General Terms and Conditions of the Hofgut Stammen:

​

I. Scope

​

1. These terms and conditions apply to the rental of overnight accommodation for accommodation and all other services and deliveries provided to the customer by the Stamm estate.

2. The subletting or re-letting of the overnight accommodation provided and their use for purposes other than accommodation require the prior written consent of the Hofgut, whereby § 540 paragraph 1 sentence 2 BGB is waived if the customer is not a consumer.

3. The customer's general terms and conditions only apply if this has been expressly agreed in writing beforehand.

​

​

II. Conclusion of contract, partners, statute of limitations

​

1. The contract is concluded when Hofgut Stammen accepts the customer's application. The Hofgut is free to confirm the booking in text form.

2. The contractual partners are Hofgut Stammen and the customer. If a third party has ordered for the customer, they are liable to the Hofgut together with the customer as joint debtor for all obligations arising from the hotel accommodation contract, provided Hofgut Stammen has received a corresponding declaration from the third party.

3. All claims against the Hofgut become time-barred one year after the start of the statutory limitation period. Claims for damages become statute-barred after five years, regardless of knowledge. The shortening of the limitation period does not apply to claims based on an intentional or grossly negligent breach of duty by Hofgut Stammen.

​

​

III. Services, prices, payment, offsetting

​

1. The Hofgut is obliged to keep the overnight accommodation booked by the customer available and to provide the agreed services. Which services are contractually agreed results from the advertisement in the prospectus and from the information in the reservation confirmation, which refers to it.

   When renting a boat, the renter will be provided with sufficient suitable life-saving equipment. When renting a bicycle, the renter is also provided with sufficient bicycle helmets. All other services are to be contractually regulated in writing, otherwise they are not agreed and are not part of the rental contract.

2. The customer is obliged to pay the agreed or applicable prices of Hofgut Stammen for the provision of overnight accommodation and the other services used by him. This also applies to services and expenses of the farm to third parties arranged by the customer. The agreed prices include the respective statutory VAT.

3. Hofgut Stammen can make its consent to a subsequent reduction in the number of booked overnight accommodations, the service provided by the Hofgut or the length of the customer’s stay dependent on the price for the overnight accommodation and/or other services provided by the Hofgut increasing.

4. Invoices from Hofgut Stammen without a due date are payable within ten days of receipt of the invoice without deduction. The Hofgut can demand the immediate payment of due claims from the customer at any time. In the event of a delay in payment, the Hofgut is entitled to demand the applicable statutory default interest of currently 8% or, in the case of legal transactions involving a consumer, 5% above the base interest rate. Hofgut Stammen reserves the right to prove greater damage.

5. Hofgut Stammen is entitled to demand a reasonable advance payment or security in the form of a credit card guarantee, a down payment or similar from the customer upon conclusion of the contract. The amount of the advance payment and the payment dates can be agreed in writing in the contract. In the case of advance payments or security deposits for package tours, the statutory provisions remain unaffected. If a credit card is given as a guarantee, the Hofgut only checks that the costs are covered. The hotel will not charge you in advance. Cash payment on site is then also possible.

6. In justified cases, for example if the customer is in arrears with payment, Hofgut Stammen is entitled to make an advance payment or security deposit within the meaning of No. 5 above or an increase in the advance payment or security deposit agreed in the contract up to the full agreed remuneration, even after conclusion of the contract up to the start of the stay to demand.

7. The Hofgut is also entitled to demand a reasonable advance payment or security deposit within the meaning of No. 5 above for existing and future claims arising from the contract at the beginning and during the stay, insofar as such has not already been provided in accordance with No. 5 and/or 6 above became.

8. The customer can only offset or reduce or exercise a right of retention with an undisputed or legally binding claim against a claim of the Hofgut Stammen.

9. If the period between the conclusion of the contract and the provision of services exceeds four months, Hofgut Stammen reserves the right to make price changes without prior notice.

10. If the rate of statutory VAT changes after the conclusion of the contract, the agreed price changes accordingly.

11. In the case of bank transfers, the customer must provide the reservation number and name (identical to the name on the reservation confirmation). Incoming payments can only be taken into account by Hofgut Stammen if they are received at least 14 days before arrival. A confirmation of receipt of the payment is not sent to the customer by the Hofgut, which is why the customer should keep the deposit receipts from the bank as confirmation.

12. For short-term reservations (this includes all reservations 1 to 14 days before arrival), payment by bank transfer is no longer possible.

​

​

IV. Withdrawal by the customer/non-use of the Hofgut's services

​

1. A cancellation by the customer of the contract concluded with Hofgut Stammen requires the written consent of the hotel. If this does not take place, the agreed price from the contract must be paid even if the customer does not make use of the contractual services. This does not apply in the event of a breach of the Hofgut's obligation to take into account the rights, objects of legal protection and interests of the customer, if this means that adherence to the contract can no longer be reasonably expected of the customer, or if another statutory or contractual right of withdrawal applies.

2. If Hofgut Stammen and the customer agreed in writing on a date for free withdrawal from the contract, the customer can withdraw from the contract up to that point without triggering claims for payment or damages on the part of the Hofgut. The customer's right of withdrawal expires if he does not exercise his right of withdrawal in writing to Hofgut Stammen by the agreed date, unless the customer withdraws in accordance with Section IV. No. 1 Clause 3.

3. In the case of overnight accommodations not used by the customer, Hofgut Stammen must offset the income from renting these overnight accommodations to other parties as well as the expenses saved. If the overnight accommodations are not rented out to someone else, Hofgut Stammen can demand the contractually agreed remuneration and make a flat-rate deduction for expenses saved. In this case, the customer is obliged to pay at least 80% of the contractually agreed price for overnight stays with or without breakfast, 70% for half-board and 60% for full-board arrangements. For services without an overnight stay, 50% of the contractually agreed price is due. The customer is free to prove that the aforementioned claim did not arise or did not arise in the required amount.

​

​

V. Resignation of the Stammen estate

​

1. If it has been agreed in writing that the customer can withdraw from the contract free of charge within a certain period of time, Hofgut Stammen is entitled to withdraw from the contract during this period if there are inquiries from other customers about the contractually booked accommodation or other services and the customer responds to an inquiry of the farm has not waived its right to withdraw.

2. If an agreed or above pursuant to Section III. No. 5 and/or 6 requested advance payment or security is not made even after a reasonable period of grace set by Hofgut Stammen has expired, Hofgut Stammen is also entitled to withdraw from the contract.

3. Furthermore, Hofgut Stammen is entitled to extraordinarily withdraw from the contract for an objectively justifiable reason, for example if force majeure or other circumstances for which Hofgut Stammen is not responsible make it impossible to fulfill the contract;

•  rooms are booked with misleading or false information about material facts, such as the identity of the customer or the purpose of his stay;

• Hofgut Stammen has justified reason to assume that the use of the hotel services can endanger the smooth running of business, the security or the reputation of Hofgut Stammen in public, without this being attributable to the sphere of control or organization of the Hofgut;

•   a violation of the above number I No. 2 has occurred.

• 4. If Hofgut Stammen withdraws with justification, the customer is not entitled to compensation.

 

 

VI. Provision, delivery and return of rental items

​

1. Booked overnight accommodations are available to the customer from 3.30 p.m. on the agreed day of arrival. The customer has no right to earlier availability.

2. On the agreed day of departure, the overnight accommodation must be vacated and made available to Hofgut Stammen by 11:00 a.m. at the latest. After that, the Hofgut can charge 50% of the full accommodation price (list price) due to the delayed clearing of the overnight accommodation for its contractual use up to 6 p.m., from 6 p.m. 100%. This does not justify contractual claims by the customer. He is free to prove that Hofgut Stammen has no or a significantly lower claim for usage fees.

3. For other rental items, a period from 9:00 a.m. to 7:00 p.m. per agreed day applies as daily rental. After that, the Hofgut can charge the costs for each started hour according to the respective hourly rental prices due to the late return of the rental object for its contractual use. This does not justify contractual claims by the customer. Hofgut Stammen must be informed of an extension of the agreed rental period in good time before the end of the agreed rental period and approved by Hofgut. There is no entitlement to an extension of the rental period.

​

​

VII. Liability of Hofgut Stammen

​

1. The Hofgut is liable with the diligence of a prudent businessman for its obligations under the contract. Rental items are handed over in a technically perfect and clean condition. Customer claims for compensation are excluded. Excluded from this are damages resulting from injury to life, limb or health if Hofgut Stammen is responsible for the breach of duty, other damages that are based on an intentional or grossly negligent breach of duty by Hofgut Stammen and damages that are based on intentional or negligent Violation of typical contractual obligations of the farmstead. A breach of duty by Hofgut Stammen is equivalent to that of a legal representative or vicarious agent. Should disruptions or defects in the services of the Hofgut occur, the Hofgut Stammen will endeavor to remedy the situation if it becomes aware of it or if the customer complains immediately. The customer is obliged to do what is reasonable for him to remedy the disruption and to minimize possible damage

keep. The customer must check leisure facilities, equipment and vehicles before using them.

1. The customer is liable for items brought in according to the statutory provisions of the German Civil Code. The liability of the Hofgut Stammen is excluded if the accommodation or the containers in which the guest leaves objects remain unlocked. Customers are asked to hand over valuables to reception; Money is to be deposited openly against receipt.

2. If the customer is provided with a parking space on the property of the Hofgut Stammen, even for a fee, this does not result in a custody agreement. Hofgut Stammen is not liable for loss or damage to motor vehicles parked or maneuvered on the property and their contents, except in the case of intent or gross negligence. No. 1 sentences 2 to 4 above apply accordingly.

3. Insofar as Hofgut Stammen procures external services, technical or other equipment from third parties for the customer, it acts in the name and for the account of the customer. The latter is liable for the careful treatment and proper return of the facilities and releases Hofgut Stammen from all third-party claims arising from the provision of the respective facilities.

VIII. Customer Liability

1. The rented or provided items are to be returned by the customer in a proper and clean condition. In the event of damage or loss, the customer is fully liable up to the replacement value of the rented items and up to the point in time at which he has returned the rented items to Hofgut Stammen. If there is a loss of performance to another customer due to damage caused by the customer or the delayed return of the rented items to Hofgut Stammen, the customer is fully liable for this.

2. In the case of groups, the carrier is jointly and severally liable with the participant or booker who is liable. The carrier is solely liable if the person responsible for the damage cannot be determined, unless he can prove that the damage was not caused or contributed to by the participants.

IX. special instructions

1. Customers are not allowed to bring their own food and drinks to events organized by Hofgut Stammen. In special cases, a written agreement can be made. In these cases, a service fee will be charged.

2. Every boat user must be able to swim. Wearing life jackets is mandatory. The use of boats or bicycles when under the influence of alcohol or otherwise unfit to drive is not permitted. The rented boats may only be loaded up to the permitted number of people and maximum payload and may not be used in storms, threatening thunderstorms or thunderstorms.

3. The customer is obliged to comply with the shipping police regulations and applicable environmental and nature conservation regulations, as well as the navigation rules in the case of navigating a water hiking route. Hofgut Stammen gives the customer a leaflet with recommended environmental and behavioral rules, as well as access regulations, at the start of the rental period.

1. In order to prevent damage to the system, the attachment of decorative material or other objects must be agreed with the hotel in advance. The customer guarantees that the decorative material in particular meets the requirements of the fire authorities. In case of doubt, the hotel can request the submission of a confirmation from the responsible fire protection department.

2. Open fire and smoking are prohibited by the police in the area of the Strohotel. In the event of violations, the relevant persons will be expelled from the facility immediately.

3. The Hofgut Stammen is a historic courtyard with corresponding traffic routes, such as cobblestones and stairs, which do not comply with DIN standards. The customer must use these facilities with appropriate caution.

4. Dogs must be kept on a leash on the entire grounds of the Hofgut Stammen.

5. Cars and motorbikes are to be parked in the Hofgut car park. With regard to liability, reference is again made to Section VIII. No. 3 of these General Terms and Conditions.

6. Due to the neighboring retirement and nursing home, the customer must behave quietly in the parking lot.

IX. Final Provisions

1. We reserve the right to correct errors as well as printing and calculation errors.

2. Changes or additions to the contract, the acceptance of applications or these General Terms and Conditions must be in writing. Unilateral changes or additions by the customer are invalid.

3. The place of performance and payment is the seat of the Hofgut Stammen.

4. The exclusive place of jurisdiction is Hofgeismar

5. Should individual provisions of these General Terms and Conditions for the hotel accommodation contract be or become invalid or void, this shall not affect the validity of the remaining provisions. In addition, the statutory provisions apply.