General terms and conditions of business

1. General

1.1. The following General Terms and Conditions (hereinafter referred to as T&Cs) apply to all legal transactions between Mag. (FH) Johannes Peter, as owner and operator of Seecamping Appesbach, Au 99, A-5360 St. Wolfgang im Salzkammergut, hereinafter referred to as the campsite operator, and the campsite operator's contractual partner in the context of using the campsite, hereinafter referred to as the guest.

1.2. The content of the contract or the General Terms and Conditions is that the campsite operator permits the guest to set up a tent and/or caravan, along with a motor vehicle or mobile home, on the campsite and to use the sanitary facilities and any other facilities available for shared use with other guests for a specific period of time against payment (camping contract).

1.3. A guest is defined as anyone who books a camping site for another person, anyone who books a camping site for themselves or for others, and all authorized users of a camping site based on bookings. By booking or requesting to reserve a camping site, the guest accepts the General Terms and Conditions as well as any additional provisions contained in the camping regulations and price list (see notice board or download option on the campsite operator's website) as binding.

1.4. The campsite operator's services are provided exclusively on the basis of these General Terms and Conditions in their current version. Any differing terms and conditions of guests will only be accepted if they have been expressly and bindingly agreed to in writing.

1.5. The campsite operator may change these Terms and Conditions at any time. Existing guests will be notified of such changes. Consent to the changes to the Terms and Conditions is deemed to have been given if the guest continues to contract with the campsite operator.

1.6. The contract language is German.

1.7. If these Terms and Conditions require written form, this will generally be met by email.

2. Booking process, offer, conclusion of contract

2.1. All information regarding services and prices as well as information provided during the booking process are non-binding.

2.2. A reservation/booking of a camping area and thus a conclusion of a contract is possible as follows:

2.2.1. A binding booking of a camping area is made via the campsite operator's website (by clicking on the "Order with payment" button) and a simultaneous down payment is made, thereby establishing the contractual relationship.

2.2.2. Booking requests can also be made via the campsite operator's website. Guests will then initially receive an acknowledgment of receipt. This acknowledgment of receipt does not constitute acceptance of the contract. It merely serves to inform the guest that the request has been received by the campsite operator. Guests are obligated to immediately report any obvious errors in the acknowledgment of receipt, as well as any discrepancies between the acknowledgment of receipt and the acknowledgment of receipt. Guests may then receive a non-binding offer containing details of the price and payment terms for the use of a campsite for a specific period. Guests can then send a corresponding offer to the campsite operator by email, which can subsequently be accepted by the campsite operator through a booking confirmation, possibly subject to the payment of a deposit.

2.2.3. Bookings can also be made directly via email, through external booking platforms, or directly at the campsite. In these cases, the contract is only concluded upon confirmation of acceptance by the campsite operator.

2.3. The guest is obligated to complete the required fields and information in the forms completely and truthfully. A booking is only possible if all mandatory fields in the forms are completed.

2.4. Unless otherwise stated, the guest concludes the contract in their own name, including with regard to their fellow travelers, and is therefore personally responsible for fulfilling their contractual obligations. Furthermore, joint and several liability applies for all obligations of the guest and their fellow travelers or those guests for whom they make the booking. If a third party makes the booking on behalf of the guest, they are jointly and severally liable to the campsite operator for all obligations arising from the contract. In case of doubt, the person placing the order is liable, even if they have placed the order or co-ordered for other named persons. Irrespective of this, each person placing the order is obligated to forward all booking-relevant information, in particular these General Terms and Conditions, to the guest. The persons authorized to use the camping area are guests within the meaning of the General Terms and Conditions.

2.5. By submitting a booking/enquiry, the guest confirms that he/she is older than 18 years or has a written consent from his/her legal representatives for the camping contract to be concluded, which must be given to the campsite operator.

2.6 The campsite operator reserves the right to refuse requests without giving reasons.

2.7. The campsite operator shall be responsible for selecting the camping area to be allocated to the guest.

3. Payments

3.1. The guest is obligated to pay the applicable or agreed prices of the campsite operator for the camping area/use of the campsite and any additional services used by the guest. This also applies to services and expenses incurred by third parties.

3.2. Only the payment methods offered within the scope of the order will be accepted.

3.3. Invoices from the campsite operator are due immediately upon arrival or at the latest upon receipt without deduction.

3.4. The campsite operator may change prices if the guest subsequently requests changes to the campsite operator's services or the length of stay of the guests and the campsite operator agrees to this.

3.5. The campsite operator is entitled to request an appropriate advance payment/deposit or security deposit upon conclusion of the contract or thereafter. These shall be considered partial payment of the agreed fee.

3.6. The guest is not entitled to offset any claims against the campsite operator against the camping fee. However, this prohibition of offsetting does not apply in the event of the campsite operator's insolvency or to counterclaims that are legally related to this contract and that have been legally established or expressly acknowledged by the campsite operator.

4. Start and end of campsite use; guest obligations

4.1. Unless the campsite operator offers a different check-in time, the guest has the right to begin using the campsite between 1:00 p.m. and 8:00 p.m. on the agreed day ("arrival day"). If the arrival time cannot be met by 8:00 p.m., the guest may arrive the following day from 8:00 a.m. to 10:00 a.m. by prior arrangement at no cost. Otherwise, the campsite operator reserves the right to allocate the agreed camping area/pitch to third parties. Departure must be by 12:00 p.m. on the agreed departure day. Subject to availability, a late check-out can be booked for an additional charge; a request must be made before 12:00 p.m. The campsite operator is entitled to charge additional fees if the campsite is not properly checked out (e.g., if the campsite is not properly vacated or the entry pass is not returned) on time.

4.2. Access to the campsite is permitted on the day of arrival after registration at reception. Guests will be given an access pass (used to open the barrier at the campsite entrance) for the duration of their stay. This permits entry between 7:00 a.m. and 11:00 p.m.

4.3. The guest and any persons assigned to them (including short-term visitors) undertake to present a valid identity card or passport, as well as other documents required by law or these Terms and Conditions (such as proof of vaccination, recovery, or testing), to the campsite operator upon arrival. Persons with contagious diseases will not be accepted as guests. By registering, the guest declares that they are free of such diseases. Unaccompanied minors under the age of 16 must present written consent from their legal guardian upon registration.

4.4. When using liquefied gas systems, the guest is obliged to maintain and inspect them properly and to present a valid inspection certificate to the campsite operator upon request.

4.5. In case of early departure or late arrival, the guest is not entitled to a refund.

4.6. Guests must observe quiet hours from 10:00 PM to 7:00 AM. Even outside of these quiet hours, guests are obligated to avoid disturbing noise, especially from radios, televisions, music systems, musical instruments, vehicles, etc. These must be used in a manner that does not disturb the neighbors.

4.7. The services provided in the camping contract may only be used by the agreed-upon persons. Short-term visitors (day visitors) or overnight guests are permitted only with the consent of the campsite operator and the agreed fee.

4.8. Guests are not permitted to leave any vehicles outside of their assigned camping area/pitch. Boats may only be moored to the shore with the prior consent of the campsite operator. Tent pegs, tent ropes, or other camping equipment must be secured and marked where necessary in such a way that they do not pose a hazard.

4.9. Cars and motorcycles must be parked on the camping area/pitch next to the tent or caravan in such a way that they do not obstruct traffic or neighboring pitches. Only one car is permitted per pitch. Additional parking spaces are available for additional vehicles in the designated parking spaces, but these are limited in number and are primarily reserved for day visitors and restaurant patrons; additional parking cannot be guaranteed. Vehicles must travel at walking speed on the campsite. Travel within the campsite is only permitted for arrival and departure. Guests are therefore not permitted to drive to the sanitary facilities.

4.10. Campfires and open fires are prohibited throughout the campsite. Barbecues using designated grills are permitted at the pitch or in designated areas. Unnecessary emissions (smoke, etc.) or damage to the surface of the pitch must be avoided. Embers and fires must be constantly monitored. In cases of increased risk of forest fires, the campsite operator may prohibit barbecues.

4.11. Handling mineral oils, lubricants, detergents, and cleaning agents, draining wastewater (separate facilities are provided for this), washing cars, and making changes to the campsite (changing the ground, cutting branches, digging holes, fencing, using chains as boundaries, expanding the area, planting, digging ditches, etc.) is prohibited. Table-bench combinations are permitted only as portable facilities. The installation of additional facilities such as structural fixtures, tool boxes, fences, barbecue areas, terraces, garden lights, or rose arches is only permitted with the written consent of the campsite operator. Cement may not be used for fastening purposes. A designated closed tank must be used to collect wastewater and regularly emptied into the chemical sink. Connecting a hose to the campsite's water points, for example, to wash cars or caravans, is not permitted. These are intended solely for drinking water.

4.12. Children under 6 years of age are only permitted to enter the facilities if accompanied by an adult.

4.13. Garbage must be separated and disposed of in the designated containers. Garbage bags must be tied and disposed of in knots to avoid contamination and unpleasant odors.

4.14 . Only caravans or motorhomes that can be towed by a car and have a body length of up to 7.50 m with a drawbar are permitted on the pitches, and the maximum width of the awning must not exceed 3.00 m. Caravans or motorhomes with larger designs than those described above are only permitted with the prior consent of the campsite operator. Caravans and motorhomes must be parked in such a way that any administrative regulations, such as those regarding distances to neighboring pitches, are observed. Building over caravans and tents, as well as carport-like coverings, is not permitted. Awnings must be arranged parallel to the longitudinal axis of the caravan and must not exceed the length and height of the caravan. Structures (such as tiny houses), wood, metal, or wall cladding are not permitted. Caravans that do not correspond to the state of the art in terms of appearance and technology must be replaced.

4.15. If guests use any electrical connection available on the pitch, they must ensure that the electrical lines and appliances are used and maintained properly. No devices that could cause problems with the maximum load may be connected to the electrical grid. The campsite operator reserves the right to prohibit the use of certain devices. Charging electric vehicles is not permitted at the electrical connection on the pitch.

 

5. Withdrawal – Cancellation fee

5.1. Cancellation of a booking by unilateral declaration by the guest is only possible upon payment of the following cancellation fees:

- up to 1 month before the agreed arrival date 40% of the agreed fee

- up to 1 week before the agreed arrival date 70% of the agreed fee

- in the last week before the agreed arrival date 90% of the agreed fee

- on the agreed arrival date 100% of the agreed fee

5.2 The campsite operator recommends taking out travel cancellation insurance.

6. Provision of an alternative camping area

6.1. The campsite operator may provide the guest with a camping area/pitch other than the one booked if this is reasonable for the guest, particularly if the deviation is minor and objectively justified.

6.2. An objective justification exists, for example, if the booked camping area has become unusable, guests extend their stay, there is overbooking or other important operational measures necessitate this step.

7. Liability

7.1. The guest is liable to the campsite operator for any damage caused by him or her or by any person attributable to him. This damage includes, in particular, any compensation the campsite operator may be required to provide to third parties. The guest shall indemnify and hold the campsite operator harmless against any damage caused by third parties.

7.2. The guest is obliged to return the agreed camping area/pitch to the campsite operator at the end of the stay in the same condition in which it was received.

7.3. If the guest is a business owner, the campsite operator's liability for slight or gross negligence is excluded. In this case, the guest bears the burden of proof of fault. Consequential or indirect damages, as well as lost profits, will not be compensated under any circumstances. In any case, the amount of compensation is limited to the amount of the legitimate interest.

7.4 If the guest is a consumer, the campsite operator's liability for slight negligence, with the exception of personal injury, is excluded.

7.5. The amount of any liability of the campsite operator is limited to the maximum amount of the liability insurance.

7.6. The campsite operator assumes no liability for theft or damage to guests' property, as well as injuries or accidents caused by third parties, force majeure, weather conditions, or wild animals. The campsite operator has no duty of supervision. In the event of loss or damage to vehicles, tents, or other movable property and their contents parked on the campsite, the campsite operator's or its vicarious agents' liability for slight negligence, with the exception of personal injury, is excluded if the guest is a consumer. If the guest is a business owner, liability for gross negligence is also excluded. Otherwise, the above provisions apply.

7.7. The campsite operator is not liable for damages caused by failures or disruptions to the water, sewer, or electricity supply, or due to noise pollution. The guest is responsible for the electrical connection from the electrical box and for the caravan's gas system.

8. Pets

8.1. Pets are permitted only with the prior consent of the campsite operator and upon payment of the applicable fee. Furthermore, the pet must not pose a danger or cause unacceptable disturbance.

8.2. Approved pets are not permitted in restrooms. Any contamination caused by an approved pet must be removed immediately by the guest.

8.3. The guest is obligated to properly care for and supervise this animal during their stay, or to have it cared for and supervised by a suitable third party at their own expense. Dogs must be kept on a leash. The guest must have appropriate animal liability insurance. Proof of such insurance must be provided upon request. The guest is liable to the campsite operator for any damage caused to the campsite operator by animals brought onto the campsite. This damage includes, in particular, any compensation the campsite operator is obligated to provide to third parties. The guest is obligated to indemnify and hold the campsite operator harmless from any damage caused by third parties.

9. Termination of the camping contract

9.1 If the camping contract was concluded for a specific period of time, it shall end upon expiration of the period.

9.2. If the guest departs early, the campsite operator is entitled to demand the full agreed fee. The campsite operator will deduct any savings or other proceeds received as a result of the non-use. Savings only exist if the campsite is fully booked at the time the guest does not use the booked campsite and this campsite can be made available to other guests due to the guest's cancellation. The burden of proof of savings rests with the guest.

9.3 The campsite operator is entitled to terminate the contract with immediate effect for good cause, in particular if the guest

- makes a significantly detrimental use of the camping area/pitch or the common areas

- through his reckless, offensive or otherwise grossly inappropriate behavior, makes the stay at the campsite unpleasant for other guests, the campsite operator or persons attributable to them, or commits a punishable act against the property, morality or physical safety of these persons

- is affected by a contagious disease or an illness that extends beyond the duration of the stay or otherwise requires care

- the submitted invoices are not paid when due

- in the event of breaches by the guest of the contractual provisions (including these General Terms and Conditions and the campsite regulations)

- accommodates additional persons without prior agreement; furthermore, the campsite operator is entitled to charge an appropriate surcharge for the overcrowding for the duration of the use in breach of contract.

In the event of termination for good cause, the campsite operator may assert claims for damages against the guest. The campsite operator's claim to payment for the agreed period remains unaffected.

9.4. If the fulfillment of the contract becomes impossible due to an event deemed to be force majeure (e.g., natural disasters, strikes, lockouts, official orders, etc.), the campsite operator may terminate the contract at any time without notice, unless the contract is already deemed terminated by law or the campsite operator is released from its obligations. Any claims for damages, etc., by the guest are excluded.

 

10. Place of performance, jurisdiction and choice of law

10.1. The place of performance is the location of the campsite.

10.2. This contract is governed by Austrian formal and substantive law, excluding the rules of international private law and the UN Convention on Contracts for the International Sale of Goods.

10.3. In bilateral business transactions, the exclusive place of jurisdiction shall be the registered office of the campsite, whereby the campsite operator is also entitled to assert its rights before any other local and subject-matter competent court.

10.4. If the contract was concluded with a guest who is a consumer and has his or her place of residence or habitual abode in Austria, legal proceedings against the consumer may only be brought at the consumer's place of residence, habitual abode or place of employment.

10.5. If the contract was concluded with a guest who is a consumer and has his or her place of residence in a member state of the European Union (with the exception of Austria), Iceland, Norway or Switzerland, the court with local and subject-matter jurisdiction for the consumer's place of residence shall have exclusive jurisdiction for any action against the consumer.

11. Miscellaneous

11.1. Should individual provisions of these Terms and Conditions be invalid or unenforceable, the validity of the remaining provisions shall remain unaffected. In this case, the invalid or unenforceable provisions shall be replaced by valid and enforceable provisions that most closely approximate the legal and economic purpose of the provisions to be replaced.

11.2. These Terms and Conditions are available on the campsite operator's website. This document can also be printed or saved. Guests can also archive the Terms and Conditions and the order details by downloading the Terms and Conditions and saving the data summarized on the last page of the order process using the browser's functions.

12. Complaints/Dispute Resolution

The campsite operator is available for complaints (email: camping@appesbach.at ). The campsite operator does not participate in a system for alternative dispute resolution. The European Union has established an online platform ("ODR platform") for the out-of-court settlement of consumer disputes. The platform can be found at: http://ec.europa.eu/odr. The campsite operator is neither obligated nor willing to participate in dispute resolution proceedings before a consumer arbitration board.