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General terms and conditions

for the “Camping Pirna” campsite

valid from May 15, 2024

 

1. Validity

1.1. The following General Terms and Conditions (GTC) apply to all offers, bookings and contracts for pitches and accommodation at “Camping Pirna” (hereinafter referred to as the “Campsite”).

1.2. Persons who wish to exercise a trade on the campsite are only permitted to do so with the express consent of Stadtwerke Pirna GmbH (SWP).

2. Registration, Booking

2.1. Booking requests can be made in writing, by telephone, by email or online on the campsite website in German or English. With their booking request – except when the booking is made online – the guest makes a binding agreement to use the pitch/accommodation at the campsite, to which they are bound for 14 days.
2.2 When booking online, the guest directly concludes a contract for the use of a pitch/accommodation when they enter their data and clicks the “binding booking” button. The guest’s booking confirmation is displayed in the booking portal and is also sent to the guest as an email. The data provided by the guest will be stored by the SWP.

2.3. The email constitutes a booking confirmation and contains information about the pitch/accommodation reserved for the guest and the period it may be used for.

2.4. Permanent campers are offered a usage contract by the SWP annually upon request. The SWP is not obliged to make an offer.

2.5. The guest has no exclusive right to the provision of the pitch/accommodation specified in the contract for the following seasons.

3. Prices, Down payment, Full payment, Security deposits

3.1. The user fee to be paid by the Guest (hereinafter referred to as the “Fee”) is based on the campsite’s current price list. A current price list of all packages (pitches, accommodation, consumption costs, etc.) is published by SWP on the internet and displayed at the reception desk.

3.2 The fee is to be paid directly at the campsite reception upon departure (cash, VISA, MasterCard, EC and Maestro Card). The deposit will be charged here.

3.3. If accommodation is booked, a security deposit of the amount published in the current price list must be deposited in cash at the reception desk upon arrival at the campsite.

3.4. Security deposits will be returned to the guest upon departure or charged for if there are no contractual or damage-controlling objections to this.

3.5. Security deposits shall not bear interest.

4. Withdrawal / Compensation

4.1. The guest may withdraw from the contract before the commencement of the contractual period of use. The declaration of withdrawal must be made in writing (letter, fax, email). The withdrawal notice is valid from the date it is received by the SWP.

4.2. If the guest withdraws from the contract later than 4 weeks before arrival, SWP will retain the deposit. The retention amount will only be refunded in the event of a non-arrival if there is a legally binding certificate. Campsite rentals and short-term stays of up to a maximum of 2 nights are excluded from the deposit.

4.3. If the agreed services are not occupied on the day of the start of the contractual period of use without prior notice of withdrawal from the contract, the guest’s entitlement to these services expires. The deposit will be retained.

4.4. The guest is entitled to prove that the SWP has suffered no damage or less damage in the specific case than is stipulated in the cancellation rates.

4.5. If communal facilities (e.g. sanitary and/or utility rooms) are not open and therefore cannot be used, no claims for reduction or withdrawal can be asserted. In the event of cancellation and no-show, our cancellation policy according to section 4.1. to 4.4. applies.

4.6. Early departures – for whatever reason – also do not result in claims for reimbursement.

5. Making changes to a booking

5.1. Changes can be made to bookings upon request, as far as is organizationally feasible. The SWP will at least write to the guest to confirm that the requested changes could be accommodated.

5.2. Each registered person may be replaced by another person until the first day of the contractual period of use. The prerequisite for this is that this is notified to the SWP by the person who was initially registered and the other person at least in text form and the SWP does not immediately object to the replacement. The SWP may only refuse consent to other persons staying at the campsite instead if there are objective reasons for doing so. The guest and the person replacing the guest are jointly and severally liable to the SWP for the contractual remuneration and for any additional costs that arise because of the replacement.

5.3. Should circumstances arise that make an accommodation reallocation necessary and unavoidable during the guest’s period of use, the SWP is entitled to assign the guest another accommodation of equal value, where possible.

6. Arrival and departure, occupancy, pets

6.1. Vehicles without valid motor vehicle liability insurance are not permitted to enter or stay on the campsite grounds.

6.2. If the guest’s motorhome/caravan is equipped with a gas system, they must carry proof of the gas test, unless this was part of the main inspection. SWP reserves the right to check the gas test documentation. Motorhomes/caravans are not permitted to stay on the campsite without a valid gas test.

6.3. Pitches/accommodation may be occupied no earlier than 2 pm on the first day of the contractual period of use.

6.4. Upon arrival at the campsite, the guest will be given a key for the use of the gate, the sanitary block, and lockable accommodation (if they have opted for this).

6.5. In the event of loss of a key, the SWP shall assert a claim against the guest for damages in the amount of €80.00 per key issued.

6.6. The keys issued to the guest are to be looked after with care. These keys may not be passed on to third parties and unauthorized access must be protected against.

6.7. The pitch/accommodation may only be occupied by the number of persons stated in the booking confirmation, and registered on arrival. If the registered number of persons is exceeded, the SWP is entitled to expel non-registered persons who are staying for the purpose of overnight accommodation or permanent residence. In exceptional cases, the SWP may accept the subsequent registration of such persons against reimbursement of the costs, in accordance with the currently valid price list. Additional costs are to be paid immediately and in full at the reception desk.

6.8. Pets are not allowed to stay in the accommodation provided by the SWP.

6.9. The accommodation must be vacated by 10.00 am on the last day of the contractual period of use.

6.10. The parking spaces must be vacated by 11.00 am on the last day of the contractual period of use.

6.11. An extension of the period of use is to be requested from the SWP at the campsite reception desk, at least 24 hours before the end of the original period of use. The SWP will consider the possibility of an extension. In the event of an extension of the period of use, the SWP is entitled to offer the guest a different pitch/accommodation. The guest is not automatically entitled to an extension of their period of use.

6.12. If the departure times according to para. 6.8. and 6.9. are not observed by the guest, the SWP reserves the right to charge the guest, along with the persons registered by the guest, for the overrun at the daily rate according to the currently valid price list.

6.13. In the event of early departure, no pro rata refund of the fee payable for the reserved period of use shall be made.

6.14. The rental property is handed over to the guest free of defects and including items listed on the inventory. This inventory list is available in the respective rental property. If the guest discovers defects or missing inventory, they must immediately report these to the campsite reception team.

6.15. The guest is liable for any damage they cause to the accommodation and its equipment during their period of use. The SWP reserves the right to offset or withhold the security deposit paid by the guest, to pay for repair of the damage. If the security deposit does not cover the total damage, the SWP can invoice the difference to the guest.

6.16. By repaying the security deposit pursuant to para. 3.5. the SWP neither expressly nor implicitly declares a waiver of any claims for damages or reimbursement of expenses in accordance with para. 12.

7. Terms of Use

7.1. The instructions laid out by the SWP (in particular the hygiene rules) must be followed.

7.2. The guest is obliged to keep the pitch/accommodation and the accompanying open space clean and tidy.

7.3. The guest is obliged to leave the accommodation in broom-clean condition on departure.

7.4. The guest is not allowed to plant plants, dig ditches or built a fence around the pitch without the permission of the SWP.

7.5. Smoking is not permitted inside the accommodation, under the awning if there is one, or inside the sanitary block.

7.6. One car is included in the fee for the pitch/accommodation and can be parked on the pitch or the parking area belonging to the accommodation during the period of use. Parking outside these parking spaces is only permitted in the parking lot next to the campsite entrance.

7.7. Charging electric vehicles on the pitch is not permitted. This does not apply to e-bikes. Other electric/hybrid vehicles can be charged at the charging stations located in the parking lot at the campsite entrance.

7.8. Loose objects on the pitch/inside the accommodation are to be secured by the guest in the event of bad weather conditions (e.g. storm) in such a way that they cannot cause damage. In the event of a violation of this, the guest bears the liability for any resulting damage.

7.9. The washing of caravans, motorhomes and cars on the campsite is not permitted.

7.10. Emptying chemical toilets is only permitted in the designated facility behind the sanitary block.

7.11. The emptying of domestic wastewater is only permitted in the designated facility behind the reception. Using road drains for this purpose is expressly prohibited.

7.12. Garbage must be disposed of separately in the respective containers provided for this purpose and must not simply be placed next to the trash cans.

7.13. Bringing waste of any kind from outside the campsite to be disposed of on the campsite is not permitted.

7.14. Hazardous waste (e.g. paints, batteries) and bulky waste (e.g. furniture) may not be disposed of at the campsite.

7.15. Violations shall be penalized with a cleaning or disposal fee, which shall be charged to the party responsible.

7.16. Lost and found items are stored at the reception office for a maximum of 6 months and then recycled or disposed of.

8. Termination

8.1. Both contracting parties have the right to terminate the contract without notice for good cause.

8.2. The SWP is entitled to terminate the contract for extraordinary cause, in particular if the guest or other persons registered by the guest behave in a manner that is persistently in breach of the contract despite a warning (in particular, in the event of a violation of these General Terms and Conditions, the campsite regulations and/or non-compliance with the hygiene rules), if the instructions of the campsite staff are not followed or if the SWP cannot be expected to adhere to the contract for other reasons.

8.3. The SWP will set the guest a reasonable deadline for the complete evacuation of the pitch/accommodation.

8.4. If SWP terminates the contract for extraordinary cause, the SWP retains the right to the contractual remuneration. The value of any expenses saved, as well as any benefits that the SWP obtains from other use of the contractual services that are no longer made use of, shall be taken into account.

9. HotSpot usage

The conditions for using the WiFi access provided by the campsite depend on the terms of use to be accepted when dialing in.

10. Taking photos / video footage

10.1. The flying of private or commercial drones over the campsite and natural lake area is only permitted with the express consent of the SWP.

10.2. At regular intervals, the SWP shall arrange for photographic work or image and sound recordings to be carried out at the campsite. For more information on the use of film and photo recording equipment, please see our Camping Pirna privacy policy S-07.

11. Services and changes in services offered

11.1. The contractual services and prices (see also para. 3.1.) that are set out in the brochures, price lists and on the SWP website homepage are published by the SWP, and are the direct responsibility of the SWP.

11.2. Changes or deviations from the content of the concluded contract that occur after the conclusion of the contract and that are not brought about by the SWP contrary to good faith shall only be permitted to the extent that they are not substantial and do not affect the overall nature of the contract. This does not apply to service changes that are not the responsibility of the SWP (e.g. official orders, force majeure).

11.3. The SWP shall inform the guest without undue delay of any material changes in services occurring during the guest’s stay. In the event of substantial changes in services, the guest has the right to withdraw from the contract. In this case, the guest is obliged to declare their withdrawal from the contract to the SWP immediately. The guest must pay the SWP for services already used; services not used will not be charged/reimbursed.

12. Liability

12.1. Within the scope of the duty of care of a prudent business, the SWP is liable for the correctness of its service description in brochures, price lists and on the website homepage – all of these being the direct responsibility of the SWP – and for the proper provision of the contractual services.

12.2. The SWP is not liable for obvious printing errors in the contract documents, brochures, or printouts of the website homepage.

12.3. If the booking is made on the basis of information from brochures or internet presentations by third parties (in particular local or hotel brochures or similar), this third-party information is only of a non-binding informational nature. The SWP does not assume any liability for statements and information in brochures or internet presentations made by third parties, nor do these statements and information constitute the SWP’s contractual service obligations towards the guest or third parties.

12.4. The guest shall be liable for any damage to the accommodation or to the facilities and equipment provided for use at the campsite owned by the SWP that is caused by themselves, by persons they have registered, or by persons they have not registered but who are accommodated by them.

12.5. The stipulations laid out in 12.4 shall apply mutatis mutandis to such damage and expenses that arise from improper use, improper cleaning or excessive soiling of the accommodation or facilities and equipment provided for use at the campsite that are the property of the SWP.

13. Limitation of liability

13.1. The SWP’s contractual and tort liability for damages that are not the result of injury to life, limb or health and that are not due to a grossly negligent or intentional breach of duty on the part of the SWP or one of the SWP’s legal representatives/vicarious agents shall be limited in amount to the compensation provided by the SWP’s liability insurance.

13.2. The SWP is not liable for damages in connection with bathing accidents that occur in the adjacent bathing lake. Bathing is at the guests’ own risk.

13.3. The SWP is not liable for damages due to force majeure to the extent that such damages are not covered or not fully covered by the SWP’s liability insurance.

13.4. The SWP is not liable for any damage caused by unregistered third parties who stay on the campsite with the consent of the guest or registered persons, or who are otherwise present without authorization. The guest indemnifies the SWP from liability for damages culpably caused – without contributory negligence on the part of the SWP – by themselves, by persons registered by them and by non-registered third parties staying at the campsite with the consent of the registered person or persons.

13.5. It is the guest’s responsibility and duty of care to protect their own property located on the campsite from theft and damage by third parties. The SWP assumes no liability for theft and property damage.

14. Warranty / Remedy / Obligation to cooperate

14.1. If the SWP does not provide its contractual services in accordance with the contract, the guest can request remedial action. The request for remedy must be addressed to the reception office.

14.2. The guest is obligated to do or refrain from doing everything reasonable to contribute to the elimination of the disruption or to avoid or minimize any damage that may occur.

14.3. The SWP is also entitled to remedy the situation in such a way that an equivalent replacement service is provided. The remedy may be refused if it requires disproportionate effort. The guest may refuse the replacement service offered by the SWP if it is unreasonable for obvious reasons. This applies in particular if the replacement service would significantly impair the overall nature of the contract.

14.4. In the event that the guest justifiably rejects a replacement service pursuant to para. 14.3, the guest shall only be charged those fees that have accrued up to that point in time. Compensatory measures for services already rendered and utilized will not be considered by the SWP.

14.5. If, despite the guest’s request for remedial action, contractual services or a replacement service are not provided by the SWP in accordance with the contract, the guest may demand a reduction of the fee corresponding to the reduced service after the end of the contractual period of use. The claim must be made stating the reasons. The SWP reserves the right to consider the guest’s claim for reduction of the fee until after the guest’s departure. The contractual fee must then be paid in full, subject to reservation if necessary.

14.6. Claims due to non-contractual provision of the services under this contract must be notified to Stadtwerke Pirna GmbH, Seminarstraße 18 b, 01796 Pirna, immediately, at the latest upon the contractually stipulated termination of the period of use. The SWP recommends written notification for evidence purposes.

14.7. Claims due to non-contractual provision of the services under this contract expire after two years. The period of limitation begins on the day on which the contractual period of use should end.

15. Out-of-court dispute settlement procedure

If the guest is a consumer as stipulated in § 13 of the German Civil Code (BGB), they have the option of applying for arbitration proceedings at The General Conciliation Body of the German government (Universalschlichtungsstelle des Bundes des Zentrums für Schlichtung e.V.) for the settlement of disputes between themselves and Stadtwerke Pirna GmbH in the area of campsite operations. The Universalschlichtungsstelle des Bundes des Zentrums für Schlichtung e.V. can be reached via www.verbraucher-schlichter.de or at the address Universalschlichtungsstelle des Bundes des Zentrums für Schlichtung e.V., Straßburger Straße 8 in 77694 Kehl am Rhein, Tel: +49 7851 795 79 40, Email: mail@universalschlichtungsstelle.de Such an application is only admissible if the guest has contacted the Stadtwerke Pirna GmbH customer service team and no mutually satisfactory solution has been found. Stadtwerke Pirna GmbH is willing to participate arbitration proceedings laid out by the Universalschlichtungsstelle des Bundes des Zentrums für Schlichtung e.V.

16. Data storage, data protection

Personal data is automatically stored, processed and, if necessary, transmitted by the SWP in accordance with the data protection declaration. The privacy policy will be handed out to each guest upon confirmation of their booking. It is also published on the campsite’s website and will be available at the reception upon arrival.

17. Final provisions

17.1. German law is applied.

17.2. The exclusive place of jurisdiction in accordance with § 29 of the German Code of Civil Procedure is Pirna. The SWP also reserves the right to sue at the guest’s place of residence.

17.3. Should individual provisions of the contracts concluded in accordance with these GTC be invalid or unenforceable or become invalid or unenforceable after conclusion of the contract, the validity of the remaining provisions of the contract shall remain unaffected. The invalid or unenforceable provision shall be replaced by a valid and enforceable provision whose effects most closely approximate the economic objective pursued by the contracting parties with the invalid or unenforceable provision. The above provisions shall apply mutatis mutandis in the event that the contract proves to be incomplete.

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