GTC - Seedorf

GENERAL TERMS AND CONDITIONS
Seedorf GbR Am See 33

(STATUS: NOVEMBER 2024)

 

1 Scope of application

 

1.1 These terms and conditions apply to contracts for the rental of vacation apartments for accommodation as well as all other services and deliveries provided by the operator for the customer in this context (guest accommodation contract). The term “guest accommodation contract” includes and replaces the following terms: Accommodation Contract, Guest Accommodation Contract, Hotel Contract, Hotel Room Contract.

 

1.2 The subletting or re-letting of the vacation apartments provided and their use for purposes other than accommodation require the prior consent of the Operator in text form, whereby § 540 paragraph 1 sentence 2 BGB is waived insofar as the Customer is not a consumer.

 

1.3 The terms and conditions also apply to pure catering services and events in the rooms and grounds of the “Seedorf”, including all outdoor facilities.

 

1.4 The customer's general terms and conditions shall only apply if this has been expressly agreed in advance.

 

 

2 Conclusion of contract, partners, limitation period

 

2.1 The contractual partners are the operator “Hedrich und Lachmann Seedorf GbR” (hereinafter referred to as “Seedorf”) and the customer. The contract is concluded when the operator accepts the customer's application. The operator is free to confirm the room booking in text form.

2.2 All claims against the Operator are generally subject to a limitation period of one year from the start of the statutory limitation period. Claims for damages become time-barred after five years, depending on knowledge, unless they are based on injury to life, limb, health or freedom. These claims for damages are subject to a limitation period of ten years irrespective of knowledge. The shortening of the limitation period does not apply to claims based on a deliberate or grossly negligent breach of duty by the operator.

 

 

3 Services, prices, payments, invoicing

 

3.1 The Operator is obliged to keep the vacation apartments booked by the Customer available and to provide the agreed services.

 

3.2 The customer is obliged to pay the agreed or applicable prices of the operator for the vacation apartment rental and the other services used by him. This also applies to services commissioned by the customer directly or via the “Seedorf”, which are provided by third parties and disbursed by the Seedorf.

3.3 The agreed prices include the taxes and local duties applicable at the time the contract is concluded. Not included are local taxes that are owed by the guest according to the respective municipal law, such as visitor's tax. In the event of a change in the statutory value added tax or the introduction, change or abolition of local levies on the subject matter of the service after conclusion of the contract, the prices shall be adjusted accordingly. In the case of contracts with consumers, this only applies if the period between conclusion and fulfillment of the contract exceeds four months.

3.4 The operator may make its consent to a subsequent reduction in the number of rooms booked, the service of the seaside village or the duration of the customer's stay requested by the customer dependent on the price for the rooms and/or for the operator's other services being increased.

 

3.5 The Operator's invoices are generally settled on the spot; in exceptional cases, the outstanding amounts must be paid within ten days of receipt of the invoice without deduction. The Operator may demand immediate payment of due receivables from the Customer at any time. In the event of late payment, the operator is entitled to demand the applicable statutory default interest of currently 8% or, in the case of legal transactions involving a consumer, 5% above the base interest rate. The Operator reserves the right to provide evidence of higher damages.

 

3.6 The operator is entitled to demand an appropriate advance payment or security deposit from the customer upon conclusion of the contract, for example in the form of a credit card guarantee. The entire amount of the booking is reserved on the CC 3 weeks before arrival. The amount of the advance payment and the payment dates can be agreed in text form in the contract. In the case of advance payments or security deposits for package tours, the statutory provisions remain unaffected.

3.7 In justified cases, for example if the customer is in arrears with payment or if the scope of the contract is extended, the operator is entitled to demand an advance payment or security deposit within the meaning of section 3.6 above 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 start of the stay.

 

3.8 The Operator is also entitled to demand a reasonable advance payment or security deposit from the Customer at the beginning and during the stay within the meaning of Section 3.6 above for existing and future claims arising from the contract, insofar as such a payment has not already been made in accordance with Section 3.6 and/or Section 3.7 above. 3.9 The Customer may only offset or set off an undisputed or legally binding claim against a claim of the Operator.

 

 

4 Withdrawal by the customer (cancelations) / non-use of the services of the vacation apartments (no show)

 

4.1 Withdrawal by the customer from the contract concluded with the operator is only possible if a right of withdrawal has been expressly agreed in the contract, another statutory right of withdrawal exists or if the operator expressly agrees to the cancellation of the contract. The agreement of a right of withdrawal and any consent to the termination of the contract should be made in text form.

4.2 If a date for withdrawal from the contract free of charge is regularly agreed between the operator and the customer, the customer may withdraw from the contract up to that date without triggering payment or compensation claims by the operator. The customer's right of withdrawal expires if he does not exercise his right of withdrawal vis-à-vis the operator by the agreed date.

4.3 If a right of withdrawal has not been agreed or has already expired, there is also no statutory right of withdrawal or termination and if the operator does not agree to a termination of the contract, the operator shall retain the claim to the agreed remuneration despite non-utilization of the service.

 

4.4 The cancellation conditions for accommodation services for individual bookings (up to 3 accommodation units) are staggered as follows:

• up to 2 weeks before the date of arrival free of charge,
• up to 2 days before the date of arrival 80%
• then 100%

In each case, 6 p.m. on the corresponding day of cancellation applies.

 

4.5 Catering services that have been defined and ordered in advance will be charged according to the same standards or cannot be charged on a goodwill basis by the operator. The customer is free to prove that the aforementioned claim for catering services did not arise or did not arise in the amount claimed.

 

4.6 For third-party services provided by third parties, the cancellation conditions of the respective provider shall apply.

 

 

5. Withdrawal by the Operator "SeeDorf"

 

5.1 If an advance payment or security deposit agreed upon or required under clauses 3.6 and/or 3.7 is not made even after a reasonable grace period set by the operator has expired, the operator is entitled to withdraw from the contract.

 

5.2 Furthermore, the operator is entitled to withdraw from the contract for objectively justified reasons, especially if:

 

• Force majeure or other circumstances not attributable to the operator make it impossible to fulfill the contract;
• Rooms or premises are booked using misleading or false information or by concealing essential facts; essential facts may include the customer’s identity, financial capacity, or purpose of stay;
• There is justified reason to believe that the use of the services may endanger the smooth operation of the business, the safety, or the public reputation of the operator, without this being attributable to the operator's sphere of control or organization;
• The purpose or reason for the stay is illegal;

 

There is a violation of clause 1.2 above.

5.3 A justified withdrawal by the operator does not entitle the customer to claim damages.

 

 

6. Provision / Handover / Return

 

6.1 The customer is not entitled to the provision of specific holiday apartments unless explicitly agreed upon.

 

6.2 Booked apartments are available to the customer from 4:00 p.m. on the agreed day of arrival. There is no entitlement to earlier availability.

 

6.3 On the agreed departure day, apartments must be vacated and handed over to the operator by 10:00 a.m. at the latest. A late check-out is only possible upon prior arrangement with the operator. The operator will determine the cost and the latest check-out time.

 

 

7. Liability of the Operator

 

7.1 The operator is liable for damages resulting from injury to life, body, or health if caused by the operator. The operator is also liable for other damages caused by intentional or grossly negligent breaches of duty or by breaches of typical contractual obligations. This also applies to breaches of duty by legal representatives or vicarious agents of the operator. Any further liability for damages is excluded unless otherwise stated in this clause. If disruptions or deficiencies in the operator’s services occur, the operator will strive to remedy them upon becoming aware or upon immediate complaint by the customer. The customer is obliged to do what is reasonable to help eliminate the disturbance and minimize potential damage.

 

7.2 The operator is liable for items brought in by the customer according to legal provisions. Use of the in-room safe is recommended. If guests wish to bring in money, securities, or valuables exceeding €800, or other items exceeding €3,500 in value, a separate safekeeping agreement with the operator is required.

 

7.3 If a parking space is provided to the customer on the operator’s premises – even for a fee – this does not constitute a safekeeping contract. The operator is liable for loss or damage to vehicles parked or maneuvered on the premises, and their contents, only according to clause 7.1 (sentences 1 to 4). The same applies to bicycles, trailers, water sports equipment (e.g. SUPs, boats), etc.

 

7.4 Wake-up calls are not carried out. Messages, mail, and parcels for guests are handled with care. The operator will deliver, store, and – upon request – forward them for a fee. The operator’s liability is limited as per clause 7.1 (sentences 1 to 4).

 

7.5 The house, bathing, and sauna regulations must always be observed for the protection of one's own and others’ health.

 

7.6 The operator accepts no liability for accidents involving rented sports and leisure equipment due to improper use. A briefing by the beach staff is mandatory before using water sports equipment for the first time during the stay.

 

 

8. Liability of the Customer

 

8.1 The customer is liable for damages caused by them or their fellow travelers, up to the amount of the damage incurred. The customer may request documentation of costs for repairs or replacements.

 

8.2 In case of violation of the smoking ban in the apartments, and the resulting inability to re-rent or extra cleaning efforts, a flat fee of €200 will be charged. If the room is completely unlettable, a fee of 100% of the applicable room rate for one night will apply.

 

8.3 Soiling caused by dogs will be charged at a flat rate of €100. For damages caused by dogs, clause 8.1 applies.

 

8.4 The apartment's furnishings and outdoor furniture are provided for the guest's use during their stay. Removing, relocating, or stealing items is not permitted. Resulting costs for repair or replacement due to misconduct will be charged to the guest.

 

 

9. Final Provisions

 

9.1 Changes and additions to the contract, the acceptance of the application, or these General Terms and Conditions must be in written form. Unilateral changes or additions by the customer are invalid.

 

9.2 The place of performance and payment, as well as the exclusive place of jurisdiction – including for cheque and bill of exchange disputes – is Görlitz in commercial transactions. If one party fulfills the requirements of §38 paragraph 2 ZPO and has no general place of jurisdiction in Germany, Görlitz shall also apply as the place of jurisdiction.

 

9.3 German law applies. The application of UN sales law and conflict of laws is excluded.

 

9.4 Should individual provisions of these General Terms and Conditions be or become invalid or void, the validity of the remaining provisions shall not be affected. Otherwise, the statutory provisions shall apply.

 

 

10. Personal Data (PD)

 

10.1 Personal data (PD) is collected in accordance with §30 of the Federal Registration Act. Additional data is collected internally for certain processes in the accommodation business (e.g., license plate numbers, allergies, food intolerances). By signing at check-in, the guest confirms their consent.

 

10.2 PD is automatically deleted from the reservation system 365 days after check-out and is no longer available. Exception: guests who agreed at check-in to receive the newsletter or participate in the loyalty program.

 

10.3 PD of guests who only inquired but did not book will be automatically deleted 30 days after cancellation of the request.

 

10.4 Guests requesting information about their PD must identify themselves as such. The operator has one month to respond in accordance with Article 12(3) of the GDPR. Information is provided exclusively by the management and may not be requested from other employees.