Epkes Kamp - Tree Houses
General terms and conditions Tree houses east & west
1. Application of our terms and conditions
Our general terms and conditions apply to all business relationships between the
Buyer (hereinafter; guest) and Ingo Hanneforth as operator. They record all contracts and
all services rendered on the occasion of the implementation of these and other contracts and
Deliveries in or on all buildings and areas belonging to the operator.
Any conflicting general terms and conditions of the guest do not apply.
You are contradicted.
2. Conclusion of contract
2.1 Offers from the operator are subject to confirmation and non-binding until the contract is concluded.
2.2 The contract is concluded as soon as the Bauhhaus accepts the guest's application
booked by the operator or, if a booking confirmation is not made due to time constraints
could have been provided.
2.3 The operator is free to confirm a booking in writing.
3. Provision and departure
3.1 Booked tree houses are usually available to the guest from 2 p.m. on the day of arrival
Available. Unless a later arrival time has been expressly agreed, the company reserves the right
the operator reserves the right to assign the booked tree house to someone else after 6 p.m.
3.2 Subletting or subletting of the rooms is excluded. The assignment of the
Rooms with more than the number of people booked (max. 2) require prior written consent of the operator.
3.3 The guest is obliged to identify himself on arrival and the
Fill in the registration form / booking confirmation completely with your personal details sign.
3.4 Pets are only allowed with the prior consent of the operator and for a fee be brought along.
3.5 The departure must take place on the day of departure no later than 10 a.m. at this point in time
the rooms must be cleared.
3.6 An extension of the stay over the period agreed in the hosting contract
In addition, it is only possible after prior agreement with the operator. This agreement should be made at least before the end of half of the stay and requires the written confirmation of the operator. The written confirmation is considered an extension of the contract in the sense of the hotel accommodation contract. In principle, there is no entitlement to an extension.
4.1 Reservations are generally binding for the contractual partners. A partial one Cancellation of reserved tree houses and / or services is fundamentally excluded.
The following rules apply to the cancellation of contracts that have already been concluded: The guest's payment obligation from the canceled contract is not reduced by the operator's actual saved expenses.
5. Prices / payments / offsetting / assignment
5.1 The prices are generally determined according to the operator's current price list, which is valid at the time the service is provided. They include the applicable statutory value added tax. If a different price is agreed in the booking confirmation, this is decisive. If the booking was made more than 4 months ago, the operator can adjust the price specified there appropriately, but at most by 5%.
5.2 The operator can request a prepayment or security deposit from the guest when booking.
5.3 Operator's invoices are payable without deduction after receipt of the invoice.
6.1 Objects or materials that are left in the operator's generally accessible rooms, including in technical facilities, are only considered to be brought in if they are expressly taken into care by an authorized person of the operator. What is brought into the rooms is what the guest entitled from the contract brought in. Liability is excluded for items not brought in. The operator's liability for damage or loss of objects and materials brought in is limited to EUR 3,500.00; there is a maximum limit of EUR 800.00 for money, securities and valuables. Clause 6.7 also applies to this claim due to loss, destruction or damage to the item. Items that the guest has left in the room will only be forwarded at the request, risk and expense of the guest. The operator undertakes to keep such objects for 6 months. After this time, the objects, if there is a visible value, will be handed over to the local lost property office. In all other cases, these will be handed over to the finder upon receipt. Liability of the operator is therefore excluded. 6.2 If a parking space is made available to the guest, also for a fee, this does not result in a custody contract, but a rental contract. The operator is not liable for loss or damage to vehicles parked or maneuvered on the tree house property. The tree houses do not have to be monitored.
6.3 Without prejudice to the provisions in sections 6.1 to 6.2, the operator's liability for damage of any kind (contractual or tortious) is excluded.
6.4 This exclusion does not apply to damage caused by the operator intentionally or through gross negligence; in cases of slight negligence for damage resulting from an injury to life, limb or health, and - subject to the provisions under Section 6.5 and Section 6.6 - for damage based on a violation of essential contractual obligations by the operator. Essential contractual obligations are all obligations, the fulfillment of which enables the proper execution of the contract.
6.5 In the case of negligent violation of essential contractual obligations, the liability of the operator, with the exception of damage to life, limb or health, is limited to the contract-typical damage that was foreseeable for the tree house when the contract was concluded or when the breach of duty was committed. In this respect, the operator's liability for damage that is exclusively attributable to the risk area of the guest is excluded.
6.6 The guest is obliged to report any defects immediately, at the latest when they leave the tree house. Claims of the guest are to be asserted against the operator in writing within 14 days after the contractual end of the service provision. After the deadline has expired, he can only assert claims if he was prevented from meeting the deadline through no fault of his own. Damage claims of the guest due to slight negligence on the part of the operator. Clauses 6.4 and 6.5 above are excluded in any case if they are not brought to court within a period of three months after rejection of the claims with a corresponding notice by the operator or their insurer.
6.7 The above exclusions and limitations of liability in sections 6.1 to 6.6 apply also for the liability of the tree house for its organs, employees and vicarious agents as well as the personal liability of the organs, employees and vicarious agents of the tree house.
6.8 The above exclusions and limitations of liability do not apply to claims under the Product Liability Act, insofar as liability is mandatory thereafter.
6.9 Unless otherwise stipulated by law, all liability claims from or in connection with the initiation, negotiation, conclusion and implementation of this contract as well as all other statutory, including tortious liability claims become statute-barred one year from the day on which the service is provided the contract was or should be terminated.
7. Place of performance, place of jurisdiction, applicable law
7.1 The place of fulfillment and payment is Gütersloh.
7.2 In commercial dealings, that is, when the guest is a merchant, legal entity of the public Legal or public special fund is, is - also for check and Exchange disputes - exclusive place of jurisdiction is the seat of the operator. This also applies to the case that the guest as a non-merchant fulfills the requirement of § 38 para. 2 ZPO and in
Has no general place of jurisdiction, domicile after conclusion of the contract or habitual residence from the Federal Republic of Germany or his place of residence or the operator is not aware of the usual place of residence at the time the lawsuit was filed.
7.3 German law applies exclusively to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods.
8. Data protection
The operator is entitled to receive those obtained in connection with the business relationship Data about the
guest - even if they come from third parties - in the sense of Federal Data Protection Act to edit and save and by the operator have commissioned third parties edit and save them.
Ingo Hanneforth | Epkes Kamp 9 | 33334 Gütersloh
Telephone +49 5241- 25275
VAT ID. : DE