1.1 Upstalsboom Hotel + Freizeit GmbH & Co KG (hereinafter referred to as "Upstalsboom") operates a portal on the website www.upstalsboom.de (hereinafter referred to as the "Website") for the booking of services of the hotels presented there. These General Terms and Conditions apply to all contracts concluded by Upstalsboom via the Website for the provision of hotel rooms for accommodation to guests and other related hotel services.
1.2 Upstalsboom acts solely as an agent and is neither a tour operator within the meaning of Sections 651a et seq. of the German Civil Code (BGB)
nor does it itself provide accommodation services and/or other related additional services.
By booking via the Upstalsboom website, a contract for the selected service(s) is concluded exclusively
between the guest and the selected hotel.
1.3 Pre-formulated terms and conditions of the guest which deviate from, supplement or contradict these General Terms and Conditions
do not become part of the contract, even if Upstalsboom is aware of them,
unless Upstalsboom expressly agrees to their validity.
1.4 The contract language is German.
2.1 The selection of hotel services presented on the Upstalsboom website does not constitute a binding contractual offer,
but merely an invitation to the guest to submit an offer. The parties to the agency agreement
are Upstalsboom and the guest. By completing and submitting the booking form on
of the website and activating the "Book for a fee" button, the guest instructs Upstalsboom to conclude the contract
with the selected hotel under the conditions shown in the booking process.
2.2 The guest is requested to complete the booking form carefully. The guest can correct or delete incorrect information by using
the "Back" function of the browser or the usual PC and browser functions. Incorrect
details, e.g. incorrect name and/or email address, can lead to errors in the contract with the hotel,
for which the guest is then responsible.
2.3 After submitting the booking form, the guest automatically receives a confirmation by e-mail. The booking confirmation contains the text of the contract together with the applicable Upstalsboom General Terms and Conditions.
2.4 The text of the contract is stored by Upstalsboom for a limited period after conclusion of the contract, but for security reasons can no longer be accessed by the guest via the Internet after the process has been completed on the website. The guest is therefore required to ensure that the text of the contract is saved, for example by printing out the electronic contract confirmation. The contract text will be deleted or blocked for further use after the contract has been fully processed, unless this is contrary to tax or commercial law regulations or overriding legitimate interests on the part of Upstalsboom.
2.5 Upstalsboom reserves the right, for the protection of other guests, employees and the guest himself, to refuse to conclude the contract if the guest or fellow travellers are travelling from an area in which Upstalsboom is located. Upstalsboom reserves the right to refuse to conclude the contract if the guest or fellow travellers wish to enter from an area that has been classified as a risk area for infectious diseases by the Foreign Office of the Federal Republic of Germany or the Robert Koch Institute (RKI) or the World Health Organization (WHO) in a period of fourteen days or more before the planned day of arrival and, according to the assessment of the RKI or the WHO, a person-to-person infection is possible.
2.6 When using the Upstalsboom website for communication or booking, the guest sometimes receives e-mails that are sent automatically. The guest is requested to ensure that the receipt of e-mails is technically ensured and in particular not prevented by SPAM filters.
2.7 If the guest uses websites operated by third parties to book hotel services, please refer to the information provided by the respective website operator for details such as the conclusion of the contract in the third-party services, the correction options there and the storage of the contract text; the information provided by the third party may deviate from these GTC.
3.1 The rental of conference, banqueting and event rooms of Upstalsboom hotels for the organisation of events (e.g. banquets, seminars, conferences, etc.) must be requested directly from the respective hotel. If interested, Upstalsboom will be happy to provide the guest with the relevant contact details and further information.
3.2 When concluding a corresponding contract for the temporary hire of function rooms,
the guest is requested to observe the relevant General Terms and Conditions of the hotel. These contain
important information, including the scope of permitted use of the event rooms and the cancellation conditions.
4.1 The rooms arranged by Upstalsboom are intended exclusively for accommodation purposes. Subletting or re-letting or the use of the rooms provided by third parties free of charge is not permitted unless this has been expressly authorised by the respective hotel.
4.2 The guest is not entitled to the use of certain rooms unless this has been separately and expressly agreed with the respective hotel. If rooms are not available in the selected hotel, Upstalsboom will provide the guest with an equivalent room in an Upstalsboom hotel or in a nearby hotel of the same category. If the guest refuses the offer of a replacement room, Upstalsboom will immediately refund any services already rendered by the guest.
4.3 In the case of group travel or group bookings (i.e. bookings of 10 rooms or more), the hotels arranged by Upstalsboom grant the guest the following discount - subject to deviating individual agreements with the respective hotel:
4.3.1 from 21 full-paying persons: half a double room free,
4.3.2 from 30 full-paying persons: one double room free.
4.4 Booked rooms are available to guests from 4 p.m. on the day of arrival and until 10 a.m. on the day of departure, unless otherwise agreed with the respective hotel
.
4.5 Internet access or WLAN is available to the guest in designated hotels. Upstalsboom passes on existing information from the hotel in this regard (e.g. on chargeable/free of charge) to the guest with the care of a prudent businessman. The guest is requested to take into account that the corresponding facilities in the hotels are not designed for intensive or business use unless otherwise agreed in at least text form. In particular, access by many guests at certain times can lead to an overall reduction in transmission quality. When using the Internet access, the guest shall observe the hotel's instructions. In particular, the guest undertakes not to use the hotel's internet access for:
4.5.1 the dissemination or receipt of criminal or illegal content or references to such content;
4.5.2 unlawful contact or unsolicited sending of messages (e.g. distribution of SPAM);
4.5.3 the use of peer-to-peer networks ("file-sharing networks");
4.5.4 the infringement of national or international copyright, trademark, patent, name and labelling rights as well as other industrial property rights and personal rights;
4.5.5 the intrusion into third-party data networks, data storage or end devices ("hacking");
4.5.6 the use of equipment or the execution of applications that lead or may lead to disruptions/changes in the functionality or structure of the Internet access provided.
5.1 All prices shown on the website are inclusive of the applicable statutory VAT and other price components, including in particular any applicable culture tax ("accommodation tax"). Local tourist taxes are not included in the prices shown. These are to be paid locally by the guest and, if applicable, their fellow travellers to the responsible authorities at the customary local rates.
5.2 The travel price is due and payable upon provision of the service, at the latest on the day of departure. The guest can pay the invoice amount on site at the hotel. Please note that non-cash means of payment such as credit cards can only be used with restrictions in some hotels.
5.3 In deviation from 5.2, 50% of the total amount for group bookings (10 or more full-paying guests) is due for payment 10 days prior to arrival due to the increased scheduling effort. The remaining 50% is due and payable on the day of departure. Sentences 1 and 2 apply unless otherwise agreed with the respective hotel. An advance invoice will be sent to the guest on request.
6.1 In the event of cancellation of a completed booking, the guest must cancel the booking via the website www.upstalsboom.de or by email, fax or telephone. The exact cancellation conditions can be found during the booking process and will be displayed to the guest again on the final booking overview before the booking is sent.
6.2 If the guest cancels the booked stay, the respective hotel is entitled to reallocate the unused room. The hotel may choose to charge the guest a cancellation fee instead of a specific amount of compensation. Unless otherwise agreed in individual cases, the hotel shall generally charge the guest the room rate less the cancellation fee for services saved:
6.2.1 20% for overnight stays with or without breakfast
6.2.2 30% for overnight stays with half board
6.2.3 40% for overnight stays with full board
6.3 In the event of cancellation of group bookings, the hotel shall charge the guest the following flat-rate cancellation fees in deviation from 6.1, unless otherwise agreed in individual cases: A group booking is deemed to exist if 10 rooms or more are reserved.
6.3.1 Cancellation up to 8 weeks before arrival: free of charge
6.3.2 Cancellation from the beginning of the 8th to the beginning of the 4th week before arrival: 35% of the room rate
6.3.3 Cancellation from the 4th week to the beginning of the 2nd week before arrival: 50% of the room price
6.3.4 Cancellation less than 2 weeks before arrival: 80% of the room price
6.3.5 Cancellation from 24 hours before arrival or in the event of no-show: 95% of the room price.
6.4 The hotels reserve the right to charge the guest a processing fee of 25.00 euros including VAT in the event of cancellation or no-show. For the cancellation or no-show of group bookings (10 rooms or more), the guest may be charged a processing fee of EUR 100.00 incl. VAT by the respective hotel.
6.5 The deduction of saved expenses is taken into account in the above regulations. The guest is free to prove that the respective hotel has not incurred the claims mentioned in 6.1 to 6.3 or not in the amount asserted.
6.6 We recommend that guests take out adequate insurance cover (e.g. for travel cancellation costs).
7.1 If it has been agreed that the guest can cancel the contract free of charge within a certain period, the hotel is entitled to cancel the contract during this period if there are enquiries from other customers for the contractually booked rooms and the guest does not waive his right of cancellation upon enquiry by the hotel with a reasonable deadline. This applies accordingly if an option is granted, if other enquiries are received and the guest is not prepared to make a firm booking upon enquiry by the hotel within a reasonable period of time.
7.2 If an agreed or requested advance payment or security deposit is not made even after a reasonable grace period set by the hotel has expired, the hotel is also entitled to withdraw from the contract.
7.3 Furthermore, the hotel is entitled to extraordinary cancellation of the contract for objectively justified reasons,
in particular if
7.4 The justified cancellation of the hotel does not constitute a claim for damages on the part of the guest
8.1 The guest is advised that Upstalsboom is not authorised or obliged to accept complaints regarding the services of the individual hotels. Defects must always be reported to the respective hotel.
8.2 Upstalsboom is liable under the agency contract in accordance with the statutory provisions.
9. 1 The legal relationship between Upstalsboom and the guest as well as these General Terms and Conditions are governed by German law. The application of German international private law is excluded.
9.2 The provisions of No. 9.1 shall not affect mandatory provisions of the law of the country in which the guest has his habitual residence if and insofar as the guest has concluded a contract that cannot be attributed to the guest's professional or commercial activity (consumer contract) and if the guest has performed the legal acts necessary for the conclusion of the contract in the country of his habitual residence.
9.3 If the guest is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this agency contract is Emden. The same shall apply if the guest does not have a general place of jurisdiction in Germany or if his place of residence or habitual abode is unknown at the time the action is filed.
1.1 These General Terms and Conditions (GTC) apply to all contracts for the purchase of vouchers that are concluded with the customer using the online ordering system on the website www.upstalsboom.de or using remote means of communication (e.g. by telephone, e-mail) or between persons present at the same time (e.g. on-site sales). The website www.upstalsboom.de is operated by Upstalsboom Hotel + Freizeit GmbH & Co KG, Friedrich-Ebert-Str. 69-71, D-26725 Emden (hereinafter referred to as "Upstalsboom" or "Provider").
1.2 The GTC in all sections and the cancellation policy are based on the following definitions:
1. 3 Pre-formulated terms and conditions of the customer which deviate from, supplement or contradict these GTC shall not become part of the contract unless the provider expressly agrees to their validity in writing.
1.4 Separate terms and conditions apply to the conclusion of hotel accommodation contracts and the hire of event rooms.
2.1 If the customer purchases a voucher via the website www.upstalsboom.de, the customer's contractual partner in the case of the purchase of vouchers that are linked to the services of a hotel selected by the customer is the operating company of the selected hotel, which will be notified to the customer in good time before conclusion of the contract; in the case of the purchase of a voucher for a monetary amount selected by the customer that can be redeemed in all hotels of the Upstalsboom network (cash value voucher), the customer's contractual partner is Upstalsboom.
2.2 If the customer purchases a voucher directly from the hotel of his choice (e.g. on site at the hotel, by telephone or by other means directly from the hotel), his contractual partner is the operating company of the selected hotel, which will be notified to the customer in good time before conclusion of the contract. The hotel chosen by the customer may include its own terms and conditions in the contract with the customer.
2.3 Upstalsboom endeavours to settle any differences of opinion arising from consumer contractual relationships in an amicable manner. In the event of complaints, the guest can therefore contact e.berk@upstalsboom.de. The limitation period for any claims is excluded for the duration of this procedure. If no agreement is reached there, legal action may be taken - without prior attempt at mediation by a state-recognised body.
2.4 The contractual language in relation to Upstalsboom is German.
3.1 The selection of vouchers presented on the website is not a binding contractual offer, but an invitation to the customer to submit a binding offer on the terms and conditions shown there.
3.2 In the online order form on the website, the customer enters the monetary value of the desired voucher, the beneficiary and the personal data required for processing the contract (such as name, billing and/or delivery address, e-mail address). The customer submits a binding offer to conclude a contract by clicking the button at the end of the online order form, which informs the customer of the assumption of a payment obligation.
3.3 The contract is concluded either by the customer receiving a confirmation in text form (e.g. by e-mail) to the e-mail address provided by the customer immediately, but at the latest within one working day of sending the order, which confirms the execution of the order or the delivery of the item(s), or by the customer receiving the voucher directly as a file attachment to an e-mail within one working day of the customer's payment instruction to the e-mail address provided by the customer. The customer is no longer bound to his order after expiry of the aforementioned deadlines. In this case, any services already rendered will be refunded immediately.
3.4 During the order process, the customer can correct or delete his entries using the usual keyboard and mouse navigation (e.g. back function of the browser) until the order is sent.
3.5 The text of the contract is stored by the contractual partner for a limited period of time and can no longer be accessed via the Internet after the order has been placed for security reasons. Once the contract has been fully processed, the contract text will be deleted, unless this is prevented by mandatory retention regulations under tax or commercial law or overriding legitimate interests of the contractual partner.
As an alternative to ordering online in accordance with section 3, the customer can also submit their order to Upstalsboom on site, by e-mail, by letter, by fax, by telephone or via the electronic contact form on the website. The contract is concluded when Upstalsboom accepts the customer's request. Upstalsboom is free to confirm the conclusion of the contract to the customer in text form.
5.1 The information on the consumer's statutory right of cancellation in accordance with §§ 312 lit. g, 355 ff. BGB can be found below these GTC.
5.2 If Upstalsboom and the customer conclude a contract in his capacity as a consumer for the delivery of vouchers that are not prefabricated and for the production of which an individual selection or determination by the customer is decisive or which are clearly tailored to the personal needs of the consumer, the customer's right of cancellation is excluded. This also applies to the conclusion of contracts for the provision of services in the areas of accommodation for purposes other than residential purposes, transport of goods, vehicle rental, delivery of food and beverages and the provision of other services in connection with leisure activities, if the contract provides for a specific date or period for the provision, although the right of cancellation is not excluded in the case of package travel contracts in accordance with Section 651 lit. a BGB, where the traveller is a consumer and which have been concluded outside business premises, unless the verbal negotiations on which the conclusion of the contract is based have been conducted at the prior request of the consumer.
6.1 The prices are total prices. They include statutory taxes and other price components. Shipping costs are not included in the price, unless free delivery has been agreed. Delivery of vouchers by e-mail is free of charge. The delivery of the vouchers in question or other goods (e.g. by Deutsche Post, DHL) takes place throughout Germany.
6.2 Unless otherwise agreed, delivery shall be made one to five working days after receipt of the order confirmation by the customer, in the case of agreed advance payment one to three working days after the customer's payment instruction has been issued.
6.3 If the customer is a consumer, the law stipulates that the risk of accidental loss and accidental deterioration of the purchased goods in transit to the consumer shall not pass to the customer until the goods are handed over to the customer, irrespective of whether the shipment is insured or "uninsured". This does not apply if the customer has independently commissioned a transport company not named by the provider or another person designated to carry out the shipment. If the customer is an entrepreneur, delivery and dispatch shall be at the customer's risk.
6.4 Unless otherwise agreed, the payment claims arising from the concluded contract are due for payment immediately. The means of payment accepted by the provider in the context of the online order are communicated to the customer on the website. Unless otherwise agreed, the customer shall pay the price plus any shipping costs incurred by bank transfer (advance payment).
6.5 The supplier retains ownership of the goods until the invoice amount has been paid in full.
6.6 To ensure that the order process can be completed promptly and in an environmentally friendly manner, the Supplier shall send the Customer an invoice in electronic form to the e-mail address provided by the Customer, unless the Customer expressly requests that an invoice be sent in paper form instead.
If information from the customer is required to customise the voucher, the customer shall provide Upstalsboom with the appropriate information as part of the order. The provider does not check the transmitted data, texts, images and other content for accuracy or completeness. The customer is therefore obliged to check the transmitted information for correctness and completeness before sending it. The customer shall not transmit to Upstalsboom any content that infringes the rights of third parties, such as rights to names, copyrights and trademarks, or that violates existing laws. In the event of infringement, the customer hereby indemnifies Upstalsboom against any claims asserted by third parties in this connection.
8.1 The statutory warranty provisions apply.
8.2 In principle, the statutory limitation periods of the German Civil Code (BGB) apply to the redemption of vouchers (usually three years, starting from the end of the calendar year in which the voucher was purchased), unless a different limitation period has been effectively agreed with the customer in individual cases (at least in text form)
8.3 The vouchers are not personalised and can be redeemed by any person. If the customer or owner of the voucher (e.g. the recipient) is unable to redeem the voucher for reasons for which the provider is not responsible, it is the responsibility of the voucher holder to use the voucher for another purpose in good time before the limitation period expires (e.g. by passing it on to another person). It is not possible for the customer to withdraw from the contract without a legal reason for cancellation (e.g. revocation).
8.4 The customer is generally prohibited from reselling the vouchers commercially, unless otherwise agreed in writing in individual cases.
8.5 The customer is requested to contact the selected hotel in good time before redeeming a service-based voucher in order to enquire about capacities and to make any necessary appointments (e.g. table reservations, appointments for treatments).
8.6 Vouchers cannot be exchanged; this does not affect the assertion of mandatory statutory provisions such as the warranty and the statutory right of cancellation (see section 5.1). Cash payment or offsetting of vouchers linked to services against other services is not possible. Cash value vouchers and remaining credit balances will not be paid out to the customer in cash.
Data protection is subject to the provisions of the General Data Protection Regulation, the Federal Data Protection Act and the Telemedia Act. The customer's personal data may be collected, stored and processed during the initiation and fulfilment of the contract. Personal data will only be used for the intended fulfilment of the contract. Details can be found in the separate data protection information available on the provider's website.
10.1 The legal relationship between Upstalsboom and the customer is subject exclusively to the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods. Sentence 1 only applies to consumers insofar as the choice of law does not undermine the protection of mandatory legal provisions of the state in which the consumer has his habitual residence.
10.2 If the customer is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract shall be Emden. If the customer does not have a general place of jurisdiction in Germany or if his place of residence or habitual abode is not known at the time the action is brought, the place of jurisdiction shall be the registered office of the provider (currently Emden).
10.3 Should individual provisions be wholly or partially invalid or unenforceable, or should they subsequently lose their legal validity or enforceability, this shall not affect the validity of the remaining provisions. The invalid or unenforceable provisions shall be replaced by the statutory provisions.
1.1 These terms and conditions apply to all contracts of Upstalsboom Hotels for the rental of room allotments and/or function rooms to individual guests and/or groups in connection with the organisation of events (in particular banquets, seminars, conferences, meetings, festivities, etc.) as well as for all other related services and deliveries of the hotels (hereinafter uniformly referred to as "Hotel") to the guest. A group booking is deemed to exist if at least 10 rooms are reserved.
1.2 The subletting or re-letting of the rooms, areas or showcases provided as well as invitations to interviews, sales or similar events require the prior written consent of the hotel.
2.1 The contractual partners are the Upstalsboom Hotel and the guest. The contract is concluded when the guest accepts the offer submitted by the hotel (e.g. by letter, e-mail or fax) within the period specified in the offer. If the hotel accepts the guest's offer, it shall confirm the booking in text form (e.g. fax or e-mail); this shall also apply in the event of a telephone booking by the guest.
2.2 If a third party has booked as a representative for the Guest, he shall be liable to the Hotel together with the Guest as joint and several debtors for all obligations arising from the contract, provided that the Hotel has an express declaration of joint liability from the third party.
2.3 The hotel and guest shall be liable to each other in accordance with the statutory provisions.
2.4 In addition, the hotel shall be liable for its obligations under the contract with the due care of a prudent businessman.
2.5 Within the scope of his statutory duty to minimise damage, the Guest is obliged to do what can reasonably be expected of him to remedy faults and minimise possible damage, and to notify the Hotel immediately of any faults or damage.
3.1 The hotel is obliged to provide the services ordered by the guest and promised by the hotel. In principle, the Guest has no claim to the provision of specific rooms of the Hotel.
3.2 The Guest is obliged to pay the agreed or applicable prices of the Hotel for these and other services utilised. This also applies to contractually agreed services and expenses of the hotel to third parties, in particular also to claims of copyright collecting societies. The agreed prices include the applicable statutory value added tax.
3.3 Hotel invoices without a separate due date are payable in full within 10 days of receipt of the invoice.
3.4 The hotel may at any time demand immediate payment of due claims from the guest. In the event of late payment, the hotel shall charge interest at a rate of 9% above the base rate or, in the case of legal transactions involving a consumer, at a rate of 5% above the base rate. The guest always reserves the right to provide evidence of lower damages.
3.5 The hotel is entitled to demand a reasonable advance payment or security deposit in the form of a credit card guarantee from the guest upon conclusion of the contract; in the case of the conclusion of a contract with a consumer, the advance payment shall not exceed 25% of the agreed total price. The specific amount of the advance payment and the payment dates shall be agreed between the hotel and the contracting party in the contract in text form (e.g. e-mail). In the case of advance payments or security deposits in the context of package holidays, the statutory provisions shall remain unaffected by the above.
3.6 If the guest is in arrears with payment or if the scope of the contract is extended, the hotel is entitled to demand an advance payment or security deposit within the meaning of Clause 3.5 or an increase in the advance payment or security deposit agreed in the contract up to the full agreed remuneration, even after conclusion of the contract up to the beginning of the stay.
4.1 The conclusion of the contract obliges the contracting parties to fulfil the contract. The guest is entitled to withdraw from the contract up to the beginning of the 8th week before the contractually agreed start of the event or arrival date without incurring payment or compensation claims by the hotel, unless a different arrangement has been agreed between the contracting parties, which requires at least text form (e.g. e-mail, fax, letter) to be effective. Cancellation by the guest of the contract concluded with the hotel requires the hotel's consent in text form (e.g. by e-mail or fax). From the beginning of the 8th week before the start of the event or the day of arrival, it is possible to withdraw from the contract concluded with the hotel free of charge if another statutory right of withdrawal or cancellation exists or if the hotel expressly agrees to the cancellation of the contract, at least in text form.
4.2 If a right of cancellation granted by the hotel has already expired, if there is no statutory right of cancellation or termination and if the hotel does not agree to the cancellation of the contract, the hotel shall retain the claim to the agreed remuneration despite the guest's failure to use the service. The hotel must offset the income from other rentals as well as the expenses saved.
4.3 The expenses saved can be calculated as a lump sum as follows:
4.3.1 The cancellation of booked single rooms (which are not part of a group booking and for which no conference flat rate per participating guest applies) is subject to the conditions set out in Upstalsboom's General Terms and Conditions "Hotel Accommodation". These can be viewed on the website at www.upstalsboom.de/agb.html.
4.3.2 If, in deviation from 4.3.1, conference flat rates per participating guest have been agreed, the hotel is entitled to charge 35% in the event of cancellation from the beginning of the 8th to the beginning of the 4th week before the contractually scheduled start of the event, from the beginning of the 4th and up to the beginning of the 2nd week before the contractually scheduled start of the event. In the event of cancellation from the beginning of the 4th week and up to the beginning of the 2nd week before the contractually scheduled start of the event, the Organiser shall be entitled to charge 50% of the conference flat rate x agreed number of participants, from the beginning of the 2nd week before the contractually scheduled start of the event 80% and in the event of cancellation from 24 hours before the contractually scheduled start of the event 95% of the conference flat rate x agreed number of participants. In the case of group bookings, the hotel is entitled to deduct the aforementioned cancellation fees from the room rate in accordance with sentence 1 for cancellations within the periods specified in sentence 1 and to charge the guest.
4.3.3 In the case of room rental, the following applies: If the guest cancels a room rental contract from the beginning of the 8th to the beginning of the 4th week before the contractually scheduled start of the event, the hotel is entitled to charge 35% of the lost food turnover in addition to the agreed room rental price, and 70% of the food turnover in the event of any later cancellation. The calculation of the food turnover is based on the formula: agreed menu price x number of participants. If no price has yet been agreed for the menu, the cheapest 3-course menu of the respective valid event offer shall be used as a basis.
4.3.4 Up to 48 hours before the contractually agreed start of the event or arrival date, the number of participating guests may be reduced by up to 10% of the originally booked number of participants free of charge by cancelling individual persons. Such a reduction must be made in writing to be effective. Changes to the number of participants for a joint meal or for conference packages must be communicated to the hotel at least in text form at least 48 hours before the contractually scheduled start of the event or arrival date, otherwise the originally booked number of covers or conference packages will be charged. For reductions in the number of participants after the specified period or beyond the 10% limit, the above cancellation conditions shall apply.
4.4 The hotel reserves the right to charge the guest a processing fee of 25.00 euros in the event of cancellation or no-show. For the cancellation or no-show of group bookings, the guest may be charged a processing fee of 100.00 euros by the respective hotel.
4.5 The guest is free to prove that the above claims have not arisen or have not arisen in the lump-sum amount demanded. The hotel is at liberty to prove that a higher claim has arisen.
If an agreed advance payment or security deposit is not made even after a grace period has expired, the hotel is entitled to withdraw from the contract.
6.1 The guest must inform the hotel without undue delay of any change to the confirmed number of participants and/or confirmed event time so that the hotel can make the necessary arrangements.
6.2 Changes to the number of participants by more than 5% or changes to the number of participants that are communicated to the hotel less than 5 working days before the planned start of the event require the hotel's consent, at least in text form. Please refer to the cancellation options in the event of a reduction in the number of participants. Clause 4.3.4.
6.3 A subsequent reduction in the number of participants by the guest by a maximum of 5% will be recognised by the hotel when invoicing. In the event of a subsequent reduction exceeding this, the agreed number of participants less 5% shall be taken as the basis. The guest has the right to reduce the agreed price by the expenses saved due to the low number of participants, which he must prove.
6.4 In the event of an upward deviation in the number of participants, the actual number of participants shall be charged. If the number of participants deviates by more than 10%, the hotel is entitled to redetermine the agreed prices and to exchange the confirmed rooms, unless this is unreasonable for the guest.
6.5 If the agreed start or end times of the event are postponed and the hotel agrees to these deviations, the hotel may charge a reasonable fee for the additional readiness to perform, unless the hotel is at fault.
The guest may not bring food and beverages for general consumption to events at the hotel. Exceptions require an agreement in text form with the hotel. In such cases, a contribution to cover overheads may be charged. Guests are at liberty to provide their own food for medical or similarly urgent reasons. In this case, the hotel asks for appropriate notification.
8.1 Insofar as the hotel procures technical and other equipment from third parties for the guest at the guest's request, it acts in the name of, on behalf of and for the account of the guest. The guest is responsible for the careful handling and proper return of the equipment. The Guest shall indemnify the Hotel against all justified claims of third parties arising from the provision of such equipment.
8.2 The use of the guest's own electrical equipment using the hotel's electricity network requires the hotel's consent in text form. The use is at the guest's own risk. Any malfunctions or damage to the hotel's technical equipment resulting from the use of such equipment shall be borne by the guest, unless the hotel is responsible for such malfunctions or damage.
8.3 With the hotel's consent, the guest is authorised to use his own telephone, fax and data transmission equipment. The hotel may charge a connection fee for this. We would like to point out that the guest as the organiser is responsible for the registration and any GEMA fees for the playing of sound carriers, performances by musicians and similar musical performances brought along by the guest.
9. 1 Any decoration material brought into the event must comply with the legal, technical and, in particular, fire safety requirements. The hotel is entitled to demand proof of this. If such proof is not provided, the hotel is entitled to remove material already brought in at the guest's expense. In order to avoid damage, the installation and attachment of objects must be agreed with the hotel in advance.
9.2 Any exhibits or other items brought into the hotel must be removed immediately after the end of the event. If the Guest fails to do so, the Hotel may remove and store the items at the Guest's expense. If the items remain in the function room, the Hotel may charge a reasonable compensation for use for the duration of their retention. The guest is at liberty to prove that the above-mentioned claim did not arise or did not arise in the amount demanded. This also applies to material supplied in advance by the guest.
10.1 Amendments or additions to the contract, the acceptance of the application or these terms and conditions for events should be made in text form. Unilateral amendments or additions by the guest are invalid.
10.2 The place of fulfilment and payment is the registered office of the respective hotel. If the guest is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract shall be the registered office of the respective hotel. If the customer does not have a general place of jurisdiction in Germany or if his place of residence or habitual abode is not known at the time the action is filed, the place of jurisdiction shall be the registered office of the respective hotel.
10.3 German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods and the conflict of laws rules of German private international law. The mandatory provisions of the law of the country in which the guest has his habitual residence shall remain unaffected if and insofar as the guest has concluded a contract that cannot be attributed to the guest's professional or commercial activity (consumer contract) and if the guest has performed the legal acts required to conclude the contract in the country of his habitual residence.
10.4 Should individual provisions of these General Terms and Conditions for Events be invalid or void, this shall not affect the validity of the remaining provisions. The same shall apply in the event of an unintended loophole. In all other respects, the statutory provisions shall apply.
1.1 These General Terms and Conditions (GTC) apply to all contracts between Upstalsboom Hotel + Freizeit GmbH & Co KG ("Upstalsboom") and the guest for the rental of holiday homes, holiday flats and holiday flats ("holiday property"), which are concluded in particular via the websites operated by Upstalsboom such as www.upstalsboom-ferienwohnungen.de or www.upstalsboom-aparthotels.de ("Services"), the "holiday telephone" or the Upstalsboom service office or via the online portals of other providers.
1.2 The provision of services is carried out in the name and for the account of the respective landlord. Upstalsboom is not the owner of the respective holiday property. In particular, Upstalsboom does not become part of the rental agreement concluded between the guest and the owner or proprietor of the respective holiday property.
1.3. The guest's terms and conditions do not apply, even if known, unless Upstalsboom has expressly agreed to them in writing.
1.4. Last-minute bookings are arrivals within 14 days of conclusion of the contract.
2.1 The rental contract for a holiday property is concluded when the guest confirms the offer sent to him, e.g. by e-mail, immediately or within the period specified - without specifying a period, in any case within 14 days of receipt. In the case of a last-minute booking (Section 1.4.), the rental contract is concluded if the guest confirms the binding offer submitted to him in text form (e.g. by e-mail or fax) within 24 hours. Upstalsboom is entitled to make and accept the necessary declarations on behalf of the landlord of the holiday property.
2.2. The guest can also commission the provision of the rental of a holiday property via the services operated by Upstalsboom or by third parties. The following applies to the conclusion of the contract via the services operated by Upstalsboom (such as the website):
2.2.1. The contract language is German.
2.2.2. By completing and sending the electronic form in the respective service (e.g. clicking on "Book now for a fee"), the guest commissions Upstalsboom to provide the services selected by the guest with binding effect
2.2.3. The guest must complete the electronic form carefully. Incorrect information can be corrected independently using the usual PC functions such as the "Back" function of the browser until the form is sent or the process can be cancelled. Incorrect information (e.g. incorrect name and/or email address) can lead to errors in the agency agreement and the rental agreement for the holiday property, for which the guest is then responsible.
2.2.4 After submitting the form, the guest automatically receives an email confirming receipt of the enquiry sent via the form on the website. In addition to the data submitted by the guest, this e-mail also contains Upstalsboom's General Terms and Conditions. This e-mail does not yet lead to the conclusion of the rental contract; a corresponding contract confirmation will be sent separately to the guest after availability has been checked.
2.2.5. The contract confirmation is usually sent in text form (e.g. by e-mail), but does not require a specific form to be effective. If the guest has not received a contract confirmation or other message from Upstalsboom regarding their order within three (3) working days of sending the electronic form, they are requested to check the SPAM folder of their email account and - if this remains unsuccessful - to contact Upstalsboom's holiday telephone
2.2.6. The text of the contract is stored by Upstalsboom for a limited period after the contract has been concluded, but can no longer be accessed by the guest via the Internet after the process has been completed on the website for security reasons. The guest is therefore required to ensure that the text of the contract is saved, for example by printing out the electronic contract confirmation. The contract text will be deleted or blocked for further use after the contract has been fully processed, unless this is contrary to tax or commercial law regulations or overriding legitimate interests on the part of Upstalsboom
2.2.7 If the guest uses online portals operated by third parties to conclude the contract, the guest submits a binding offer to the landlord of the holiday property to conclude a contract if, at the end of the respective booking process (after selecting the holiday property and entering their travel data, personal data and payment details), they press the button ("Button") which expressly informs them of the assumption of a payment obligation. The guest can also correct incorrect information here independently using the usual PC functions such as the "Back" function of the browser until the form is sent or cancel the process. The contract is concluded when the guest receives a confirmation in text form (usually by e-mail) from the landlord of the holiday property or on his behalf. With regard to Upstalsboom, sections 2.2.1, 2.2.5 and 2.2.6 apply accordingly. With regard to the details of the conclusion of the contract in the services of third parties, the correction options when using online portals operated by third parties and the storage of the contract text by third parties, the guest should take note of the relevant information provided by the respective website or portal operator, which may deviate from these GTC.
2.3 Upstalsboom reserves the right, for the protection of other guests, employees and also the guest himself, to refuse to conclude the contract if the guest or fellow travellers wish to enter from an area that has been classified as a risk area for infectious diseases by the Foreign Office of the Federal Republic of Germany or the Robert Koch Institute (RKI) or the World Health Organization (WHO) in a period of 14 days or more before the planned day of arrival and, according to the assessment of the RKI or the WHO, an infection from person to person is possible.
2.4 We recommend that you take out adequate insurance cover (e.g. for travel cancellation costs).
Guests are requested to note that they, as consumers, are not entitled to a statutory right of cancellation when concluding distance selling contracts if the contract is for accommodation for purposes other than residential purposes, transport of goods, vehicle rental, delivery of food and beverages and for the provision of other services in connection with leisure activities and the contract provides for a specific date or period for the provision of the service. However, if it is a package travel contract in accordance with Section 651a BGB that has been concluded by a consumer outside of business premises, then the consumer has a statutory right of cancellation. This does not apply if the verbal negotiations on which the conclusion of the contract is based were conducted at the consumer's prior request.
4.1 Rented holiday properties are available to the guest from 17:00 on the day of arrival and until 10:00 on the day of departure. The holiday property must be left swept clean on the day of departure. The guest must clean dishes, kitchen appliances etc., empty the dishwasher and refrigerator and dispose of the rubbish
4.2. Internet access or WLAN is available to the guest in designated holiday properties. Upstalsboom passes on existing information from the landlord in this regard (e.g. on chargeable/free of charge) to the guest with the care of a prudent businessman. The guest is asked to take into account that the corresponding facilities in the holiday properties are not designed for intensive or business use; in particular, access by many guests at certain times can lead to a reduced transmission quality. When using the Internet access, the guest shall observe the landlord's instructions. In particular, the tenant undertakes not to use the holiday property's internet access for
4.3 Guests are only permitted to bring pets with them if they have given their consent, which must at least comply with the statutory text form. There is a surcharge for bringing pets, which will be communicated to the guest in good time when the contract is concluded.
5.1 The prices valid at the time the contract is concluded shall apply. All prices include the applicable statutory VAT as well as any cultural taxes ("bed tax"). Local tourist taxes are not included in the prices. These are to be paid by the guest and their fellow travellers on site according to the local rates.
5.2. a service fee of € 19.00 incl. VAT is charged per contract conclusion.
5.3. the agreed price must be transferred in full to the Upstalsboom account specified in the contract confirmation no later than one (1) month before the day of arrival. Notwithstanding this, the price of accommodation for last-minute bookings is due upon provision. Upstalsboom is expressly authorised by the respective landlord of the respective holiday property to collect payment.
5.4 The total price to be paid includes a final cleaning fee, the amount of which depends on the layout and furnishings of the respective holiday property. The flat rate is between € 54.00 and € 160.00 incl. VAT and will be specified when the contract is concluded. The guest is obliged to state before the conclusion of the contract whether he will carry out the final cleaning of the holiday property himself. After proper final cleaning confirmed by Upstalsboom, the guest will be reimbursed the final cleaning fee.
5.5 The total price does not include the provision of bed linen, shower towels and towels in the holiday flats and houses (except aparthotels). The guest can optionally book a corresponding linen package - if available - for an additional charge of € 14.90 incl. VAT per person.
6.1 Cancellation of the rental contract by the guest is only possible if a right of cancellation has been expressly agreed or a statutory right of cancellation exists or if the landlord expressly agrees to the cancellation of the contract.
6.2 If this is not the case, the landlord retains the right to the agreed rent despite non-use of the service. The guest shall not be released from the obligation to pay the rent by the fact that he is prevented from using the holiday property for a reason relating to himself. The income from renting the holiday property to another party and the expenses saved shall be offset against the rental price. If the holiday property cannot be rented to another party, a flat rate of 20% of the rental price shall be deducted as saved expenses. The guest is at liberty to prove that the aforementioned lump sum was not incurred or was not incurred in the amount claimed. In this case, Upstalsboom reserves the right to charge the guest a handling fee of € 40.00 incl. VAT.
6.3 The right to extraordinary cancellation in accordance with the statutory provisions remains unaffected.
7.1 Claims of the guest against Upstalsboom arising from the agency contract are subject to a limitation period of one year, notwithstanding § 195 of the German Civil Code, unless the damage is based on injury to life, limb or health, or such damage is based on a grossly negligent breach of duty by Upstalsboom or an intentional or grossly negligent breach of duty by a legal representative or vicarious agent of Upstalsboom. The limitation period begins at the end of the year in which the claim arose and the guest becomes aware of the circumstances giving rise to the claim and the person of the debtor, or should have become aware of them without gross negligence.
7.2 In all other respects, the statutory provisions apply to liability arising from the agency contract. For items brought in by the guest, §§ 701 ff. BGB APPLY.
8.1 All legal relationships between Upstalsboom and the guest arising from the agency contract and these GTC are subject exclusively to the law of the Federal Republic of Germany (FRG) to the exclusion of the UN Convention on Contracts for the International Sale of Goods. If the guest is a consumer, sentence 1 only applies insofar as the choice of law does not undermine the protection of mandatory legal provisions of the country in which he has his habitual residence. A natural person is deemed to be a consumer if the conclusion of the contract cannot be predominantly attributed to their commercial or independent professional activity.
8.2. If the guest is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this agency agreement is Emden. The same applies if the guest does not have a general place of jurisdiction in the Federal Republic of Germany or if their place of residence or habitual abode is unknown at the time the action is brought.
8.3. Upstalsboom endeavours to settle any disagreements arising from consumer contract relationships in an amicable manner. In the event of complaints, the guest can therefore contact e.berk@upstalsboom.de. The limitation period for any claims is excluded for the duration of this procedure. If no agreement is reached there, legal action may be taken - without prior attempt at mediation by a state-recognised body.