Hotel Sonnentau GmbH & Co KG - Fladungen - Status July 1, 2025

1 Scope of application

1. These 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 (hotel accommodation contract - hereinafter referred to as hotel).
2. The subletting or re-letting of the rooms provided and their use for purposes other than accommodation require the prior consent of the hotel in text form, whereby the right of termination pursuant to § 540 paragraph 1 sentence 2 BGB is waived.
3. The customer's terms and conditions shall only apply if this has been expressly agreed in writing in advance.

2 Conclusion of contract, contract partners, statute of limitations

1. The contract is concluded upon acceptance of the customer's application by the hotel. The hotel is at liberty to confirm the room booking in writing. In the case of bookings made via the hotel's own homepage, the contract is concluded by clicking on the button "BOOK WITH OBLIGATION TO PAY".
2. The contractual partners are the hotel and the customer. If a third party has booked on behalf of the customer, he shall be liable to the hotel together with the customer as joint and several debtor for all obligations arising from the hotel accommodation contract, provided that the hotel has received a corresponding declaration from the third party.
3. All claims against the hotel shall become time-barred one year after the commencement of the regular limitation period under § 199 I BGB (German Civil Code). Claims for damages shall become time-barred after five years irrespective of knowledge. The shortening of the limitation period shall not apply to claims based on an intentional or grossly negligent breach of duty by the hotel.

3 Services, prices, payment, offsetting

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 hotel's applicable or agreed prices for the provision of the room and the other services used by him. This also applies to services and expenses of the hotel to third parties arranged by the customer.
3. The agreed prices include the taxes and local charges applicable at the time the contract is concluded. Not included are local taxes that are owed by the guest according to the respective municipal law, such as visitor's tax. In the event of a change in the statutory value added tax or the introduction, change or abolition of local levies on the subject matter 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 fulfillment of the contract exceeds four months. The prices may also be changed by the hotel if the customer subsequently requests changes to the number of rooms booked, the hotel's services or the duration of the guests' stay and the hotel agrees to this.
4. Hotel invoices without a due date are payable in full within 10 days of receipt of the invoice. The hotel is entitled to declare accrued receivables due at any time and to demand immediate payment. In the event of late payment, the hotel is entitled to charge interest at a rate of 8% or, in the case of legal transactions involving a consumer, 5% above the respective base interest rate of the Deutsche Bundesbank. The hotel reserves the right to provide evidence of higher damages.
5. The hotel is entitled to demand a reasonable advance payment or security deposit, for example in the form of a credit card guarantee, from the customer upon conclusion of the contract and during the stay. The amount of the advance payment and the payment dates may be agreed in text form in the contract. The statutory provisions shall apply if the customer is in default of payment.
6. The hotel is entitled to demand an appropriate advance payment or security deposit upon conclusion of the contract or thereafter, taking into account the legal provisions for package tours. The amount of the advance payment and the payment dates may be agreed in writing in the contract.
7. The customer may only offset or reduce a claim by the hotel against an undisputed or legally binding claim.
8. The customer agrees that the invoice may be sent to him electronically.

4 Withdrawal by the customer (cancellation) / non-utilization of the hotel's services (no show)

1. Withdrawal by the customer from the contract concluded with the hotel requires the hotel's written consent. If this is not given, the agreed price from the contract must be paid even if the customer does not make use of contractual services. This shall not apply in the event of a breach of the hotel's obligation to take into account the rights, legal interests and interests of the customer, if the customer can no longer reasonably be expected to adhere to the contract as a result, or if the customer is entitled to any other statutory or contractual right of withdrawal.
2. If a date 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 date without incurring payment or damage compensation claims by the hotel. The customer's right of rescission shall expire if he does not exercise his right of rescission in writing vis-à-vis the hotel by the agreed date, unless a case of rescission pursuant to Clause 4, Item I, Sentence III, Rescission by the Customer exists.
3. If rooms are not used by the customer, the hotel shall offset the income from renting the rooms to other parties as well as the expenses saved.
4. The hotel is at liberty to charge a lump sum for the damages incurred and to be compensated by the customer. Decisive for the calculation of the resulting costs is the date of receipt by us. Cancellations up to 31 days before the start of the trip are free of charge. Within 30 to 16 days prior to arrival, 30% of the agreed price shall be due, and 50% of the travel price within 15 to 6 days prior to departure. Cancellations less than 5 days before arrival or no-shows will incur 80% of the agreed price. The guest is liable until the accommodation is rented to another party. The guest has the opportunity to prove that less or no damage has been incurred.
5. Groups are subject to separate cancellation and withdrawal conditions.

5 Cancellation by the hotel

1. If a right of withdrawal of the customer within a certain period has been agreed in writing, the hotel is entitled for its part to withdraw from the contract during this period if there are inquiries from other customers for the contractually booked rooms and the customer does not waive his right upon inquiry by the hotel. This applies accordingly if an option is granted, if other inquiries are received and the customer is not prepared to make a firm booking after the hotel has set a reasonable deadline.
2. If an agreed advance payment or an advance payment demanded in accordance with 3 Clause VI above is not made, the hotel is also entitled to withdraw from the contract.
3. 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 fulfill the contract
   - rooms are booked with misleading or false information regarding material facts, e.g. the identity of the customer or the purpose.
   - the hotel has justified cause to believe that the use of the hotel's services may jeopardize the smooth operation, security or public reputation of the hotel, without this being attributable to the hotel's sphere of control or organization,
   - there is a breach of section 1, clause II above.
4. In the event of justified withdrawal by the hotel, the customer shall have no claim to compensation.

6 Room provision, handover and return

1. The customer is not entitled to the provision of specific rooms.
2. Booked rooms are available to the customer from 15:00 on the agreed day of arrival. The customer is not entitled to earlier availability.
3. On the agreed day of departure, the rooms must be vacated and made available to the hotel with key | key card | key chip by 11:00 a.m. at the latest. After this time, the hotel may charge 50% of the full accommodation price (list price) for the additional use of the room until 6 p.m., and 100% from 6 p.m. onwards. The customer is at liberty to prove to the hotel that it has incurred no or significantly less damage.

7 Liability of the hotel

1. The hotel is liable for the diligence of a prudent businessman for its obligations under the contract. Claims of the customer for damages are excluded. Excluded from this are damages resulting from injury to life, limb or health, if the hotel is responsible for the breach of duty, and other damages based on an intentional or grossly negligent breach of duty by the hotel. Should disruptions or defects in the hotel's services occur, the hotel shall endeavor to remedy such upon knowledge thereof or upon immediate complaint by the customer. The customer is obliged to make reasonable efforts to remedy the disruption and minimize any possible damage.
2. The hotel shall be liable to the customer for items brought into the hotel in accordance with the 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.
3. If the customer is provided with a parking space in the hotel garage or in a hotel parking lot, even for a fee, this does not constitute a safekeeping agreement. The hotel shall not be liable for loss of or damage to motor vehicles parked or maneuvered on the hotel property and their contents, except in cases of intent or gross negligence. This also applies to vicarious agents of the hotel. Section 7.I sentences 2 to 4 above shall apply accordingly.
4. Wake-up calls are carried out by the hotel with the utmost care. Messages, mail and consignments of goods for guests are handled with care. The hotel will deliver, store and, if requested, forward them for a fee. Section 7.I sentences 2 to 4 above shall apply accordingly.

8. final provisions

1. Amendments or additions to the contract, the acceptance of the application or these terms and conditions for hotel accommodation should be made in writing. Unilateral amendments or additions by the customer are invalid.
2. The place of performance and payment is the registered office of the hotel.
3. The exclusive place of jurisdiction for commercial transactions is the registered office of the hotel. If a contractual partner fulfills the requirements of § 38 paragraph 1 ZPO and has no general place of jurisdiction in Germany, the place of jurisdiction shall be the registered office of the hotel.
4. German law shall apply. The application of the UN Convention on Contracts for the International Sale of Goods and the conflict of laws is excluded.
5. Should individual provisions of these General Terms and Conditions for Hotel Accommodation be or become invalid or incorrect, this shall not affect the validity of the other provisions. In all other respects, the statutory provisions shall apply.