General terms and conditions
outdoor inn GmbH & Co. LIMITED PARTNERSHIP
Sternwartestr. 18 f
96515 Sunny Mountain
1.1 These terms and conditions apply to contracts of the entire company. Among other things, the:
- a) rental of guest rooms, conference, banquet and event rooms, as well as all other services and deliveries of the Company provided to the Customer in this context.
- b) Planning, organization and implementation of outdoor activities, events, incentives and group offers.
1.2 The subletting or reletting of the rooms, spaces or areas provided as well as their use for other purposes require the prior consent of the Contractor in text form.
1.3 If the event has a political, religious or other character that could possibly affect the interests of the company or its reputation, the contractual partner undertakes to inform the company of this immediately and without being asked. Advertising measures and publications, including newspaper advertisements, which have a reference to the company, always require the express written consent of the company. If the contractual partner violates these obligations, the company has the right to cancel the event.
1.4 Terms and conditions of the contractual partner shall only apply if they have been expressly agreed in writing.
- Conclusion of contract, contracting parties, limitation period
2.1 Contractual partners are the company and the customer. The contract is concluded by the acceptance of the customer's application by the company. The company is free to confirm the booking in text form.
2.2 All claims against the Company shall generally become time-barred one year after the statutory commencement of the limitation period.
This shall not apply in the case of claims for damages and other claims, provided that the latter are based on an intentional or grossly negligent breach of duty on the part of the company.
2.3 If the Customer/Orderer is not the Organizer itself or if a commercial intermediary or organizer is engaged by the Organizer, they shall be jointly and severally liable with the Organizer for all obligations arising from the contract.
- Services, prices, payment
3.1 The company is obliged to keep ready the rooms and premises booked by the customer and to provide the agreed services.
3.2 The Customer is obligated to pay the Company's agreed prices for these services. This also applies to services and expenses of the company to third parties in connection with the event.
Ancillary agreements require express confirmation. We reserve the right to declare a change in services for factually justified, significant and unforeseeable reasons before conclusion of the contract, of which the traveler will of course be informed before booking. Changes that become necessary after conclusion of the contract and that were not brought about by the organizer contrary to good faith are only permitted insofar as the change is not significant and does not affect the overall nature of the booking. Any warranty claims remain unaffected insofar as the changed services are defective.
3.3 Unless expressly stated otherwise, the agreed prices include the taxes and local charges applicable at the time of conclusion of the contract.
In the event of a change in the statutory value added tax or the introduction, amendment or abolition of local levies on the subject of performance after conclusion of the contract, the prices shall be adjusted accordingly.
3.4 Invoices of the company are due for payment immediately upon receipt without deduction. If payment on account has been agreed, payment shall be made without deduction within ten days of receipt of the invoice, unless otherwise agreed.
3.5 The Company shall be entitled to demand a reasonable advance payment or security deposit from the Customer upon conclusion of the contract, for example in the form of a credit card guarantee or advance payment. The amount of the advance payment and the payment dates may be agreed in text form in the contract. In the event of default of payment by the customer, the statutory provisions shall apply.
3.6 House, room or room changes are reserved by the company.
3.7 The Customer agrees that the invoice may be sent to him electronically.
- Withdrawal of the customer
4.1 The customer may withdraw from the contract at any time. The date of receipt of the written notice of withdrawal by the company shall be decisive. We can demand compensation for our expenses or the loss of income, which is calculated according to the following breakdown according to the proximity of the time of withdrawal to the start of the trip as a percentage of the travel price:
4.1.1. valid for Sporthotel Steinach
- 30 - 15 days before departure 25%
- 15 - 4 days before departure 50%
- from 3 days before departure 90%
4.1.2. valid for Lodge Sonneberg
- after booking 25%
- up to 60 - 30 days before departure 50%
- from 30 - 5 days before departure 75%
- from 5 days before departure 90
4.1.3. valid for tickets in the golf climbing park
- after booking 100 %
- Appointment rescheduling or value vouchers possible by arrangement
4.1.4. valid for Class or group trips/events and other events
- after booking 25%
- up to 60 - 30 days before departure 50%
- from 30 - 5 days before departure 75%
- from 5 days before departure 90
4.2 Cancellation fees of other service providers included in the offer (hotels, catering, bus, etc.) may differ from this breakdown. In this case, the terms and conditions of the respective service providers apply to the customer.
4.3 If the Company and the Customer have agreed on a date for withdrawal from the contract free of charge, the Customer may withdraw from the contract until that date without triggering payment or damage compensation claims by the Company.
4.4 If a right of withdrawal has not been agreed or has already expired, if there is also no statutory right of withdrawal and if the company does not agree to a cancellation of the contract, the company shall retain the claim to the agreed remuneration despite the non-utilization of the service. The company has to take into account the income from other renting of the rooms or booking of services as well as the saved expenses.
If the rooms are not otherwise rented, or services booked, the company may make a flat-rate deduction for saved expenses. In this case, the customer is obliged to pay 90% of the contractually agreed price for overnight stays with or without breakfast as well as for package arrangements with third-party services, 70% for half-board and 60% for full-board arrangements. The customer is free to prove that the aforementioned claim did not arise or did not arise in the amount demanded.
For events that deviate from standard programs and represent a significant additional effort in planning and preparation, we reserve the right to compensation up to a maximum of 50% of the price in case of cancellation of the booking. This applies regardless of the above outline. If you make changes after booking, we can claim compensation for any additional costs incurred. Rebooking by the customer after the deadline can only be made after withdrawal from the travel contract in accordance with paragraph 4.1 and simultaneous new registration. This does not apply to rebooking requests that only cause minor costs.
4.5 Substitute persons - Until the start of the trip, the customer can request that a third party take his place in the rights and obligations arising from the contract. The organizer can object to this if the third party does not meet special travel requirements or his participation is contrary to legal regulations. If a third party enters into the contract, he and the customer are liable to the organizer as joint and several debtors for any additional costs incurred.
- Resignation of the company
5.1 If it was agreed that the customer can withdraw from the contract free of charge within a certain period of time, the company is entitled for its part to withdraw from the contract during this period if there are inquiries from other customers for the contractually booked rooms, premises, events, services, appointment reservations and the customer does not waive his right to withdraw upon inquiry by the company with a reasonable deadline. This applies accordingly to the granting of an option if other inquiries exist and the customer is not prepared to make a firm booking upon inquiry by the company with a reasonable deadline.
5.2 If an advance payment or security deposit agreed or demanded in accordance with section 3.6 is not made even after a reasonable grace period set by the company has expired, the company shall also be entitled to withdraw from the contract.
5.3 Furthermore, the Company shall be entitled to withdraw from the contract extraordinarily for an objectively justified reason, in particular if
- force majeure, pandemic-related official restrictions or other circumstances for which the company is not responsible make it impossible to fulfill the contract
- rooms, spaces, events, trainer services and appointments are booked culpably under misleading or false information or concealment of essential facts; essential can be the identity of the customer, the solvency or the purpose of stay;
- the Company has reasonable grounds to believe that the use of the service may jeopardize the smooth operation of the business, the safety or the public reputation of the Company without this being attributable to the Company's sphere of control or organization;
- the purpose or reason for the stay is unlawful;
- there is a violation of the above-mentioned item 1.2.
5.4 The justified withdrawal of the Company shall not give rise to a claim for damages on the part of the Customer.
- Changes in the number of participants and the event time
6.1 A change in the number of participants by more than 5% must be communicated to the company at least 5 working days before the start of the event; it requires the company's consent. A minimum number of participants for billing can be agreed in writing in advance.
6.2 A reduction in the number of participants by a maximum of 5 % will be recognized by the company when invoicing. In the event of reductions exceeding this, the originally reported number of participants less 5 % will be used as a basis.
6.3 In case of an upward deviation, the actual number of participants will be charged.
6.4 In the event of deviations in the number of participants by more than 10%, the company is entitled to reset the agreed prices at an appropriate level and to exchange the confirmed rooms, unless this is unreasonable for the contractual partner.
6.5 If the agreed start or end times of the event are postponed without the prior consent of the Company, the Company may charge additional costs for the readiness to perform, unless the Company is at fault.
- Room provision, handover and return
7.1 The customer does not acquire any right to the provision of certain rooms, unless this has been expressly agreed in text form.
7.2 Booked rooms are available to the customer from 15:00 on the agreed day of arrival. The customer has no right to earlier provision.
7.3 On the agreed day of departure, the rooms must be vacated and made available to the company by 11:00 a.m. at the latest. Thereafter, the company may charge 50% of the full accommodation price for the late vacating of the room for its use in excess of the contract until 6:00 p.m., and 90% from 6:00 p.m. onwards. Contractual claims of the customer are not justified by this. The customer is free to prove that the company has no or a significantly lower claim to a usage fee.
7.4 For rooms required outside of an ordered event, for example for dancing and entertainment, the Lodge reserves the right to charge room provision costs.
- Bringing food and drinks
The contractual partner may bring food and beverages to events by arrangement. The company assumes no responsibility for food and beverages brought along. A contribution to cover overhead costs and service can be charged as a lump sum after written agreement.
- Events, actions and recreational facilities
9.1 Participation requirements
Only persons with a valid ticket or booking may participate. A prerequisite for participation or admission to the event site is that the participant does not suffer from any illness, mental or physical impairment that may pose a danger to him/herself or third parties. However, persons with impairments may participate at their own risk, provided that the security personnel have been informed. The participant in question is solely responsible for any special risks associated with a health impairment or pregnancy. Before entering the event area, each participant must carefully read the user rules (when booking online or on site as a copy). By providing his/her personal details and signature, the participant confirms that he/she has taken note of the user rules and agrees to them. Underage participants may enter the venue only with the consent of their legal guardians. Persons under the influence of alcohol or other drugs are not allowed to enter the venue.
Before entering the high ropes course or the start of the actions, each participant must take part in the safety briefing. The access to and use of the high ropes course/action including the use of the safety technique is then entirely the responsibility of the participant. Each participant is also obliged to thoroughly read through and acknowledge the user rules.
9.3 Arrangements of the guides
The instructions of the guides must be followed without restriction. In the event of non-compliance with the instructions of a guide or in the event of sustained disruptions to the course of events, the organizer is entitled to exclude the participant or, if necessary, an entire group from the event with immediate effect. In these cases, there is no right to a refund of the participation fee.
Participation is at your own risk. The operator of the high ropes course/actions is only liable in case of intent or gross negligence. For minors or participants with limited legal capacity, their legal representatives are liable. For them, a written permission of the legal representatives must be presented before the start of the climbing or the event.
Each participant is provided with modern safety equipment. This equipment is the property of the high ropes course and is not transferable to other persons. The participant bears the duty of care for these items. Any damage or abnormalities must be reported directly to the safety staff. The issued safety equipment is to be used exclusively according to the instructions of the staff.
9.6 Force majeure
If the climbing or the event is made difficult or endangered due to force majeure, guides are entitled to decide on the cancellation. If the event is cancelled, there is no right to a refund of the participation fee. If the customer does not use individual services, for whatever reason, no refund of fees will be made.
- Technical setup and connections
10.1 Insofar as the company procures technical and other equipment from third parties for the contractual partner at the latter's instigation, it shall act in the name of, on the authority of and for the account of the contractual partner.
10.2 The contractual partner shall be liable for careful handling and proper return. He shall indemnify the company against all claims of third parties arising from the surrender of these facilities.
10.3 The use of the contractual partner's own electrical equipment using the company's power grid requires the written consent of the company. Any malfunctions or damage to the company's technical equipment caused by the use of this equipment shall be borne by the contractual partner, insofar as the company is not responsible for such malfunctions or damage. The Company may record and charge the electricity costs arising from the use of the equipment on a flat-rate basis.
10.4 Malfunctions in technical or other equipment provided by the company shall be remedied immediately if possible. Payments may not be withheld or reduced insofar as the company is not responsible for these disruptions.
- Official permits
The contracting party must obtain the official permits required for a special event (e.g. for fireworks, fire run, etc.) in good time at its own expense. He shall then also be responsible for compliance with public-law requirements and/or other regulations. Fees payable to third parties for events (e.g. GEMA etc.) shall be paid by the contractual partner directly to the creditor.
- Loss, damage, notes
12.1 The company assumes no liability for loss, destruction or damage to items brought along, except in cases of gross negligence or intent on the part of the company, its legal representative or vicarious agent.
12.2 The Company shall neither be liable for guarding, safekeeping, nor the assumption of insurance coverage or other duties of care for vehicles parked by the Contractual Partner on the Company's property. The use of the parking spaces shall be at the Contractual Partner's own risk.
12.3 Decorative material brought along must comply with the requirements of the fire department. The company is entitled to demand official proof of this. Due to possible damage, the installation and attachment of objects must be coordinated with the company in advance.
12.4 The exhibition or other items brought along must be removed immediately after the end of the event. If the contract partner fails to do so, the company may carry out the removal and storage at the expense of the organizer - for a fee.
12.5 Transport packaging, outer packaging and all other packaging materials brought in shall be disposed of by the contract partner at its own expense. Disposal may be carried out at the contract partner's expense if the contract partner leaves the packaging behind after the end of the event.
12.6 The setting off of fireworks on the company's premises without a state-certified pyrotechnician and without a written permit is prohibited and forbidden. According to the 1st Ordinance to the Explosives Act (SprengV) as amended on 22.12.2011, the burning of private fireworks outside the specified times at the turn of the year requires an exceptional permit. The Thuringian State Office for Occupational Safety and Technical Consumer Protection - Regional Inspection Suhl, Hölderlinstraße 1 in 98527 Suhl is responsible for issuing this permit. b. The burning of sparklers in the hall is prohibited - outdoor only. c. Confetti cannons are only allowed indoors and with paper content (no foil/glitter cannons).
- Liability of the company
13.1 The Company shall be liable for damages resulting from injury to life, body or health for which it is responsible. Furthermore, it shall be liable for other damages based on an intentional or grossly negligent breach of duty by the company or on an intentional or negligent breach of duties typical for the contract by the company. Typical contractual obligations are those obligations that make the proper execution of the contract possible in the first place and on the fulfillment of which the customer relies and may rely. A breach of duty by the company is equivalent to a breach of duty by a legal representative or vicarious agent. Further claims for damages are excluded, unless otherwise provided for in this clause 13. In the event of disruptions or defects in the Company's services, the Company shall endeavor to remedy such upon knowledge thereof or upon immediate complaint by the Customer. The customer is obligated to contribute what is reasonable to him in order to remedy the disruption and to keep any possible damage to a minimum.
13.2 Messages for the customers are handled with care. After prior consultation with the customer, the company can take over the acceptance, safekeeping - and on request - the forwarding of mail and consignments of goods against payment. In this case, the Company shall only be liable in accordance with the above Section 13.1. sentences 1 to 4.
- Ineffectiveness of individual provisions/ Severability clause
Should any provisions of these General Terms and Conditions be or become invalid, this shall not affect the validity of the remaining provisions. Rather, in place of each invalid provision, a substitute provision shall apply which corresponds or at least comes close to the purpose of the agreement, as the parties would have agreed to achieve the same economic result if they had known of the invalidity of the provision. The same shall apply to omissions.
- Final provisions
15.1 Amendments or supplements to the contract, the acceptance of the application or these Terms and Conditions for Events shall be made in writing. Unilateral amendments or supplements by the contractual partner are invalid.
15.2 The place of performance and payment shall be the registered office of the Company.
15.3 The exclusive place of jurisdiction - also for disputes regarding checks and bills of exchange - in commercial transactions shall be the registered office of the hotel. If a contracting party fulfills the requirements of Section 38 (1) of the German Code of Civil Procedure (ZPO) and does not have a general place of jurisdiction in Germany, the place of jurisdiction shall be the registered office of the hotel.
15.4 German law shall apply.
15.5 Should individual provisions of these General Terms and Conditions for Events be invalid or void, this shall not affect the validity of the remaining provisions. In all other respects, the statutory provisions shall apply.
General terms and conditions
for outdoor inn GmbH & Co.KG
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