General terms and conditions

The following general terms and conditions (“GTC”) apply to all reservations of all properties for accommodating guests and holding events as well as all other services and deliveries provided by AZUR Freizeit GmbH, Zettachring 6, 70567 Stuttgart (“AZUR” or “operator”). These general terms and conditions are accepted by you upon completion of the booking and become part of every contract. Conflicting or deviating contract terms of a guest or organizer are generally only accepted if agreed in writing before the contract is concluded.

We reserve the right to change the general terms and conditions at any time due to changed circumstances.

1. Conclusion of contract

1.1

a) The basis for our offer is the description of the accommodation and the additional information in the booking basis (e.g. classification explanations), insofar as these are available to the guest when booking.

b) In accordance with the legal obligation, you are informed that, in accordance with the statutory provisions (Section 312g (2), Section 1, Section 9 BGB), there is no right of withdrawal for guest accommodation contracts concluded through letters, catalogues, telephone calls, telephones, e-mails, messages sent via mobile services (e.g. SMS) and radio and telemedia, but only the legal regulations on non-use of rental services (§ 537 BGB).

Details are set out below under point 5.

However, there is a right of withdrawal if the guest accommodation contract has been concluded outside of business premises, unless the oral negotiations on which the conclusion of the contract is based on a previous order by you as a consumer. In the latter case, there is also no right of withdrawal.

When booking by associations, travel groups, associations, companies, authorities and institutions, the contractual partner of the guest accommodation contract and payer is exclusively the latter, not the individual guest, unless they expressly make or have made the booking as a legal representative on behalf of and by proxy of the respective guest.

Customers who book for fellow travelers are, like them, responsible for all contractual obligations of these guests. Such customers or clients booking for accompanying travelers are also included below by the term “guest”.

1.2

The following also applies to bookings made orally, by telephone, in writing, by e-mail or fax:

a) The contract is concluded upon receipt of the declaration of acceptance (booking confirmation) by the guest. It requires no form, so that oral and telephone confirmations are also legally binding for the guest.

b) As a rule, however, AZUR will also send the booking confirmation in text form. Oral or telephone bookings made by the guest, subject to a corresponding binding or telephone confirmation from AZUR, result in the conclusion of a binding contract even if the guest does not receive the corresponding additional copy of the booking confirmation in text form.

c) If AZUR makes a special offer to the guest in response to the guest's request, this is a binding contract offer. In these cases, the contract is concluded without the need for a corresponding confirmation by AZUR if the guest accepts this offer within a period of time specified in the offer without restrictions, changes or extensions by express declaration, down payment, final payment or use of the accommodation.

1.3

In the case of online bookings made via a website, which shows both availability and the entire booking price online, the following applies to the conclusion of the contract:

a) After the customer has entered his service requests (travel time, number of participants, travel period, object, service details, etc.), the online booking route shows the customer information on the services and prices of the available capacities.

b) On the basis of this information, after checking availability and completing a booking form with the customer's contact details, the customer can then submit a binding contract offer by sending the registration form.

c) By confirming the “Book with obligation to pay” button, the guest submits the booking order. The contract is accepted when AZUR issues a booking confirmation.

d) Submitting the registration form by pressing the “Book with obligation to pay” button does not give rise to a guest accommodation contract in accordance with their booking details.

Instead, AZUR is free to decide whether or not to accept the guest's contract offer.

Here too, the contract is concluded exclusively when the guest receives the booking confirmation from AZUR.

1.4

The guest is not entitled to a specific property. Requests will be taken into account as far as possible.

1.5

Young people under 18 years of age who are unable to provide a written declaration of consent from their parent or legal guardian may only stay at the campsite when accompanied by an adult supervisor. If there is no declaration of consent or if no supervisory person is present, AZUR can rent the property to others without any obligation to pay compensation, even if a booking confirmation has been issued.

2. Prices and services

2.1

The prices stated in the booking basis are final prices and include statutory value added tax and all additional costs, unless otherwise stated with regard to additional costs. There are separate and additional tourist tax as well as charges for services billed based on consumption (e.g. electricity, gas, water, firewood, etc.) and for optional and additional services, e.g. from third-party providers, which are only used locally.

2.2

The services owed by AZUR result exclusively from the content of the booking confirmation, the information on the accommodation and the services in the booking basis and from any additional written agreements expressly made with the guest.

3rd payment

3.1

The due date of deposit and final payment is based on the agreement made between the guest and AZUR and noted in the booking confirmation. Unless stated there, the following applies:

3.2

When booking, a deposit is due upon conclusion of the contract. The amount of the deposit varies depending on the tariff, service, property and length of stay as well as the time of reservation and can amount to up to 100% of the booking amount.

3.2.1

In the camping flex rate, the deposit is 30% of the total price at the time of booking, but at least €50.00.

3.2.2

In the savings rate for camping, the deposit is 100% of the total price at the time of booking.

3.3.1

Pods, barrels (XXL) and bike lodges: Here, the deposit is 100% of the total price at the time of booking.

3.3.2

Wood lodges, mobile homes and nature lodges: Here, the deposit is 30% of the total price at the time of booking. The remaining payment or the remaining amount will be charged to the credit card no later than four weeks before the start of the stay.

3.4

In certain cases, contrary to the above points, the total price may be due upon conclusion of the contract (receipt of booking confirmation), provided that the customer has submitted his binding booking declaration in knowledge of these deviating payment conditions.

3.5

If no special agreement has been made, the total price, including charges for additional costs and additional services at the end of the stay minus down payment, is due and payable to AZUR on the day of departure at the latest.

3.6

Payments cannot be made in foreign currencies, but only in EUR. Only credit card payments are accepted from those card providers offered by AZUR for payment, currently Visa and MasterCard. Payments at the end of stay are not possible through bank transfers.

3.7

If, despite a reminder with a reasonable deadline, the guest does not make an agreed down payment or not in full within the specified period, AZUR, insofar as it is willing and able to provide the contractual services itself and insofar as there is no legal or contractual right of retention on the part of the guest, is entitled to withdraw from the contract with the guest and to demand cancellation costs from him in accordance with Section 5 of these provisions.

4. Arrival and departure

4.1

The guest can arrive from 15:00 and must arrive no later than 18:00 on the day of arrival.

4.2

For later arrivals, the following applies:
a) The guest is obliged to notify AZUR no later than 18:00 on the day of arrival if he arrives late or does not want to receive the booked service until the following day for stays of several days.
b) If there is no timely notification, the accommodation provider is entitled to otherwise occupy the accommodation or parking space for the entire booking period. For the period of non-occupancy, the accommodation charges agreed with the booking will be charged from the booked day of arrival

4.3

Departure must take place at the agreed time, without special agreement by 10:00 a.m. on the day of departure. If eviction is not carried out in due time, AZUR may charge for an additional night. AZUR reserves the right to claim further damage. A right to use the accommodation facilities after 10:00 on the day of departure only exists if an agreement has been made with the accommodation provider on a case-by-case basis (late check-out subject to payment).

5. Withdrawal and no-show

5.1.

In the event of cancellation or failure to show up by the guest, AZUR remains entitled to the agreed price of the stay, including any meal and charges for additional services. This does not apply if the guest has been granted a free right of withdrawal in writing by AZUR in individual cases and AZUR receives the guest's declaration of the exercise of this free right of withdrawal, which does not require any specific form, in due time.

5.2.

As part of its normal business operations, without obligation to make any special efforts and taking into account the specific nature of the booked service, AZUR shall endeavour to use the accommodation for other purposes in the event of cancellation and no-show.

5.3.

Insofar as another occupancy is possible for the period booked by the guest, AZUR will have the income from such alternative occupancy offset against its claim in accordance with Section 5.1, as far as this is not possible, saved expenses.

5.4.

According to the percentages recognized by case law for calculating saved expenses, the guest is obliged to pay the accommodation provider the following amounts, in each case based on the total price of the accommodation services or the booked camping services, including all ancillary costs, but without taking into account spa fees:

5.4.1 when booking holiday accommodation in accordance with section 3.3.2:
a) up to 42 days before arrival: 15%
b) up to 28 days before arrival: 30%

c) up to the day before arrival: 80%
d) on the day of arrival and in case of no-show 100%

5.4.2 for bookings for camping stays with a deposit and holiday accommodation in accordance with section 3.3.1:

b) up to 42 days before arrival: no cancellation fee
c) up to 28 days before arrival: 30%

d) By the time the arrival is presented: 80%

e) on the day of arrival and in case of no-show; 100% (minimum €50.00)

5.4.3 For bookings for camping stays and special rates (e.g. “4 for 3”) with 100% advance payment minus an advance payment discount in accordance with section 3.3.2, there is a 100% cancellation fee.

5.5

In certain cases, contrary to point 6.4, a different cancellation rate may be applied, provided that the customer has submitted his binding booking confirmation in knowledge of these deviating conditions.

5.6

The guest expressly reserves the right to prove to the accommodation provider that the saved expenses are significantly higher than the deductions to be taken into account above or that the accommodation services or other services have been used in another way. In the event of such proof, the guest is only obliged to pay the correspondingly lower amount.

5.7

The guest is strongly recommended to take out travel cancellation insurance or another cancellation protection package.

5.8

The cancellation notice must be submitted directly in text form for all bookings.

6. Operator's right of withdrawal

AZUR may withdraw from the contract for special reasons or terminate it after setting a deadline for the guest to refrain from certain actions. The right of termination applies in particular if force majeure or circumstances for which AZUR is not responsible make it impossible to fulfill the contract.

This applies in particular if the use of the service impairs business operations, the safety and peace of other guests or the reputation of the operator. AZUR is also entitled if the guest or organizer (club, travel group, party, association, company, authorities, legal entities) becomes insolvent or the purpose or reason of the stay is reputationally damaging or illegal.

7. Obligations of the guest; termination by the guest

7.1

The guest is obliged to comply with the house and campsite rules, which are part of this contract and which can be viewed on the Internet or for which there was a reasonable opportunity to become aware of them on the basis of appropriate information. On request, the camping regulations can be given to the guest at the campsite.

7.2

The guest is obliged to immediately report any deficiencies and faults to the administration of the respective site and to request a remedy. If the guest culpably fails to report this defect, the guest's claims against AZUR may be waived in whole or in part.

7.3

The guest can only cancel the contract in the event of significant defects or disruptions. In doing so, he shall set AZUR a reasonable period of time to remedy the defect in advance, unless the remedy is impossible, denied by AZUR or the immediate termination is objectively justified by a particular interest of the guest apparent to AZUR, or the continuation of the stay is objectively unacceptable for the guest for such reasons.

7.4

The guest is aware that the respective AZUR facility only has normal household connections for electricity and water. The user undertakes to purchase electricity and water exclusively in normal household form and to exclude any form of network congestion.

7.5

Pets may only be brought with the prior consent of the operator and for an additional fee (fee). It is the guest's responsibility to clarify this before booking. The taking of dangerous or fighting dogs or listed dogs in accordance with the Fighting Dogs Ordinance is expressly and strictly prohibited. The guest is obliged to properly keep an animal brought along during their stay and not leave it unattended on the premises. Pets may not be taken into sanitary facilities or other public spaces (recreation room, lounge, kitchen). The guest is required to provide truthful information about the type and size of the pet. Violations of this may entitle AZUR to extraordinary termination of the guest accommodation contract. It is recommended to take out pet owner liability insurance. The fee for bringing pets is to be paid separately by the guest in accordance with the booking and payment conditions for the respective booked services.

7.6

The guest is liable for all culpably caused damage in connection with the use of the campsite. He is also liable for damage caused culpably to his family members and visitors. Several guests are jointly and severally liable.

8. Liability limitation

8.1

AZUR's liability under the guest accommodation contract in accordance with Section 536a BGB for damages that do not result from injury to life, limb or health is excluded unless it is based on an intentional or grossly negligent breach of duty by AZUR or one of the legal representatives or vicarious agents of AZUR.

8.2

The accommodation provider's possible guest management for items brought in in in in accordance with Sections 701 et seq. of the German Civil Code remains unaffected by this provision.

8.3

AZUR is not liable for service disruptions in connection with services that are clearly not provided by AZUR during the stay as third-party services, but are simply arranged (e.g. trips, guided hikes, outdoor sports activities, sports and fitness programs, tickets, tickets for transportation services, sporting events, theatre visits, exhibitions, etc.). This also applies to third-party services that are already arranged by the operator together with the booking of accommodation, insofar as these are expressly marked as third-party services in the tender or booking confirmation.

9. Alternative dispute resolution; choice of law and place of jurisdiction

9.1

With regard to the Consumer Dispute Resolution Act, AZUR points out that AZUR does not currently participate in voluntary consumer dispute resolution. If participation in a consumer dispute resolution facility becomes mandatory for AZUR after these conditions have been printed, the guest will be informed of this in an appropriate form. For all brokerage and hospitality contracts concluded in electronic legal transactions, the European online dispute resolution platform http://ec.europa.eu/consumers/odr/ pointed out.

9.2

The contractual relationship between AZUR and the guest is exclusively governed by German law. The same applies to the other legal relationship.

9.3

The registered office of the company (AZUR) is decisive for lawsuits brought by the guest against AZUR.

9.4

For lawsuits brought by AZUR against the guest, the guest's place of residence is decisive. For lawsuits against guests who are merchants, legal entities under public or private law or persons who have their domicile/place of business or habitual residence abroad, or whose place of residence or habitual residence is unknown at the time the action is brought, the registered office of the company (AZUR) is agreed as the place of jurisdiction.

9.5

The above provisions do not apply if and to the extent that indelible provisions of the European Union or other international provisions apply to the contract.

10. Validity of the General Data Protection Regulation (GDPR)

AZUR stores and processes the guest's data, including name, first name, address, date of birth, length of stay, invoice and account details, for business reasons and stores this data electronically within the framework of tax and other legal retention periods. This is currently at least six years from the end of the year of residence or, if a legal dispute must be settled, from the end of the year of the final conclusion of the same.

The guest has the right at any time, if legally permissible, to request the deletion of their data and to receive information within the framework of the GDPR.