General Terms and Conditions

General Terms and Conditions for Accommodation Contracts at Gästehaus Sonnenbichl.

Upon booking, these terms and conditions—in the version valid at the time the contract is concluded—become an integral part of the agreement entered into with Gästehaus Sonnenbichl (hereinafter referred to as the "accommodation provider"), unless otherwise specified in individual agreements made for a particular booking.

We therefore kindly ask you to read the following terms and conditions carefully.

1. Subject Matter of the Contract and Contracting Parties

1.1 These General Terms and Conditions apply to contracts concluded with the accommodation provider for the rental of rooms for guest accommodation, as well as any additional services provided by the accommodation provider.

1.2 Terms and conditions of the guest shall only apply if explicitly agreed upon in advance.

1.3 By making a booking—which may be done verbally, in writing, by telephone, via fax, over the internet, or by email—the guest submits a binding offer to the accommodation provider to enter into a contract.

1.4 The contract with the accommodation provider is formed when the accommodation provider accepts the guest's offer. The accommodation provider may, at its discretion, confirm the room booking in writing. The accommodation provider may be represented by an intermediary (e.g., the local tourist information office) for the purpose of concluding the contract.

1.5 If the content of the booking confirmation differs from the content of the offer, the booking confirmation shall be considered a new offer to the guest, which the guest may accept within a period of 10 days by notifying the accommodation provider or their representative. During this period, the accommodation provider or their representative shall be bound by the terms of this new offer. Acceptance may be declared explicitly or through conclusive action (e.g., payment of the booking total) directed toward the accommodation provider or their representative.

1.6 The contracting parties are the customer and the accommodation provider. If a third party has made the booking on behalf of the customer, that third party shall be jointly and severally liable with the customer to the accommodation provider for all obligations arising from the accommodation contract, provided that the accommodation provider has received a corresponding declaration from said third party.

2. Services, Arrival, Prices, and Obligations

2.1 Obligations of the accommodation provider

The accommodation provider is obligated to make the booked accommodation available from the agreed-upon time and for the agreed-upon duration, and to provide any other services that have been agreed upon. Unless the accommodation provider has confirmed in writing that specific rooms will be provided, the guest has no claim to the provision of any particular room.

The booked accommodation will generally be held available by the service provider until 6:00 p.m. on the day of arrival. The guest is required to inform the service provider in good time if their arrival is expected to be delayed.

If the guest has already made a deposit or full payment, or if a credit card number was provided at the time of booking, the accommodation will be held for the guest beyond this time.

2.2 Guest’s Payment and Performance Obligations

The guest is obligated to accept the booked accommodation and to pay the applicable or agreed-upon accommodation price. This also applies to services and expenses incurred by the lodging establishment on behalf of the guest or the person making the booking in relation to third parties.

On the agreed-upon day of departure, the rooms must be vacated and made available no later than 12:00 PM. Beyond any damages incurred by the lodging establishment as a result, the establishment may also charge the daily room rate for any additional use of the room. The guest reserves the right to prove to the lodging establishment that no damages—or significantly lower damages—were incurred.

2.3 Prices and Price Adjustments

The relevant price list, including the applicable rates and service descriptions—or the specific contractual agreement—shall be authoritative. Otherwise, all services and rates are subject to change.

The agreed-upon prices include the statutory value-added tax (VAT) as required by law.

The lodging establishment is entitled to increase the contractually agreed-upon price by a reasonable amount—up to a maximum of 10 percent—if the standard price charged by the establishment for such services increases, provided that more than 4 months have elapsed between the conclusion of the contract and the fulfillment of the contract.

Furthermore, the hotel may adjust prices if the guest subsequently requests changes to the number of booked rooms or guests, the services provided by the lodging establishment, or the duration of the guests' stay, and the lodging establishment agrees to such changes.

2.4 Further Contractual Obligations and Duties of the Guest

The guest may use the booked accommodation only for its intended purpose and must treat the premises and furnishings with care, in accordance with any applicable usage guidelines or house rules.

Unless otherwise agreed, the accommodation may be used only by the guest and the other persons specified in the booking confirmation. Allowing third parties to use the accommodation—in particular, subletting—requires the prior written consent of the accommodation provider.

The guest is obligated to notify the accommodation provider immediately of any defects, disturbances, or impairments to the use of the accommodation and to request a remedy. The guest’s claims shall not be forfeited if the failure to provide such notification is through no fault of the guest.

If the stay is significantly impaired due to a defect or disturbance, the guest must grant the accommodation provider a reasonable period to provide a remedy. If this period expires without a remedy being provided, the guest is entitled to terminate the contract extraordinarily with immediate effect. A period for providing a remedy is not required if the accommodation provider seriously and definitively refuses to provide a remedy, if a remedy is impossible, if continuing the stay is unreasonable for the guest, or if the guest has a specific interest in extraordinary termination that is recognizable to the accommodation provider.

Bringing pets requires prior agreement with the accommodation provider. The type and size of the pet—or, in the case of multiple animals, the number of pets—must be specified. The guest is liable for any animals they bring along, in accordance with the regulations governing the liability of pet owners.

3. Payment, Set-off, and Security

3.1 Due Date for Accommodation Charges and Down Payment

Unless otherwise agreed, charges for accommodation—including ancillary costs, consumption charges, and additional expenses (e.g., minibar, telephone, video services)—must be paid directly to the accommodation provider on the day of departure.

Even in the absence of a specific agreement, the accommodation provider is entitled to request a down payment from the guest, amounting to 10 to 30 percent of the total booking value. Furthermore, the provider is entitled to issue interim invoices for charges incurred during the guest's stay, declaring such amounts due immediately and requiring prompt payment.

Invoices issued by the accommodation provider are payable immediately upon receipt, without any deductions. The guest shall be considered in default no later than 30 days after the invoice becomes due and is received, provided that payment has not been made. In the case of a guest who is a consumer, this provision applies only if the invoice explicitly draws attention to these consequences.

In the event of a payment default, the accommodation provider is entitled to charge default interest at a rate of 5% above the base interest rate when dealing with consumers, or 8% above the base interest rate in business-to-business transactions.

The accommodation provider reserves the right to claim damages in excess of these interest amounts.

For each payment reminder issued after a default in payment has occurred, the accommodation provider may charge a late-payment fee of 5.00 euros.

3.2 Credit cards, checks, and other means of payment

The accommodation provider reserves the right to decide, on a case-by-case basis, whether or not to accept a specific credit card when presented. This applies even if the general acceptance of credit cards has been indicated through signage or information provided by staff.

The acceptance of credit cards, checks, or other means of payment is strictly for the purpose of fulfilling the payment obligation (i.e., it does not constitute immediate final settlement until the funds are actually received).

3.3 Set-off

The guest may only offset or reduce a claim held by the accommodation provider if the guest’s own claim is undisputed or has been established by a final, legally binding court judgment.

3.4 Security (Lien)

If a guest fails to pay the agreed booking total, or fails to pay it on time, the accommodation provider shall have a lien on any items brought onto the premises by the guest to secure claims arising from the services provided, including any expenses incurred. Consequently, the accommodation provider has the right to retain such items until payment is made and, if necessary, to liquidate them in accordance with statutory regulations to satisfy their claims.

4. Changes to or Deviations from Services

Following the conclusion of the contract, rare and urgent circumstances may necessitate a change to or a deviation from the contractually agreed-upon services. Such changes or deviations are permissible only if they are minor, do not fundamentally alter the agreed-upon service, and are based on an objective justification.

A minor and reasonable deviation generally occurs, for example, when the service provider offers the guest an adequate alternative accommodation because the originally booked space has become unusable or due to significant operational requirements necessitating a relocation.

The accommodation provider or their representative is obligated to inform the guest immediately of any changes to or deviations from the contractually agreed-upon services. The guest must be given the option to rebook at no additional cost; if such rebooking is impossible for reasons beyond the accommodation provider's control, the guest must be offered the option to cancel the booking free of charge.

If an accommodation provider is compelled to cancel a booking for urgent reasons, they are obligated to ensure that the guest is immediately provided with alternative accommodation of at least equivalent quality. If the cancellation occurs on the day of arrival, or if the guest only learns of the cancellation upon arrival, the accommodation provider must secure alternative accommodation within a period of 4 hours.

Any additional costs incurred for alternative accommodation shall be borne by the respective service provider.

In the event of a permissible change, other rights (in particular, price reduction and claims for damages) remain unaffected.

5. Withdrawal from the Contract and No-Show

5.1 Withdrawal by the Guest

The guest may withdraw from the contract at any time prior to the commencement of the booked service by notifying the accommodation provider. To avoid any misunderstandings, such notice of withdrawal should be provided in writing—via post, fax, or email.

If the guest withdraws from the booking or fails to make use of the booked service, the guest remains obligated to pay the full booking amount (the accommodation price). If a cancellation is made 7 days prior to the scheduled arrival, a charge of 80% of the total cost will apply.

The accommodation provider shall, in the ordinary course of business, make reasonable efforts to re-let the accommodation; however, the provider is under no obligation to undertake extraordinary measures to secure a new booking.

In the event that the accommodation is re-let, the proceeds from such a booking shall be credited against the guest's payment obligation. If it is not possible to re-let the accommodation, the accommodation provider shall deduct any expenses saved as a result of the cancellation from the amount owed by the guest.

For the purpose of calculating these saved expenses in the context of accommodation services, the courts have recognized the following benchmark percentages to be paid by the guest to the accommodation provider:

Booked Service: Percentage:

• Holiday apartments and self-catering accommodation: 90%
• Bed and breakfast: 80%
• Half-board: 70%
• Full-board: 60%

The stated percentage applies to the total booking price, including all additional costs, but excluding any public levies such as tourist taxes or visitor fees.

The guest expressly retains the right to prove that the accommodation was occupied by another party or that the expenses saved by the accommodation provider were significantly higher than the amounts accounted for in the aforementioned flat rates. In such cases, the guest is only obligated to pay the lower amount.

To avoid unnecessary costs in the event of an unforeseen inability to commence the trip, it is strongly recommended to take out travel cancellation insurance.

5.2 Cancellation / Termination by the Accommodation Provider

If the guest has been granted a right to cancel free of charge, the accommodation provider is also entitled to withdraw from the contract within the agreed-upon period if other guests inquire about the booked rooms and the guest fails to provide a definitive confirmation of their booking upon the hotel's request.

The accommodation provider also has the right to withdraw from the contract if an agreed-upon prepayment or security deposit is not provided within the specified deadline.

Furthermore, the accommodation provider is entitled to withdraw from or terminate the contract for good cause. Good cause includes, but is not limited to, the following:

- failure to provide a payment or service when due

- the impossibility of fulfilling the contract due to force majeure or other circumstances beyond the control of the accommodation provider,

- unauthorized sub-letting or re-letting,

- booking the room based on misleading or false information regarding material facts, such as the identity of the guest or the purpose of the stay, or

- if the accommodation provider has reasonable grounds to believe that the use of the accommodation services could jeopardize the smooth operation, safety, or public reputation of the accommodation provider or its guests, and such risk does not originate from within the accommodation provider’s own sphere of responsibility.

The accommodation provider must notify the guest in writing of the exercise of its right of withdrawal without undue delay, and no later than 14 days after becoming aware of the reason for such withdrawal.

In the aforementioned cases of withdrawal, the guest shall have no claim to damages or any other form of compensation.

Any claim the accommodation provider may have for compensation for damages incurred or expenses already paid remains unaffected in the event of a justified termination of the contract.

6. Early Termination of the Contract

If the contract is concluded for a fixed term, it shall end upon the expiry of the agreed period.

In the event of an early termination of the contract by the guest, the accommodation provider’s claim to the full booking amount remains unaffected. However, the accommodation provider shall, in the ordinary course of business, make an effort to find an alternative use for the contractually agreed-upon service that was not utilized; the provider is not, however, under any obligation to undertake extraordinary efforts in this regard.

The contract with the accommodation provider terminates upon the death of the guest.

6.1 Withdrawal from the Contract and Non-Arrival

The guest may withdraw from the accommodation contract at any time prior to the commencement of the booked service by notifying the accommodation provider. To avoid any misunderstandings, such notice of withdrawal should be provided in writing—by mail, fax, or email.

If the guest withdraws from the booking or fails to make use of the booked service, the accommodation provider shall be entitled to the following flat-rate compensation, taking into account expenses typically saved and the potential for alternative use of the contractually agreed-upon service:

In the event of cancellation:

up to 90 days before the start of the trip: 0% of the total price

up to 60 days before the start of the trip: 30% of the total price

up to 40 days before the start of the trip: 50% of the total price

up to 30 days before the start of the trip: 60% of the total price

up to 29 days before the start of the trip: 80% of the total price

on the day the trip is scheduled to begin

or in the event of a no-show: 100% of the total price.

The guest expressly reserves the right to prove that the accommodation provider incurred no costs, or lower costs, than the flat-rate cancellation fees charged. In such a case, the guest is only obligated to pay the lower amount.

To avoid unnecessary costs should the guest be unexpectedly unable to commence their trip, the accommodation provider strongly recommends taking out travel cancellation insurance.

7. Liability

7.1 Liability for contractual obligations

The accommodation provider shall exercise the due care of a prudent businessperson in fulfilling its contractual obligations.

Claims for damages by the guest are excluded.

Excluded from this limitation are damages resulting from injury to life, body, or health for which the accommodation provider is responsible, as well as other damages based on an intentional or grossly negligent breach of duty by the accommodation provider, and damages resulting from an intentional or negligent breach of the accommodation provider’s essential contractual obligations.

Furthermore, mandatory liability under the Product Liability Act and liability arising from any guarantee provided by the hotel remain unaffected.

A breach of duty by the accommodation provider shall be deemed equivalent to a breach of duty by a legal representative or a person employed by the accommodation provider to perform its obligations.

Should disruptions or defects in the services provided by the accommodation establishment occur, the establishment shall endeavor to provide a remedy upon becoming aware of them or upon receiving a prompt complaint from the guest.

The guest is obligated to take reasonable measures to help resolve the disruption and to minimize any potential damage. Furthermore, the guest is required to notify the accommodation establishment in a timely manner if there is a possibility that an exceptionally high level of damage could occur.

7.2 Liability for Items Brought onto the Premises

The accommodation provider is liable to the guest for items brought onto the premises in accordance with statutory provisions—specifically, up to one hundred times the room rate (capped at €3,500), and up to €800 for cash, securities, and valuables.

Cash, securities, and valuables may be stored in the hotel safe (up to a maximum value of €10,000) or in the in-room safe (up to a value of €800). The accommodation provider recommends that guests make use of these options.

Liability claims shall be forfeited if the guest fails to notify the accommodation provider immediately upon becoming aware of any loss, destruction, or damage (Section 703 of the German Civil Code [BGB]). Regarding any further liability on the part of the accommodation provider, the provisions set forth in Section 7.1, paragraphs 2 through 4, shall apply accordingly.

7.3 Damage in Parking Areas

The provision of a space in a garage or parking area belonging to the accommodation provider—whether provided for a fee or free of charge—does not constitute a contract of safe-keeping (custody agreement). The accommodation provider assumes no obligation to monitor the vehicle.

In the event that motor vehicles—or their contents—are lost or damaged while parked or being maneuvered on the accommodation provider’s premises, the accommodation provider shall be liable only in cases of intent or gross negligence on its part. Section 7.1, paragraphs 2 through 4, shall apply accordingly.

7.4 Wake-up calls, mail, and shipments

Wake-up calls are carried out by the accommodation establishment with the utmost care.

Messages, mail, and shipments intended for guests are handled with care. The accommodation establishment shall ensure their delivery and storage, and—upon request and for a fee—shall forward them to the guest. The second through fourth sentences of Section 1 above shall apply accordingly.

8. Statute of limitations

8.1 Claims by the guest against the accommodation establishment, regardless of the legal basis—with the exception of claims arising from a tortious act—shall be time-barred after one year. Claims arising from a tortious act shall be subject to the statutory limitation periods.

8.2 The limitation period begins at the end of the year in which the claim arose and the guest became aware—or, in the absence of gross negligence, should have become aware—of the circumstances giving rise to the claim and of the identity of the accommodation provider as the debtor.

8.3 If negotiations are underway between the guest and the accommodation provider regarding the claim or the circumstances giving rise to it, the limitation period is suspended until either the guest or the accommodation provider refuses to continue the negotiations. The limitation period shall expire no earlier than three months after the end of such suspension.

9. Data Protection

9.1 The accommodation provider collects and processes personal data exclusively for the purpose of handling the guest’s bookings. All guest data is stored and processed in compliance with the relevant provisions of the Federal Data Protection Act (BDSG) and the Teleservices Data Protection Act (TDDSG).

9.2 The guest has the right, at any time, to obtain information free of charge regarding their stored data, and to request the correction, blocking, or deletion of such data.

9.3 Personal data provided by the guest is used solely for the purpose of establishing and executing the accommodation services and any other booked services.

In this context, the accommodation provider is authorized to share this data with third parties for the purpose of handling inquiries, processing bookings, and managing payments.

9.4 Unless otherwise revoked, the accommodation provider is authorized to collect, process, and use the personal data obtained for the purposes of consultation, advertising, market research, and the tailoring of offers or services to specific needs. Such revocation may be declared to the accommodation provider at any time, without any formal requirement.

10. Final Provisions, Place of Jurisdiction, and Applicable Law

10.1 Any amendments or additions to the contract, the acceptance of an application, or these terms and conditions for the accommodation contract must be made in writing. Unilateral amendments or additions by the guest shall be invalid.

10.2 The entire legal and contractual relationship between the accommodation provider and guests who do not have their primary residence or place of business in Germany shall be governed exclusively by German law. The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) and conflict-of-law rules is excluded.

10.3 Legal actions against the accommodation provider must be brought at the provider’s registered place of business.

10.4 For legal actions brought by the accommodation provider against a guest, the guest’s place of residence shall be the determining factor, unless the action is directed against commercial entities, legal entities under public or private law, or individuals who have moved their place of residence or habitual abode abroad after the conclusion of the contract, or whose place of residence or habitual abode is unknown at the time the action is filed. In such cases, the registered place of business of the accommodation provider shall be the determining factor.

10.5 Should individual provisions of these General Terms and Conditions for hotel accommodation be or become invalid or void, the validity of the remaining provisions shall not be affected.

Otherwise, the statutory provisions apply.