General Terms and Conditions of Pension Norddeich, Golfstraße 1, 26506 Norden and Ferienwohnungen Strandglück, Strandwinkel 4, 26506 Norden.
These General Terms and Conditions apply to all contracts for the rental of apartments or rooms (unit) for accommodation concluded between Pension Norddeich or Ferienwohnungen Strandglück and a Guest (together "Parties"), as well as to all other services provided by Pension Norddeich or Ferienwohnungen Strandglück, unless the Parties have reached an individual agreement.
The general terms and conditions of the Guest shall not be recognized and shall only apply if this has been expressly agreed between the Parties in advance.
1 Conclusion of contract
Contractual partners are Pension Norddeich or Ferienwohnungen Strandglück and a guest. The accommodation contract comes into force with the acceptance of the guest's application by Pension Norddeich or Ferienwohnungen Strandglück. Pension Norddeich or Ferienwohnungen Strandglück can confirm the respective booking in text form.
If a third party has booked on behalf of the guest, the guest is liable together with the guest as joint and several debtor for all obligations arising from the accommodation contract, provided that Pension Norddeich or Ferienwohnungen Strandglück has a corresponding declaration from the third party. These terms and conditions also apply to third parties.
When making a reservation, the guest offers to conclude an accommodation contract. If the booked unit is available, the guest will receive a booking confirmation from Pension Norddeich or Ferienwohnungen Strandglück. Through this acceptance of the reservation by the guest, an accommodation contract is concluded between Pension Norddeich or Ferienwohnungen Strandglück and the guest. However, the guest does not lay claim to the provision of certain units, unless this has been expressly agreed in writing in the accommodation contract.
Offers made by Pension Norddeich or Ferienwohnungen Strandglück regarding available units are subject to change and non-binding. Pension Norddeich as well as Ferienwohnungen Strandglück may refuse to conclude an accommodation contract at their own discretion.
There is no right to use the accommodation service in a particular unit. Pension Norddeich and Ferienwohnungen Strandglück reserve the right to set industry standard restrictions such as minimum stays, booking guarantees or deposits for specific dates.
3 Cancellation conditions
A confirmed reservation can be cancelled by the guest according to the stated cancellation conditions and by stating the reservation number.
In case of a cancellation of the accommodation contract, Pension Norddeich as well as Ferienwohnungen Strandglück reserve the right to the agreed remuneration - despite the non-utilization of the service - minus the saved expenses. The same applies in the event that the guest does not arrive or if the guest leaves earlier than agreed. In the case of reservations lasting several days, all subsequent nights, including the second night, will be cancelled in the event of no-show and the guest has no claim to the following nights.
4 Accommodation and other prices
The prices quoted by Pension Norddeich and/or Ferienwohnungen Strandglück at the time of the conclusion of the contract shall apply. The applicable prices are gross total prices and include all statutory taxes, fees. Not included and charged separately are local fees owed by the guest himself according to the respective local law, such as visitor's tax.
Pension Norddeich and Ferienwohnungen Strandglück reserve the right to adjust the prices accordingly in case of changes in taxes, fees and charges as well as the effective levying of new taxes, fees and charges that were previously unknown to the parties. In the case of contracts with consumers, this only applies if the period between the conclusion of the contract (booking confirmation) and the contract adjustment is four months.
5 Terms of payment
The price for the entire booked accommodation service must be paid according to the booked room rate.
Offsetting by the guest is excluded, unless the offsetting concerns an undisputed or legally established claim.
Valid means of payment are MasterCard, Visa, EC-Cash. In addition, you can pay by bank transfer and / or cash payments.
Pension Norddeich and/or Ferienwohnungen Strandglück reserve the right to debit the deposited means of payment with the outstanding amounts for any charges that may arise later due to additional services or violations of the General Terms and Conditions, in particular of the incurred contractual penalties, arise.
Invoices of Pension Norddeich and/or Ferienwohnungen Strandglück without due date are payable immediately upon receipt of the invoice without deduction.
Pension Norddeich and/or Ferienwohnungen Strandglück are entitled at any time to notify due claims and to demand immediate payment. In case of delayed payment, Pension Norddeich and/or Ferienwohnungen Strandglück are entitled to charge the respectively applicable statutory default interest.
6 Use of booked units
A booked unit in the Pension Norddeich is at your disposal from 15:00 on the day of arrival and until 11:00 on the day of departure. A booked unit in the apartments Strandglück is available on the day of arrival from 15:00 and on the day of departure until 10:00. The guest has no right to earlier or later availability in the aforementioned sense.
Key cards are to be handed over to Pension Norddeich and/or Ferienwohnungen Strandglück or a third party designated by the accommodation facility on the agreed departure date or, if agreed, left in the unit. If a supplied key or key card is lost or not handed over on departure, a fee of 20.00 EUR will be charged.
Upon request and depending on availability, a late check-out can be arranged in advance with Pension Norddeich and/or Ferienwohnungen Strandglück. If Pension Norddeich and/or Ferienwohnungen Strandglück agrees to a late check-out, Pension Norddeich and/or Ferienwohnungen Strandglück is entitled to charge 10.00 EUR per hour or part thereof for the additional use of the unit. For departures after 14:00 the full daily rate of the unit will be charged. There is no contractual right to a late check-out.
If a guest does not make the booked unit available until 11:00 a.m. at Pension Norddeich or 10:00 a.m. at Ferienwohnungen Strandglück without prior arrangement, Pension Norddeich and/or Ferienwohnungen Strandglück may charge 50% of the full daily rate (list price) for the use of the unit beyond the time of the contract until 2:00 p.m., and 100% thereafter.
Upon request and depending on availability, an earlier arrival (early check-in) can be agreed upon in advance with Pension Norddeich and/or Ferienwohnungen Strandglück. If Pension Norddeich and/or Ferienwohnungen Strandglück agree to an early check-in, there is no contractual claim for early check-in.
7 Resale / Subletting / Commercial Use
The resale/subletting and/or further brokerage of booked units is prohibited. Corresponding bookings will be cancelled at the expense of the guest by Pension Norddeich and/or Ferienwohnungen Strandglück according to the valid cancellation conditions.
The subletting of the provided unit is not allowed.
The use of the units for other purposes than the accommodation purpose, especially the commercial use by the guest, is prohibited.
8 Liability of the Pension Norddeich and the apartments Strandglück
The pension is liable for the diligence of a prudent businessman. However, this liability is limited in the area not typical for services to deficiencies in services, damages, consequential damages or disruptions that can be attributed to intent or gross negligence of the pension.
In the event of disruptions or defects in the services of the guesthouse, the guesthouse will endeavor to remedy the situation upon knowledge of the same or upon immediate complaint by the customer. The customer is obligated to contribute what he can reasonably be expected to do in order to remedy the disturbance and keep any possible damage to a minimum.
The guesthouse shall be liable to the customer for items brought into the guesthouse in accordance with the statutory provisions, i.e. up to one hundred times the room price, up to a maximum of € 1,000. The liability claims expire if the customer does not notify the guesthouse immediately after becoming aware of loss, destruction or damage (§703 BGB).
The unlimited liability of the guesthouse is subject to the statutory provisions.
Insofar as the customer is provided with a parking space in the garage or carport or in a parking lot, even for a fee, this does not constitute a safekeeping contract. The guesthouse shall not be liable for loss of or damage to motor vehicles parked or maneuvered on the guesthouse property and their contents, except in cases of intent or gross negligence. This also applies to vicarious agents of the guesthouse.
Claims for damages, except for gross negligence or intent, are excluded.
Messages, mail and merchandise shipments for the guests are handled with care. The guesthouse takes over the delivery, storage and - on request - the forwarding of the same against payment. Claims for damages, except for gross negligence or intent, are excluded.
9 Guest data
In order to ensure communication with the guest, Pension Norddeich and/or Ferienwohnungen Strandglück requires that the e-mail address and telephone number are provided. In order to verify the identity of the guest, Pension Norddeich and/or Ferienwohnungen Strandglück is entitled to request the following valid identification (for domestic guests an identity card or passport, for foreign guests the passport) and valid credit card details at check-in.
If the identity of a guest cannot be clarified due to missing or false documents, Pension Norddeich and/or Ferienwohnungen Strandglück is entitled to cancel the booking.
10 Termination of the accommodation contract
Pension Norddeich and/or Ferienwohnungen Strandglück are entitled to terminate the accommodation contract for good cause. Good cause shall be deemed to exist in particular if force majeure or other circumstances beyond the control of Pension Norddeich and/or Ferienwohnungen Strandglück make it impossible to fulfill the accommodation contract. In case of this justified cancellation of the accommodation, the guest has no right to compensation.
Corresponding bookings that serve the resale / subletting or commercial use or if units are booked under misleading or false information or concealment of material facts, will be terminated at the expense of the guest by Pension Norddeich and / or Ferienwohnungen Strandglück. The costs will be charged to the guest according to the cancellation conditions. Further claims for damages are not excluded from this.
The Pension Norddeich and/or the Holiday Apartments Strandglück have to inform the guest immediately about the exercise of the right of cancellation.
If Pension Norddeich and/or Ferienwohnungen Strandglück terminates the accommodation contract for a reason as mentioned above, Pension Norddeich and/or Ferienwohnungen Strandglück are also entitled to refuse future bookings of the guest even if they have already been confirmed.
11 Smoking in the pension and general areas prohibited.
The units of Pension Norddeich as well as in the apartments Strandglück are non-smoking units, smoking is allowed in the designated areas (balconies).
Violation of the current smoking ban in the units is a breach of contract and will be charged with a penalty of 100,00 €. Pension Norddeich as well as Ferienwohnungen Strandglück reserve the right to charge any fees as for special cleaning.
12 No parties in the units
Parties are prohibited in the units of Pension Norddeich and Ferienwohnungen Strandglück. Any violation of this rule is a breach of contract and will be punished by the accommodation with a contractual penalty of 150,00 €. We expressly reserve the right to claim further damages, e.g. increased cleaning costs or loss of revenue from a rental of the unit which is not possible as a result.
13 Damage or theft
In the event of damage exceeding normal use or theft, the accommodation is entitled to charge the guest for the damage as well as for the separate expenses incurred to remedy the damage, including any loss of revenue resulting from not being able to rent the unit. Even slight negligence justifies the customer's liability for damages.
The same applies to damages of third parties, as far as they are on the premises of the Pension Norddeich and/or the apartments Strandglück at the instigation of the customer.
Deliberate damage to furniture or the unit itself will additionally be charged to the guest with a contractual penalty of 150,00 € per damage case.
Damage to inventory or in the general unit must be reported immediately to the accommodation.
It is allowed to bring a pet, per pet per night will be charged according to the booking conditions. However, exceptions are guide dogs, deaf dogs and similar service dogs. These can be brought free of charge and at any time upon proof. The guests have to take care that no damage caused by the pet is caused when bringing a pet.
The liability is the same as in section 13.
The guest agrees to treat the provided unit, furnishings, and rooms, equipment and facilities intended for common use with care and to provide proper ventilation and heating.
The guest also undertakes to check the furnishings for completeness and fitness for use when moving into the unit and to inform Pension Norddeich and/or Ferienwohnungen Strandglück immediately of any complaints.
The units of Pension Norddeich are cleaned regularly by the accommodation. The guest grants the staff access to the unit for this purpose.
16 Internet use
The accommodation provides the guest with internet access within the existing technical and operational possibilities. Disruptions, e.g. due to force majeure, maintenance measures or similar, cannot be excluded.
The guest may not misuse the internet connection. Misuse exists in particular in the following cases: Downloading and distribution of copyright-protected content via peer-to-peer sharing platforms, illegal streaming offers, as well as posting, retrieving or transmitting criminally relevant content (in particular pp. 130, 130a, 131 and 184 StGB). The guest is obligated to respect the copyrights, patent rights, name rights, trademark rights and personal rights of third parties in the use. The guest indemnifies the accommodation on first demand from all claims and claims for damages of third parties as well as from the costs of legal defense in an appropriate amount, which were caused by the illegal use of the internet connection provided by the guest or by third parties with the knowledge of the guest. This claim for damages includes in particular claims arising from the infringement of copyrights, patent rights, rights to a name, trademark rights and personal rights as well as infringements of data protection.
The guest is prohibited from disclosing the login data for the Internet connection to third parties. In case of violation, the guest is liable to the accommodation for all damages caused by the disclosure of the login data.
The accommodation also reserves the right to block the guest's internet connection in case of legal violations.
18 Data protection
will be updated
19 Final provisions
Changes and additions as well as the termination of the accommodation contract, the acceptance of the application or these General Terms and Conditions must be made in writing. This also applies to the cancellation of this form clause. Unilateral changes or additions by the guest are invalid.
Place of employment and place of payment is the registered office of the respective accommodation facility.
Exclusive place of jurisdiction for commercial transactions is Norden. If a contractual partner fulfills the requirements of Art. 38 Para. 2 ZPO (German Code of Civil Procedure) and has no general place of jurisdiction in Germany, the place of jurisdiction shall be Norden.
German law shall apply. The application of the UN Convention on Contracts for the International Sale of Goods and the conflict of laws is excluded.
Should individual provisions of these General Terms and Conditions be or become invalid or void, the validity of the remaining provisions shall not be affected. In all other respects, the statutory provisions shall apply.
The accommodation company is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.
Updated May 2021
Pension Norddeich & Holiday apartments Strandglück
Golfstraße 1 & Strandwinkel 4
26506 Norddeich in Norden