Terms and Conditions of Hotel Sonnengut GmbH & Co. KG

Scope of application

1. These terms and conditions apply to contracts for the rental provision of hotel rooms for accommodation purposes as well as to all other services and deliveries provided by the hotel to the customer in this context (hotel accommodation contract). The term "hotel accommodation contract" includes and replaces the following terms: accommodation contract, guest accommodation contract, hotel contract, hotel room contract.

2. The subletting or re-letting of the rooms provided, as well as their use for purposes other than accommodation, requires the hotel’s prior consent in text form, whereby Section 540 (1) sentence 2 BGB is excluded insofar as the customer is not a consumer.

3. The customer’s general terms and conditions shall apply only if this has been expressly agreed in advance.

Conclusion of contract, contracting parties; limitation period

1. The contract comes into effect upon the hotel’s acceptance of the customer’s application. The hotel is free to confirm the room booking in writing.

2. The contracting parties are the hotel and the customer. If a third party has made a booking for the customer, that third party shall be jointly and severally liable to the hotel together with the customer for all obligations arising from the hotel accommodation contract, provided that the hotel has a corresponding declaration from the third party.

3. Insofar as the hotel provides work services within the framework of the contractual relationship or concludes contracts with the customer for the delivery of newly manufactured goods, any claims for defects shall become time-barred one year after the statutory commencement of the limitation period; for all other claims of the customer, the limitation period shall be 6 months. The above shall not apply in the event of the hotel’s liability for damage resulting from injury to life, body, or health, or liability for other damage based on an intentional or grossly negligent breach of duty by the hotel, its legal representative, or vicarious agents; in such cases, the statutory limitation periods shall apply.

Services, prices, payment, set-off

1. The hotel is obliged to keep the rooms booked by the customer available and to provide the agreed services.

2. The customer is obliged to pay the applicable or

3. agreed hotel prices for the room rental and for any additional services used by the customer. This also applies to services and expenses incurred by the hotel on behalf of third parties at the customer’s request.

4. The agreed prices include the respective statutory value-added tax.

5. If the period between conclusion of the contract and performance of the contract exceeds 4 months and if the price generally charged by the hotel for such services increases, the hotel may raise the contractually agreed price appropriately, but by no more than 10%.

6. The hotel may also change the prices if the customer subsequently requests changes to the number of rooms booked, the hotel’s services, or the guests’ length of stay and the hotel agrees to this.

7. Hotel invoices without a due date are payable within 10 days of receipt without deduction. The hotel is entitled to declare accrued claims due at any time and to demand immediate payment. In the event of default in payment, the hotel is entitled to charge default interest pursuant to Section 288 BGB; the assertion of further damages remains reserved.

8. The hotel is entitled, upon conclusion of the contract or thereafter, taking into account the legal provisions for package travel, to demand a reasonable advance payment or security. The amount of the advance payment and the payment dates may be agreed in writing in the contract.

9. The customer may only set off, reduce, or assert a right of retention against a claim of the hotel with or on the basis of an undisputed or legally binding claim.

Withdrawal by the customer (cancellation, revocation of booking)

Any withdrawal by the customer from the contract concluded with the hotel requires the hotel’s written consent. If such consent is not given, the agreed price under the contract must still be paid even if the customer does not make use of contractual services.

1. This shall not apply in cases of default in performance by the hotel or impossibility of performance for which the hotel is responsible.

2. If a deadline for withdrawal from the contract has been agreed in writing between the hotel and the customer, the customer may withdraw from the contract up to that deadline without triggering any payment or damages claims by the hotel. The customer’s right of withdrawal shall expire if the customer does not exercise this right in writing vis-à-vis the hotel by the agreed deadline, unless there is a case of default in performance by the hotel or impossibility of performance for which the hotel is responsible.

3. For rooms not used by the customer, the hotel must offset the income from renting the rooms to other parties as well as the expenses saved.

4. Cancellation is free of charge up to 7 days before arrival. For cancellation up to 1 day before arrival, we charge 80% of the travel price. For cancellation on the day of arrival, early departure, or no-show, 100% of the travel price will be charged. Services not used will not be refunded. We recommend taking out travel cancellation insurance.

5. The customer is free to prove that no damage was incurred or that the damage incurred by the hotel was lower than the lump sum demanded.

Withdrawal by the hotel

1. Insofar as a right of withdrawal for the customer has been agreed in writing within a certain period, the hotel is likewise entitled during this period to withdraw from the contract if inquiries from other customers exist regarding the contractually booked rooms and the customer does not waive the right of withdrawal upon inquiry by the hotel.

2. If an agreed advance payment is not made even after the expiry of a reasonable grace period set by the hotel with threat of refusal, the hotel is likewise entitled to withdraw from the contract.

3. Furthermore, the hotel is entitled to withdraw extraordinarily from the contract for objectively justified reasons, for example if

4. force majeure or other circumstances for which the hotel is not responsible make fulfillment of the contract impossible;

5. rooms are booked under misleading or false statements of material facts, e.g. regarding the person of the customer or the purpose;

6. the hotel has justified reason to assume that use of the hotel service may jeopardize the smooth operation of the business, the safety, or the public reputation of the hotel, without this being attributable to the hotel’s sphere of control or organization.

7. there is a breach of paragraph 2 of the above section "Scope of application".

8. The hotel must inform the organizer immediately of the exercise of the right of withdrawal and reimburse the contracting party’s consideration immediately.

9. The organizer shall have no claim for damages against the hotel, except in cases of intentional or grossly negligent conduct by the hotel, its legal representative, or vicarious agents.Room provision, handover and return

10. The customer shall not acquire any right to the provision of specific rooms.

11. Booked rooms are available to the customer from 3:00 pm on the agreed day of arrival. The customer is not entitled to earlier provision.

12. On the agreed day of departure, the rooms must be vacated and made available to the hotel no later than 11:00 am. Thereafter, in addition to the damage incurred as a result, the hotel may charge 50% of the full lodging price (list price) for the additional use of the room until 6:00 pm, and 100% from 6:00 pm onward. The customer is free to prove that the hotel incurred no damage or significantly less damage.

Hotel liability

1. Unless it concerns essential contractual obligations (cardinal obligations) within the area typical of the service, the hotel’s liability is limited to damage attributable to intent or gross negligence on the part of the hotel, its legal representative, or vicarious agents; this shall not apply in the event of liability for damage resulting from injury to life, body, or health. Should disruptions or defects occur in the hotel’s services, the hotel will endeavor to remedy the situation upon gaining knowledge thereof or upon the customer’s immediate complaint. The customer is obliged to do what can reasonably be expected to help remedy the disruption or minimize possible damage.

2. The hotel is liable to the customer for items brought in according to the statutory provisions. The hotel recommends using the hotel or room safe. If the guest wishes to bring in money, securities, and valuables worth more than €800.00 or other items worth more than €3,500, this requires a separate safekeeping agreement with the hotel.

3. Claims for liability shall expire unless the customer notifies the hotel immediately upon gaining knowledge of loss, destruction, or damage (§ 703 BGB)

4. The statutory provisions shall apply to the hotel’s unlimited liability.

5. Insofar as the customer is provided with a parking space in the hotel garage or on a hotel parking lot, even for a fee, this shall not constitute a safekeeping contract. In the event of loss of or damage to motor vehicles parked or maneuvered on the hotel property and their contents, the hotel shall not be liable except in cases of intent or gross negligence. This also applies to the hotel’s vicarious agents.

6. In addition, guests are given the opportunity to use the charging stations. For charging hybrid and electric vehicles with electricity at charging points, as well as for billing the services provided by the
   electricity provider, only their General Terms and Conditions and tariffs shall apply.

7. Wake-up calls are carried out by the hotel with the utmost care. Claims for damages, except in cases of gross negligence or intent, are excluded.

8. Messages, mail, and consignments of goods for guests are handled with care. The hotel assumes delivery, storage, and—upon request—for a fee, forwarding of the same. Claims for damages, except in cases of gross negligence or intent, are excluded

Final provisions

1. Changes or additions to the contract, the acceptance of the application, or these terms and conditions for hotel accommodation should be made in writing. Unilateral changes or additions by the customer are invalid.

2. Place of performance and payment is the hotel’s registered office

3. The exclusive place of jurisdiction—even for disputes concerning checks and bills of exchange—is, in commercial transactions, the hotel’s registered office. If a contracting party fulfills the requirements of Section 38 (1) ZPO and has no general place of jurisdiction within Germany, the hotel’s registered office shall be the place of jurisdiction.

4. German law shall apply.

5. Should individual provisions of these General Terms and Conditions for hotel accommodation be or become invalid or void, this shall not affect the validity of the remaining provisions. In all other respects, the statutory provisions shall apply.

6. The hotel is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.