General Terms and Conditions

for the provision of services by Campingplatz Harfenmühle, Dieter Robert Koch, Harfenmühle 2, 55758 Mörschied, email: mail@harfenmuehle.de (hereinafter “Contractor”) vis-à-vis its customers (hereinafter “Client”)

1. General

1.1 These General Terms and Conditions (GTC) for the provision of services apply to contracts concluded between the Client and the Contractor including these GTC.

1.2 Insofar as additional contractual documents or other terms and conditions in text or written form have become part of the contract alongside these GTC, the provisions of those additional contractual documents shall prevail over these GTC in the event of any conflict.

1.3 The Contractor does not recognize any terms and conditions used by the Client that deviate from these terms and conditions, unless expressly agreed otherwise.

2. Subject Matter of the Contract and Scope of Services

2.1 As an independent contractor, the Contractor provides the following services to the Client:

Provision of pitches for tents, caravans and motorhomes as well as rental of accommodations (e.g. mobile homes, holiday apartment, holiday house, guest room). Use of the camping infrastructure such as sanitary facilities, supply and disposal facilities, leisure and communal areas, as well as any additionally booked services (electricity, water, service offerings)

2.2 The specific scope of services is the subject of individual agreements between the Contractor and the Client.

2.3 The Contractor shall provide the contractual services with the greatest possible care and diligence in accordance with the latest state of the art, the latest rules and knowledge.

2.4 The Contractor is obliged to provide the services owed under the contract. However, in carrying out its activities, it is not subject to any instructions regarding the manner, place or time of service provision. However, in arranging the working days and the allocation of time on those days, it shall determine these itself in such a way that optimum efficiency is achieved in its activities and in the realization of the subject matter of the contract. The services by the Contractor shall be provided only in consultation and coordination with the Client.

3. Client's Obligations to Cooperate

It is the Client's responsibility to provide the information, data and other content to be made available for the purpose of service performance in full and correctly. The Contractor shall not be responsible in any respect to the Client for delays in the provision of services caused by late and necessary cooperation or assistance by the Client; the provisions under the heading “Liability/Indemnification” remain unaffected.

4. Remuneration

4.1 The remuneration shall be agreed individually by contract.

4.2 The remuneration is payable after the services have been performed. If the remuneration is calculated by time periods, it shall be payable after the expiry of each individual period (§ 614 BGB). In the case of expense-based billing, the Contractor is entitled, unless otherwise agreed, to invoice the services rendered on a monthly basis.

4.3 After the services have been performed, the Contractor shall issue the Client an invoice by post or by email (e.g. as a PDF). The remuneration is due for payment within 14 days of receipt of the invoice.

5. Liability / Indemnification

5.1 The Contractor shall be fully liable for any legal reason in the event of intent or gross negligence, in the event of intentional or negligent injury to life, body or health, on the basis of a guarantee commitment, unless otherwise regulated in this respect, or on the basis of mandatory liability. If the Contractor negligently breaches an essential contractual obligation, liability shall be limited to the foreseeable damage typical for the contract, unless unlimited liability applies pursuant to the preceding sentence. Essential contractual obligations are obligations which the contract imposes on the Contractor according to its content in order to achieve the purpose of the contract, the fulfillment of which makes the proper performance of the contract possible in the first place and on whose compliance the Client may regularly rely. In all other respects, liability of the Contractor is excluded. The above liability provisions also apply with regard to the Contractor's liability for its vicarious agents and legal representatives.

5.2 The Client shall indemnify the Contractor against any claims by third parties asserted against the Contractor due to the Client's violations of these contractual terms or applicable law.

6. Term and Termination

6.1 The term of the contract and the notice periods for ordinary termination shall be agreed individually by the parties.

6.2 The right of both parties to terminate the contract without notice for good cause remains unaffected.

6.3 Upon termination of the contract, the Contractor shall immediately return or destroy all documents and other content entrusted to it, at the Client's discretion. Any assertion of a right of retention in this respect is excluded. Electronic data shall be deleted in full. Excluded from this are documents and data for which a longer statutory retention obligation exists, but only until the end of the respective retention period. Upon request, the Contractor shall confirm deletion in writing to the company.

7. Confidentiality and Data Protection

7.1 The Contractor shall treat all processes coming to its knowledge in connection with the order as strictly confidential. The Contractor undertakes to impose the duty of confidentiality on all employees and/or third parties who have access to the information subject to the contract. The duty of confidentiality shall remain in force for an unlimited period beyond the duration of this contract.

7.2 In carrying out the order, the Contractor undertakes to comply with all data protection regulations — in particular the provisions of the General Data Protection Regulation and the Federal Data Protection Act.

8. Final Provisions

8.1 The law of the Federal Republic of Germany shall apply բացառusing the CISG.

8.2 Should any provision of these GTC be or become invalid, the validity of the remaining GTC shall not be affected thereby.

8.3 The Client shall support the Contractor in the provision of its contractual services by providing reasonable cooperation, insofar as this is necessary. In particular, the Client shall make available to the Contractor the information and data required to fulfill the order.

8.4 If the Client is a merchant, a legal entity under public law or a special fund under public law, or has no general place of jurisdiction in Germany, the parties agree that the Contractor's place of business shall be the place of jurisdiction for all disputes arising from this contractual relationship; exclusive places of jurisdiction shall remain unaffected.

8.5 The Contractor is entitled to amend these GTC for objectively justified reasons (e.g. changes in case law, legal situation, market conditions or business or corporate strategy) and subject to compliance with a reasonable notice period. Existing customers will be notified of this by email no later than two weeks before the amendment takes effect. If the existing customer does not object within the period set out in the notice of amendment, consent to the amendment shall be deemed granted. If the customer objects, the amendments shall not take effect; in this case, the Contractor is entitled to terminate the contract extraordinarily at the time the amendment takes effect. The notification of the intended amendment of these GTC shall point out the deadline and the consequences of objection or failure to object.

9. Information on Online Dispute Resolution / Consumer Dispute Resolution

The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr

This platform serves as a point of contact for the out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer. The provider is neither willing nor obliged to participate in consumer dispute resolution proceedings pursuant to the VSBG.

Our email address can be found in the heading of these GTC.