General Terms and Conditions

§ 1 Scope

(1) These General Terms and Conditions apply to all contracts between Silbersee Resort Betriebsgesellschaft mbH (hereinafter referred to as the “Operator”) and its guests concerning the use of the facilities and services of Silbersee Resort.

(2) These General Terms and Conditions apply in particular to:

• the booking and use of holiday homes,
• the booking and use of camping pitches,
• the booking and use of motorhome pitches,
• the booking and use of tent pitches,
• the booking and use of other accommodation and overnight-stay options,
• the use of leisure, wellness and communal facilities,
• the booking and use of additional and ancillary services,
• all reservations and bookings made via the internet, the Operator’s website, booking portals, email, telephone or other means of communication.

(3) These General Terms and Conditions apply regardless of how the contract was concluded. They apply in particular to online bookings, telephone bookings, written bookings, bookings by email and contracts concluded in person on site.

(4) Where supplementary terms apply to individual services, in particular to the use of specific facilities or offers at the Resort, such terms shall form part of the respective contract provided that the Guest is informed of them before or when the contract is concluded.

(5) In addition to these General Terms and Conditions, the following in particular form part of the contract:

• the Site Rules in their currently valid version,
• the Bathing Rules,
• the House Rules for Holiday Homes,
• the Wellness Rules,
• the Fire Safety and Safety Rules,
• the Data Protection Information,
• and any other rules of use applicable to the relevant service area.

The currently valid versions can be viewed on the Operator’s website and will be made available to the Guest upon request.

(6) Any general terms and conditions of the Guest that deviate from these General Terms and Conditions shall not apply unless the Operator has expressly agreed to their application in writing.

(7) These General Terms and Conditions apply both to consumers within the meaning of Section 13 of the German Civil Code (BGB) and to entrepreneurs within the meaning of Section 14 BGB, unless the respective provisions state otherwise.

§ 2 Formation of the Contract

(1) The presentation of accommodation, pitches, services and prices on the website, in brochures, on booking portals or in other advertising media does not constitute a legally binding offer, but rather a non-binding invitation to the Guest to submit a booking offer.

(2) By booking accommodation, a pitch or another service, the Guest submits a binding offer to conclude an accommodation contract. The booking may be made in particular via the Operator’s website, booking portals, by email, by telephone or in person on site.

(3) The contract is concluded only when the Operator expressly confirms the booking. The booking confirmation may be issued in text form, for example by email, or in writing. If no express booking confirmation is issued, a contract shall be concluded no later than when the booked service is made available or the Guest checks in.

(4) Automatically generated acknowledgements confirming receipt of a booking enquiry do not constitute acceptance of the contractual offer; they serve solely to inform the Guest that the enquiry has been received.

(5) The Operator reserves the right to reject bookings within a reasonable period if the requested service is unavailable or if other objective reasons prevent the booking.

(6) Obvious errors, in particular typographical, calculation, printing, transmission or pricing errors, entitle the Operator to contest or correct the booking in accordance with the statutory provisions. In such cases, no contract shall be concluded on the incorrectly stated terms.

(7) Bookings may be made only by natural persons who have full legal capacity and have reached the age of 18, and by legal entities or partnerships represented by their authorised governing bodies or representatives. By making the booking, the Guest confirms that they have the necessary legal capacity and are authorised to conclude the contract.

(8) If the booking is made for additional travellers or participants, the person making the booking also acts on their behalf. That person is obliged to inform all fellow travellers of the contents of these General Terms and Conditions and the other contractual documents and to ensure that they are complied with during the stay.

(9) Individual agreements or ancillary arrangements require confirmation by the Operator in text form in order to be effective, unless a stricter form is required by law.

§ 3 Prices and Payment Terms

(1) The prices agreed or published by the Operator at the time the contract is concluded shall apply. Unless expressly stated otherwise, all prices include the applicable statutory value added tax.

(2) The accommodation price does not include public-law charges levied under statutory or municipal provisions and payable by the Guest. These include in particular:

• visitor’s taxes,
• guest contributions,
• bed taxes,
• tourism levies,
• tourist taxes,
• and comparable public-law charges.

Such charges shall be paid by the Guest in addition to the agreed accommodation price insofar as they are required by law or municipal by-law at the time of the stay. This shall also apply if such charges are newly introduced, amended or increased after the accommodation contract has been concluded.

(3) Unless otherwise agreed, the total price shall be paid no later than the due date stated in the booking confirmation. The Operator is entitled to require a deposit or advance payment.

(4) In the case of short-notice bookings or bookings made fewer than seven calendar days before the scheduled arrival date, the Operator may require immediate payment of the full amount.

(5) Payments may be made only using the cashless payment methods offered by the Operator. These include in particular:

• bank transfer,
• SEPA direct debit,
• EC/debit card,
• credit card,
• online payment services,
• and other electronic payment methods offered by the Operator.

Cash payments are generally not accepted. The Operator may permit exceptions in individual cases. The Guest has no entitlement to use a particular payment method.

(6) If the Guest defaults on a payment that has become due, the statutory provisions shall apply. In particular, the Operator is entitled to:

• charge default interest at the statutory rate,
• claim compensation for any further loss caused by the default,
• enforce outstanding claims out of court or through legal proceedings,
• and refuse to provide or permit use of the booked services until payment has been made in full, unless mandatory statutory provisions provide otherwise.

Any further statutory claims shall remain unaffected.

(7) The Operator is entitled to require an appropriate security deposit, in particular when holiday homes are booked or where the Operator has a legitimate interest. The amount of the security deposit shall be communicated to the Guest no later than with the booking confirmation.

The security deposit serves in particular to secure claims arising from:

• damage to buildings, inventory or outdoor facilities,
• exceptional soiling,
• loss of keys, transponders or other access media,
• unpaid claims,
• and other damage caused by the Guest.

(8) Following the proper return and inspection of the accommodation, the security deposit shall generally be refunded without undue delay and no later than 14 calendar days after departure, provided that the Operator has no claims against the Guest. The Operator is entitled to set off its own due claims against the security deposit.

The Guest shall be entitled to prove that the Operator incurred no loss or only a smaller loss.

(9) Any further statutory or contractual claims by the Operator for damages or payment shall remain unaffected by the collection of a security deposit.

(10) Obvious errors, in particular typographical, calculation, printing, transmission or pricing errors, do not entitle the Guest to the conclusion or performance of a contract on the incorrectly stated terms. The Operator is entitled to correct obvious errors or contest the contract in accordance with the statutory provisions.

(11) The Guest may set off claims against claims of the Operator only where the Guest’s counterclaims are undisputed or have been finally established by a court. The Guest may exercise a right of retention only insofar as it arises from the same contractual relationship or is mandatorily granted by law.

§ 4 Arrival and Departure

(1) Unless otherwise agreed in the booking confirmation, the booked accommodation or pitch shall be available from 3:00 p.m. on the day of arrival (check-in). On the day of departure, the accommodation or pitch must be vacated and properly returned no later than 10:00 a.m. (check-out).

(2) As a general rule, the Operator provides a digital access and booking system for check-in and check-out. Subject to technical availability, arrival may also be possible outside the regular reception opening hours.

(3) The Guest is obliged to keep the access data, digital keys, codes or other access media provided to them secure and to protect them against access by unauthorised third parties. Disclosure to third parties is prohibited unless required for contractual use by fellow travellers.

(4) In addition to or instead of digital access media, the Operator may also use physical keys, transponders, key cards or comparable access systems.

(5) Despite careful maintenance and monitoring, it cannot be ruled out that digital systems or technical facilities may be temporarily unavailable or available only to a limited extent due to maintenance work, malfunctions, power outages, telecommunications network failures, software errors, cyberattacks or other technical events.

The Operator does not warrant that the digital check-in and access system will be available continuously and without interruption at all times. Claims for damages arising from this shall exist only in accordance with the statutory provisions and the liability provisions of these General Terms and Conditions.

In the event of a technical malfunction, the Operator shall make immediate efforts to provide the Guest with an appropriate alternative means of accessing the booked accommodation or pitch.

(6) If the Guest wishes to arrive outside the announced service hours and personal assistance by staff is required, the Operator may charge a separate fee in accordance with the price list applicable at the time.

(7) Upon departure, all keys, transponders, access cards or other access media provided must be returned, and digital access authorisations must be properly terminated. The Guest must leave the accommodation in proper condition and immediately report any visible damage or defects.

(8) If the accommodation or pitch is returned late, the Operator is entitled to charge any resulting additional costs and reasonable compensation for continued use. Any further statutory claims shall remain unaffected.

(9) If the Guest does not arrive on the scheduled arrival date and does not inform the Operator of a late arrival, the Guest shall generally be entitled to the provision of the booked accommodation or pitch only until the end of the calendar day following the agreed arrival date. Thereafter, the Operator is entitled to reallocate the accommodation or pitch, provided that no statutory or contractual obligations prevent this.

(10) Before commencing the journey, the Guest is obliged to ensure that they have received the information and access data required for digital check-in. If these have not been received by the day of arrival at the latest, the Guest must inform the Operator immediately so that an alternative solution can be provided in good time.

§ 5 Withdrawal, Cancellation and No-show

(1) The Guest may withdraw from the accommodation contract at any time before the beginning of the stay. The decisive time is the receipt of the notice of withdrawal by the Operator. The withdrawal must be made in text form, in particular by email.

(2) In the event of withdrawal, the Operator is entitled to demand reasonable compensation. Unless otherwise agreed, this compensation shall be calculated on a lump-sum basis as follows:

• up to 30 days before arrival: cancellation free of charge
• 29 to 15 days before arrival: 40% of the agreed total price
• 14 to 7 days before arrival: 70% of the agreed total price
• from 6 days before arrival: 90% of the agreed total price
• in the event of a no-show without prior cancellation: 100% of the agreed total price

(3) The scheduled arrival date is decisive for calculating the cancellation period. The arrival date itself shall not be included in the calculation of the period.

(4) The Guest shall be entitled to prove that the Operator incurred no loss or a substantially smaller loss. The Operator shall be entitled to prove that a greater loss was incurred.

(5) Within reasonable limits, the Operator shall endeavour to re-let the cancelled accommodation or pitch. Revenue from re-letting it for the same period shall be credited against the cancellation charges.

(6) Until the beginning of the stay, the Guest is entitled to nominate a suitable substitute person to enter into the contract in the Guest’s place. The Operator may reject the substitute person for objective reasons, in particular if that person does not meet the contractual requirements, there are justified doubts regarding their ability to pay, or special requirements relating to the use of the accommodation or pitch are not met.

(7) If a substitute person validly enters into the contract, the original Guest and the substitute person shall be jointly and severally liable for the agreed total price and any additional costs arising from the substitution.

(8) If the Guest does not arrive on the scheduled arrival date and has not notified the Operator of a late arrival, this shall be deemed a no-show. In this case, the Operator’s claim to payment of the agreed total price shall remain in force in accordance with the preceding provisions.

(9) Early departure, late arrival or partial non-use of booked services shall not give rise to any entitlement to a pro rata refund or price reduction unless the Operator is responsible for the non-use.

(10) Different cancellation terms may apply to separately booked additional services, packages, leisure activities, wellness services or other ancillary services, provided that the Guest was informed of them at the time of booking.

(11) The Operator is entitled to withdraw from the contract if an agreed deposit, advance payment or security deposit is not paid despite becoming due and despite the setting of a reasonable additional period for payment. In this case, the Operator may reallocate the accommodation or pitch. Any further claims of the Operator shall remain unaffected.

(12) The Guest is advised to take out travel cancellation insurance.

§ 6 Rebooking

(1) The Guest has no entitlement to rebook an already confirmed booking. Rebooking is possible only subject to availability and with the Operator’s consent.

(2) Rebooking includes, in particular, changes relating to:

• the arrival or departure date,
• the duration of the stay,
• the booked accommodation or pitch,
• the number of guests,
• booked additional services,
• other material elements of the contract.

(3) Rebooking requests should be communicated to the Operator in text form as early as possible. The Operator shall decide at its reasonable discretion whether the requested change can be made.

(4) Where rebooking is possible, the prices and contractual terms valid at the time of rebooking shall apply to the new booking period and to the changed accommodation or service. Previously granted special prices, discounts or promotional offers may cease to apply.

(5) If rebooking results in a higher total price, the Guest must pay the difference. If rebooking results in a lower total price, there shall be no entitlement to a refund or credit unless the Operator expressly agrees to the corresponding reduction.

(6) The Operator is entitled to charge a reasonable processing fee for rebooking in accordance with the price list applicable at the time. If no separate price is stated, the processing fee shall be EUR 25.00 per rebooking.

(7) If the requested rebooking is not possible, the original contract shall remain unchanged. If the Guest nevertheless does not wish to use the booking, the provisions on withdrawal and cancellation under § 5 of these General Terms and Conditions shall apply.

(8) For operational, organisational, technical or safety-related reasons, the Operator is entitled to allocate the Guest equivalent or higher-quality accommodation or an equivalent pitch, insofar as this is reasonable for the Guest, taking into account the Guest’s legitimate interests. The Guest shall not incur any additional costs as a result.

(9) If the Operator must change booked accommodation or a pitch due to unforeseen circumstances, in particular technical defects, force majeure, official orders, necessary maintenance measures or other events beyond the Operator’s control, the Guest shall, where possible, be offered an equivalent or higher-quality alternative. If this is not possible and the Guest does not wish to proceed with the booking, payments already made for the service that cannot be provided shall be refunded. Any further claims shall be governed by the statutory provisions and the liability provisions of these General Terms and Conditions.

(10) Changes made solely to correct obvious typographical, calculation, transmission or pricing errors, or which are required by mandatory statutory provisions, do not constitute rebooking within the meaning of this provision.

(11) Rebooking to a less expensive travel period or less expensive accommodation shall be treated as cancellation of the original booking followed by a new booking, unless otherwise agreed by the Operator in the individual case.

§ 7 Force Majeure and Extraordinary Circumstances

(1) If the Operator is unable to provide its contractual services, either in whole or in part or on time, due to force majeure or other extraordinary circumstances that were not foreseeable when the contract was concluded and for which the Operator is not responsible, the Operator shall be liable only in accordance with the statutory provisions and these General Terms and Conditions.

(2) Events of force majeure or extraordinary circumstances include, in particular but not exhaustively:

• natural disasters,
• storms, hurricanes, tornadoes or severe weather,
• high water, flooding or heavy rainfall events,
• forest or wildland fires,
• lightning strikes,
• snow or ice events,
• landslides or other natural events,
• pandemics, epidemics or comparable public health situations,
• official orders or prohibitions on use,
• evacuations,
• war, terrorist attacks or comparable dangerous situations,
• civil unrest or sabotage,
• strikes or lawful lockouts,
• failures of energy, water, telecommunications or other public utility infrastructure,
• cyberattacks or large-scale IT failures,
• other events outside the Operator’s sphere of influence.

(3) If performance of the contract becomes temporarily impossible or unreasonable for the Operator due to an event under paragraph 2, the Operator is entitled to:

• postpone the stay,
• offer equivalent replacement accommodation or an equivalent pitch,
• temporarily restrict individual services,
• or withdraw from the contract in whole or in part.

(4) If the stay must be ended early or cannot begin due to an event under paragraph 2, payments already made for services not provided shall be refunded insofar as the Operator has already received payment for those services and the law does not provide otherwise.

Any further claims by the Guest, in particular claims for damages due to loss of holiday enjoyment, travel expenses, loss of earnings or other indirect loss, are excluded to the extent permitted by law.

(5) The Operator is entitled to temporarily restrict or completely close individual facilities or areas of the Resort where this is necessary to avert danger, comply with official requirements or for safety reasons. This applies in particular to:

• the bathing area,
• playgrounds,
• wellness and leisure facilities,
• paths,
• pitch areas,
• other communal facilities.

This shall not give rise to any entitlement to a price reduction or damages, provided that the restriction was unavoidable for the Operator and use of the Resort as a whole is not materially impaired.

(6) The Operator shall inform the Guest without undue delay of significant restrictions or changes to services as soon as they become known to the Operator and shall endeavour to find an appropriate solution.

(7) The Guest’s statutory rights shall remain unaffected insofar as they cannot validly be restricted by this provision.

(8) Weather-related restrictions or closures of individual leisure and outdoor facilities, in particular the bathing area, beach areas, playgrounds, adventure golf facilities or other outdoor facilities, shall generally not give rise to any entitlement to a price reduction, damages or cancellation free of charge, provided that the booked accommodation or pitch can still be used.

§ 8 Use of Rental Properties

(1) Holiday homes, rental accommodation and other rental properties provided by the Operator may be used exclusively for recreational, leisure and accommodation purposes within the scope of the agreed contract.

Use for commercial purposes, as a permanent residence or for any other purpose contrary to the contract is prohibited unless the Operator has expressly consented to such use in text form.

(2) The maximum number of persons stated in the booking confirmation or specified for the respective rental property must not be exceeded at any time. All persons shall be counted, irrespective of age.

If the permitted occupancy is exceeded, the Operator is entitled to refuse access to additional persons or to terminate the accommodation contract extraordinarily for good cause.

Any further claims, in particular claims for damages, shall remain unaffected.

(3) Parties, celebrations, events or other gatherings that go beyond the customary use of holiday accommodation or are likely to disturb other guests or impair the proper operation of the Resort are prohibited without the Operator’s prior express consent.

This applies in particular to events involving increased noise levels, amplified music or a larger number of visitors.

(4) The accommodation may not be made available to third parties, whether for payment or free of charge, in particular by subletting or passing it on to other persons via internet platforms or other intermediary services, without the Operator’s prior consent.

This also applies to the partial transfer of individual rooms or sleeping places.

(5) The Guest is obliged to treat the rental property, including all facilities, furniture, technical systems and inventory, with care and consideration and to use them only for their intended purpose.

Damage, defects or malfunctions must be reported to the Operator without undue delay.

(6) The inventory belonging to the rental property remains the property of the Operator and may neither be removed nor used outside the rental property where this would conflict with its intended purpose.

Upon departure, the Guest is obliged to leave all furnishings and equipment in the accommodation in full.

(7) Alterations to the accommodation or inventory, in particular conversions, dismantling, drilling, adhesive applications, painting or other interference with the building structure or furnishings, are prohibited.

The installation of the Guest’s own systems or technical equipment without the Operator’s consent is likewise prohibited.

(8) The Guest must keep the rental property in an orderly condition during the stay. Upon departure, the Guest must in particular:

• remove all personal belongings,
• remove obvious soiling,
• clean the dishes,
• dispose of household waste in accordance with the applicable disposal rules,
• properly close windows and doors,
• and properly switch off all technical equipment.

Any further provisions concerning final cleaning shall remain unaffected.

(9) Smoking is generally prohibited inside rental properties unless the Operator has provided expressly designated areas for this purpose.

In the event of a breach, the Operator is entitled to claim the costs of any necessary special cleaning and any further resulting damage or loss of use.

(10) The Operator and persons commissioned by the Operator are entitled to enter the rental property at any time in the event of imminent danger or in order to avert significant risks.

In all other cases, entry during the Guest’s stay shall take place only after prior notice and with due regard to the Guest’s legitimate interests, unless statutory provisions or imminent danger require otherwise.

(11) In the event of serious or repeated breaches of the provisions of this section, the Operator is entitled to terminate the accommodation contract extraordinarily and without notice and to expel the Guest and all fellow travellers from the premises.

In this case, there shall be no entitlement to reimbursement of fees already paid. Any further statutory or contractual claims of the Operator shall remain unaffected.

(12) Use of the rental properties and the Resort premises for commercial purposes requires the Operator’s prior express consent.

This applies in particular to:

• photographic, film and television productions,
• advertising and marketing recordings,
• social media, streaming and influencer productions,
• commercial photo or video shoots,
• events,
• seminars,
• training courses,
• and any other commercial use or use intended for public exploitation.

This expressly includes the production, recording or transmission of pornographic, erotic or youth-endangering content and any other content likely to damage the reputation or standing of Silbersee Resort.

(13) In the event of a breach of paragraph 12, the Operator is entitled to:

• terminate the accommodation contract extraordinarily with immediate effect,
• expel the Guest and all persons involved from the premises without delay,
• immediately prohibit further use of the accommodation,
• and demand compensation for all resulting damage.

This includes, in particular, the costs of special cleaning, additional staff and administrative work, security measures, legal enforcement and loss of use of the accommodation.

(14) The Operator is entitled to charge a lump-sum fee of EUR 500.00 for the additional administrative and organisational work caused by a breach of paragraph 12.

The Guest expressly reserves the right to prove that no expense or a substantially lower expense was incurred.

The Operator remains entitled to claim any damage exceeding the lump-sum fee.

§ 9 Camping and Pitches

(1) Camping pitches, motorhome pitches and tent pitches may be used only in accordance with their respective intended purpose and the contractual agreements.

The Operator shall determine the type of use permitted for the respective pitch. There is no entitlement to use a pitch for a purpose other than the agreed type of use.

(2) Only the vehicles, caravans, motorhomes, tents or other camping accommodation stated at the time of booking and approved by the Operator may be placed on a pitch.

Replacing them or additionally placing further vehicles or accommodation requires the Operator’s prior consent.

(3) Unless otherwise agreed, only one motorhome, one caravan or one main tent is generally permitted per pitch.

The number of additional vehicles, ancillary tents, gazebos or other structures permitted depends on the size of the pitch and operational conditions and, in case of doubt, requires the Operator’s consent.

(4) All vehicles, caravans, motorhomes, tents, awnings, canopies, gazebos and other structures must be roadworthy, technically sound and well maintained at all times.

The Operator may reject vehicles or camping accommodation that are unregistered, damaged, neglected or clearly no longer fit for use, or may require their removal.

(5) Awnings, sun sails, gazebos, terraces, enclosures or other structures may be erected only insofar as this is permitted on the respective pitch and public-law requirements and the Site Rules are observed.

Permanent structures or structures firmly attached to the ground require the Operator’s prior consent.

(6) Electricity, water and, where available, wastewater services may be obtained only through the facilities provided by the Operator for this purpose.

The Guest is obliged to use only technically suitable connection cables, couplings and equipment that comply with applicable statutory provisions and the generally accepted rules of technology.

The Operator is entitled to exclude manifestly unsuitable or unsafe electrical systems or connections from the supply network.

(7) Electricity, water and wastewater connections may be used only for their intended purpose.

In particular, it is prohibited to:

• make unauthorised changes to utility connections,
• connect multiple pitches without permission,
• supply electricity or water to third parties,
• tamper with or bypass metering equipment,
• or install unauthorised cables or temporary arrangements.

(8) Heating appliances, air-conditioning systems, charging equipment for electric vehicles or other high-consumption electrical appliances may be operated only insofar as the technical design of the respective power connection permits and the Operator has not issued any contrary rules.

For reasons of grid safety, the Operator is entitled to prohibit individual devices or types of use or to limit the connected load of a pitch.

(9) The Guest is obliged to treat all utility facilities with care and to report malfunctions, damage or leaks to the Operator without undue delay.

The Guest shall be liable in accordance with the statutory provisions for damage caused by improper use or unauthorised connections.

(10) The Operator is entitled to temporarily interrupt or restrict electricity, water or other utility services where this is necessary due to maintenance work, repairs, technical faults, official orders or to avert danger.

This shall not give rise to claims for damages by the Guest provided that the Operator did not cause the interruption intentionally or through gross negligence and the restriction is limited to what is necessary.

(11) Further details concerning the use of pitches, vehicles, parking, technical connections and conduct on the Resort premises are set out in the Site Rules in their currently valid version, which form part of the accommodation contract.

(12) Electric vehicles, plug-in hybrid vehicles, e-bikes, e-scooters or other electrically powered vehicles and batteries may be charged only at the charging facilities or power connections designated and approved by the Operator for this purpose. For safety reasons, the Operator is entitled to prohibit charging at unsuitable or unapproved power connections.

§ 10 House Rules and Site Rules

(1) In addition to these General Terms and Conditions, the Site Rules in their currently valid version and, where applicable, further house, bathing, wellness, safety or usage rules issued by the Operator shall apply to stays at Silbersee Resort.

These rules form part of the accommodation contract and must be observed by all guests, fellow travellers, visitors and other authorised users throughout their stay.

(2) The currently valid rules can be viewed on the Operator’s website and will be made available to the Guest in an appropriate form upon request. By concluding the accommodation contract, the Guest acknowledges that these rules apply.

(3) The Guest is obliged to ensure that all fellow travellers, family members, visitors and other persons admitted by the Guest comply with these General Terms and Conditions and the rules referred to in paragraph 1.

To the extent permitted by law, the Guest shall be liable for breaches by such persons as for the Guest’s own conduct.

(4) The Operator is entitled to amend or supplement the Site Rules and other usage rules for objective reasons. This applies in particular in the event of:

• changes to statutory or official requirements,
• fire safety or general safety requirements,
• technical or organisational changes,
• extensions or changes to Resort operations,
• and measures required to ensure proper, safe and disruption-free operation.

Changes shall be communicated to the Guest in an appropriate manner and shall apply to existing contractual relationships only insofar as they are reasonable for the Guest, taking into account the interests of both parties.

(5) If a Guest commits a serious or repeated breach of the Site Rules, House Rules or other usage rules, the Operator is entitled to take the measures necessary to restore proper operation. These include, in particular, warnings, restrictions on use, expulsion from the Resort premises and, in the event of serious or repeated breaches of duty, extraordinary termination of the accommodation contract. Any further statutory or contractual claims of the Operator shall remain unaffected.

§ 11 Quiet Hours

(1) To ensure a pleasant, safe and restful stay for all guests, the following quiet hours apply throughout the Silbersee Resort premises:

• night-time quiet hours: daily from 10:00 p.m. to 8:00 a.m.
• midday quiet hours: daily from 1:00 p.m. to 3:00 p.m.

The quiet hours correspond to the Site Rules in their currently valid version. If the Site Rules are amended, the quiet hours specified there shall apply.

(2) During quiet hours, all activities likely to impair the peace, rest or safety of other guests must be avoided. These include in particular:

• loud conversations or other disruptive conduct,
• playing music, radios, televisions or other audio equipment at a volume audible outside the accommodation or pitch,
• parties, gatherings or events involving increased noise,
• manual work and the operation of noisy equipment or machinery,
• unnecessarily leaving engines running,
• and other avoidable noise disturbance.

(3) Even outside the designated quiet hours, every Guest must behave in such a way that other guests are neither disturbed nor endangered nor subjected to unreasonable nuisance. Mutual consideration must be shown at all times.

(4) Parents, legal guardians and other supervising persons are responsible for ensuring that children and minors also observe the applicable quiet hours and do not unreasonably disturb other guests.

(5) The Guest is obliged to ensure that fellow travellers, visitors and other persons admitted by the Guest comply with the quiet hours. To the extent permitted by law, the Guest shall be liable for their conduct as for the Guest’s own conduct.

(6) Breaches of the quiet hours constitute a breach of these General Terms and Conditions and the Site Rules. In the event of serious or repeated breaches, the Operator is entitled to take appropriate measures. These include in particular:

• verbal or written warnings,
• an instruction to cease the disturbance immediately,
• expulsion of disruptive persons from the Resort premises,
• extraordinary termination of the accommodation contract for good cause,
• and the assertion of claims for resulting damage or expenses, provided that the statutory requirements are met.

Any further statutory or contractual claims of the Operator shall remain unaffected.

§ 12 Dogs and Pets

(1) Dogs and other pets may generally be brought to the Resort only if they have been registered in advance and the Operator has expressly consented. There is no entitlement to bring or keep a pet.

The Operator is entitled to limit the number of animals per accommodation unit or pitch or to reject individual animals for objective reasons.

(2) Dogs must generally be kept on a suitable lead throughout the Silbersee Resort premises. This applies in particular on paths, communal areas, playgrounds, green spaces and in all publicly accessible areas of the Resort.

The only exceptions are areas expressly designated as off-lead areas, where such areas are available.

(3) Dogs must not endanger, disturb or otherwise adversely affect other guests. Aggressive behaviour, persistent barking and other disturbances must be avoided.

The Operator is entitled to take appropriate measures in individual cases or to exclude the animal concerned from the Resort premises if it poses a danger or causes significant disturbance to other guests or Resort operations.

(4) Any fouling caused by dogs or other pets must be removed immediately and completely by the animal keeper.

Suitable waste bags must be carried and used for this purpose. Waste may be disposed of only in the designated waste bins.

If the animal keeper fails to meet this obligation, the Operator is entitled to charge a lump-sum expense fee of EUR 50.00 per breach. The Guest shall be entitled to prove that no expense or a substantially lower expense was incurred. The right to claim any further damage shall remain reserved.

(5) Animals must not be left unattended in accommodation, vehicles, caravans, motorhomes, tents or on pitches where this could cause nuisance, danger or damage.

(6) Dogs or other pets may enter playgrounds, bathing areas, sanitary facilities and other appropriately designated areas only where this is expressly permitted.

Assistance dogs within the meaning of the statutory provisions shall remain unaffected.

(7) The Operator is entitled to refuse certain dog breeds or individual animals where this is necessary for safety reasons, due to statutory requirements or based on the specific circumstances of the individual case.

This applies in particular to animals:

• that pose a specific danger to people or other animals,
• that have previously displayed aggressive behaviour,
• or whose keeping violates statutory provisions.

The statutory provisions, in particular the Lower Saxony Dog Act (Niedersächsisches Hundegesetz – NHundG), shall remain unaffected.

(8) In accordance with the statutory provisions, the animal keeper shall bear unlimited liability for all personal injury, property damage and financial loss caused by the animal.

This applies in particular to damage to:

• rental accommodation,
• inventory,
• green spaces,
• technical facilities,
• vehicles,
• and property belonging to other guests or the Operator.

(9) Necessary special cleaning, disinfection measures, repairs or loss of use resulting from soiling or damage caused by animals shall be charged to the animal keeper on the basis of the actual expense incurred.

(10) In the event of serious or repeated breaches of the provisions of this section, the Operator is entitled to:

• exclude the animal from the Resort premises,
• prohibit the animal from remaining at the Resort,
• terminate the accommodation contract extraordinarily,
• and expel the Guest and all fellow travellers from the Resort premises.

Any further statutory or contractual claims of the Operator shall remain unaffected.

§ 13 Visitors

(1) Visitors of guests are generally welcome, provided that this does not impair the proper operation of Silbersee Resort, safety or the legitimate interests of other guests.

(2) All visitors must be registered by the Guest before entering the Resort premises insofar as the Operator has established a registration procedure for this purpose. The Operator is entitled to verify the identity of visitors and to make access conditional upon completion of the registration process.

(3) For operational, organisational or safety-related reasons, the Operator is entitled to limit the number of visitors, visiting hours and access to individual areas of the Resort, or to prohibit access in individual cases.

(4) Visitors may use the Resort premises only within the scope of the rules applicable to them. They must comply with these General Terms and Conditions, the Site Rules and all other usage rules issued by the Operator.

(5) Visitors’ vehicles may be parked only in the designated and approved parking areas. Parking vehicles on pitches, emergency access routes, green spaces or other areas not expressly approved for parking is prohibited.

(6) Parking fees and other usage charges may be levied for visitors. The Operator’s fees and charges applicable at the time of use shall apply. These may be published in particular by notice, in a price list or on the Operator’s website.

There is no entitlement to a particular parking space or to free parking.

(7) Visitors must comply with the instructions of the Operator and its employees at all times. The Operator is entitled to expel visitors from the Resort premises or refuse them access for objective reasons.

(8) The Guest is responsible for ensuring that their visitors behave properly and comply with all applicable rules. Within the scope of the statutory provisions, the Guest shall be liable as for their own conduct for all damage, soiling, disturbances and other adverse effects caused by their visitors.

(9) The Operator shall be liable for damage to vehicles or other items brought onto the premises by visitors only in accordance with the statutory provisions and the liability provisions of these General Terms and Conditions. To the extent permitted by law, parking areas are used at the visitor’s own risk.

(10) In the event of serious or repeated breaches by visitors of these General Terms and Conditions, the Site Rules or other usage rules, the Operator is entitled to:

• expel visitors from the Resort premises without delay,
• issue a premises ban,
• prohibit future access,
• and, in the event of serious breaches, terminate the accommodation contract with the Guest extraordinarily.

Any further statutory or contractual claims of the Operator shall remain unaffected.

§ 14 Vehicles

(1) The German Road Traffic Regulations (Straßenverkehrs-Ordnung – StVO) shall apply mutatis mutandis throughout the Silbersee Resort premises insofar as they are applicable and no different rules have been established.

Vehicles may be driven only at walking pace. Walking pace corresponds to a maximum speed of 5 to 7 km/h.

Every driver must adapt their driving at all times to local conditions and to the increased need to protect pedestrians, particularly children.

(2) Vehicles may be parked only in the parking spaces or parking areas designated or allocated by the Operator.

Parking is prohibited in particular on:

• emergency access routes,
• fire brigade access routes,
• green spaces,
• footpaths,
• access routes,
• and other areas not expressly approved for parking.

The Operator is entitled to have unlawfully parked vehicles removed or relocated at the expense of the keeper or driver where this is necessary to maintain proper operations or for safety reasons.

(3) The number of vehicles permitted on a pitch is determined by the respective booking and operational conditions. Additional vehicles may be parked only with the Operator’s prior consent and only in the designated visitor or additional parking areas.

The applicable fees may be charged for additional vehicles or parking spaces.

(4) Electric vehicles, plug-in hybrid vehicles, e-bikes, e-scooters and other electrically powered vehicles and batteries may be charged only at charging facilities designated and approved by the Operator for this purpose or at power connections expressly approved for charging.

For safety reasons, charging from ordinary camping power connections, extension cables, multiple sockets or other facilities not approved for this purpose is prohibited.

The Operator is entitled to interrupt unauthorised charging immediately and to disconnect the power supply to the pitch concerned where this is necessary to avert danger.

(5) Repair, maintenance or servicing work on vehicles, motorhomes, caravans or trailers is generally prohibited on the Resort premises.

The only exceptions are minor measures required to restore immediate roadworthiness or operational readiness, provided that they do not create environmental hazards, noise disturbance or adverse effects on other guests.

(6) Washing vehicles, motorhomes, caravans, trailers or other vehicles on the Resort premises is prohibited unless expressly designated areas are available for this purpose.

(7) Refuelling vehicles and handling fuels, oils or other substances hazardous to water is permitted on the Resort premises only where technically unavoidable and legally permissible. Any contamination must be removed immediately and reported to the Operator.

(8) Vehicles, motorhomes, caravans and trailers must be roadworthy, technically sound and operationally safe at all times.

Unregistered, decommissioned, non-operational or manifestly unsafe vehicles may not be parked on the Resort premises without the Operator’s consent.

(9) The Operator does not provide surveillance of parked vehicles. Vehicles are parked at the Guest’s own risk. The Operator’s liability is governed exclusively by the statutory provisions and the liability provisions of these General Terms and Conditions.

(10) In accordance with the statutory provisions, the Guest shall be liable for all damage, contamination or adverse effects caused by the Guest, fellow travellers or visitors in connection with vehicles.

This includes in particular damage to:

• roads and paths,
• green spaces,
• utility installations,
• barrier systems,
• charging facilities,
• buildings,
• and property belonging to other guests or the Operator.

(11) In the event of breaches of the provisions of this section, the Operator is entitled to:

• have vehicles relocated or removed,
• prohibit the use of individual parking spaces or pitches,
• interrupt charging processes,
• restrict vehicle traffic on the Resort premises,
• and, in the event of serious or repeated breaches, terminate the accommodation contract extraordinarily.

The resulting costs and any further statutory or contractual claims of the Operator shall remain unaffected.

§ 15 Swimming and Use of the Lake

(1) Use of the bathing area, beach and Silbersee lake is generally at the Guest’s own risk. Silbersee is a natural body of water. Before use, the Guest must independently familiarise themselves with local conditions, water depth, visibility, weather conditions, currents, signs, closures and other safety requirements.

(2) Swimming is permitted only in areas approved and marked for this purpose. Entering or using closed, non-approved or specially marked areas is prohibited.

(3) The Operator does not warrant that the bathing area or lake can be used safely at all times. In particular, risks may arise from the nature of a natural body of water, changing water levels, shallow areas, aquatic vegetation, slippery banks, stones, branches, weather conditions, restricted visibility, water quality or the conduct of other users.

(4) Lifeguard supervision shall be provided only insofar as this is arranged by the Operator and announced on site. Lifeguard supervision exists solely during the expressly published hours and the actual presence of the appointed supervisory personnel.

(5) Even when a lifeguard is present, there is no uninterrupted individual supervision of every person using the bathing area. The presence of a lifeguard does not release guests, parents, legal guardians, accompanying persons or other persons with supervisory duties from their own duties of care and supervision.

(6) There is no water supervision outside the announced lifeguard hours. Use of the lake outside these hours is entirely at the user’s own responsibility and risk.

(7) Children, minors, non-swimmers and persons with limited swimming ability may use the bathing area and lake only under the suitable, constant and responsible supervision of an adult accompanying person.

(8) Parents, legal guardians and other supervising persons are obliged to actively supervise children and minors throughout their stay at the lake, on the beach and in the water. Responsibility for such supervision is not transferred to the Operator or to any lifeguard who may be present.

(9) Swimming is prohibited:

• during thunderstorms, storms, heavy rain or other dangerous weather conditions,
• during official or operational closures,
• outside the approved bathing areas,
• during darkness unless expressly permitted,
• while significantly under the influence of alcohol, drugs, medication or other intoxicating substances,
• where health limitations could make use of the water unsafe.

(10) Jumping into the water is permitted only at locations expressly approved for this purpose. Jumping from jetties, bank structures, embankments, trees, installations, play equipment, boats or any other non-approved locations is prohibited.

(11) Guests may bring and use their own water sports equipment, in particular stand-up paddleboards, inflatable boats, kayaks, canoes, air mattresses, floating islands, sailing boats or electric boats, only if the Operator has expressly permitted this and no official, safety-related or nature-conservation reasons prevent such use.

(12) Motorised watercraft, craft with combustion engines and other equipment capable of endangering other guests, interfering with bathing operations or polluting the water are prohibited unless the Operator has expressly granted an exception.

(13) Water sports equipment is used entirely at the user’s own risk. The user is responsible for the safety, suitability and proper use of their equipment. To the extent permitted by law, the Operator accepts no liability for water sports equipment brought onto the premises, its use or any resulting damage.

(14) The instructions of the Operator, its employees, the lifeguard and other authorised persons must be followed at all times. This applies in particular during dangerous situations, overcrowding, sudden changes in weather, rescue operations, technical faults, water contamination or other safety-related circumstances.

(15) The Operator is entitled to temporarily or permanently close or restrict access to the bathing area, beach, individual areas of the water or the entire lake for objective reasons. This applies in particular in the event of:

• thunderstorms, storms, severe weather or other weather-related hazards,
• poor visibility or darkness,
• official orders,
• hygiene-related or water-quality-related reasons,
• suspected contamination,
• blue-green algae, algal blooms or other natural impairments,
• rescue or police operations,
• overcrowding,
• construction, maintenance or safety measures,
• other dangers to guests, employees or third parties.

(16) Weather-related, safety-related, official or organisational restrictions on the use of the lake, bathing area or beach shall not give rise to any entitlement to a price reduction, damages, cancellation free of charge or other reimbursement, provided that the booked accommodation or pitch remains usable and the Operator is not responsible for the restriction.

(17) The Guest is obliged to use the bathing area, beach and lake considerately, cleanly and safely. Glass bottles, breakable objects, open fires, barbecues outside approved areas and the introduction of waste, chemicals, oils, soaps or other contaminants into the water are prohibited.

(18) Animals may use the bathing area and lake only where this is expressly permitted by signs or by the Operator. In all other respects, the provisions concerning dogs and pets and the Site Rules shall apply.

(19) The Operator shall be liable for damage connected with use of the bathing area, beach and lake only in accordance with the statutory provisions and the liability provisions of these General Terms and Conditions. To the extent permitted by law, liability is excluded for risks typical of natural environments, the Guest’s own conduct, breaches of safety rules, failure to comply with signs or instructions and the conduct of other guests.

(20) In the event of breaches of the preceding provisions, the Operator is entitled to prohibit use of the bathing area or lake, expel the Guest from the bathing area or Resort premises and, in the event of serious or repeated breaches, terminate the accommodation contract extraordinarily. Any further claims of the Operator shall remain unaffected.

§ 16 Playgrounds

(1) Use of the playgrounds, play equipment and other children’s and leisure areas at Silbersee Resort is generally at the user’s own risk and only for their intended purpose.

(2) Playgrounds and play equipment may be used only by persons for whom they are intended according to their type, size, age recommendation and signage. Notices, age information, usage instructions and closures displayed on site must be observed.

(3) Parents, legal guardians and other supervising persons are obliged to supervise children and minors independently and appropriately while they use the playgrounds and play equipment.

The Operator does not assume any duty of supervision.

(4) Playgrounds may be used only in suitable weather and lighting conditions. Use may be prohibited or restricted during darkness, thunderstorms, storms, icy conditions, heavy rain or other dangerous conditions.

(5) The Operator is entitled to temporarily close playgrounds, play equipment or individual leisure areas, or restrict their use, for safety, maintenance, cleaning, repair or organisational reasons.

(6) Closed play equipment or cordoned-off areas may not be entered or used. Barriers, warning notices and instructions issued by the Operator must be strictly observed.

(7) Play equipment must be treated with care and used for its intended purpose. The following are prohibited in particular:

• deliberate damage,
• dangerous behaviour,
• climbing outside designated areas,
• pushing, jostling or throwing objects,
• use by unsuitable persons,
• use with bicycles, scooters, skateboards or similar vehicles unless expressly permitted.

(8) The Operator shall be liable for damage connected with the use of playgrounds and play equipment only in accordance with the statutory provisions and the liability provisions of these General Terms and Conditions. To the extent permitted by law, liability is excluded for damage resulting from improper use, lack of supervision, failure to observe notices or the user’s own misconduct.

(9) Damage, defects or hazards affecting play equipment or play areas must be reported to the Operator without undue delay. Clearly damaged or unsafe play equipment must not continue to be used.

(10) In the event of breaches of the preceding rules, the Operator is entitled to prohibit use of the playgrounds or play equipment, expel persons from the relevant area and, in the event of serious or repeated breaches, take further measures under these General Terms and Conditions and the Site Rules.

§ 17 Adventure Golf

(1) The Silbersee Resort adventure golf facility is intended exclusively for leisure and recreational use. Use is at the user’s own risk and permitted only during the opening and operating hours announced by the Operator.

(2) The facility may be used only with playing equipment provided or expressly approved by the Operator. Guests may use their own clubs, balls or other playing equipment only with the Operator’s prior consent.

(3) The adventure golf facility must be treated with care and used only for its intended purpose. All facilities, obstacles, playing surfaces, paths, bridges, decorative elements and technical installations must be handled carefully.

(4) For safety reasons, the following are prohibited in particular:

• entering or climbing over obstacles or decorative elements,
• hitting golf balls outside the designated lanes,
• throwing clubs, balls or other objects,
• deliberate damage or tampering with the facility,
• bringing or using vehicles, bicycles, scooters or similar means of transport on the playing surface,
• and any conduct capable of endangering other guests or disrupting play.

(5) Children under the age of 12 may use the adventure golf facility only when accompanied and constantly supervised by an adult. Parents, legal guardians and other supervising persons remain responsible for supervision throughout use.

(6) The Operator is entitled to temporarily restrict or completely suspend play for safety reasons, in particular during thunderstorms, storms, heavy rain, icy conditions, technical faults, maintenance work or other dangerous situations.

This shall not give rise to claims for damages or other compensation. Usage fees already paid shall be refunded only in accordance with the usage terms applicable at the time.

(7) The Operator shall be liable for damage connected with use of the adventure golf facility only in accordance with the statutory provisions and the liability provisions of these General Terms and Conditions.

Liability for damage arising in particular from:

• improper use of the facility,
• failure to observe notices or instructions,
• the user’s own conduct,
• inadequate supervision of children,
• the conduct of other guests,
• or risks typically associated with use of an adventure golf facility

is excluded to the extent permitted by law.

(8) Every user shall be liable in accordance with the statutory provisions for all damage they cause to the adventure golf facility, playing equipment, installations, planting or other property of the Operator.

Damage must be reported to the Operator without undue delay.

(9) Damage caused deliberately or through gross negligence shall be charged to the person responsible in the full amount of the repair, replacement and consequential costs. This includes, in particular, any necessary closure of individual lanes, loss of use, additional staff costs and necessary cleaning or repair measures.

(10) The instructions of the Operator and its employees must be followed at all times. The Operator is entitled to exclude persons who breach these General Terms and Conditions, the Site Rules or other safety rules, or who significantly disrupt play, from further use without reimbursement of the admission fee and to expel them from the premises.

(11) Commercial photography or filming, or use of the adventure golf facility for advertising, film, streaming, social media or other commercial purposes, requires the Operator’s prior written consent. This also applies to events, tournaments or other organised group events insofar as they go beyond ordinary leisure use.

§ 18 Sauna, Hot Tub and Wellness Facilities

(1) Saunas, hot tubs and other wellness and spa facilities at Silbersee Resort are used entirely at the Guest’s own risk and in accordance with these General Terms and Conditions and the Operator’s respective instructions for use.

Use requires the Guest to be physically fit to use the facilities. The Operator does not provide medical advice or supervision.

(2) Every Guest is obliged to assess their own state of health. Persons with cardiovascular disease, high blood pressure, epilepsy, open wounds, infectious diseases, pregnancy-related medical restrictions or other health risks are advised to seek medical advice before use.

Use is entirely at the Guest’s own responsibility.

(3) Children and young persons under the age of 16 may use sauna and hot tub facilities only when accompanied and constantly supervised by an adult responsible for them.

The duty of supervision remains with the parents or other supervising persons at all times. The Operator does not assume any duty of supervision.

(4) For hygiene reasons, users must shower before using the hot tub. Saunas and hot tubs may be used only in a clean and hygienic condition.

The following are prohibited in particular:

• use while suffering from an infectious disease,
• introducing soaps, shampoos, bath additives, oils or chemicals,
• bringing glass bottles or glass containers,
• eating in the hot tub or sauna,
• bringing pets.

(5) Use of the sauna or hot tub while significantly under the influence of alcohol, drugs or other intoxicating substances is prohibited.

The Operator is entitled to prohibit persons suspected of being impaired by alcohol or drugs from using the wellness facilities.

(6) The temperature of the sauna and hot tub is set by the Operator in accordance with technical and hygiene requirements.

There is no entitlement to a particular water or room temperature.

The Guest must not make any changes to controls, regulators, heating systems, pumps or other technical equipment.

In particular, it is prohibited to:

• alter temperature limits,
• disable safety devices,
• tamper with technical systems,
• add or drain water without authorisation,
• introduce chemical additives,
• or otherwise interfere with technical equipment.

(7) The sauna, hot tub and all wellness facilities must be treated with care.

In accordance with the statutory provisions, the Guest shall be liable for all damage caused by improper use, operating errors, intentional or negligent conduct or breaches of these General Terms and Conditions.

This includes in particular damage to:

• heating and filtration systems,
• pumps,
• control systems,
• water treatment systems,
• sauna technology,
• furniture,
• glazing,
• wood panelling,
• and all technical equipment.

(8) Any damage, malfunctions or unusual operating conditions identified must be reported to the Operator without undue delay. Facilities that are visibly damaged or not functioning properly must not continue to be used.

(9) The Operator is entitled to temporarily take wellness facilities out of service or restrict their use at any time for safety, hygiene, maintenance, repair or technical reasons.

This shall not give rise to claims for damages, a price reduction or other compensation, provided that the restriction is only temporary and was not caused intentionally or through gross negligence by the Operator.

(10) Use is subject to the generally accepted safety rules. In particular, it is prohibited to:

• jump into the hot tub,
• climb on fittings or surrounds,
• remove or alter rescue or safety equipment,
• use electrical devices in or immediately adjacent to the hot tub or sauna,
• or use the facilities in any way capable of endangering persons or damaging the facilities.

(11) The Operator shall be liable for damage connected with use of the sauna or hot tub only in accordance with the statutory provisions and the liability provisions of these General Terms and Conditions.

Liability for health impairments or accidents resulting in particular from:

• overestimating one’s own physical capacity,
• pre-existing health conditions,
• failure to observe the instructions for use,
• inadequate supervision of children,
• impairment caused by alcohol or drugs,
• or improper use

is excluded to the extent permitted by law.

(12) In the event of serious or repeated breaches of the provisions of this section, the Operator is entitled to:

• prohibit use of the wellness facilities with immediate effect,
• block access to the sauna and hot tub,
• terminate the accommodation contract extraordinarily,
• and demand damages and reimbursement of all resulting expenses.

Any further statutory or contractual claims of the Operator shall remain unaffected.

§ 19 Barbecues, Fire Pits and Fire Safety

(1) For reasons of fire safety, environmental protection and personal safety, barbecuing and lighting fires on the Silbersee Resort premises are permitted only in accordance with the following provisions.

(2) As a general rule, barbecuing is permitted only with gas barbecues that are in proper technical condition.

Charcoal barbecues, disposable barbecues, pellet grills, wood-fired barbecues, smokers and other barbecuing equipment involving open embers are prohibited unless the Operator has expressly granted an exception or approved a specially designated area for this purpose.

(3) Open fireplaces, campfires, fire baskets, fire bowls, Swedish torches and comparable fires may be used only at fire pits expressly approved and marked by the Operator for this purpose.

There is no entitlement to use a fire pit.

(4) Lighting fires outside expressly approved fire pits is prohibited throughout the Resort premises.

This applies in particular to:

• pitches,
• terraces,
• green spaces,
• beach areas,
• woodland and lakeside areas,
• car parks,
• paths,
• and all other areas not expressly approved for this purpose.

(5) Gas barbecues may be operated only:

• on pitches approved for this purpose by the Operator,
• on the terraces of rental accommodation,
• or in expressly designated barbecue areas.

Gas barbecues may be operated only in these areas.

The Operator is entitled to close individual areas to barbecuing or open fires at any time for safety reasons.

(6) Only gas barbecues in proper technical condition that comply with statutory safety requirements and the generally accepted rules of technology may be used.

The Operator is entitled to prohibit the operation of barbecues that are visibly damaged or unsafe at any time.

(7) Before every use, the Guest is obliged to satisfy themselves that the barbecue and the connected gas cylinders, pressure regulators, hoses and safety devices are safe to operate.

The Operator does not inspect privately owned barbecues and accepts no responsibility for their technical condition.

(8) Barbecues and approved fire pits may be operated only under constant supervision.

After use, it must be ensured that all flames and embers have been completely extinguished and no fire hazard remains.

(9) In the event of an increased forest fire risk, official orders, storms, drought or other safety-related circumstances, the Operator is entitled to temporarily or completely prohibit barbecuing and all open fires at any time, including at fire pits that are normally approved.

The instructions of the Operator and its employees must be followed immediately.

(10) Burning waste, garden waste, paper, cardboard, packaging or other objects is prohibited throughout the Resort premises.

(11) Gas cylinders may be operated and stored only in accordance with statutory provisions and the manufacturer’s instructions.

Damaged, leaking or visibly unsafe gas systems must not be used.

(12) In accordance with the statutory provisions, the Guest shall be liable for all damage caused by the Guest, fellow travellers, visitors or the barbecues or fire pits used by them.

This includes in particular damage to buildings, rental accommodation, pitches, technical facilities, trees, green spaces and property belonging to other guests or the Operator.

(13) If a breach of this section causes the Operator to incur additional costs or expenses, in particular due to fire brigade operations, safety measures, repairs, cleaning work, business interruptions or loss of use, these shall be reimbursed by the Guest in accordance with the statutory provisions.

(14) In the event of breaches of the provisions of this section, the Operator is entitled to:

• immediately prohibit the barbecue or fire,
• require removal of the barbecue,
• expel persons from the Resort premises,
• and, in the event of serious or repeated breaches, terminate the accommodation contract without notice for good cause.

Any further statutory or contractual claims of the Operator shall remain unaffected.

§ 20 Drones and Unmanned Aircraft Systems

(1) Launching, landing or operating drones and other unmanned aircraft systems (UAS) is generally prohibited throughout the Silbersee Resort premises.

This applies irrespective of weight, size, camera functionality or any official permit held by the drone operator.

(2) Exceptions are permitted only with the Operator’s prior written authorisation.

There is no entitlement to receive such authorisation.

(3) Authorisation may be refused or revoked in particular where:

• the privacy of other guests could be impaired,
• the safety interests of Resort operations conflict with the proposed use,
• animals or the natural environment could be disturbed,
• Resort operations would be impaired,
• statutory or official provisions conflict with the proposed use,
• or other legitimate interests of the Operator require this.

(4) Taking photographs, video, film or audio recordings using drones is prohibited without the Operator’s express written consent.

The drone operator is independently responsible for complying with data protection provisions, in particular the General Data Protection Regulation (GDPR), the German Art Copyright Act (Kunsturhebergesetz – KUG) and other statutory provisions.

(5) Drone operations must not endanger or adversely affect guests, visitors, employees, animals or Resort operations.

In particular, any operation is prohibited if it:

• startles or disturbs animals,
• disturbs other guests,
• causes noise,
• interferes with the privacy of third parties,
• or impairs the safety of Resort operations.

(6) In accordance with the statutory provisions, the drone operator shall be liable for all personal injury, property damage and financial loss caused by operation of the drone.

This applies in particular to damage to:

• buildings,
• vehicles,
• trees and green spaces,
• technical facilities,
• property belonging to other guests,
• and property belonging to the Operator.

(7) The Operator accepts no liability for damage to, loss of or theft of drones or other aircraft brought onto the premises.

(8) In the event of breaches of this section, the Operator is entitled to:

• prohibit operation of the drone with immediate effect,
• require the flight to be terminated immediately,
• require removal of the drone from the Resort premises,
• issue a premises ban,
• terminate the accommodation contract extraordinarily for good cause,
• and claim damages in accordance with the statutory provisions.

Any further statutory or contractual claims of the Operator shall remain unaffected.

§ 21 Fishing

(1) Fishing is generally prohibited throughout the Silbersee Resort premises and in Silbersee lake.

This applies irrespective of whether the Guest holds a fishing licence, fishing permit or other authorisation.

(2) Exceptions require the Operator’s prior express written authorisation.

There is no entitlement to receive such authorisation.

(3) Carrying or deploying fishing rods, fish traps, nets, lift nets, traps or other fishing equipment for the purpose of catching fish is prohibited without the Operator’s authorisation.

(4) Feeding fish or introducing feed, bait or other substances into the lake is not permitted without the Operator’s express consent.

(5) In the event of a breach of this fishing prohibition, the Operator is entitled to:

• require the fishing activity to cease immediately,
• instruct the Guest to remove all fishing equipment,
• secure fishing equipment until the person leaves the Resort premises, insofar as this is necessary to avert danger or enforce the Operator’s house rules and is legally permissible,
• expel the Guest from the Resort premises,
• and terminate the accommodation contract extraordinarily and without notice for good cause.

(6) The Operator is entitled to charge a lump-sum expense fee of EUR 250.00 for the additional inspection, administrative and organisational work caused by a breach of this fishing prohibition.

The Guest expressly reserves the right to prove that no expense or a substantially lower expense was incurred.

The Operator remains entitled to claim any further damage in accordance with the statutory provisions.

(7) In accordance with the statutory provisions, the Guest shall be liable for all damage, adverse effects or costs resulting from unauthorised fishing or breaches of this section. This includes, in particular, damage to fish stocks, Resort facilities and bank structures, as well as the costs of necessary inspections, safety measures or official proceedings.

(8) Any further statutory claims and the Operator’s right to enforce its house rules shall remain unaffected.

§ 22 Liability of the Guest

(1) The Guest is obliged to use all accommodation, pitches, facilities, technical systems and the entire inventory made available to them during the stay with care and diligence and exclusively for their respective intended purpose.

(2) In accordance with the statutory provisions, the Guest shall be liable for all damage, soiling, losses or other adverse effects culpably caused by the Guest or by fellow travellers, visitors, children, pets or other persons admitted by the Guest.

(3) The Guest’s liability includes in particular damage to or loss of:

• buildings and structural facilities,
• holiday homes and other rental accommodation,
• furniture and furnishings,
• kitchens, electrical appliances and household appliances,
• crockery, glasses, cutlery and other inventory,
• heating, air-conditioning, sanitary and ventilation systems,
• hot tubs, saunas and all wellness facilities,
• technical facilities and controls,
• keys, key cards, transponders and other access media,
• electricity, water and wastewater installations,
• windows, doors and glazing,
• terraces, fences and outdoor facilities,
• bicycles, rental bicycles, e-bikes and other hired or loaned items,
• play and leisure facilities,
• and all other property belonging to the Operator.

(4) The Guest is obliged to report damage, defects, malfunctions or losses to the Operator without undue delay after discovering them.

If the Guest culpably fails to report them and this causes further damage or additional expense, the Guest shall also be liable for such consequential damage.

(5) If keys, key cards, transponders, electronic access media or other locking-system components are lost or damaged, the Guest shall be liable for all resulting costs.

These include in particular:

• replacement,
• reprogramming of electronic locking systems,
• replacement of lock cylinders,
• replacement of complete locking systems,
• security measures,
• staff and administrative work,
• and any resulting loss of use.

(6) If the Guest damages technical facilities, in particular sauna, hot tub, heating, air-conditioning, electrical, water or other utility systems, the Guest shall be liable for all resulting repair, restoration, inspection and consequential costs.

This also applies in particular to damage caused by improper operation, unauthorised alterations or failure to follow operating instructions.

(7) Normal wear and tear resulting from contractual use shall not give rise to liability on the part of the Guest.

(8) The Operator is entitled to document damage before it is remedied, in particular by taking photographs, making video recordings or engaging experts.

The Guest shall bear the resulting costs insofar as it is established that the Guest caused the damage.

(9) If, due to damage caused by the Guest, the Operator must satisfy claims by third parties or official measures become necessary, the Guest shall indemnify the Operator against all resulting costs, claims and expenses insofar as the Guest is responsible for the damage.

(10) The Operator is entitled to set off legitimate claims for damages against any security deposit paid. Any further claims for damages shall remain unaffected.

(11) If accommodation or a facility temporarily cannot be let or used, or can be let or used only to a limited extent, due to damage caused by the Guest, the Guest shall also be liable for the resulting loss of use insofar as this is compensable under the statutory provisions.

(12) The Operator expressly recommends that the Guest take out private liability insurance providing adequate cover for personal injury, property damage and financial loss.

(13) The preceding provisions shall not affect any further statutory claims for damages by the Operator.

(14) To ensure transparent handling of damage, losses and exceptional cleaning or restoration measures, the Operator maintains a Schedule of Damage and Costs.

This Schedule of Damage and Costs forms part of the accommodation contract and can be inspected in its currently valid version at the Operator’s premises or accessed on its website.

It provides a transparent overview of typical cases of damage and the expenses regularly incurred in connection with them.

(15) The Schedule of Damage and Costs includes, in particular but not exhaustively, provisions concerning the following cases:

• loss of keys, key cards, transponders or other access media,
• special cleaning following unauthorised smoking,
• special cleaning due to exceptional soiling,
• special cleaning caused by pets,
• replacement of missing or damaged furniture,
• replacement of damaged mattresses, bedding or upholstered furniture,
• replacement of missing or damaged crockery, cutlery, glasses and kitchen equipment,
• damage to hot tubs, saunas or other wellness facilities,
• damage to technical facilities,
• damage to inventory and equipment,
• restoration costs following improper use,
• and other typical cases of damage and expense.

(16) The amounts listed in the Schedule of Damage and Costs generally represent the regular replacement value, customary repair costs or the expense typically incurred.

The Guest expressly reserves the right to prove that the Operator incurred no loss or only a smaller loss.

The Operator remains entitled to claim any actually higher loss in accordance with the statutory provisions.

§ 23 Liability of the Operator

(1) The Operator shall have unlimited liability for damage resulting from an intentional or grossly negligent breach of duty by the Operator, its legal representatives or vicarious agents.

(2) The Operator shall also have unlimited liability for damage resulting from injury to life, limb or health caused by an intentional or negligent breach of duty by the Operator, its legal representatives or vicarious agents.

(3) In the event of a slightly negligent breach of a material contractual obligation (cardinal obligation), the Operator’s liability shall be limited to the foreseeable damage typical of the contract.

Cardinal obligations are obligations whose performance is essential for the proper execution of the accommodation contract and on whose fulfilment the Guest may ordinarily rely.

(4) In all other respects, liability of the Operator for damage caused by slight negligence is excluded to the extent permitted by law.

(5) The Operator does not warrant that all Resort facilities, installations or offers will be available at all times.

In particular, no liability shall arise for temporary restrictions or failures due to:

• maintenance or repair work,
• technical faults,
• electricity, water, gas or internet outages,
• official orders,
• safety measures,
• weather conditions,
• force majeure,
• natural events,
• or other circumstances outside the Operator’s sphere of influence,

provided that the Operator is not responsible for intentional or grossly negligent conduct.

(6) The Operator shall not be liable for adverse effects on the stay resulting from natural or location-specific conditions.

These include in particular:

• weather conditions,
• rain, storms or thunderstorms,
• pollen,
• fallen leaves,
• sand,
• mud,
• algal growth,
• aquatic plants,
• insects,
• mosquitoes,
• ticks,
• wild animals,
• bird droppings,
• natural sounds,
• odours from woodland, bodies of water or agriculture,
• and other natural phenomena.

These do not constitute a defect in the booked accommodation or the Resort premises.

(7) The Operator shall not be liable for interruptions or restrictions to services caused by third parties and outside the Operator’s sphere of influence.

These include in particular disruptions to the public electricity, water, gas, telecommunications or internet supply, and failures of mobile communications networks or navigation services.

(8) The Operator shall not be liable for damage or adverse effects caused by the conduct of other guests, visitors or other third parties unless these result from a culpable breach of the Operator’s duties to maintain safety.

(9) The Operator shall not be liable for items, vehicles or other property belonging to the Guest unless statutory liability exists or the Operator has expressly accepted them for safekeeping.

The statutory provisions governing the liability of innkeepers under Sections 701 et seq. BGB shall remain unaffected.

(10) All limitations of liability contained in these General Terms and Conditions shall apply correspondingly for the benefit of the Operator’s legal representatives, employees, vicarious agents and other persons commissioned by the Operator to provide services.

(11) Mandatory statutory liability provisions, in particular under the German Product Liability Act or other mandatory statutory provisions, shall remain unaffected.

(12) The Operator does not owe any particular holiday outcome or any particular weather conditions, water quality, absence of animals or plants, internet speed, mobile network coverage, quiet or other subjective expectations of the Guest. Seasonal, weather-related or natural changes and temporary restrictions affecting individual facilities or offers shall generally not constitute a defect in the service owed, provided that contractual use of the booked accommodation or pitch is not materially impaired.

§ 24 Liability for Valuables, Vehicles and Items Brought onto the Premises

(1) The Operator does not provide surveillance or safekeeping of items, vehicles or other property brought onto the premises by the Guest unless a separate safekeeping agreement has expressly been concluded.

(2) Every Guest is personally responsible for adequately protecting their valuables, vehicles and other personal belongings against loss, damage, theft or other adverse effects.

(3) The Operator shall be liable for loss, theft, damage or destruction of items brought onto the premises only in accordance with the statutory provisions.

The statutory provisions governing the liability of innkeepers under Sections 701 et seq. BGB shall remain unaffected.

(4) To the extent permitted by law, the Operator accepts no liability in particular for:

• cash,
• jewellery,
• watches,
• precious metals,
• securities,
• documents,
• data storage media,
• mobile phones,
• tablets,
• laptops,
• cameras,
• drones,
• bicycles,
• e-bikes,
• pedelecs,
• e-scooters,
• stand-up paddleboards,
• canoes,
• kayaks,
• inflatable boats,
• boats,
• fishing equipment,
• sports and leisure equipment,
• camping equipment,
• motor vehicles,
• motorhomes,
• caravans,
• trailers,
• and other valuables or personal belongings,

unless statutory liability applies or the Operator has expressly accepted the items for safekeeping.

(5) Parking or leaving vehicles, bicycles, e-bikes, stand-up paddleboards, boats or other items on the Resort premises does not establish a safekeeping contract.

In particular, the provision of pitches, parking areas, bicycle stands, boat storage areas or other storage facilities does not constitute the Operator’s assumption of any duty of surveillance or safekeeping.

(6) The Operator expressly recommends that valuables not be left unattended and that vehicles and other items always be secured against theft.

Bicycles, e-bikes and other high-value sports or leisure equipment should additionally be protected against theft using suitable security devices.

(7) In accordance with the statutory provisions, the Guest shall be liable for all damage caused by items brought onto the premises by the Guest.

This applies in particular to damage caused by:

• leaking operating fluids,
• damaged rechargeable batteries,
• gas cylinders,
• batteries,
• technical defects,
• or other hazardous items.

(8) Lost property must be handed over to the Operator without undue delay. Unclaimed lost property shall be dealt with in accordance with the statutory provisions.

(9) The preceding liability provisions shall not apply insofar as the damage results from an intentional or grossly negligent breach of duty by the Operator, its legal representatives or vicarious agents, or where mandatory statutory liability applies.

§ 25 Electricity Supply, Internet and Telecommunications

(1) Where the Operator provides guests with internet access (Wi-Fi), this is a voluntary service. There is no entitlement to its provision, to a particular bandwidth or transmission speed, to availability at all times or to uninterrupted use.

(2) The Operator does not warrant the continuous availability of Wi-Fi or other telecommunications services. Restrictions or failures may arise in particular from:

• maintenance or repair work,
• technical faults,
• power outages,
• failures of external telecommunications providers,
• mobile network disruptions,
• network congestion,
• force majeure,
• official orders,
• or other circumstances outside the Operator’s sphere of influence.

This shall not give rise to claims by the Guest for a price reduction, damages or other compensation, provided that the Operator did not cause the disruption intentionally or through gross negligence.

(3) Electricity is supplied to the Resort through public supply networks and the Operator’s technical systems. Despite proper maintenance, brief interruptions, voltage fluctuations or temporary supply failures cannot be completely ruled out.

The Operator shall be liable for resulting damage only in accordance with the statutory provisions and the liability provisions of these General Terms and Conditions.

(4) There is no entitlement to any particular mobile network coverage or reception quality. Reception quality and network availability depend exclusively on the respective mobile network operators and local conditions.

(5) Internet access may be used only in accordance with applicable law and these General Terms and Conditions.

In particular, it is prohibited to:

• access, distribute or make available unlawful content,
• infringe copyright or other third-party rights,
• distribute malware, viruses or other harmful programs,
• circumvent network security measures,
• manipulate or impair the network without authorisation,
• send spam or bulk email,
• carry out or support attacks on IT systems,
• or use internet access for any other unlawful purpose.

(6) The Operator is entitled to restrict, monitor or wholly or partially block internet access for security, youth protection, data protection or operational reasons.

In particular, the Operator is entitled to block access to certain websites, services, applications or content.

This applies in particular to:

• pornographic and youth-endangering content,
• extremist content or content glorifying violence,
• content depicting the sexual abuse of children or young persons,
• gambling services insofar as their use is unlawful,
• file-sharing, torrent and comparable exchange services,
• malware, phishing and fraud websites,
• known botnets,
• command-and-control servers,
• illegal streaming services,
• hacking and cybercrime platforms,
• and other content or services whose use violates applicable law or could endanger the secure operation of the Resort network.

(7) The Operator is entitled to block or allow further categories of internet services or individual websites at any time where this is necessary or appropriate for reasons of IT security, youth protection, data protection, network stability or compliance with statutory provisions.

There is no entitlement to unrestricted internet access or access to particular internet services.

(8) In accordance with the statutory provisions, the Guest shall be liable for all damage, costs or third-party claims resulting from unlawful or contractually prohibited use of internet access by the Guest, fellow travellers or visitors.

(9) In the event of breaches of this section, the Operator is entitled to:

• wholly or partially block internet access,
• permanently exclude individual devices from the network,
• terminate the accommodation contract extraordinarily for good cause,
• claim damages,
• and inform law enforcement or security authorities insofar as there is a statutory obligation or authorisation to do so.

Any further statutory or contractual claims shall remain unaffected.

§ 26 Natural Risks and Environmental Influences

(1) Silbersee Resort is situated in a natural environment with woodland, water and green spaces. Use of the Resort premises is subject to the natural characteristics of the location and the unavoidable risks associated with them.

The Guest acknowledges that natural influences do not constitute a defect in the booked accommodation or the Resort premises.

(2) Natural conditions include, in particular but not exhaustively:

• branches, twigs or cones falling as a result of wind or weather,
• trees, shrubs, roots and uneven ground,
• sand, soil, dust, leaves or mud,
• pollen,
• blossom, seeds and plant matter,
• mosquitoes, flies, wasps, bees, bumblebees and hornets,
• ticks and other insects,
• spiders,
• wild animals,
• birds,
• fish,
• amphibians,
• reptiles,
• aquatic plants,
• algae,
• natural clouding of the water,
• bird droppings,
• natural sounds,
• odours from woodland, bodies of water or agricultural areas,
• weather conditions and other natural phenomena.

(3) The Guest is obliged to independently prepare for the particular features of a stay in a natural environment and to take suitable protective measures.

These include in particular:

• wearing suitable footwear,
• observing warning notices,
• protecting oneself against sun and heat,
• using suitable insect and tick repellents,
• checking the body after time spent in woodland or green areas,
• and behaving in a manner appropriate to local conditions.

(4) Within the scope of its statutory duties to maintain safety, the Operator carries out regular inspections and the necessary maintenance, servicing and safety measures.

However, due to the natural design of the Resort premises, it is neither possible nor contractually required to eliminate all natural hazards or influences completely.

(5) The Operator is entitled to temporarily or permanently close individual areas of the Resort premises, paths, playgrounds, green spaces, woodland areas, beach areas or other facilities for safety reasons.

This applies in particular in the event of:

• storm or severe-weather warnings,
• increased forest fire risk,
• high water,
• ice or snow,
• tree inspections or felling work,
• algal growth,
• official orders,
• or other dangerous situations.

The instructions of the Operator and its employees must be followed immediately.

(6) The Operator accepts no liability for damage or adverse effects attributable exclusively to natural or weather-related conditions, in particular:

• falling branches, twigs, cones or fruit as a result of ordinary weather conditions,
• insect stings or tick bites,
• encounters with wild animals,
• allergic reactions to pollen or plants,
• soiling caused by sand, leaves or bird droppings,
• natural changes in water quality,
• algal growth,
• natural sounds,
• or other phenomena typical of a natural environment,

unless the Operator acted intentionally or through gross negligence or culpably breached a statutory duty to maintain safety.

(7) In particular, the Operator does not warrant that the Resort premises or Silbersee lake will be free of insects, wild animals, aquatic plants, algae, pollen, dust, sand or other natural influences.

(8) Weather-related restrictions on the usability of individual facilities or outdoor areas, in particular due to rain, storms, wind, heat, frost, snow or thunderstorms, shall generally not constitute a defect in the booked service and shall not entitle the Guest to a price reduction, cancellation free of charge or damages, provided that the booked accommodation or pitch can still be used in accordance with the contract.

(9) Guests are obliged to report visible hazards, damage or unusual natural events to the Operator without undue delay insofar as this is possible and reasonable for them.

(10) The Operator’s statutory duties to maintain safety and any further mandatory statutory liability provisions shall remain unaffected by the preceding provisions.

§ 27 Video Surveillance

(1) Parts of the Silbersee Resort premises, including beach and access areas, may be subject to video surveillance for the purpose of exercising the Operator’s house rights, protecting guests, visitors and employees, preventing and investigating criminal offences, safeguarding Resort operations and protecting the Operator’s property.

(2) Video surveillance is carried out exclusively in accordance with applicable data protection provisions, in particular the General Data Protection Regulation (GDPR), the German Federal Data Protection Act (Bundesdatenschutzgesetz – BDSG) and other relevant statutory provisions.

(3) All areas under video surveillance shall be identified by appropriate signs.

(4) Video surveillance shall be limited to those areas where it is necessary to protect the Operator’s legitimate interests.

These include in particular:

• entrance and access areas,
• car parks,
• traffic routes,
• beach access points,
• beach areas insofar as permitted under data protection law,
• access points to the bathing area,
• reception and service areas,
• communal facilities,
• technical facilities,
• utility installations,
• bicycle parking facilities,
• waste collection points,
• and other safety-relevant areas.

(5) The beach is a publicly accessible or communally used area of the Resort. Guests must expect that video recordings may be made there, to the extent permitted under data protection law, for the purpose of exercising the Operator’s house rights, averting danger, safeguarding Resort operations and preventing and investigating criminal offences.

(6) Video surveillance shall not take place in areas where guests may legitimately expect a particular degree of privacy.

These include in particular:

• sanitary facilities,
• showers,
• toilets,
• changing rooms,
• saunas,
• hot tubs,
• sleeping and living areas within accommodation,
• and comparable private and intimate areas.

(7) Personal data collected through video surveillance shall be processed exclusively for legally permissible purposes and stored only for as long as necessary to achieve the respective purpose or to comply with statutory retention obligations.

(8) Where legally permitted or required, video recordings may be transmitted to the police, law enforcement authorities, courts, insurers or other authorised public or private bodies.

(9) By entering appropriately marked areas, the Guest agrees that those areas may be subject to video surveillance in accordance with the statutory provisions. There is no entitlement to use areas that are not subject to video surveillance.

(10) Details concerning the processing of personal data in connection with video surveillance are set out in the Operator’s Privacy Policy in its currently valid version. It can be viewed on the Operator’s website and at reception or other appropriate locations within the Resort.

(11) The provisions of the Site Rules and the Privacy Policy supplement the provisions of this section and shall otherwise remain unaffected.

§ 28 Photographic, Film and Media Recordings

(1) As part of Resort operations and at events, promotional activities, guided tours, openings, marketing activities or other special occasions, the Operator or persons commissioned by the Operator may take photographs and make film, audio or video recordings.

(2) The recordings may be used in particular to document Resort operations, for reporting, public relations, corporate communications and advertising Silbersee Resort.

This includes in particular publication on:

• the Operator’s website,
• social media platforms,
• printed media,
• advertising brochures,
• presentations,
• press releases,
• digital advertising media,
• and other communication and marketing channels used by the Operator.

(3) Applicable data protection provisions, in particular the General Data Protection Regulation (GDPR), the German Federal Data Protection Act (BDSG) and the German Art Copyright Act (KUG), shall be observed when photographs, films or video recordings are created and published.

(4) Where required by law, identifiable images of persons shall be created or published only on the basis of valid consent or another statutory legal basis.

(5) Guests who do not wish to be photographed or filmed are asked to inform the Operator’s employees or the photographer on site. The Operator shall take the legitimate interests of the persons concerned into account within the limits permitted by law.

(6) Commercial photography or filming, or the creation of image, audio or video recordings for advertising, marketing, streaming, influencer, press or other commercial purposes by guests or third parties, requires the Operator’s prior written consent.

This applies in particular to:

• advertising productions,
• corporate films,
• social media campaigns,
• live streams,
• product photography,
• corporate presentations,
• influencer marketing,
• and other commercial media productions.

(7) Without the Operator’s consent, it is prohibited in particular to:

• make professional or commercial recordings,
• make drone recordings,
• specifically film or photograph employees or other guests,
• make recordings capable of damaging the reputation of the Resort or infringing third-party rights,
• or use recordings for unlawful or immoral purposes.

(8) In the event of breaches of this section, the Operator is entitled to:

• prohibit the recordings with immediate effect,
• require the deletion of recordings made unlawfully insofar as there is a legal basis for doing so,
• expel persons from the Resort premises,
• terminate the accommodation contract extraordinarily for good cause,
• and assert any further statutory claims.

(9) Data protection information concerning the processing of personal data in connection with photographic, film and video recordings is additionally set out in the Operator’s Privacy Policy.

§ 29 Consumer Dispute Resolution

(1) The European Online Dispute Resolution platform (ODR platform) has been discontinued and is no longer available.

(2) Silbersee Resort Betriebsgesellschaft mbH is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration body within the meaning of the German Consumer Dispute Resolution Act (Verbraucherstreitbeilegungsgesetz – VSBG).

(3) The right of the contracting parties to assert their claims before the competent courts shall remain unaffected.

§ 30 Severability

(1) Should individual provisions of these General Terms and Conditions be or become wholly or partly invalid, void or unenforceable, the validity of the remaining provisions shall remain unaffected.

(2) The statutory provisions shall take the place of any invalid or unenforceable provision. The same shall apply if these General Terms and Conditions contain a regulatory gap.

(3) Mandatory statutory provisions shall remain unaffected by the provisions of these General Terms and Conditions.

§ 31 Jurisdiction, Applicable Law and Contract Language

(1) All legal relationships between the Operator and the Guest shall be governed exclusively by the law of the Federal Republic of Germany, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG), unless mandatory statutory provisions, in particular provisions protecting consumers, provide otherwise.

(2) If the Guest is a merchant within the meaning of the German Commercial Code (Handelsgesetzbuch – HGB), an entrepreneur within the meaning of Section 14 BGB, a legal entity under public law or a special fund under public law, the registered office of Silbersee Resort Betriebsgesellschaft mbH shall, to the extent permitted by law, be the exclusive place of jurisdiction for all disputes arising from or in connection with the contractual relationship.

This shall also apply, to the extent permitted by law, if the Guest has no general place of jurisdiction in Germany, relocates their residence or registered office abroad after the contract has been concluded, or if their residence, registered office or habitual place of residence is unknown when legal proceedings are commenced.

(3) In relation to consumers within the meaning of Section 13 BGB, only the statutory provisions governing jurisdiction and competence shall apply.

(4) To the extent permitted by law, the place of performance for all services under the contractual relationship shall be Silbersee Resort or the registered office of Silbersee Resort Betriebsgesellschaft mbH.

(5) The sole contract language is German. If these General Terms and Conditions or other contractual documents are translated into other languages or made available in multiple languages, only the German version shall be binding for legal interpretation. In the event of discrepancies or doubts concerning interpretation, the German-language version alone shall prevail.

(6) Mandatory statutory provisions, in particular provisions protecting consumers and mandatory international rules on jurisdiction or consumer protection, shall remain unaffected by the preceding provisions.