Terms and conditions Clofers
General conditions Clofers ENG
Right of withdrawal
Clofers Holiday Parcs, hereinafter referred to as Clofers, reminds you that reservations you make are legally final and that the legal cooling-off period of 14 days does not apply. Of course, subject to the applicable cancellation conditions further explained in these general conditions.
1 Application
1.1 These general terms and conditions apply to all offers, reservations and agreements relating to all accommodation and other facilities let by Clofers.
1.2 In these general terms and conditions, the terms ‘tenant’ and ‘you’ mean the person who enters into an agreement with Clofers in relation to rental/use of accommodation and/or other facilities. The term user, also referred to as guest, means: the tenant and persons specified by the tenant who (will) use the accommodation and/or other facilities rented by the tenant.
1.3 These general terms and conditions shall apply regardless of your (prior) reference to any of your own terms and conditions or other general terms and conditions. Clofers rejects all general terms and conditions referred to or used by you.
1.4 Agreements varying from these general terms and conditions are only valid if agreed in writing.
2 Reservations
2.1 Clofers only accepts reservations from persons 18 years of age or older. Reservations by persons younger than that age are therefore not valid.
2.2 Clofers reserves the right, without giving reasons, to refuse different reservations, especially groups, or to impose special conditions.
2.3 If Clofers accepts your reservation, Clofers will send you a confirmation within 14 days of making the reservation. You should check this for accuracy immediately on receipt. Any inaccuracies should be reported without delay.
2.4 If you do not receive a confirmation/invoice within 14 days of making the reservation, you should contact Clofers without delay. Failing this, the reservation cannot be invoked.
2.5 A contract is formed between you and Clofers when Clofers has confirmed the reservation to you.
2.6 The agreement concerns the rental of an accommodation or other facility for recreational use, which by its nature is of short duration.
3 your agreement
If your reservation cannot go ahead in whole or in part because the park in question is (in whole or in part) closed down in order to comply with the guidelines and/or instructions of the (local) government or relevant public health authorities, at Clofers’ discretion, you will receive a voucher worth the amount you paid for your reservation. This voucher is valid for 12 months and can be used as payment for making a new reservation. The offering of a voucher under these circumstances is part of the agreement and does not qualify as an amendment to the agreement.
4 changes in the agreement
4.1 If, after the formation of the agreement, you wish to make changes to the agreement, Clofers is not obliged to accept them. It is at the discretion of Clofers to determine whether and to what extent it accepts that change. In the event that Clofers accepts your change, a change fee of 50 euros will be charged by Clofers if the change is requested 28 days or less before the start of your stay.
4.2 Changes to the arrival date and/or location from 28 days before arrival are not permitted. In these cases the cancellation fees as described in these general terms and conditions will apply.
4.3 If, after the conclusion of a contract of more than one accommodation and/or facility, you wish to cancel the number of accommodations and/or facilities, the cancellation conditions as described in these general terms and conditions will apply.
4.4 If, due to other circumstances, Clofers has to make a change to a booking booked by you involving location, period of stay or type of accommodation, Clofers can offer you a suitable alternative.
5 Transfer
5.1 The tenant and other users are not permitted to assign the accommodation and/or facility under any name and for any reason to any person other than those named in the contract, unless otherwise agreed in writing with Clofers.
5.2 If you and Clofers have agreed that you and/or one or more users will be replaced, you, in addition to the tenant and/or users replacing you and/or other users, remain jointly and severally liable to Clofers for the payment of the outstanding portion of the rental charge, the amendment charges (see clause 4.1) and any additional costs resulting from the replacement and any cancellation charges.
6 Prices
6.1 You owe Clofers the agreed rental price, as stated in the booking confirmation/invoice.
6.2 Price discounts and/or special offers can no longer be used once the confirmation of the reservation/invoice has been sent by Clofers.
6.3 All prices are, where applicable, inclusive of VAT, unless otherwise stated.
6.4 Clofers has the right to implement and set off price increases as a result of interim adjustments to statutory regulations or provisions (including but not limited to VAT, tourist tax, insurance tax) over which Clofers has no control.
7 Additional Charges
7.1 You/the tenant will be liable for any booking and handling fees, charges for bed linen and tourist tax in addition to the rent.
7.2 The tourist tax fee is set by the municipality of the location and is payable by you at all times.
8 Payments
8.1 Within 14 days of making a reservation you are required to make a deposit of 30% of the total amount payable. For reservations made within 8 weeks before the day of commencement of your stay, the full amount is to be paid at once.
8.2 The balance of the rental price must be received by Clofers no later than 8 weeks before the day of commencement of your stay with Clofers as stated in the booking confirmation.
8.3 For reservations made within 30 days before the start of your stay, the total amount payable must be paid immediately at the time of booking. Failure to pay in accordance with the above may result in Clofers denying you the use of the accommodation and/or other facility. If it later transpires that a payment order had been given by you, but the amount had not yet been credited to Clofers’ bank account on arrival, the excess payment will be refunded afterwards.
8.4 In case of late payment of the amounts invoiced to you, you will be in default immediately after the expiry of the payment term. If (timely) payment is not made, Clofers is entitled to rescind (cancel) the agreement. You are liable for all losses suffered or to be suffered by Clofers as a result, including all costs incurred by Clofers in connection with your reservation and the cancellation. In any case, Clofers has the right to charge a cancellation fee per accommodation. In this case, the provisions of Article 15 shall apply.
8.5 Clofers is always entitled to set off claims against you on any account against any amounts paid by you on any account.
8.6 In the case of a last minute reservation with an arrival within 48 hours then payment shall be made in cash or by credit card at Clofers reception.
8.7 Clofers is always entitled, both before and after the conclusion of the rental agreement, to require security for payment, subject to suspension of the performance of the rental agreement until the security has been provided; all this without prejudice to Clofers’ right to performance, compensation and/or full or partial cancellation, all this without any judicial intervention and without Clofers being obliged to pay any compensation.
9 Arrival and departure
9.1 The rented accommodation can be occupied on the agreed day of arrival as stated on the booking confirmation from 16.00 hours and until 19.00 hours at the latest. In case of arrival outside these times, please contact Clofers. Clofers is not obliged to cooperate with an arrival outside the set times.On the agreed day of departure mentioned on the booking confirmation, the accommodation must be vacated before 10.00 am. In exception to previous departure, it is possible to check out later. For this, Clofers reserves the right to charge a fee. The late check out must be agreed upon at least 48 hours before departure. The additional costs it entails will have to be paid immediately. This can only be agreed based on availability.
9.2 If you wish to continue the contract with Clofers for a longer period than the agreed duration and Clofers agrees to this in writing, Clofers is always entitled to designate alternative accommodation.
9.3 If the use of the accommodation and/or other facilities is terminated earlier than the agreed date stated on the booking confirmation, the tenant is not entitled to a refund of (part of) the rent and/or costs by Clofers. If you have travel insurance and you meet the conditions set by the insurance company, you can make a claim for damages on account of earlier termination of your stay directly to the insurance company.
10 Rules.
10.1 All guests must abide by the rules established by Clofers for the parks. These are set out in the park regulations which must be signed at check-in.
10.2 In accordance with local regulations, all guests are required, if requested, to show identification at check-in. If guests cannot show identification, Clofers may decide not to accommodate the guests
10.3 Each accommodation may only be occupied by the maximum number of persons listed on the Clofers website for the relevant accommodation.
10.4 If the restaurant, cafe, and hall rental companies present at the park provide catering services to you or enter into catering agreements with you, these services and agreements are subject to the Uniform Catering Conditions.
10.5 In order to carry out necessary maintenance, you shall allow work to be carried out on the accommodation or other facilities during your stay without entitlement to compensation.
10.6 For safety reasons it is not permitted to place tents near the accommodation.
10.7 The Lessee must leave the accommodation clean and tidy. No dirty dishes left, bed linen removed and folded, kitchen and refrigerator cleaned, garbage bag in the container. In addition, the furniture must be put back in the original way. Failure to comply with this rule will result in a charge of 75 euros per violation.
10.8 The tenant and users are obliged to rent bed linen from Clofers at the accommodation.
10.9 Electric vehicles may NOT be charged via a charging cable connected to the power network of the accommodation in question. Upon detection of this fact, an amount of 100 euros excluding VAT and administrative costs of 12.50 euros will be charged.
10.10 In case of violation of the rules contained in these general terms and conditions, as well as rules and regulations referred to in these general terms and conditions, Clofers has the right to immediately remove you, the tenant and any other user from the park, without refund of the rent or any part thereof.
10.11 If Clofers employees seriously suspect that the tenant of an accommodation is acting in breach of the law and/or public order and/or public decency, Clofers employees are authorized to gain access to the accommodation.
11 Pets
11.1 Pets are not allowed for guests of Clofers in all our accommodations.
12 Use of accommodation; inventory
12.1 The tenant/user and those accompanying the tenant are each jointly and severally liable for an orderly course of events in and around the rented accommodation and for the use of the accommodation and the equipment present therein.
12.2 In addition, the tenant/user and those accompanying the tenant are always jointly and severally liable by breakage and/or loss and/or damage of inventory and/or accommodation. Any damage must be immediately reported by the tenant to Clofers and immediately compensated on the spot, unless the tenant can prove that the occurrence of the damage is not due to the fault of himself, other users or one of the members of his party.
13 Internet use
13.1 Depending on the accommodation, Clofers offers the tenant/user and those accompanying the tenant access to the Internet via a Wifi Network or via cable.
13.2 The tenant is responsible for the correct use of the Internet as well as the necessary hardware and software, configuration, peripherals and connections to support it and measures to secure computer or operating system.
13.3 Clofers is not liable for damages resulting from the use of the Internet or as a result of network failures.
13.4 The renter/user and those accompanying the renter, when using the Internet, must behave as may be expected of a responsible and careful Internet user, must respect the legal rules and must refrain from behavior that would inconvenience other Internet users or cause damage to Clofers in the broadest sense of the word. The tenant/user and those accompanying the tenant shall refrain from visiting websites that are of an unlawful nature or inconsistent with Clofers’ reputation as an accommodation provider.
13.5 Upon discovery or suspicion of nuisance from third parties and/or (other) Internet abuse by the tenant/user or those accompanying the tenant, Clofers has the right, without further notice, to block access to the Internet or not completely.
13.6 The tenant indemnifies Clofers against claims by third parties for compensation for damage that these third parties might (try to) recover from Clofers in any way, insofar as this liability is based on the use made of the Internet by the tenant/user and those accompanying the tenant.
14 Deposit
14.1 The tenant must pay a deposit of 250 euros at the beginning of the stay. This deposit can be paid by SEPA authorization or by payment.
14.2 The deposit serves to guarantee damage and/or costs -in the broadest sense of the word- that Clofers may suffer in the event of non-compliance with the obligations of the tenant/user and those accompanying the tenant.
14.3 In the event that the deposit is not paid immediately, Clofers is entitled to deny the tenant of the accommodation access to and use of this accommodation
14.4 Furthermore, if you, the tenant, default on the payment of the deposit, Clofers is entitled to terminate (cancel) the agreement with immediate effect.
14.5 The deposit or any balance thereof will be refunded after settlement of claims (damage to inventory/accommodation and/or other costs) of Clofers on the tenant and/or users. Any (further) claims for damages are not negated by this refund. Clofers aims to pay the balance of the deposit within 14 days of departure.
14.6 If the agreement is cancelled due to failure to pay the deposit, you, the tenant, are not entitled to a refund of the travel sum or any part thereof.
15 Cancellation costs
15.1 Within 14 days of making the reservation, the reservation can be cancelled free of charge unless the cancellation is made 30 days or less before the start of your stay. If a payment was made with a voucher, you will receive a new voucher for this purpose.
15.2 If a reservation is cancelled after 14 days of making the reservation or within 30 days before the start of your stay, a cancellation fee will be payable. These cancellation costs are 30% of the total amount if cancelled up to 30 days before the day of arrival and the full amount if cancelled from the 30th day before arrival or later.
15.3 You can insure yourself against cancellation risks by taking out cancellation insurance at the same time as your reservation.
15.4 If you have not arrived within 24 hours of the agreed date without further notice, this is considered a cancellation. In that case, you will owe the full total amount.
16 Force majeure
16.1 In the event that Clofers is unable, temporarily or otherwise, to execute the agreement in whole or in part due to force majeure, Clofers may, within 14 days of becoming aware of the impossibility of fulfilling the agreement, propose an amendment. The suspension of the fulfillment of the obligations by Clofers is allowed if circumstances beyond the control of Clofers occur. In this case, Clofers will not be obliged to compensate any damage or costs.
16.2 Force majeure on the part of Clofers exists if Clofers is prevented in the performance of the agreement in whole or in part, temporarily or otherwise, by circumstances beyond the control of Clofers, including, but not limited to, the threat of war, personnel strikes, blockades, fire, floods, pandemics and other disturbances or events. Reporting on the official websites of the (local) government of the country of destination and/or origin is leading herein. The measures advised by the government must be valid in the planned vacation period.
17 Termination
Clofers has at all times the right to terminate the agreement with immediate effect, if at the time of booking personal data of you and/or other users are incomplete and/or incorrect. In such a case, there will be no refund of the rent or any part thereof.
18 Liability
18.1 Clofers is not liable for theft, loss or damage of or to property or persons, of any nature whatsoever, during or as a result of a stay on one of our lots and/or the rental/use of Clofers’ accommodation, unless there is wilful misconduct or gross negligence by Clofers or one of its employees.
18.2 Clofers is not liable for service failures or defects in services provided by third parties.
18.3 You/the tenant and each user shall be jointly and severally liable for all loss and/or damage to the rented accommodation and/or other property of Clofers arising during its use by you and/or other users, whether or not this is the result of acts or omissions of yourself and/or third parties who are on the park with your permission.
18.4 You/the tenant shall indemnify Clofers against all claims for damages by third parties resulting from any act or omission by yourself, other users, your travel companions or third parties who are in the park with your permission.
18.5 In case of improper use or failure to leave the accommodation in a proper condition, including and not limited to excessive dirt, extra costs will be charged, which you are obliged to pay immediately.
19 Complaints
Despite the care and effort of Clofers, you may consider that you have a justified complaint regarding your vacation accommodation. In the first instance, you should report this complaint on site and directly to an employee of the park of your stay. Should the complaint not be dealt with to your satisfaction, you will have the opportunity to submit your complaint in writing no later than 30 days after your departure from the holiday park: office@clofers.com mentioning your reservation number, contact details, date of stay, park name and accommodation number. The complaint will then be handled with the utmost care. Should this also not lead to a satisfactory solution, you have until 3 months after leaving the park at the latest to make the complaint known to a lawyer or jurist from Austria.
20 Applicable law
The agreement between you and Clofers is governed by the fundamental rights in the European treaties with the graduated rights Austrian law.
21 Travel documents
You are responsible for having the valid travel documents required for your destination. Clofers accepts no liability for the consequences of not having the correct travel documents.
22 Privacy
22.1 All data you provide to us will be included in a database. The database is used for our guest administration. This data may also be used to provide information and send offers, by ourselves or by third parties.
22.2 At your request we will correct, supplement, delete or protect your data, in case the data are for example factually incorrect. This may result in you no longer being able to use (part of) our services. You have the right to request us to inform you whether personal data relating to you are being processed.
22.3 If you do not wish to receive interesting information or offers, please let us know by sending an email to office@clofers.com.
23 Product Description
Each accommodation has been carefully managed by Clofers. Clofers guarantees the accuracy of the description of the vacation home, on the understanding that a deviation of 15% from the stated living area and distances is considered acceptable. The description and impressions of the vacation home and its immediate surroundings, including amenities, furnishings, facilities and recreational facilities, may by their nature or due to interim changes or seasonal influences differ slightly from the description on Clofers’ website.
24 General
24.1 Clofers will send its correspondence digitally, unless this proves impossible.
24.2 Obvious printing and typesetting errors do not bind Clofers.
24.3 These general terms and conditions supersede all previous publications of general terms and conditions.
