Terms and Conditions for the Accommodation and Provision of Tourist Services

Dear guests,

the company CUX-Tourismus GmbH, Cuxhavener Straße 92, 27476 Cuxhaven, telephone 04721/404200, e-mail info@cuxhaven-tours.de, hereinafter abbreviated to "CT", acts as a booking agent for hotel/private rooms and holiday accommodation in accordance with the current booking offer as well as tourist services. Contractual relationships arise directly between the accommodation establishment / service provider and the guest. The following terms and conditions, insofar as effectively included, shall become the content of the contract on accommodation services / tourist services concluded between the accommodation establishment ("BHB" abbreviated) or other service provider ("LT" abbreviated) and you. Therefore, please read these terms and conditions carefully.

1. conclusion of the accommodation / service contract, position of the CT

1.1 With the booking, which can be made verbally, in writing, by telephone, fax, e-mail or as an online booking via the internet, the guest offers the BHB/LT, represented by CT as an agent, the conclusion of an accommodation and/or tourist service contract with binding effect, which can be terminated by both contracting parties. Please noteThe BHB/LT hereby declares that according to the legal provisions after conclusion of the contract in the case of contracts for domestic tourist services, in particular in the case of contracts for accommodation, guided tours for guests and cultural events no legal right of withdrawal but only a - as a rule chargeable - withdrawal in accordance with the agreed terms and conditions (see § 3) or the statutory provisions.

1.2 The accommodation/service contract with the BHB/LT is concluded with the booking confirmation, which is made by CT as the representative of the BHB/LT.

1.3 The booking is made by the booking guest also for all people listed in the booking, for whose contractual obligations the booking guest is liable as for his own obligations.

1.4 CT has exclusively the position of an agent of the booked service and acts in the name and for the account of the BHB/LT arranged by CT - unless it is a package tour arranged by CT itself, in which case CT is the tour operator and thus directly your contractual partner.

2. reservations

2.1 Non-binding options that entitle the guest to withdraw free of charge are only possible with a corresponding express agreement with CT as the representative of the BHB/LT. If such an agreement has not been made, the booking according to sections 1.1 and 1.2 basically leads to a legally binding contract for the BHB/LT and the guest.

2.2 If a non-binding option has been agreed, the guest must notify CT by the agreed date if the option is to be treated as a binding booking. If this does not happen, the option expires without any further obligation to notify CT. If the notification is made, section 1.2 applies accordingly.

3. withdrawal of the guest

3.1 In the event of the guest's withdrawal, the BHB/LT's claim to payment of the agreed price (including the catering portion, if applicable) in accordance with the selected booking rate shall remain in force. The BHB/LT shall allow itself to be credited for any other use/utilisation of the accommodation/service and saved expenses, unless something else has been agreed via the selected booking rate (e.g. 100 % cancellation costs).

3.2 Case law recognises that saved expenses can be applied by the BHB/LT as a lump sum to the agreed booking price as follows when using the standard booking rate: Overnight stay 10% -> cancellation costs 90% Overnight stay with breakfast 20% -> cancellation costs 80% Package tour 20% -> cancellation costs 80% Overnight stay with half board 30% -> cancellation costs 70%
Service 30% -> cancellation costs 70% Overnight stay with full board 40% -> cancellation costs 60%.

3.3 We expressly recommend that you take out travel cancellation insurance or travel interruption insurance. You can obtain the relevant forms from Hanse-Merkur Versicherung or Ergo Versicherung from the CT offices. Alternatively, you can book the insurance online at www.cuxhaven-tours.de or www.duhnen.de - please follow the corresponding link. You will also find a link in your email booking confirmation.

3.4 The notice of withdrawal must be sent directly to the BHB/LT and should be in text form in the interest of the guest.

4. prices/services

4.1 The prices stated in the CT booking confirmation are final prices and include all service-related incidental costs, unless otherwise stated.

4.2 The services owed by the BHB/LT result exclusively from the content of the booking confirmation of the CT.

4.3 The guest contribution and any overnight tax charged separately will be charged separately via your BHB/RV and are not included in the final price.

4.4 The quoted room rates usually include breakfast - if not, this will be mentioned in the description.

For holiday flats, neither bed linen nor towels are usually included in the price, but can usually be rented from the BHB for an additional charge. Please clarify this with your BHB in good time before arrival.

4.5 CT charges a flat rate A/C & System Fee for bookings, rebookings and cancellations, which is payable in addition to the booking price.

5. deposit and balance payment

5.1 Upon conclusion of the contract (sending of the booking confirmation), a deposit is to be paid to CT, stating the booking number, which will be credited against the booking price. Unless otherwise agreed in the individual case (please note the payment instructions and payment targets stated in your booking confirmation), the deposit amounts to € 100.00, but at least 30% of the booking price.

5.2 Unless otherwise agreed in individual cases, the balance is payable to CT 14 days before arrival without further request.

5.3 CT does not accept credit cards, BHB/LT only occasionally. Please clarify the payment options before your arrival.

6 Liability of the BHB / RV / LT and the CT

6.1 The contractual liability of the BHB/LT for damage that is not bodily injury (including damage due to breach of pre-contractual, ancillary and post-contractual obligations) is limited to three times the booking price,

1. a) insofar as damage to the guest is caused by the BHB/LT neither intentionally nor through gross negligence or
2. b) insofar as the BHB/LT is responsible for damage incurred by the guest solely due to the fault of a vicarious agent.

6.2 The BHB/LT is not liable for service disruptions in connection with services that are merely arranged as external services (e.g. sporting events, theatre visits, exhibitions, etc.) and which are expressly marked as external services.

6.3 CT is exclusively liable for any errors made by it and its agents in the procurement process. The BHB/LT is exclusively liable for the provision of the booked service itself and any defects in the provision of the service.

6.4 Any liability of the BHB/LT according to §§ 701 ff. BGB (innkeeper's liability) shall remain unaffected by the above provisions.

7. complaints, consumer arbitration board, limitation period

7.1 Insofar as complaints occur, the guest should first contact the respective BHB/LT immediately and promptly in order to be able to remedy the situation. If the complaint is not remedied, the guest should inform the CT, which will endeavour to remedy the situation.

7.2 CT is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

7.3 Claims against the BHB/LT and the CT, with the exception of claims arising from unlawful acts, are subject to a limitation period of one year from the end of the service stated in the booking. If negotiations are pending between the BHB/LT or the CT and the guest about asserted claims or the circumstances justifying the claim, the limitation period is suspended until the BHB/LT or the CT or the guest refuses to continue the negotiations. The aforementioned limitation period of one year shall commence at the earliest 3 months after the end of the suspension.

8 Applicable law, place of jurisdiction

8.1 The exclusive place of jurisdiction in the relationship between the guest and the BHB/LT is the place of operation of the BHB/LT, usually Cuxhaven.

8.2 The entire legal and contractual relationship between the CT or the BHB/LT and guests who do not have a general place of residence or business in Germany shall be governed exclusively by German law.

8.3 The registered office of the BHB/LT or the CT is decisive for legal actions of the BHB/LT or the CT against the guest.

9. PETS

Bringing pets - of any kind - is only permitted by prior arrangement with the BHB/LT. Further information - especially on existing dog beaches - can be found at: https://www.duhnen.de/urlaub-mit-hund.html

NOTE:

As a precautionary measure, we would like to point out that there can be disruptions every spring due to sand hauling and other preparatory work on the beach. Furthermore, construction activities must be expected at any time.

Please note any legal requirements or restrictions on the use of the booking (e.g. requirements in the event of a pandemic). Current information on this can be found at https://www.duhnen.de/, if applicable.