AGB
Floating Village –
General Terms and Conditions of Rental
The Floating Village on Lake Brombach is
operated by Eco Lodges GmbH (hereinafter referred to as "ELG"). The
water villas in the Floating Village are owned by various investors/owners. The
following General Terms and Conditions of Rental apply to the rental agreement
to be concluded between the lessor and the lessee for the rental of the water
villa and regulate the rights and obligations of the owner (hereinafter also
referred to as the "Lessor") and the tenant in a binding manner.
ELG is the
broker of the water villa on behalf of the Lessor. The "General terms and
conditions for the brokerage of travel services" apply to the legal
relationship between the lessee and ELG with respect to the brokerage of the
rental of the water villa These can be viewed/accessed at www.eco-lodges.de. ELG is the
Lessor’s representative. The direct contact for the lessee in connection with
the rental is therefore ELG.
In addition, ELG will provide the lessee with
consumable materials in the water villa and will arrange the final cleaning of
the water villa. Optional separate services can also be used on site by ELG as
the operator of the Floating Village (in relation to this, see the homepage
under "Services"); however, these General Terms and Conditions of
Rental do not apply to these.
Table of contents
§ 1 Rental
object and rental purpose
§ 3 Use of the water villa and
the Floating Village
§ 4 Bookings, payment methods,
prices
§ 6 Withdrawal (cancellation), rebooking
by the lessee
§ 7 MICE cancellation,
withdrawal, number of participants and loss or damage
§ 8 Obligations of the Lessee, damages,
final cleaning, underwater recovery
§ 9 Massage and beauty treatments
§ 15 Provision of Internet access
§ 16 Hygiene and protection
regulations
§ 17 Passport, visa and entry
requirements
§ 19 Invalidity clause, written form and
other matters
§ 1
Rental object and rental purpose
The Lessor (see § 19), represented by ELG, rents the
water villa (floating house) that is the subject of the contract to the lessee.
The water villa
is rented to the lessee by the Lessor for short-term accommodation in the
context of a holiday stay or a stay in connection with a business trip or
company event.
The arrival and departure times indicated by the lessee and accepted by
the Lessor, represented by ELG, at the time the booking is made are binding.
Check-in is from 3 p.m. until 5 p.m. The time window for check-in is
agreed in advance between the lessee and ELG.
Check-out on the day of departure takes place between 9:00 a.m. and
11:00 a.m., and a time for departure will be set between the lessee and ELG
during the lessee’s stay.
§ 3
Use of the water villa and the Floating Village
(1)
The water villa may only be occupied by the number of persons indicated
in the booking confirmation. If the water villa is occupied by more people than
permitted, the Lessor may expel the surplus people from the water villa.
(2)
Pets require separate approval for each animal and are only allowed in
certain water villas for a surcharge. It is not permitted to brush animals in
the house or to take them into bed! In the event of non-compliance, a separate
fee of EUR 120 per animal will be due. The lessee is liable for any damage
caused by the keeping of animals.
(3)
If a boat (e.g., rubber dinghy, fishing boat, etc.) is brought by the
lessee or his or her companion, then, on condition that a berth has been
registered and booked with ELG in advance, the lessee is responsible for the
use of the boat and, therefore, for the equipment and requirements for it under
the law. Among other things, users of a boat are obliged to carry a life jacket
with them. Neither the landlord nor ELG is responsible for accidents or damage in
connection with use of a boat. The port regulations of Zweckverband Brombachsee
(Brombachsee administrative union) entitled "Regulations for the port
facilities at Brombachsee" and other legal provisions must be observed.
The costs for damages caused to the water villa or the associated
infrastructure must be borne by the lessee/the user or owner of the boat.
(4)
Swimming in the Floating Village is only permitted in the designated
areas (up to demarcation buoys in the port area). Swimming in this area is at
the swimmer’s own risk. Swimming between the houses is prohibited.
Furthermore, a distance of at least 3 meters must be maintained from the
jetties and crossing bridges when swimming, in order to
not damage built-in technical installations above and below the water and not
give rise to any risk of injury. Diving under the jetties, bridges and under
the houses is strictly prohibited, as is jumping from the house into the water
from the terrace and roof terrace! The water must only be entered and exited for
swimming via the built-in ladder at the front terrace of the water villa.
When swimming in the Floating Village, consideration must be given to
other guests and their privacy and to restful and quiet behavior. Swimming at
night or under the influence of alcohol is prohibited. Parents are responsible
for supervising their children.
Nude bathing is prohibited in the entire area of the Floating Village
and in the port facility. Nudism is prohibited in the entire Floating Village,
including on the terraces/roof terraces.
(5)
The use of SUPs (stand-up paddleboards) in the port area is prohibited
in accordance with the port regulations.
(6)
Feeding animals in the water or in the air is prohibited in the entire
area of the Floating Village.
(7)
Fishing in the Floating Village is prohibited. The
requirements and regulations for fishing on the Great Lake Brombach (Großer
Brombachsee) can be ascertained from Zweckverband Brombachsee atwww.zv-brombachsee.de/angeln/ and must be complied with.
(8)
ELG accepts no responsibility for allergic reactions the lessee has in
the floating houses.
(9)
Neither the Lessor nor ELG can be held responsible for noise, e.g., from
construction work, cleaning and maintenance work, boats, events or similar.
(10)
Please refer to the current house rules for further information.
§ 4
Bookings, payment methods, prices
(1)
All prices are provided in euros unless otherwise stated.
(2)
The lessee must be at least 18 years of age on the day of booking. For
youth group trips, the lessee of the floating house must be at least 21 years
of age on the day of booking.
Youth group trips (at least 6 persons, most of whom are under 21 years
of age) must be named and registered as such when booking.
(3)
Bookings are immediately binding. Bookings are only completed when the
lessee’s request (offer) has been accepted by the Lessor, represented by ELG.
This only takes place upon express acceptance of the lessee’s request (offer)
in writing or by email. ELG will send a confirmation for this. The water villa
is therefore only considered to be booked when receipt of the lessee’s request
(offer) has been confirmed by ELG in writing or by email.
(4)
The lessee will receive a booking confirmation with further information
before arrival.
(5)
After receiving the booking confirmation, the lessee is obliged to
provide payment as follows:
§
In the case of payments by credit card, these will be charged roughly 5
days before the start of the rental.
§
In the case of payments by direct debit, the amount will be charged
roughly 5 days before the start of the rental.
§
In the case of payments by PayPal or Sofortüberweisung,
the amount will be charged immediately
Cash payment on site is only possible in exceptional cases. The lessee must
ensure that there are sufficient funds on the specified payment systems at the
time the charge is made.
In the event of default of payment, the lessee will be liable for
damages, and default interest/reminder fees will be charged. If, in the event
of default, payment is received within 5 days, the aforementioned
fees will not be charged. If payment is not received within 5 days, the
Lessor can assign the payment amount to his or her debt collection partner or
law firm. The lessee shall bear the costs of the debt collection agency and/or
legal partner.
Payment must be made free of any deductions. Any possible bank charges
(domestic or foreign) shall not be borne by the Lessor.
(6)
If payment deadlines are not adhered to and the corresponding payment
arrears are not remedied even after another informal deadline has been set, the
Lessor, represented by ELG, shall be entitled to terminate the booking for the
existing rental agreement. Termination of the rental agreement for this reason
does not release the lessee from paying the price for the accommodation or the
services booked. The statutory provisions shall apply in all other respects.
(7)
Prices quoted for the rental of the water villa include fixed, mandatory
ancillary costs as well as value-added tax. Unless otherwise stated, the
accommodation rate shown is the price including the consumption of electricity,
water, fuel, Wi-Fi and the like.
(8)
Note: Services from ELG that the tenant uses on site will be billed
separately by ELG.
(1)
For youth group trips, a deposit of EUR 500 per water villa must be
paid.
(2)
The Lessor releases the lessee from liability for minor damage up to an
amount of EUR 25 in the event of damage. In the event of damage in excess of EUR 25, the actual damage will be compensated
by the lessee. In such cases, the Lessor will charge a processing fee of EUR
50. If the effort involved in processing the damage (processing fee) takes up
more than 2 hours of processing time, a charge will be made based on the effort
outlaid.
§ 6
Withdrawal
(cancellation), rebooking by the lessee
(1)
If the lessee withdraws from the rental contract before the start of the
rental without naming a new lessee who will enter into
the contract under the same conditions, the following compensation from the
accommodation rate is to be paid if it is not possible for Eco Lodges to rent
the water villa(s) to someone else:
1.
From the point of booking up until 50 days before the start of the
rental:
10% of the
accommodation rate
2.
Between 30 and 49 days before the start of the rental:
30% of the
accommodation rate
3.
Between 15 and 29 days before the start of the rental:
60% of the
accommodation rate
4.
Between 14 days before the start of the rental and the start of the
rental, or in the event of a no-show:
100% of the
accommodation rate
The final clean is not taken into account in
the compensation (saved expenses).
(2)
It is only possible to withdraw from the contract in writing. The day on
which the declaration is received by ELG, as the Lessor’s representative, shall
be the date on which the lessee’s withdrawal is deemed to be issued.
(3)
After withdrawing from the contract, the lessee may designate another
replacement lessee who is willing to take his or her place in the existing
contractual relationship. The Lessor, represented by ELG, may object to a third
party entering into the contract without having to
give reasons (e.g., if the third party appears economically or personally
unreliable). Should ELG accept a replacement lessee, this will result in a
processing fee of EUR 50.
(4)
The Lessee reserves the right to prove that fewer damages or no damages
at all were incurred.
(5)
The Lessee can request a rebooking (change of the booked rental period)
in writing. It is at ELG’s own discretion, as the Lessor’s representative,
whether to accept the request. If the rental contract is rebooked, the Lessee
accepts a processing fee of EUR 40 for the expenses incurred.
(6)
If, when booking a water villa via other booking channels (e.g.,
booking.com or Expedia), different rules for cancellation are set, these
different rules apply.
§ 7
MICE cancellation, withdrawal, number of participants and loss or damage
As part of the tourism industry, MICE falls primarily under business trips and stands for
meetings, incentives, conferences and events. MICE encompasses
the organisation and implementation of, for example,
conferences, incentive and motivational events, or congresses, but also events
such as birthdays or weddings, which means that MICE also includes private
travel.
Since the Floating Village primarily stands
for rest and relaxation and special circumstances prevail, events can only take
place to a limited extent.
(1)
If events are cancelled, the following rules apply:
i.
For cancellations up to 60 days before the start of the event, the
Lessee must pay compensation of 50% of the booked accommodation rate,
conference flat rate and food
ii.
In the event of a cancellation after this period of 60 days before the
start of the event has expired, the Lessor will charge 100% of the rental
price, the conference flat rate and food
iii.
The amount for the food is calculated for all meals according to the
following formula: agreed price times the number of participants. If no price
has yet been agreed for the food, the cheapest quote obtained by ELG will be
used as a basis.
(2)
Withdrawal of the Lessor from events:
i.
If it is agreed that the Lessee can withdraw from the contract within a
specified period without incurring any costs, the Lessor is entitled to cancel
the contract within this period from his or her side if there are enquiries
from other customers regarding the water villas booked under the contract and
the lessee does not relinquish his or her right of cancellation upon request by
the Lessor, with an appropriate period of time being set for this.
ii.
If an agreed or requested advance payment or security deposit is not
made even after expiration of a reasonable grace period set by the Lessor, the
Lessor shall, again, be entitled to withdraw from the contract
iii.
Moreover, the Lessor shall be entitled to withdraw from the contract
extraordinarily for an objectively justified reason – in particular, if:
1.
a force majeure or other circumstances beyond the control of the Lessor
make fulfilment of the contract impossible;
2.
events or water villas are booked using culpably misleading or false
information or with essential facts being concealed; essential facts can
include the identity or solvency of the customer or the purpose of his or her stay;
3.
the Lessor has justified cause to believe that the event may endanger or
damage the smooth business operations or security of the Lessor or intermediary
or either of their reputations (e.g., political events) in the eyes of the
public, and this is not to be ascribed to anything that falls within the
Lessor’s sphere of command or organizational area; or
4.
the purpose or motivation behind the event is unlawful.
iv.
Justified withdrawal on the part of the Lessor does not give rise to any
claims for damages on the part of the customer.
(3)
Changes to the number of participants and the time of the event:
i.
The Lessee is obliged to inform the Lessor of the expected number of
participants when making the reservation. The Lessor must be informed of the
final number of participants by email no later than 60 days before the event in order to ensure careful preparation.
ii.
A change in the number of participants by more than 5% must be
communicated to the Lessor no later than fifteen working days before the start
of the event; it requires the written approval of Eco Lodges
iii.
If the number of participants deviates by more than 10%, Eco Lodges is
entitled to re-determine the agreed prices and to swap the confirmed
rooms/water villas, unless this is unreasonable for the customer.
iv.
If the agreed start or end times of the event shift and Eco Lodges
agrees to these deviations, the Lessor can invoice an appropriate amount for
the additional commitment, unless Eco Lodges is at fault.
(4)
Loss of or damage to items the customer brings with him/her:
i.
Any exhibition or other items, including personal items are brought in
the event rooms at the customer’s own risk. Eco Lodges assumes no liability for
loss, destruction or damage, and also not for
financial loss, except in the case of gross negligence or wilful
misconduct on Eco Lodges’ part. Compensatory damages for a fatal or physical
injury or harm to one’s health are excluded from this. Also excluded from this
exemption from liability are all cases in which safekeeping represents the kind
of obligation that is typical for such a contract, due to the circumstances of
the individual case in question.
ii.
Exhibition or other items brought with one are to be removed immediately
upon conclusion of the event. If the lessee fails to do this, Eco Lodges may remove
and store them at the expense of the lessee. If the objects remain in the event
room, Eco Lodges may charge an appropriate compensation for use for the
duration for which they remain there. The guest has the right to prove that the
above claim did not arise, or only arose to a lesser extent.
§ 8
Obligations of the
Lessee, damages, final cleaning, underwater recovery
(1)
The Lessee undertakes to treat the water villa, including the furniture
and other objects within it, with care. He or she must encourage all companions
or visitors to also show such care. The Lessee must report to Eco Lodges any
damage to the water villa, the furniture or other objects in the water villa
that was culpably caused by the customer or any companions or visitors, and must compensate this immediately.
(2)
The Lessee must notify the Lessor immediately of any existing or
emerging defects in the water villa. The Lessee is liable for any consequential
damage caused by him or her that was not reported in time. The Lessee is
obliged to check the inventory in the water villa immediately after his or her
arrival and to notify the Lessor of any shortages or damage after arrival. The
Lessee must in principle lodge complaints about damage to the Lessor,
represented by ELG, within one month of the end of the rental period.
(3)
In the event of defects or damage, the Lessor must be granted a
reasonable period of time to remedy the situation. In
the event of disruptions to services, the Lessee is obliged to contribute to
rectifying the disruption and to keep any damage to a minimum.
(4)
Objects of any kind brought in by the Lessee or any companions and
visitors of the Lessee, including exhibit objects for MICE, are brought into
the Floating Village at the risk of the lessee. The Lessor assumes no liability
for theft, loss, destruction or damage, and also not
for financial loss, except in the case of gross negligence or wilful intent on the part of the Lessor. Compensatory
damages for a fatal or physical injury or harm to one’s health are excluded
from this. Also excluded from this exemption from liability are all cases in
which safekeeping represents the kind of obligation towards the lessee that is
typical for such a contract, due to the circumstances of the individual case in
question.
(5)
Decorative material brought in must comply with fire protection
requirements. The Lessor is entitled to request official proof of this. If no
such evidence is provided, the Lessor is entitled to remove material that has
already been brought in at the Lessee’s expense.
(6)
Due to the possibility of damage, the Lessor must be consulted before
objects are assembled or installed.
(7)
Exhibition or other items brought with one are to be removed immediately
upon conclusion of the event/stay. If the Lessee fails to do this, the Lessor may
remove and store them at the expense of the Lessee. If the objects remain in
the Floating Village, the Lessor may charge appropriate compensation for use
for the duration for which use of the water villa is withheld.
(8)
At the end of the rental period, the Lessee must hand over the water
villa to the Lessor in a clean and tidy condition and hand over the keys to the
Lessor. In addition, the water villa must undergo a
final clean. For quality and hygiene reasons, final cleaning must be ordered by
the Lessee from ELG and
also availed of by the
Lessee using ELG. A linen package for 4 people is included as part of the final
cleaning package. The Lessee is not allowed to have cleaning done by a third
party. Further essential information concerning this can be found in our
house rules.
The costs for final cleaning are already
included in the final price.
(9)
Regardless of final cleaning, all remaining food leftover by the lessee
must be disposed of on the day of departure, and the refrigerator and freezer must
be emptied. In addition, the Lessee must dispose of the rubbish from all
rubbish bins in the designated disposal stations on the landing stage in
accordance with the waste separation concept. All windows must be closed and
all electrical appliances, including the gas fireplace (in houses with a gas
fireplace), must be switched off. Everything else must be gleaned from the house rules, to which reference is hereby made, and
which is a subject of these General Terms and Conditions of Rental.
(10)
If the Lessee does not comply with these obligations, he or she shall
not be entitled to any claims due to non-performance of the contractual
services (in particular, no claims for reduction of the rent).
(11)
In the event that objects sink into and
are salvaged from the lake, a coordination fee of EUR 100 plus the actual
salvage costs (potentially necessary dives down, equipment, etc.) will be
charged for underwater salvage for each salvage operation.
§ 9
Massage and beauty treatments
(1)
The massage and beauty treatments offered are exclusively for well-being
and relaxation. The massage and beauty treatments offered do not constitute a
medical service. No diagnoses are made, and symptoms are not treated. If you
suffer from health disorders that require treatment, please consult your
doctor, naturopath, therapist or pharmacist
beforehand.
(2)
Our applications are carried out exclusively on healthy customers. No
treatments will be carried out in the event of illness. If consequential damage
occurs despite competent treatment, and this can be attributed to the fact that
a customer has concealed reasons for exclusion, ELG and its service providers
are released from any and all liability. The same
applies to damage that occurs because the customer him or herself was not aware
of a reason for exclusion and which was not discernible to ELG and its service
providers.
(3)
If agreed appointments are cancelled 3 days or more before the
treatment, a 50% cancellation fee will be charged. In the event of
cancellations less than three days before a treatment, or in the event of a
no-show, all treatments must be paid for in full.
(4)
All "Wellness on the Water" offers are
"all-inclusive" services. This means, including VAT, travel there
& equipment. All wellness treatments can be booked on request and subject
to availability.
(1)
The yoga participant must disclose any existing health impairments or
illnesses or an existing pregnancy when registering. In the yoga class,
instructions are then given for the corresponding exercises as to whether the
exercise may be carried out at all or only in a modified manner. These
instructions are binding for the yoga participant. No treatments will be
carried out in the event of illness. The trainer(s) ultimately decide(s) who
may participate.
(2)
Participants use the water villas at their own risk. The Lessor is only
liable for damage suffered by the participants in the event of gross negligence
or wilful misconduct.
(3)
If agreed appointments are cancelled 3 days or more before the yoga
class, a 50% cancellation fee will be charged. In the event of cancellations
less than three days before a yoga class, or in the event of a no-show, all
yoga classes must be paid for in full.
(4)
All "Yoga on the Water" offers are Eco Lodges
"all-inclusive services". This means, including VAT, travel there
& equipment. The course participant should bring comfortable sports/yoga
clothing or thick socks, and, if available, his or her own yoga mat. All yoga
offers can be booked on request and subject to availability.
(1)
Use of the stand-up paddle boards and accessories is undertaken at one’s
own risk. The lessee is liable for all damage and loss he or she causes.
(2)
The only people authorized to avail of the offers are those who are not
impaired in carrying out the offered services without endangering themselves or
others.
(3)
If the user is a minor, a declaration from his or her legal
representative is required, stating that the requirements mentioned under (1)
and (2) are met by the minor. This declaration is at the very least implied by
the legal guardian consenting to the minor registering for use,
taking into account the general terms and conditions.
(4)
ELG recommends leaving all valuables (e.g., jewellery, mobile phones,
etc.) that are not waterproof in the water villa.
(5)
Stand-up paddleboarding under the influence of mind-altering medication,
alcohol or drugs, or in the dark, is prohibited.
(6)
Should a user clearly fail to meet the requirements or endanger him or
herself or other people, ELG shall be entitled to exclude them at any time,
entirely or partially, from the tour, training session, rental
or event.
(7)
Stand-up paddlboarding is water sport that puts the body under physical
strain: in case of doubt, you should therefore have a doctor check whether your
health is up to the demands of such a tour, training session, rental or event. You are responsible for complying with
health regulations.
(8)
You are responsible for all disadvantages resulting from non-compliance
with these health regulations. This also applies if these regulations change
after a booking is made. If you do not embark on your tour, training session, rental or event, this must be treated as a withdrawal from
the service.
(9)
Stand-up paddlboarding is extreme sport that entails more risk: you are
responsible for any damage you cause to yourself or to others. A certain
residual risk cannot be completely ruled out, even with careful supervision by,
for example, a guide. Every user must be aware of this at all
times.
(10)
Weather changes, bad weather, rain or severe
weather warnings do not justify free termination, dissolution of the contract
or a shortening of the duration of use or the event by the customer, unless an
additional written agreement has been made between the contractual partners.
(11)
The participant is fully liable for the SUP equipment that is rented,
including those rented items that are included in the tour, training
or event price. Should it be impossible for the lessee to comply with his
obligation for any reason (e.g., damage, loss) to return the rented equipment,
including accessories, even if he or she is not responsible for these reasons,
and also in cases of force majeure, he or she shall be obliged to pay
compensation amounting to the customary costs on the market for the repair or
replacement of the items or production of new items.
(12)
Any damage to the rental property must be reported to ELG immediately.
The use of any damaged or unsafe item that is rented is not permitted. The
Lessee is not authorised to repair the SUP equipment
him or herself or have it done by third parties without the prior consent of
the Lessor. This right is reserved exclusively for the Lessor or a specialist
dealer.
(13)
Upon receipt of a booking confirmation or completed registration via
email or on site on the Lessor’s premises, a binding contract is created. The
registrant is then responsible for all participants listed in the registration
across the full scope of contractual obligations. Upon the registrant receiving
the booking confirmation, the contract also becomes fully binding for the
Lessor.
(14)
The rental, tour, training or event fees become
irrevocably due upon registration and the participant providing his or her
signature. Upon providing his or her signature, the lessee undertakes to pay
the entire fee, even if he or she withdraw not in due time before or during the
tour, training session, rental or event.
(15)
The lessee may withdraw from the tour, training session, rental (not
overnight stays!) or event at any time. The withdrawal must be declared in
writing. If agreed appointments are cancelled 24 hours or more before use, a
50% cancellation fee will be charged. In the event of cancellation less than 24
hours before use, or in the event of no-show, 100% of all booked and cancelled
appointments must be paid.
(1)
Vouchers can be purchased from ELG in person, in writing or online.
Vouchers are due for payment immediately.
(2)
To redeem a voucher, this must be communicated using the voucher number
assigned by the Lessor. The voucher amount can only be offset against the price
of the overnight stay, i.e., not against the cost of the final cleaning and not
against additional services booked from ELG.
(3)
If services are used when redeeming a voucher that amount to a price
higher than the value of the voucher, the difference will be invoiced. If the
services used are less than the value of the voucher, the difference will be
reimbursed in non-cash form after departure.
(4)
Due to the long validity of the vouchers, no guarantee can be given that
individual parts of the offer or prices will be retained. In
the event that the owner of a voucher does not like the offer from the
Lessor, no refund can be made.
(5)
The vouchers have an expiry date. The statutory limitation period is
three (3) years from the date of purchase and cannot be extended. There is no
entitlement to compensation for vouchers that have not been redeemed within the
validity period. Each voucher can only be used once within the validity period.
If the voucher is lost, the Lessor assumes no liability. A voucher is like a
cash purchase and cannot be returned or refunded. The period of validity is
accepted at the time of purchase and is binding. Refunds are not possible in
full or in part.
(6)
The purchase of a voucher is a regular sales contract. The voucher does
not represent a booking of the seller’s services but is merely a means of
payment. As the seller, the Lessor is obliged to provide services corresponding
to the value of the voucher at the time of redemption of the voucher. All
vouchers can be passed on to third parties.
(1)
If the Lessee is more than 14 days in arrears with the agreed payments,
the Lessor, represented by ELG, is entitled to cancel the contract without
notice and without further reasons.
(2)
If the contractual relationship is impaired due to unreasonable
occurrences in such a way that a continuation of the contractual relationship
is unreasonable, the Lessor may withdraw from the contract. Both contracting
parties are then released from their contractual obligations. Services already
provided must always be paid for.
(3)
The Lessor may withdraw from the contract or terminate the rental
contract during the rental period without observing any notice period if the
Lessee persistently disrupts the stay, regardless of a warning from the Lessor,
or behaves contrary to the contract to such an extent that immediate
dissolution of the contract is justified. This does not apply if the behavior
in breach of contract is caused by a violation of the Lessor’s obligations to
provide information. If the Lessor gives notice of termination, the Lessor
retains the right to the final price; however, the Lessor must offset the value
of the saved expenses as well as those benefits that the Lessor gains from
other people using the services not used by the Lessee.
(4)
In the case of events (MICE), the Lessor is entitled to invoice the
Lessee for all costs claimed by other parties in the event of termination plus
a processing fee of up to EUR 25 per participant. The Lessee retains the right
to prove that the damages were less severe.
(5)
The contract may be cancelled by either party if the performance of the
contract is significantly impaired as a result of
force majeure that could not have been foreseen at the time the contract was
concluded.
(6)
The right to termination without notice or extraordinary termination for
cause remains unaffected by the above provisions.
§ 14
House rules/Port rules
In addition to these
General Terms and Conditions of Rental, the house and port rules also apply to
the lessee’s stay in the Floating Village. The Lessee is obliged to adhere to
the house and port rules.
§ 15
Provision of Internet access
(1)
After arrival, the Lessee will receive an access code for using the
Internet for the duration of his or her stay. Internet use is included in the
final price.
(2)
It is prohibited for the access data that is received to be used by or
discloses to third parties. The Lessor is not liable for any actual
availability in reality or for any reliability for
specific purposes. The Lessee assures that he or she will only use the Internet
connection within the scope of legal provisions/the laws and not in abuse of
the law (e.g., infringing activity such as file sharing of films or music), and also to instruct family members or visitors accordingly.
(3)
Should the Internet connection be used in an unlawful manner (e.g., for
infringing activity, such as file sharing of films or music), the Lessor shall
be entitled to restrict the Lessee’s Internet access in whole or in part at any
time. In particular, the Lessor reserves the right to block access to certain
pages or services at his or her reasonable discretion at any time.
(4)
The Lessee is only given the possibility of Internet access. Antivirus
and firewall are not available. The data traffic produced while using the
Internet is not encrypted. Use of the Internet is at the user’s own risk. The
Lessor assumes no liability for damage to the Lessee’s digital media caused by
use of the Internet connection. This does not apply to damage caused
intentionally or through gross negligence by the Lessor or his or her vicarious
agents.
(5)
The Lessee undertakes to comply with applicable law when using the
Internet. The Lessee is him or herself responsible for transmitted data as well
as for services and legal transactions that are subject to a charge which are
availed of using it.
(6)
The Lessee indemnifies the Lessor from all damages and claims of third
parties which are based on any use of the Internet by the Lessee that is
incompatible with applicable law and/or on a violation of the present
agreement. This also extends to the costs and expenses associated with the
claim and defence of it. If the Lessee becomes aware, or should have become
aware, of any such violation of the law or the threat of one, he must point
this circumstance out to the Lessor.
§ 16
Hygiene and protection regulations
(1)
The Lessee is responsible for complying with the universally applicable
protection and hygiene regulations during his or her stay.
(2)
The Lessee is obliged to comply with the protection and hygiene
regulations specifically stipulated by the Lessor for the Floating Village.
§ 17
Passport, visa and entry requirements
(1)
The Lessee is responsible for compliance with the valid passport, visa, entry and residence regulations. The Lessor is not liable
for the non-timely issue or the lack of obtaining of the necessary visas. The
Lessee is also responsible for complying with all rules and regulations that
are important for completing the trip, as well as any other important
stipulations that there may be. Any disadvantages incurred by the Lessee as a result of non-compliance with these regulations shall
be borne by the lessee.
(2) The Lessee must enquire
about customs and foreign exchange regulations before commencement of travel.
(3) Due to the global effects
of the COVID-19 pandemic and the risk that international borders are closed on
arrival and departure, the Lessee him or herself is responsible for making
enquiries in this regard.
(1)
The liability of the Lessor for the culpable violation of agent duties
or for booking errors under § 651x of the German Civil Code (BGB) remains
unaffected.
(2)
The Lessor shall not liable for any disruptions
for which the Lessor is not responsible (e.g., internet, TV, radio,
electricity, water, etc.).
(3)
The entire jetty is a hydraulic, maritime, floating facility in exposed
wind and wave conditions on Lake Brombach. Depending on the weather, in extreme
weather conditions, for example, in fog, storms, heavy rain or icy conditions,
use of the entire facility or parts of it may become restricted, or even
completely blocked, and its/their use prohibited. The Lessor is expressly not
liable for any loss of use resulting therefrom. In all other respects, the
statutory provisions apply.
§ 19
Invalidity
clause, written form and other matters
(1)
Should any individual provisions
of this contract be either invalid or unenforceable, or become invalid or
unenforceable after conclusion of the contract, the validity of the remainder
of the contract will remain unaffected. The invalid or unenforceable provision
shall be replaced by a valid and enforceable provision whose effects come as
close as possible to the commercial objectives the contracting parties had
pursued with the invalid or unenforceable provision. The above provisions shall
apply mutatis mutandis in the event that the contract
proves to contain an omission.
(2)
Any amendments or addenda to this contract must be made in writing. This
also applies to any amendment to this form for the written form.
(3)
In addition to these General Terms and Conditions of Rental, the Eco
Lodges "General Terms and Conditions for the Brokerage of Travel
Services" also apply. These regulate the legal relationship between the
lessee and ELG in connection with the brokerage of the water villa.
(4)
The Lessor assumes no liability for photographic errors and printing
errors in brochures, flyers, online, etc. The Lessor is not responsible for
changes to the information provided about the water villas, as the water villas
are subject to natural influences.
(5)
This agreement is subject
exclusively to German law; all legal disputes arising from this agreement must
be settled according to German law.
(6)
The place of jurisdiction for all legal disputes is Munich, to the
extent permitted by law.
The lease under the following berth numbers
("Liegeplatznummer" – "LP"s/floating houses/water villas)
is concluded with the following Lessors, each represented by ELG:
|
|
Contracting partner |
Address |
Tax number |
|
LP01 |
Schneider Klaus
Brombachsee Hausboot-vermietung |
Frankenstr.16, |
222/269/90325 |
|
LP02 |
Christoph Blenk |
Elisabeth-Duda-Hartnigstr.
3, |
127/205/60206 |
|
LP03 |
Schwimmhausvermietung
Bayer |
Dr. Regelsberger
Str. 21, |
220/203/30817 |
|
LP04 |
Ferienhausvermietung
Hausboot Marina Ramsberg, Eva-Maria Schork |
Banatstraße 44, |
240/270/80010 |
|
LP05 |
ELG Eco Lodges GmbH |
Franz-von-Defregger-Str.25 |
171/167/50090 |
|
LP06 |
Schneider Klaus Brombachsee
Hausbootvermietung |
Frankenstr.16, |
222/269/90325 |
|
LP07 |
Hausbootvermietung
Zimmermann |
Kellerstr.7, |
207/293/00811 |
|
LP08 |
Sansibar Birgit
Förtsch-Höllein and Robert Höllein GbR |
Christophorusweg
5, |
207/159/61807 |
|
LP09 |
Hans und Karin
Niebling GbR |
Am Galgenrangen
7, |
203/255/10049 |
|
LP10 |
Fa. Rheinboot Dr.
Achim Rhein |
Altenbergstr. 27,
|
227/262/20402 |
|
LP11 |
Matthias Schmidt
V+V |
Gartenstr. 13, |
220/269/21787 |
|
LP12 |
Rafael und
Annette Unterbirker GbR |
Immergrünweg 3, |
97395 / 10597 |
|
LP13 |
Labinsky Robert
und Heike GbR |
Zur Erzleite 36, |
218/167/00938 |
|
LP14 |
Stella Marina Unternehmergesellschaft |
Jüdtstr. 33 a, |
203/177/00203 |
|
LP15 |
Katja Schatz |
Thüngersheimerstr.10, |
238/266/60651 |
|
LP16 |
Johann Niefnecker |
Güttlerweg 22, |
220/255/20037 |
|
LP17 |
HB VMV GmbH |
Kirchenmauerweg
15 |
203/118/21564 |
|
LP18 |
ELG Eco Lodges
GmbH |
Franz-von-Defregger-Str.
25, 85586 Poing |
114/125/51550 |
|
LP19 |
Katja Schatz |
Thüngersheimerstr.10, |
238/266/60651 |
Version from: 2022-05-03
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