General Terms & Conditions

• I. Scope
• II. Conclusion of contract
• III. Right of withdrawal
• IV. Payment terms
• V. Special provisions for gift certificates
• VI. Special provisions for promotional vouchers
• VII. Changes to the GTC or our services
• VIII. Data protection
• IX. Customer Service
• X. Consumer Arbitration Board
• XI. Applicable Law and Jurisdiction

I. Scope

The following General Terms and Conditions (hereinafter referred to as T&C) apply to all contracts concluded via our Internet presence between you as our customer and us.

Fleesensee Feriendorf GmbH
Managing Director: Michael Scharf, Mario Reincke

Tannenweg 1
17213 Göhren-Lebbin

Phone: +49 39932 80300
Email address: info@beechresort-fleesensee.com

Register court: Amtsgericht Neubrandenburg
Register number: HRB 20205

II. Conclusion of contract

(1) The presentation and advertising of products on our website does not itself constitute a binding offer to conclude a contract, but only the invitation to submit such an offer (application).

(2) You can submit your offer via the online ordering facility provided on our website, via contact form, by e-mail, by telephone. The GTC become part of the contract if we refer you to the GTC when concluding the contract, give you the opportunity to take note of their content and you agree to the validity of the GTC.

(3) The conclusion of the contract via the online ordering option of our Internet presence takes place in the following steps:

(a) You can select the products offered on our Internet presence and place them in the electronic shopping cart. Before sending the order, you can view and change the contents of the shopping cart at any time. You can correct your entries using the usual mouse and keyboard functions as well as the back function of your internet browser before completing the ordering process by clicking on the Jetzt buchen button. You can identify any input errors by carefully reading the information displayed via your Internet browser and by carefully checking the data you have entered. If necessary, you can also use the enlargement function (magnifying glass function) of your Internet browser for this purpose. You can also terminate the ordering process at any time by closing the window of your Internet browser.

(b) By submitting an order via the online ordering option of our website by clicking the button 'Jetzt buchen', you place a legally binding order for the products in the shopping cart. However, this request can only be submitted and transmitted if you have previously accepted these GTC by selecting the appropriate checkbox.

(c) We will confirm receipt of your order immediately by e-mail. In this e-mail, your order will be listed again. You can print this out using the print function. This automatic confirmation of receipt merely documents that we have received your order; it does not yet constitute acceptance of your application, unless we expressly declare acceptance therein at the same time as confirming receipt.

(d) You shall be bound by the order for a period of 14 days after placing the order; your right to revoke your order, if any, shall remain unaffected.

(e) The contract shall not be concluded until we have declared acceptance of your application. This declaration is usually made with a separate e-mail (order confirmation).

(4) In our e-mail confirming receipt or order or in a separate e-mail, we will send you the text of the contract on a durable medium, for example as an e-mail or paper printout (contract confirmation). The contract text consists of your order, our terms and conditions and the order confirmation.

(5) The contract text will be stored by us in compliance with data protection. Apart from the above sending, we keep Per E-Mail in Form der Reservierungsbestätigung zugesendet.

(6) The contract shall be concluded in the German language.

(7) If you have provided your email address as part of the ordering process, or indeed as part of any other enquiry, it is your responsibility to ensure that the email address you have provided exists, is correct and that you are able to receive emails at that email address from us or from any third party contracted by us to process your order. Automatic SPAM filters are to be configured or monitored accordingly.

(8) You agree to an invoice transmitted electronically.

(9) All prices stated on our website are total prices including VAT and other price components plus shipping and handling.

III. Right of withdrawal

If you are a consumer in the sense of § 13 BGB (German Civil Code), i.e. a natural person who places the order for a purpose that can predominantly be attributed neither to his commercial nor to his independent professional activity, you are entitled to a right of withdrawal in accordance with the statutory regulations. Further information on the right of withdrawal can be found in our cancellation policy.

IV. Payment terms

We offer the following methods of payment:

(1) Payment in advance: we offer you a payment in advance by bank transfer. If you select this payment method, our claim to payment of the agreed price becomes due upon conclusion of the contract, subject to a deviating agreement.

(2) Payment on account: We offer you a payment on account. If you select this payment method, our claim to payment of the agreed price shall become due after our service has been provided and an invoice has been issued in this respect. Unless otherwise agreed, the agreed price is payable within of receipt of the invoice without deduction.

(3) Payment by SEPA direct debit: We offer payment by SEPA direct debit. Our claim to payment of the agreed price becomes due after the SEPA direct debit mandate has been issued, as soon as the period for advance information to make payment by direct debit, so-called prenotification, has expired. This prenotification is a notification to you announcing a payment collection by SEPA Direct Debit and is intended to enable you to prepare for the collection and to ensure that your account is covered at least in the amount of the payment. The collection will not take place until the period for prenotification has expired and the goods ordered by you have left our warehouse. In the event that a payment collection by SEPA direct debit is not possible because the specified account is not sufficiently covered, incorrect bank details have been provided or you object to the collection without justification, you shall bear those fees incurred by a chargeback of the relevant credit institution in the event that you have to represent.

(4) Payment processing via the payment service provider PayPal: We offer you the following options for payment processing via the payment service provider PayPal (Europe) S.à.r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter referred to as PayPal):

PayPal or PayPal Express: If you select this payment method, you will be redirected to the PayPal website during the ordering process. In order to be able to make the payment, you must register there or log in with your access data there. The terms of use of PayPal apply, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full. If you have legitimized yourself there with your access data, you must confirm the payment instruction to us. We will request PayPal to initiate the transaction of the payment following the submission of your order.

For a payment processing via PayPal, the General Terms and Conditions of PayPal https://www.paypal.com/de/webapps/mpp/ua/legalhub-full, the PayPal Terms of Use https://www.paypal.com/de/webapps/mpp/ua/useragreement-full and the provisions for 'Payments without a PayPal account' https://www.paypal.com/de/webapps/mpp/ua/privacywax-full apply in addition.

V. Special provisions for gift certificates

(1) We offer the purchase of gift certificates on our website. Gift vouchers are, unless otherwise agreed, vouchers issued by us and redeemable exclusively with us on our website. The following regulations apply to gift vouchers.

(2) Gift vouchers purchased from us will be provided to you by download, by e-mail, by mail.

(3) Unless otherwise agreed, gift vouchers can only be redeemed in our online shop before the order process is completed. Gift vouchers cannot be redeemed at a later date. You may redeem more than one gift certificate on the same order.

(4) You cannot use one gift certificate to purchase additional gift certificates. You can only redeem gift certificates for the purchase of products.

(5) If the total value of your order exceeds the value of the gift certificate, you may pay the amount not covered by the value of the gift certificate using the payment methods we offer.

(6) Gift vouchers are transferable to and may be redeemed by third parties. We may make payment to the person redeeming the gift voucher with discharging effect unless we have knowledge or grossly negligent ignorance that such person is not legally competent, not entitled or not authorized to represent us.

(7) Unless otherwise agreed, you may redeem a gift certificate until the end of the third year following the year of the gift certificate purchase. Unless otherwise agreed, the foregoing also applies to any balance remaining on a gift certificate and credited to it.

(8) Cash payment of the credit balance on the gift voucher or interest thereon will not be made.

VI. Special provisions for promotional vouchers

(1) We also offer promotional vouchers on our website. Unless otherwise agreed, promotional vouchers are vouchers that we provide to you free of charge in connection with promotions, that cannot be purchased, that are only valid for a limited period of time and that can only be redeemed on our website. The following regulations apply to promotional vouchers.

(2) Unless otherwise agreed, promotional vouchers can only be redeemed on our website before the order process is completed. After the expiry of the validity period, promotional vouchers can no longer be redeemed. Promotion vouchers cannot be subsequently offset.

(3) We are entitled to limit the validity of the promotional vouchers to certain products or to exclude the validity for certain products. Any such restriction will be determined by the contents of the relevant promotional voucher.

(4) The total value of your order must equal or exceed the stated value of the promotional voucher. Any difference between these values, i.e. any remaining balance, will not be refunded by us.

(5) If you exercise your statutory right of cancellation and return the relevant goods which you have paid for in whole or in part with the promotional voucher, no refund of the value of the promotional voucher will be made.

(6) No cash payment of the value of the promotional voucher or interest thereon will be made.

(7) If the total value of your order exceeds the value of the promotional voucher, you may pay the amount not covered by the value of the promotional voucher using the payment methods we offer.

(8)

VII. Changes to the GTC or our services

(1) We reserve the right to change our T&Cs or our services,

(a) if our T&Cs or our services have to be adapted to the applicable law, in particular in the event of a change in the legal situation, developments in case law or if we have to comply with a judicial or official decision,

(b) if technical or procedural changes that do not have a material impact on you make it necessary to change the T&Cs or our services,

(c) if we offer new or additional services that must be included in the T&Cs and this does not adversely affect the contractual relationship we have with you, or

(d) if the changes to our T&Cs or our services are merely legally advantageous to you.

(2) You will be notified of any changes in writing, by fax or by email. If you do not object to this change within six (6) weeks after receipt of the notification, the changes shall be deemed accepted by you. You will be informed separately of the right to object and the legal consequences of silence.

(3) Your rights regarding the termination of the contractual relationship with us remain unaffected.

VIII. Data protection

For information on the processing of personal data, please refer to our privacy policy.

IX. Customer Service

For questions, complaints or claims, you can reach us by phone at +493993280300 and by email at info@beechresort-fleesensee.com.

X. Consumer Arbitration Board

We are not willing and not obliged to participate in any dispute resolution procedure before a consumer arbitration board.

XI. Applicable Law and Jurisdiction

(1) The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. Statutory provisions on the restriction of the choice of law and on the applicability of mandatory provisions, in particular of the state in which you as a consumer have your habitual residence, shall remain unaffected.

(2) If you as a customer are a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between you and us is our registered office. Otherwise, the applicable statutory provisions shall apply to the local and international jurisdiction.

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Right of withdrawal for service contracts

Consumer is any natural person who enters into a legal transaction for purposes that can be attributed predominantly neither to his commercial nor his independent professional activity.

Right of withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the date of conclusion of the contract. To exercise your right of withdrawal, you must send us

Fleesensee Feriendorf GmbH
Managing Director: Michael Scharf, Mario Reincke

Tannenweg 1
17213 Göhren-Lebbin

Phone: +49 39932 80300
Email address: info@beechresort-fleesensee.com

Register court: Amtsgericht Neubrandenburg
Register number: HRB 20205

by means of a clear declaration (e.g. a letter sent by post or e-mail) of your decision to revoke this contract. For this purpose, you may use the enclosed model revocation form, which, however, is not mandatory.To comply with the withdrawal period, it is sufficient that you send the notice of exercise of the right of withdrawal before the expiry of the withdrawal period.

Consequences of revocation

If you revoke this contract, we must repay you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without undue delay and at the latest within fourteen days from the day on which we received the notification of your revocation of 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 for this repayment. If you have requested that the services begin during the withdrawal period, you shall pay us a reasonable amount corresponding to the proportion of the services already provided up to the time you notify us of the exercise of the right of withdrawal in respect of this contract compared to the total scope of the services provided for in the contract.

Early expiration of the right of withdrawal

The right of withdrawal expires early with the complete provision of services

• in contracts for the provision of services free of charge.
• in contracts for the provision of services against payment, provided that you have expressly agreed that the provision of services is started before the expiry of the withdrawal period and you have received from us a confirmation of your consent and knowledge of the early expiry of the right of withdrawal on a durable medium.

Model cancellation form

(If you wish to cancel the contract, please complete and return this form.)

• To: Fleesensee Feriendorf GmbH
  Managing Director: Michael Scharf, Mario Reincke
  
  Tannenweg 1
  17213 Göhren-Lebbin
  
  Phone: +49 39932 80300
  Email address: info@beechresort-fleesensee.com
  
  Register court: Amtsgericht Neubrandenburg
  Register number: HRB 20205
  
  
• I/we (*) hereby cancel the contract I/we (*) have entered into for the supply of the following service
• Ordered on (*)/Received on. (*)
• Name of consumer(s)
• Signature of consumer(s)
• Signature of consumer(s) (only if notice is given on paper)
• Date

(*) Delete as applicable.