General terms and conditions
- These terms and conditions apply to contracts for the rental of mobile home pitches for short-term accommodation, as well as all other services provided for the customer.
- Subletting or re-letting of the provided pitches, as well as their use for purposes other than accommodation, require the prior written consent of the pitch operator.
- The customer's terms and conditions shall only apply if they have been agreed in advance.
Conclusion of contract, liability of contracting parties; statute of limitations
- The contract is concluded by the acceptance of the customer's application by the camper site. The pitch operator is free to confirm the pitch reservation in writing.
- Contractual partners are Mr. Boje Martens as parking space operator and the customer. If a third party has made a reservation for the customer, he is liable to the pitch operator together with the customer as joint and several debtors for all obligations arising from the pitch contract, provided that the pitch operator has a corresponding declaration from the third party.
- The pitch operator is liable for his obligations under the contract. In the area not typical for the service, the liability is limited to intent and gross negligence of the pitch operator.
- The limitation period for all claims of the customer is 6 months.
- This limitation of liability and short period of limitation apply in favor of the pitch operator in case of breach of obligations during the initiation of the contract and positive breach of contract.
Services, prices, payment, set-off
- The pitch operator is obliged to keep ready the pitches booked and paid by the customer and to provide the agreed services.
- The customer is obligated to pay the applicable or agreed prices of the pitch operator for the provision of the pitch and the other services used by him. This also applies to services and expenses of the pitch operator to third parties arranged by the customer.
- The agreed prices include the respective statutory value added tax. If the period between the conclusion of the contract and the fulfillment of the contract exceeds 3 months and if the price generally charged by the pitch operator for such services increases, the latter may increase the contractually agreed price appropriately, but by a maximum of 15%.
- The prices can also be changed by the pitch operator if - the customer subsequently requests changes in the number of booked pitches, the services of the pitch operator or the length of stay of the guests and the pitch operator agrees to this, - events take place in the city of Leipzig.
- Invoices of the pitch operator without due date are payable within 10 days from receipt of the invoice without deduction. The pitch operator is entitled to make accrued claims due at any time and to demand immediate payment. In case of delayed payment, the pitch operator is entitled to charge interest in the amount of 5% above the respective base interest rate. The customer reserves the right to prove a lower, the pitch operator a higher damage.
- The pitch operator is entitled to demand a reasonable advance payment or security deposit upon conclusion of the contract or thereafter, taking into account the legal provisions for bookings. The amount of the advance payment and the payment dates can be agreed in writing in the contract.
Withdrawal of the customer (cancellation, cancellation)
- A withdrawal of the customer from the contract concluded with the pitch operator requires the written consent of the pitch operator. If this does not take place, the agreed price from the contract is to be paid even if the customer does not make use of contractual services. This does not apply in cases of default in performance by the pitch operator or an impossibility of performance for which the pitch operator is responsible.
- If a date for withdrawal from the contract has been agreed upon in writing between the pitch operator and the customer, the customer can withdraw from the contract until then without triggering payment or damage claims of the pitch operator. The customer's right of withdrawal expires if he does not exercise his right of withdrawal in writing to the pitch operator by the agreed date, unless there is a case of default in performance by the pitch operator or an impossibility of performance for which he is responsible.
- In case of a pitch not used by the Customer, the Pitch Operator shall credit the income from renting the pitch to another party; as well as the saved expenses.
- The pitch operator is free to lump-sum the damage incurred by him and to be compensated to the customer.
- The following cancellation periods apply to the pitch: - up to eight weeks before arrival free of charge - up to four weeks before arrival 50% of the booked services - up to three weeks before arrival 65% of the booked services - up to one week before arrival 80% of the booked services
Resignation of the pitch operator
- If a right of withdrawal of the customer within a certain period of time has been agreed upon in writing, the pitch operator is entitled to withdraw from the contract within this period of time if there are requests of other customers for the contractually booked pitches and the customer does not waive his right of withdrawal upon inquiry of the pitch operator.
- If an agreed advance payment is not made even after the expiry of a reasonable grace period set by the pitch operator with a warning of refusal, the pitch operator is also entitled to withdraw from the contract.
- Furthermore, the pitch operator is entitled to withdraw from the contract extraordinarily for factually justified reasons, for example if: - force majeure or other circumstances for which the pitch operator is not responsible make the fulfillment of the contract impossible; - pitches are booked under misleading or false information of essential facts, e.g. in the person of the customer or the purpose; - the pitch operator has reasonable cause to believe that the use of the pitch service will affect the smooth operation of the business, safety or reputation of the pitch. the pitch operator has reasonable grounds to believe that the use of the pitch service may jeopardize the smooth operation of the business, the safety or the reputation of the pitch in public, without this being attributable to the control or organizational sphere of the pitch operator. - there is a violation of paragraph 2 above.
- The pitch operator must inform the customer immediately of the exercise of the right of withdrawal.
- In the event of justified withdrawal by the pitch operator, the customer shall not be entitled to any compensation.
Pitch provision, handover and return
- The customer does not acquire any right to the provision of specific parking spaces.
- Booked pitches are available to the customer from 11.00 a.m. on the agreed day of arrival. The customer has no right to earlier provision.
- On the agreed departure day, the pitches are to be made available vacated at the latest by 10.59 am. Thereafter, the pitch operator may charge 100% of the full list price for the additional use of the pitch in addition to the damage incurred. The customer is at liberty to prove to the parking space operator that the latter has not incurred any damage or that the damage is significantly lower.
Liability of the parking space operator
- The parking places are not guarded by the landlord. The use of the parking spaces is at your own risk.
- The pitch operator is liable for the care of a prudent businessman. This liability is in the area not typical for the service, but limited to deficiencies in the service, damages, consequential damages or disruptions that are due to intent or gross negligence of the pitch operator. In the event of malfunctions or defects in the services of the pitch operator, the pitch operator shall endeavor to remedy the situation upon knowledge of the same or upon immediate complaint by the customer. The customer is obligated to contribute what is reasonable for him to remedy the disruption and to keep any possible damage to a minimum.
- The pitch is liable to the customer for the brought in thing according to the legal regulations.
- The legal provisions apply to the unlimited liability of the pitch operator.
- In case of theft, loss or damage of motor vehicles parked or maneuvered on the parking space and their contents, the parking space operator is not liable, except in case of intent or gross negligence. This also applies to vicarious agents of the parking space operator.
- The place of performance and payment is the registered office of the pitch operator.
- German law applies.
- Leipzig is agreed as the exclusive place of jurisdiction for disputes arising from the rental relationship, i.e. the registered office of the parking space operator. Otherwise, the statutory provisions shall apply. The invalidity of individual provisions of these GTC does not justify the invalidity of the remaining provisions.