module-hero-header color-theme--default 
module-flow-content General Terms and Conditions for Hotel Accommodation and Events.
Table of Contents
- I. Scope
- II. Conclusion of contract
- III. Right of withdrawal
- IV. Payment terms
- V. Special provisions for gift certificates
- VI. Special provisions for promotional vouchers
- VII. Changes to the GTC or our services
- VIII. Data protection
- IX. Customer Service
- X. Consumer Arbitration Board
- XI. Applicable Law and Jurisdiction
I. Scope
The following General Terms and Conditions (hereinafter referred to as T&C) apply to all contracts concluded via our Internet presence between you as our customer and us.
Fleesensee Schlosshotel GmbH
Managing Director: Michael Scharf, Mario Reincke
Schlossstr. 1
17213 Göhren-Lebbin
Phone: +49 39932 80100
Email address: schlosshotel@fleesensee.de
Register court: Amtsgericht Neubrandenburg
Register number: HRB 20207
II. Conclusion of contract
(1) The presentation and advertising of products on our website does not itself constitute a binding offer to conclude a contract, but only the invitation to submit such an offer (application).
(2) You can submit your offer via the online ordering facility provided on our website, via contact form, by e-mail, by telephone. The GTC become part of the contract if we refer you to the GTC when concluding the contract, give you the opportunity to take note of their content and you agree to the validity of the GTC.
(3) The conclusion of the contract via the online ordering option of our Internet presence takes place in the following steps:
(a) You can select the products offered on our Internet presence and place them in the electronic shopping cart. Before sending the order, you can view and change the contents of the shopping cart at any time. You can correct your entries using the usual mouse and keyboard functions as well as the back function of your internet browser before completing the ordering process by clicking on the jetzt buchen button. You can identify any input errors by carefully reading the information displayed via your Internet browser and by carefully checking the data you have entered. If necessary, you can also use the enlargement function (magnifying glass function) of your Internet browser for this purpose. You can also terminate the ordering process at any time by closing the window of your Internet browser.
(b) By submitting an order via the online ordering option of our website by clicking the button 'jetzt buchen', you place a legally binding order for the products in the shopping cart. However, this request can only be submitted and transmitted if you have previously accepted these GTC by selecting the appropriate checkbox.
(c) We will confirm receipt of your order immediately by e-mail. In this e-mail, your order will be listed again. You can print this out using the print function. This automatic confirmation of receipt merely documents that we have received your order; it does not yet constitute acceptance of your application, unless we expressly declare acceptance therein at the same time as confirming receipt.
(d) You shall be bound by the order for a period of 14 days after placing the order; your right to revoke your order, if any, shall remain unaffected.
(e) The contract shall not be concluded until we have declared acceptance of your application. This declaration is usually made with a separate e-mail (order confirmation).
(4) In our e-mail confirming receipt or order or in a separate e-mail, we will send you the text of the contract on a durable medium, for example as an e-mail or paper printout (contract confirmation). The contract text consists of your order, our terms and conditions and the order confirmation.
(5) The contract text will be stored by us in compliance with data protection. Apart from the above sending, we keep wird per Mail in Form der Reservierungsbestätigung zugesendet.
(6) The contract shall be concluded in the German language.
(7) If you have provided your email address as part of the ordering process, or indeed as part of any other enquiry, it is your responsibility to ensure that the email address you have provided exists, is correct and that you are able to receive emails at that email address from us or from any third party contracted by us to process your order. Automatic SPAM filters are to be configured or monitored accordingly.
(8) You agree to an invoice transmitted electronically.
(9) All prices stated on our website are total prices including VAT and other price components plus shipping and handling.
III. Right of withdrawal
If you are a consumer in the sense of § 13 BGB (German Civil Code), i.e. a natural person who places the order for a purpose that can predominantly be attributed neither to his commercial nor to his independent professional activity, you are entitled to a right of withdrawal in accordance with the statutory regulations. Further information on the right of withdrawal can be found in our cancellation policy.
IV. Payment terms
We offer the following methods of payment:(1) Payment in advance: we offer you a payment in advance by bank transfer. If you select this payment method, our claim to payment of the agreed price becomes due upon conclusion of the contract, subject to a deviating agreement.
(2) Payment on account: We offer you a payment on account. If you select this payment method, our claim to payment of the agreed price shall become due after our service has been provided and an invoice has been issued in this respect. Unless otherwise agreed, the agreed price is payable within of receipt of the invoice without deduction.
(3) Payment by SEPA direct debit: We offer payment by SEPA direct debit. Our claim to payment of the agreed price becomes due after the SEPA direct debit mandate has been issued, as soon as the period for advance information to make payment by direct debit, so-called prenotification, has expired. This prenotification is a notification to you announcing a payment collection by SEPA Direct Debit and is intended to enable you to prepare for the collection and to ensure that your account is covered at least in the amount of the payment. The collection will not take place until the period for prenotification has expired and the goods ordered by you have left our warehouse. In the event that a payment collection by SEPA direct debit is not possible because the specified account is not sufficiently covered, incorrect bank details have been provided or you object to the collection without justification, you shall bear those fees incurred by a chargeback of the relevant credit institution in the event that you have to represent.
(4) Payment processing via the payment service provider PayPal: We offer you the following options for payment processing via the payment service provider PayPal (Europe) S.à.r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter referred to as PayPal):
PayPal or PayPal Express: If you select this payment method, you will be redirected to the PayPal website during the ordering process. In order to be able to make the payment, you must register there or log in with your access data there. The terms of use of PayPal apply, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full. If you have legitimized yourself there with your access data, you must confirm the payment instruction to us. We will request PayPal to initiate the transaction of the payment following the submission of your order.
For a payment processing via PayPal, the General Terms and Conditions of PayPal https://www.paypal.com/de/webapps/mpp/ua/legalhub-full, the PayPal Terms of Use https://www.paypal.com/de/webapps/mpp/ua/useragreement-full and the provisions for 'Payments without a PayPal account' https://www.paypal.com/de/webapps/mpp/ua/privacywax-full apply in addition.
V. Special provisions for gift certificates
(1) We offer the purchase of gift certificates on our website. Gift vouchers are, unless otherwise agreed, vouchers issued by us and redeemable exclusively with us on our website. The following regulations apply to gift vouchers.
(2) Gift vouchers purchased from us will be provided to you by download, by e-mail, by mail.
(3) Unless otherwise agreed, gift vouchers can only be redeemed in our online shop before the order process is completed. Gift vouchers cannot be redeemed at a later date. You may redeem more than one gift certificate on the same order.
(4) You cannot use one gift certificate to purchase additional gift certificates. You can only redeem gift certificates for the purchase of products.
(5) If the total value of your order exceeds the value of the gift certificate, you may pay the amount not covered by the value of the gift certificate using the payment methods we offer.
(6) Gift vouchers are transferable to and may be redeemed by third parties. We may make payment to the person redeeming the gift voucher with discharging effect unless we have knowledge or grossly negligent ignorance that such person is not legally competent, not entitled or not authorized to represent us.
(7) Unless otherwise agreed, you may redeem a gift certificate until the end of the third year following the year of the gift certificate purchase. Unless otherwise agreed, the foregoing also applies to any balance remaining on a gift certificate and credited to it.
(8) Cash payment of the credit balance on the gift voucher or interest thereon will not be made.
VI. Special provisions for promotional vouchers
(1) We also offer promotional vouchers on our website. Unless otherwise agreed, promotional vouchers are vouchers that we provide to you free of charge in connection with promotions, that cannot be purchased, that are only valid for a limited period of time and that can only be redeemed on our website. The following regulations apply to promotional vouchers.
(2) Unless otherwise agreed, promotional vouchers can only be redeemed on our website before the order process is completed. After the expiry of the validity period, promotional vouchers can no longer be redeemed. Promotion vouchers cannot be subsequently offset.
(3) We are entitled to limit the validity of the promotional vouchers to certain products or to exclude the validity for certain products. Any such restriction will be determined by the contents of the relevant promotional voucher.
(4) The total value of your order must equal or exceed the stated value of the promotional voucher. Any difference between these values, i.e. any remaining balance, will not be refunded by us.
(5) If you exercise your statutory right of cancellation and return the relevant goods which you have paid for in whole or in part with the promotional voucher, no refund of the value of the promotional voucher will be made.
(6) No cash payment of the value of the promotional voucher or interest thereon will be made.
(7) If the total value of your order exceeds the value of the promotional voucher, you may pay the amount not covered by the value of the promotional voucher using the payment methods we offer.
(8)
VII. Changes to the GTC or our services
(1) We reserve the right to change our T&Cs or our services,
(a) if our T&Cs or our services have to be adapted to the applicable law, in particular in the event of a change in the legal situation, developments in case law or if we have to comply with a judicial or official decision,
(b) if technical or procedural changes that do not have a material impact on you make it necessary to change the T&Cs or our services,
(c) if we offer new or additional services that must be included in the T&Cs and this does not adversely affect the contractual relationship we have with you, or
(d) if the changes to our T&Cs or our services are merely legally advantageous to you.
(2) You will be notified of any changes in writing, by fax or by email. If you do not object to this change within six (6) weeks after receipt of the notification, the changes shall be deemed accepted by you. You will be informed separately of the right to object and the legal consequences of silence.
(3) Your rights regarding the termination of the contractual relationship with us remain unaffected.
VIII. Data protection
For information on the processing of personal data, please refer to our privacy policy.
IX. Customer Service
For questions, complaints or claims, you can reach us by phone at +493993280100 and by email at schlosshotel@fleesensee.de.
X. Consumer Arbitration Board
We are not willing and not obliged to participate in any dispute resolution procedure before a consumer arbitration board.
XI. Applicable Law and Jurisdiction
(1) The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. Statutory provisions on the restriction of the choice of law and on the applicability of mandatory provisions, in particular of the state in which you as a consumer have your habitual residence, shall remain unaffected.
(2) If you as a customer are a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between you and us is our registered office. Otherwise, the applicable statutory provisions shall apply to the local and international jurisdiction.
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module-flow-content General Terms and Conditions for Package Travel Contracts
OF FLEESENSEE SCHLOSSHOTEL GMBH – VALID FOR NEW BOOKINGS OF PACKAGE HOLIDAYS FROM 01.07.2018
1. Conclusion of the package travel contract / obligation for fellow travellers
1.1 The following applies to all booking channels:
a) The basis of this offer is the travel advertisement and the supplementary information provided by the tour operator for the respective trip, insofar as these are available to the customer at the time of booking.
b) The customer shall be responsible for all contractual obligations of travellers for whom he makes the booking as for his own, insofar as he has assumed this obligation by express and separate declaration.
declaration.
c) If the content of the tour operator’s travel confirmation differs from the content of the booking, this constitutes a new offer by the tour operator to which he is bound for a period of ten days.
The contract is concluded on the basis of this new offer insofar as the tour operator has pointed out the change in the new offer and has fulfilled its pre-contractual information obligations and the customer declares acceptance to the tour operator within the binding period by means of an express declaration or down payment.
d) The pre-contractual information provided by the tour operator regarding the essential characteristics of the travel services, the travel price and all additional costs, the payment modalities, the minimum number of participants and the cancellation fees (in accordance with Article 250 § 3 number 1, 3 to 5 and 7 EGBGB) shall only not become part of the package travel contract if this has been expressly agreed between the parties.
1.2 The following applies to bookings made verbally, by telephone, in writing, by e-mail, by fax or electronically (e.g. Internet):
a) With the booking (travel registration), the customer makes a binding offer to the tour operator to conclude the package travel contract.
b) The contract is concluded upon receipt of the travel confirmation by the tour operator. Upon or immediately after conclusion of the contract, the tour operator shall send the customer a travel confirmation in accordance with the statutory requirements.
2 Payment
2.1 Tour operators may only demand or accept payment of the tour price before the end of the package tour if an effective customer money protection contract is in place and the customer has been provided with the insurance certificate with the name and contact details of the customer money insurer in a clear, comprehensible and emphasised manner.
3. changes to the content of the contract before the start of the tour that do not affect the tour price
3.1 The tour operator is permitted to make changes to essential features of travel services from the agreed content of the package travel contract which become necessary after conclusion of the contract and which were not brought about by the tour operator in bad faith before the start of the tour, provided that the changes are insignificant and do not affect the overall nature of the tour.
3.2 The tour operator is obliged to inform the customer of changes to services immediately after becoming aware of the reason for the change on a durable medium (e.g. also by email, SMS or voice message) in a clear, comprehensible and emphasised manner.
3.3 In the event of a significant change to an essential feature of a travel service or a deviation from the customer’s special requirements, which have become part of the package travel contract, the customer is entitled, within a reasonable period set by the tour operator at the same time as notification of the change
– either accept the change
– or withdraw from the package travel contract free of charge
– or to demand participation in a substitute tour if the tour operator has offered such a tour.
The customer has the choice of responding to the tour operator’s notification or not. If the customer responds to the tour operator, he can either agree to the contract amendment, demand to take part in a substitute tour if one has been offered to him, or withdraw from the contract free of charge. If the customer does not respond to the tour operator or does not respond within the set deadline, the notified change is deemed to have been accepted. The customer must be informed of this in a clear, comprehensible and emphasised manner in the declaration in accordance with section 3.2.
3.4 Any warranty claims remain unaffected if the changed services are defective. If the tour operator had lower costs for the execution of the modified tour or replacement tour with equivalent quality, the customer shall be reimbursed the difference in accordance with § 651m para. 2 BGB.
4 Cancellation by the customer before the start of the trip / cancellation costs
4.1 The customer may withdraw from the package travel contract at any time before the start of the tour. Cancellation must be declared to the tour operator. If the trip was booked through a travel agent, the cancellation can also be declared to the travel agent. The customer is advised to declare the cancellation on a durable medium.
4.2 If the customer cancels before the start of the tour or does not start the tour, the tour operator loses the right to the tour price. Instead, the tour operator may demand reasonable compensation if it is not responsible for the cancellation or if extraordinary circumstances occur at the destination or in its immediate vicinity which significantly impair the performance of the package tour or the transport of persons to the destination; circumstances are unavoidable and extraordinary if they are beyond the control of the tour operator and their consequences could not have been avoided even if all reasonable precautions had been taken.
4.3 The amount of compensation is determined by the tour price less the value of the expenses saved by the tour operator and less what the tour operator acquires through other use of the travel services, which must be justified by the tour operator at the customer’s request. The tour operator has defined its compensation flat rates in the travel descriptions and in the travel contract, taking into account the period between the declaration of cancellation and the start of the trip as well as the expected savings in expenses and the expected income from other uses of the travel services.
4.4 In any case, the customer is entitled to prove that the reasonable compensation to which the tour operator is entitled is significantly lower than the flat-rate compensation demanded by the customer.
4.5 The tour operator reserves the right to demand higher, individually calculated compensation instead of the above compensation flat rates, insofar as the tour operator can prove that it has incurred significantly higher expenses than the applicable compensation flat rate. In this case, the tour operator is obliged to specifically quantify and justify the compensation claimed, taking into account the expenses saved and deducting what it acquires through other use of the travel services.
4.6 If the tour operator is obliged to refund the tour price as a result of a cancellation, it must do so immediately, and in any case within 14 days of receipt of the cancellation notice.
4.7 The statutory right of the customer to demand from the tour operator, in accordance with § 651e BGB, that a third party assumes the rights and obligations arising from the package travel contract instead of the customer, by means of notification on a durable medium, remains unaffected by the above conditions. Such a declaration shall in any case be deemed to have been made in good time if it is received by the tour operator 7 days before the start of the tour.
5. rebookings
5.1 The customer is not entitled to make changes to the travel date, the destination, the place of departure, the accommodation or the mode of transport (rebooking) after conclusion of the contract. This does not apply if the rebooking is necessary because the tour operator has provided the traveller with no, insufficient or incorrect pre-contractual information in accordance with Art. 250 § 3 EGBGB; in this case, the rebooking is possible free of charge.
If, in other cases, a rebooking is nevertheless made at the customer’s request, the tour operator may charge a rebooking fee, which is determined as follows: Up to 30 days before departure, the rebooking fee is 30 euros per person.
5.2 Rebooking requests made by the customer after the deadlines have expired can only be carried out, if at all possible, after cancellation of the package travel contract in accordance with Clause 4 on the conditions and simultaneous rebooking. This does not apply to rebooking requests that only incur minor costs.
6. services not utilised
If the traveller does not make use of individual travel services which the tour operator was willing and able to provide in accordance with the contract for reasons attributable to the traveller, the traveller shall not be entitled to a pro rata refund of the travel price, unless such reasons would have entitled the traveller to withdraw from or terminate the travel contract free of charge in accordance with the statutory provisions. The tour operator shall endeavour to obtain reimbursement of the expenses saved by the service providers. This obligation does not apply if the expenses are completely insignificant.
7 Cancellation due to failure to reach the minimum number of participants
7.1 The tour operator may only withdraw from the package travel contract if the minimum number of participants is not reached if it
a) specifies the minimum number of participants in the respective pre-contractual information and the
the time by which the customer must have received the declaration at the latest before the contractually agreed start of the tour, and
b) states the minimum number of participants and the latest cancellation deadline in the travel confirmation.
Cancellation must be declared to the customer at the latest on the day specified to the customer in the pre-contractual information and the travel confirmation. If it becomes apparent at an earlier point in time that the minimum number of participants cannot be reached, the tour operator must immediately exercise its right of cancellation.
7.2 If the tour is not carried out for this reason, the tour operator must refund the customer’s payments towards the tour price without delay, and in any case within 14 days of receipt of the cancellation notice.
8 Cancellation for behavioural reasons
The tour operator may terminate the package travel contract without notice if the traveller persistently disturbs the tour despite a warning from the tour operator or if the traveller behaves in a manner contrary to the contract to such an extent that the immediate cancellation of the contract is justified. This does not apply if the behaviour in breach of contract is due to a breach of the tour operator’s duty to provide information. If the tour operator cancels the contract, it retains the right to the tour price; however, it must offset the value of the saved expenses and the benefits that it obtains from any other use of the unused service, including the amounts credited to it by the service providers.
9 Obligations of the traveller to cooperate
9.1 Travel documents
The customer must inform the tour operator or his travel agent through whom he has booked the package tour if he does not receive the necessary travel documents (e.g. flight ticket, hotel voucher) within the period notified by the tour operator.
9.2 Notification of defects / request for remedy
If the tour is not provided free of travel defects, the traveller may demand redress. If the tour operator is unable to remedy the situation due to a culpable omission of the notification of defects, the traveller may neither assert claims for a reduction in price in accordance with Section 651m BGB nor claims for damages in accordance with Section 651n BGB The traveller is obliged to notify the tour operator’s representative or the tour operator itself of the defects immediately on site. The tour operator’s representative is instructed to remedy the situation if possible. However, he is not authorised to recognise claims.
9.3 Setting a deadline before cancellation
If a customer/traveller wishes to terminate the package travel contract due to a travel deficiency of the type described in Section 651i (2) BGB, insofar as it is significant, in accordance with Section 651l BGB, they must first set the tour operator a reasonable deadline for remedial action. This only does not apply if the tour operator refuses to remedy the situation or if immediate remedy is necessary.
10 Limitation of liability
10.1 The contractual liability of the tour operator for damages that are not physical injuries and were not culpably caused is limited to three times the tour price. Any further claims under international agreements or statutory provisions based on such agreements remain unaffected by this limitation.
10.2 The tour operator is not liable for service disruptions, personal injury and damage to property in connection with services that are merely arranged as third-party services (e.g. arranged excursions, sporting events, theatre visits, exhibitions) if these services were expressly and clearly identified as third-party services in the travel description and travel confirmation, stating the identity and address of the arranged contractual partner, so that they are recognisably not part of the tour operator’s package tour for the traveller and were selected separately. Sections 651b, 651c, 651w and 651y BGB remain unaffected by this. However, the tour operator is liable if and to the extent that the tour operator’s breach of information, clarification or organisational obligations was the cause of damage to the traveller.
11. assertion of claims: Addressee, information on consumer dispute resolution
11.1 The customer/traveller must assert claims in accordance with § 651i Para. 3 No. 2, 4-7 BGB against the tour operator.
11.2 With regard to the law on consumer dispute resolution, the tour operator points out that it does not participate in voluntary consumer dispute resolution. If consumer dispute resolution becomes mandatory for the tour operator after the printing of these travel conditions, the tour operator will inform the customer of this in an appropriate form. The tour operator refers to the European online dispute resolution platform http://ec.europa.eu/consumers/odr/ for all travel contracts concluded in electronic legal transactions.
12 Passport, visa and health regulations
12.1 The tour operator shall inform the customer/traveller about general passport and visa requirements as well as health formalities of the destination country, including the approximate deadlines for obtaining any necessary visas before the conclusion of the contract and any changes to these before the start of the trip.
12.2 The customer/traveller is responsible for obtaining and carrying the travel documents required by the authorities, any necessary vaccinations and compliance with customs and foreign exchange regulations. Any disadvantages arising from non-compliance with these regulations, e.g. the payment of cancellation costs, shall be borne by the customer/traveller. This does not apply if the tour operator has provided no, insufficient or incorrect information.