General terms and conditionsof Klausenhorn campsite
1. Scope
These general terms and conditions govern the rights and duties between the guest and Marketing und Tourismus Konstanz GmbH (‘the Campsite’) as the legal entity operating the Klausenhorn campsite in Constance-Dingelsdorf.
2. Formation of contract (booking)
2.1 Formation of contract in the case of online bookings
The booking constitutes a binding offer from the guest to the Campsite to enter into a camping contract. The camping contract becomes effective upon written confirmation of the booking by the Campsite for the specified period and number of people.
2.2 Formation of contract in the case of enquiries by telephone or in person (excluding unscheduled on-the-day arrivals)
Booking enquiries made by guests over the phone or in person at the Campsite constitute a non-binding enquiry from the guest to the Campsite about the conclusion of a camping contract. Any booking confirmation sent by the Campsite in response to an enquiry constitutes a binding offer from the Campsite to the guest to enter into a camping contract. The camping contract becomes effective when the guest makes the requested advance payment. If the Campsite responds to a telephone enquiry or personal enquiry by sending a preliminary booking confirmation that is explicitly marked as preliminary, this confirmation is non-binding for both the guest and the Campsite. If the Campsite subsequently sends the guest a booking confirmation that is not explicitly marked as preliminary, this confirmation constitutes a binding offer from the Campsite to the guest to enter into a camping contract. The camping contract becomes effective when the guest makes an advance payment.
2.3 Formation of contract in the case of unscheduled on-the-day arrivals
The camping contract becomes effective when the guest pays the rental price.
2.4 Text of the contract
The text of the contract (comprising the general terms and conditions and the booking confirmation) will be sent to the guest by the Campsite by way of a durable medium (email or post) no later than when the contract comes into effect in accordance with the applicable provisions under clauses 2.1 to 2.3. The text of the contract is stored in accordance with applicable data protection provisions.
3. Special rules for pitches, rental caravans and other rental accommodation
3.1 Pitch requests
Requests for specific pitches will be complied with where possible, but guests are not entitled to any specific pitch, rental caravan or other rental accommodation. The Campsite reserves the right to allocate guests a different pitch, rental caravan of other rental accommodation of the same category (e.g. ‘Standard’ or ‘Comfort’ pitches, etc.). This also applies to cases where the guest clicked on a specific pitch, rental caravan or other rental accommodation as part of the online booking process.
3.2 Motorhomes and other motorised vehicles
Motorhomes and other motorised vehicles are permitted on pitch numbers 131 to 242 only.
Motorhomes and other motorised vehicles are not permitted on any other pitches due to conservation regulations.
3.3 Surcharge for short stays in rental caravans
Where a rental caravan is booked for a period of less than five nights (a ‘short stay’), the Campsite is entitled to charge the guest a surcharge of €50.00 including VAT.
3.4 Deposit for rental caravans and other rental accommodation
The Campsite has the right to request payment of a security deposit of €100 from the guest upon arrival before the guest moves into the rental caravan or other rental accommodation (collectively ‘rental units’). The Campsite refunds the security deposit to the guest upon return of the rental unit by the guest in an orderly state. If the guest does not return the rental unit in an orderly state, the Campsite is entitled to keep the security deposit. The right of the Campsite to assert further claims remains unaffected.
4. Advance payments
The guest is obliged to make an advance payment. The amount payable in advance depends on the (total) rental price for the number of persons, pets and vehicles specified on the booking confirmation and the duration of the stay that has been booked:
- (Total) rental price of up to €99 including VAT: €50 payable in advance
- (Total) rental price of up to €399 including VAT: €100 payable in advance
- (Total) rental price of €400 or more including VAT: €200 payable in advance
The advance payment must be made within seven calendar days of receipt of the booking confirmation and the invoice and can be made by SEPA transfer, PayPal, bank transfer or credit card using the payee account details specified on the booking confirmation. The guest is responsible for bank charges that can be proven to have been incurred on payments from abroad. In the event that the guest fails to meet this payment obligation in due time, the Campsite has the right to withdraw from the camping contract, provided the Campsite has granted the guest a reasonable period of time to make the advance payment and this period has elapsed without payment being made.
5. Cancellation
The guest has the right to cancel the camping contract free of charge up to 21 calendar days before the scheduled date of arrival (the arrival date counts towards these 21 days). In this case, any advance payment already made by the guest will be refunded in full by the Campsite. If the booking is cancelled within the 20 calendar days immediately preceding and including the contractually agreed arrival date, the Campsite is entitled to keep the advance payment in full. These cancellation terms also apply in the event that the guest has not explicitly cancelled the camping contract but fails to arrive and take up the accommodation. The guest is expressly entitled to present evidence to the Campsite to prove that the Campsite has not suffered any loss as a result of the cancellation (e.g. because the Campsite was able to relet the booked accommodation) or that the loss incurred was significantly lower than the advance payment retained by the Campsite. If such evidence is provided, the guest is only required to pay the lesser amount.
6. Arrival and departure
On the agreed day of arrival, guests may check in between 3pm and 7pm. If arrival is delayed, reception must be advised by telephone. The pitch or rental unit will be reserved until 10am the following day if an advance payment has been made. After this time, the Campsite has the right to withdraw from the camping contract and to relet the pitch or rental unit. On the agreed day of departure, guests are required to check out by 11am unless a different time has been individually agreed. If the guest arrives after the agreed arrival date or departs before the agreed departure date, the Campsite has the right to charge the guest the full rental price for the pitch or rental unit. The guest is expressly entitled to present evidence to the Campsite to prove that the Campsite has not suffered any loss as a result of the late arrival or early departure (e.g. because the Campsite was able to relet the booked accommodation) or that the loss incurred was significantly lower than the agreed rental price. If such evidence is provided, the guest is only required to pay the lesser amount.
7. Young guests
Young people under the age of 16 must be accompanied by a parent or guardian. Young people aged 16 or 17 not accompanied by a parent or guardian can only be accepted upon presentation of a written statement of consent from their parent or guardian. A form for this is available on request or can be downloaded from the website.
8. Groups
Limited numbers of group bookings, such as supervised school or club outings, are accepted by prior arrangement only. An authorised, responsible person representing the group must be available on site as a point of contact for the Campsite.
9. Rental price, tourist tax
9.1 Rental price
The prices to be paid by the guest are based exclusively on the price lists of the Campsite as at the date on which the camping contract is formed. This also applies to special offers and discounts. The rental price is based on the number of persons, pets and vehicles specified in the booking confirmation. Any additional persons, pets or vehicles not listed in the booking confirmation must be reported to reception immediately and the fees as set out in the applicable price list must be paid. The guest who entered into the camping contract with the Campsite is liable for the payment of such fees. The rental price covers the use of the sanitary facilities and charges for normal household waste.
9.2 Tourist tax
Constance town council requires the Campsite to charge tourist tax in accordance with the applicable tourist tax regulations. The amount charged as tourist tax is indicated separately on the invoice.
9.3 Payment
The rental price, the tourist tax and any security deposit for rental units (see clause 3.4) must be paid upon arrival at the latest. Any advance payments made will be offset against the rental price. Payments may be made in cash or by EC card.
10. Duty to report defects
The guest is obliged to report any defects in the pitch or rental unit to the Campsite without undue delay if the defect becomes apparent during the rental period or if action is required to protect the rental unit against unforeseen risks.
11. Further obligations of the guest
11.1 Duty of care
The guest is obliged to treat the pitch, the inventory, and all facilities and rental units with care.
11.2 Campsite regulations
The Campsite regulations, which are displayed and can be handed out on request, form part of the camping contract with, and are binding on, all guests.
11.3 Visitors
The guest is obliged to notify reception of any visitors before they enter the Campsite. He/she must ensure that the charges based on the applicable price list are paid at reception before departure.
12. Termination
12.1 Termination due to force majeure
The Campsite has the right to terminate the camping contract if it is unable to fulfil its contractual obligations – in particular the provision of the pitch, rental caravan or other rental accommodation – as a result of force majeure (e.g. strike, severe weather, unrest, orders of public authorities). In this case, any payments already made by the guest will be reimbursed. If force majeure occurs during the guest’s stay at the Campsite, a pro rata refund will be issued. The guest will not be charged any cancellation fee or similar. Further claims for damages against the Campsite are excluded. The Campsite is obliged to notify the guest of any force majeure occurrence without undue delay.
12.2 Termination without notice
The Campsite has the right to terminate the camping contract without notice for good cause if, after the expiry of a remedial period or despite the issue of a warning, the guest continues, for example, to
(i) behave in a way that constitutes a culpable and sustained violation of the Campsite regulations, (ii) endanger others, (iii) cause sustained disturbance, (iv) use the pitch or rental unit in a way that breaches the provisions of the camping contract, or (v) act in any other way that constitutes a material breach of contract, e.g. by providing false personal information or failing to report additional persons or pets. No remedial period and/or warning is required if special circumstances apply that, with due regard to the interests of both parties, justify a termination with immediate effect. An oral request by the Campsite management for the guest to leave the site is sufficient to terminate the camping contract without notice. In this case, the guest is not entitled to a refund of the rental price. The guest is expressly entitled to present evidence to the Campsite to prove that the Campsite has not suffered any loss as a result of the termination without notice provoked by the guest (e.g. because the Campsite was able to relet the booked accommodation) or that the loss incurred was significantly lower than the rental price. If such evidence is provided, the guest is only required to pay the lesser amount.
13. Liability
13.1 The Campsite’s contractual liability is limited to losses resulting from a breach of warranty or from death or personal injury, and damage caused wilfully or through grossly negligent behaviour by the Campsite, persons employed by the Campsite to assist it in the performance of its obligations, or its legal representatives. The Campsite is liable for ordinary negligence only in the case of a breach of essential contractual obligations which arise from the nature of the agreement and are material to the fulfilment of its purpose. If such a breach of obligation occurs or if the performance of contractual obligations is delayed or becomes impossible, the Campsite’s liability is limited to such loss or damage as must typically be expected in the context of this type of agreement.
13.2 Where the liability of the Campsite is excluded or limited, the same exclusion or limitation applies for the personal liability of all employees and representatives of the Campsite and other persons employed by the Campsite to assist it in the performance of its obligations.
14. Dispute resolution
The Campsite is neither willing nor obliged to participate in a dispute resolution procedure before a consumer dispute resolution body.
Last revised in 2021
Klausenhorn Campsite
Legal entity: Marketing und Tourismus Konstanz GmbH
Represented by the managing director
Hornwiesenstrasse 40/42
Tel: +49 (0)7533 6372
