Hotel terms and conditions
General terms and conditions (as of 10.05.2010)
1. These Terms and Conditions apply to contracts for the rental of hotel rooms or holiday apartments for accommodation purposes as well as all other services and deliveries provided by the hotel for the customer.
2. Subletting or subleasing of the rooms provided and their use for other lodging purposes require the prior written consent of the hotel.
3. The customer's terms and conditions shall only apply if they have been agreed in advance.
The All-Inclusive Family Club "Sonnenpark" is a holiday apartment complex with hotel services.
In March 2005 the "Sonnenpark" was awarded 4 stars (First Class) according to the guidelines of the "German Hotel Classification". Due to the size of the holiday apartments, daily cleaning is not obligatory. Daily cleaning or intermediate cleaning is possible at any time for a small fee. A final cleaning is included in the price. Towels can be changed at any time free of charge on request.
The All-Inclusive Familyclub "Sonnenpark" is called hotel in the following text for better understanding.
Conclusion of contract, partner, liability; statute of limitation
1. The contract comes into effect when the hotel accepts the customer's application. The hotel is free to confirm the room booking in writing.
The contracting parties are the hotel and the customer. If a third party has placed an order on behalf of the customer, the customer is liable to the hotel together with the customer as joint and several debtor for all obligations arising from the hotel accommodation contract, provided the hotel has a corresponding declaration by the third party.
The hotel is liable for its obligations under the contract. In areas not typical of the service, liability is limited to intent and gross negligence on the part of the hotel.
4. the limitation period for all claims of the customer is 6 months.
5. this limitation of liability and short statute of limitations shall apply in favour of the hotel even in the event of breach of obligations in the initiation of the contract and positive breach of contract.
Performance, Prices, Payment, Offset
1. The hotel is obliged to keep the rooms booked by the customer ready and to provide the agreed services.
2. the customer is obligated to pay the hotel's applicable or agreed prices for the provision of the room and the additional services used by the customer. This shall also apply to the hotel's services and expenses to third parties arranged by the customer.
3. The agreed prices include the respective statutory value-added tax. If the period between conclusion and fulfillment of the contract exceeds 4 months and if the price generally charged by the hotel for such services increases, the hotel may raise the contractually agreed price by a reasonable amount, but not by more than 10%.
Furthermore, the hotel may change the prices if the customer subsequently requests changes in the number of rooms booked, the hotel's services, or the length of the guests' stay, and the hotel agrees to such changes.
5. The hotel's invoices without a due date are payable upon departure, but no later than within 10 days of receipt of the invoice without deduction. The hotel is entitled to declare accrued claims 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 4% above the current discount rate of the Deutsche Bundesbank. The customer reserves the right to prove lower damages and the hotel reserves the right to prove higher damages.
The hotel is entitled to demand a reasonable 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 dates of payment may be agreed in writing in the contract.
7. the customer may only offset or reduce a hotel's claim against a hotel's claim if the claim is undisputed or legally binding.
8. All overnight prices are exclusive of the Willingen tourist tax currently amounting to 2 € per person per night, children up to 14 years of age are free of charge. In return, the customer receives the Kurkarte / Sauerland-Card with numerous discounts and reduced entrance fees in and around Willingen.
Cancellation by the customer
1. The customer's withdrawal from the contract concluded with the hotel requires the hotel's written consent. If this is not done, the agreed price from the contract is payable even if the customer does not make use of contractual services. This does not apply in cases of delay in performance by the hotel or in the event of impossibility of performance for which the hotel is responsible.
2. The customer may withdraw from the contract up to 4 weeks prior to departure without incurring payment or damage claims by the hotel. The customer's right of rescission expires if he does not exercise his right of rescission in writing to the hotel by the agreed date, unless there is a case of the hotel's default in performance or an impossibility of performance for which the hotel is responsible.
3. In the case of rooms not used by the customer, the hotel shall set off the income from renting the rooms to other parties and the expenses saved.
4. The hotel is at liberty to make a lump-sum payment for the damage incurred and to be compensated by the customer. Taking into account the possibility of proving that the damage was less, the customer is then obliged to pay 60% for full board arrangements (all-inclusive). Partial cancellations of bookings are not possible.
5. The hotel recommends taking out travel cancellation insurance including protection in the event of premature departure (can be taken out at any travel agency, bank or online at www.familotel.de )
The hotel's own offer "Non-commencement of travel protection package" can be booked with the reservation. Costs up to a travel price of: 800 € (20 €) to 1,600 € (30 €) over 1,600 € (40 €).
The protection occurs if the journey cannot be commenced within four weeks before the start of the journey due to an unexpectedly serious illness (medical certificate required) or an accident of one of the booked persons or a close relative. The personal contribution is 20 %. Half of the own contribution will be credited with the next reservation.
If the trip is cancelled earlier than four weeks before the start of the trip, only the costs of the "Non-Commencement of the Travel Protection Package" will be charged.
The in-house offer "Non-commencement of travel protection package" only applies in the event of non-commencement of the journey and is not travel interruption insurance. It can be taken out at any travel agency, bank or at www.familotel.de.
Cancellation by the hotel
If the customer's right to rescind the contract has been agreed in writing within a certain period of time, the hotel is entitled for its part to rescind the contract during this period if there are inquiries from other customers regarding the contractually booked rooms and the customer does not waive his or her right to rescind the contract upon inquiry by the hotel.
If an agreed advance payment is not made even after a reasonable grace period set by the hotel with threat of refusal has expired, the hotel is likewise entitled to rescind the contract.
Furthermore, the hotel is entitled to rescind the contract for objectively justified reasons, for example if force majeure or other circumstances for which the hotel is not responsible make performance of the contract impossible:
Rooms are booked under misleading or false information of material facts, e.g. in the person of the customer or the purpose;
the hotel has reasonable cause to believe that the use of the hotel's services may jeopardize the smooth operation of the business, the security or the public reputation of the hotel, without this being attributable to the hotel's sphere of control or organization.
If there is an infringement of paragraph 2 of the scope of application.
4. The hotel must inform the customer immediately of the exercise of right of withdrawal.
5. In the event of justified withdrawal by the hotel, the customer shall not be entitled to claim damages.
Provision, handover and return of rooms
1. The customer does not acquire any claim to the provision of specific rooms.
2. Booked rooms are available to the customer as of 15.00 o'clock on the agreed day of arrival. The customer has no claim to earlier provision.
3. On the agreed day of departure the rooms must be vacated and made available to the hotel by 10.00 at the latest. After that time, the hotel may charge 50% of the full room rate (list price) for additional use of the room until 18:00 o'clock, and 100% from 18:00 o'clock onwards, taking into account the possibility of proving lesser damage.
Liability of the hotel
1. The hotel is liable for the diligence of a prudent businessman. This liability is not typical of the service provided, but is limited to deficiencies in service, damage, consequential damage or disruptions caused by intent or gross negligence on the part of the hotel. Should disruptions or defects in the hotel's services occur, the hotel will endeavor to remedy such upon knowledge thereof or upon the customer's immediate complaint. The customer is obligated to make all 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 room in accordance with the statutory provisions, i.e. up to one hundred times the room price, but not exceeding € 3,000.00, and for money and valuables up to € 750.00. Money and valuables may be stored in the room safe. The hotel recommends making use of this possibility. The liability claims expire if the customer does not notify the hotel immediately after becoming aware of loss, destruction or damage (§ 703 BGB). Liability claims shall also expire if the customer keeps room or balcony doors unlocked and valuables can easily be stolen for this reason.
3 The hotel's unlimited liability is governed by the statutory provisions.
4. If the customer is provided with a parking space in the hotel garage or in a hotel parking lot, even against payment, this does not constitute a safekeeping agreement. The hotel shall not be liable for loss of or damage to motor vehicles parked or manoeuvred on the hotel property or their contents, except in cases of intent or gross negligence. This also applies to the hotel's vicarious agents.
5. wake-up orders are carried out by the hotel with the utmost care. Claims for damages, except in cases of gross negligence or intent, are excluded.
6. Messages, mail and goods consignments for guests are handled with care. The hotel shall be responsible for the delivery, storage and - upon request and against payment - forwarding of such items. Claims for damages, except for gross negligence or intent, are excluded.
1. Amendments or additions to the contract, the acceptance of applications or these terms and conditions for hotel accommodation should be made in writing. Unilateral amendments or additions by the customer are invalid.
2. Place of performance and payment is the hotel's registered office.
3. The exclusive place of jurisdiction - also for disputes concerning cheques and bills of exchange - in commercial transactions is the hotel's registered office. Insofar as a contractual partner fulfills the requirements of § 38 paragraph 1 ZPO (German Code of Civil Procedure) and does not have a general place of jurisdiction in Germany, the place of jurisdiction is the registered office of the hotel.
4. German law applies.
5. Should individual provisions of these General Terms and Conditions for Hotel Accommodation be or become invalid or void, this shall not affect the validity of the remaining provisions. In all other respects the statutory provisions shall apply.
Platform for Online Dispute Resolution of the European Commission:
"We as a company are basically prepared to participate in the dispute resolution procedure in accordance with the Consumer Dispute Resolution Act (VBSG). The European Commission provides a platform for online dispute resolution (OS) for this purpose, which you can find here".http://ec.europa.eu/consumers/odr/. Consumers have the possibility to contact - StraßburgerStr. 8 / 77694 Kehl / Germany / e-mail address:firstname.lastname@example.org / website: https://www.verbraucher-schlichter.de/phone: +49 7851 79579 40 / fax: +49 7851 79579 41 - for the settlement of their disputes".