Our holiday park Terms and Conditions & Rental Terms

1) Conclusion of the contract, contracting parties

The owners of the holiday homes have authorised the management company to let the property in its own name and on its own behalf. The tenant’s sole contractual partner is the management company.

By making a booking, the tenant is making an offer to enter into a tenancy agreement. A contract is only formed once the booking confirmation has been issued, which constitutes acceptance of the offer.

2) Lettings

The minimum rental period is specified in the current seasonal calendar. The day of arrival and the day of departure are counted as a single day; the day of arrival is charged.

The holiday accommodation will be available from 3.00 pm on the agreed arrival date. On the day of departure, the house or flat must be vacated between 8.00 am and 10.00 am. On arrival, please arrange a handover time with the housekeeper at reception, subject to availability. The operating company reserves the right to carry out an inspection and handover on the day of departure.

Unless expressly agreed otherwise, the booking of a holiday home does not refer to a specific property, but exclusively to a specific type of property (size, furnishings). The operating company reserves the right to allocate a specific property of the agreed type to the tenant.

The holiday homes and apartments may only be occupied by the number of people specified in the booking confirmation. If this number is exceeded, Ferienpark Scharmützelsee Betriebs GmbH is entitled to ask any additional guests to leave or to charge an extra fee for them.

Unless otherwise expressly agreed, charging electric vehicles in the holiday homes and apartments is not permitted. The booking option ‘including service charges’ expressly does not cover the charging of electric vehicles.

3) Rent and payment terms

All agreed prices and price quotations are quoted in euros, including the VAT and duties applicable at the time the contract is concluded, even if this is not expressly stated. Local charges payable under the relevant local authority legislation, such as visitor’s tax, are not included. If the statutory VAT rate changes between the conclusion of the tenancy agreement and the period of use, Ferienpark Scharmützelsee Betriebs-GmbH reserves the right to increase the prices by the resulting amount. Ferienpark Scharmützelsee Betriebs-GmbH will notify the guest of the price increase without delay. If the total price payable by the guest increases by more than 3%, the guest is entitled to cancel the booking free of charge within a period of 10 calendar days from receipt of the notification.

If the period between the conclusion of the contract and its performance exceeds 30 days, and if the inflation rate (Consumer Price Index (CPI), Federal Statistical Office) in the month of booking, the booking period (performance of the contract), and/or in any of the months falling between these dates, exceed 5% compared to the same month of the previous year, Ferienpark Scharmützelsee Betriebs-GmbH is entitled to adjust the agreed prices or to withdraw from the tenancy agreement. The same applies in the event of a currency reform occurring between the conclusion of the contract and its fulfilment. Betriebs-GmbH shall notify the customer of any price adjustment without delay. In the event of a price adjustment, the customer is entitled to withdraw from the contract. If either party withdraws from the tenancy agreement due to a price adjustment made by Betriebs-GmbH, claims for damages are excluded on both sides.

Obvious typographical or printing errors in our offers are not binding on the contracting parties. This applies in particular to prices. Only the booking confirmation is binding.

Utility costs (electricity, water and gas) are not included in the rent unless otherwise agreed and will be charged separately upon departure. Charging electric vehicles is not permitted. The price list for additional services valid at the time of booking applies in this regard.

The tenant is required to pay a deposit of EUR 100.00 no later than on moving into the property. The operating company is entitled to deduct the utility costs payable by the tenant from this deposit.

The tenant is obliged to pay a deposit of 20% of the agreed rental price within 14 days of receiving the booking confirmation. The remaining 80% of the rental price must be paid no later than 14 days before taking possession of the rented property. If the booking is made less than 14 days before taking possession, the full rental price is due immediately. If the tenant fails to make the payments on time and the operating company unsuccessfully sets a grace period of 14 days, the operating company is entitled to withdraw from the contract. Unless the rent has been paid in full in advance, the tenant has no right to take possession of the rented property.

4) Termination (cancellation)

The tenant is entitled to terminate the contract at any time. If the tenant terminates (cancels) the contract without Betriebs-GmbH having given good cause for doing so, Betriebs-GmbH shall be entitled to compensation as follows:

• 45 to 31 days before arrival: 10% of the
rental price• 30 to 15 days before arrival: 50% of the
rental price• 14 to 10 days before arrival: 80% of the
rental price• 9 to 1 day before arrival: 100% of the rental price

Ferienpark Scharmützelsee Betriebs-GmbH also charges a one-off cancellation processing fee of EUR 25.00 per rental property.

The tenant is free to prove that the damage was less severe or that no damage was caused at all.

Changes to bookings are only permitted with the consent of the operating company.
The right of either party to terminate the contract for cause remains unaffected.

This concerns the tenant’s right to terminate the tenancy due to a significant defect in the property, for example, if the house is uninhabitable due to technical defects. In such a case, the management company must be given a 24-hour period to remedy the situation. In the event of use of the rented property and its contents in breach of the contract, subletting, overcrowding, serious disturbance of the peace of the premises, or for other important reasons, the contract may be terminated without notice by Betriebs-GmbH following an unsuccessful warning. We reserve the right to claim further damages. The tenant reserves the right to prove that the damage incurred was less severe or non-existent. A refund of rent shall only be made to the extent that Betriebs-GmbH lets the property to another party.

If the tenant does not make use of the service, through no fault of the operating company, they remain liable for payment of the full rent.

We recommend that you take out travel cancellation insurance.

5) Force majeure

If sudden disruptions to business operations occur for reasons beyond the control of the operating company and resulting from an unforeseen event for which it is not at fault, and if this renders it impossible for the operating company to fulfil the contract, the landlord shall be entitled to withdraw from the contract. In such a case, the landlord shall be entitled to proportionate remuneration for the rental period elapsed up to that point. Further claims for damages are excluded on both sides.

6) Subletting, assignment

Without the consent of Betriebs-GmbH, the tenant is not entitled to sublet or make the rented property available to third parties. The tenant’s claims may only be assigned with the prior consent of Betriebs-GmbH.

7) Tenant’s obligations

The tenant undertakes to treat the rented houses and apartments and their contents with care and to show consideration for other visitors to the holiday park. By entering into this contract, the tenant accepts the house rules.

Furnishings must not be removed from the rented property, even temporarily. Any damage or defects noticed upon moving into the property must be reported to the operating company immediately. The guest must allow the landlord the opportunity to remedy the situation. The tenant is liable for any damage caused to the rented property or for any missing items during the tenancy period. This also includes liability for fire damage caused by negligence.

At the time of handover, the tenant must have disposed of any rubbish, cleaned the chimney and left the house tidy and swept clean. Any necessary additional work will be charged at an hourly rate of EUR 50 and deducted from the deposit.

8) Pets

Pets may only be brought into the property with the express consent of the management company and must be declared at the time of booking. Otherwise, the management company may refuse to allow the pet to be brought into the property or may terminate the existing contract without notice.

9) Warranty

In the event of complaints regarding the holiday home, the tenant is initially entitled only to a remedy. If this fails or involves an unreasonable amount of effort on the part of the operating company, the rent may be reduced appropriately or the tenant may be required to move to a property in the next higher category. If the tenant discovers defects or missing items upon moving in and fails to report this to the operating company, all warranty and compensation claims based thereon shall lapse.

10) Limitation period, limitation of liability

All claims against the tenant and/or the operating company are subject to a limitation period of one year from the statutory commencement of the limitation period. Liability is governed by the German Civil Code (BGB). This does not apply in the event of intentional or grossly negligent breaches of duty.

11) Disclaimer

Use of the internet is free of charge for the tenant using their own device. We do not guarantee constant availability, compatibility or security. The tenant is responsible for ensuring adequate protection of their devices. When using the internet or Wi-Fi, applicable law must be observed. You are also obliged to inform fellow travellers (including minors) of the need to comply with applicable law and to carry out appropriate checks. The tenant uses the internet at their own risk; the landlord excludes all liability in connection with the tenant’s use of the internet. The landlord accepts no liability for any damage incurred.

12) Final provisions

Any terms and conditions proposed by the tenant that differ from these shall only form part of the contract if they are expressly accepted by Ferienpark Scharmützelsee Betriebs-GmbH.

Claims against Ferienpark Scharmützelsee Betriebs-GmbH may only be set off against undisputed claims or claims that have been established by a final and binding court decision.

The place of performance is Wendisch Rietz; the place of jurisdiction is the court with jurisdiction over Wendisch Rietz. The tenancy agreement is governed exclusively by German law, to the exclusion of conflict-of-laws provisions.