General terms and conditions

Accommodation contract

§1 Scope of application

The terms and conditions apply to contracts for the rental of hotel rooms for accommodation, as well as all other services and deliveries provided by the hotel for the customer.
The sub-letting and re-letting of the rooms provided as well as their use for purposes other than accommodation require the prior written consent of the hotel.
The customer's terms and conditions shall only apply if this has been agreed in writing in advance.

§2 Conclusion of contract, contracting parties, contractual liability; limitation period

The contracting parties are the hotel and the customer. The contract is concluded by the hotel's acceptance of the customer's application. The hotel is free to confirm the room booking in text form.
All claims against the hotel are generally subject to a limitation period of one year from the start of the statutory limitation period. This does not apply to claims for damages and other claims if the latter are based on an intentional or grossly negligent breach of duty by the hotel.

§3 Services, Prices, Payments, Offsetting

The hotel is obliged to keep the rooms booked by the customer available and to provide the agreed services.
The customer is obliged to pay the applicable or agreed prices of the hotel for the provision of the room and the other services used by the customer. This also applies to services and expenses of the hotel to third parties arranged by the customer.
The agreed prices include the taxes and local charges applicable at the time of conclusion of the contract. Not included are local taxes which are owed by the guest according to the respective local law, e.g. visitor's tax. In the event of a change in the statutory value-added tax or the introduction, amendment or abolition of local taxes on the object of the service after conclusion of the contract, the prices shall be adjusted accordingly. In the case of contracts with consumers, this shall only apply if the period between conclusion and performance of the contract exceeds four months.
The hotel may make its consent to a subsequent reduction requested by the customer in the number of rooms booked, services provided by the hotel or the customer's length of stay conditional upon a reasonable increase in the price for the rooms and/or for the other services provided by the hotel.
Invoices of the hotel are due for payment immediately upon receipt without deduction. If payment on account has been agreed, payment shall be made without deduction within ten days of receipt of the invoice, unless otherwise agreed.
The hotel is entitled to demand a reasonable advance payment or security deposit from the customer upon conclusion of the contract, e.g. in the form of a credit card guarantee. The amount of the advance payment and the payment dates may be agreed in text form in the contract. The statutory provisions shall remain unaffected in the case of advance payments or security deposits for package tours. In the event of default of payment by the customer, the statutory provisions shall apply.
In justified cases, e.g. payment arrears on the part of the customer or extension of the scope of the contract, the hotel shall be entitled, even after conclusion of the contract and up to the start of the stay, to demand an advance payment or provision of security within the meaning of clause 3.6 above or an increase in the advance payment or provision of security agreed in the contract up to the full agreed remuneration.
The hotel is also entitled to demand from the customer a reasonable advance payment or security deposit within the meaning of clause 3.6 above for existing and future claims arising from the contract at the beginning and during the stay, insofar as such a payment has not already been made in accordance with clause 3.6 and/or clause 3.7 above.
The customer may only set off or offset an undisputed or legally enforceable claim against a claim of the hotel.
The customer agrees that the invoice may be sent to him electronically.

§4 Withdrawal of the Customer (Cancellation, Cancellation)

The customer may only withdraw from the contract concluded with the hotel if a right of withdrawal has been expressly agreed in the contract, a statutory right of withdrawal exists or if the hotel expressly agrees to the cancellation of the contract.
If a date for withdrawal from the contract has been agreed in writing between the customer and the hotel, the customer may withdraw from the contract up to that date without triggering claims for payment or damages on the part of the hotel.
If a right of withdrawal has not been agreed or has already expired, if there is also no statutory right of withdrawal or termination and if the hotel does not agree to a cancellation of the contract, the hotel shall retain the claim to the agreed remuneration despite the non-utilisation of the service. The hotel shall take into account the income from renting the rooms to other parties and the expenses saved. If the rooms are not let to other parties, the hotel may make a flat-rate deduction for expenses saved. In this case, the customer is obliged to pay 90% of the contractually agreed price for overnight accommodation with or without breakfast as well as package arrangements with third-party services. The customer is free to prove that the aforementioned claim has not arisen or has not arisen in the amount claimed.

§5 Withdrawal of the hotel

If the customer's right to withdraw from the contract within a certain period of time has been agreed in writing, the hotel is entitled to withdraw from the contract within this period of time if there are requests from other customers for the contractually booked rooms and the customer waives his right to withdraw from the contract upon inquiry by the hotel.
If an agreed advance payment is not made after the expiry of a reasonable grace period set by the hotel with a rejection order, the hotel shall also be entitled to withdraw from the contract.
Furthermore, the hotel is entitled to withdraw from the contract extraordinarily for objectively justified reasons, for example if

force majeure or other circumstances for which the hotel is not responsible make it impossible to fulfil the contract;
rooms are booked under misleading or false statements of material facts, B. in the person of the customer or purpose;
the hotel has reasonable grounds to assume that the use of the hotel service will jeopardise the smooth running of the business, the security or the reputation of the hotel in public without this being attributable to the hotel's sphere of control or organisation;
the purpose or reason for the stay is unlawful;
there is a breach of the above scope paragraph 2.

The justified withdrawal of the hotel does not justify a claim for damages on the part of the customer.

§6 Room provision, room handover and return

The customer does not acquire any claim to the provision of specific rooms unless this has been expressly confirmed in writing by the hotel.
Booked rooms are available to the customer from 15:00 on the day of arrival. The customer has no right to earlier availability.

On the agreed day of departure, the rooms must be vacated and made available to the hotel by 11:00 a.m. at the latest. Thereafter, the hotel may charge 50% of the full accommodation price (list price) for the additional use of the room until 6:00 p.m., and 100% after 6:00 p.m., in addition to the damage incurred by the hotel as a result. The customer is at liberty to prove to the hotel that the hotel has not incurred any damage or that the damage is significantly lower.

§7 Liability of the hotel

The hotel shall be liable for damages for which it is responsible arising from injury to life, limb or health. Furthermore, it shall be liable for other damages that are based on an intentional or grossly negligent breach of duty by the hotel or on an intentional or negligent breach of typical contractual duties by the hotel. Typical contractual obligations are those obligations that make the proper performance of the contract possible in the first place and on the performance of which the customer relies and may rely. A breach of duty by the hotel is equivalent to a breach of duty by a legal representative or vicarious agent. Further claims for damages are excluded unless otherwise provided for in this clause 7. In the event of disruptions or defects in the hotel's services, the hotel shall endeavour to remedy such upon knowledge thereof or upon immediate complaint by the customer. The customer undertakes to contribute what is reasonable to him in order to remedy the disruption and to minimise any possible damage.
The hotel shall be liable to the customer for items brought into the hotel in accordance with statutory provisions. The hotel recommends the use of the hotel or room safe. If the customer wishes to bring in money, securities and valuables with a value of more than 800 euros or other items with a value of more than 3,500 euros, this requires a separate storage agreement with the hotel.
If a parking space is made available to the customer in the hotel garage or in the hotel car park, even for a fee, this does not constitute a custody agreement. The hotel shall not be liable for loss of or damage to motor vehicles parked or manoeuvred on the hotel's property and their contents, except in the case of intent or gross negligence. This also applies to vicarious agents of the hotel.
Wake-up calls are carried out by the hotel with the utmost care.
Messages for customers are handled with great care. After prior consultation with the customer, the hotel can accept, store and - on request - forward mail and consignments of goods against payment. The hotel shall only be liable in this respect in accordance with the above Clause 7.1, Sentences 1 to 4.

Final provisions

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.
The place of performance and payment is the registered office of the hotel.
The exclusive place of jurisdiction - also for cheque and bill of exchange disputes - is the registered office of the hotel in commercial transactions. If a contracting party fulfils the requirements of Section 38 (1) of the German Code of Civil Procedure (ZPO) and has no general place of jurisdiction in Germany, the place of jurisdiction shall be the registered office of the hotel.

German law shall apply. The place of jurisdiction is the registered office of the hotel company.

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.

General Terms and Conditions Hotel-Pension Sonnenhügel KG 03/20