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Sonnenhotels & Resorts General Business Terms

Dear client,
The following general business terms are an integral part of the hotel accommodation contract (hereinafter referred to as “contract”) between you (hereinafter referred to as “client”) and the respective hotel company (hereinafter referred to as “hotel”) covering the rental of hotel rooms and all services provided to the client in this connection.

The following individual hotel companies (hotels) are included:

  • Sonnenhotel Wolfshof GmbH & Co. KG, Kreuzallee 22-26, 38685 Langelsheim/Wolfshagen im Harz
  • Sonnenhotel Fürstenbauer, Sonnenhotels Bodenmais GmbH & Co. KG, Kötztinger Str. 34, 94249 Bodenmais
  • Sonnenhotel Bayerischer Hof, Sonnenhotels Deutschland GmbH & Co. KG, Torweiherweg 5, 93449 Waldmünchen
  • Sonnenhotel Hoher Hahn, Sonnenhotels Erzgebirge GmbH & Co. KG, Gemeindestrasse 92, 08340 Schwarzenberg
  • Sonnenhotel Feldberg am See, Sonnenhotels Erzgebirge GmbH & Co. KG, Hinnenöver 18, 17258 Feldberg
  • Sonnenhotel Amtsheide, Sonnenhotels Nord GmbH & Co. KG, Zur Amtsheide 5 + 14, 29549 Bad Bevensen
  • Sonnenhotel Hafnersee, Sonnenhotels Management GmbH, Plescherken 5, A-9074 Keutschach am See
  • Sonnenresort Ossiacher See, Sonnenhotels Management GmbH, Alt-Ossiach 37, A-9570 Ossiach
  • Sonnenresort Maltschacher See, Sonnenhotels Management GmbH, Maltschacher See Strasse 5, A-9560 Feldkirchen.
  • Sonnenresort Ettershaus, Sonnenhotels Harz GmbH & Co. KG, Nordhäuser Strasse 1, 38667 Bad Harzburg
  • Sonnenhotel Residenz Hohenzollern, Ambiente Hotelbetriebs GmbH, Dr.-Barner-Strasse 10, 38700 Braunlage

Sonnenhotels Deutschland GmbH & Co. KG service centre, Breite Str. 98, 38640 Goslar acts as service provider for these hotel companies, therefore there is no contract relationship between Sonnenhotels Deutschland GmbH & Co. KG service centre and the client. Client business terms are applicable only upon express written agreement.

Please take the time to familiarise yourself with these before your booking.

1. Execution of the contract; contract partners

1.1. The client offers the hotel the execution of a binding contract with his booking enquiry. This offer can be made in writing, orally, by phone or over the internet.

1.2. Contract partners are the respective hotel and the client taking up the services of the hotel. If the booking is made for the client by a third party, the latter is liable to the hotel together with the client jointly in all contractual obligations.

1.3. The contract materialises upon acceptance by the hotel, and the hotel gives the client a reservation confirmation. Should written confirmation not be possible in individual cases and/or for bookings at short notice, telephone confirmation by the hotel suffices.

2. Methods of payment, prices
The hotel may arrange varying methods of payment with the client in writing.

2.1. The client is obliged to pay the hotel prices agreed or valid for room rental and any further services he enjoys. This also applies to services initiated by the client that the hotel outsources from a third party. The prices agreed include statutory VAT. If the VAT rate increases on the day the service is rendered, the agreed prices are adjusted accordingly. The hotel is entitled to debit the VAT increase retroactively.

2.2. The client pays the price of room rental and further services requested by him and sometimes those arranged by the hotel on the spot upon arrival. The hotel accepts payment in cash or by EC / Maestro card. In addition to this the hotel accepts payment by Eurocard / Mastercard, Visa and American Express credit cards.

2.3. If the hotel agrees with the client payment by debit note, the hotel is entitled to levy an additional processing fee of EUR 15.00 on debit notes returned by reason of missing, incorrect or false data and on debit notes returned for insufficient funds; the same applies to the subsequent alteration of an invoice by reason of incorrect or incomplete client data. The client remains at liberty to prove that the hotel suffered significantly less damages or none at all.

2.4. Upon client contract execution the hotel is entitled to request a reasonable down payment or security in the form of credit card guarantee or similar. The amount of down payment and payment conditions can be agreed in writing in the contract.
In the case of group bookings 50% of the invoice amount is due at least 4 weeks before the date of visit, the balance being payable upon arrival or departure of the group.

2.5. Any subsequent alteration to the number of rooms booked, hotel services or length of stay requires express agreement of the hotel. The hotel is free to make its agreement dependent upon the price for the rooms and/or the other services being increased.

2.6. Prices do not include local public fees owed by the client personally, for instance visitor’s tax, cultural subsidies (“bed tax”) etc. These fees are payable by the client in addition, and he receives separate invoices for them.

3. Services of the hotel
The scope of services provided by the hotel can be found in the descriptions (e.g. brochures, newspaper advertisements, price lists and/or other advertising material) and from related references in the reservation confirmation. The facts described in service descriptions are binding on the hotel. Before contract execution the hotel can declare alterations to the advertised items for justifiable, significant and unpredictable reasons, which are explained to the client upon booking enquiry.
Warranty entitlements are not affected.

4. Withdrawal by the client, rebooking, replacement persons

4.1. The execution of the hotel accommodation contract is binding on hotel and client.

4.2. If a cancellation right has not been agreed between hotel and client or is expired, or indeed if the hotel does not expressly agree to contract waiver in writing or there exists for the client no legal cancellation right, the hotel continues to be entitled to the agreed remuneration, even if the services are not taken up.

4.3. The hotel is obliged to make allowance for income from rental to others and savings in outlay. If rental to others does not occur, the following blanket rates to be paid by the client apply between hotel and client:

4.3.1. For Austrian hotels
Blanket arrangements and standard rate/daily prices from the respective hotel price list:
(Defined as a rate that no longer allows cancellation free of charge)
30-15 days before arrival (30%)
14-8 days before arrival (60%)
From 7 days before arrival and no-show (90%)

4.3.2. For German hotels
Standard rate/ daily prices from the respective hotel price list – allowing cancellation up to 3 days before arrival. Thereafter and no-show (90%).
(Defined as a rate that allows cancellation free of charge)

4.3.3. For German hotels
Blanket arrangements from the respective hotel price list:
(Defined as a rate that no longer allows cancellation free of charge)
30-15 days before arrival (30%)
14-8 days before arrival (60%)
From 7 days before arrival and no-show (90%)

Calculation depends on receipt of client cancellation notice by the hotel or the central reservation office for all Sonnenhotels.

4.4. After executing the contract, the client can, depending on hotel availability, make changes as regards travel dates and the services booked (rebooking). This arrangement between hotel and client is subject to a rebooking fee of 25.00 €.

4.5. The client remains at liberty to prove that the hotel suffered significantly less damages or none at all.

5. Withdrawal and cancellation by the hotel
Before arrival of the client the hotel can withdraw from the contract, and after his arrival it can cancel the contract in the following cases:

5.1. If the hotel has good reason to assume that the use of its services might jeopardise smooth business operation, security or reputation of the hotel in the public eye, without the hotel being able to influence it, or if the client persists in disturbing the peace, smooth business operation or other hotel guests despite warning from the hotel or behaves contrary to agreement to such a degree that immediate cancellation of the contract is justified.

5.2. For openly justifiable reasons, for instance

  • Force majeure or other circumstances not the fault of the hotel, which render it impossible to fulfil the contract
  • Rooms are booked under deceptive or false information on major points, e.g. concerning the person of the client or the purpose

5.3. If down payment (c.f. 2.4.) is not made even after a deadline set by the hotel.

5.4. In the case of withdrawal/ cancellation by the hotel for the above reasons attributable solely to the client the hotel can demand compensation from the client in line with 4.

5.5. The client remains at liberty to prove that the hotel suffered significantly less damages or none at all.

6. Room handover/return; letting to a third party

6.1. Rooms booked are available to the client from 15:00 on the agreed day of arrival. Without express written agreement the client is not entitled to earlier occupation.

6.2. If no later arrival is agreed with the hotel in advance, after 18:00 the hotel is entitled to make alternative use of the rooms booked, where the client has not made a down payment or lodged security in line with 2.4. In this case the client has no claim against the hotel. Claims of the hotel stemming from 4 are not affected hereby.

6.3. On the agreed day of departure the rooms should be returned to the hotel in an orderly state latest 10:00. Thereafter on grounds of late departure the hotel can charge 50% of the valid daily rate for use up to 18:00 and 100% as from 18:00. This does not give rise to contractual claims for the client.
The client remains at liberty to prove that the hotel suffered significantly less damages or none at all.

6.4. Sub-letting the rooms concerned and use for purposes other than accommodation require the advance written agreement of the hotel. If the hotel does not agree to such arrangements, this does not justify any cancellation right for the client.

7. Hotel liability

7.1. The hotel is liable to apply the care of a proper businessman to its obligations under the contract. Claims for compensation for any legal reason are not possible, unless referring to premeditated or gross negligence of the hotel, its legal representatives or agents in contravening contract-typical obligations. Liability for minor negligence is not possible. Liability for damage causing risk to life, body or health remains unaffected.

7.2. Liability of the hotel for consequential or incidental damages is not possible.

7.3. The hotel is liable to the client in line with legal provisions for items brought in.

7.4. If the client is allocated a parking space in the hotel car park, even if it is paid, no safekeeping contract is created. Losses and damage to vehicles parked on the hotel grounds and their contents are not subject to hotel liability, except in cases of premeditation or gross negligence.

7.5. Any items left behind by the client are only sent on upon request, risk and reimbursement from the client. The hotel keeps such items for three months. After that, if identifiable value exists, they are given to the local lost property office. If no identifiable value exists, the hotel reserves the right to destroy such items after the grace period.

7.6. The hotel assumes no liability for damages caused to the guest by reason of false or missed morning calls or undelivered messages.

7.7. The client is responsible for announcing any damages to the hotel immediately.

8. Guest responsibility
The guest is liable under legal provisions for damage to buildings and/or fittings caused by himself or his family members.

9. Data protection
Any personal data provided by the client to the hotel are processed electronically and used for contract performance as necessary. By his booking the client declares his agreement to electronic use of his personal data. These include: sending newsletters, mailings, emails and mailshots for the hotel’s own advertising and information purposes.
The client can withdraw this agreement at any time, provided this neither jeopardises nor prevents fulfilment of the contract.

10. General provisions

10.1. Changes or supplements to the contract, order acceptance or these General Business Terms for Accommodation must be made in writing. Unilateral changes or supplements by the client are unenforceable.

10.2. Place of execution is the locality of the hotel

10.3. The contract relationship between guest and hotel is governed by German law, provided Austrian law states nothing contrary. UN sales law and the conflict of laws are not applicable.

10.4. The client can only sue the hotel in the place where it is located.
Hotel proceedings against the client are governed by the domicile of the client. For cases against clients who are business people, legal entities under public or private law or persons resident abroad or with unknown residence at the time of legal proceedings it is agreed that jurisdiction should be held by the locality where the hotel is located.

10.5. Alternative dispute settlement
The hotel does not pursue dispute settlement before a consumer arbitration board.

10.6. If any individual provisions of these General Business Terms for hotel accommodation contracts are or prove to be unenforceable, the enforceability of the remaining provisions is not thereby affected.

10.7. The hotel is the operating company printed on the reservation confirmation.

As at: October 2017