Terms and conditions

1.Scope and subject matter

1.1 These General Terms and Conditions apply to contracts for the temporary provision of guest rooms at Pension Sonnenschein for accommodation and to all other guesthouse services agreed in connection with the stay.

1.2 Subletting or onward rental of the rooms, or their use for purposes other than accommodation, requires the guesthouse’s prior consent in text form.

1.3 Terms and conditions of the guest or another person making the reservation apply only if their application has been expressly agreed in text form in advance.

2.Reservation offer, formation of the contract and contracting parties

2.1 By finally submitting the reservation, the guest makes a binding offer carrying an obligation to pay for the displayed dates, selected room category, rate, occupancy, services and total price. The automatic receipt confirms technical delivery only. It is not a booking confirmation, does not accept the offer and does not yet hold capacity.

2.2 An accommodation contract is formed only when the guesthouse expressly confirms the booking after personally checking actual availability. The guesthouse may reject the offer. A confirmation with a different room category, services, conditions or prices is a new offer by the guesthouse and becomes binding only when expressly accepted by the guest.

2.3 The contracting parties are the guesthouse and the guest named in the booking confirmation. Where a third party has made the reservation for the guest, that person is jointly and severally liable with the guest to the extent that they have assumed such an obligation.

2.4 Claims against the guesthouse generally become time-barred one year after the statutory limitation period begins; the period for damages claims is five years. These shortened periods do not apply to claims arising from intentional or grossly negligent breaches of duty or where mandatory law provides for a longer period.

3.Services, room category and prices

3.1 Once the contract has been formed, the guesthouse must provide the confirmed room category for the confirmed occupancy and perform the expressly agreed services. The guest is entitled to a particular physical room only if that room was expressly confirmed in text form. The specific room may be allocated or changed later, provided that the confirmed category, occupancy and services remain unchanged.

3.2 The guest must pay the confirmed prices for the room and any additional services used. This also applies to services and expenses incurred by the guesthouse for third parties at the guest’s request. The total shown in the reservation review and subsequently confirmed, together with the payment and cancellation conditions of the confirmed rate, is decisive. Agreed prices include the applicable statutory value added tax.

3.3 Any later reduction in the number of rooms, agreed services or length of stay requires the guesthouse’s consent. The guesthouse may make its consent conditional on an adjustment of the prices for the remaining rooms or services. A change becomes effective only when confirmed in text form.

4.Payment, advance payments and set-off

4.1 The Flex rate is paid on site by cash or card. For the Standard rate, the invoice is sent with the booking confirmation. Invoices are payable without deduction within the period stated on the invoice. Statutory consequences apply in the event of default; agreed late-payment or processing charges may be levied only to the extent permitted by law.

4.2 The guesthouse may require a reasonable advance payment or security at or after formation of the contract where this is specified in the confirmed rate, the booking confirmation or a later agreement in text form.

4.3 In justified cases, particularly a material payment default, the guesthouse may withhold additional services not yet performed until payment is made, unless mandatory contractual or statutory obligations require otherwise.

4.4 The guest may set off a claim against a claim of the guesthouse only if the guest’s claim is undisputed or has been finally established by a court.

5.Cancellation, withdrawal and no-show

5.1 The cancellation and payment conditions displayed for the selected rate and recorded in the booking confirmation apply. Standard and Flex conditions are separate and are not combined.

5.2 Flex rate: the guest may cancel free of charge in text form until 14 days before the agreed arrival date. After that date, withdrawal requires the guesthouse’s consent. Without consent, the agreed amount remains payable even if the services are not used.

5.3 Standard rate: this rate cannot be cancelled free of charge. Payments already made are generally non-refundable. The full agreed amount may become payable in the event of cancellation or no-show.

5.4 In every case, income from reletting unused rooms and expenses saved by the guesthouse are deducted. Partial cancellations, rebookings or changes to dates, occupancy, room category or services require a new express agreement in text form and are not deemed accepted by silence.

5.5 There is generally no statutory right of withdrawal for contracts for accommodation on a specific date or during a specific period. Contractual cancellation rights, in particular the Flex conditions, remain unaffected. The guest decides independently whether to take out travel cancellation insurance from an external provider.

6.Withdrawal by the guesthouse

6.1 Where the guest has an agreed right to cancel free of charge within a specified period, the guesthouse may also withdraw within that period for an objectively justified reason, in particular where an effectively agreed advance payment is not made on time.

6.2 The guesthouse may also withdraw or terminate the contract for reasons provided by law or effectively agreed in the contract, in particular for serious breaches of house rules. Following a justified withdrawal, the guest has a claim for damages only to the extent required by mandatory law.

7.Room availability, arrival and departure

7.1 Confirmed rooms are available from 4:00 pm on the agreed arrival date. The guest is not entitled to earlier availability unless it has been expressly confirmed. Under the applicable operating procedure, self check-in uses the key box beside the entrance. A personal access code is sent separately and must not be disclosed to unauthorised third parties.

7.2 The room must be vacated and made available to the guesthouse by 10:00 am on the agreed departure date. In the event of late departure, the guesthouse may charge 50 per cent of the full list price of the room for use beyond the contract until 2:00 pm and 100 per cent thereafter. Further claims remain unaffected; the guest may demonstrate that the loss was lower.

8.Guest duties, no-smoking rule and special costs

8.1 Rooms, shared areas, fittings, keys and access devices must be treated with care and used only as agreed. Under statutory law, the guest is responsible for damage and special cleaning costs caused by the guest or persons attributable to the guest.

8.2 The guesthouse is non-smoking. Smoking is allowed only in designated outdoor areas. In the event of a breach, the guesthouse may terminate the accommodation contract with immediate effect and refuse a continued stay where this is proportionate to the nature and seriousness of the breach.

8.3 Where smoking causes proven additional cleaning, particularly odour neutralisation, a cleaning charge of EUR 150.00 is levied. The guest may demonstrate that no expense or a substantially lower expense was incurred. The guesthouse may claim any further proven loss.

9.Liability and cooperation

9.1 The guesthouse is liable for its obligations under the contract. Claims for damages are excluded unless they concern injury to life, body or health, an intentional or grossly negligent breach of duty, or an intentional or negligent breach of a material contractual duty.

9.2 If disruption or defects occur, the guesthouse will seek to remedy them once aware or following prompt notification by the guest. The guest must take reasonable steps to assist in remedying the issue and limiting any potential loss.

9.3 The guesthouse is liable for property brought onto the premises in accordance with statutory law. Liability is generally limited to ten times the room price and a maximum of EUR 1,000.00. Mandatory statutory rules apply to money, securities and valuables.

9.4 Providing a space in the guesthouse car park does not create a custody agreement. The guesthouse is liable for loss of or damage to vehicles, trailers and their contents parked or moved on the property only in cases of intent or gross negligence, unless mandatory law provides otherwise.

10.Final provisions

10.1 Changes or additions to the contract or these General Terms and Conditions should be made in text form. Unilateral changes by the guest do not form part of the contract.

10.2 The place of performance and payment is the registered location of the guesthouse to the extent permitted by law. Statutory places of jurisdiction apply to consumers.

10.3 German law applies. The UN Convention on Contracts for the International Sale of Goods and conflict-of-law rules are excluded to the extent that mandatory consumer-protection provisions do not require otherwise.

10.4 If any provision of these General Terms and Conditions is or becomes wholly or partly invalid or void, the remaining provisions continue to apply. Statutory provisions take the place of the invalid provision.