Terms and Conditions (GTC)

Horschel GmbH – Hotel Sonne

I. Scope  

1. These terms and conditions apply to contracts for the rental of hotel rooms for accommodation and for the use of event rooms for meetings, seminars, congresses, banquets, etc., as well as all other services and deliveries provided to the customer by Horschel GmbH, hereinafter referred to as the hotel, ( hotel accommodation contract).  

2. The prior written consent of the hotel is required before the rooms or function rooms may be sublet or rented to third parties, or the rooms may be used for purposes other than accommodation.  

3. The customer's terms and conditions only apply if this has been previously agreed in writing.

 

 II.   conclusion of contract, partner, liability; statute of limitations

1. The contract is concluded when the hotel accepts the customer's application. The hotel is free to confirm the room booking in writing.  

2. The contractual partners are the hotel and the customer. If a third party has ordered for the customer, they are liable to the hotel together with the customer as joint debtor for all obligations arising from the hotel accommodation contract, provided that the hotel has a corresponding declaration from the third party.  

3. All claims against the hotel generally become time-barred one year from the beginning of the knowledge-dependent regular limitation period of Section 199, Paragraph 1 of the German Civil Code. Claims for damages become statute-barred after five years, regardless of knowledge. The shortening of the limitation period does not apply to claims based on an intentional or grossly negligent breach of duty by the hotel.

4. This limitation of liability and short limitation period also apply in favor of the hotel in the event of a breach of obligations when initiating the contract and positive breach of contract.

 

 III. Services, prices, payment, offsetting

1. The hotel is obliged to keep the rooms booked by the customer available and to provide the agreed services.  

2. The customer is obliged to pay the applicable or agreed hotel prices for rooms provided and for other services used. This also applies to services and expenses of the hotel arranged by the customer for third parties.  

3. The agreed prices include the respective statutory VAT. If the VAT rate increases on the day the service is rendered, the agreed prices will change accordingly. The hotel is entitled to subsequently charge the VAT. If the period between the conclusion of the contract and the fulfillment of the contract exceeds 4 months and the price generally charged by the hotel for such services increases, the hotel can increase the contractually agreed price appropriately, but by no more than 10%.  

4. The hotel can also change the prices if the customer subsequently requests changes to the number of booked rooms, the hotel's services or the length of stay of the guests and the hotel agrees to this.  

 5. Hotel invoices without a due date are payable within 10 days of receipt of the invoice without deduction. The hotel is entitled to make accrued claims due at any time and to demand immediate payment. In the event of late payment, the hotel is entitled to charge interest of currently 8% or, in the case of legal transactions involving a consumer, 5% above the base rate of the European Central Bank. The customer reserves the right to prove a lower damage, the hotel that of a higher damage. For each reminder after default, the customer has to reimburse reminder costs in the amount of EUR 5.‐‐. All other costs incurred as part of collection are borne by the customer.

6. The hotel is entitled to demand an appropriate 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 payment dates can be agreed in writing in the contract.

7. Furthermore, the hotel is entitled to demand a reasonable advance payment or security deposit within the meaning of No. 6 above for existing and future claims from the hotel accommodation contract at the beginning and during the stay, insofar as such has not already been made in accordance with No. 6 above .   8. The customer can only offset or reduce a claim by the hotel with an undisputed or legally binding claim.

 

IV. Withdrawal by the customer (cancellation, cancellation)  

1. A cancellation by the customer of the contract concluded with the hotel requires the written consent of the hotel. If this does not take place, the agreed price from the contract must also be paid if the customer does not make use of the contractual services (damages). This   does not apply in cases of delay in performance by the hotel or in the impossibility of providing the service for which it is responsible.  

2. If a date for withdrawal from the contract has been agreed in writing between the hotel and the customer, the customer can withdraw from the contract up to that point without triggering claims for payment or damages on the part of the hotel. The customer's right of withdrawal expires if he does not exercise his right of withdrawal in writing to the hotel by the agreed date, unless there is a case of default by the hotel or an impossibility of service provision for which he is responsible.  

 3. In the case of rooms not used by the customer, the hotel must offset the income from renting the rooms to other parties and the saved expenses.  

4. The hotel is free to charge a lump sum for the damage incurred and to be compensated by the customer. The customer is then obliged to pay 90% of the contractually agreed price for accommodation with or without breakfast, 70% for half board and 60% for full board arrangements. The customer is free to prove that no damage has occurred or that the damage incurred by the hotel is lower than the flat rate required.

 

V. Cancellation by the hotel

 1. If the customer's right of withdrawal has been agreed in writing within a certain period of time, the hotel is entitled to withdraw from the contract during this period if there are inquiries from other customers about the contractually booked rooms and the customer does not waive his right to withdraw when asked by the hotel . This applies accordingly if an option is granted.

2. If an agreed advance payment is not made even after a reasonable period of grace set by the hotel has expired with the threat of rejection, the hotel is also entitled to withdraw from the contract.

3. Furthermore, the hotel is entitled to extraordinarily withdraw from the contract for a materially justifiable reason, for example if force majeure or other circumstances for which the hotel is not responsible make it impossible to fulfill the contract; Hotel services are booked with misleading or false information about essential facts, eg in the person of the customer or the purpose; the hotel has reasonable grounds to assume that the use of the hotel service may endanger the smooth running of business, the security or the reputation of the hotel in public, without this being attributable to the hotel's area of control or organization; there is a violation of the scope of application paragraph 2 above.  

4. The hotel must immediately inform the customer of the exercise of the right of withdrawal.  

5. Unauthorized job interviews, sales and similar events can be prevented or canceled by the hotel.  

6. In the event of a justified cancellation by the hotel or the cancellation of an unauthorized event in accordance with No. 5 above, the customer is not entitled to compensation.

 

VI. Room availability, handover and return

1. The customer does not acquire the right to be provided specific rooms or function rooms.  

2. Booked rooms are available to the customer from 3 p.m. on the agreed arrival date. The customer has no right to earlier availability. Unless a later arrival time has been expressly agreed or the room has been paid for in advance, the hotel has the right to allocate booked rooms to someone else after 6 p.m. without the customer being able to derive a claim against the hotel from this. Claims of the hotel from Clause IV remain unaffected by this regulation.

3. On the agreed day of departure, the rooms must be vacated and made available to the hotel by 11:00 a.m. at the latest. After that, the hotel can charge 50% of the full accommodation price (list price) for the additional use of the room up to 6 p.m. and 100% after 6 p.m. This does not justify contractual claims by the customer. The customer is free to prove to the hotel that no damage or a significantly lower damage was incurred.

 

VII. Obligations of the contractual partner

1. The contractual partner is obliged to pay the agreed fee plus any additional amounts that have arisen due to the separate use of services by him and/or the guests accompanying him, plus statutory sales tax, at the latest at the time of departure.

2. The hotel is not obliged to accept foreign currencies. If the hotel accepts foreign currencies, these will be accepted as payment at the daily exchange rate if possible. If the hotel accepts foreign currencies or cashless means of payment, the contractual partner bears all associated costs, such as inquiries with credit card companies, telegrams, etc.

3. The contractual partner is liable to the hotel for any damage caused by him or the guest or other persons who accept services from the hotel with the knowledge or will of the contractual partner.

 

VIII. Animal Husbandry

1. Animals may only be brought into the accommodation facility with the prior consent of the hotel and, if necessary, for a special fee.

2. The contractual partner who takes an animal with him is obliged to keep or supervise this animal properly during his stay or to have it kept or supervised by suitable third parties at his own expense.

3. The contractual partner or guest who takes an animal with him must have appropriate animal liability insurance or private liability insurance, which also covers possible damage caused by animals. Proof of the relevant insurance must be provided at the request of the hotel.

4. The contractual partner or his insurer are jointly and severally liable to the hotel for the damage caused by animals brought along. In particular, the damage also includes those replacement services by the hotel that the hotel has to provide to third parties. 13.5 Animals are not allowed in the salons, social and restaurant rooms and wellness areas.

 

IX. Final Provisions

1. Changes or additions to the contract, the acceptance of applications or these terms and conditions for hotel accommodation should be made in writing. Unilateral changes or additions by the customer are invalid.  

2. The place of performance and payment is the hotel's registered office.

3. The exclusive place of jurisdiction - also for disputes over checks and bills of exchange - in commercial transactions is the registered office of the company in Görlitz.

 4. German law applies. The application of the UN sales law and the conflict of laws is excluded.

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 addition, the statutory provisions apply.