via our website, you can correct all entries on an ongoing basis. In addition, their entries are summa­rized again before submit­ting the booking request or booking and can then be edited / corrected.
   
   The confir­ma­tion of receipt of your booking request or booking via our website will be made immedi­ately by automated e‑mail. We ask you to ensure that the email address you provide is accurate and that emails sent to it by us can be received. Please also check your “Spam folder” if neces­sary. You will then receive, if neces­sary, among those present on site and other­wise by e‑mail a reser­va­tion includ­ing binding offer from us. You can accept it immedi­ately on the spot and other­wise by making the deposit requested by us (currently 20% of the price). This concludes the contract. If applic­a­ble, the contract is also already concluded by the payment trans­ac­tion via the selected payment service provider. The time of execu­tion of the payment trans­ac­tion depends on the selected payment method (see under “Payment methods”).
2. Please note that the contract can only be concluded in German, English and Dutch.
3. We are not subject to any special codes of conduct.

§ 4 Contract text

We save the text of the contract and send you the booking data and our GTC — Accom­mo­da­tion in text form. The text of the contract is no longer acces­si­ble via the Inter­net. The GTC — Accom­mo­da­tion are still acces­si­ble via the Internet.

§ 5 Payment methods

You make down payments by

Bank trans­fer
We will give you our bank details in a separate e‑mail and ask you to make a bank transfer;

PayPal
To be able to pay via PayPal, you must be regis­tered there or regis­ter first, legit­imize with your access data and confirm the payment instruc­tion to us or

Immedi­ately by klarna

In order to be able to pay via Sofort, you must have a bank account that is activated for online banking, identify yourself accord­ingly and confirm the payment instruc­tion to us.

Remain­ing payments can also be made on site in cash, by EC card or credit card (Visa or MasterCard).

§ 6 Prices

Prices quoted are inclu­sive of the applic­a­ble sales tax. Public charges such as visitor’s tax are not included in the prices and have to be paid addition­ally by you and your fellow travelers.

§ 7 Provision and use of accommodation

1. The accom­mo­da­tion provided is exclu­sively for lodging purposes.
2. The subletting/rental of the accom­mo­da­tions provided as well as their use for purposes other than accom­mo­da­tion require our prior consent (approval).
3. Unless other­wise agreed, there is no right to the provi­sion of specific accommodation.
4. Unless other­wise agreed, booked accom­mo­da­tions are avail­able to you from 15:00 on the day of arrival and are to be vacated by 10:00 on the day of departure.
5. We reserve the right to reassign accom­mo­da­tions not yet claimed by 6:00 p.m. on the day of arrival. This does not apply if you have informed us in advance of a later arrival time.

§ 8 Liability

For claims based on damages caused by us, our legal repre­sen­ta­tives or vicar­i­ous agents, we shall always be liable without limitation

• in case of injury to life, body or health
• in the event of inten­tional or grossly negli­gent breach of duty
• in the case of warranty promises, if agreed, or
• insofar as the scope of appli­ca­tion of the Product Liabil­ity Act is opened.

In the event of a breach of mater­ial contrac­tual oblig­a­tions, the fulfill­ment of which is a prereq­ui­site for the proper execu­tion of the contract and compli­ance with which the contrac­tual partner may regularly rely on (cardi­nal oblig­a­tions) due to slight negli­gence on our part, on the part of our legal repre­sen­ta­tives or vicar­i­ous agents, the liabil­ity shall be limited to the amount of the damage foresee­able at the time of the conclu­sion of the contract, the occur­rence of which must typically be expected.

Other­wise, claims for damages are excluded.

§ 9 Note on the non-existence of a right of withdrawal

We point out that a right of withdrawal accord­ing to § 312 g para. 2 No. 9 BGB does not exist.

§ 10 Withdrawal of the Guest (Cancellation and NoShow)

If you cancel the hotel accom­mo­da­tion contract or do not show up on the day of arrival by 6:00 p.m. without inform­ing us in advance, we are entitled to assign the booked accom­mo­da­tion to someone else. If we have agreed on a date for withdrawal free of charge, you can withdraw from the contract until then without trigger­ing payment or compen­sa­tion claims from us. The freedom from costs of their right of withdrawal expires if they do not exercise their right of withdrawal by the agreed date. From this point on, you are only entitled to a possi­ble legal right of withdrawal. If a right of withdrawal has not been agreed or has already expired and there is also no statu­tory right of withdrawal or termi­na­tion and we do not agree to a cancel­la­tion of the contract, we shall retain the claim to the agreed remuner­a­tion despite your failure to use the service. However, we grant the follow­ing cancel­la­tion options subject to other individ­ual agreements:

• In case of cancel­la­tion up to the 10th day before the agreed date of arrival: cancel­la­tion free of charge;
• In case of cancel­la­tion up to the 4th day before the agreed day of arrival: 50% of the contrac­tu­ally agreed price;
• In case of cancel­la­tion from the 3rd day before the agreed date of arrival: 80% of the contrac­tu­ally agreed price.

You are free to prove that the damage did not occur or did not occur in the amount claimed.

§ 11 Dispute resolution

The European Commis­sion provides a platform for online dispute resolu­tion (OS), which you can find at https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=DE. We are not oblig­ated or willing to partic­i­pate in dispute resolu­tion proceed­ings before a consumer arbitra­tion board.

§ 12 Jurisdiction

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 directly or indirectly from the contrac­tual relation­ship is the regis­tered office of Ferien­an­lage zum Wildbach GmbH. However, we are also entitled to bring an action at the customer’s general place of jurisdiction. 

§ 13 Severability clause

Should individ­ual provi­sions of these GTC — Accom­mo­da­tion be or become invalid in whole or in part, this shall not affect the valid­ity of the contract and its remain­ing provisions.