General Terms and Conditions

General Terms and Conditions of the Hotel Der Sonnenhof

I. Scope of Application

  1. These terms and conditions apply in the case of all hotel acceptance contracts in addition to all further services and supplies by and from the hotel for the guest.
  2. Deviating conditions, including such as are contained in the General Terms and Conditions of the guest or the ordering party are, unless expressly confirmed in writing by the hotel, inapplicable.

II. Conclusion of the Contract, Contractual Partner

  1. In reply to a booking inquiry on the part of the guest with a corresponding confirmation of the booking by the hotel a hotel acceptance contract (hereinafter known as “the contract”) is concluded.
  2. Contractual partners are the hotel and the guest. In the event that the booking is made by a third party on behalf of the guest then he as ordering party together with the guest is as joint and several debtor liable towards the hotel for all obligations arising from the contract in as far as the hotel possesses a corresponding statement to this effect from the ordering party. Independent of such, each ordering party is obligated to pass all information of relevance in regard to the booking to the guest and in particular, including these General Terms and Conditions.
  3. Subletting and further renting of the room provided and the use of this for purposes other than those serving the purpose of accommodation require the prior written approval of the hotel.

III. Services, Prices, Payment, Offsetting

  1. The hotel agrees in accordance with these General Terms and Conditions to hold the room booked by the guest available and to perform the services as agreed.
  2. The guest agrees to pay the valid or, respectively, the prices agreed upon with the hotel for the room placed at his disposal and for any other services utilised by the guest. This applies also to services provided by and expenses on the part of the hotel for services provided to third parties on order of the guest or the ordering party. The agreed prices are understood as including legal value added tax and, in particular, also valid, local taxes and dues including local visitors’ tax at the appropriate rate. In the event that the period between conclusion of the contract and the arrival of the guest exceeds four months and the prices agreed upon with the hotel have increased as a result of the legal value added tax and local taxes and dues following conclusion of the contract, the hotel reserves the right to increase the price agreed upon by the amount by which the value added tax and local taxes and dues have increased.
  3. The hotel can make its approval of a reduction in the number of rooms booked, the services of the hotel or the duration of the guest’s stay dependent upon an increase in the price for the room and/or services of the hotel.
  4. Invoices of the hotel are due for payment immediately on receipt and without deduction. The hotel can demand the immediate payment by the guest for claims due. The guest is regarded as being in default of payment at the latest when he has not made payment of the invoice within 30 days of the due date and receipt of an invoice.; this applies in the case of a guest who is a consumer only in the event that he is made aware of the consequences by special attention to this being drawn in the invoice. In the case of delay in payment, the hotel is entitled, in the case of consumers, to charge interest for default of an amount of 5 percentage points above the prime lending rate. In business transactions, the rate of interest for default amounts to 8 percentage points above the prime lending rate. The hotel reserves the right to assert further claims for damages. For each dunning letter following occurrence of default the hotel can charge a dunning charge of EUR 5.00.
  5. On conclusion of the contract, the hotel is entitled to demand an appropriate advance payment or security in the form of a credit card guarantee, a deposit or similar from the guest. The amount of the advance payment and due date for payment can be specified in writing in the contract.
  6. In justified cases, for example, arrears in payment by the guest or extension of the volume of the contract, the hotel is entitled, even after conclusion of the contract until the beginning of the guest’s stay, to demand an advance payment or security in the sense of the foregoing Par. 5 or an increase in the advance payment or security as specified in the contract until full completion of the agreed payment has been effected.
  7. The hotel is also entitled at the beginning of and during the guest’s stay to demand from the guest an appropriate advance payment or security in the sense of the foregoing Par. 5 for existing and future claims from the contract in as far as such has not already been effected in accordance the foregoing Par. 5 and/or Par. 6.
  8. The guest may only set off an undisputed or legally final and conclusive claim against a claim by the hotel.

IV. Withdrawal by the Guest, Cancellation

  1. The hotel grants the guest the right of withdrawal at all times. Hereby, the following conditions apply:
    1. In the case of the guest’s withdrawal from the booking the hotel will be entitled to an appropriate compensation.
    2. Instead of claiming specifically calculated compensation, the hotel has the choice claiming compensation in the form of a lump-sum compensation payment. The lump-sum compensation payment amounts to 90% of the contractually agreed price for an overnight stay with or without breakfast, 70% of the contractually agreed price for an overnight stay with half board and 60% of the contractually agreed price for an overnight stay with full board arrangements. The guest is free to furnish proof that the hotel has suffered no damage or that the damage incurred is lower than the lump-sum compensation payment demanded.
    3. In as far as the hotel specifically calculates the compensation, the amount of compensation amounts as a maximum to the amount of the contractually agreed price for the services to be provided by the hotel while deducting the value of the expenses saved by the hotel and that of what the hotel earns by alternative use of hotel services.
  2. The aforementioned rulings in regard to compensation apply accordingly in the event that the guest does not make use of the hotel room booked or the services booked without informing the hotel of such in due time.
  3. In the event that the hotel has granted the guest an option in the contract that, within a specific period of grace, the guest may withdraw from the contract without further legal consequence, the hotel has no claim to compensation.. In such case the guest must effect withdrawal in writing.

V. Withdrawal on the Part of the Hotel

  1. In as far as the guest has been granted a right of withdrawal free of charge in accordance with Par. IV Sub Par. 3, the hotel is also entitled to withdraw from the contract within the agreed period of grace when inquiries have been received from other guests in regard to the rooms booked and the guest, on being requested by the hotel, does not waive his right of free withdrawal in accordance with Par IV, Sub Par. 3.
  2. In the event that an advance payment or security demanded in accordance with Par. III, Sub Pars. 5 and/or 6 above has not been effected even after elapse of a period of grace specified by the hotel then the hotel is also entitled to withdraw from the contract.
  3. In addition, the hotel is entitled to withdraw from the contract for important reasons, in particular if           
    1. force majeure or other circumstances for which the hotel is not accountable makes fulfilment of the contract impossible;
    2. rooms are booked under misleading or false information in regard to facts of major importance such as, for example, in regard to the person of the guest or the purpose;
    3. the hotel has a justified reason to assume that the usage of the hotel services can endanger the smooth operation of the hotel’s business, the safety or the reputation of the hotel in the eyes of the public when this cannot be accredited to the domain or the organisation of the hotel;
    4. unauthorized subletting or reletting the room occurs in accordance with Par. II Sub Par. 3;
    5. a case as specified Par. VI Sub Par. 3 occurs;
    6. the hotel gains knowledge of circumstances which, following conclusion of the contract, worsen the pecuniary circumstance of the guest to a major extent and, in particular, in the event that the guest does not settle the demands of the hotel or does not provide sufficient security and the payment claims of the hotel correspondingly seem to be endangered;
    7. the guest has submitted an application for opening insolvency proceedings in regard to  his assets, has sworn an affidavit in accordance with § 807 Code of Civil Procedure, instigated out of court proceedings to serve regulation of debts or has discontinued his payments;
    8. insolvency proceedings have been opened in regard to the assets of the guest or these have been rejected due to insufficiency of assets.
  4. The hotel agrees to inform the guest immediately in writing of the execution of its right of withdrawal.
  5. In the aforementioned cases of withdrawal, the guest has no claim to compensation.

VI. Arrival and Departure

  1. The guest acquires no right to the provision of a specific room unless the hotel has confirmed the provision of a specific room in writing.
  2. The room booked is available for use by the guest from 03.00 p.m. on the day of arrival. The guest acquires no right of earlier provision.
  3. The room booked is to be occupied by the guest at the latest by 06.00 p.m. on the day of arrival. Unless a later time of arrival has been specifically agreed upon, the hotel reserves the right to make alternative use of the room after 06.00 p.m. In such case, the guest has no claim to compensation. In as far as this is concerned the hotel is entitled to a right of withdrawal.
  4. On the agreed date of departure the guest will vacate the room and place this at the disposal of the hotel at the latest by 12.00 noon. Following this, the hotel can charge for damages incurred resulting from the additional usage of the room until 06.00 p.m. in an amount of the daily rate, and from 06.00 p.m. onwards at the rate of 100% of the full valid room price.  The guest is free to furnish proof that the hotel has suffered no damage or that the damage incurred is considerably lower.

VII. Liability of the Hotel, Period of Limitation

  1. In the event of disturbances or defects occurring in the services of the hotel, the hotel will immediately on complaint by the guest attempt to remedy such. In the event that the guest culpably refrains from notifying the hotel of a defect then no claim to diminution of the contractually agreed price will be entertained.
  2. The hotel is liable in accordance with the legal regulations for all damages incurring from injury to life, body and health as well as in the case of an acceptance of a guarantee on the part of the hotel and in the case of fraudulently concealed defects.
  3. In all other cases which are not covered by Par. VII Sub Par. 2 and which are caused by minor negligent conduct on the part of the hotel, its legal representative or its vicarious agents the hotel is only then liable when the damages are attributed to a breach of a major contractual obligation or a cardinal duty in a manner endangering the purpose of the contract. In these cases the liability is limited to the foreseeable damages typical of the contract.
  4. The foregoing limitations of liability apply in the case of all claims for compensation independent of the legal reason involved, including claims in tort. The aforementioned limitations of liability and non-liability apply also in cases of possible claims for compensation by a guest against an employee or vicarious agent of the hotel. They do not apply in cases involving liability for a defect following acceptance of a guarantee for the quality of an article or work, in the case of fraudulently concealed errors or personal injury.
  5. For articles brought by the guest, the hotel is liable in accordance with the legal regulations, i.e., up to one hundred times the accommodation price, at the most, however, up to €3,500.00. For articles of value (cash, jewellery, etc.) the liability is limited to € 800.00. The hotel recommends that use be made of the possibility of these being kept in the room or hotel’s central safe.
  6. In the case that the guest is allocated a parking space in the hotel garage or on a hotel parking lot, also when subject to a charge, this does not result in a custody agreement. There exists no obligation for supervision on the part of the hotel. In the event of the loss of or damage to a vehicle left or parked on the hotel property there is no liability on the part of the hotel unless the hotel, its legal representative or its vicarious agents are guilty of willful or gross negligence. In the event of such a case, the damages must be claimed from the hotel at the latest on leaving the hotel premises.
  7. Wake-up calls are carried out by the hotel with the greatest care. Claims for damages, except in the case of wilful or gross negligence, are excluded.
  8. Messages, mail and consignments of goods for the guests are treated with care. The hotel undertakes delivery, custody and – on request – at a fee, forwarding all of such, as well as for inquiries in respect to lost property, unless as s result of wilful or gross negligence, claims for compensation are excluded. At the latest following a period of retention of one month the hotel and on charging an appropriate fee, the hotel is entitled to hand the aforementioned articles over to the lost property office.
  9. Claims for compensation by the guest are time-barred at the latest two years after the point in time at which the guest becomes aware of the damage or, respectively, without consideration of such knowledge at the latest three years from the point in time of the damaging event. This does not apply in the case of damages resulting from injury to life, body or health or to other damages which refer to a wilful or grossly negligent breach of obligation on the part of the hotel, its legal representative or vicarious agent.

VIII. Final Provisions

  1. Alterations or amendments to the contract, the acceptance of an application or to these General Terms and Conditions must be made in writing for acceptance on the part of the hotel. Unilateral alterations or amendments by the guest are invalid. To comply with the necessity of the written form as stipulated in these General Terms and Conditions it is sufficient to submit the declaration in question by telefax or e-mail.
  2. Place of performance and payment is the place of business of the hotel.
  3. Legal venue – when the contractual partner of the hotel is a merchant or corporate body under public law – is the place of business of the hotel or, at the choice of the hotel, Frankurt am Main.  In the event that the contractual partner of the hotel has no general legal venue, then legal venue is the place of business of the hotel. The hotel is, however, entitled to institute legal proceedings and other court procedures at the general legal venue of the guest.
  4. The law of the Federal Republic of Germany is applicable under exclusion of the UN convention on contracts for the international sale of goods.
  5. In the case that individual conditions of these General Terms and Conditions for hotel acceptance be or become invalid or void the effectiveness of the remaining conditions will remain unaffected. In all other cases, legal regulations will apply.

Status: June 2011