General Terms and Conditions

Offgrid Mindful Cabin GmbH, Mommsenstr. 35 10629 Berlin

VAT number: DE343584534

Registered office of the company: Berlin

Commercial register: HRB 230429

Managing Director: Björn Welter

Contact: hello@offgrid.rest

General terms and conditions for the hire of mobile cabins

1. Scope of application

These General Terms and Conditions apply to all reservations, contracts and offers for the rental of a mobile cabin for accommodation as well as all other services provided for the guests in relation to Offgrid Mindful Cabin GmbH, insofar as these have effectively formed the basis of the contract. Unless otherwise agreed, the provider's services are provided exclusively on the basis of these General Terms and Conditions. All other documents, in particular brochures, advertisements and catalogues, are for information purposes only.

The following definitions apply in these General Terms and Conditions:

a) Landlord: Offgrid Mindful Cabin GmbH (hereinafter also referred to as "Offgrid/we/us").

b) Lessee: the person who concludes a contract with Offgrid Mindful Cabin GmbH for the rental/use of a mobile cabin and utilisation of a service (hereinafter also referred to as "you").

c) Guests: the Lessee and the persons specified by the Lessee who will use the rented mobile cabin.

d) Third-party providers: Companies and individuals whose services are brokered by Offgrid Mindful Cabin GmbH.

e) Additional cabin services: Additional services that are directly related to the stay in the mobile cabin, e.g. additional food and beverage services, experiences and activities as well as service upgrades, etc.

2. Booking/ booking confirmation/ terms of payment

a) If you have discovered a mobile cabin on our website that has aroused your interest, you can reserve it online, subject to availability, at the indicated price in EUR including VAT. Full payment of the rental price is required as soon as you send the booking declaration. Your booking remains non-binding until payment has been made. We only accept payments by credit card (Mastercard and Visa) on our website. The contract becomes effective upon our acceptance of your order. Electronic communications are deemed to have been delivered if the relevant party can retrieve them under normal circumstances and they are received within our regular business hours.

b) Offgrid points out that according to the statutory provisions (§ 312g para. 2 sentence 1 no. 9 BGB), there is no right of cancellation for contracts for individual services as contracts for services in connection with leisure activities that were concluded via distance selling (letters, catalogues, telephone calls, faxes, e-mails, messages sent via mobile phone service (SMS) as well as broadcasting and telemedia), but only the statutory provisions on the non-utilisation of services (§§ 611 ff. 615 BGB) apply (see also sections 6. and 7. of these contractual terms and conditions). A right of cancellation exists if the contract was not concluded via the Internet (i.e. distance selling), but in person and outside Offgrid's business premises.

c) The agreed prices include the respective statutory value added tax. In the following cases, we are entitled to increase the contractually agreed price appropriately in accordance with § 315 BGB. (1) If there are four months between the conclusion and fulfilment of the contract and the price generally charged by us for such services increases. (2) If additional costs arise due to official orders, such as special protection and hygiene regulations for the safety of guests. (3) If you subsequently wish to make changes to the number of rooms booked, our services or the length of stay of the guests and we accept this.

d) No deposit will be charged for your booking. Should any damage be discovered after your stay in the mobile cabin and/or on the property, we reserve the right to invoice you for the damage incurred. This includes, but is not limited to, additional charges for breakages, damage, excessive cleaning, excessive rubbish, smoking and undisclosed additional guests.

e) Subletting and transfer of the mobile cabin to third parties is not permitted. The contract may not be transferred to third parties without our consent.

f) All other and additional requests should be made well in advance of your arrival. These requests are subject to availability. We will do our best to fulfil the wishes expressed, but cannot guarantee their implementation.

3. Booking of additional services

a) Additional services (such as food and beverage offers) are offered via our website depending on the location and can be booked directly online. Full payment is required at the time of booking.

b) Please note that the booking of optional catering services in the mobile cabin is generally not considered an offer of related travel services by us according to the statutory regulations, as it is considered an essential part of the rental.

c) If we arrange other individual tourist services in addition to the rental of the mobile cabin, we act as an intermediary and have the status of a provider of associated travel services, provided that the legal requirements for an offer of associated travel services in accordance with Section 651w BGB are met.

d) Irrespective of our obligations as a provider of linked travel services (in particular handing over the legally required form and, if necessary, carrying out customer money protection in the event of collection activity by us for the brokered services, insofar as payment to us does not have a debt-discharging effect) and the legal consequences of non-fulfilment of these legal obligations, we are neither the tour operator of a package tour nor the contractual partner of the contract for the brokered individual service concluded in the event of booking if the requirements of the above provisions are met. We are therefore not liable for such orders for information on prices and services, for the provision of the service itself or for deficiencies in connection with the individual service. This does not apply if the individual service is a contractually agreed service of a package holiday or other offer for which we are your direct contractual partner.

e) Any liability on our part arising from the brokerage contract and from statutory provisions, in particular in accordance with mandatory provisions on telemedia and electronic commerce, shall remain unaffected by this.

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4. Withdrawal from the booking, cancellation conditions and rebooking of the mobile cabin including additional cabin services

a) To cancel or change your booking, you must contact us using the details provided in your booking confirmation.

b) When booking our flexible rates, changes to a booking made at least 14 days prior to arrival will not incur a cancellation fee and guests may rebook, receive a voucher for the full booking amount (including any additional services booked) or a refund of the total amount (including any additional services booked). Rebooking or redemption of the voucher is subject to the same rate and availability of cabins.

c) Cancellations made less than 14 days before arrival will not receive a refund. Rebooking or voucher creation is not possible. 

d) In the event of cancellations of bookings at the conditions of our standard rate, no refund of the total amount (including any additional services booked), no rebooking and no issue of a voucher is possible. 

e) As our mobile cabins are a special type of accommodation, we reserve the right to rebook mobile cabin to an equivalent alternative cabin in the event of exceptional circumstances. This means that the new cabin will be located close to the cabin originally booked. This will not result in a higher rental price for you. If the alternative cabin is in a more favourable rental price category, we will of course refund you the difference.

Exceptional circumstances exist if:

(1) Weather conditions or impassable access prevent reaching the mobile cabin

(2) the mobile cabin is not ready for operation due to exceptional weather conditions (e.g. frost)

(3) there is an unexpected technical defect in the mobile cabin (no hot water/no electricity etc.)

We try to fulfil your wishes in the best possible way by rebooking you to an alternative mobile cabin and taking your needs into consideration.

If you cannot reasonably be expected to change your booking for special reasons, we will cancel your stay free of charge and you will receive a voucher to the value of your booking.

f) If your stay has to be cancelled for reasons of force majeure, we will also cancel the booking free of charge and you will receive a voucher to the value of your booking.

g) Vouchers as described in points e) and f) can be used for a new booking after the end of the special circumstances or force majeure. The voucher must be redeemed within three years of the end of these circumstances (the booking date is decisive here). Should you wish to have your credit paid out instead of the voucher, please let us know within one month of receiving the cancellation confirmation. We recommend that you take out travel cancellation insurance and insurance to cover repatriation costs in the event of an accident or illness.

h) We will offset the income from renting the mobile cabins to other parties and the expenses saved. As a guest, you are free to prove that the aforementioned claim did not arise or did not arise in the amount claimed.

5. Travelling to the mobile cabin

a) At least 48 hours before your arrival, we will send you the location information and instructions for using the mobile cabin to the e-mail address provided in the booking form. When you arrive on site, you will also find additional house rules in the mobile cabin. These include detailed instructions on the use of the wood-burning stove, the toilet, the restricted use of water and the use of the gas cooker. The maximum number of people per mobile cabin specified in your booking or by us takes into account the available equipment and must not be exceeded for safety and insurance reasons.

b) The mobile cabin and the property are available to you from 3 pm on the day of arrival. An earlier arrival is only possible by prior arrangement with us and requires express confirmation. We are obliged to hand over the mobile cabin to you at the agreed time in a clean and good condition. Access to the cabin is via a digital access code, as the mobile cabins are equipped with keyless locks. In the event of a no-show, the mobile cabin remains reserved until 11 a.m. at the latest on the agreed day of arrival.

c) As we cannot guarantee direct access to the mobile cabins, you are obliged to park all vehicles in the designated car park as described in the instructions prior to your arrival. Please note that we accept no responsibility for any costs incurred as a result of your vehicle being stuck on our cabin access roads or car parks or as a result of incorrect parking. We recommend travelling with an off-road vehicle as access routes may be appropriate to the particular type of accommodation. During your stay, a maximum of two vehicles are permitted in the designated car park. You are not permitted to drive a vehicle on areas closed to motorised traffic or on private roads.

d) Pets are only allowed with prior authorisation from us.

6. Your stay in the mobile cabin and on the property

a) You undertake to behave responsibly when using the mobile cabin and the surrounding property.

b) As our mobile cabins are located in rural areas surrounded by nature, you acknowledge that you are responsible for your own safety (and that of your pets, if applicable) in and around the mobile cabin and on the property. You acknowledge that you are aware of the potential risks that may occur in the outdoors. During your stay, you are obliged to stay in the area specified in the instructions.

c) Picking protected plant species is prohibited - please note that our cabins are often placed in nature reserves. 

d) We are located in the middle of nature, so please respect the local wildlife and do not approach any animals on the property. It is not permitted to make excessive noise or play loud music at any time of the day or night. Noise can cause serious problems in nature and for wildlife. All outdoor music and socialising must stop by 22:00 and continue indoors.

e) In emergencies, please use the telephone numbers given in the house rules. We will endeavour to answer general questions or comments as quickly as possible by email at hello@offgrid.rest and, if necessary, offer you an appropriate solution.

f) You agree that only the persons specified in the booking form may enter the mobile cabin and the property. We reserve the right to expel you from the mobile cabin and the property if this rule is not adhered to.

g) It is generally not permitted to light campfires at certain locations. If permitted, campfires may only be lit in the fire bowls provided by us. The campfire must remain below knee height and must never be left unattended. All fires must be extinguished by midnight. Please orientate yourself on the forest fire levels in the respective area. Failure to comply with the fire ban will result in immediate ejection from the mobile cabin and the property. You will be liable for any loss or damage to the mobile cabin and/or property resulting from your failure to comply with a fire ban.

h) The instructions for using the wood-burning stove can be found in the mobile cabin. 

i) Collecting or felling fresh or dead wood is not permitted. We will provide you with sufficient wood for your stay. Please only use the wood provided by us during your stay.

j) You undertake to comply with the general cabin rules. Smoking is not permitted in the mobile cabin and is completely prohibited if there is a fire ban sign. 

k) Other house rules include, for example, the instructions for using the composting toilet. Please note that no liquids may be poured into the composting facility. If the instructions for the composting toilet/incinerator toilet are not followed, especially if liquids are poured into the composting facility and this disrupts the composting process, a cleaning fee will be charged if disposal is required.

l) If we provide WIFI access in the mobile cabin, we authorise the tenant to use this during their stay. However, we do not guarantee the actual availability, suitability or reliability of Internet access for any purpose.

Access is secured and the access data (login and password) may not be passed on to third parties under any circumstances. We reserve the right to change the access codes at any time.

Please note that the WIFI only provides access to the Internet and does not offer any virus protection or firewall functions. The data traffic transmitted via the WIFI is unencrypted. The tenant is responsible for all data transmitted via the WIFI, the services used for a fee and for all legal transactions carried out.

If the tenant visits chargeable websites or enters into liabilities, they shall bear the resulting costs. Illegal downloads or the sharing of content are strictly prohibited. The tenant undertakes to comply with the applicable laws when using the WIFI.

m) We are authorised to enter the mobile cabin at reasonable times after prior notice and in consultation with you in order to check whether the general conditions and house rules are being complied with. Particularly in the case of urgent maintenance work or technical inspections, we may, after informing you, carry out the necessary measures in the mobile cabin.

n) Although we are always happy to welcome children, we would like to point out that our mobile cabins are not completely "childproof", depending on the age of the child. Particular attention is required when travelling with babies and small children. There is a risk of burns from contact with hot oven parts. The floor is not suitable for crawling children and special care must be taken in the outdoor area (including the terrace). Our mobile cabins are not designed as safe accommodation for babies and small children. 

o) You acknowledge that you are fully liable for any loss or damage you cause to the mobile cabin or the property to the extent permitted by law.

7. Departure from the mobile cabin

a) You undertake to leave the mobile cabin and the property in the condition in which you found it, apart from natural wear and tear in accordance with the contract. An additional cleaning fee will be charged for rubbish or inappropriate dirt found around the mobile cabin and on the property.

b) You are obliged to vacate the mobile cabin and the property by 11 a.m. at the latest on the date of departure. If the rented rooms are not vacated on time, we are entitled to charge you for an additional day, whereby this does not give rise to any contractual claims. You are at liberty to prove that we have no or a significantly lower claim to a usage fee.

c) You are also obliged to inform us of any damage caused by you to the mobile cabin, the furniture, the equipment and/or the property during your stay. The cost of any such damage or loss must be paid in full to Offgrid. Should you fail to do so, you will be responsible for settling any claims made as a result of your actions (including our own claims and the other party's full legal costs).

If you have liability insurance, you are obliged to report the damage to them and provide us with the name, address and policy number of the insurance company.

Deliberate failure to report damage may have consequences for you under civil and criminal law. Claims will either be settled directly between you and us by mutual agreement or forwarded to professional insurance agencies for further settlement.

8. Liability

a. Liability for our own services

We are liable for damages for which we are responsible arising from injury to life, limb or health. Furthermore, we are liable for other damages that are based on an intentional or grossly negligent breach of duty by us or on an intentional or negligent breach of typical contractual obligations. Typical contractual obligations are those obligations which make the proper fulfilment of the contract possible in the first place and on the fulfilment of which you may rely and trust. Further claims for damages are excluded. Should disruptions or defects occur in our services, we will endeavour to remedy them as soon as we become aware of them or upon your immediate complaint. You are obliged to do what you can reasonably be expected to do to rectify the fault and minimise any possible damage.

We make no warranties or representations in relation to our services, including, but not limited to, warranties that our services will be of a particular quality or standard and free from defects.

We do not warrant that our website or the server that makes the website available on the World Wide Web are free from software viruses or bugs or that our website will operate uninterrupted.

You and your guests guarantee that you will indemnify and hold us and the landowner harmless against all claims by third parties that are brought against us or the landowner but for which you are responsible.

b. Liability on our part for brokered additional services from third-party providers

Unless we have assumed a corresponding further contractual obligation by express agreement with you, we are only liable for the proper fulfilment of the agent's obligations. These brokerage obligations include in particular the legally effective transmission of the offer to conclude the contract with the third-party providers to be brokered and, in the event of acceptance of the contract offer by the third-party providers to be brokered, the transmission of the contract confirmation in the name and for the account of the brokered third-party provider.

We are not liable for defects and damages that you incur in connection with the additional service provided. This does not apply in the case of an express agreement or assurance to this effect by Offgrid, in particular if these deviate significantly from the service description of the third-party provider.

Any liability on our part arising from the culpable breach of intermediary obligations, including the obligations arising from Section 651w BGB, remains unaffected, see also Section 3e).

9. Written form and severability clause

a) No verbal collateral agreements have been made.

b) This agreement is subject to the law of the Federal Republic of Germany. In the case of consumers who do not conclude the contract for professional or commercial purposes, this choice of law shall only apply insofar as the protection granted by mandatory provisions of the law of the country in which the consumer has his habitual residence is not withdrawn. The exclusive place of jurisdiction - also for disputes relating to cheques and bills of exchange - for commercial transactions is Berlin. If a contractual partner fulfils the requirements of Section 38 (2) ZPO and has no general place of jurisdiction in Germany, the place of jurisdiction shall be Berlin.

c) In accordance with the legal obligation, we would like to point out that the European Union has set up an online platform for the out-of-court settlement of consumer disputes ("ODR platform"): http://ec.europa.eu/consumers/odr/. However, we do not participate in dispute resolution proceedings before consumer arbitration boards.

Status: October 2024