Conditions
General terms and conditions as download *.pdf
As of November 2020

The following general terms and conditions regulate the legal relationship between
the operator of the holiday resort Achtern Diek,

Volker Rudolph
Stinteck 4
25704 Nordermeldorf
(hereinafter referred to as operator)

and the guest, insofar as this relationship is related to the stay in the holiday resort.
Other terms and conditions are invalid, even if the operator does not expressly object to them in individual cases. The contract language is basically German.

1. Registration / booking
With the registration/reservation, the guest offers the operator the conclusion of a contract regarding the rental of accommodation or a parking space. The guest can register in person, by telephone, in writing, by email or via a selected Internet portal. Reservations by minors are not possible. The contract is finally concluded with the receipt of the written confirmation/invoice from the operator.
If you rent without prior registration/reservation, these General Terms and Conditions are recognized upon conclusion of the rental contract.
Reservations for campsite pitches are only possible for stays of more than 3 days.
Until the start of the booked stay, the guest has the option of assigning rights and obligations under the existing contract to third parties. A rebooking fee of €30.00 will be charged. The operator reserves the right to refuse a registration/reservation or rebooking without giving reasons.

2. Prices and Payment
The individual prices can be found in the current price list. All prices include VAT unless otherwise stated.
With the written booking confirmation, the guest is obliged to transfer a deposit of 30% of the stated price to the operator's account within 10 days. If no payment has been received after these 10 days, the operator is entitled to withdraw from the contract with immediate effect and rent the reserved accommodation/pitch to someone else.
The remainder of the agreed total amount is payable by the day of arrival. In the event of early departure, there will be no partial refund of the agreed price for the entire stay.
For holiday apartments, a deposit of €200.00 must be paid in cash to the operator on the day of arrival against receipt. This amount will be returned to the tenant on the day of departure after the apartment has been handed over without damage.

3. Withdrawal and Termination
The guest can withdraw from the contract at any time. The withdrawal must be made in writing.
Compensation for the resulting booking loss is due as follows in the event of withdrawal:
- up to 30 days before the start of the rental period 30%
- up to 10 days before the start of the rental period 60%
- after less than 10 days before the start of the rental, the full amount must be paid.
The operator can withdraw from the contract before and during the stay, especially with immediate effect if
- the guest and persons accompanying him violate the campsite and house rules despite a warning.
- the guest and persons accompanying him treat the provided facilities carelessly.
- the guest and persons accompanying him behave in a grossly breach of contract in any other way.
- the guest and persons accompanying him behave in any way illegally.

In these cases, the guest must pay the full amount for the booked stay despite cancellation.
To protect the holiday resort and its other visitors, the operator or persons authorized by him can issue an immediate eviction.

4. Force Majeure
If the stay is made considerably more difficult, endangered or impaired as a result of force majeure that was not foreseeable when the contract was concluded, both the operator and the guest can terminate the contract.
If the contract is terminated, the operator can demand reasonable compensation from the guest for the services already rendered or for the services still to be rendered to end the stay.
If the stay in the holiday resort cannot be offered to the guest due to force majeure, the operator can withdraw from the contract. In this case, the operator is also not obliged to provide compensation (e.g. providing another holiday apartment).

5. Arrival and departure
The booked pitch or holiday apartment is available to the guest on the day of arrival from 3:00 p.m. at the latest. On the day of departure, the holiday complex must be vacated by 10:30 a.m. In the event of late evacuation, the operator may charge additional daily rates.

6. Liability
The liability of the operator for damages - for whatever legal reason -, in particular due to impossibility, delay, breach of contract, breaches of obligations or tort, is limited insofar as fault is involved in each case. The operator is not liable in the event of simple negligence, unless it is a matter of a breach of essential contractual obligations or damage resulting from injury to life, limb or health. Insofar as the operator is liable for damages on the merits, this liability is limited to foreseeable damage typical of the contract. Insofar as the liability of the operator is excluded or limited, this also applies to the liability of the legal representatives, employees and vicarious agents.
The operator is expressly not liable for unforeseeable disruptions such as construction sites, official orders or events.
Liability on the part of the operator for the use of the leisure, play and sports equipment provided is excluded.

7. Guest Obligations
The guest undertakes to treat the rented items with care, including inventory, communal facilities and outdoor facilities. If damage occurs during the rental relationship, the guest is obliged to report this to the operator immediately. Defects and damage already detected upon arrival must be reported to the operator immediately, otherwise the tenant is liable for these damages. A reasonable period of time must be granted for the elimination of damage and defects. Claims from complaints that are not reported immediately on site are excluded. Complaints received by the operator at the end of the stay or after leaving the holiday resort are also excluded from compensation. In the event of any disruptions in performance, the guest is obliged to do everything within the scope of his legal obligation to help remedy the disruption and to minimize any damage that may have occurred. On the day of departure, the guest is to remove personal belongings, household waste is to be disposed of in the containers provided, crockery is to be left clean and washed in the kitchen cupboards.

8. Set-off
In principle, the guest is not entitled to declare offsetting against claims for payment of the agreed price. The guest is only entitled to the right of set-off with undisputed or legally established claims.

9. Law and Jurisdiction
The legal relationship between the operator and the guest is subject to the law of the Federal Republic of Germany. Place of jurisdiction is Meldorf.

10. Processing of personal data
When using the resort's services, the guest may be asked to provide personal information. Answering these questions is voluntary. The guest's personal data is stored and processed in accordance with German data protection regulations. The personal data collected as part of the contract processing will only be used by the operator for the purpose of contract processing and processing inquiries. Processing and use of the data for consulting, advertising and market research purposes only takes place with express consent.

11. Final Provision
If one or more provisions of these general terms and conditions are or become invalid or unenforceable, this does not affect the validity of the remaining terms and conditions. The ineffective or unenforceable provision is to be replaced by one that comes closest to what the parties intended with the original provision in economic and legal terms. This also applies to any contractual loopholes.
Photos and texts on the website or in flyers and brochures serve to realistically describe the system. An absolute match with the rental property cannot be guaranteed at all times. The operator reserves the right to make changes to the equipment (e.g. furniture) and spatial layout, provided they are equivalent.



Meldorf, November 2020




Terms and conditions for permanent camping pitches:

use
The following terms and conditions apply to all permanent campsites and to the related deliveries and services provided by the operator. These conditions apply exclusively; other contractual terms and conditions do not become part of the contract, even if they are not expressly contradicted.

Rental property:
Pitches marked as permanent or seasonal pitches at the Achtern Diek holiday resort.
The standard size – on which the annual price is based – of a parking space is approx. 90 square meters.
Depending on availability, there is the possibility of obtaining more parking space, which is billed with an additional amount per square meter of additional space (see price list).

Lease Period and its Termination
The rental period for the permanent place begins on 01.01. and ends on December 31st. of each year, and must no later than 15.11. be re-registered for the following year. There is no right to tacit extension. The right of the contracting parties to terminate the tenancy for good cause remains unaffected.
If the caravan is sold to a third party, the rental agreement automatically expires and the caravan must be removed from the site; unless the operator concludes a new rental agreement with the buyer. The operator must be notified immediately of the sale of the caravan.

The operator can terminate the contract without notice if:
- the tenant and persons accompanying him violate the campsite and house rules despite a warning.
- the tenant and persons accompanying him treat the provided facilities carelessly.
- the lessee and persons accompanying him behave in a grossly non-contractual manner in any other way.
- the tenant and persons accompanying him behave in any way illegally.
- the tenant is more than one month in arrears with the payment of the rent and the ancillary costs or parts thereof. Default occurs on the due date without any further reminder. The rental relationship ends when the agreed rental period expires. If the tenancy ends due to termination without notice by the operator or self-abandonment by the tenant, the tenant is liable for the loss of rent until the end of the agreed rental period, which arises from the fact that the parking space cannot be rented to someone else or cannot be rented for the full rental period. There is no right to a refund.

Handover of the rental property after termination
At the end of the contract, the rental property must be returned properly, completely cleared and clean. Damage to the rented property caused by the tenant or his roommates must be repaired. When removing paving slabs or similar, the original condition must be restored. The operator may re-let the space immediately after the tenant has finally vacated it, even if the contractual rental period has not yet expired. The tenant does not have any claims as a result. If the renter does not clear the parking space or not completely, contrary to his obligation, he is in default. If the tenant does not pick up his caravan despite being asked to do so, the operator is entitled to sell it privately to the exclusion of the generally applicable deposit regulations. The operator is entitled to a landlord's lien until the final fulfillment of his claims.

Rental price, additional costs and due date of payment
The annual rental price is to be requested from the operator. Rent increases will be announced at least 3 months in advance. The rent does not include additional costs and other taxes. These are calculated according to consumption or a flat rate. For billing reasons, electricity will be charged afterwards. Changing the power connection to reduce the power consumption on your own meter will be punished with immediate dismissal. The rent and lump sums for water and waste are to be paid in one payment by 12/15. to be provided for the following year.
The rental price includes the use of the parking space by the tenant, one other adult and two children. One car of the renter is included per rented parking space. The users are to be specified by name and the license plate number of the car is to be provided. For additional use, several people, cars or dogs, separate charges will be calculated by arrangement.

use of the parking space
The use of the parcel for commercial purposes is prohibited. The campsite is for recreational purposes only. The establishment of a main residence by the tenant is not permitted! For the rest, the rented property is used in accordance with the current version of the house and site regulations. The provisions of the site regulations are the subject of the contract. The site regulations are handed over to the tenant at the beginning of the tenancy. It is also available for inspection at reception
the end. The operator is entitled to change the site regulations at its reasonable discretion if factual reasons require this. The changed place order will be displayed at the reception for your information.

Condition and maintenance of the place
The tenant bears the costs of maintenance and repair of the rental space. The tenant has inspected the space before signing the contract. All changes must be restored to their original condition upon return. The campsite regulations of the state of Schleswig-Holstein must always be observed! Regulations regarding environmental protection and nature conservation must be observed. This applies in particular to the disposal of sewage and waste, as well as to the storage of harmful substances.

Generally necessary work for modernization and/or to ensure security on the premises of the holiday resort will be announced by the operator four weeks before the start. This includes in particular tree care work and work on the moat. Should it be necessary to clear a parking space in order to carry out the work, this must be done by the tenant before the start of the work. The operator may also carry out work on parking spaces that have not been cleared. The operator is not liable for damage in the course of the work on facilities and objects that are not finally cleared.

Building regulations, fire safety regulations
Impermissible buildings must be dismantled at the request of the operator or the district building authority. Screening devices with a height of more than 1.20m and fences with a height of more than 0.80m are not permitted. The same applies to the erection of impermissible huts and enclosures. The operator assumes no liability for impermissible buildings. If inadmissible buildings are not dismantled despite a warning, the operator is entitled to terminate the contract without notice.
Gas cylinders and gas-operated systems must be subjected to regular gas testing. Operation is only permitted with tested systems/devices.

liability
The tenant is obliged to insure his caravan and attachments himself. The operator is not liable for damage caused by force majeure, such as floods, storms, etc. Liability is excluded for all non-contractual claims for damages that do not concern injury to life, body and health, unless they are based on a grossly negligent breach of duty by the operator or his employees and/or vicarious agents.

Meldorf, November 2020

Share by: