General Terms and Conditions
of Gastronomiebetriebe Kampenwand GmbH
for Agrad-chalets.de

Scope of fulfilment

• The following terms and conditions apply to all orders, bookings and contracts via our online shop or our website, unless they are amended by individual agreement between you and us.

  Deviating standard terms and conditions of the customer are ineffective in relation to the seller.

Contractual partners, customer service

• Contracts are concluded with Gastronomiebetriebe Kampenwand GmbH, Bernauer Str. 1, 83229 Aschau im Chiemgau.

  Further information can be found in the imprint.

Registration as a user

• Your registration in our online ordering system is free of charge. There is no entitlement to admission to our online ordering system. Only persons with unlimited legal capacity are authorised to participate. To register, please complete the registration form available on our website electronically and send it to us. You must provide the data required for registration completely and truthfully. When you register, you choose a personal user name and password. The user name must not infringe the rights of third parties or other name and trademark rights or offend common decency. You are obliged to keep the password secret and not to disclose it to third parties under any circumstances.

  Apart from the declaration of your agreement with the validity of these General Terms and Conditions, your registration is not associated with any obligations. You can delete your entry at any time under ‘My account’. Simply registering with us does not imply any obligation with regard to the services and goods offered by us.

  If your personal details change, you are responsible for updating them yourself. All changes can be made online after logging in under ‘My account’. 
   

Conclusion of contract

• You can submit a binding contract offer (order) via our online shopping basket system.  
  • The services and goods you wish to order or purchase are placed in the electronic shopping basket. In the navigation bar you will find a button which you can use to call up the ‘shopping basket’ in order to make changes there at any time.
  • After accessing the ‘Checkout’ page and entering your personal details as well as the payment and shipping conditions, all order details will be displayed again on the order overview page.
  • Click on the ‘Continue’ button to return to the order overview page in our online shop.
  • Before submitting the order, you have the option of checking all details again, changing them (also using the ‘back’ function of the Internet browser) or cancelling the purchase. 
    By submitting the order via the ‘order with obligation to pay’ button, you are submitting a binding offer to us.
    You will first receive an automatic e-mail about the receipt of your order, which does not yet lead to the conclusion of a contract.  

Prices and shipping costs

• The prices of the individual products, rentals and services always include statutory VAT. VAT is shown on the invoice insofar as this is permissible under VAT law.

  Shipping costs are added to the product and/or service prices quoted. You can find out more about the shipping costs directly in the product descriptions. The shipping costs are shown separately on the invoice.

  Prices are due for payment immediately. 

Letting of flats, hotel rooms and accommodation

• Our offers for lettings are always subject to change. The contract is concluded upon acceptance by the hotel.

  The subletting and re-letting as well as the use of the rented rooms and areas for job interviews, sales or similar events is not permitted.

  The customer does not acquire any claim to the provision of specific rooms.  Unless otherwise agreed, hotel rooms must be occupied from 3.00 p.m. on the day of arrival (check-in time). The customer is not entitled to earlier availability. On the agreed day of departure, the rooms must be vacated and made available to the hotel by 12.00 noon (check-out time) at the latest. (check-out). The customer is not entitled to earlier availability.  On the agreed day of departure, the rooms must be vacated by 12.00 noon (check-out time) at the latest.  

  Cancellation free of charge is possible up to 28 days before arrival. If the cancellation is made up to seven days before arrival, 50% of the booking price must be paid. If the cancellation is made within the last seven days before arrival, 90% of the booking price must be paid. In the event of no-show without cancellation, 100% of the total amount must be paid.

  It is not permitted to take food, drinks, flowers and furnishings to events.

  The use of the hotel facilities is only possible during the respective opening hours. 

Purchase of vouchers

• In the case of a voucher order, the customer's contractual offer is accepted at the time the customer receives the voucher from the hotel.

  On the basis of a voucher purchased from us, the customer is entitled to demand the service listed in the voucher from us. The service to be provided by us on the basis of the voucher shall be provided on the basis of these GTC. We are only obliged to provide the service upon presentation of the voucher (small bearer instrument in accordance with §§ 807, 793 ff. of the German Civil Code).

  The customer is authorised to pass on the voucher to third parties, in particular to give it as a gift. At the customer's request, the hotel will specify a third party on the voucher form who is to receive the voucher. The specification of a name on the voucher does not affect the described legal quality of the voucher.

Value added tax

• Each party to the contract is obliged to comply with all legal and administrative VAT regulations in connection with the performance of the contract, to inform the other party to the contract of any requirements that have not been observed, to provide evidence required by law or by the authorities at its own expense and to support the other party to the contract to the best of its ability in all VAT matters. Claims arising from the breach of this obligation shall not become time-barred before the expiry of 6 months after the entry into force of an official or court decision which is issued as a consequence of the breach of obligation.

Warranty for purchases

• The statutory warranty rights apply with the following restrictions:

  If the buyer is an entrepreneur, warranty claims for defects expire within one year of delivery. This excludes culpably caused damage attributable to us due to injury to life, limb or health and damage caused by gross negligence or wilful intent or fraudulent intent, as well as recourse claims in accordance with §§ 478, 479 BGB.

Payment

• Payment is made by Visa, VPay, Mastercard, Maestro, Diners, Union Pay, Apple Pay and Paypal.

Self-collection and delivery conditions

• We only deliver by dispatch. Unfortunately, it is not possible to collect the goods yourself.

  We deliver the goods in accordance with the agreements made with you.

Retention of title

• The goods remain our property until full payment has been received.

Right of cancellation and cancellation policy

• Consumers have a right of cancellation. With regard to the requirements and legal consequences of the right of cancellation, reference is made to the cancellation policy in the (Right of cancellation and cancellation policy section).

  Entrepreneurs have no right of cancellation.  

Offsetting and right of retention:

• The customer may only offset if his counterclaims are legally established, undisputed, ready for decision or recognised by us. He is also authorised to exercise a right of retention insofar as his counterclaim is based on the same contractual relationship. 

Limitation of liability

• We are liable for intent and gross negligence. Furthermore, we shall be liable for the negligent breach of obligations, the fulfilment of which is essential for the proper performance of the contract, the breach of which jeopardises the achievement of the purpose of the contract and on the observance of which you as the customer regularly rely. In the latter case, however, we shall only be liable for the foreseeable damage typical of the contract. We shall not be liable for the slightly negligent breach of obligations other than those specified in the above sentences.

  The above exclusions of liability shall not apply in the event of injury to life, limb or health. Liability under the Product Liability Act remains unaffected.

  According to the current state of technology, data communication via the Internet cannot be guaranteed to be error-free and/or available at all times. In this respect, we are not liable for the continuous or interrupted availability of our online trading system.

  If the customer is an accommodation guest, the hotel shall be liable for items brought into the hotel in accordance with Sections 701 et seq. BGB. According to this, liability is limited to one hundred times the room rate for one day, up to a maximum of € 3,500.00, or € 800.00 for money and valuables.

Place of jurisdiction, place of fulfilment

• With regard to the place of jurisdiction, the statutory provisions apply to consumers.

  The place of jurisdiction and place of fulfilment for merchants, entrepreneurs, legal entities under public law and special funds under public law shall be 83229 Aschau im Chiemgau, Federal Republic of Germany.

Applicable law

• The law of the Federal Republic of Germany shall apply. Unless otherwise stated in the declaration of acceptance/order confirmation, our place of business shall be the place of fulfilment.

  Within its scope of application, the United Nations Convention on Contracts for the International Sale of Goods shall apply. Questions concerning matters which are not regulated in this Convention or which cannot be decided according to its principles shall be decided according to the law applicable at the seller's place of business.

Severability clause

• Should a provision in these terms and conditions or a provision within the framework of other agreements be wholly or partially invalid or unenforceable, or lose its legal validity or enforceability at a later date, this shall not affect the validity of all other provisions or agreements. Such a provision shall be replaced by an appropriate provision which, as far as legally possible, comes as close as possible to the invalid provision.

• If you are a consumer within the meaning of Section 13 of the German Civil Code (BGB), you are entitled to the following right of cancellation when purchasing a voucher without a specific reservation date, goods voucher or goods via our websites, other Internet presences, social media, fax or telephone.

  By law, you have no right of cancellation when booking flats, holiday flats, hotel rooms etc. for a specific date or period.

  You have no right of cancellation for contracts for the provision of services in the areas of accommodation for purposes other than residential purposes, transport of goods, vehicle rental, delivery of food and beverages and for the provision of other services in connection with leisure activities if the contract provides for a specific date or period for the provision.

Widerrufsbelehrung

Widerrufsrecht

• You have the right to cancel this contract within fourteen days without giving any reason.

  The cancellation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the goods.

  To exercise your right of cancellation, you must inform us

Gastronomiebetriebe Kampenwand GmbH, Bernauer Str. 1, 83229 Aschau im Chiemgau, phone: 080522440, fax: 080524702, e-mail: info@gasthaus-kampenwand.de

• by means of a clear statement (e.g. a letter sent by post, fax or e-mail) of your decision to cancel this contract. You can use the attached sample cancellation form, but this is not mandatory. If you choose this option, we will send you a confirmation of receipt of such a cancellation without delay (e.g. by e-mail).

  To meet the cancellation deadline, it is sufficient for you to send your notification of exercising your right of cancellation before the cancellation period expires

Consequences of cancellation

• If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees for this repayment.

  We may withhold the refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earliest.

  You shall bear the direct costs of returning the goods.

Exclusion of the right of cancellation

• The right of cancellation does not apply to contracts for the delivery of goods that are manufactured according to customer specifications or that are clearly tailored to personal needs or that are not suitable for return due to their nature. You have no right of cancellation for contracts for the provision of services in the areas of accommodation for purposes other than residential purposes, transport of goods, vehicle rental, delivery of food and beverages and for the provision of other services in connection with leisure activities if the contract provides for a specific date or period for the provision.

End of the cancellation policy

• Corporate customers and resellers: The right of cancellation only applies to private individuals (consumers) - corporate customers (entrepreneurs) have no right of cancellation.

Sample cancellation form

• If you wish to cancel the contract, please complete this form and return it to us.