Terms of service
General Terms and Conditions for Accommodation and Camping Pitches at KNAUS Camping Parks
Dear guests of KNAUS CAMPING PARKS,
Helmut Knaus KG – hereinafter referred to as “CAMPING PARK OPERATOR” – is the owner and operator of KNAUS CAMPING PARKS. The CAMPING PARK OPERATOR’s employees and the individual KNAUS CAMPING PARKS go to every effort and rely on many years of experience to make your stay at every KNAUS CAMPING PARK as pleasant as possible.
Clear arrangements concerning your rights and obligations as the contractual partner of the CAMPING PARK OPERATOR and guest contribute to this, and these are to be agreed with you in the form of the following Terms and Conditions of Service. Insofar as they are effectively agreed, these Terms become content of the contract for accommodation or pitch rental that you – hereinafter referred to as “the Guest” – conclude with the CAMPING PARK OPERATOR in the event of a booking. These Terms and Conditions of Service supplement the applicable statutory provisions.
Therefore, please read these Terms and Conditions of Service carefully before making your booking..
1. Legal status of the CAMPING PARK OPERATOR; conclusion of contract; travel agent; information in catalogues and directories; deviating booking confirmation; non-binding reservations; instruction on the non-existence of a statutory right of withdrawal in distance selling; guests with mobility issues; booking process
1.1. The CAMPING PARK OPERATOR rents out parking spaces for motorhomes and other camping pitches as well as other accommodation (e.g. holiday homes, chalets, mobile homes, tipi tents, rental caravans, rental tents, etc.) at KNAUS CAMPING PARKS. The KNAUS CAMPING PARKS are facilities of the CAMPING PARK OPERATOR. Insofar as the following provisions contain the term “KNAUS CAMPING PARK”, this applies in a technical sense to the respective KNAUS CAMPING PARK booked or visited by the Guest but also, from the legal point of view, to the CAMPING PARK OPERATOR as the contractual partner of the Guest, unless expressly indicated otherwise in the individual case.
1.2. The following applies for all booking types:
a) The basis of the CAMPING PARK OPERATOR’s offer and the Guest’s booking are the description of the respective KNAUS CAMPING PARK online or in the printed media of the CAMPING PARK OPERATOR and the additional information in the basis for booking, insofar as they are available to the guest upon booking.
b) The local park management of KNAUS CAMPING PARKS shall act as legal representatives of the CAMPING PARK OPERATOR with regard to the conclusion of the contract, termination, withdrawal and in all other matters.
c) Travel agencies and entities who take bookings are not authorised by the CAMPING PARK OPERATOR to make agreements, provide information or make assurances that amend the agreed content of the contract, go beyond the contractually-agreed services of the CAMPING PARK OPERATOR or that contravene the accommodation/pitch and service descriptions.
d) Information provided in catalogues and similar directories which are not published by the CAMPING PARK OPERATOR are not binding on the CAMPING PARK OPERATOR and its performance obligations if this has not been made part of the CAMPING PARK OPERATOR’s performance obligations by means of express agreement with the Guest.
e) If the content of the booking confirmation deviates from the content of the booking itself, the former constitutes a new offer by the CAMPING PARK OPERATOR. The contract shall be concluded on the basis of this new offer, provided that the Guest makes his/her acceptance by means of an express declaration, making a deposit, paying the outstanding balance or availing him-/herself of the accommodation or pitch.
f) Non-binding reservations (options), which entitle the holder to withdraw free of charge, are possible only with the express agreement of the CAMPING PARK OPERATOR. If there has been no express agreement that the Guest may make non-binding reservations, making the booking according to Clauses 1.6 and 1.7 of these Terms and Conditions generally constitutes a contract being concluded that is legally binding for the Guest and the CAMPING PARK OPERATOR. If an option has been agreed in writing, the Guest must notify the CAMPING PARK OPERATOR by the agreed date, if the reservation is to be treated as a binding booking. If this is not done, or is not done in time, the option expires without further duty of notification by the CAMPING PARK OPERATOR. If notification is carried out in due time, the booking becomes binding upon receipt by the CAMPING PARK OPERATOR of the Guest’s notification, irrespective of a booking confirmation being issued thereafter by the CAMPING PARK OPERATOR.
1.3. No right of withdrawal in distance selling: n accordance with the statutory requirements the Guest is advised that, pursuant to the provisions of law (Section 312g par. 2 sentence 1 no. 9 of the German Civil Code [Bürgerliches Gesetzbuch - BGB], for guest accommodation and pitch rental contracts concluded by way of distance selling (letters, catalogues, telephone calls, faxes, emails, messages sent by mobile phone (SMS) or radio broadcasting and telemedia) there is no right of withdrawal, and only the provisions of law on failure to take advantage of rental services (Section 537 BGB) apply (see also Clause 6 of these Terms and Conditions). In addition, with regard to camping pitch booking made by means of vending machines, reference is made to Clause 1.8 b).
1.4. The following applies for bookings by Guests with health-related impairments, disabilities or mobility issues::
a) The CAMPING PARK OPERATOR wishes to enable such Guests to stay at the respective KNAUS CAMPING PARK. To this end, however, the CAMPING PARK OPERATOR urgently requests that the Guest provide precise information about the type and extent of existing disabilities, health impairments or mobility restrictions when booking, so that it can be checked whether a stay at the desired KNAUS CAMPING PARK is possible and the booking can be confirmed.
b) The Guest is not obligated to provide such information. However, if the Guest does not wish to provide such information, there is no obligation on the part of the CAMPING PARK OPERATOR to accept liability for impairments resulting from circumstances not known or unrecognisable to the CAMPING PARK OPERATOR in the event of confirmation and execution of the booking.
c) If, in the course of voluntarily provided information, it turns out that the requested accommodation/pitch or essential facilities of the respective KNAUS CAMPING PARK are unsuitable for the Guest, taking into account the Guest's special needs, the CAMPING PARK OPERATOR or KNAUS CAMPING PARK shall contact the Guest before confirming the booking in order to clarify which options are available for the Guest’s stay or for acceptance of the booking despite the problems and impairments that the Guest might expect to experience.
d) The CAMPING PARK OPERATOR or the respective KNAUS CAMPING PARK shall only refuse to accept the booking within the framework of the statutory provisions if, on the basis of the communicated or recognisable circumstances or requirements of the Guest, admission to the KNAUS CAMPING PARKS is objectively not possible, because the requested accommodation/pitch or essential facilities of the KNAUS CAMPING PARKS are unsuitable for the guest, taking into account his/her special needs.
1.5. Offers made by the CAMPING PARK OPERATOR or the respective KNAUS CAMPING PARK in response to enquiries (in particular regarding the type and number of available accommodations, prices and additional services) generally constitute non-binding information on availability and not a binding contractual offer to the Guest.
1.6. The following applies for bookings placed in writing, by email or by fax:
a) By placing their booking, the Guest submits a binding offer to the CAMPING PARK OPERATOR to conclude the service contract. The Guest is bound by the booking for three working days.
b) The contract comes into effect upon receipt of the booking confirmation (declaration of acceptance) sent in writing or by fax or email from the CAMPING PARK OPERATOR or KNAUS CAMPING PARKS.
1.7. The following applies for the arrangement of services by telephone:
The KNAUS CAMPING PARK only accepts the Guest’s non-binding booking request by telephone and reserves the corresponding service for him/her. In all other respects, the contractual declarations of the parties and, if applicable, the conclusion of the contract shall be made in accordance with the provisions in Clauses 1.6 and 1.8.
1.8. For in-person service bookings or those made via vending machines on site at the KNAUS CAMPING PARK, the following shall apply::
a) For in-person bookings, the Guest receives an invoice for the period booked by him/her, including all associated services on the basis of his/her booking request.
b) Motorhome parking spaces can be booked on site at the KNAUS CAMPING PARK using a vending machine. In this case, a right of withdrawal is already precluded pursuant to Section 312 par. 2 BGB, since the provisions on distance contracts pursuant to Section 312c BGB do not apply for contracts concluded using vending machines.
1.9. In the case of bookings placed through an online booking process (contract in electronic business transactions), the following applies for the conclusion of the contract:
a) An option is available to the Guest to correct the information they have entered or to delete or reset the entire online booking form. The contract languages for making the online booking are specified.
b) If the text of the contract is saved by the CAMPING PARK OPERATOR in the online booking system, the Guest shall be informed of this and about the possibility of retrieving the text at a later point.
c) By clicking on the “Book and pay” button, the Guest submits a binding offer to the CAMPING PARK OPERATOR for the conclusion of the service contract. The Guest is bound to this contractual offer for five working days after the electronic declaration is sent. The Guest shall receive confirmation of the receipt of the booking electronically without delay.
d) The transmission of the contractual offer by clicking on the “Book and pay” button does not establish any entitlement of the Guest to the conclusion of an accommodation or pitch rental contract in accordance with his/her booking data. Rather, the CAMPING PARK OPERATOR is free to decide whether to accept the Guest’s contractual offer or not.
e) The contract comes into effect upon confirmation of the booking, which is displayed to the Guest on the screen immediately after pressing the button “Book and pay” (booking in real time). The customer is offered the option to immediately save and print the booking confirmation. However, the binding nature of the service contract is not dependent on the Guest actually making use of these options for saving or printing. As a rule, the CAMPING PARK OPERATOR shall also send the Guest a copy of the booking confirmation by email, as an email attachment, by post or by fax. However, the legally binding nature of the service contract does not depend on receipt of such an additionally transmitted booking confirmation.
2. Services and changes to services
2.1. The services to be rendered by the CAMPING PARK OPERATOR are exclusively as stated in the content of the booking confirmation in conjunction with the valid brochure or the description of the respective KNAUS CAMPING PARK and any supplementary arrangements explicitly made with the guest. The guest is advised to make any additional agreements in writing.
2.2. In the absence of a specific explicit agreement, the guest is not entitled to the allocation of a specific pitch or specific accommodation, to a specific location of the same or to parking of the same next to or near the pitch or accommodation of accompanying guests.
2.3. There is no entitlement to a certain size or equipment nor to specific facilities of the accommodation/pitch assigned to the guest, unless an explicit agreement has been made in this regard or a corresponding size and equipment can be assumed from the basis of the booking, the agreed accommodation/pitch or the price category.
2.4. The CAMPING PARK OPERATOR or the respective KNAUS CAMPING-PARK is not obliged to provide additional services beyond the provision of the pitch or accommodation, unless this results from the basis of the booking or unless an express agreement has been made in this regard. This applies in particular to the provision of and access to leisure facilities, catering services, transport services and supervision and assistance services.
2.5. With regard to facilities, offers, equipment and other services for which seasonal restrictions have been expressly referred to in the basis of the booking, in particular in the online description or brochure of the CAMPING PARK OPERATOR or of a KNAUS CAMPING PARK, the performance obligation exists only in accordance with these seasonal restrictions.
2.6. Insofar as persons with disabilities, health-related impairments or mobility issues are accepted as guests, there is no contractual obligation to produce, create and maintain certain characteristics, functionalities, facilities or conditions that are necessary for the guest or desired by the guest without an express agreement to this effect. Special supervisory services for such guests are only contractually owed if these are expressly agreed or are expressly offered in the basis of the booking as general services of the facility. Applicable mandatory statutory provisions on the obligation to accommodate such persons remain unaffected.
2.7. With regard to contractual obligations towards minors, reference is made to Clause 4 of these Terms and Conditions.
3. Prices and price increases
3.1. In principle, the prices agreed between the guest and the CAMPING PARK OPERATOR or the KNAUS CAMPING PARK shall apply.
3.2. Unless otherwise agreed in individual cases, the CAMPING PARK OPERATOR is entitled to require a price adjustment after conclusion of the contract, in accordance with the following provisions::
a) A price adjustment is permissible only where there are more than 4 months between the conclusion of the contract and the contractually agreed commencement of the accommodation.
b) On the date of the booked accommodation, the agreed accommodation/pitch price increases or decreases in line with the consumer price index of the Federal Statistical Office for Germany (2015 = 100).
c) The CAMPING PARK OPERATOR shall notify the guest of the price adjustment clearly and comprehensibly in text form, no later than 20 days before the start of the respective service on the basis of the percentage changes in the index.
d) In doing so, the price is adjusted in the same percentage ratio as the consumer price index last published by the Federal Statistical Office at the time the price adjustment is asserted has changed compared to what it was in the calendar month of the booking.
e) In the event of a permissible increase exceeding 8% of the agreed service price, the guest may withdraw from the contract with no payment obligation vis-à-vis the CAMPING PARK OPERATOR. The guest's notice of withdrawal does not require any specific form and must be declared to the CAMPING PARK OPERATOR without delay, but no later than within one week after receipt of the request for a price increase. The guest is advised to submit the notice of withdrawal in text form. If necessary, the CAMPING PARK OPERATOR shall inform the guest of his right of withdrawal and the deadline for withdrawal when providing notification of the price adjustment.
f) The CAMPING PARK OPERATOR is obligated to grant the guest on request a reduction in the price of the pitch/accommodation if and insofar as the reduction in price referred to in sub-clause b) occurs after the conclusion of the contract but before the start of services and if this leads to lower costs for the CAMPING PARK OPERATOR. If the guest has paid more than the sum owed according to the above, the additional amount shall be reimbursed by the CAMPING PARK OPERATOR. However, the CAMPING PARK OPERATOR may deduct from the reimbursed additional amount any de facto administrative costs that the CAMPING PARK OPERATOR incurs. The CAMPING PARK OPERATOR must furnish proof to the guest on the latter’s request the amount of the administrative costs that it has incurred.
4. Minors
4.1. Minors shall be admitted to KNAUS CAMPING PARK only if accompanied by an adult who is entitled to supervise them. Declarations of consent from parents or guardians who are not admitted as guests at the same time as the child, no matter in what form, do not allow the child to be admitted.
4.2. With regard to accompanied minors, the obligation of the CAMPING PARK OPERATOR or KNAUS CAMPING PARK does not extend to a duty of supervision without an express agreement to this effect. The duty of supervision with regard to children, in particular in compliance with the general or specific information of the CAMPING PARK OPERATOR on local conditions and sources of danger (which may also be specified in the respective camping park regulations), is incumbent exclusively on the parents/legal guardians or adults accompanying the minors, insofar as the duty of supervision has been assigned to them by the parents/guardians. This applies in particular to swimming facilities and bathing lakes that are located on the premises of KNAUS CAMPING PARKS. Traffic safety obligations of the CAMPING PARK OPERATOR remain unaffected.
5. Payment and rebookings
5.1. The respective KNAUS CAMPING PARKS are, insofar as they process payments in accordance with the contract, collection agents of the CAMPING PARK OPERATOR with the proviso that all rights and obligations set out below also apply to the KNAUS CAMPING PARKS as collection agents and representatives of the CAMPING PARK OPERATOR.
5.2. The due date of the deposit and payment of the outstanding balance shall be based on the arrangement made with the guest and, where applicable, stated in the booking confirmation. If no special agreement has been made, the entire price of the accommodation/pitch, including the fees for ancillary costs and additional services, is due upon arrival at the KNAUS CAMPING PARK and before occupying the accommodation or using the pitch or the contractual services; it is payable on site to the respective KNAUS CAMPING PARK.
5.3. The CAMPING PARK OPERATOR or the respective KNAUS CAMPING PARK may demand a deposit after conclusion of the contract. Unless otherwise agreed in individual cases, this deposit amounts to 50% of the total price for the accommodation service/pitch service or other services and is payable to the entity specified in the booking confirmation and to the account specified there within 2 weeks after receipt of the booking confirmation or, in the case of bookings less than 2 weeks before the start of the service, immediately; the date of the payment being credited to the specified account is decisive for its timeliness. The same applies to the payment of the entire price of the accommodation/pitch and the contractual services, if such an advance payment in full of the total price has been expressly agreed in the individual case.
5.4. Payments must generally be made free of fees and charges for the specified payee, particularly in the case of payments from abroad. Neither payments in foreign currencies nor by crossed cheque are possible. Credit card payments are generally acceptable. However, no claim to payment by credit card exists.
5.5. If the CAMPING PARK OPERATOR or the local KNAUS CAMPING PARK is willing and able to provide the contractual services and there is no statutory or contractual right of retention or set-off on the part of the guest, the following shall apply:
a) Without full payment of an agreed deposit or other advance payment, the guest is not entitled to occupy the accommodation/pitch nor to make use of the contractual services.
b) If, despite a reminder issued by the CAMPING PARK OPERATOR setting a time limit, the guest fails to make an agreed deposit or other advance payment or fails to pay this in full, and the guest is responsible for the default of payment, the CAMPING PARK OPERATOR shall have the right to withdraw from the contract with the guest and charge the latter cancellation costs in accordance with Clause 7 of these Terms and Conditions.
After conclusion of the contract, the guest is entitled to changes with regard to the arrival and departure date or the start and end of the service, the type of accommodation or pitch, the length of stay, booked additional services or other contractual services (rebooking) only once per booking. The CAMPING PARK OPERATOR may be entitled to charge a rebooking fee of €10 per rebooking.
6. Withdrawal and no-shows; premature termination of stay
6.1. The guest is informed that no general statutory right of withdrawal or termination exists in the case of service contracts. However, the CAMPING PARK OPERATOR grants the guest a contractual right of withdrawal in accordance with the following provisions.
6.2. Withdrawal is possible at any time up to the commencement of services. The guest is advised to give written notice of this withdrawal to avoid any misunderstandings. Notice of withdrawal must in principle be sent to the respective KNAUS CAMPING PARK. In the event of withdrawal, the CAMPING PARK OPERATOR’s entitlement to payment of the agreed accommodation price, including remuneration for additional services, shall remain unaffected.
6.3. The CAMPING PARK OPERATOR must attempt to otherwise make use of the services in the course of its normal business activities, without any obligation to make a special effort and taking into account the specific character of the booked services.
6.4. The CAMPING PARK OPERATOR must offset income from other use of the services and, where this is not possible, and any savings made.
6.5. Insofar as the guest does not exercise the free-of-charge right of withdrawal or fails to exercise it in due time, in the event of withdrawal or no-show, he/she must pay the following amounts to the CAMPING PARK OPERATOR in accordance with the principles of Section 537 BGB for the assessment of saved expenses and other occupancy, in each case based on the total price of the services (including all ancillary costs), but without taking into account any public charges such as visitor’s tax:
up to 6 weeks before start of travel: 30% of the rental price
up to 4 weeks before start of travel: 50% of the rental price
up to 2 weeks before start of travel: full rental price
6.6. The guest explicitly retains the right to furnish proof to the CAMPING PARK OPERATOR that the expenses it has saved are significantly higher than the deductions taken into account here or that other use of the accommodation services, the pitch or other services has taken place or that the CAMPING PARK OPERATOR has generated greater income from another service than offset by it. If such proof is provided, the guest must only pay the appropriately lower amount.
6.7. The guest is advised to take out travel cancellation insurance.
6.8. The above provisions do not only apply to the withdrawal or no-show of an individual guest. They apply to couples, families and private small groups, insofar as a binding booking has been made for a certain number of people, also in the event of a reduction in the number of guests, regardless of whether this is done by mere notification, express cancellation or notice of withdrawal or by no-show.
6.9. The above provisions also apply to the premature termination of the stay by the guest, insofar as the termination is not justified by a statutory or contractual extraordinary right of termination by the guest or if the CAMPING PARK OPERATOR is responsible for the premature termination of the stay for other reasons or if this is causally justified by circumstances that lie exclusively in the sphere of risk of the CAMPING PARK OPERATOR.
7. Arrival and departure
7.1. The guest is not entitled to use the contractually agreed services on the day of arrival at a specific time. Likewise, there is no entitlement to use the accommodation/pitch as well as the facilities of the KNAUS CAMPING PARK on the day of departure until a certain time.
7.2. Unless expressly agreed otherwise in the individual case, the times for the use of services on the day of arrival and the latest time of vacating the accommodation/pitch on the day of departure are determined by the information provided by the respective KNAUS CAMPING PARK, which is communicated to the guest in the booking confirmation at the latest.
7.3. The guest must arrive at the specified or agreed time.
7.4. The following applies for later arrivals:
a) The guest must inform the respective KNAUS CAMPING PARK no later than by the communicated or agreed time of arrival that he/she will be arriving late or, in the case of stays lasting multiple days, wants to occupy the booked accommodation on a subsequent day.
b) If timely notification is not given, the CAMPING PARK OPERATOR shall have the right to otherwise allocate the accommodation/pitch. For the period where services are not used, the provisions of Clause 6 apply accordingly.
c) If the guest announces a later arrival, he/she shall pay the agreed remuneration, less any expenses which the CAMPING PARK OPERATOR has saved according to Clause 6 (including for the period of unused services), unless the CAMPING PARK OPERATOR is contractually or legally liable for the reasons which resulted in the later arrival and performance of services.
7.5. The accommodation/pitch must be vacated completely by the communicated or agreed time on the day of departure. If the accommodation/pitch is not vacated on time, the CAMPING PARK OPERATOR may demand appropriate additional remuneration. The CAMPING PARK OPERATOR reserves the right to assert further claims for losses.
8. Customer’s obligation; park regulations; exercise of park rights; bringing pets; termination by the CAMPING PARK OPERATOR
8.1. The guest is obliged to comply with the park regulations insofar as they have been communicated or handed over to him/her or to the extent that it was reasonably possible to take note of them as part of a notice. Parents or other legal representatives or guardians of minors must ensure that the latter comply with the park regulations and are responsible for this compliance within the framework of legal and contractual provisions on their duty of supervision.
8.2. The park regulations contain rules and restrictions for the night-time quiet period, which is generally from 10 pm to 7 am. It is the guest’s responsibility to inform himself of the individual rules for the night-time quiet period and the local provisions for this quiet period. Exceptions to the rules on the night-time quiet period require express agreement by the park management.
8.3. The guest is obliged to treat the accommodation/pitch and the facilities of the KNAUS CAMPING PARK only as intended, in accordance with the park regulations and terms of use and with overall care.
8.4. In all accommodation (holiday home, chalet, mobile homes, tipi tents, rental caravans, rental tents, etc.) and buildings (sanitary facilities, reception, etc.) of the KNAUS CAMPING PARKS a strict no-smoking policy applies.
8.5. The guest is obliged to check the accommodation/pitch and its facilities when taking occupancy of the accommodation and to notify the park management immediately of any defects or damage. This obligation also expressly applies to defects or damage that are not regarded by the guest as a disturbance or impairment, if it is objectively recognisable to the guest that ambiguities may arise about the time and responsibility for such damages and their attribution to him/her or previous guests.
8.6. The guest must notify the park management without delay of any defects or disruptions that occur and demand remedial action. In the event of repeated occurrence of defects or malfunctions, or if remedial measures taken by the park management have not remedied the defect or malfunction, the guest is obliged to report the shortcomings again. If there is a culpable failure to report such shortcomings, any claims of the guest may be entirely or partially forfeit.
8.7. The guest may only terminate the contract in the event of significant defects or disruptions. The guest must first set the CAMPING PARK OPERATOR a reasonable time limit – by means of notification of shortcomings to the park management – to take remedial action, unless remedial action is impossible or is refused by the CAMPING PARK OPERATOR or park management or if immediate termination is objectively justified by a special interest of the guest which is recognisable for the CAMPING PARK OPERATOR or park management or if for such reasons the guest objectively cannot be reasonably expected to continue their stay.
8.8. Dangerous animals are not allowed. Pets of any kind are generally only allowed if expressly agreed or permitted.
8.9. The use of electricity columns at KNAUS CAMPING PARKS is reserved exclusively for campers for whom a pitch has been booked during the period of use of the column. The use of electricity columns to charge electric vehicles is generally prohibited and violates the parking regulations. In all other aspects, reference is made to Clauses 8.10 and 9.1.
8.10. The park management of the respective KNAUS CAMPING PARK or the person commissioned by it exercises the park rights on behalf of the CAMPING PARK OPERATOR. It is authorised to issue warnings, to issue notices of termination, to issue house and park bans and, as the legal representative of the CAMPING PARK OPERATOR, to make any other legal declarations on behalf of the CAMPING PARK OPERATOR and to receive them as its representative and authorised recipient. In person, this applies to the park manager and any person authorised by him/her.
9. Withdrawal and termination by the CAMPING PARK OPERATOR
9.1. The CAMPING PARK OPERATOR may terminate the service contract after the commencement of the services without notice, if, irrespective of a warning from the park management of KNAUS CAMPING PARKS, the guest:
a) continues to violate the park regulations,
b) persistently disturbs the peace of the park, other guests, the park management or other third parties,
c) endangers the safety of the KNAUS CAMPING PARK, its facilities, other guests or the park management,
d) or in the event of intentional or negligent damage or improper use of the inventory, systems or facilities of the KNAUS CAMPING PARK, including the outdoor area and the vegetation or facilities there,
e) in the event of violation of the non-smoking policy,
f) or if the guest continues to act in breach of contract to such an extent that the immediate cancellation of the contract is justified.
9.2. A warning prior to termination without notice is unnecessary if the guest’s breach of duty is so serious that, in particular in the interest of the other guests and safety (in this respect, in particular also in the case of the commission of criminal offences), immediate termination is justified, also taking into account the interests of the guest.
9.3. The CAMPING PARK OPERATOR may terminate the contract prior to the commencement of the service if objective and concrete conduct on the part of the guest, which would justify termination pursuant to Clause 9.1, is to be expected.
9.4. The CAMPING PARK OPERATOR may withdraw from the contract before the commencement of the service or terminate the contract after the commencement of the service if false or misleading information has been provided by the guest about him-/herself, the occasion and purpose of the booking or other circumstances essential to the contract, if the CAMPING PARK OPERATOR would have been entitled to refuse the booking, for objective reasons and within the framework of the statutory provisions, had it known the true circumstances.
9.5. If the CAMPING PARK OPERATOR terminates or withdraws from the contract, it retains its claim to the total rental price; however, it must offset any savings on expenses or any benefits which it obtains from providing the unused services to another party. The provisions of Clause 6 apply accordingly.
9.6. The CAMPING PARK OPERATOR may terminate the service contract if the performance of the contract and, in particular, the guest’s stay is thwarted, significantly impeded, endangered or impaired for objective reasons for which the CAMPING PARK OPERATOR is not responsible, in particular damage caused by natural disasters, official requirements or closures, natural disasters, diseases, epidemics or other reasons of force majeure. The CAMPING PARK OPERATOR is obliged to inform the guest immediately after becoming aware of the circumstances justifying the termination and to declare the termination. Any payments made by the guest for services not rendered shall be refunded to the guest immediately. Further claims by the guest are excluded.
10. Limitation of liability; parking of cars and bicycles
10.1. The CAMPING PARK OPERATOR shall be liable without limitation insofar as
- the losses result from a breach of a key obligation whose fulfilment makes it possible to correctly perform the contract at all or the violation of which jeopardises the achievement of the objective of the contract;
- the losses result from loss from injury to life, limb or health.
Otherwise, the CAMPING PARK OPERATOR’s liability shall be limited to losses caused by the CAMPING PARK OPERATOR or its vicarious agents either intentionally or due to gross negligence.
10.2. Any proprietor’s liability of the CAMPING PARK OPERATOR for property brought into the accommodation under Sections 701 et seq. BGB remains unaffected by this provision.
10.3. The CAMPING PARK OPERATOR shall not be liable for service disruptions in connection with services which, recognisably for the guest, are merely brokered as third-party services during the stay (for example, excursions, admission tickets, tickets for transport services, sports events, visits to the theatre, exhibitions, etc.). The same applies for external services which are brokered by the CAMPING PARK OPERATOR together with the booking of the accommodation/pitch, provided that they are explicitly specified as being third-party services in the advertisement or booking confirmation.
10.4. Insofar as the guest is provided with a vehicle parking space on the premises of a KNAUS CAMPING PARK, even for a fee, this does not constitute a contract of safekeeping. KNAUS CAMPING PARK is not obligated to monitor or supervise the parking. In the event of loss or damage to vehicles parked or driven on the premises of KNAUS CAMPING PARK, or their contents, or bicycles, KNAUS CAMPING PARK shall not be liable unless KNAUS CAMPING PARK, its legal representatives or vicarious agents are responsible for intent or gross negligence.
10.5. The CAMPING PARK OPERATOR assumes no liability for damage caused to guests’ vehicles due to disregard of the height restrictions accordingly indicated at the KNAUS CAMPING PARK, insofar as it is not liable in accordance with Clause 10.1. The same applies to any damage that may occur during when freeing sunken or stuck vehicles on the premises of the KNAUS CAMPING PARK.
11. Special provisions relating to pandemics (especially Covid-19)
11.1. The parties agree that the services agreed upon shall always be provided by the respective KNAUS CAMPING PARK in compliance with and in accordance with the official regulations and requirements applicable at the respective time of travel.
11.2. The guest declares that he/she agrees to comply with reasonable usage rules or restrictions of the CAMPING PARK OPERATOR when using services and to promptly notify the CAMPING PARK OPERATOR in the event that he/she suffers typical symptoms of illness.
11.3. The above provisions do not affect any warranty rights of the guest, in particular under Section 536 BGB.
12. Statute of limitations
The statutory provisions apply.
13. Alternative dispute resolution; governing law and place of jurisdiction
13.1. With regard to the law on consumer dispute settlement, the CAMPING PARK OPERATOR and KNAUS CAMPING PARKS hereby indicate that the CAMPING PARK OPERATOR does not currently participate in any voluntary consumer dispute settlements. Insofar as participation in a body for the resolution of consumer disputes becomes obligatory for the CAMPING PARK OPERATOR after these Terms and Conditions of Service go to print, the guest shall be informed to that effect in an appropriate form. For all service contracts which are concluded as electronic legal transactions, reference is made to the European online dispute resolution platform https://ec.europa.eu/consumers/odr/.
13.2. The contractual relationship between the CAMPING PARK OPERATOR and the guest is exclusively subject to German law. The same applies for any other legal relationship.
13.3. The guest may only bring a legal action against the CAMPING PARK OPERATOR at the location of its registered office.
13.4. For actions brought by the CAMPING PARK OPERATOR against the guest, its place of residence shall be applicable. For actions brought against guests who are traders, legal persons under public or private law or persons who have their place of residence/registered office or habitual residence abroad or whose place of residence/registered office or habitual residence are not known at the time when the action is brought, the location of the CAMPING PARK OPERATOR’s registered office is agreed as the place of jurisdiction.
13.5. The above provisions do not apply if and insofar as non-mandatory regulations of the European Union or other international regulations applicable to the contract are applicable.
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Your contractual partner:
Helmut KNAUS KG
Registered office: Marktbreiter Str. 11, D-97199 Ochsenfurt, Germany
Würzburg Court of Registration; HRA 1627
Managing Directors: Helmut Knaus and Sandra Knaus
Tel: + 49 9331 / 98318-0
E-Mail:info@knauscamp.de