General terms and conditions and consumer information for the accommodation of guests
Status: July 15, 2023
Vacation resort To the torrent GmbH
Phone: +49 (0) 3 94 55 / 58 99 70
§ 1 Scope
- 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.
- 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:
To the torrent GmbH
§ 3 Conclusion of contract, review and correction, contract languages, codes of conduct
- 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”).
- Please note that the contract can only be concluded in German, English and Dutch.
- 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
We will give you our bank details in a separate e‑mail and ask you to make a bank transfer;
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
- The accommodation provided is exclusively for lodging purposes.
- The subletting/rental of the accommodations provided as well as their use for purposes other than accommodation require our prior consent (approval).
- Unless otherwise agreed, there is no right to the provision of specific accommodation.
- 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.
- 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.