General Terms and Conditions (GTC) of AZUR
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, VAT identification number pursuant to Section 27a of the German Value Added Tax Act: DE147833725 (“AZUR” or “Operator”). These General Terms and Conditions are accepted by you upon completion of the booking and become an integral part of every contract. Any conflicting or deviating terms and conditions of a guest or organizer will only be recognized if agreed upon in writing prior to the conclusion of the contract.
We reserve the right to amend these General Terms and Conditions at any time due to changed circumstances.
1. Conclusion of contract
1.1
a) Our offer is based on the description of the accommodation and the supplementary information in the booking details (e.g., classification explanations), provided this information is available to the guest at the time of booking.
b) In accordance with legal requirements, you are hereby informed that, according to the statutory provisions (§ 312g para. 2 sentence 1 no. 9 of the German Civil Code (BGB)), there is no right of withdrawal for accommodation contracts concluded by letters, catalogs, telephone calls, faxes, emails, messages sent via mobile services (e.g., SMS), and broadcast and telemedia. Instead, only the statutory provisions regarding the non-utilization of rental services apply (§ 537 BGB).
Further details are regulated below under point 5.
However, a right of withdrawal exists if the accommodation contract was concluded outside of business premises, unless the oral negotiations on which the conclusion of the contract is based were conducted at your prior request as a consumer. In the latter case, there is also no right of withdrawal.
When bookings are made by clubs, travel groups, associations, companies, authorities, and institutions, the contracting party for the accommodation agreement and the party liable for payment is exclusively the organization itself, not the individual guest, unless the booking is expressly made or has been made as a legally binding representative on behalf of and with the authority of the respective guest.
Customers booking for fellow travelers are liable for all contractual obligations of those guests, just as the guests themselves are. Such customers or clients booking for fellow travelers are also referred to below as "guests."
1.2
The following still applies to bookings made verbally, by telephone, in writing, by email or fax:
a) The contract is concluded upon receipt of the acceptance declaration (booking confirmation) by the guest. No specific form is required, meaning that verbal and telephone confirmations are also legally binding for the guest.
b) As a rule, AZUR will also send the booking confirmation in written form. Verbal or telephone bookings by the guest, upon corresponding binding confirmation by AZUR, also result in a binding contract even if the guest does not receive the corresponding additional written copy of the booking confirmation.
c) If AZUR submits a special offer to the guest in response to their request, this constitutes a binding contractual offer. In these cases, the contract is concluded without the need for a corresponding confirmation from AZUR if the guest accepts this offer within any period specified in the offer, without restrictions, changes, or additions, by express declaration, down payment, final payment, or by taking up residence in the accommodation.
1.3
For online bookings made via a website that displays both availability and the total booking price online, the following applies to the conclusion of the contract:
a) After the customer has entered their service requirements (travel time, number of participants, travel period, property, service details, etc.), the online booking process shows the customer information on the services and prices of the available capacities.
b) Based on this information, the customer can then, after checking availability and filling out a booking form with the customer's contact details, submit a binding contractual offer by sending the registration form.
c) By clicking the "Book now" button, the guest submits the booking request. The contract is accepted when AZUR issues a booking confirmation.
d) Submitting the registration form by clicking the "book with obligation to pay" button does not entitle the guest to the conclusion of a guest accommodation contract in accordance with his booking details.
AZUR is free to accept or reject the guest's offer.
The contract is only concluded upon receipt of the booking confirmation from AZUR by the guest.
1.4
The guest has no right to a specific property. Requests will be taken into account as far as possible.
1.5
Young people under 18 years of age who cannot present a written declaration of consent from their parent(s) or legal guardian(s) may only stay overnight at the campsite if accompanied by an adult supervisor. If a declaration of consent is not provided or no supervisor is present, AZUR may rent the accommodation to someone else 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 confirmation are final prices and include statutory VAT and all incidental costs, unless otherwise specified. Tourist tax/visitor's tax, as well as charges for services billed according to consumption (e.g., electricity, gas, water, firewood, etc.) and for optional and additional services, e.g., from third-party providers, which are only used on-site, are charged separately and additionally.
2.2
The services owed by AZUR arise exclusively from the content of the booking confirmation, the information on the accommodation and the services in the booking basis, as well as from any supplementary written agreements expressly made with the guest.
3. Payment
3.1
The due dates for the deposit and final payment are governed by the agreement made between the guest and AZUR and stated in the booking confirmation. If nothing is stated there, the following applies:
3.2
A deposit is due upon booking and conclusion of the contract. The deposit amount varies depending on the rate, services, property, length of stay, and the time of booking, and can be up to 100% of the booking amount.
3.2.1
In the flexible rate for camping, the deposit is 30% of the total price at the time of booking, but at least €50.00.
3.2.2
In the economy 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: A deposit of 30% of the total price is required at the time of booking. The remaining balance will be charged to your credit card no later than four weeks before the start of your stay.
3.4
In certain cases, contrary to the above points, the total price may be due upon conclusion of the contract (receipt of the booking confirmation), provided that the customer has submitted his binding booking declaration with knowledge of these deviating payment terms.
3.5
Unless a special agreement has been made, the total price including charges for incidental costs and additional services, less the deposit, is due and payable to AZUR at the latest on the day of departure.
3.6
Payments can only be made in EUR, not in foreign currencies. Only credit card payments from the card providers offered by AZUR are accepted, currently Visa and MasterCard. Payments at the end of your stay cannot be made by bank transfer.
3.7
If the guest fails to make an agreed deposit, or fails to make it in full, despite a reminder with a reasonable deadline, AZUR is entitled, provided it is ready and able to perform its contractual obligations and provided the guest has no legal or contractual right of retention, to withdraw from the contract with the guest and demand cancellation costs from him in accordance with section 5 of these provisions.
4. Arrival and departure
4.1
The guest may arrive from 3:00 PM and must arrive no later than 6:00 PM on the day of arrival.
4.2
For later arrivals:
a) The guest is obligated to notify AZUR no later than 6:00 PM on the day of arrival if they will be arriving late or, in the case of multi-day stays, if they intend to occupy the booked accommodation on a subsequent day.
b) If notification is not received in a timely manner, the accommodation provider is entitled to re-let the accommodation or pitch for the entire booking period. The agreed-upon accommodation fees will be charged for the period of non-occupancy, starting from the booked arrival date.
4.3
Departure must take place at the agreed time, or, unless otherwise agreed, no later than 10:00 a.m. on the departure day. If the accommodation is not vacated on time, AZUR may charge for an additional night. AZUR reserves the right to claim further damages. Use of the accommodation's facilities after 10:00 a.m. on the departure day is only permitted if a separate agreement has been made with AZUR (late check-out, subject to a fee).
5. Cancellation and no-show
5.1.
In the event of cancellation or no-show by the guest, AZUR retains the right to the agreed price of the stay, including any meal allowance and charges for additional services. This does not apply if AZUR has granted the guest a free right of cancellation in writing in a specific case, and AZUR receives the guest's declaration of exercising this right of cancellation, which does not require any specific form, within the stipulated time.
5.2.
AZUR shall, within the scope of its ordinary business operations, without obligation to make special efforts and taking into account the special nature of the booked service, endeavor to find alternative use for the accommodation in the event of cancellation and no-show.
5.3.
If AZUR is able to find another tenant for the period booked by the guest, AZUR will offset its claim under clause 5.1 against the income from such another tenant, or, if such an alternative tenant is not possible, against any expenses saved.
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, taking into account any amounts to be credited according to section 5.3, each based on the total price of the accommodation services or the booked camping services including all additional costs, but excluding tourist tax:
5.4.1 for bookings of holiday accommodation according to 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 deposit as well as holiday accommodations according to section 3.3.1:
b) Up to 42 days before arrival: no cancellation fee
c) Up to 28 days before arrival: 30%
d) up to the day of arrival: 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% prepayment less a prepayment discount according to section 3.3.2, a 100% cancellation fee applies.
5.5
In certain cases, a different cancellation fee may be applied in deviation from point 6.4, provided that the customer has submitted their binding booking confirmation with knowledge of these deviating conditions.
5.6
The guest expressly reserves the right to prove to the accommodation provider that the expenses saved are significantly higher than the deductions to be considered above, or that the accommodation or other services were used elsewhere. In the event of such proof, the guest is only obligated to pay the correspondingly lower amount.
5.7
Guests are strongly advised to take out travel cancellation insurance or another cancellation protection package.
5.8
The cancellation notice must be submitted directly in written form for all bookings.
6. Operator's right of withdrawal
AZUR may withdraw from the contract for specific reasons or terminate it after setting a deadline for the guest to refrain from certain actions. This right of termination applies in particular if force majeure or circumstances beyond AZUR's control make performance of the contract impossible.
This applies in particular if the use of the service disrupts business operations, the safety and peace of other guests, or damages the operator's reputation. AZUR also has this right if the guest or organizer (association, tour group, political party, organization, company, authorities, legal entities) has become insolvent or if the purpose or reason for the stay is damaging to reputation or unlawful.
7. Guest's obligations; cancellation by the guest
7.1
The guest is obligated to comply with the house and campsite rules, which form part of this contract and can be viewed online or for which there was a reasonable opportunity to become aware due to appropriate notices. A copy of the campsite rules will be provided to the guest upon request at the campsite.
7.2
The guest is obligated to immediately report any defects or disturbances to the management of the respective accommodation and request remedial action. If the guest culpably fails to report such defects, their claims against AZUR may be reduced or forfeited entirely.
7.3
The guest may only terminate the contract in the event of significant defects or disruptions. In such cases, the guest must first give AZUR a reasonable period to remedy the defect, unless remedying the defect is impossible, is refused by AZUR, or immediate termination is objectively justified by a special interest of the guest that is recognizable to AZUR, or unless continuing the stay is objectively unreasonable for the guest for such reasons.
7.4
The guest acknowledges that the respective AZUR facility only provides standard household connections for electricity and water. The user agrees to consume electricity and water only in a manner typical for a household and to prevent any kind of overloading of the network.
7.5
Pets are only permitted with the prior consent of the operator and upon payment of an additional fee. It is the guest's responsibility to clarify this before booking. Bringing dangerous or fighting dogs, or dogs listed under the Dangerous Dogs Ordinance, is expressly and strictly prohibited. The guest is obligated to properly restrain any pet brought along during their stay and not to leave it unattended on the premises. Pets are not allowed in sanitary facilities or other public areas (common room, lounge, kitchen). The guest is obligated to provide truthful information about the type and size of the pet. Violations of this may entitle AZUR to terminate the accommodation agreement without notice. Taking out pet liability insurance is recommended. The fee for bringing pets must be paid separately by the guest in accordance with the booking and payment terms of the respective booked services.
7.6
The guest is liable for all damages caused by their negligence in connection with the use of the campsite. They are also liable for damages caused by their family members and visitors. Multiple guests are jointly and severally liable.
8. Limitation of Liability
8.1
AZUR's liability under the accommodation contract pursuant to § 536a BGB for damages not resulting from injury to life, body or health is excluded, unless it is based on an intentional or grossly negligent breach of duty by AZUR or one of its legal representatives or vicarious agents.
8.2
The possible provision of services by the accommodation provider for items brought in, in accordance with §§ 701 ff. of the German Civil Code (BGB), remains unaffected by this regulation.
8.3
AZUR is not liable for disruptions in services related to services that are clearly identifiable to the guest as third-party services and are not provided by AZUR itself, but merely brokered (e.g., excursions, guided hikes, outdoor sports activities, sports and fitness programs, tickets, transportation tickets, sporting events, theater visits, exhibitions, etc.). This also applies to third-party services that are brokered by the operator in conjunction with the accommodation booking, provided these are explicitly identified as third-party services in the offer or booking confirmation.
9. Alternative dispute resolution; choice of law and jurisdiction
9.1
With regard to the Consumer Dispute Resolution Act, AZUR points out that it does not currently participate in voluntary consumer dispute resolution. Should participation in a consumer dispute resolution body become mandatory for AZUR after these terms and conditions have been printed, guests will be informed accordingly. For all brokerage and accommodation contracts concluded electronically, reference is made to the European Online Dispute Resolution platform: http://ec.europa.eu/consumers/odr/
9.2
The contractual relationship between AZUR and the guest is governed exclusively by German law. The same applies to any other legal relationship.
9.3
For legal actions brought by the guest against AZUR, the company's registered office (AZUR) is the relevant location.
9.4
For legal actions brought by AZUR against a guest, the guest's place of residence is the determining factor. For legal actions against guests who are merchants, legal entities under public or private law, or persons whose place of residence/business or habitual abode is abroad, or whose place of residence/business or habitual abode is unknown at the time the action is filed, the place of jurisdiction is agreed to be the registered office of the company (AZUR).
9.5
The foregoing provisions shall not apply if and to the extent that mandatory provisions of the European Union or other international provisions applicable to the contract apply.
10. Applicability of the General Data Protection Regulation (GDPR)
AZUR stores and processes the guest's data, specifically name, address, date of birth, length of stay, invoice details, and bank account information, for business purposes and retains this data electronically in accordance with tax and other legal retention periods. These periods are currently at least six years from the end of the year of the stay or, if legal proceedings are necessary, from the end of the year in which the legal dispute is concluded.
The guest has the right, at any time and to request the deletion of their data, insofar as this is legally permissible, and to receive information in accordance with the GDPR.