§1 Scope of application
These terms and conditions apply to contracts for the rental of treehouses and other premises of the Baumhaushotel Seemühle GmbH.
§2 Conclusion and content of the contract
(1) Offers of the hotel are always non-binding. The contract is concluded by the acceptance of the hotel. The hotel is free to confirm the booking in writing.
(2) The subletting / re-letting of the provided treehouses as well as all other premises is generally not permitted and requires the prior written consent of the hotel.
(3) Unless otherwise agreed, checking in is available for the treehouses between 2:30 pm and 4:30 pm on the day of arrival (check-in time). The customer is not entitled to any earlier access. In the case of a later arrival time, the customer is requested to inform the hotel, by calling the phone number +49 (0) 9357-9098020.
(4) On the agreed departure day, the treehouses are to be vacated at the latest by 10:30 am (check-out time). In the case of a late return, the customer is obliged to reimburse the hotel for the time taken.
(5) The booking is valid only for the number of guests communicated by the customer in the original request. The customer is obliged to notify the hotel of a change in the number of guests as soon as possible, but in any case prior to arrival. A change in the number of guests requires the consent of the hotel and leads to an adjustment of the price by the hotel.
§3 Prices, Payment
(1) The agreed prices include the respective statutory VAT, unless otherwise agreed. If the period between the conclusion of the contract and the performance of the contract exceeds four months and the price generally charged by the hotel for such services increases or the value added tax increases, the hotel may increase the agreed price appropriately, but not by more than 10%.
(2) The customer undertakes to pay a deposit of 50% of the total price within five days of receiving the booking confirmation. The hotel will provide the customer with the details in the booking confirmation. The remaining amount will be due at the latest on arrival.
(3) The payment of the customer can only be made by advance transfer, cash payment or by payment by debit card.
(4) The hotel is entitled to demand a security deposit in the form of a credit card guarantee or similar.
§4 Cancellation by the hotel
(1) If the advance payment agreed under § 3 (2) is not paid, even after the expiry of a reasonable grace period set by the hotel, the hotel is entitled to withdraw from the contract.
(2) The hotel is also entitled to cancel the contract if the customer :
- gets into financial difficulties
- has made an insolvency application to the local court or provisional insolvency proceedings are decided against the customer by the local court and insolvency proceedings are rejected for lack of assets.
(3) The hotel is also entitled to cancel the contract on objective justifiable reason. Such a reason is given among other things in the following cases:
- Force majeure or other circumstances beyond the control of the hotel which would make the fulfillment of the contract impossible.
- Accommodation with misleading or incorrect statements of essential facts by the client.
- in the violation of § 2 para. 2.
(4) The hotel must inform the customer immediately of the cancellation.
§5 Cancellation by the customer
(1) Cancellation must be made in writing.
(2) a) Cancellation by the customer is possible free of charge up to 60 days before arrival.
b) less than 60 days and up to 40 days before arrival, the customer has to refund 20% of the travel price.
c) less than 40 days and up to14 days before arrival, the customer has to refund 50% of the travel price.
d) less than 14 days before arrival the customer has to refund 80% of the travel price.
(3) When paying with an already purchased overnight stay voucher, the voucher loses its value proportionately, according to the cancellation conditions mentioned under para. 2.
(4) A change in the scope of the contract shall also be deemed a cancellation within the meaning of the above regulation. This includes, for example, late arrival, early departure or a reduced number of guests compared to the booking.
(5) The customer reserves the right to prove a lower damage, the hotel the higher damage.
§6 Special regulations for the use of the Baumhaushotel
(1) The client undertakes to treat the treehouse and the entire Baumhaushotel complex with consideration and prudence.
(2) Smoking is only permitted in the specially marked smoking areas in the yard of the Seemühle and in front of the washhouse on the Baumhaus-Allee. Smoking iss prohibited in the any of the other areas.
(3) The guest is aware that staying in a forest carries speciial risks. These include (but are not limited to): branch breakage, slippery damp foliage or on trees, grass and loose stones; the customer will therefore behave properly according to the environment. There is an increased duty of supervision required by parents for their children. Parents are responsible for their children.
(4) The Baumhaushotel is not designed for children. Therefore the overnight stay of children is only allowed from an age of 16 years. Renting to minors from the age of sixteen years is explicitly also at the parents' own request and responsibility.
(5) The reservation / rental of the campfire place as well as the grill is expressly subject to reservation. Even in the case of a pre-reservation, under certain circumstances (for example, increased drought and forest fire hazard) the hotel is entitled to prohibit the use of the fireplace.
(6) The client undertakes to behave during the rest periods (10pm to 8am) in such a way that other guests of the Baumhaushotel are not disturbed in their peace. In the case of any violation, the hotel is entitled to stop the event. However leased premises, such as Seabirds, will still be charged in full.
(7) In the event of a storm warning by the German Meteorological Service or similar emergency situations, the hotel is allowed to arrange for the evacuation of the complex for the safety of all guests. The instructions of the hotel staff must be followed. If the instructions of the hotel staff are not followed, the use of the hotel area is at your own risk.
(8) For events in leased rooms of the Baumhaushotel Seemühle, catering is provided exclusively by a caterer authorized by the hotel. Self-catering requires the written consent of the hotel.
(9) Dogs and other pets are not allowed at the property.
(10) Access to the treehouses with your own vehicle is not permitted.
(11) The maximum permissible weight per person (point load) in the tree house is 130 kg. For persons with a higher weight bookings in the tree house are impossible, we refer to our apartments and/or the holiday home – the witch house.
§ 7 Liability of the hotel
(1) The customer's claims for damages, for whatever legal reason, are excluded, unless the hotel is accused of intent or must be held responsible for its own gross negligence or gross negligence of its legal representatives or executive employees, as well as its other vicarious agents, or the claim for damages results from the violation of essential contractual commitments. In all cases of simple negligence, any liability arising from this is limited to the amount of foreseeable damage typical for the contract. Liability for damages resulting from injury of life, body or health is not affected by this.
(2) The hotel is not liable for the parking space provided to the customer for shared use. Particularly the hotel is not liable for damages caused by fire, rain, hail, snow, ice, other customers or other third parties. Guarding, safekeeping or monitoring of the cars and the insurance are not the subject of the contract. In snow and ice there is no clearing and spreading service in the car park. The lessor's liability for damages resulting from injury of life, body or health which are based on a negligent violation of duty by the hotel or an intentional or negligent violation of duty by a legal representative or vicarious agent of the hotel as well as liability for other damages which are based on a grossly negligent violation of duty by the hotel or on an intentional or grossly negligent violation of duty by a legal representative or vicarious agent of the hotel are not excluded or limited. Liability for the fulfillment of essential contractual obligations is not excluded or limited.
§ 8 Liability of the customer
(1) The customer is liable for damage to buildings and/or inventory caused by himself, his relatives or other third parties in his area in accordance with the legal regulations.
(2) The customer is expressly liable for all damages which are attributable to a violation of § 6 para. 1 or § 6 para. 2; in particular for increased cleaning costs and an incurred loss of rent;
(3) The removal of disproportionate contamination of the hotel complex and tree houses will be invoiced separately to the customer after professional cleaning. Disproportionate impurities in this sense are those which cannot be removed within the normal scope of cleaning.
§ 9 Settlement of disputes and final provisions
(1) EU platform for out-of-court online dispute resolution for exclusively online service contracts with consumers: https://ec.europa.eu/consumers/odr/.
We do not participate in the dispute settlement procedure before a consumer arbitration service within the meaning of the ADR Directive.
(2) Changes or additions to the contract, including this written form clause, must be made in writing.
(3) Place of fulfillment and payment is the location of the hotel. The exclusive legal venue for commercial transactions is the registered location of the hotel. If the customer does not have a general legal venue in Germany, the legal venue is also the registered location of the hotel.
(4) Should individual terms of these GTC (General Terms and Conditions of Business) be invalid or void, this shall not affect the validity of the remaining terms. In all other cases, the legal regulations apply.