Terms of Service
General terms and conditions of Tiergarten Tautendorf eV
These general terms and conditions apply to all oral and written contractual relationships that relate to the performance of Tiergarten Tautendorf eV and the associated ancillary services, unless otherwise stated in an individually concluded contract.
§ 1. Conclusion of contract
The offers of Tiergarten Tautendorf eV are subject to change and non-binding. Drawings, illustrations, dimensions, weights or other performance data are only binding if this has been expressly agreed in writing. A contract is always concluded in writing! It doesn't matter if a room reservation, a meal or a celebration. A legally effective contract acceptance with accompanying hospitality contract only comes into being when this has been confirmed by us in writing by email or post to the customer!
In the case of agreements by telephone, new media or verbally, no legally effective contract is concluded! These can only be used to prepare for a contract. In the event of longer periods of time between the conclusion of a contract and the celebration, customers are asked to contact us at least 2 weeks before the event/meal in order to discuss the last details, the number of people to be expected, etc. In special cases such as illness or similar, we ask that you discuss the number of people or the scope of services at least 48 hours before the event. A later correction of the contract is no longer possible and the agreed contract becomes valid!
All services offered on this site or on the club premises are for the account of Tiergarten Tautendorf eV and are required 100% for the care of the animals, maintenance of the facility and execution of our social projects. We work non-profit and not for profit!
§ 2. Deliveries
Delivery or service delays due to force majeure and due to events that make deliveries significantly more difficult or impossible for Bier- & Tiergarten Tautendorf, not only temporarily, are not the responsibility of Bier- & Tiergarten Tautendorf, even in the case of bindingly agreed deadlines and dates. They entitle Bier- & Tiergarten Tautendorf to postpone the deliveries or services for the duration of the hindrance plus a reasonable start-up time or to withdraw from the contract in whole or in part due to the part that has not yet been fulfilled, without any claims arising for the customer. If the postponement would exceed an event, the customer himself, after consultation with Tautendorf Zoo, must obtain a full replacement for the order.
§ 3. Rental items, rental period, return
The rental items are furniture, crockery, glasses and other accessories specified in the order confirmation. The rented items are only made available to the renter for the agreed purpose for the sector-relevant and professional use and for the duration of the agreed period. Work done by Tiergarten Tautendorf for construction, decoration, furnishing, basic cleaning and dismantling is not included in the rental price and will be invoiced separately at cost, per employee and hour. The meals delivered by Tiergarten Tautendorf are served on and in rental crockery and equipment. All borrowed items must be returned. The cleaning will be taken over by Tiergarten Tautendorf and charged to the contractual partner! Missing quantities, breakage and chipped crockery are at the expense of the contractual partner and are invoiced at the replacement value.
From April 2020, room rentals will only be made in writing. We collect information such as first and last name on a form. address, phone number. Furthermore, all contract data are listed. Changes are up to 48 hours in advance beginning of the event and must be in writing. We charge a booking fee of 25%, which is offset against the total amount.
§ 4. House rules
The domiciliary rights always remain with the Tiergarten Tautendorf eV or with the house owner in all his premises or at events with separate contractual clauses!
§ 5. Reservations and Cancellation
1. When making reservations on the premises of Tiergarten Tautendorf eV, an exact expected number of people must be specified no later than 5 days before the start of the event, since the purchase and preparation of the food must be secured! If the number of people to eat is reduced to 3 people, 24 hours in advance are sufficient! Changes in the number of people must be communicated at least 24 hours before the start of the event. In the event of later changes, Tautendorf Zoo is entitled to demand a reasonable partial amount as compensation.
2. When canceling reservations with more than 15 people, a period of up to 1 week before the agreed date must be observed. For reservations of less than 15 people up to 3 days before the agreed date. Exceptional cases are individually regulated contracts, which contain, for example, special requests for food, room catering, event execution, etc. The agreed deadline must be observed here. In the event of non-compliance with the deadlines, a reasonable amount, calculated on the reported number of people and food requests, will be billed to the contractual partner by the Tautendorf Beer & Zoo.
3. If the contractual event or reservation cannot take place due to force majeure, i.e. an event not related to one of the contracting parties (e.g. war, natural disasters, strike, official measures, death, serious illness with a certificate, etc.), each contracting party shall bear its own costs costs and any expenses incurred up to that point. Claims for damages are mutually excluded.
4. For events outside of Tiergarten Tautendorf's own premises, the separately agreed contracts apply!
§ 6. Advertising, photographing and filming
Advertising, photography and filming on the premises or outside area must be approved in advance by Tiergarten Tautendorf eV. Unauthorized photo / video publications on the Internet or other media will be prosecuted!
§ 7. Claim for damages
In the event of damage, theft, soiling, etc. of property or the premises of Tiergarten Tautendorf eV there is a claim for damages against the contractual partner of the respective event or reservation. Tiergarten Tautendorf eV or the homeowner can claim this.
§ 8. Terms of payment
For reservations, party service deliveries, events, etc. with services of Tautendorf Zoo, the invoice amount can be paid in full in cash or transferred after a reasonable down payment. Tiergarten Tautendorf eV grants when the invoice is transferred 2% discount if the amount is credited to the Tautendorf beer & zoo account within 8 calendar days. If payment is made after 8 days, the amount is due net. Tiergarten Tautendorf grants direct debit authorization eV 3% discount. If the invoice amount has not been transferred or received after 14 days, the creditor has the right to charge reminder fees of €5 per reminder.
If further legal deadlines expire, the legal dunning procedure will be initiated. The resulting costs are to be borne by the debtor. Furthermore, default interest of 13% will be charged.
§ 8.1. cheating
Anyone who goes to a catering establishment as a guest concludes a so-called catering contract with the landlord, at least by implied action. The guest's main obligation is to pay for food and drink. However, if the guest does not provide his service, there is a breach of duty. As a rule, in addition to the still existing claim for performance, this also results in a claim for damages by the host from § 280 paragraph 1 BGB [German Civil Code]. In this respect, the innkeeper is also entitled to a so-called innkeeper's lien according to § 704 BGB on the things brought in by the guest until the guest has left the catering business. Alternatively, the host has the option of suing the guest for payment and thus legally forcing the guest to pay the bill.
If it is an overnight guest in a hotel, the landlord is also entitled to assert a lien on the guest's belongings. However, landlords in pure dining establishments do not have this right.
What rights does the innkeeper have?
If a landlord notices that a guest is leaving the bar without paying, he can call the police or hold the guest – even against their will – until the police arrive. Because then he can assume that the guest has deceived about his willingness to pay and thus acted with fraudulent intent.
This is where everyone's right to arrest comes into play. Section 127, paragraph 1 of the Code of Criminal Procedure (StPO) states: "If someone is caught in the act or pursued, if he is suspected of absconding or his identity cannot be determined immediately, anyone is authorized to arrest him, even without a court order be arrested for the time being.” Of course, you have to pay attention to the proportionality of the means.
§ 9. Jurisdiction
Place of performance and jurisdiction of Tiergarten Tautendorf eV is Tautendorf 12 04703 Leisnig. The competent district court is Döbeln.
§ 10. Waiting times when preparing meals
The preparation of our balanced dishes is subject to special circumstances. Since we always prepare our Scandinavian dishes freshly after your order on an outdoor grill, waiting times of up to one hour are possible. In extreme weather situations, this time can increase even further. Therefore, you always have the option of using our Contact form , telephone (034321-687466) or the social networks to pre-order your desired dish.
Please note that ordered meals must be paid for in full even if they are not canceled until ready.
§ 11. Behavior in our zoo and the entire site
The use of our zoo in Tautendorf is free of charge. However, all visitors must adhere to the latest version of our house rules. This can be done in the guest room with our employees as well on-line be viewed. Basically, parents are responsible for their children! The only exception to this is the time in which the legal guardians gave us their children's care for a fee or for a project. This applies e.g. B. on horseback rides, carriage rides or excursions. Instructions from our team must be followed. Damage that occurs must be compensated by the respective person or their legal guardian. In the entire area, the behavior of visitors must be adjusted so that our animals are not disturbed. Feeding our animals is always prohibited! Smoking is only permitted outdoors in the marked areas.
§ 12. Room rental and accommodation contract for the temporary use of a furnished room/hut
Behavior in the rented rooms/cabins should be appropriate, quiet and orderly at all times. The furniture provided must always be handled with care. Damage caused by the tenant must be compensated by the tenant. All rooms are without TV or other consumer electronics! Smoking is strictly forbidden in the entire building! In the event of non-compliance, the tenancy will be terminated without notice and additional cleaning costs of at least €50 depending on the effort must be borne by the guest!
Due to the structural conditions in the holiday home in the garden, the upper floor is not suitable for elderly or disabled people or small children. We ask you to take this into account and use one of our other accommodation options! If you ignore this notice, we assume no liability for damage to health or property!!!
In our building and the outdoor facilities, ours applies house rules . Guests may only use the rooms and paths assigned to them. Entering other rooms is prohibited.
Rooms must always be booked in writing. An accommodation contract only comes into being after a written confirmation on our part. The same applies to any cancellation. This must be in writing and confirmed by us in writing! Verbal agreements do not apply. Otherwise the full rental price is due.
The rental costs are to be paid in advance in cash or by bank transfer.
To conclude a rental contract, the tenant only collects data that is absolutely necessary for the conclusion of the contract. This data will not be passed on to 3. and will be completely deleted at the end of the tenancy. Tiergarten Tautendorf eV does not store any data. See privacy policy.
§ 13. Voluntary services
Services we offer voluntarily, free of charge, such as available internet, use of the outdoor facilities, petting zoo, etc. are not guaranteed features for a stay with us.
§ 14. Force majeure
Bier & Tiergarten Tautendorf is not liable for events of force majeure that make contractual performance significantly more difficult for Tiergarten Tautendorf or that temporarily impede or make impossible the proper execution of the contract.
Force majeure includes all circumstances independent of the will and influence of the contracting parties, such as natural disasters, government measures, official decisions, blockades, war and other military conflicts, mobilization, civil unrest, terrorist attacks, strikes, lockouts and other industrial unrest,
Seizure, embargo or other circumstances that are unforeseeable, serious and not the fault of the contracting parties and after
conclusion of this contract. If one of the contracting parties is unable to fulfill their contractual obligations due to force majeure
is prevented, this is not considered a breach of contract and the deadlines specified in the contract or based on the contract are extended appropriately according to the duration of the hindrance. The same applies if Bier & Tiergarten Tautendorf is dependent on the advance performance of third parties and this is delayed.
Each contracting party will do everything in its power that is necessary and reasonable to reduce the extent of the consequences caused by the force majeure. The contracting party affected by the force majeure shall immediately notify the other contracting party of the beginning and end of the impediment by telephone, in writing or in another suitable manner.
As soon as it is established that the force majeure lasts longer than 6 months, each contracting party is entitled to terminate the contract by registered letter.
§ 15. Recording of data traffic in our network
In our house and partly in the outdoor area offered WiFi we make available to our guests and visitors free of charge. However, due to multiple illegal uploads and downloads from our network, network protocols will be recorded from April 1st, 2019. No personal data is stored in the process. Only the date, time and device address are saved. Our guests must register in our network and accept the data protection conditions. This log-in is valid for 8 hours and requires a new registration after this time! Our network is able to block many sites with illegal or pornographic content. If a violation is detected, the user will be blocked and the connection data will be recorded. It is no longer possible to register the device in the network again.
In individual cases, this data can be passed on to law enforcement authorities.
§ 16 Film & photo recordings of our buildings, rooms and outdoor facilities
Filming and taking photos of our buildings, rooms and outdoor facilities is generally prohibited without our prior written consent! Violations will be reported to the police and legal action will be taken.
This applies in particular to videos that are uploaded to You Tube or other platforms, for example.
§ 17. Final Provisions
Tiergarten Tautendorf eV reserves the right to change these General Terms and Conditions and the other conditions at any time. The new conditions will be communicated to the customer by publication on the website of Tiergarten Tautendorf ( https://www.gasthof-tautendorf.com/impressum ) and are deemed to have been approved unless the customer raises an objection within one month of being posted on the Tiergarten Tautendorf website.
Changes to the contract must be made in writing, with the exception of changes to the parameters and options used.
Should individual provisions of these general terms and conditions or the contract be ineffective, the validity of the remaining provisions shall remain unaffected. The ineffective regulation is replaced by a regulation that comes closest to the purpose of the original regulation
substitute. The same applies in the case of unwanted gaps in the contract.
§ 18. Jurisdiction
The place of jurisdiction for legal disputes is the District Court of Döbeln.
German law is applicable.