General standard terms and conditions for a tenancy agreement of a room/apartment at local recreational area Arnumer See GmbH & Co. KG
1. The tenancy agreement will come into force through written registration and after a confirmed acceptance (Fax or e-mail is sufficient) from the landlady. The rented facilities correspond to the descriptions in the prospect. The lessee is obliged to pay the rent interest according to the listed rates in advance. Any further service and usage prices have to be paid according to the currently valid price list.
The prices quoted include the statutory value added tax applicable at the time the service was provided.
2. For persons using the lessor‘s ground in front of or within the local recreational area applies the following:
(a) The registration must take place subsequently without delay.
(b) If the lessor denies the application the ground user has to leave immediately. The lessor is justified to demand user charges according to the valid price list and a lump sum of 25,00 € for unauthorized use of the grounds as well as a lump sum of 50,00 € for official inquiries and other similar acts with a view to verifying a person’s identity. Claims for damages are not excluded.
3. For magnet gate cards and/or keys, as far as they are handed to the lessee, the lessee has to supply the lessor with an interest-free security deposit in cash. In case the handed goods are not given back by the time the tenancy agreement ends the full amount of the deposit remains with the lessor.
4. The site regulation is part of the tenancy agreement. The regulation is visibly displayed (reception, internet). In case of breach of the regulation the tenancy agreement can be cancelled immediately or the user is banned from driving at the grounds and keys and/or magnetic card for the gate are confiscated. The lessee however is not justified to cancel the tenancy agreement or to reduce the rent.
5. The leased property is handed to the lessor without any liabilities concerning size, quality and state. The exclusion of liability is also valid in case of noises, dirt, smell and weather conditions such as storm, hail, snow, floods and their consequences as well as in case of wild animals. The property is located within the area of the local holiday area (camping site). The use of the lake is at the user‘s risk.
6. The lessor does not assume any liabilities for the lessee in case of damages arising of or in connection with the influence of other lessors or third parties or their goods (§701 BGB). The lessee must free the lessor from any compensation of damaged goods that third parties, the lessee, relatives, visitors, the local holiday area or vehicles of any kind may have caused.
7. Reservations are only binding in case of a written confirmation by the lessor.
8. The lessee can withdraw from the contract at least 3 months prior to the beginning of the rental period without paying any fees. In case of later withdraws the following damage fess/lump sums apply:
up to 45 days prior start of the rental period: 10% of the total agreed sum
up to 30 days prior start of the rental period: 50% of the total agreed sum
up to 14 days prior start of the rental period: 80% of the total agreed sum
But no less than 50.00 € administration fee have to be paid, even if a spare tenant is nominated.
The lessor recommends taking out a travel cancellation insurance to defend the lessee from the costs of withdrawal when cancelling the journey in case of death, accident or sudden illness of the lessee or his relatives.
9. Latest check-in time is 18.00h; latest check-out time is 11.00h. Different times have to be agreed on with the lessor. If check-out is late a compensation fee amounting to the rent must be paid.
10. The lessor is justified to terminate the contract without notice in case of breach against the site regulations or in case proper instructions of the lessor or of the staff are refused by the lessee or in case due rent, additional renting costs, usage fees and/or insurance benefits are unpaid.
11. Animals are only allowed on the camping ground if the lessor agrees to that. The site regulation must be followed strictly.
12. Should individual terms of this contract be or become inoperative, the affected terms are replaced with terms in the law, that approaches affected terms as close as possible. This will not affect the remaining terms of this contract.
13. To the extent legally permissible, the venue in respect of all and any disputes emerging from this agreement shall be Hanover. The place of performance is Hanover. German law applies.
General standard terms and conditions for the rental of a pitch for day campers at the local recreational area Arnumer See GmbH & Co. KG.
1. Contract / Due payments / Arrears / Further attainments
(a) The tenancy agreement will come into force through written registration and after a confirmed acceptance (fax or e-mail) from the landlady. The rented facilities correspond to the descriptions in the prospect and on the homepage respectively.
(b) If the lessor denies the application the ground users have to leave place immediately. Moreover the lessor is allowed to ask for entry fees according to the valid price list.
(c) The lessee receives a magnetic card for the gate over the renting period.
(d) The lessee must pay the rent in advance in accordance with the valid price list when checking in. The rent is calculated on a daily or monthly basis.
(e) The lessee shall be in default without warning when he does not pay the rent on the day of arrival.
(f) For any further attainments and usages the fee according the valid price list has to be paid. Persons entering the lessor‘s ground in front or within the camping area without registration must register immediately.
(g) The prices quoted include the statutory value added tax applicable at the time the service was provided.
2. Site Regulation
The site regulation represents an essential part of the contract. The site regulation is visibly displayed (reception, internet). Any breach of regulation may lead to the termination of the lease agreement. The lessee is committed to vacate the pitch and to leave the camping area immediately.
3. Hand-over / Liabilities
(a) The handover of the pitch is made without any reliance on size, quality and condition. The liability exclusion is also valid in case of impacts due to noises, dirt, smell and weather conditions like storm, hail, snow, floods and resulting consequences as well as wild animals. The pitch is situated within a camping area. The lessee may use the sea at his own risk.
(b) The lessor does not accept any liability whatsoever with respect to any damage to the lessee, that were incurred by other lessees or a third-party (§ 701 BGB). The lessee has to exempt the lessor from any counter-claims from third-parties, incurred by the lessor, relatives, visitors, and the recreational facility or by vehicles of any kind.
4. Reservation / Cancellation
(a) The reservation contract will only be effective in case of express written confirmation by the lessor.
(b) The lessee may rescind the contract at any time before the commencement of the travel. The declaration of the cancellation must be provided in written form, by fax or e-mail, up to one day prior arrival.
(c) For groups of 6 or more people applies the following:
In case of no show, late arrival, shortening or early departure the contractual remuneration has to be paid in a full-contribution for duration of up to 2 days and for each additional day 50% of the full price.
(a) Latest check-in time is 20.00h; check-out time is 11.00h. Any variations have to be arranged with the lessor in advance.
(b) In case of late check-out a further compensation fee of a daily rate has to be paid. The effects of § 545 BGB (implicit renewal of the rental contract after the expiration of the renting time) are excluded.
The lessor is allowed to employ the rights to termination without notice in case the lessee has breached the site regulations, does not comply with the lessor‘s and it‘s staff‘s instructions or does not pay outstanding rent, additional property expenses, usage fees and as the case may be insurance benefits.
7. Animals / Fishing
(a) Animals are only allowed on the ground if the lessor agrees.
(b) Fishing is only allowed with fishing permit and prior authorization for consideration by the maintenance staff. The site regulations must be followed carefully.
8. Severability clause
Should individual terms of this agreement be ineffective or lose their effectiveness due to later circumstances or should a loophole emerge in this agreement, the legal effectiveness of the other provisions is not affected. The invalid contractual provision shall be replaced or the loophole filled by an appropriate provision which comes as close as possible to what the parties to the agreement would have wanted. This does not affect the validity of the remaining provisions or the validity of the contract.
9. Place of Jurisdiction / Place of fulfillment / Applicable law
(a) To the extent legally permissible, the venue in respect of all and any disputes emerging from this agreement shall be Hanover..
(b) The place of performance is Hanover.
(c) German law applies.
Characters: GB/OS Revision 05/30/2013