1.1. These General Terms and Conditions relating to visits apply to all legal relationships between visitors to Tropical Island (the entire outdoor area, including car parks, outbuildings and Tropical Islands Dome) and Tropical Island Asset Management GmbH (TIAM) and Tropical Island Management GmbH (TIM) [hereafter jointly " Tropical Island Management GmbH" (TI)], insofar as they are in connection with a visit to Tropical Island.
1.2. Visitors have the right to visit Tropical Islands and use the facilities available in accordance with the following General Terms and Conditions of Visitation and the separately issued price lists.
2.1. A contract is formed once the Tropical Islands wristband with a chip for recording and wireless transmission of transaction data is handed over or by using the services offered. This also applies to the visitor's order in any medium opened by TI, for example, online or via a travel agency (promotion), and acceptance by TI, e.g. in the form of a payment request by a responsible employee of TI or a third party authorised by TI or by some other method. TI retains the right to withdraw from the contract if the visitor does not pay the corresponding fee immediately upon payment request.
2.2. Tropical Islands offers and promotions do not apply to:
a. Individuals under the influence of alcohol or inebriating substances,
b. Individuals suffering from a transmissible disease are subject to mandatory reporting within the meaning of the Protection against Infection Act, an open wound or a transmissible skin rash,
c. Individuals under the age of 14, unless accompanied by a parent or guardian or, with the consent of a parent or guardian, by another person of full age,
d. Individuals wishing to use the visitor parking spaces other than to visit the premises. These individuals are not permitted to enter any part of the Tropical Islands. Moreover, children under 14 are not permitted to use the Tropical Islands rides and attractions without the accompaniment of a parent or guardian or another authorised adult.
3.1. The Tropical Islands wristband with chip entitles the holder to use all the Tropical Islands facilities open to visitors at the time of their visit at the prices listed in the current price list. The price list is available in the entrance area and can be accessed online. All other prices for food and beverages per the statutory provisions and other services are announced at the place where the service is provided by means of posted prices or price lists.
3.2. The Tropical Islands wristband with chip includes credits and entitles the holder to use services up to 250 EUR for adults or 35 EUR for children. The credit limit can be changed at guest Service in the entrance area, e.g. increase the credit amount for adults or remove the credit amount for children. Handover of the Tropical Islands wristband with chip to children is left to the parents or guardians.
3.3. When the Tropical Islands wristband with a chip is handed over, an account is opened for the visitor on a central computer with the relevant credit limit in accordance with section 3.2. All transactions initiated by the visitor (e.g. purchase of food and beverages, use of services) are recorded to this account. Visitors can obtain information about their available account balance at any ticket office in Tropical Islands or the guest Service Counter. Visitors are assigned a personal locker number when collecting the Tropical Islands wristband with a chip. The Tropical Islands wristband with a chip acts as a key fob for opening and closing the lockers in the changing rooms.
3.4. Any use of services in excess of the credit limit on the Tropical Islands wristband with chip requires an increased authorisation in the maximum permitted amount to be made at check-out by authorised TI staff.
3.5. The entrance admission fee is payable on arrival. All services used and recorded on the visitor account as per section 3.3., as well as any surcharges payable in accordance with the price notices, are usually settled on departure once the Tropical Islands wristband with the chip is returned. Visitors receive an invoice detailing the services they have used.
3.6. If any visitors gain access to areas not included in the admission price without a booking, a surcharge of 25 Euros will be applied. The visitor reserves the right to prove a lower amount. TI reserves the right to prove a higher amount.
3.7. Vouchers of any kind, as well as evidence that entitles you to claim discounts, must be presented at the counter or at the latest at check-out on departure. The account will be credited in accordance with section 3.3.
3.8. Use of the TI shuttle bus service on the Tropical Islands grounds is free for visitors.
3.9. Visitors have no right to expect that all the services in any way advertised by TI will be available at the time of their visit. TI will indicate services unavailable in the entrance area as soon as it is clear that a service will not be available for longer. Notice of the temporary unavailability of service is provided at the place where the service is provided. The availability of a particular service depends on visitor demand and can therefore not be guaranteed by TI at all times.
4.1. Visitors are required to behave on the entire grounds in such a way that third parties are not affected. Visitors are required to refrain from doing anything that could put themselves or other people at risk. Parents are responsible for the supervision of their children.
4.2. Visitors may only enter areas designated for visitors. For example, access to the planting areas is only permitted for staff. Visitors must follow the instructions of TI staff without delay.
4.3. Visitors must refrain from doing anything contrary to good morals or endangers safety, peace, and order on the premises. It is not permitted to enter the forests on the TI premises above a forest fire warning level III (indicated by a forest fire warning level sign at the main entrance to TI.
4.4. Visitors are also required to adhere to the following rules of conduct:
a. Any contamination of the water in the swimming pools must be avoided.
b. The safety instructions posted at the individual attractions at Tropical Islands must be observed at all times. Specifically, slides may only be used after permission has been given and with a sufficient safety distance. The slide run-out area must be vacated immediately.
c. Visitors must, as a minimum, wear standard bathing attire.
d. Sun loungers are not to be reserved by using towels or similar items. TI staff are authorised to clear sun loungers that have items placed on them to reserve them.
e. Loungers may only be used with a bathrobe or dry, body-sized covering.
f. For the duration of performances and events on the " Island Stage", swimming in the Südsee is suspended, and entry to the pool is prohibited.
g. Visitors are not permitted to bring any animals into Tropical Islands. This applies to all animals regardless of species, type or breed and regardless of size.
h. Visitors are required to treat the facilities on the site with care.
i. Smoking is only permitted in the designated areas.
j. Visitors are not permitted to carry weapons, knives, explosive or flammable substances, sharp-edged or other objects that could injure other people or cause damage to the facilities or property of other visitors on the site.
Visitors are not permitted to bring any food or drink into Tropical Islands - with the exception of baby food (e.g. jars and bottles) - glass containers are not permittedVisitors are not permitted to bring any food or drink into Tropical Islands - with the exception of baby food (e.g. jars and bottles) - glass containers are not permitted.
l. With the exception of small portable devices (so-called "handheld devices"), visitors are not permitted to carry any radio or other receiving devices in Tropical Islands. This applies in particular to speakers and devices equipped with speakers.
Sports activities are only permitted in specially designated areas. Instructions on the posted signs are to be observed. Without prejudice to TI's liability under section 7, the use of the sports equipment is at your own risk.
m. Sports activities are only permitted in the specially designated areas. Instructions on the posted signs are to be observed. Without prejudice to TI's liability under section 7, use of the sports equipment is at your own risk.
n. The transparent roof membrane on the south side of the Tropical Islands Dome is permeable to natural UV rays. All visitors are therefore strongly advised to ensure the use of adequate sun protection.
o. Subletting or transferring rented tents with third parties is not permitted. Visitors are not permitted to bring or use their own tents.
p. On entering and leaving Tropical Islands, visitors and their baggage may be subject to a security check in adherence to legal requirements.
q. Visitors are not permitted to sell any kind of vouchers or tickets at Tropical Islands.
4.5. The Road Traffic Regulations apply throughout the Tropical Islands grounds and visitor car parks. The use of the visitors' parking spaces is subject to the parking regulations posted there.
4.6. If visitors do not comply with the obligations mentioned above, TI reserves the right, in addition to any claims for damages, to withdraw the visitor's authorisation to visit and to expel the visitor from the premises. In such instances, TI's entitlement to the visitation fee remains unaffected.
4.7. TI reserves the right at any time to expel visitors who are under the influence of alcohol or intoxicating substances from the premises or to prevent the visitor from entering the premises. The same applies in the event of causing a significant nuisance to other visitors or disrupting Tropical Islands' operations.
In addition to the General Rules of Conduct, visitors to the Wellness area are also obliged to observe the following rules of conduct:
5.1. Visitors are to behave in a considerate and quiet manner. No noise of any kind in quiet rooms.
5.2. Without prejudice to TI's liability under section 7, the use of the sauna is at the user's own risk; individuals with health conditions should seek medical advice before using the sauna to ascertain whether there are any particular risks to them using the sauna. During the sauna session, sports activities are to be refrained from.
5.3. The sauna facility is a clothing-free area. The use of the sauna and whirlpools is only permitted unclothed. Use of the facilities wearing swimwear is not permitted. The saunas are not to be entered wearing shoes. Shoes should be left outside the sauna.
5.4. Before using the sauna, thoroughly clean the body. Shaving, nail cutting, hair colouring or other personal grooming is not permitted.
5.5. When using the sauna, a body-sized bath towel or an equivalent seat cover must be placed underneath so that sweat does not get onto the sauna benches.
5.6. Loud conversations, sweat scraping, brushing, and scratching are not permitted in the sauna. Except for a towel or a seat cover, no other items may be taken into the sauna.
5.7. The sauna heater is not to be touched under any circumstances. Operating technical or other equipment in the sauna is not permitted. Technical fixtures (e.g. radiators, lighting fixtures, sauna heaters, including their protective grids and measuring sensors) must not be covered.
5.8. In saunas and other sweat rooms, special conditions exist, such as higher room temperatures, dimmed lighting and different heat sources. This requires special attention from visitors. Ascending sauna benches, in particular, should therefore be accessed with care. The same applies to descending.
5.9. Infusions on the stove may only be made by TI employees.
5.10. Devices that can be used for taking photos or filming are not permitted in the saunas. As an exception to section 6.1, image recordings of any kind are prohibited in these areas.
6.1. Image recordings of any kind are only permitted with written permission, except for private use. During any performances, especially in the Südsee, visual and/or audio recordings are not permitted.
6.2. If authorised individuals make images and/or sound recordings during media reporting or a performance, visitors agree when they enter Tropical Islands that they may be recorded visually and verbally and that these recordings may be broadcast or published without any right of remuneration arising from this.
7.1. TI is liable for damage to life, limb and health as well as for breach of obligations arising from the nature of the contract (cardinal obligations) in accordance with the statutory provisions. TI is liable for other damages only in the event of grossly negligent or intentional breaches of duty. Damages for breaches of a cardinal obligation are limited to the foreseeable damage typical for the contract.
7.2. Any liability for the loss of items or monetary funds locked in the cloakroom lockers and storage compartments shall be limited to a maximum of EUR 500.00 per cloakroom locker properly locked with the chip. Further liability is excluded. Any damaged or lost items that were locked away must be reported to TI staff immediately. In the event of subsequent complaints, TI shall not be liable for any damage or loss. Insofar as TI has assumed responsibility for the accommodation of visitors within the meaning of section 701 (1) of the German Civil Code (BGB), however, TI's liability for the loss, destruction or damage of visitors' belongings (section 701 (2) BGB) shall be determined in accordance with section 702 BGB.
7.3. TI accepts no responsibility whatsoever for ensuring that there is no disturbance caused by other guests or by the operation of Tropical Islands. Tropical Islands is open 24 hours a day. Based on experience, visitors can expect to see people in Tropical Islands until around 3 a.m.
7.4. Visitors are liable for a flat rate of 50 euros for any damage they cause to tents. Visitors have the right to prove that the damage is lower, and TI has the right to prove that the damage is greater.
7.5 Exclusions and limitations of liability apply to claims for damages in addition to and instead of performance, irrespective of the legal grounds. They apply in particular to liability for breach of duty and tort. Exclusion and limitation of liability shall further apply to claims for reimbursement of expenses.
8.1. TI's failure to exercise a right does not constitute a waiver of its right to assert that right in the future.
8.2. In the event of force majeure and other significant impediments to the provision of services by TI for which TI is not responsible, both contracting parties may terminate the respective contractual relationship without liability.
8.3. For participation in events, the special event conditions of TI apply in addition to these General Visiting Conditions. These are also available in the entrance area.
8.4. In addition to these General Terms and Conditions for Visits, the General Terms and Conditions for Electronic Business also apply.
8.5. German law applies.
8.6. Where the visitor is a business person or has no general place of jurisdiction in Germany, the exclusive place of jurisdiction for all disputes arising out of and in connection with legal relationships governed by section 1.1 of these general terms and conditions of the visit shall be Cottbus. This does not apply to the application of the European Community Regulation on Jurisdiction and the Recognition and Enforcement of Judgments in Civil and Commercial Matters (EuGVVO).
If individual provisions are found to be invalid, this shall not affect the validity of the remaining provisions.
1.1 These general terms and conditions of accommodation apply to bookings for overnight stays at Tropical Islands, e.g. via the website www.tropical-islands.de website. The application of the General Terms and Conditions for Overnight guests is subject to the proper conclusion of a contract with Tropical Island Management GmbH (hereinafter referred to as " TIM").
1.2 Terms and conditions of the guest that differ from these Terms and Conditions in whole or in part are not recognised by TIM unless they have been expressly agreed to. Individual agreements remain unaffected by this.
2.1 By booking an overnight stay at Tropical Islands, the guest makes a binding offer to TIM to enter into an accommodation contract. The booking is also made by the guest for all persons listed in the booking. The contract is concluded with the acceptance of the booking by TIM. In the event of the purchase of an accommodation voucher, a contract is only concluded upon booking of the actual stay at Tropical Islands as well as a specific time of stay at Tropical Islands and acceptance of this booking by Tropical Islands.
2.2 The guest is responsible for checking the accuracy of all accommodation documentation received.
With the booking confirmation, a reservation for the overnight stay has been made. Overnight accommodation is payable upon occupancy. In all other respects, the statutory provisions shall apply.
4.1 The scope of the contractually due services is determined based on the services specified in the booking.
4.2 For overnight stays, there is no entitlement to specific accommodation or premises unless this has been expressly agreed.
4.3 The accommodation booked is available from 4 p.m. on the agreed day of arrival. There is no entitlement to earlier availability. On arrival at TIM after 6 p.m. - without prior notice of late arrival - TIM may assign the agreed service elsewhere without TIM losing the claim to the price for the service; any expenses saved as well as income due to the service being assigned elsewhere may give rise to a claim for reimbursement against TIM.
4.4 On the agreed day of departure, the accommodation must be vacated by 11 a.m. at the latest (holiday homes and Woodland Homes by 10 a.m. at the latest) unless other arrangements have been agreed. Thereafter, TIM may charge 50% of the price for the overnight accommodation until 6 p.m. and 80% of the price from 6 p.m. onwards in accordance with the currently valid price list due to the use exceeding the contract. Contractual claims for continued use of the accommodation facilities do not arise against TIM as a result. TIM reserves the right to prove a higher amount of damage, and the guest has the right to prove a lower amount of damage.
5.1 Withdrawal from the contract is possible at any time by the guest before the day of arrival. The withdrawal must be in writing (letter/fax/email). In the event of withdrawal, TIM may demand flat-rate withdrawal costs as reasonable compensation for the expenses incurred. TIM demands flat-rate cancellation costs from the 6th day prior to the day of arrival. The flat-rate cancellation costs from the 6th to the 4th Days before arrival are 40% and then 60% of the booked service. The relevant factor is the date of receipt of the notice of withdrawal by TIM. TIM reserves the right to prove a higher amount of damage as a result of the withdrawal, and the guest reserves the right to prove a lower amount of damage as a result of the withdrawal. The preceding provisions on the flat-rate withdrawal costs are not applicable in the event of cancellation due to force majeure.
5.2 TIM allows a free rebooking with regard to the date of arrival and type of accommodation up to two days before arrival (noon). After that, a change in the date of arrival or the type of accommodation may only be made by withdrawing from the contract and at the same time making a new booking with TIM; in this case, the flat-rate withdrawal costs in accordance with section 5.1 will be incurred.
6.1 If any services provided by TIM are not in accordance with the contract, this must be reported to TIM's customer service immediately. The guest has the right to demand a remedy from TIM for defects that are not merely insignificant. TIM may refuse the remedy if this requires a disproportionate effort. TIM may provide a remedy in such a way that an equivalent replacement service is provided, insofar as this is reasonable and the defect was not deliberately caused contrary to good faith, or the remedy does not represent an inadmissible change to the contract.
6. 2 If the notice of defect with the request for remedy is culpably omitted, claims for reduction or damages are excluded.
6.3 Termination of the contract due to a defect is only permissible when TIM does not provide a reasonable remedy after a reasonable period has been granted. The setting of a deadline is not required if the remedy is impossible, is definitively refused by TIM or if a special interest justifies the immediate termination.
6.4 TIM does not guarantee that no disturbances of the peace will occur, caused by other guests or by the operation of Tropical Islands. Tropical Islands is open 24 hours a day, 24 hours a day; Experience has shown that until about 3 a.m. with, "life" to be expected in Tropical Islands.
7.1 Claims against TIM arising from the contract must be asserted against TIM within one month after the contractual termination of the service. Third parties are not authorised to receive the assertion of claims.
7.2 The deadline specified in 7.1 is only considered to have been complied with if TIM receives the statement before its expiry unless a failure to comply with the deadline occurs through no fault of TIM.
7.3 Claims can be lodged in one's own name or also on behalf of accompanying family members or by proxy. TIM may reject claims when the requirements mentioned above have not been met within the submission period.
7.4 Contractual claims become time-barred two years after the provision of the contractually agreed service. The statute of limitations is suspended after the claim has been made until TIM has issued a written statement acknowledging the claim.
8.1 TIM is liable for damages arising from injury to the body, life or health for which TIM is responsible. TIM is liable for other damages due to intentional or grossly negligent breach of duty or intentional or negligent breach of duties typical for the contract; a breach of duty by TIM is equal to that of a legal representative or an agent. In the event of minor negligent breaches of typical contractual obligations, TIM's liability is limited to an amount equal to the respective business liability insurance coverage sum.
8.2 TIM's contractual liability for damages that are not bodily injuries is limited to three times the booking price, insofar as the damage to the visitor is caused neither intentionally nor by gross negligence.
9.1 German law applies.
9.2 Should individual provisions be or become invalid, this shall not affect the validity of the remaining provisions.
9.3 The exclusive place of jurisdiction is the registered office of TIM, provided that the guest is a business person or a legal entity under public law or has no general place of jurisdiction in Germany.
Krausnick-Groß Wasserburg 12.09.2014
1.1 These General Event Terms and Conditions apply to all contracts for renting conferences, banquets and other event rooms of Tropical Island Management GmbH (hereafter referred to as: "Tropical Islands") for organising events such as banquets, seminars, conferences, etc., as well as other related services.
1.2 The organiser's general terms and conditions apply. Other arrangements only apply if expressly confirmed in writing by Tropical Islands.
The contract is only concluded once Tropical Islands has sent written confirmation of the contract to the organiser. Contractual partners are the organiser and Tropical Islands.
The subletting or other transfer or assignment of rooms and areas to third parties requires the prior written consent of Tropical Islands.
4.1 Tropical Islands are required to provide the agreed services.
4.2 The organiser is required to pay the agreed price, or if no price has been agreed for a service, the otherwise customary price for the agreed services are used and other services not booked and used.
4.3 The agreed prices include the statutory VAT unless otherwise agreed.
4.4 If the period between the conclusion of the contract and the event is longer than four months and Tropical Islands increases the price generally charged for such services, Tropical Islands can likewise increase the contractually agreed price. In the event of a price increase of more than 10%, the organiser may withdraw from the contract within two weeks of receipt of the price increase request. If the organiser is a consumer, they may withdraw from the contract within two weeks of receipt of the price increase request.
4.5 Tropical Islands invoices are payable without deduction within ten days of receipt of the invoice. Where there is a default in payment, Tropical Islands is entitled to charge interest on any claim for payment at a rate of 8 percentage points above the base interest rate. Where the organiser is a consumer within the meaning of Section 13 of the German Civil Code (BGB), the interest rate charged shall be five percentage points above the base rate.
4.6 Tropical Islands are entitled to demand a reasonable advance payment or security deposit.
4.7 The organiser can only offset against claims of Tropical Islands with undisputed or legally established claims.
5.1 The organiser is only entitled to withdraw from the contract in the circumstances stipulated by law, in the case of an individual contractual agreement or in accordance with these GTC.
5.2 Insofar as food and beverage sales and conference flat rates were agreed upon. The organiser is required to pay damages in the following amount in the event of cancellation/withdrawal:
Withdrawal later than three months before the start of the event: 15%
Cancellation later than six weeks before the start of the event: 30%
Cancellation later than six weeks before the start of the event: 50%
Cancellation later than six weeks before the start of the event: 60%
withdrawal later than one week before the start of the event, 80%
of the respective contractually agreed remuneration for this service. If no price has yet been agreed for the menu or buffet, the cheapest 3-course menu or buffet of the respective valid event offer will be taken as a basis. Saved expenses are thereby compensated. The organiser reserves the right to demonstrate a lower loss, and Tropical Islands reserves the right to demonstrate a higher loss.
5.3 Insofar as prices for event and exhibition rooms were agreed, the organiser shall, insofar as it is no longer possible to rent these event and exhibition rooms to another party, pay compensation in the following amount in the event of cancellation/withdrawal:
Withdrawal later than three months before the start of the event: 30%
Withdrawal later than six weeks before the start of the event: 50%
Cancellation later than four weeks before the start of the event: 70%
Cancellation later than two weeks before the start of the event: 90%
Withdrawal later than one week before the start of the event, 100%
of the agreed remuneration for the use of the premises. Saved expenses are thereby compensated. The organiser reserves the right to demonstrate a lower loss, and Tropical Islands reserves the right to demonstrate a higher loss.
5.4 Tropical Islands may concurrently claim damages per the provisions of sections 5.1 and 5.2. Furthermore, Tropical Islands reserves the right to claim further damages as a result of the cancellation of any other services. The provisions of sections 5.2 and 5.3 shall not apply insofar as the organiser is not responsible for the withdrawal.
5.5 Services by third parties or special services that become pointless as a result of the cancellation shall be paid by the organiser if the organiser is responsible for the cancellation.
6.1 If an agreed advance payment or security, or one requested by Tropical Islands, is not provided within the agreed or reasonable period, Tropical Islands reserves the right to withdraw from the contract.
6.2 Tropical Islands reserves the right to withdraw for good cause.
7.1 The organiser shall confirm the final number of participants to Tropical Islands no later than five working days before the event commences.
7.2 If the number of participants is reduced by no more than 10% compared to the number of participants in the booking, the actual number of participants will be invoiced.
If the actual number of participants is reduced by more than 10% compared to the agreed number of participants, Tropical Islands is entitled to payment based on the actual number of participants plus payment of compensation in the amount by which the contractually agreed payment has been reduced due to the reduction in the number of participants by more than 10%, in accordance with the following sentence:
Where the organiser notifies Tropical Islands of a reduction in the number of participants of more than 10% more than 60 days in advance of the event, the actual number of participants will be invoiced; if the organiser notifies Tropical Islands more than 60 days in advance of the event, the compensation payable under sentence two is reduced by 50%; if the organiser notifies Tropical Islands more than 30 days in advance of the event, the compensation payable is reduced by 25%.
Tropical Islands reserves the right to substantiate higher losses, and the organiser reserves the right to substantiate lower losses.
7.3 In the event of a reduction in the number of participants of more than 10%, Tropical Islands has the right to exchange the agreed rooms, provided that the size of the new rooms is appropriate for the reduced number of participants, the rooms are comparably well equipped, and this exchange is acceptable to the organiser.
7.4 An increase of more than 10% requires written consent from Tropical Islands. Any increase in payment will be based on the actual number of participants.
7.5 If the agreed start or end points of the event are postponed without the prior written consent of Tropical Islands, Tropical Islands may charge additional costs for the provision of services in accordance with § 315 of the German Civil Code (BGB) unless the delay is attributable to Tropical Island. Where an event is extended into after midnight hours in deviation from the agreement, the agreed fee shall be increased by the following amount for each hour or part thereof: Up to 100 guests: 50,- Euro From 101-300 Guests: 100,- Euro From 301-500 Guests: 150,- Euro From 501-1000 Guests: 200,- Euro For more than 1000 guests: 500,- Euro.
8.1 Food and drinks for events may only be obtained from Tropical Islands or third parties commissioned by Tropical Islands for this purpose. Bringing food or drinks and other exempted items requires the prior written consent of Tropical Islands. A contribution to cover overhead costs ("corkage fee") is charged in these cases. In such an event, the organiser assumes full liability for any food and drink brought along and indemnifies Tropical Islands against any claims by third parties in this respect.
8.2 Decorative material brought along must comply with fire safety requirements. Tropical Island has the right to demand official verification for this. Due to the risk of damage, the installation and attachment of objects to walls and ceilings is only permitted with the prior consent of Tropical Islands.
8.3 All exhibition or other items brought to the event by the organiser or participants, as well as their packaging, must be removed by the organiser immediately at the conclusion of the event. If the organiser fails to comply with this obligation, Tropical Islands may remove and store the items and, if necessary, dispose of them at the organiser's expense after a reasonable period and giving a prior written warning. If the items remain in the event room, Tropical Islands may charge room rent for the duration of their stay. The visitor reserves the right to prove a lower loss amount. TI reserves the right to prove a higher loss amount.
9.1 Where Tropical Islands procures technical and other equipment from third parties for the organiser at the latter's instigation, Tropical Islands acts in the name of, on behalf of and for the account of the organiser. The organiser is liable for the careful handling and proper return. The organiser shall indemnify Tropical Islands against all claims by third parties arising from the use of these facilities.
9.2 The use of the organiser's own electrical equipment using the Tropical Islands electricity network requires the organiser's written consent. Any faults or damage to Tropical Islands' technical equipment caused by this equipment are the organiser's responsibility, insofar as Tropical Island is not responsible for such faults or damage. Tropical Islands may record and charge a flat rate for the electricity costs incurred by such use.
9.3 The organiser is only entitled to use its own telephone, fax and data transmission facilities with the written consent of Tropical Islands. Tropical Islands may charge a connection fee for this.
Any exhibition, seminar, conference or other items, including personal items, brought along are located in the event rooms or on the grounds of Tropical Islands at the organiser's risk. Tropical Islands does not assume any duty of custody or safekeeping. Items intended for the event may be brought onto the Tropical Islands Resort premises no earlier than 48 hours before the start of the event unless Tropical Islands has agreed to a different arrangement in writing previously.
11.1 Where Tropical Islands' supplies or services are found to be defective, or the service is disrupted, the Tour Operator must notify Tropical Islands immediately after becoming aware of the defect or disruption so that Tropical Islands has the opportunity to remedy the situation as quickly as possible or to ensure that the supply and/or service complies with the contract. The organiser is furthermore required to draw Tropical Islands' attention to the possibility of a particularly high level of damage occurring.
11.2 Tropical Islands is liable for any negligence in the event of damage to life, limb or health, and in the event of a breach of obligations resulting from the nature of the contract (cardinal obligations); for other damages, Tropical Islands is only liable in the event of gross negligence and intent. In the event of a (simple) negligent breach of cardinal obligations, Tropical Islands' liability is limited to an amount equal to the sum insured under the respective business liability insurance policy.
11.3 If the booked rooms could not be used in accordance with the contract as a result of force majeure, or if Tropical Islands could not offer the agreed buffet or menu in accordance with the contract as a result of force majeure, Tropical Islands has the right to make other equivalent rooms available for the event or to offer another equivalent buffet or menu. If Tropical Islands cannot offer an equivalent replacement, Tropical Islands reserves the right to withdraw from this service or from the entire contract. Should the change in accordance with sentence 1 not be reasonable for the organiser, the organiser may, for their part, withdraw from the contract. Further mutual claims in the event of withdrawal are excluded.
12.1 The organiser is liable for all damage, for example, to buildings and facilities caused by the organiser, event participants, visitors to the event, employees of the event or other third parties from the organiser's realm.
12.2 The organiser is required to provide evidence of public liability insurance with a minimum cover of EUR 3,000,000.00 (in words: three million); this does not apply if the organiser is a user/consumer within the meaning of § 13 BGB.
12.3 In addition to these Standard Terms and Conditions, the rules of conduct outlined in section 4 of the Standard Terms and Conditions for Visits to Tropical Islands Resort and the Tropical Islands Resort Car Park Conditions for organisers and Event Participants are also applicable.
13.1 Photography and filming for commercial purposes are only permitted with the prior written consent of Tropical Islands.
13.2 Newspaper and internet advertisements featuring events at Tropical Islands are only permitted if Tropical Islands agrees in writing before publication.
13.3 The organiser must pay any GEMA fees due to music playing at events directly and in person. If claims are made against Tropical Islands by GEMA on account of the event, the organiser shall indemnify Tropical Islands against such claims by GEMA.
13.4 Any amendments or additions to the contract must always be made in writing. This also applies to the waiver of the written form requirement.
13.5 If individual provisions of these General Terms and Conditions for Events or the respective contract are invalid, this shall not affect the remaining provisions. The parties shall replace the invalid provisions with provisions that approximate the intended economic purpose as closely as possible.
13.6 The place of performance and payment is the registered office of Tropical Islands.
13.7 German law shall apply.
13.8 The exclusive place of jurisdiction - including for disputes over cheques and bills of exchange - is the registered office of Tropical Islands, provided the organiser is a business person or has no general place of jurisdiction in Germany. This does not apply to the application of the European Community Regulation on jurisdiction and the recognition and enforcement of decisions in civil and commercial matters (EuGVVO).
Krausnick, 16 February, 2005,
Tropical Island Management GmbH
By entering the Tropical Islands Resort grounds, in particular the visitor car park, the visitor agrees to the following parking conditions of Tropical Islands Asset Management GmbH and Tropical Islands Management GmbH ( hereafter jointly referred to as: TI) agree.2. Use of parking space
2.1. Use of the car park is only for visits to Tropical Islands Resort. The car park must be vacated no later than an hour after leaving Tropical Islands Resort.
2.2. The Road Traffic Regulations (StVO) apply on the premises. The visitor is required to comply with the traffic regulations. All visitors and their representatives are required to behave in such a way as to avoid any risk or damage to third parties. The instructions of TI or TI's employees or representatives or agents must be followed.
2.3. Visitors may choose a parking space from among the free, unreserved spaces, unless a specific parking space is allocated to them by TI or its employees. They must park their vehicle in the designated spaces in such a way that it is possible to park in and out of the adjacent parking spaces without any obstruction at any time. If the vehicle is parked in an obstructing manner, TI is entitled to move the vehicle to another parking space by taking appropriate measures at the visitor's expense.
2.4. Visitors are not permitted to carry out repairs on the premises (except by authorised breakdown services), wash or clean vehicles, drain cooling water, fuel or oil, or dispose of rubbish in the vehicle on the Tropical Islands Resort premises. Any soiling the visitor is responsible for must be removed immediately and thoroughly by the visitor. Otherwise, TI has the right to remove such contamination at the visitor's expense.
2.5. Parked vehicles must be properly locked and secured in accordance with traffic regulations. Valuables, personal clothing and other vehicle contents must be locked in the luggage compartment during the parking period and in your own interest.
2.6. TI may refuse to allow the vehicle to be parked in the visitors' car park if there are indications that driving on the premises or parking on the premises could pose a risk to TI's operational safety.
2.7. TI has the right to have the vehicle towed away from the car park at the visitor's expense if
a) the specified maximum parking period has been exceeded by more than three days without the maximum parking period having been extended by a (written) special agreement with TI,
b) the parked vehicle poses a risk to the visitor car park, other vehicles parked in the car park or the Tropical Islands Resort, or
c) the vehicle is not registered with the police or is withdrawn from circulation by the police during the parking period.
3.1. TI does not provide guarding or safekeeping of the parked vehicle. TI does not assume any duty of care in this respect, meaning that the parking of the vehicle is at the visitor's risk.
3.2. TI is not liable for accidents involving property damage and/or personal injury caused by the driver or third parties on the car park premises.
3.3. In the event of damage caused by immission, TI shall be exempt from compensation in the same way as in the event of force majeure.
3.4. In all other respects, TI will be liable in accordance with the statutory provisions in the event of damage to life, limb or health and in the event of a breach of obligations arising from the nature of the contract (cardinal obligations). TI is liable for other damages only in the event of grossly negligent or intentional breaches of duty. Damages for breaches of a cardinal obligation is limited to the foreseeable damage typical for this type of contract.
3.5. Exclusions and limitations of liability apply to claims for damages in addition to and in lieu of performance, irrespective of the legal grounds. They apply in particular to liability for breach of duty and for tort. Exclusion of liability and limitation of liability also apply to claims for reimbursement of expenses.
3.7. Irrespective of fault, the visitor is liable for all damage caused due to technical defects by the vehicle brought onto the Tropical Islands Resort premises by the visitor or a third party authorised by the visitor (e.g. loss of oil, explosion). This also applies where such defects were previously unknown. The visitor assigns any claims against third parties or insurance companies arising from a damage event to TI in advance, insofar as TI is held liable for such a damage event.
3.8. The visitor is obliged to report any damage to TI immediately. Security and service staff are available to receive such notifications. The obligation to report damage does not apply insofar as this is unreasonable for the Visitor.
4.1. German law applies.
4.2. Where the visitor is a business person or has no general place of jurisdiction in Germany, the exclusive place of jurisdiction for all disputes arising from and in connection with legal relationships subject to these car park terms and conditions shall be Cottbus. This does not apply to the application of the European Community Regulation on Jurisdiction and the Recognition and Enforcement of Judgments in Civil and Commercial Matters (EuGVVO).
4.3. Insofar as individual provisions are found to be invalid, this shall not affect the validity of the remaining provisions.
1.1 These general terms and conditions apply to all contracts for goods, work deliveries, and services.
1.2 We do not recognise any terms and conditions of the contractor that deviate from or supplement these general terms and conditions. These General Terms and Conditions of Contract shall also apply if we accept the delivery/service of the contractor without reservation in the knowledge of deviating or supplementary terms and conditions of the contractor.
2.1 Our written order forms the basis of all contracts for goods and work deliveries as well as services. Since our employees are not authorised to issue verbal orders, these are only valid if we confirm them in writing.
2.2 The same applies to amendments, additions and supplementary agreements to written orders; these must also be confirmed in writing to be legally effective.
3.1 The delivery and service dates stated in our order are binding.
3.2 In the event of a delay in delivery and/or service, we reserve the right to demand a contractual penalty of 0.3 % of the net order value per working day - in total, a maximum of 10 % of the net order value. The retention of the contractual penalty shall be asserted by us at the latest when the last payment/final payment is due. We reserve the right to assert further legal claims and to claim further damages.
3.3 Where the contractor realises they cannot meet the agreed delivery and/or performance date, they must inform us of this in writing without delay. However, this does not affect our rights in any way.
The following special regulations apply to contracts for goods and work deliveries:
4.1 The contractor must notify us immediately of the dispatch/ dispatch of the goods to be delivered. The notice of dispatch must be sent to us by fax or email and must contain an exact description of the goods, the quantity, the weight and the type of packaging of the goods. Additionally, the dispatch note must bear the order number assigned by us.
4.2 When handing over the goods, the contractor must provide us with a delivery note showing the exact designation of the goods, the quantity as well as the weight of the goods. The delivery note must also display the order number assigned by us.
4.3 If we have not received the documents according to section 4.1 and/or section 4.2 at the time of handing over the goods or if they do not meet the requirements according to section 4.1 and/or section 4.2, we reserve the right to refuse to accept the goods without thereby constituting a default in acceptance.
However, if the goods are accepted, we are entitled to return them at the contractor's expense if we do not receive a proper delivery note without delay - until then, we will store the delivered goods at the contractor's expense, whereby the contractor assumes the risk of accidental loss and deterioration of the goods.
The contractor bears the risk of accidental loss or accidental deterioration during shipment until the goods/service are handed over to us.
6.1 If force majeure or an internal industrial dispute for which we are not responsible inhibits us from accepting the goods/services or renders our acceptance of the goods/services unreasonable, we reserve the right to refuse acceptance without triggering a delay in acceptance.
6.2 We will inspect goods/services without undue delay. A notice of defects with regard to obvious defects shall be deemed to be received by the contractor in a timely manner if it is received by the contractor within two weeks of the acceptance of the goods/services. Notice of hidden defects shall be deemed timely if made within two weeks after discovering the defect.
6.3 In the event of incorrect and/or excess delivery, we are entitled to return the goods/service at the contractor's expense.
7.1 The remuneration agreed in the written order is binding.
7.2 In the delivery of goods, the agreed remuneration shall include all duties, tolls, customs duties, packaging and transport costs to the agreed place of delivery, and insurance costs.
7.3 We shall make payments on the remuneration at our discretion within 14 days with a 2% discount or within 30 days, in each case calculated from receipt of a proper invoice and after complete and defect-free fulfilment of the order. We are also entitled to a discount deduction in the event of offsetting or the assertion of a right of retention. Payments are made by us exclusively by bank transfer.
7.4 Payments on the remuneration can only be made if the invoice bears the order number shown in our order. If the order number is missing or wrong, the contractor has no claims against us in terms of default of payment.
7.5 If we make down payments or payments on account, we shall be entitled, at our discretion, to demand that the contractor provide security in the amount of the payment and/or transfer rights, including ownership, to the goods/services thereby compensated.
8.1 We are entitled to the statutory warranty rights in full.
8.2 We are entitled to demand that the contractor, at our discretion, rectify the defect or provide a replacement delivery/replacement service. In such events, the contractor shall be obliged to bear all expenses necessary to remedy the defect and the replacement delivery/replacement. Furthermore, the right to claim damages is expressly reserved.
8.3 The warranty period is 24 months, and it commences with the acceptance of the goods/service.
8.4 Insofar as there is also a product liability claim against the contractor in addition to the warranty claim, the contractor is obliged to indemnify us in the event of damage from third-party claims for damages on the first request and to reimburse all expenses incurred by us as a result of the damage.
8.5 The contractor must provide us with the documentation for warranty claims and warranty claims.
8.6 The contractor is responsible for ensuring that the goods/services comply with the applicable legal requirements, including the recognised provisions of construction/technology, TÜV regulations, commercial protection provisions and other legal provisions.
9.1 The contractor shall ensure that the goods/services ordered are free of third-party rights, i.e., that there is no third-party retention of title rights or other third-party rights that are violated.
9.2 If claims are made against us by a third party due to the infringement of rights in connection with the goods/services, the contractor is obliged to indemnify us against these claims upon our first written request. The contractor's obligation to indemnify relates to all expenses that we incur in connection with the claim by the third party. Additionally, at the expense of the contractor, we are entitled to acquire the right from the third party as the holder of the right to use the goods/services in accordance with the contract.
10.1 The contractor undertakes to treat as confidential any information, documents and other records received from us in connection with the execution of the order - regardless of the form, whether verbal, written or digital. These may not be made accessible to third parties or reproduced without our prior express written consent and must be returned to us without being asked and free of charge after the order has been processed.
10.2 We reserve all rights to all illustrations, drawings, calculations and other documents, particularly property rights and copyrights.
10.3 The Contractor shall ensure by appropriate written agreement with its employees and agents that they fully comply with the obligations resulting from sections 10.1 and 10.2.
10.4 The Contractor must comply with all applicable data protection regulations in accordance with the BDSG in fulfilling our order.
11.1 German law applies.
11.2 The place of jurisdiction for all disputes arising from and in connection with a contractual relationship with the contractor is our place of business.
11.3 Should individual provisions of these general terms and conditions be or become invalid or unenforceable, the validity of the remaining provisions shall remain unaffected. Instead of the invalid or unenforceable provision, the valid and enforceable provision that comes closest to the economic purpose of the invalid or unenforceable provision shall be deemed to have been agreed. The same applies to the supplementary interpretation of the contract.
Krausnick-Groß Wasserburg, 01.11.2013