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Terms & Conditions

Dear Sir or Madam,

In accordance with the GDPR, we are currently revising our terms and conditions. You can see these shortly. Until then  the existing terms and conditions only apply to a limited extent. Please contact us.

 

GUEST ADMISSION AND AGENCY CONDITIONS

the tourist information offices, hereinafter referred to as intermediaries, provide accommodation in hotels, inns, guest houses, private rooms via the booking system of the Tourismusgesellschaft Flusslandschaft Elbe GmbH, Schlossstrasse 10, 21354 Bleckede, hereinafter referred to as "FEG". and holiday apartment landlords, hereinafter abbreviated to "host", according to the current offer. The following conditions, if effectively agreed, are the content of the guest accommodation contract between the guest and the host in the event of a booking and regulate the contractual relationship between the guest and in addition to the statutory provisions the host and the intermediary activities of the intermediaries, so please read these terms and conditions carefully.


1.     Position of the FEG

1.1. Unless otherwise expressly agreed, the FEG only acts as an intermediary.

1.2. It is not liable for the information provided by the host, services and service disruptions with regard to the services to be provided by the host.

1.3. The FEG is also not liable for any liability of  Agency from the agency contract.

2.     Conclusion of contract

2.1. With the booking, the guest offers the host a binding conclusion of the guest accommodation contract. The basis of this offer is the description of the accommodation and the additional information in the basis of the booking (e.g. description of the location, classification explanation) as far as this is available to the customer.

2.2. Information in hotel guides and similar directories that are not published by the agency or the host are not binding for the host and his service obligation, unless they have been made part of the service obligation of the host by express agreement with the guest.

2.3. The booking can be made verbally, in writing, by telephone, fax or electronically (e-mail, internet). In the case of electronic bookings, receipt of the booking is immediately confirmed electronically to the guest.

2.4. The guest booking for fellow travelers or other clients of the booking (companies, associations, group managers) are responsible for all contractual obligations of booked guests for whom the booking is made, as for their own, provided that they express this obligation through express and have adopted a separate declaration. 

2.5. The contract is concluded with the receipt of the declaration of acceptance, which does not require any form, with the result that verbal and telephone confirmations are legally binding for the guest and the host. As a rule, the host or, as his representative, the agency - will also send the guest a written copy of the booking confirmation. 

3rd     Reservations

3.1. Non-binding reservations that entitle you to withdraw free of charge are only possible with a corresponding express agreement with the agency or the host.

3.2. If a non-binding reservation has been agreed, the guest / client must notify the agency by the agreed time if the reservation is to be treated as a binding booking. If this does not happen, the reservation does not apply without any further notification of the exchange or the host. If the notification is made on time, the booking becomes binding regardless of any booking confirmation that may still be issued by the agency or the host.

4th     Prices and services, price increases

4.1. The prices stated in the prospectus are final prices and include the statutory value added tax and all ancillary costs, unless otherwise stated with regard to the ancillary costs. In principle, they apply per person and overnight stay / breakfast, in the case of holiday apartments / houses per night and unit. The visitor's tax as well as charges for consumption-based services (e.g. electricity, gas, water, firewood) and for optional and additional services can be incurred and shown separately.

4.2. The services owed by the host result exclusively from the content of the booking confirmation in connection with the valid prospectus or property description as well as from any additional agreements expressly made with the guest / client. The guest / client is recommended to make additional agreements in writing.

5.     payment

5.1. The maturity of the down payment and the final payment is based on the regulation made with the guest or the client and noted in the booking confirmation. If a special agreement has not been made, the entire price of accommodation, including the fees for ancillary costs and additional services, is due and payable to the host at the end of the stay.

5.2. Even without an express note in the booking confirmation, the host can request a deposit of 10% of the total price.

5.3. Payments in foreign currencies and by crossed check are not possible. Credit card payments are only possible if this has been agreed or is generally offered by the host through a notice. Payments at the end of your stay are not possible by bank transfer.

6th     Cancellation and no-show

6.1. In the event of a no-show, the host remains entitled to payment of the agreed price of the stay, including the meals and the fees for additional services. 

6.2. The host must endeavor to use the accommodation for other purposes in the course of his normal business operations, without any obligation to make any special efforts and taking into account the special nature of the booked accommodation (e.g. non-smoking room, family room).

6.3. The host has to have a different occupancy and, if this is not possible, offset saved expenses.

6.4. If the guest withdraws from the travel contract before the start of the trip, the host can demand the following flat-rate compensation in accordance with Section 651 i Para. 3 BGB:
     In the event of withdrawal 30 days before the start of the journey, 10% of the agreed travel price    
     In the event of cancellation 10 days to 4 days before the start of the journey, 50% of the agreed travel price
     In the event of cancellation 2 to 3 days before departure, 75% of the agreed travel price
     In the event of cancellation 1 day before the start of the journey, 80% of the agreed travel price

6.5. The guest / client expressly reserves the right to prove to the host that his saved expenses are significantly higher than the deductions taken into account above, or that the accommodation services have been used for other purposes. In the case of such proof, the guest or the client are only obliged to pay the correspondingly lower amount.

6.6. We strongly recommend that you take out travel cancellation insurance. 

6.7. The declaration of withdrawal is to be sent to the host, not to the agency, and should be made in writing in the interests of the guest.

7th     Arrival and departure

7.1. The guest must arrive at the agreed time, without any special agreement, by 6:00 p.m. at the latest.

7.2. The guest is obliged to not notify the placement office of any delay by the agreed arrival time at the latest. If notification is not made in due time, the host is entitled, but not obliged, to occupy the accommodation elsewhere.

7.3. The guest is obliged to vacate the accommodation at the agreed time, without a special agreement at the latest by 12:00 noon on the day of departure. If the accommodation is not vacated on time, the host can demand a corresponding additional payment. The right to assert further damage is reserved.

8th.     Obligations of the customer, termination by the host

8.1. Unless otherwise agreed, the accommodation can only be used by the guest for whom it was booked. Any other occupancy, in particular subletting, in the case of commercial clients, in particular the transfer of accommodation allotments, is not permitted.

8.2. The guest is obliged to treat the accommodation and its facilities, as well as all facilities of the accommodation facility itself, only as intended, as far as it is available (e.g. swimming pool and sauna) in accordance with the usage regulations and overall with care.

8.3. The guest is obliged to notify the host immediately of any defects and malfunctions and to request remedial action. A notification of defects that is only given to the agency is not sufficient. If the notification of defects is culpably omitted, the guest's claims may be wholly or partially void.

8.4. The guest can only terminate the contract in the event of significant defects or disruptions - the right to withdraw according to § 651i BGB remains unaffected. He has to give the host a reasonable period of time to remedy the problem in the context of the notification of defects, unless the remedy is impossible, is refused by the host or the immediate termination is objectively justified by a special interest of the guest recognizable to the host For such reasons, the guest cannot reasonably be expected to continue their stay.

8.5. Bringing pets into the accommodation and accommodating them is only permitted in the case of an express agreement in this regard, if the host provides for this possibility in the advertisement. In the context of such agreements, the guest is obliged to provide truthful information about the type and size. Violations of this can entitle the host to extraordinary termination of the guest accommodation contract.

8.6. The host can terminate the guest accommodation contract without observing a period of notice if, despite a warning from the host, the guest persistently disrupts the host's operations or the implementation of the stay or if he behaves in breach of the contract to such an extent that the immediate cancellation of the contract is justified. is made. If the host cancels, the provisions in section 6 apply accordingly to the host's claim for payment.

9.     Limitation of Liability

The host is not liable for service disruptions in connection with services that are recognizable as external services for the guest / client during the stay (e.g. sporting events, visits to the theater, exhibitions, etc.). The same applies to third-party services that are already arranged together with the booking of the accommodation, insofar as these are expressly marked as third-party services in the advertisement or the booking confirmation.

10.     Statute of limitations

10.1. Contractual claims of the guest / client against the host or the agency from injury to life, limb or health, including contractual claims for compensation for pain and suffering, which are based on their negligent breach of duty or an intentional or negligent breach of duty by their legal representatives or vicarious agents, expire in three Years. This also applies to claims for compensation for other damages based on a grossly negligent breach of duty by the host or the agency or on an intentional or grossly negligent breach of duty by their legal representatives or vicarious agents.

10.2. All other contractual claims become statute-barred within the statutory limitation period.

10.3. The statute of limitations according to the above provisions begins at the end of the year in which the claim arose and the guest / client of circumstances that justify the claim and the host or the agency as a debtor become aware of or would have to gain knowledge without gross negligence . 

10.4. If negotiations are pending between the guest and the host or the agency about asserted claims or the circumstances giving rise to the claim, the statute of limitations is suspended until the guest or host or the agency refuses to continue the negotiations. The aforementioned limitation period of one year comes into effect at the earliest 3 months after the end of the suspension.

11.     Choice of law and place of jurisdiction

11.1. German law applies exclusively to the contractual relationship between the guest or the client and the host or the agency. The same applies to the other legal relationship.

11.2. The guest or the client can only sue the host or the switching center at their headquarters.

11.3. The customer's place of residence is decisive for lawsuits brought by the host or the agency against the guest or the client. For lawsuits against guests or clients who are merchants, legal entities under public or private law or persons who have their place of residence / business or habitual residence abroad, or whose residence / business address or habitual residence is not at the time the action is brought is known, the seat of the host is agreed as the place of jurisdiction.

11.4. The above provisions do not apply  if and to the extent that non-mandatory provisions of the European Union or other international provisions that are applicable to the contract are applicable. 
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Mediating tourism offices are:

Biosphaerium Elbtalaue GmbH
Schlossstrasse 10, 21354 Bleckede
Telephone: 05852  9514 14,
Fax: 05852 9514 99
Email: info@biosphaerium.de
Homepage: www.biosphaerium.de 

Tourist information for the Dahlenburg municipality,
Am Markt 17, 21368 Dahlenburg
Telephone: 05851 86 28,
Fax: 05851 86 40
Email: tourist-info@dahlenburg.de,
Homepage: www.dahlenburg.de 

Tourist information for the municipality of Scharnebeck,
Adendorfer Str. 46, 21379 Scharnebeck
Telephone: 04136 907 7500,
Fax: 04136 907 7590
Email: tourismus@scharnebeck.de
Homepage: www.scharnebeck.de 

Guest house,
Am Markt 5, 19273 Neuhaus 
Phone: 038 841 207 47,
Fax: 038 841 759 643
Email: info@hausdesgastes-neuhaus.de,
Homepage: www.amt-neuhaus.de

Tourist Information Winsener Elbmarsch,
Schlossstrasse 11 / Marstall
Telephone: 04171 66 80 75,
Fax: 04171 55 81 33
Email: touristinfo@stadt-winsen.de,
Homepage: www.winsen.de

Provision of the booking system by
Tourismusgesellschaft Flusslandschaft Elbe GmbH,
Industriestraße 10, 21354 Bleckede
Telephone: 05852  9519 88 0,
Fax: 05852 95 19 88 8
Email: info@erlebnis-elbe.de,
Homepage: www.erlebnis-elbe.de

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