1 SCOPE OF APPLICATION
1.1 These terms and conditions apply to contracts for the rental of apartments (APP), floating holiday homes (SFH), stilt house suites (PFH) or waterfront houses for accommodation according to classification into categories/types as well as all other services provided to the customer in this context (e.g. breakfast or sailing courses) and deliveries (e.g. bread rolls or flowers) by the im-jaich water holiday world Lauterbach or the im-jaich Naturoase Gustow, hereinafter referred to as im-jaich GmbH & Co. KG or Resort.
1.2 The customer books the category of accommodation. Requests for a specific property will be taken into account when booking directly, but the customer does not acquire any right to this. Room requests are therefore not part of the contract, but will only be changed by im-jaich GmbH & Co. KG in exceptional cases.
1.3 When renting the banquet or conference hall as well as a training room for events (e.g. conferences and family celebrations), all other related services and deliveries by im-jaich GmbH & Co. KG also become part of the contract.
1.4 The subletting or further rental of the rooms, areas and objects provided as well as their use for purposes other than accommodation or events (e.g. job interviews, sales or similar events as well as political events) require the prior consent of im-jaich GmbH & Co. KG in text form.
1.5 The customer’s general terms and conditions shall only apply if they have been expressly agreed upon beforehand.
2 CONCLUSION OF CONTRACT, PARTNER, LIMITATION OF LIMITATIONS
2.1 The contracting parties are im-jaich GmbH & Co. KG and the customer. If accommodation for lodging or a banquet/conference hall or a training room for use is requested and confirmed within a specified option by returning a signed reservation confirmation (by fax, email or post) or provided by telephone in the case of very short-term bookings (by arrangement), an accommodation contract has been concluded. The general terms and conditions formulated here are part of the contract.
2.2 For online bookings (including through third-party portals), the contractual terms and conditions of im-jaich GmbH & Co. KG also apply. An accommodation contract is concluded directly when booking online (including through third-party portals). Payment and cancellation conditions for bookings through third-party portals and tour operators may differ.
2.3 All claims against im-jaich GmbH & Co. KG generally expire within one year from the start of the statutory limitation period. Claims for damages expire after five years, depending on knowledge, unless they are based on injury to life, body, health or freedom. These claims for damages expire after ten years, regardless of knowledge. The shortened limitation periods do not apply to claims based on an intentional or grossly negligent breach of duty by im-jaich GmbH & Co. KG.
3 SERVICES, PRICES, PAYMENT, SET-OFF
3.1 The resort undertakes to provide the accommodation booked by the customer in accordance with the category or type and to provide the agreed services.
3.2 The customer is obliged to pay the agreed or valid prices of the resort for the use of the premises and the other services used by him. This also applies to services ordered by the customer directly or through im-jaich GmbH & Co. KG, which are provided by third parties and paid for by im-jaich GmbH & Co. KG. The overnight price is due in advance or at the latest upon arrival. The prices and payment conditions of im-jaich GmbH & Co. KG may differ from those of third-party portals or tour operators; in this case, the separate prices and agreements of these apply when the contract is concluded.
3.3 The agreed prices include the VAT applicable at the time of conclusion of the contract.
Taxes and local charges. Not included are
local taxes that are owed by the guest according to the respective municipal law, such as
Tourist tax. If the statutory sales tax changes
or the introduction, modification or abolition
local taxes on the service object according to
Contract conclusion, the prices will be in favour of or
The customer's charges are adjusted accordingly, regardless of the conclusion of the contract (BGB §288).
3.4 If the customer makes a binding booking in advance for at least the calendar year after next, the resort reserves the right to adjust the prices to the prices valid on the day of arrival. As soon as the price list for the relevant period is published, the customer will be informed by im-jaich GmbH & Co. KG in writing (by fax, email or post). The customer can then withdraw from the accommodation contract in writing and free of charge within 14 days. By returning the adjusted reservation confirmation within a specified period, the customer accepts the price adjustment and waives his special right of termination. The change to the accommodation contract is therefore part of the contract.
3.5 im-jaich GmbH & Co. KG may make its consent to a subsequent reduction in the number of booked accommodations, the services provided by im-jaich GmbH & Co. KG or the length of the customer's stay, requested by the customer, dependent on an increase in the price for the accommodations and/or for the other services provided by im-jaich GmbH & Co. KG.
3.6 Invoices from im-jaich GmbH & Co. KG without a due date are payable within seven days of receipt of the invoice without deduction. im-jaich GmbH & Co. KG can demand immediate payment of outstanding amounts from the customer at any time. In the event of late payment, im-jaich GmbH & Co. KG is entitled to demand the applicable statutory default interest of 5% above the base interest rate. im-jaich GmbH & Co. KG reserves the right to prove that the damage is greater.
3.7 im-jaich GmbH & Co. KG is entitled to demand an appropriate advance payment or security from the customer upon conclusion of the contract, for example in the form of a credit card guarantee. The amount of the advance payment and the payment dates can be agreed in text form in the contract or the reservation confirmation. In the case of advance payments, the statutory provisions remain unaffected.
3.8 In justified cases, for example if the customer is in arrears with payment or if the scope of the contract is extended, the resort is entitled, even after the conclusion of the contract and up to the start of the stay, to demand an advance payment or security within the meaning of section 3.6 above or an increase in the advance payment or security agreed in the contract up to the full agreed remuneration.
3.9 im-jaich GmbH & Co. KG is also entitled to demand an appropriate advance payment or security deposit from the customer at the beginning and during the stay in accordance with the above clause 3.6 for existing and future claims arising from the contract, provided that such payment has not already been made in accordance with the above clause 3.6 and/or clause 3.7.
3.10 The customer may only offset or set off a claim against a claim of im-jaich GmbH & Co. KG if the claim is undisputed or legally binding.
4 WITHDRAWAL BY THE CUSTOMER
(CANCELLATION, PARTIAL CANCELLATION, SPECIAL TERMINATION) / FAILURE TO USE THE HOTEL'S SERVICES (NO SHOW)
4.1 The customer may only withdraw from the contract concluded with im-jaich GmbH & Co. KG if a right of withdrawal was expressly agreed in the contract, another statutory right of withdrawal exists or if im-jaich GmbH & Co. KG expressly agrees to the cancellation of the contract. The agreement of a right of withdrawal and any consent to a cancellation of the contract must be made in text form.
4.2 If a deadline for free cancellation of the contract or a limited-time special right of termination has been agreed between im-jaich GmbH & Co. KG and the customer, the customer may cancel the contract up to that deadline without triggering any payment or damage claims from the resort. The customer's right of cancellation expires if they do not exercise their right to cancel with the resort by the agreed deadline.
4.3 If no right of withdrawal has been agreed upon or has already expired, and no statutory right of withdrawal or termination exists, and the resort does not agree to a cancellation of the contract, the resort retains its claim to the agreed remuneration despite the service not being used. The resort may assert its claim for performance either in a specific amount or as a lump sum, as described below, taking into account any expenses saved.
Cancellation policy for direct bookings or bookings made via the website of im-jaich GmbH & Co. KG:
For cancellations from the time of conclusion of a binding accommodation contract up to 42 days before arrival, a processing fee of EUR 15 per booked property will be charged.
The following then applies:
up to 21 days before arrival date 45% of the service price
up to 14 days before arrival date 60% of the service price
up to 7 days before arrival date 80% of the service price
from 6 days before arrival date 90% of the service price
The date of receipt at the resort is decisive for calculating the deadline.
4.4 For bookings expressly marked as non-cancellable, no refund of payments made will be made in the event of cancellation or no-show.
4.5 The cancellation periods and fees via third-party portals may differ from those of im-jaich GmbH & Co. KG. The conditions of the third-party portals apply to the customer.
4.6 Travel cancellation insurance is not included in the travel price. We recommend taking out separate travel cancellation insurance with our partner ERV travel insurance. This can be done within 14 days of concluding the contract.
4.7 If the guest does not use the booked service, there is no entitlement to a refund.
5 WITHDRAWAL OF THE RESORT
5.1 If it has been agreed that the customer can withdraw from the contract free of charge within a certain period of time, the resort is entitled to withdraw from the contract during this period if there are inquiries from other customers about the contractually booked accommodation and the customer does not waive his right of withdrawal when asked by the resort within a reasonable period of time.
5.2 If an advance payment or security deposit agreed or requested in accordance with Section 3.6 and/or Section 3.7 is not made even after the expiry of a reasonable grace period set by the Resort, the Resort is also entitled to withdraw from the contract.
5.3 The resort is entitled to withdraw from the contract for objectively justified reasons, in particular if
5.4 The justified withdrawal of the resort does not give rise to any claim of the customer to
Damages.
6 ACCOMMODATION PROVISION, HANDOVER AND RETURN
6.1 The customer does not acquire any right to the provision of specific accommodation, see paragraph 1.2 above.
6.2 Booked accommodation is available to the customer from 16:00 p.m. on the agreed arrival day. The customer has no right to earlier availability.
6.3 On the agreed departure day, the resort's accommodation must be vacated by the guest by 10:00 a.m. at the latest. After that, the resort can charge 18% of the full accommodation price (list price) for use beyond the contractual period until 00:50 p.m. due to the late vacating of the accommodation, and 18% from 00:90 p.m. This does not constitute grounds for contractual claims by the customer. The customer is free to prove that the resort has no or a significantly lower claim to usage fees.
6.4 The holiday home/apartment may only be used by the maximum number of people stated in the description. In the event of overcrowding, im-jaich GmbH & Co. KG has the right to refuse occupancy of excess persons.
7 LIABILITY OF THE RESORT
7.1 im-jaich GmbH & Co. KG is liable for damages caused by it resulting from injury to life, body or health. Furthermore, im-jaich GmbH & Co. KG is liable for other damages that are based on an intentional or grossly negligent breach of duty by the resort or on an intentional or negligent breach of typical contractual obligations of the resort. A breach of duty by a legal representative or vicarious agent is equivalent to a breach of duty by the resort. Further claims for damages are excluded unless otherwise regulated in this Section 7. Should disruptions or defects in the services of the resort occur, the resort will endeavor to remedy the situation upon knowledge of the problem or upon immediate complaint by the customer. The customer is obliged to do what is reasonable to remedy the problem and to minimize any possible damage.
7.2 If the customer is provided with a parking space in the resort car park, even for a fee,
is made available, no custody agreement is concluded.
The resort is only liable for loss of or damage to parked or maneuvered motor vehicles on the resort property and their contents in accordance with the above section 7.1, sentences 1 to 4.
7.3. Any items left behind by the guest will only be sent on request and at the customer's expense and risk. The resort will keep the items for up to 6 months and charge a reasonable fee.
8 FINAL PROVISIONS
8.1 Changes and additions to the contract, the acceptance of applications or these General Terms and Conditions should be made in writing. Unilateral changes or additions by the customer are invalid.
8.2 The place of performance and payment as well as the exclusive place of jurisdiction - also for disputes over checks and bills of exchange - in commercial transactions is the Stralsund District Court. If a contractual partner meets the requirements of Section 38 Paragraph 2 of the Code of Civil Procedure and does not have a general place of jurisdiction in Germany, the Stralsund District Court shall be the place of jurisdiction.
8.3 German law applies. The application of the UN sales law and the conflict of laws is excluded.
8.4 Should individual provisions of these general terms and conditions be or become ineffective or void, this shall not affect the validity of the remaining provisions. In addition, the statutory provisions apply.
Version of 01.06.2025
im-jaich GmbH & Co. KG
Wasserferienwelt Rügen
Am Yachthafen 1
18581 Lauterbach
Phone 038301 809-0
Fax 038301 809-10
E-Mail: info@im-jaich.de
im-jaich GmbH & Co. KG
Naturoase Rügen
Am Yachthafen 1
OT Drigge
18574 Gustow
Telephone 03 83 07 – 41 99 66
Fax 03 83 07 – 41 99 67
E-Mail: naturoase@im-jaich.de
contractual bases
There is a rental agreement between the parties, not a storage or safekeeping agreement. Unless otherwise stated in this contract, the statutory rental regulations and the port regulations apply. The tenant is not entitled to sublet or transfer the berth or parking space to third parties. The landlord is entitled to assign the tenant a different berth or parking space if necessary. Commercial use of the boat brought in, in particular renting or chartering, is not permitted unless the landlord has given separate written permission for this.
liability of the landlord
The landlord is only liable for breaches of contract, damages and defects if he acted intentionally or with gross negligence. This excludes liability for personal injury, which is governed by law.
Claims by the tenant in connection with a low water depth in the harbor are excluded. The tenant is advised that the water depth in the entire harbor area can vary due to sediment in the harbor basin and varying water levels. The tenant can therefore neither contractually require a specific and constant water depth nor make claims in the event of changes.
Tenant's liability/insurance
The renter is obliged to take out a suitable and standard liability insurance for both property damage and personal injury, and to provide proof of this upon request. The renter is liable for all damage that he or persons he has employed to operate the boat negligently cause within the port facility, as well as for all damage that arises from a negligent breach of this contract. This also applies to damage caused to other renters. The renter is liable for all negligent contamination of the company premises, the jetties and the water. The renter is obliged to take out hull insurance that corresponds to the value of the boat during the term of the rental agreement.
care
The lessor will not assume any duty of care for items brought in by the renter. The renter is obliged to secure the boat and the running and standing rigging, masts, etc. in such a way and to use fenders to prevent damage to the equipment or other boats, even in adverse weather conditions. Loose inventory must be kept under lock and key and flammable materials must be stored safely on board. The risk of loss and damage, particularly due to storms, weather, ice drift, fire and theft, is borne by the renter. Parts of the boat must not restrict traffic on the piers or on the water.
access and repair work
The tenant allows the harbor masters and representatives of the lessor to enter the boat for official purposes. The presence of third-party companies and boat maintenance personnel as well as repair and overhaul work are not permitted on the entire company premises and harbor area without the express consent of the lessor. All work on the boats must be carried out within the framework of applicable regulations in such a way that any obstruction or nuisance to other tenants is kept to a minimum. This also applies to noise and similar disturbances.
use of the company premises
The tenant is not entitled to place or store other items on the rented area or the landlord's premises without the landlord's permission. In particular, the following items require permission:
The parking of vehicles of all kinds on the company premises, the storage of engines, tanks, gas bottles, ammunition, fuel and other flammable substances, the storage and mooring of other boats belonging to the tenant or third parties that are not intended for the rental area.
labeling requirement
For the duration of the contract, the tenant is obliged to affix an identification mark (sticker) provided by the landlord to the boat, which is clearly visible from the land connection associated with the berth.
termination of the tenancy
The tenant must vacate the berth or parking space at the end of the contract and restore it to its original condition. A tacit extension of the rental agreement is excluded. If the berth or parking space is not vacated on time, the landlord is entitled to charge daily berthing fees at the usual rates.
Tenant's obligations at the end of the summer season
The summer season ends at the same time as the period described in the contract. If the landlord does not have a follow-up contract for a winter berth, the landlord is entitled to charge daily berth fees at the usual rates for the following period if the berth is not vacated on time after a grace period of one week. The tenant must restore the berth to its original condition at the end of the summer season.
absence of the tenant
The landlord is permitted to sublet the berth to third parties if the tenant does not use it for more than 24 hours. The tenant is obliged to inform the harbor master of the dates and duration of such absence in advance and to indicate this by means of a corresponding sign on the berth. This is intended to enable optimal utilization of the limited berths available in the harbor. In such a case, the tenant is not entitled to a reduction or decrease in the rent. The tenant can only use his berth 24 hours after he has notified the landlord of his return. The tenant cannot use the berth because he notified the landlord of his return too late, the landlord will assign him another free guest berth without additional compensation. If the landlord cannot assign a free berth, the tenant is only entitled to his berth after 24 hours have passed. In this case, the landlord is not obliged to pay compensation. The tenant cannot reduce the rent.
Special features and obligations of the tenant for winter parking spaces
If the boat is to be launched early or outside the usual order at the request of the renter or due to termination of the rental agreement without notice, the renter shall bear the additional costs incurred by the lessor as a result, including the costs of transporting other boats that may be necessary. The renter is obliged not to store any flammable substances, such as fuel, gas bottles, ammunition, paints, etc. on board the ship during storage, and the renter is obliged to keep loose inventory, accessories, etc. under lock and key. The lessor points out that storage in open storage with the mast upright represents an increased risk and recommends that the mast be laid and stored properly. Should the renter nevertheless insist on storing the boat with the mast upright at his own request and risk, the lessor will raise concerns as a precautionary measure and will be released from all liability upon the customer's signature.
termination without notice
The tenancy can be terminated at any time without notice for good cause. The following good cause exists for the landlord to terminate the tenancy without notice: the tenant is one month late in paying; the tenant repeatedly violates the landlord's general terms and conditions or his other obligations under the tenancy agreement; the tenant repeatedly causes serious harassment towards the landlord, his employees or other tenants. After receiving notice of termination without notice, the tenant must vacate the berth or parking space immediately; the tenant cannot assert any rights of retention.
Other
The tenant is obliged to keep the berth or parking space clean and to comply with all legal regulations, particularly with regard to environmental matters. He is obliged to have the necessary qualifications to drive a boat in accordance with the legal requirements. The tenant takes over the berth or parking space in the condition in which it is found, excluding any warranty in this regard. The landlord's lien applies.
Amendment of the contract/legal validity
Changes or additions to this contract must be made in writing. This also applies to the written form requirement itself. Should a clause of this contract be or become invalid, this will not affect the validity of the rest of the contract. Such an invalid clause will be replaced by one that comes closest to the legal and economic interests of the parties. The same applies to a regulatory gap. The place of performance is the lessor's place of business.
Privacy Policy
The personal data collected in connection with this contract will be used, processed and stored exclusively for this rental purpose in compliance with the provisions of the Federal Data Protection Act and other legal requirements for as long as they are required for the contractual relationship.
Status of Terms and Conditions: February 2019
