General Terms and Conditions
Kerstin E. Tiede
Baumwipfel-Resort „Lug ins Land“
38871 Ilsenburg / Harz
Blaue-Stein-Straße 15a
§ 1
Validity of the General Terms and Conditions
- These General Terms and Conditions apply to the contractual provision of a tree-top house in the Baumwipfel-Resort "Lug ins Land", in 38871 Ilsenburg / Harz, Blaue-Stein-Straße 15a by Kerstin E. Tiede, 38871 Ilsenburg / Harz, Mühlenstraße 18 (hereinafter: "tree-top resort") for accommodation to the guest (hereinafter: "guest").
§ 2
Accommodation contract
- The accommodation contract comes into effect when the tree-top resort confirms the guest's booking in writing by e-mail and thus accepts the booking (acceptance of request).
- With the booking confirmation, the tree-top resort sends the invoice and the house rules with instructions according to § 8 to the guest.
- After receipt of the down payment in due time amounting to 60 percent of the total amount, the contract is legally valid.
- Booking exclusively by telephone is not possible. The sub-letting or re-letting of the rented tree-top house as well as its use for other than residential purposes is not permitted.
a. Contractual partners are the above-mentioned tree-top resort and the guest.
b. If a third party has ordered on behalf of the guest, this third party shall be liable to the tree-top resort together with the guest as joint and several debtors for all obligations arising from this contract.
c. The guest is obliged to check the booking confirmation for accuracy. If the content of the booking confirmation deviates from the booking and the guest does not object to this immediately, the content of the booking confirmation is deemed to be contractually agreed.
d. Changes or additions to the contract of acceptance of the application must be made in writing by mutual agreement. Unilateral changes or additions by the guest are invalid.
§ 3
Prices, services
- All prices quoted by the tree-top resort for accommodation and any ancillary services on the website as well as in published brochures are inclusive of the applicable value-added tax, but exclusive of visitor's tax.
a. The accommodation price is per tree-top house. The final cleaning of the tree-top house is charged separately.
b. The rental price includes the costs for the media and the use of bed linen, bath towels (once per person), tea towels, the fully equipped kitchen, the parking space for one vehicle and the storage space for bicycles, pushchairs and / or wheelchairs. The costs for the use of the charging station for electric vehicles and the infrared-sauna are not included.
c. In addition to the accommodation price, the guest has to transfer a deposit of 250 Euro as security for the tree-top resort. This deposit will be returned to the guest's account no later than one week after departure, provided that no damage could be detected. In case of existing damages, the deposit will be set off against damages. If the damage is higher than the deposit, § 10 applies.
d. The tree-top resort expressly points out that it is obliged according to the legal regulations to collect the visitor's tax to be paid by the guest and to pay it to the town of Ilsenburg / Harz.
e. To determine the number of persons in the booked period, all persons who spend at least one night in the tree-top house will be taken into account. An earlier departure does not lead to a refund of the paid visitor's tax or local taxes.
§ 4
Payment of the accommodation price
- Upon receipt of the booking confirmation / invoice, the guest is obliged to pay 60 percent of the rental price (hereinafter referred to as down payment) to the specified account of the tree-top resort. The deposit is to be transferred within 14 days after receipt of the booking confirmation / invoice.
- The guest is obliged to pay the outstanding balance, including the deposit, to the specified account of the tree-top resort 30 days before the beginning of the booking period without further request.
- In case of a short-term booking of less than 30 days before the beginning of the booking period, the total payment of the booking including the deposit is due immediately.
- If the payment deadlines are not met, the tree-top resort can withdraw from the contract.
- The guest is fully liable for the damage incurred or still to be incurred by the tree-top resort due to late payment, including the costs incurred by the tree-top resort in connection with the booking and the cancellation of the contract. In any case, the tree-top resort is entitled to charge cancellation fees. In this case, the provisions of § 6 shall apply. Amounts already paid shall be offset against these cancellation fees.
§ 5
Mutual rights and obligations
- The tree-top resort undertakes to keep the tree-top house booked by the guest ready and to provide the agreed services. The tree-top resort only assumes a guarantee for the expressly promised equipment features.
- The guest undertakes to pay the prices of the tree-top resort for the provision of the tree-top house and the additional or agreed services of the tree-top resort. This also applies to services booked by the guest and expenses of the tree-top resort to third parties. In case of non-acceptance of the services of the tree-top resort caused by the guest, § 6 shall apply accordingly.
- The guest is obliged to provide truthful information about the number of persons occupying the tree-top house. The tree-top house is available for a maximum of the number of persons specified in the accommodation contract. Occupancy by a greater number of persons requires the prior written consent of the tree-top resort. In this case, the price for the use of the tree-top house increases to the price generally charged by the tree-top resort for the corresponding occupancy.
- The guest must treat the tree-top house and its inventory with care. The guest is obliged to comply with the house rules which were sent to him/her with the booking confirmation and which are deposited once again in each tree-top house.
- The guest undertakes to identify himself / herself with a valid identity card or passport upon handover of the tree-top house and upon request by the tree-top resort.
- Smoking is generally prohibited in the tree-top house. In case of violations, the tree-top resort may charge the guest an additional cleaning fee of up to 500 Euro (net) in addition to the final cleaning costs.
- Should damage occur to / in the tree-top house or / and its inventory during the accommodation relationship, the guest is obliged to report this to the tree-top resort immediately.
- Defects and damages already detected upon arrival must be reported immediately to the tree-top resort, otherwise the guest is liable for these defects and damages. Claims arising from complaints on the part of the guest which are not reported immediately on site are excluded from compensation, as are complaints which are only received by the tree-top resort at the end of the stay or after leaving the tree-top house.
- The guest is fully liable for damages caused by gross negligence or intent.
- Internet use is permitted after conclusion of an internet use agreement with the provision of an identity card or passport number, insofar as this does not violate the legal provisions. Criminal acts (in particular unlawful downloads and page views) will be reported and prosecuted. The guest alone shall be liable for any unlawful use of the content.
- The tree-top resort has the right of access to the tree-top house at any time, especially in case of imminent danger. When exercising the right of access, the guest's interests worthy of protection are to be given appropriate consideration. The tree-top resort will inform the guest about the exercise of the right of access in advance, unless this is unreasonable or impossible for the guest according to the circumstances of the individual case.
- In the Westerklippen-Loft a well-behaved dog or assistance dog or a well-behaved cat is welcome. All other tree-top houses are pet-free.
§ 6
Cancellation of the booking by the guest
- The guest may cancel his / her booking prior to the booking period against payment of the amounts mentioned in § 7 paragraph 3.
- In the event of cancellations, the deposits shall be retained. If a cancellation is made before the booking period, then the compensation payments are due as follows:
a. Cancellation more than 30 days before the booking period: 60 percent of the accommodation price.
b. Cancellation less than or equal to 30 days prior to the booking period: 100 percent of the accommodation price.
c. Cancellations must be made in writing or by e-mail to the tree-top resort. The day of receipt of the cancellation by the tree-top resort is deemed to be the day of cancellation. The guest may provide evidence of lower costs at any time.
d. In any case, it is recommended to take out a travel cancellation or travel interruption insurance before the start of the trip.
§ 7
Cancellation of the booking by the tree-top resort
- The tree-top resort is entitled to cancel a confirmed booking within 48 hours after sending the booking confirmation without giving reasons, provided that the guest has not yet paid the accommodation price. Cancellation of a booking shall be made in writing or by e-mail. No costs shall be incurred in this case.
- The tree-top resort is entitled to cancel the accommodation contract without notice if the guest behaves in a way contrary to the contract which makes a continuation of the accommodation contract unreasonable for the tree-top resort. This includes in particular a behaviour of the guest or his fellow travellers which leads to a nuisance of neighbours which is in turn unacceptable for them.
- If the accommodation contract is considerably endangered or impaired after conclusion as a result of force majeure or other circumstances that cannot be justified by the tree-top resort, such as storms, power and water failures, war, pandemics or natural disturbances of the local conditions, both contracting parties can terminate the accommodation contract. In the event of termination prior to taking over the tree-top house, the guest shall be refunded the accommodation price paid to date. For services already rendered, the tree-top resort can demand a fee corresponding to the accommodation period up to the termination.
§ 8
Liability of the Treetop Resort
- The tree-top resort is liable for its obligations arising from the contract. The liability is limited to intent and gross negligence on the part of the tree-top resort, if and insofar as it is not indispensably liable without limitation according to the statutory provisions. Should disruptions or deficiencies occur in the services of the tree-top resort, the tree-top resort will endeavour to remedy the disruption or deficiency upon knowledge thereof or upon immediate notification by the guest. The guest is obliged to contribute what is reasonable to him/her in order to eliminate the disturbance or defect and to keep any possible damage to a minimum.
- Special features in the tree-top house
a. The guest is informed that the holiday flats are, among other things, tree-top houses, with whose construction the guest must familiarise himself.
b. The guest expressly accepts the greater risks involved compared to ordinary holiday homes. In this respect, use is at the guest's own risk.
c. In particular, the tree-top resort is not liable for damages that are based on risks in connection with the special construction of the tree-top houses.
- The guest's attention is drawn in particular to the following special features and risks inherent in the construction:
a. The tree-top houses can only be reached by an outside staircase. There is no lift or similar assistance to reach the accommodation unit.
b. In wet and icy conditions, make sure to hold on tight to the railing of the outside staircase and walk carefully, as there is a risk of slipping.
c. Parents shall draw the attention of young children in particular to the dangers of the stairs and railings.
d. Large items of luggage are to be carried up carefully and prudently at your own risk.
e. In particular, the tree-top resort shall not be liable for damage due to risks associated with the special construction of the tree-top houses.
f. A stay in nature is accompanied by special dangers. These include, for example, slipperiness, slippery ground due to rain or / and damp leaves, falling branches. Guests of the tree-top resort are requested to behave with due care.
g. The tree-top resort offers its guests a car park. Here, liability on the part of the tree-top resort is generally excluded.
h. In particular, the tree-top resort is not liable for damages caused by hail, snow, fire, rain and ice, other guests or other third parties. An increased monitoring obligation of the tree-top resort beyond general monitoring obligations does not exist.
§ 9
Liability of the guest
- The tree-top houses are handed over by the tree-top resort in a tidy and clean condition. Should defects exist or occur during the rental period, the tree-top resort is to be informed of this immediately.
- The guest is liable in accordance with the statutory provisions for any damage caused by him to the tree-top house, the inventory, damage to the floor or to the furniture. This also includes the costs for lost keys as well as the necessary replacement of locks. The inventory is to be treated carefully and with care and is only intended to remain in the tree-top house. The guest is liable for himself, his relatives or other third parties from his area. Damage caused by force majeure is excluded from this.
- Disproportionate soiling of our facilities and the tree-top house, which cannot be removed within the normal scope of cleaning, will be charged to the guest in full after professional cleaning.
- The guest is expressly liable for all damages resulting from a violation of the house rules.
- Departure is subject to subsequent inspection for further damage and defects that were not recognisable during the inspection on the day of departure.
§ 10
Takeover of the tree-top house
- The tree-top house is available from 15:00 on the day of arrival. Arrival must take place by 20:00, unless a later time is expressly agreed in writing with the tree-top resort in advance.
- Should the guest not arrive by 20:00 on the day of arrival, the tree-top resort has the basic option of the continued use of the tree-top house use by another guest, otherwise § 6 applies.
- Should the guest not be able to arrive due to the illness of a fellow traveller at short notice, the tree-top resort will, however, endeavour, in consultation with the guest, to find another accommodation date with identical accommodation duration within 365 days of the start of the original booking period without incurring any costs.
- On the day of departure, the guest must vacate the tree-top house by 11:00 at the latest or, in the case of an optionally booked extended stay, by 17:00 on the day of departure. Should the guest not have vacated the tree-top house by this time, the tree-top resort has the option of charging accommodation costs for a further day.
- A refund of the accommodation price due to early departure will not be made.
§ 11
Data protection
- The personal data provided by the guest will not be passed on to third parties by the tree-top resort, unless this is necessary for the processing of the contract.
- The guest agrees that his personal data, as far as they are necessary for the business transaction, will be stored by the tree-top resort according to the Federal Data Protection Act.
- A separate declaration on data protection is also handed over with the accommodation contract.
§ 12
Final provision
- Place of performance and payment is Ilsenburg / Harz. The place of jurisdiction for accommodation law is Wernigerode. The general place of jurisdiction is also Wernigerode.
- The contract is governed exclusively by the law of the Federal Republic of Germany.
- These General Terms and Conditions of Accommodation / Terms and Conditions of Business are only intended for the personal use of the guest. Commercial use by third parties is expressly prohibited.
§ 13
Severability clause
Should any of the above provisions be invalid or void, this shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by a provision which comes as close as possible to the purpose of the provision to be replaced. In all other respects, the statutory provisions shall apply.
Stand der AGB 01.06.2022 18:00Uhr