General terms and conditions
General terms and conditions
of Golfanlage Schloss Lütetsburg GmbH & Co. KG, Landstraße 36, 26524 Lütetsburg
§ 1 Scope of application of the General Terms and Conditions
- These General Terms and Conditions apply to contracts for the rental of holiday homes* as lodgings as well as all services and deliveries rendered for the guest by the provider, namely Golfanlage Schloss Lütetsburg GmbH & Co KG, Landstraße 36, 26524 Lütetsburg, Germany.
- The services of the provider are rendered exclusively on the basis of these General Terms and Conditions of Golfanlage Schloss Lütetsburg GmbH & Co. KG. Deviations from these Terms and Conditions are only effective if the above-mentioned provider expressly confirms them in writing.
- The guest’s Terms and Conditions shall only apply if they have been agreed in writing in advance.
- As most of the holiday properties are located on and at Golfanlage Schloss Lütetsburg GmbH & Co. KG, the General Terms and Conditions of Golfanlage Schloss Lütetsburg GmbH & Co. KG also apply to these holiday properties.
§ 2 Accommodation contract
- The accommodation contract is concluded when the provider confirms the booking request of the guest in writing by letter, e-mail and/or fax and thus accepts the booking. (acceptance of application). It is not possible to book exclusively by telephone.
The subletting or further letting of the booked holiday flat as well as its use for purposes other than residential purposes is not permitted.
- Contractual partners are the above mentioned provider and the guest.
If a third party has ordered for the guest, the guest shall be liable to the provider together with the guest as joint and several debtor for all obligations arising from this contract.
- The guest is obliged to check the booking confirmation to ensure it is correct. If the content of the booking confirmation deviates from the booking request and the guest does not immediately raise objections to this, the content of the booking confirmation is considered to be contractually agreed.
If a booking confirmation/invoice is not received within 10 days after registration, the guest is obliged to contact the provider in order to clarify the matter. If this is not the case, the booking confirmation/invoice shall be deemed to be received 3 days after dispatch.
- Amendments or additions to the contract relating to the acceptance of the application must be made in writing by mutual agreement. Unilateral changes or additions by the guest are invalid.
- The provider reserves the right to cancel bookings at any time and without giving reasons..
§ 3 Services, prices, payment
The following services are included in the accommodation contract:
- Water consumption -gas and electricity -accommodation in the holiday home*
- Final cleaning -bed linen -towels -WiFi -TV set -sound system -hairdryer -fully equipped kitchenette with induction cooker, oven, dishwasher and coffee machine
- Provision of a golf cart in the parking lot of the golf park exclusively for arrival and departure.
Should children’s furniture be required, this must be stated separately when booking and will be provided accordingly.
Prices quoted are per accommodation unit. The applicable value added tax is included in all services. Special requests can – as far as they can be fulfilled – be taken into account for a relevant surcharge.
The provider reserves the right to make changes to or deviate from individual travel services in the agreed contract which become necessary after contract conclusion and which were not caused by the provider in bad faith, provided that the changes or deviations are not substantial and do not affect the overall design of the booked travel. Surcharges already paid for special requests that cannot be fulfilled will be refunded.
Warranty claims remain unaffected, insofar as the changed services are unsatisfactory. The provider is obliged to inform the customer immediately of any changes to or deviations from any services.
- The respective current prices are available on request from the provider or they can be viewed on the website. If the guest wishes to take advantage of discounts and/or special offers indicated by the provider, the provider must be informed thereof at the time of booking.
- The current prices include the statutory value added tax applicable at the time.
- In the event of an increase in the statutory value added tax, the provider is entitled to adjust its prices appropriately with effect for the future
Tourist tax and duties
- The accommodation contracts do not include tourist tax and duties in the rental price. The amount of the tourist tax is determined by the municipality and the number of guests. To determine the number of persons in the booked period, all persons who spend at least one night in the holiday home* are taken into account. An earlier departure does not result in a refund of the tourist tax or local taxes paid.
- A deposit of 20% of the total amount is due within 14 days after receipt of the booking documents. After the deposit has been paid, the balance is due 14 days before the start of the trip.
- If a booking is made at short notice, up to four weeks before the start of the trip, the total payment of the booking becomes due immediately.
- If the payment deadlines are not met, the provider may withdraw from the contract.
- The guest shall be fully liable for any resulting damages incurred or to be incurred by the provider, including the costs incurred by the provider in connection with the booking and the termination of the contract. In any case, the provider is entitled to charge cancellation fees. In this case, the provisions of Section 5 shall apply and any amounts already paid shall be offset against these cancellation fees and any costs for other expenses.
- When paying by credit card, the provider is entitled to request that the original credit card and the corresponding ID be presented at any time.
Rights an responsibilities
- The provider undertakes to keep the holiday home* booked by the guest ready and to render the agreed services. The provider only guarantees the amenities expressly promised.
- The guest undertakes to pay the provider’s prices for the provision of the holiday home* and the provider’s additional or agreed services made use of. This also applies to services booked by the guest and third-party expenses incurred by the provider. The guest is obliged to provide truthful information about the number of persons occupying the holiday home*. The holiday home* is available for the maximum number of people stated in the rental agreement. Occupancy by a larger number of persons requires the prior written consent of the provider. In this case, the price for the provision of the holiday home* shall increase to the price generally calculated by the provider for such occupancy
§ 4 General rights and obligations
- The guest must treat the holiday home* and its inventory with care. The guest undertakes to observe the house rules, which are available on the Internet and in the relevant holiday home*.
Most of the holiday properties are located on and around the golf course. For the booked holiday property, the designated paths on Golfanlage Schloss Lütetsburg GmbH & Co.KG are to be used exclusively.
The guest undertakes to present a valid identity card or passport and a valid driving licence entitling the holder to drive the vehicle at the time of handover of the booked holiday home upon request of the provider.
- Should damage to the holiday home* and/or its inventory occur during the term of the accommodation contract, the guest undertakes to notify the provider thereof immediately.
- Defects and damages found upon arrival must be reported to the provider immediately, otherwise the guest shall become liable for these defects and damages. Claims arising from complaints on the part of the guest that are not reported immediately at the holiday accommodation are excluded from compensation, as are complaints that are only received by the provider at the end of the stay or after leaving the holiday home*.
- The guest shall become fully liable for damages caused by the guest’s negligence, gross negligence or intent.
- The use of the Internet is permitted after conclusion of an Internet use agreement with provision of the passport number, as far as this does not violate the legal regulations. Criminal acts (especially illegal downloads and page views) will be reported and prosecuted under criminal law. The guest alone shall be liable for any illegal use of the content.
- The provider has a right of access to the holiday home* at any time, especially in case of imminent danger. When exercising the right of access, reasonable consideration must be given to the guest’s interests worthy of protection. The provider shall inform the guest in advance if they will be exercising their right of access, unless this is unreasonable or impossible for the guest under the circumstances of the individual case.
§ 5 Withdrawal
- Any withdrawal by the guest from the contract concluded with the provider requires the written consent of the provider. If this is not obtained, the contractually agreed price shall be payable even if the guest does not make use of contractual services. This does not apply in cases of a delay in performance by the provider or an impossibility of performance for which the provider is responsible.
In the event of withdrawal, the guest undertakes to compensate for the damage incurred as follows
Without triggering any payment or compensation claims of the provider, the guest shall be entitled to terminate the contract up to 121 days before arrival, otherwise in accordance with the following conditions:
Termination by no later than the amount of the booking price
120-61 days before arrival the amount of deposit
60-15 days before arrival 50% of the total price
14-8 days before arrival 80% of the total price
<8 days before arrival 100% of the total price
To lessen the impact of the cancellation fees, it is possible to take out travel cancellation insurance.
- With regard to delayed arrival, Section 7 shall apply mutatis mutandis.
- Furthermore, the provider is entitled to withdraw from the contract for objectively justified reasons or to terminate the contract extraordinarily, if e.g.
- force majeure or other circumstances beyond the provider’s control, such as storms, power and water failures, the setup of a construction site at short notice or natural disruptions to local conditions, which make the performance of the contract impossible,
- the holiday home* was booked under misleading or false statement of essential facts, e.g. in respect of the guest or with regard to the purpose or with regard to the occupancy or with regard to the accommodation of animals
- the holiday home is used for purposes other than residential purposes,
- the provider has justified reason to believe that the use of the service endangers the safety or the peace of other guests and neighbours or the public reputation of the provider, without this being attributable to the sphere of control or organisation of the provider and in the event of damage to the golf course caused by the guest.
- The provider must inform the guest of the exercise of the right of withdrawal or termination in writing without delay.
- In the cases under Section 5 paragraph 3 a), the provider shall reimburse any rental payments and/or advance payments already made without delay.
- The guest shall compensate the provider for all damages for which the provider is responsible due to a withdrawal or an extraordinary termination in accordance with paragraph 3.
- In the event of justified withdrawal or justified termination by the provider, the guest shall not be entitled to claim damages in accordance with paragraph 3 b)-d).
§ 6 Liability
- The provider shall be liable for its obligations under the contract. Liability shall be limited to intent and gross negligence on the part of the provider if and insofar as the provider is not necessarily liable without limitation according to the statutory provisions. Should there be any disruptions or defects in the services of the provider, the provider shall endeavour to eliminate the disruption or defect as soon as it becomes aware of it or upon immediate notification of the guest
The guest is obliged to make a reasonable contribution to remedy the disruption or defect and to keep any possible damage to a minimum.
- The guest shall be liable for all damages that they, their fellow travellers or their visitors have culpably caused in the building of the holiday home*, in the holiday home* and/or to the inventory of the holiday home*. This also applies to the loss of items.
The guest undertakes to notify the provider immediately of any damage.
- Guests’ claims shall become time-barred after six months. The provider’s claims shall become time-barred after the respective statutory period.
- Only persons over 18 years of age are entitled to drive the golf carts. The road traffic regulations apply on the entire premises. The Terms and Conditions of the golf course apply mutatis mutandis.
A briefing on how to operate the corresponding golf cart is provided in the respective vehicle provided.
- The guest/driver should note that the rented vehicles are special-purpose vehicles. The vehicles are not the same as ordinary cars in terms of their operation and handling. Even experienced drivers must therefore familiarise themselves with the operation and handling of these vehicles. The guest/driver expressly accepts the associated risks which are greater compared to normal road vehicles. In this respect, use is at the user’s own risk.
- In particular, the provider shall not be liable for damages resulting from risks associated with the special design of the vehicle
- The guest/driver should note that the rented vehicles are special-purpose vehicles. The vehicles are not the same as ordinary cars in terms of their operation and handling. Even experienced drivers must therfore familiarise themselves with the operation and handling of these vehicles. The guest/driver expressly accepts the associated risks which are greater compared to normal road vehicles. In this respect, use is at the user’s own risk.
- In particular, the provider shall not be liable for damages resulting from risks associated with the special design of the vehicle.
The attention of the guest/driver is drawn in particular to the following special features and risks inherent in the design:
- The vehicle does not have the usual safety features such as ABS brakes/safety belts/airbags.
- The vehicle has an automatic and very direct steering (small steering wheel movements result in large changes in direction).
- Due to its design, the vehicle has no suspension.
- The guest/driver and any other drivers undertake to familiarise themselves with the operation of the vehicle and its special features before starting their journey. This applies in particular to the vehicle’s steering and braking behaviour. If anything is unclear, the guest/driver must direct their questions to the provider or its employees during the handover/briefing. The guest/driver may only start driving once they have mastered control of the vehicle. The guest/driver is also advised that the vehicles do not provide protection from the weather. The provider is not liable for any damages or soiling caused by weather conditions.
- The vehicle is handed over to the guest/driver in roadworthy, undamaged and technically and optically perfect condition with all the accessories. The guest/driver undertakes to report any complaints to the provider upon vehicle handover. By taking over the vehicle, the guest/driver confirms that they have been adequately instructed in the handling and operation of the vehicle.
- The guest’s/driver’s fitness to drive must not be impaired by medication, drugs, alcohol or in any other way. The provider or its staff may prohibit a journey or continuation of a journey if there is reasonable doubt about this.
- Furthermore, the guest/driver is responsible for ensuring that they or other authorised drivers meet the legal requirements for driving motor vehicles and is otherwise liable for all consequences arising therefrom. The guest/driver shall be liable for the conduct of the other authorised drivers as if such conduct were his own.
- The guest/driver shall return the vehicle with all the accessories to the agreed place in an orderly manner at the latest after unloading the luggage. If the vehicle is returned late, the guest/driver must pay the agreed rental price for each hour or part thereof according to the provider’s price list. The guest/driver must also bear all further damages resulting from a late return.
- The guest is advised that the holiday homes are, inter alia, treehouses and that guests must familiarise themselves with their construction.
- The guest expressly accepts the associated risks which are greater in comparison to normal holiday homes. In this respect, use is at the user’s own risk.
- In particular, the provider is not liable for damages caused by risks in connection with the special construction of the treehouses.
- The guest’s attention is, in particualr, drawn to the following construction-related
Special features and risks:
- The treehouses can only be reached by an outside staircase. There is no elevator or similar assistance to reach the housing unit.
- Parents must, in particular, inform small children about the dangers of the stairs and the railing.
- Large pieces of luggage must be carried up carefully and carefully at the guest’s own risk.
- In particular, the provider shall not be liable for any damages based on the risks associated with the special design of the treehouses.
§ 7 Arrival and departure
- The holiday home* shall be available from 3 p.m. on the day of arrival. Guests must arrive by 8 p.m. unless a later time is expressly agreed upon in writing with the providerin advance.
- If the guest does not check in by 8 p.m. on the day of arrival, the lodging contract shall be deemed to be terminated after a period of 24 hours without notification to the provider. The provider can then freely reassign the unit to another guest.
- The provider may request that a deposit of €100.00 be paid on arrival. The provider shall refund this deposit if the holiday home is vacated in time and all keys are handed over on the day of departure.
- If one or more keys are lost, the guest must compensate the provider for a new replacement key and, if necessary, for the installation of new locks.
- On the day of departure, the guest must vacate the holiday home by 11 a.m. at the latest. If the departure time is delayed by more than 1 hour, one additional night’s stay shall be billed.
- There shall be no refund of the fee paid in the event of early departure.
§ 8 Data protection
- The personal data provided by the guest shall not be passed on to third parties by the provider, unless this is necessary for the performance of the contract.
- The guest agrees that their personal data, to the extent necessary for the business transaction, is stored by the provider in accordance with the Federal Data Protection Act.
- A separate data provacy policy shall also be provided with the lodging contract.
- The law and the jurisdiction of the Federal Republic of Germany shall apply exclusively.
§ 9 Final provisions
- The place of performance and payment shall be Lütetsburg, Germany. The place of jurisdiction for tenancy law shall be Norden. The general place of jurisdiction shall also be Norden.
- The law of the Federal Republic of Germany shall apply to the contract exclusively.
- These General Conditions fror the Admission of Guests/ General Terms and Conditions are intended for the guest’s personal use only. Any commercial use by third parties is expressly prohibited.
§ 10 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 closest to the purpose of the provision to be replaced. In all other respects the statutory provisions shall apply.
- *The term “holiday home” used here also includes the following types of accommodation:
- Holiday flat/Bummert, porter’s lodge, treehouses