ACCOMMODATION AND BOOKING CONDITIONS
for contracts concluded from June 26, 2023
We appreciate your interest in booking accommodation with AZUR Freizeit GmbH, located at Rohrackerstr.272, D - 70329 Stuttgart, or CRV s.r.l., located at Via Vantone 45, 25074 Idro (BS), Italy, hereinafter referred to as the "Accommodation Provider." In the event of a guest accommodation contract, the Accommodation Provider will act as your responsible service provider, and AZUR Freizeit GmbH will act as your intermediary, abbreviated as "AZUR," putting all their efforts and experience into making your stay as enjoyable as possible. To ensure clarity regarding your rights and obligations as a guest and the rights and obligations of the Accommodation Provider, the following accommodation conditions will be agreed upon between you and the Accommodation Provider in the form of the following guest accommodation conditions. These guest accommodation conditions, when validly agreed upon, will form part of the guest accommodation contract concluded between you and the Accommodation Provider in the event of a booking. Therefore, please read these guest accommodation conditions carefully before making your booking.
1. Role of AZUR; Scope of these Contract Conditions
1.1. AZUR operates the respective websites or acts as the publisher of catalogs, brochures, or other printed materials and online platforms, explicitly identified as such.
1.2. If AZUR arranges a combination of accommodation and other services provided by the Accommodation Provider (e.g., accommodation with meals), and the other services provided by the Accommodation Provider do not constitute a significant portion of the total value of this combination of services and are not a substantial feature of the Accommodation Provider's or AZUR's service offering, nor are they advertised as such, AZUR only acts as an intermediary for accommodation services.
1.3. As an intermediary, AZUR assumes the role of a provider of linked travel services to the extent that the legal requirements of § 651w of the German Civil Code (BGB) for offering linked travel services by AZUR are met.
1.4. Without prejudice to the obligations of AZUR as a provider of linked travel services (in particular, the provision of the legally required form sheet and the implementation of customer money protection in the event of AZUR's debt collection activities) and the legal consequences in case of non-compliance with these legal obligations, AZUR is neither a tour operator nor a contracting party to the guest accommodation contract concluded in the event of a booking if the conditions specified in b) or c) are met. Therefore, AZUR is not liable for the Accommodation Provider's information regarding prices and services, the provision of services itself, or any defects in the services. Any liability of AZUR arising from the intermediary agreement and legal provisions, particularly mandatory provisions on teleservices and electronic commerce, remains unaffected.
1.5. These terms and conditions apply, when validly agreed upon, to guest accommodation contracts in which the basis for the booking is the catalogs or accommodation offers issued by AZUR or presented on its websites.
Conclusion of Contract
2.1. The following applies to all types of bookings:
a) The basis for the offer from the accommodation provider and the guest's booking are the description of the accommodation and the supplementary information in the booking basis (e.g., classification explanations) as far as they are available to the guest at the time of booking.
b) In accordance with legal obligations, the guest is informed that, according to legal regulations (§ 312g para. 2 sentence 1 no. 9 German Civil Code), there is no right of withdrawal for guest accommodation contracts concluded by distance selling (letters, catalogs, telephone calls, faxes, emails, messages sent via mobile telecommunications services (SMS), as well as radio and telemedia). Instead, the statutory regulations regarding the non-use of rental services (§ 537 German Civil Code) apply (see also Clause 6 of these guest accommodation terms and conditions). However, a right of withdrawal exists if the guest accommodation contract has been concluded outside of business premises, unless the oral negotiations on which the conclusion of the contract is based were conducted at the consumer's prior request; in the latter case, there is also no right of withdrawal.
c) In the case of bookings by clubs, travel groups, associations, companies, authorities, and institutions, the contracting party of the guest accommodation contract and the payer is exclusively the respective organization, not the individual guest, unless they make the booking explicitly as the authorized representative on behalf of and with the power of attorney from the guest.
d) For customers booking on behalf of accompanying travelers (except in the cases of Clause 2.1 c), they are liable for all contractual obligations of the guests for whom the booking is made, as if they were their own obligations, provided they have assumed this obligation through explicit and separate declaration. Such customers or contracting parties booking for accompanying guests are hereinafter collectively referred to as "customer."
2.2. The following applies to bookings made orally, by telephone, in writing, by email, or by fax:
a) By making the booking, the guest gives AZUR the agency commission and authorizes AZUR to submit a binding offer to book the services of the accommodation provider on behalf of the guest, including these agency terms and conditions.
b) The contract is concluded when the booking confirmation is received by the guest as the acceptance declaration from AZUR as the representative on behalf of the accommodation provider. It does not require any particular form, so oral and telephone confirmations are legally binding for both the guest and the accommodation provider. In the usual case, if the booking confirmation is given orally or by telephone, AZUR as the representative of the accommodation provider will also send a written copy of the booking confirmation to the guest. However, if the guest makes an oral or telephone booking and receives a corresponding binding oral or telephone confirmation from AZUR as the representative of the accommodation provider, the contract is also legally binding, even if the additional written copy of the booking confirmation is not received by the guest.
c) If, at the guest's request, AZUR as the representative of the accommodation provider submits a special offer, this represents a binding contract offer on behalf of the accommodation provider to the guest, deviating from the above provisions, provided it does not involve non-binding information about available accommodations and prices. In these cases, the contract is concluded without requiring a corresponding confirmation from AZUR as the representative of the accommodation provider if the guest accepts this offer within any specified deadline mentioned in the offer, without restrictions, changes, or additions, through an explicit declaration, down payment, final payment, or use of the accommodation.
2.3. For online bookings made through a website that displays availability and the total booking price online, the following applies to the conclusion of the contract:
a) Offers on AZUR's website are not offers in the legal sense of a binding contract offer.
b) After the customer has entered their desired services (travel period, number of participants, travel dates, etc.), the online booking process displays information to the customer regarding the services and prices of the available capacities of the accommodation provider.
c) Based on this information, the customer can then, if necessary after checking availability, submit a binding contract offer for forwarding to the accommodation provider by completing a registration form with the customer's contact details. This is done by completing the registration form described above by the customer.
d) By clicking the button "book now, payment required," the guest authorizes AZUR to act as an agent and to submit a binding offer on behalf of the guest for booking the services of the host, including these agency terms and conditions. The guest will then receive immediate confirmation of the receipt of their booking electronically.
e) The submission of the contract offer by clicking the button "book now, payment required" does not entitle the guest to the conclusion of an accommodation contract corresponding to their booking details. The accommodation provider or AZUR as its representative is free to decide whether to accept the guest's contract offer or not.
f) The contract is concluded when the booking confirmation from AZUR as the representative on behalf of the accommodation provider is received by the guest.
Prices and Services
3.1. The prices stated in the booking basis (accommodation provider's offer, website) are final prices and include the statutory value-added tax and all additional costs unless stated otherwise regarding additional costs. Tourist tax or local taxes may be incurred and indicated separately, as well as fees for consumption-based services (e.g., electricity, gas, water, firewood) and for optional and additional services used on-site.
3.2. The services owed by the accommodation provider are exclusively based on the content of the booking confirmation, the information about the accommodation and the services of the accommodation provider in the booking basis, as well as any additional agreements expressly made with you.
4.1. The due date for the deposit and final payment is based on the agreement between the guest and the accommodation provider noted in the booking confirmation.
4.2. When booking accommodations, a deposit becomes due upon conclusion of the contract (receipt of the booking confirmation). Unless otherwise indicated in the booking confirmation, the deposit amounts to 30% of the total price and must be paid to AZUR as the authorized collector of the accommodation provider within 7 days.
4.3. The final payment is to be transferred to AZUR as the authorized collector of the accommodation provider's account no later than 4 weeks before the start of occupancy.
4.4. For bookings of camping stays for holiday campers, either
4.4.1. a deposit of 30% of the total price (minimum 50 euros and maximum the total price) of all booked services must be paid to AZUR as the authorized collector of the accommodation provider. In this case, the cancellation conditions under 6.4.2 apply, or
4.4.2. a deposit of 100% of the total price of all booked services minus a prepayment discount indicated at the time of booking must be paid to AZUR as the authorized collector of the accommodation provider. In this case, the cancellation conditions under 6.4.3 apply.
4.5. In certain cases, contrary to points 4.2. to 4.5., the total price may become due upon conclusion of the contract (receipt of the booking confirmation), provided that the customer has submitted their binding booking declaration with knowledge of these deviating payment conditions.
4.6. If no special agreement has been made, the total price, including fees for additional costs and extra services, is due and payable to the accommodation provider at the end of the stay, at the latest on the departure day.
4.7. Payments in foreign currencies are not possible. Credit card payments are only accepted by the cards offered by the accommodation provider publicly. Payments on the day of departure cannot be made via bank transfer.
4.8. If the guest fails to make the agreed deposit despite a reminder with a reasonable deadline within the specified period, and as long as the accommodation provider is willing and able to provide the contractual services and there is no legal or contractual right of retention on the part of the guest, the accommodation provider is entitled to withdraw from the contract with the guest and demand cancellation costs from the guest in accordance with clause 6 of these conditions.
Arrival and Departure
5.1. The guest's arrival must take place at the agreed time, and without any special agreement, no later than 6:00 PM.
5.2. For late arrivals:
a) The guest is obliged to inform the accommodation provider no later than 6:00 PM or at the agreed time of arrival if they will arrive late or if they intend to occupy the booked accommodation on a subsequent day for stays of several days.
b) If timely notification is not provided, the accommodation provider is entitled to allocate the accommodation to another guest. The agreed overnight rates will be charged for the period of non-occupancy from the booked arrival day.
5.3. The guest must vacate the accommodation at the agreed time, and without any special agreement, no later than 10:00 AM on the day of departure. For camping stays, the pitch must be vacated by 11:00 AM at the latest. If the accommodation is not vacated on time, the accommodation provider may demand payment for an additional night. The accommodation provider reserves the right to claim further damages. The guest is only entitled to use the facilities of the accommodation establishment after 10:00 AM on the day of departure if a separate agreement has been made in each individual case.
Cancellation and Non-Arrival
6.1. In the event of cancellation or non-arrival by the guest, the accommodation provider is entitled to payment of the agreed accommodation price, including the meal portion and fees for additional services. This does not apply if the accommodation provider has granted the guest a free right of cancellation in individual cases and the guest has notified the accommodation provider in a timely manner of the exercise of this free right of cancellation, which does not require any specific form.
6.2. Within the scope of its ordinary business operations and without obligation to make special efforts, taking into account the specific nature of the booked accommodation (e.g., non-smoking rooms, family rooms), the accommodation provider shall make reasonable efforts to find alternative use for the accommodation.
6.3. If it is possible for the accommodation provider to make alternative bookings for the period booked by the guest, the accommodation provider will credit the income from such alternative bookings against its claim under clause 6.1, to the extent that such alternative bookings are not possible, the accommodation provider will credit the saved expenses.
6.4. In accordance with the percentages recognized by case law for calculating saved expenses, the guest is obliged to pay the following amounts to the accommodation provider, taking into account any amounts to be credited under clause 6.3, each referring to the total price of the accommodation services or the booked camping services (including all additional costs), but excluding tourist taxes:
6.4.1. for bookings of holiday accommodations according to clause 2.1.c:
a. up to 57 days before arrival: 15% (minimum €50 per booking)
b. from the 56th day until the 43rd day before arrival: 30%
c. from the 42nd day until the 29th day before arrival: 60%
d. from the 28th day until the day before arrival: 80%
e. on the day of arrival and in case of non-arrival: 90%
6.4.2. for bookings of camping stays with a deposit according to clause 4.4.1:
a. up to 42 days before arrival: no cancellation fee applies
b. up to the day of arrival: 30% of the total price (minimum €50)
6.4.3. for bookings of camping stays with 100% advance payment minus an advance payment discount according to clause 4.4.2:
a. up to 42 days before arrival: no cancellation fee applies
b. from the 41st day and in case of non-arrival: 100% (no refund)
6.5. In certain cases, deviating from clause 6.4, a different cancellation fee may be applied if the customer has submitted their binding booking declaration with knowledge of these deviating conditions.
6.6. For camping stays, the booked period can be shortened if the departure is notified to the accommodation provider 3 days in advance. In this case:
For bookings according to clause 4.4.1, the services for all registered persons and the booked pitch category for the following 3 days must be paid, taking into account the deposit.
No refund will be made for bookings according to clause 4.4.2.
6.7. The guest expressly reserves the right to prove to the accommodation provider that the saved expenses are significantly higher than the deductions considered above, or that the accommodation services or other services have been used elsewhere. In the event of such proof, the guest is only obliged to pay the correspondingly reduced amount.
6.8. The guest is strongly recommended to take out travel cancellation insurance or other cancellation protection package.
6.9. Cancellations must be addressed directly to AZUR as the mediator of the accommodation services for all bookings, and should be made in written form in the guest's interest.
Obligations of the Guest; Termination by the Guest
7.1. The guest is obliged to comply with the house rules or campground rules that have been provided to them or for which reasonable means of becoming acquainted have been given.
7.2. The guest is obliged to immediately report any defects and disruptions to the accommodation provider and request remedy. If the guest negligently fails to report such defects, the guest's claims against the accommodation provider may be fully or partially forfeited.
7.3. The guest can only terminate the contract in case of significant defects or disruptions. Prior to termination, the guest must grant the accommodation provider a reasonable period of time for remedy within the framework of the defect notification unless remedy is impossible, refused by the accommodation provider, or immediate termination is justified by a special, objectively justified interest of the guest that is recognizable to the accommodation provider, or if continuing the stay would be objectively unreasonable for the guest due to such reasons.
7.4. The transportation and accommodation of pets in the accommodation is only permitted if expressly agreed upon and if the accommodation provider allows this possibility in the advertisement. In such cases, the guest is obliged to provide truthful information regarding the type and size of the pets. Violations may entitle the accommodation provider to terminate the guest accommodation contract without notice. For camping stays, pets are allowed. However, they must be registered upon arrival, and upon departure, the fees according to the current price list must be paid. For camping stays, pets are allowed. However, they must be registered upon arrival, and upon departure, the fees according to the current price list must be settled.
Limitation of Liability
8.1. The liability of the accommodation provider under the guest accommodation contract according to § 536a of the German Civil Code (BGB) for damages that do not result from the violation of life, body, or health is excluded unless it is based on intentional or grossly negligent breach of duty by the accommodation provider or one of its legal representatives or vicarious agents.
8.2. This provision does not affect the potential innkeeper's liability of the accommodation provider for items brought in according to §§ 701 ff. of the German Civil Code (BGB).
8.3. The accommodation provider is not liable for service disruptions related to services that are visibly provided as external services during the guest's stay (e.g., excursions, guided hikes, outdoor sports activities, sports and fitness programs, tickets, transportation services, sports events, theater visits, exhibitions, etc.). The same applies to external services that are already arranged by the accommodation provider together with the booking of the accommodation, provided that they are expressly designated as external services in the advertisement or booking confirmation.
Alternative Dispute Resolution; Choice of Law and Jurisdiction
9.1. AZUR and the accommodation provider inform the guest with regard to the Law on Alternative Dispute Resolution that neither AZUR nor the accommodation provider currently participate in voluntary consumer dispute resolution. If participation in a consumer dispute resolution institution becomes mandatory for AZUR or the accommodation provider after the printing of these mediation and guest accommodation terms, the guest will be informed about this in an appropriate manner. For all mediation and guest accommodation contracts concluded in electronic legal transactions, reference is made to the European Online Dispute Resolution platform http://ec.europa.eu/consumers/odr/.
9.2. The contractual relationship between the accommodation provider and the guest is governed exclusively by German law. The same applies to any other legal relationship.
9.3. The guest can only sue AZUR as the mediator or the accommodation provider at their respective place of business.
9.4. For claims brought by the accommodation provider against the guest, the guest's place of residence is decisive. For claims against guests who are merchants, legal entities under public or private law, or persons who have their domicile or habitual residence abroad at the time of the filing of the lawsuit, or whose domicile or habitual residence is unknown at that time, the place of jurisdiction shall be agreed as the registered office of Stuttgart.
9.5. The above provisions do not apply if and to the extent that mandatory provisions of the European Union or other international provisions applicable to the contract are mandatory and cannot be deviated from.
The mediator of the guest accommodation contracts is:
AZUR Freizeit GmbH
Telefon : +49 711 4093-510
vertreten durch Geschäftsführer: Oliver Frank
Registergericht : Stuttgart, HRB-Nummer : 720332
USt-IdNr : DE147833752