General Terms and Conditions

Dear customer, the following General Terms and Conditions form an integral part of the hotel accommodation contract (hereinafter referred to as the Contract) between you (hereinafter referred to as the Customer) and the respective hotel company (hereinafter referred to as the Hotel) concerning the rental provision of hotel rooms as well as all services provided to the Customer in this context (Section I). They also apply to all contracts for the delivery of vouchers concluded by a customer (consumer or business) with the seller (hotel or head office) with regard to the vouchers and products presented by the seller in the Sonnenhotels & Resorts online shop (Section II). Specifically, this includes the following hotel companies (hotels):

  • Sonnenhotels Zentrale, Sonnenhotels GmbH, Nordhäuser Str. 1, 38667 Bad Harzburg
  • Sonnenhotel Bayerischer Hof, Sonnenhotel Bayerischer Hof GmbH, Torweiherweg 5, 93449 Waldmünchen
  • Sonnenhotel Hoher Hahn, Sonnenhotels Erzgebirge GmbH & KG, Gemeindestraße 92, 08340 Schwarzenberg
  • Sonnenhotel Zum Stern, Sonnenhotel Hotelbetriebs GmbH, Weitmoserstraße 37, A – 5630 Bad Hofgastein
  • Sonnenresort Ettershaus, Sonnenhotels Harz GmbH & Co. KG, Nordhäuser Straße 1, 38667 Bad Harzburg
  • Sonnenhotel Weingut Römmert, Sonnenhotels Nord GmbH & Co. KG, Erlachhof 1a, 97332 Volkach

The Sonnenhotels GmbH Servicezentrale, Nordhäuser Str. 1, 38667 Bad Harzburg acts as a service provider for the hotel companies and operates the online shop. Therefore, no hotel accommodation contract is concluded between the Sonnenhotels GmbH Servicezentrale and the customer. The customer's own terms and conditions shall apply only if expressly agreed in writing. Please take the time to read these provisions before making your booking or purchase.

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1. Conclusion of the Contract; Contracting Parties

1.1. By submitting a booking request, the customer makes a binding offer to the hotel to conclude a contract. The offer may be made in writing, verbally, by telephone or via the internet.

1.2. The contracting parties are the respective hotel and the customer who makes use of the hotel's services. If the booking is made by a third party on behalf of the customer, that third party shall be jointly and severally liable to the hotel, together with the customer, for all obligations arising from the contract.

1.3. The contract comes into effect upon acceptance by the hotel. The hotel will provide the customer with a reservation confirmation. If confirmation in text form is not possible in individual cases and/or for short-notice bookings, confirmation by telephone from the hotel shall suffice.

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

2. Payment Terms, Prices

The hotel may agree deviating payment terms, deposits or payment guarantees (provision of credit card details) with the customer in writing on a case-by-case basis. The same applies to group bookings, conferences, events, celebrations and seminars.

2.1. The customer is obliged to pay the hotel's agreed or applicable prices for the provision of the room and for any further services used by the customer. This also applies to services arranged by the customer and expenses advanced by the hotel to third parties. The agreed prices include the applicable statutory value added tax. If the VAT rate increases by the date on which the service is provided, the agreed prices shall change accordingly. The hotel is entitled to charge the VAT increase retrospectively.

2.2. The customer pays the price for the provision of the room, as well as for any further services commissioned by the customer and, where applicable, advanced by the hotel, on site upon arrival. The hotel accepts cash payments as well as payments by EC/Maestro card. In addition, the hotel accepts payments by Eurocard/Mastercard, Visa or American Express credit cards.

2.3. If the hotel agrees payment by direct debit with the customer, the hotel is entitled, in the event of returned direct debits due to missing, faulty or incorrect data and in the event of returned direct debits due to insufficient funds, to charge an additional processing fee of EUR 15.00 on top of the costs charged by the bank; the same applies to the subsequent amendment of an invoice due to incorrect or incomplete information provided by the customer. The customer remains free to prove that the hotel incurred a significantly lower loss or no loss at all.

2.4. Upon conclusion of the contract, the hotel is entitled to request an appropriate advance payment or security from the customer, in the form of a credit card guarantee or similar. The amount of the advance payment and the payment dates may be agreed in writing in the contract. For group bookings, 50% of the invoice amount is due no later than 2 weeks before the booking date; the remaining amount is due at the latest upon arrival or after departure of the group.

Sonnenhotel zum Stern: Deposit: Please note that a deposit of 30% of the total amount is required to confirm your booking. Please transfer this amount within two weeks of the booking confirmation. Please state your reservation number when making the payment.

2.5. Any subsequent change to the number of rooms booked, the hotel's services or the length of stay requires the express consent of the hotel. The hotel may make its consent conditional on an increase in the price for the rooms and/or for the other services.

2.6. The prices do not include public or municipal charges owed personally by the customer, such as visitor's tax, cultural levies (so-called "bed tax") and the like. These charges must be borne additionally by the customer. The respective amounts will be invoiced to the customer separately.

3. Services of the Hotel

The scope of the services owed by the hotel results from the service descriptions (e.g. brochure, newspaper advertisements, price lists and/or other advertising materials) and from the information in the reservation confirmation referring to them. The information contained in the service descriptions is binding for the hotel. Before conclusion of the contract, the hotel may, for objectively justified, significant and unforeseeable reasons, declare a change to the brochure information, of which it will inform the customer at the time of the booking request. Any warranty claims remain unaffected.

4. Cancellation by the Customer, Rebookings, Substitute Persons

4.1. The conclusion of the hotel accommodation contract is binding for both the hotel and the customer.

4.2. If no right of cancellation has been agreed between the hotel and the customer, if such a right has already lapsed, or if the hotel does not expressly consent in writing to a termination of the contract, and if the customer also has no statutory right of cancellation, the hotel is entitled to the agreed remuneration even if the service(s) are not used.

4.3. The hotel must offset income from letting the rooms to other parties as well as saved expenses. If the rooms are not re-let, the following flat rates, payable by the customer, shall be deemed agreed between the hotel and the customer:

4.3.1. For the Sonnenresort Maltschacher See: For package arrangements and standard/daily rates from the respective hotel price list (defined as a rate that can no longer be cancelled free of charge), the following applies: 30-15 days before arrival (30%), 14-8 days before arrival (60%), from 7 days before arrival and in the event of non-arrival/no-show (90%). The Flex package or Flex rate can be cancelled free of charge up to 7 days before arrival; thereafter, 90% of the travel costs will be charged.

For the Sonnenhotel Zum Stern: The following cancellation conditions apply to individual bookings: free cancellation up to 72 hours before arrival from 72 hours before arrival, 90% of the total price on the day of arrival or in the event of a no-show, 100% of the total price

The following cancellation conditions apply to individual bookings (except Easter, Christmas, New Year's Eve and Carnival): free cancellation up to 7 days before arrival from 7 days before arrival, 70% of the total price from 5 days before arrival, 90% of the total price on the day of arrival or in the event of a no-show, 100% of the total price

For bookings over the Christmas period (20.12. – 26.12.), New Year's Eve (26.12. – 06.01.), the Carnival week and the Easter week, separate conditions apply: free cancellation up to 3 weeks before arrival from 21 days before arrival, 50% of the total price from 14 days before arrival, 70% of the total price from 7 days before arrival, 90% of the total price on the day of arrival or in the event of a no-show, 100% of the total price as a cancellation fee

The following group cancellation conditions apply: free cancellation up to 42 days before arrival from 41 days to 28 days before arrival, 50% of the total price from 27 days before arrival, 80% of the total price from 7 days before arrival, 90% of the total price on the day of arrival or in the event of a no-show, 100% of the total price as a cancellation fee

For the German hotels: The standard/daily rate from the respective hotel price list can be cancelled free of charge up to 7 days before arrival. Thereafter, and in the event of non-arrival/no-show, 90% of the travel price becomes due (defined as a rate that can be cancelled free of charge).

The Flex rate can be cancelled free of charge up to 3 days before arrival; thereafter, 90% of the travel costs will be charged. For package arrangements from the respective hotel price list (defined as a rate that can no longer be cancelled free of charge), the following applies: 30-15 days before arrival (30%), 14-8 days before arrival (60%), from 7 days before arrival and in the event of non-arrival/no-show (90%). A Flex package can be cancelled free of charge up to 7 days before arrival; thereafter, 90% of the travel costs will be charged.

4.3.3. The Best Price rate is a non-cancellable rate. In the event of a cancellation by the customer, 100% of the travel price is due at any time.

4.4. After conclusion of the contract, the customer may, subject to availability at the hotel, have changes made to the travel date and the booked services up to 3 days before arrival (rebooking). For such a rebooking, a rebooking fee of € 25.00 shall be deemed agreed between the hotel and the customer. After expiry of this period, a rebooking is only possible after consultation with and approval by the hotel.

4.5. The customer remains free to prove that the hotel incurred a significantly lower loss or no loss at all.

4.6. If the travel date is rebooked, a subsequent free-of-charge cancellation is excluded. In the event of a cancellation after a rebooking, at least 50% of the travel price is due; depending on the time of cancellation, the respective cancellation costs under points 4.3.1.-4.3.2. shall apply.

5. Cancellation and Termination by the Hotel

The hotel may withdraw from the contract before the customer's arrival or terminate the contract after the customer's arrival in the following cases:

5.1. If the hotel has reason to believe that the use of the hotel services may jeopardise the smooth operation of the business, the safety or the public reputation of the hotel, without this being within the hotel's sphere of control, or if the customer persistently disturbs the order, the smooth operation of the business or other guests of the hotel despite a warning from the hotel, or behaves in breach of the contract to such an extent that immediate termination of the contract is justified.

5.2. For objectively justified reasons, for example

  • force majeure or other circumstances beyond the hotel's control that make performance of the contract impossible
  • rooms being booked on the basis of misleading or false statements of material facts, e.g. regarding the identity of the customer or the purpose of the stay

5.3. If an advance payment (see clause 2.4.) is not made even after expiry of a reasonable grace period set by the hotel.

5.4. In the event of a withdrawal/termination by the hotel for the aforementioned reasons attributable solely to the customer, the hotel may claim damages from the customer in accordance with clause 4.

5.5. The customer remains free to prove that the hotel incurred a significantly lower loss or no loss at all.

6. Room Handover/Return; Provision to Third Parties

6.1. The booked room is available to the customer from 3:00 p.m. on the agreed day of arrival. The customer has no claim to earlier availability without an express written agreement.

6.2. Unless a later arrival time has been agreed with the hotel in advance, the hotel has the right to allocate the booked room to another party after 6:00 p.m. if the customer has not made an advance payment or provided security in accordance with clause 2.4. In this case, the customer has no claims against the hotel. The hotel's claims under clause 4 remain unaffected by this provision.

6.3. On the agreed day of departure, the rooms must be vacated and made available to the hotel no later than 10:00 a.m. Thereafter, due to the late vacating of the room, the hotel may charge 50% of the applicable daily rate for its use until 6:00 p.m., and 100% from 6:00 p.m. onwards. This does not give rise to any contractual claims on the part of the customer. The customer remains free to prove that the hotel incurred a significantly lower loss or no loss at all.

6.4. The subletting or re-letting of the rooms provided, as well as their use for purposes other than accommodation, require the prior written consent of the hotel. If the hotel does not consent to such subletting or re-letting, this does not give rise to any right of cancellation on the part of the customer.

7. Liability of the Hotel

7.1. The hotel is liable for its obligations under the contract with the diligence of a prudent businessman. Claims for damages, regardless of the legal grounds, are excluded unless they are based on an intentional or grossly negligent breach of typical contractual obligations by the hotel, its legal representatives or vicarious agents. Liability for slight negligence is excluded. Liability for damages arising from injury to life, body or health remains unaffected.

7.2. Any liability of the hotel for consequential or indirect damages is excluded.

7.3. For items brought into the hotel, the hotel is liable to the customer in accordance with the statutory provisions.

7.4. Insofar as a parking space in the hotel garage or in a hotel car park is made available to the customer, including for a fee, this does not constitute a contract of safekeeping. The hotel is not liable for the loss of or damage to motor vehicles parked or manoeuvred on the hotel premises, or their contents, except in cases of intent or gross negligence.

7.5. Items left behind by the customer will only be forwarded at the customer's request, risk and expense. The hotel will keep the items for three months. Thereafter, provided they are of recognisable value, they will be handed over to the local lost property office. If they are of no recognisable value, the hotel reserves the right to destroy them after expiry of this period.

7.6. The hotel accepts no liability for damages incurred by the traveller as a result of wake-up calls made incorrectly or not at all, or messages not delivered.

7.7. The customer must notify the hotel of any damage without delay.

8. Liability of the Traveller

The traveller is liable in accordance with the statutory provisions for damage to the building and/or inventory caused by the traveller or by members of the traveller's family.

1. Scope of Application

1.1. The provisions of Section II apply to all contracts for the delivery of vouchers and products concluded by a customer (consumer or business) with the seller with regard to the vouchers and products offered by the seller in its online shop. The customer's own terms and conditions shall apply only if expressly agreed in writing.

1.2. The selection of vouchers and products presented on the Sonnenhotels & Resorts website does not constitute a binding contractual offer, but is merely to be understood as an invitation to the customer to submit an offer. The contract comes into effect when the customer, after completing and submitting the order details, downloads or prints the voucher with the voucher code generated for them by the hotel, or when the voucher or the products are sent to the customer.

2. Vouchers

2.1. The purchased vouchers contain a voucher code with information on the validity period and value of the voucher. The voucher can only be redeemed once. Any attempt to redeem the same voucher more than once, or further vouchers with the same code, constitutes misuse and will be reported to the authorities.

2.2. Lost vouchers or products will not be replaced. Cash redemption of vouchers is excluded.

2.3. Before redemption, the hotel checks whether the respective voucher code has been released by the system and whether the voucher has been paid for. The hotel is not obliged to accept vouchers as a means of payment that have not been paid for in advance. If the consumption is lower than the value of the voucher, you will receive a further credit from the hotel. There is no entitlement to a cash payment of the outstanding voucher value.

2.4. The services listed in the voucher can only be provided and guaranteed during regular opening hours, insofar as hotel vouchers are concerned.

3. Payment

3.1. The vouchers and products are purchased online and paid for by credit card, PayPal or instant bank transfer (Sofort). The hotel issuing the voucher reserves the right to exclude and/or add individual payment methods in individual cases.

3.2. The vouchers are sent free of charge by e-mail and can be printed out by the customer, or the vouchers and products are sent to the customer against payment of the stated shipping costs. In the event of late or incomplete payment, the hotel is entitled to withhold the services documented in the voucher, as well as the products, until payment has been made in full.

4. Validity Period

The vouchers are valid for three years, beginning on the date of issue on which they were purchased. The value of the vouchers can be used during this validity period.

5. Transferability / Commercial Resale

5.1. The vouchers are not tied to a specific person and are transferable to other persons.

5.2. The commercial resale of the vouchers is prohibited as a matter of principle.

6. Withdrawal / Cancellation

6.1. When purchasing vouchers and products via the Sonnenhotels & Resorts website, the customer has a statutory right of withdrawal. The withdrawal policy and the model withdrawal form can be found under the menu item Withdrawal.

6.2. If the customer or the person redeeming the voucher is unable to redeem it for reasons for which the hotel is not responsible, it is incumbent on the customer or the redeeming person to use the voucher in another way (e.g. by passing it on to another person). A cancellation of the voucher purchase is not possible after expiry or lapse of the statutory withdrawal period without a statutory ground for cancellation.

6.3. The seller is the operating company printed on the invoice.

1. Data Protection

1.1. The personal data provided by the customer to the hotel or in the online shop is processed and used electronically insofar as this is necessary for the performance of the contract. Our data protection policy can be found on our website at: https://www.sonnenhotels.de/datenschutz/

1.2. All sensitive data such as credit card numbers, bank sort codes, account numbers, names and addresses when paying by credit card are transmitted via certified payment providers over their protected SSL connection in compliance with PCI guidelines. This ensures that no unauthorised person can read the data entered by the customer during transmission over the internet. The data is processed by automated means. Customer data is not passed on to third parties.

1.3. The customer may revoke this consent at any time, provided that the performance of the contract is not thereby impaired or rendered impossible.

2. General Provisions

2.1. Amendments or additions to the contract, the acceptance of the offer, the purchase contract or these General Terms and Conditions for accommodation and the purchase of vouchers and products must be made in writing. Unilateral amendments and/or additions are invalid.

2.2. The place of performance is the location of the hotel or of Sonnenhotels GmbH.

2.3. German law applies to the contractual relationship between the customer and the hotel or Sonnenhotels GmbH, unless Austrian law takes precedence. The application of the UN Convention on Contracts for the International Sale of Goods and of conflict-of-law rules is excluded.

2.4. The customer may only bring legal action against the hotel or Sonnenhotels GmbH at their registered office. For legal actions brought by the hotel or Sonnenhotels GmbH against the customer, the customer's place of residence is decisive. For legal actions against customers who are merchants, legal entities under public or private law, or persons whose place of residence or habitual abode is abroad, or whose place of residence or habitual abode is unknown at the time the action is filed, the agreed place of jurisdiction is the location of the hotel or of Sonnenhotels GmbH.

2.5. Alternative dispute resolution. The EU Commission's platform for out-of-court online dispute resolution (the so-called ODR platform) for contracts concluded online can be found at https://ec.europa.eu/consumers/odr. The hotel and Sonnenhotels GmbH do not participate in dispute resolution proceedings before a consumer arbitration board.

2.6. Should individual provisions of these General Terms and Conditions for the hotel accommodation contract and/or the online shop be or become invalid or void, this shall not affect the validity of the remaining provisions.