General terms and conditions for the rental of vacation homes and apartments

The following terms and conditions apply to the provision of accommodation by HGF Hemmoorer Grundstücks- und Freizeitgesellschaft mbH & Co KG (hereinafter referred to as “HGF”). They govern the legal relationship between the guest and HGF. HGF acts exclusively as an intermediary between the guest and the respective service provider (in particular the property owner, etc.) and acts on behalf of and for the account of the respective service provider. The performance of the booked services as such is not part of HGF's contractual obligations.

In the event of a booking, the contract relating to the accommodation is concluded exclusively between the guest and the respective service provider. Reference is made to the corresponding General Terms and Conditions of the service provider, if available, or the statutory provisions pursuant to §§ 651 a) ff. BGB are referred to in this respect. If special regulations or restrictions apply to selected accommodation, the guest will be informed of these separately before booking.

In the exceptional cases in which HGF arranges accommodation on its own responsibility, the legal relationship between HGF and the guest shall be governed by the HGF Terms and Conditions and §§ 651 a) et seq. BGB.

Conclusion of the brokerage agreement
1. By filling in the information fields and completing the booking or purchase process, the customer makes a binding offer to HGF to conclude a travel agency contract. The offer can be made in writing, verbally, by telephone or via electronic media (Internet). When submitting an offer via electronic media (Internet), the customer makes HGF a binding offer to conclude a travel agency contract by sending the booking order. The customer is also responsible for all participants listed in the offer as well as for his own obligations.
2. HGF reserves the right to accept the offer. If HGF or the service provider confirms the booking to the guest in writing or by e-mail (electronic mail), a contract is concluded between the guest and the service provider. A fee of €10.00 is payable per booking.
3. The guest undertakes to immediately check the booking confirmation received between him/her and the service provider for accuracy and to notify the service provider or HGF of any inaccuracies or discrepancies. Any notification of inaccuracies or discrepancies made after a period of three days following receipt of the booking confirmation can no longer be taken into account. Late notification of inaccuracies or discrepancies does not entitle the customer to withdraw from the contract.
Payment/documents
1. The guest receives the due date for the deposit and final payment, as well as the other payment modalities, with the booking confirmation from the service provider. For bookings made at short notice, the total price must be paid immediately after booking. The deposit of €50.00 per property is due 10 days after booking.
2. The remaining amount is to be paid by bank transfer 3 weeks before arrival.
Cancellation by the guest/rebooking
1. The guest may withdraw from the booking and from the agency contract at any time before the start of the trip. The relevant point in time is the receipt of the declaration of withdrawal by the respective service provider. Withdrawal from the booking must be made in writing.
  HGF has the right to charge the owner the following cancellation fees in the event of termination:
  
  Cancellation fees
  - - from the 28th day before arrival 10% of the rental price
  - - from the 20th day before arrival 20% of the rental price
  - - from the 13th day before arrival 30% of the rental price
  - - from the 6th day before arrival 50% of the rental price
  - - for a no show 90% of the rental price
2. In order to avoid charging the guest with the above-mentioned cancellation fees, we strongly recommend taking out travel cancellation insurance.
Changes to services and prices
1. Changes or deviations of individual services from the agreed content of the contract that become necessary after conclusion of the contract and were not brought about by HGF or the service provider in bad faith are only permitted if they are insignificant and do not affect the overall design of the booked accommodation. Any warranty claims remain unaffected if the changed services are defective.
2. The information contained on the Internet or in other advertisements is generally binding for HGF as soon as it has become the basis of the contract. However, HGF expressly reserves the right, for objectively justified, significant and unforeseeable reasons, to declare a change to the information on the Internet prior to conclusion of the contract, about which the guest will be informed prior to booking.
Liability of HGF
1. In principle, HGF acts exclusively as an intermediary between the guest and the service provider and acts on behalf of and for the account of the service provider. In these cases, HGF is not liable for the services to be provided to the guest by the respective service provider.
2. As an agent, HGF is dependent on the information provided by the respective service providers for the individual details of the accommodation. HGF has no possibility of checking the accuracy of this information. HGF therefore makes no guarantees or assurances regarding the accuracy, completeness or currency of this information. The same applies to other information contained on this website and provided by third parties.
3. HGF shall only be liable under this agency contract for damages incurred by the guest as a result of a breach of duty committed by HGF intentionally or through gross negligence. HGF shall also be liable for typical contractual damages incurred by the guest as a result of a material breach of the agency contract committed by HGF if HGF is only guilty of slight negligence. Otherwise, liability for slight negligence is excluded. An essential contractual obligation in the aforementioned sense is one whose fulfillment is essential for the proper execution of the contract and on whose compliance the guest may regularly rely, in particular to provide the mediated accommodation, to endeavor to conclude the contract for this purpose, to provide the necessary advice and information and to handle the main contract properly. As an agent, HGF shall not be liable for any damage incurred by the guest during the stay. HGF's liability in the event of slight negligence is limited to the value of the booked service, but in any case to foreseeable and typical damage. This shall not affect HGF's statutory strict liability. HGF shall not be liable for slight negligence on the part of its vicarious agents.
Information on passport, visa, foreign exchange and health regulations
1. Each guest is responsible for complying with the applicable domestic and foreign entry and exit, health, passport and visa regulations.
2. If HGF provides information on passport, visa, foreign exchange or health regulations, it is assumed that the guest is a German citizen. If this is not the case, the guest shall independently contact the embassy or consulate responsible for him/her directly. As HGF is reliant on the information provided by third parties (service providers or authorities) with regard to this information and the relevant regulations may change at any time, HGF makes no assurances or guarantees with regard to the accuracy, completeness or currency of this information. HGF accepts no liability in this respect.

General provisions

Should one of the above provisions be or become invalid, the remaining provisions shall nevertheless remain valid. The validity of the contract as a whole remains unaffected. The invalidity of the brokered service shall not affect the brokerage contract.
In the event of a breach of these Terms of Use or the reasonable suspicion that a breach has occurred, HGF is entitled at any time to exclude the respective guest from using this website and/or services as soon as the bookings already made have been completed.
This Agreement constitutes the entire agreement between the Guest and HGF and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the Guest and HGF relating thereto.
The guest may only sue the agent at the agent's registered office. For legal action by the agent against the guest, the guest's place of residence shall be decisive, unless the action is directed against registered traders or persons who have no general place of jurisdiction in Germany or persons who have moved their place of residence or habitual abode abroad after conclusion of the contract or whose place of residence or habitual abode is unknown at the time the action is brought. In these cases, the registered office of the agent shall be decisive.
Contractual partner as intermediary:
HGF Hemmoorer Grundstücks- und Freizeit GmbH & Co. KG

Cuxhavener Str 1

21745 Hemmoor

Telefon: 04771 - 68 88 68

buchung@kreidesee.de

www.kreidesee.de

Stand: Januar 2019