GTC — Accommodation

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

Status: July 15, 2023

Holiday complex Zum Wildbach GmbH
Baren­berg 15f
38879 Schierke

Phone: +49 (0) 3 94 55 / 58 99 70
Email: 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:

Holiday Resort
Zum Wildbach GmbH

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

1. The presen­ta­tion of the accom­mo­da­tion, the option to submit a booking request and the option to book via our website do not consti­tute a legally binding offer, but a non-binding presen­ta­tion. By submit­ting your booking request, you request a binding offer from us to conclude an accom­mo­da­tion contract. This can be done in person on site, by post, by email, by phone or via our booking request form on our website. By booking via our website, you make a reser­va­tion and also request a binding offer from us to conclude an accom­mo­da­tion contract. When submit­ting a booking request and booking via our website, you can correct all entries at any time. In addition, your entries are summa­rized again before submit­ting the booking request or booking and can then be edited/corrected.
   
   Confir­ma­tion of receipt of your booking request or booking via our website will be sent immedi­ately by automated email. Please ensure that the email address you provide is correct and that emails sent by us can be received at this address. Please also check your “spam folder” if neces­sary. You will then receive a reser­va­tion includ­ing a binding offer from us, in person on site if applic­a­ble, other­wise by email. You can accept this immedi­ately in person on site, other­wise by making the deposit requested by us (currently 20% of the price). This concludes the contract. If applic­a­ble, the contract is also concluded by the payment trans­ac­tion via the selected payment service provider. The time of execu­tion of the payment trans­ac­tion depends on the payment method selected in each case (see “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 store the contract text and send you the booking data and our GTC — Accom­mo­da­tion in text form. The contract text is no longer acces­si­ble via the inter­net. The GTC — Accom­mo­da­tion remain acces­si­ble via the internet. 

§ 5 Payment methods

You make deposits by

Bank trans­fer
We will provide you with our bank details in a separate email and ask you to make a transfer;

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

Sofort by klarna

To be able to pay via Sofort, you must have a bank account enabled for online banking, authen­ti­cate yourself accord­ingly and confirm the payment instruc­tion to us.

You can also pay remain­ing payments on site in cash, by EC card or credit card (Visa or MasterCard).

§ 6 Prices

Prices quoted include the applic­a­ble VAT. Public charges such as visitor’s taxes are not included in the prices and must be paid by you and your fellow travel­ers in addition. 

§ 7 Provision and use of accommodation

1. The accom­mo­da­tion provided is intended exclu­sively for accom­mo­da­tion purposes.
2. Subletting/letting on the accom­mo­da­tion provided and using it for purposes other than accom­mo­da­tion requires our prior consent (approval).
3. Unless other­wise agreed, there is no entitle­ment to the provi­sion of a specific accommodation.
4. Unless other­wise agreed, booked accom­mo­da­tion is avail­able for occupancy from 3:00 PM on the day of arrival and must be vacated by 10:00 AM on the day of departure.
5. We reserve the right to allocate accom­mo­da­tion that has not been claimed by 6:00 PM on the day of arrival to someone else. This does not apply if you have informed us of a later arrival time in advance. 

§ 8 Liability

We shall always be liable without limita­tion for claims for damages caused by us, our legal repre­sen­ta­tives or vicar­i­ous agents

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

In the event of a breach of essen­tial contrac­tual oblig­a­tions, the fulfill­ment of which makes the proper perfor­mance of the contract possi­ble in the first place and on the obser­vance of which the contrac­tual partner may regularly rely (cardi­nal oblig­a­tions), due to slight negli­gence on our part, our legal repre­sen­ta­tives or vicar­i­ous agents, liabil­ity shall be limited in amount to the foresee­able damage at the time the contract was concluded, 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 there is no right of withdrawal pursuant to Section 312 g (2) No. 9 BGB. 

§ 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 without notify­ing us in advance by 6:00 PM, we are entitled to allocate the booked accom­mo­da­tion to someone else. If we have agreed a deadline for free withdrawal, you may withdraw from the contract until then without trigger­ing any payment or compen­sa­tion claims on our part. The free-of-charge nature of your right of withdrawal expires if you do not exercise your right of withdrawal by the agreed deadline. From this point on, you only have any statu­tory 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 cancel the contract, we retain the right to the agreed remuner­a­tion despite your non-use of the service. However, subject to other individ­ual agree­ments, we grant the follow­ing cancel­la­tion options: 

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

We are neither obliged nor 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.