GENERAL TERMS AND CONDITIONS (GTC) FOR THE RENTAL
Scope of application
1.1 These General Terms and Conditions (hereinafter referred to as “GTC”) apply to all offers, reservations and contracts in respect of all accommodation and pitches as well as other facilities rented out by the following EuroParcs Holiday Parks: As users of these GTC, they are hereinafter uniformly referred to collectively as EuroParcs Holiday Parks and individually as “Lessor” in the respective contractual relationship. Additional contractual conditions may be contractually agreed at the contractual level of the respective lessor; for the sake of clarity, these are referred to as “park conditions”. These additional parking conditions apply, insofar as effectively agreed, in addition to these GTC. In the event of contradictions between these GTC and the additional parking conditions of the respective Lessor, the additional parking conditions shall take precedence over these GTC.
1.2 In these GTC, the term “tenant” refers to the person who concludes a contract with the landlord for the temporary letting/use of accommodation or a campsite for recreational and holiday purposes. The term “user” refers to those persons who stay in the accommodation together with the tenant.
1.3 The contract is concluded between the tenant and the respective landlord named in the offer and in the booking confirmation. These GTC apply irrespective of whether the Hirer refers to any GTC of his own or to other GTC. The lessor rejects all GTC to which the lessee refers or which are used by the lessee.
1.4 Agreements deviating from these GTC must be made in text form.
Reservations (booking requests)
2.1 The landlord only processes reservations, i.e. booking requests from persons over 18 years of age. Reservations by persons under this age limit are therefore irrelevant and will not be processed.
2.2 The landlord reserves the right to refuse individual booking requests, in particular but not exclusively from groups or stays that are not for recreational and holiday purposes, without giving reasons or to attach special contractual conditions to them.
2.3 By making the reservation, the tenant offers the landlord the binding conclusion of the contract. The customer is bound to the offer for 14 days.
2.4 If the Hirer is not in possession of a written order confirmation including invoice within 14 days of making the reservation, the Hirer must contact the Reservations Department without delay, otherwise an appeal to the reservation is excluded.
2.5 The contract between the hirer and the lessor is concluded at the time the hirer has received access to the order confirmation. The Hirer shall check the booking confirmation and the invoice for correctness immediately after receipt. Any inaccuracies shall be notified to the lessor without delay, but in any case within 8 days.
2.6 The contract relates to the rental of accommodation or a pitch or other facilities for recreational and holiday purposes. This use is by its nature of short duration and the basis of the contract.
2.7 The customer is advised that for all booking types there is no right of withdrawal after conclusion of the contract due to the legal provision of § 312b para. 3 no. 6 BGB.
Changes to the contract (rebookings)
3.1 If the tenant wishes to make changes to the contract after it has been concluded, the landlord is not obliged to agree to these. If a change to the contract is possible and the Lessor makes it at the request of the customer, the Lessor may charge the costs of the changes in addition to the possibly increased costs of the changed services.
Substitutes
4.1 The tenant and the other users of the rented property are not permitted to allow other persons to use the accommodation or the parking space than those named in the contract without express agreement with the landlord in text form.
4.2 If the tenant and the landlord have expressly agreed that the original tenant or one or more users are to be replaced by substitutes, the tenant shall be jointly and severally liable with the substitutes to the landlord for the payment of the outstanding balance of the rent, the costs of alteration (see Article 3.1) and any additional costs as a result of the change of tenants or users, as well as any cancellation costs.
Prices
5.1 The tenant shall pay the landlord the agreed rental price as stated in the written booking confirmation / invoice of the reservation.
5.2 Subsequent discounts, special offers or voucher redemptions cannot be claimed.
5.3 It is not possible to combine different discounts.
5.4 Discount promotions are generally not valid for bookings with a stay longer than three weeks. Terms and conditions apply to all promotions.
Additional costs
6.1 The prices include the charge for the use of the rental property including a normal energy and water consumption and, if stated in the description, a final cleaning flat rate. If no normal energy and water consumption is included, but billing is based on consumption, this circumstance will be pointed out in the landlord’s description. All additional service charges (such as heating) as well as local visitor’s taxes etc. must be paid by the tenant. These costs are described in the price list. The total amount to be paid by the tenant is referred to as the “total price”.
Payments
7.1 For all contracts, 30 % of the total price is due for payment immediately after receipt of the booking confirmation to the indicated account number of the landlord. The remaining balance of 70 % is to be paid at the latest 6 weeks before arrival. For contracts concluded within 6 weeks prior to arrival, the total price is due for payment immediately upon receipt of the booking confirmation.
7.2 In the event of untimely payment of the amounts invoiced to the Tenant, the Tenant shall be in default immediately after expiry of the payment period. Insofar as the Lessor is willing and able to provide the contractual services and there is no statutory or contractual right of set-off or retention on the part of the Lessee, and if the Lessee is responsible for the default in payment, there shall be no claim to performance of the contract without full payment of the amounts due. In this case, the Lessor shall be entitled to withdraw from the contract after issuing a reminder with a deadline and to charge the Lessee with withdrawal costs in accordance with clause 12 of these contractual conditions.
7.3 Der Vermieter gilt stets als berechtigt, fällige Forderungen gegen den Mieter mit vom Mieter geleisteten Zahlungen zu verrechnen.
Arrival and departure
8.1 Unless otherwise agreed, the rented accommodation can be occupied from 16:00 on the agreed day of arrival stated in the booking confirmation and the accommodation must be vacated before 10:00 on the agreed day of departure stated in the booking confirmation.
Unless otherwise agreed individually or in the Lessor’s parking conditions, the following applies to a parking space: the Lessee may move into the parking space from 1 p.m. on the agreed day of arrival stated in the booking confirmation and the Lessee must vacate the parking space before 12 a.m. on the agreed day of departure.
8.2 If the tenant wishes to continue the contract with the landlord for longer than the agreed duration and the landlord agrees to this, the landlord shall always be entitled to allocate substitute accommodation/pitch without this giving rise to any claims for the tenant.
8.3 If the use of the accommodation or pitch or other facility is terminated earlier than on the date agreed and stated in the reservation confirmation, the tenant is not entitled to a refund of (part of) the rental price or costs.
Pets
9.1 Depending on the accommodation or the pitch, the landlord allows a maximum of 1 or 2 pets of the tenant or the users after explicit agreement. If the tenant or other users wish to bring pets, the tenant must ask for this directly when making the reservation. If the landlord expressly allows the tenant to bring pets, the landlord may charge the tenant a surcharge. The landlord reserves the right to refuse pets in the park – without giving reasons. Pets are generally not allowed in some types of accommodation and in some areas of the parks and campsite.
9.2 Haustiere dürfen nicht zu Gewässern, Schwimmbädern, Restaurants, überdachten Zentraleinrichtungen und anderen öffentlichen Einrichtungen im Park mitgenommen werden, sofern vor Ort nichts anderes angegeben wird. Haustiere sind außerhalb der Unterkunft an der Leine zu führen. Anweisungen vor Ort sind zu befolgen. Haustiere dürfen die übrigen Gäste nicht belästigen.
9.3 A dog basket must be brought along and a flea collar for dogs/cats, which is on at all times, is compulsory.
9.4 If pets are kept in a cage during the entire rental period, this must also be indicated when making the reservation. The landlord may waive the imposition of a surcharge.
9.5 Visitors’ pets are only allowed with express permission and only against payment, provided that the maximum number of pets is not exceeded.
9.6 Animals entering countries within the EU must be in possession of a pet passport according to the European model (since 3 July 2004). The animals must be vaccinated against rabies and identification by microchip or tattoo is mandatory. The hirer is responsible for ensuring that they have the correct pet travel documents required at their destination.
Use of the accommodation; liability of the tenant and the users
10.1 The tenant and the accompanying users are jointly and severally liable for proper use of the accommodation or pitch and the rented items as well as for their proper conduct both in the area of the rented accommodation or pitch and in the rest of the park area and for proper use of the accommodation or pitch and the equipment therein.
10.2 Public drunkenness and drug use are not permitted anywhere on the landlord’s park premises.
10.3 Furthermore, tenants and users are always jointly and severally liable for damage caused by breakage or loss of or damage to the inventory or accommodation. This also applies in the event of incorrect use or improper leaving behind, including but not limited to excessive soiling of the accommodation or pitch. Any damage must be reported to the landlord immediately by the tenant or the users and must be replaced immediately on site, unless the tenant can prove that he, the users or a member of his company is not to blame for the occurrence of the damage.
10.4 If the tenant or the users or visitors of the tenant or the users cause nuisance of any kind, or if they behave contrary to the contract to such an extent that the immediate termination of the contract is justified, the landlord is entitled to terminate the contract with immediate effect. It is basically harassment or misconduct if other guests in the park or employees of the park qualify this harassment or misconduct as such. If the contract is terminated due to harassment or misconduct, clause 14.3 shall apply accordingly.
10.5 In all cases where this is necessary in relation to the service provided by the landlord (e.g. cleaning, repair), the landlord is permitted to enter the accommodation without the prior consent of the tenant or user. In such a case, entry may take place without the presence of the tenant or user.
10.6 Charging of electric cars is only permitted at the charging points provided for this purpose. It is expressly not permitted to charge such vehicles with the accommodation’s power supply.
10.7 Smoking is not permitted in the accommodation. If this provision is violated, additional costs for professional cleaning may be charged.
Deposit
11.1 The landlord is entitled to demand a deposit from the tenant at the beginning of the stay.
11.2 The deposit serves as security for damages and other contractual or tortious claims of the lessor that may arise in the event of non-fulfilment of the obligations existing on the part of the lessee and the users.
11.3 In the event that the deposit is not paid immediately, the landlord is entitled to refuse the tenant or the other users access and to refuse the use of the accommodation or the pitch.
11.4 If the tenant is in arrears with the payment of the deposit, the landlord is entitled to terminate the contract with immediate effect after issuing a reminder setting a deadline.
11.5 The deposit or any balance thereof shall be repaid to the tenant or users after settlement of the claims (damage to the inventory/accommodation or other costs) of the landlord against the tenant or users. Any claims for damages beyond this are expressly not relinquished by this repayment.
Cancellation costs
12.1 In case of cancellation of a reservation, cancellation fees are payable. These amounts are 15% for cancellation up to three months before the arrival date, 50% between two and three months before the arrival date, 75% between one and two months before the arrival date, 90% for cancellation up to one month before the arrival date and 95% of the total price for cancellation on the arrival date.
12.2 If the hirer has not arrived within 24 hours of the agreed date without further notice, this will be treated as a cancellation.
12.3 In any case, the customer shall be at liberty to prove to the lessor that the lessor has suffered no damage at all or that the damage is significantly less than the lump sum demanded by the lessor.
Force majeure and changes; regulations in connection with pandemics
13.1 If the lessor is unable or temporarily unable to perform the contract in whole or in part due to force majeure, he shall submit a proposal for change (for other accommodation, another period, another place, etc.) to the lessee within 14 days of being informed of the impossibility of performing the contract.
13.2 Force majeure on the part of the lessor exists if the performance of the agreement is prevented in whole or in part, temporarily or not, by circumstances beyond the will of the lessor, including but not limited to the threat of war, personnel strikes, blockades, fire, floods and other disturbances or events.
13.3 The tenant is entitled to reject the proposed amendment. If the Tenant rejects the proposed amendment, the Tenant shall notify the Landlord of this rejection (depending on the commencement date of the rent at the latest) within 14 days of receipt of the proposed amendment. In this case, the Lessor shall be entitled to withdraw from the contract with immediate effect. The lessor shall refund to the lessee any payments already made on the rental price. The lessor shall not be obliged to compensate for any damages beyond this.
13.4 Special regulations in connection with pandemics (in particular the Corona virus)
a) The parties agree that the agreed services will always be provided by the respective landlord in compliance with and in accordance with the official regulations and requirements applicable at the time of travel.
b) The Hirer also agrees on behalf of the users to observe reasonable usage regulations or restrictions imposed by EuroParcs and the Rental Firm when using services and to notify the Rental Firm immediately in the event of typical symptoms of illness occurring.
Termination of contract
14.1 The lessor is entitled to terminate the contract with immediate effect at any time if, in the case of a reservation, the personal data of the tenant or other users is provided in a materially incomplete or incorrect manner.
14.2. Termination is also permitted for the reasons stated in clause 10.4.
14.3. In the event of termination in accordance with the above agreements, the lessor shall retain the claim to the agreed total price; however, the lessor must take into account the value of saved expenses as well as those advantages which the lessor gains from occupying the accommodation or the pitch elsewhere.
Limitation of liability
15.1 The contractual liability of the lessor for damages that do not result from injury to life, limb or health or the breach of an essential obligation, the fulfilment of which makes the proper execution of the contract possible in the first place or the breach of which jeopardises the achievement of the purpose of the contract, is limited to three times the total price,
a) as far as a damage of the customer is caused neither intentionally nor by gross negligence or
b) insofar as the lessor is responsible for a damage incurred by the customer solely due to the fault of a service provider.
15.2. The Lessor’s tortious liability for damage to property that is not due to intent or gross negligence is limited to three times the total price.
15.3 In all other respects, EuroParcs and the Owner limit their liability to the extent permitted by law to the types and ways set out in this Article 15. The lessor accepts no liability for theft (including theft from bungalow safes and swimming pool lockers), loss of or damage to property or persons of any kind whatsoever during or as a result of a stay in one of our parks or the rental/use of the accommodation or pitch or other facilities of the lessor, except in the case of wilful misconduct or gross negligence on the part of the lessor or its employees.
15.4 Liability for damages that include loss of holiday enjoyment or business interruption and other consequential damages is excluded under all circumstances. Furthermore, the lessor is in no case liable for damages for which a claim for compensation exists on the basis of a travel insurance or a travel cancellation insurance or any other insurance.
15.5 The lessor is not liable for disruptions in the service or for defects in services provided by third parties or in items supplied.
15.6 Liability in tort shall in any event be limited to a maximum of € 75,000, – in the case of personal injury per guest per stay and liability for damage to property shall in any event be limited to a maximum of € 1,500, – per tenant/user per stay.
15.7 The lessee shall indemnify the lessor on first demand against all claims relating to damage caused by third parties as a result of actions or omissions on the part of the lessee himself, users, accompanying persons or other third parties who are in the park with the lessee’s consent.
Complaints
16.1 Despite the care and effort of the landlord, the tenant may consider that they have a valid complaint about the accommodation. The tenant must report this complaint to the reception of the park in which the accommodation is located, first on the spot and immediately after it occurs or is discovered. If the complaint is not resolved to the satisfaction of the tenant, the tenant shall take further action, on pain of forfeiture of any claim, no later than within one month of departure from the accommodation.
16.2 Complaints can also be submitted in text form using the form on the website at www.europarcsresorts.de/kontakt.
Applicable law
17.1 The contract between the tenant and the landlord is governed by Dutch law.
Travel documents
18.1 The Hirer is responsible for ensuring that he/she has the valid travel documents required at his/her destination. The Rental Firm accepts no liability for the consequences of the Hirer not having the correct travel documents.
Data protection
19.1 The Lessor always treats all personal data provided to it or of which it becomes aware in accordance with the provisions of the General Data Protection Regulation (DSGVO). The lessor does not pass on the personal data of tenants and users to third parties with the exception of data processing by Europarks in accordance with a contract with EuroParcs. The lessor uses the data itself (and exclusively) to inform you about important news about the park and interesting offers or arrangements.
19.2 At the request of the tenant, the landlord will correct, supplement, delete or block the tenant’s data in the event that the data is factually incorrect, for example. This may result in the tenant no longer being able to use the landlord’s services or part of the landlord’s services. For an explanation of the content mentioned in this paragraph and information about your further rights, we refer you to our Datenschutzerklärung.
19.3 If the Tenant does not wish to receive interesting information or offers, please inform the Landlord by e-mail to kundenservice@europarcsresorts.de or by using the contact form. If you wish to unsubscribe from the electronic newsletter, please use the link at the end of each electronic newsletter.
General
20.1 Obvious printing and typesetting errors shall not bind the lessor.
20.2 With regard to the Consumer Dispute Resolution Act, EuroParcs and the Lessor point out that neither EuroParcs nor the Lessor currently participate in a voluntary consumer dispute resolution scheme. If participation in a consumer dispute resolution scheme becomes mandatory for EuroParcs or the Lessor after these GTCs have gone to print, the Lessee will be informed of this in an appropriate manner. For all contracts concluded in electronic legal transactions, reference is made to the European online dispute resolution platform https://ec.europa.eu/consumers/odr/.
With these GTC, all previously published rental conditions are cancelled.
Download the general terms and conditions as a PDF document:
Business information
EuroParcs Bad Hoophuizen B.V. Varelseweg 211 8077 RB Hulshorst KVK: 54271614 BTW: NL851237769B01 IBAN: NL82RABO0317171313 BIC: RABONL2U