General Terms and Conditions

for bookings at the Hotel am Sonnenlandpark Lichtenau

Erlebnis- und Freizeitpark Lichtenau GmbH & Co. KG
Zum Sonnenlandpark 1-3 * 09244 Lichtenau
Registration number: HRA 5063, HRB 21030

Scope of application

• These terms and conditions apply to contracts regarding the lease of hotel rooms for accommodation, as well as all other services and deliveries provided by the hotel to the customer.
• 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.
• The customer's terms and conditions only apply if they have been agreed upon in advance.

Conclusion of contract, partners, liability, limitation period

• The contract is concluded by the hotel accepting the customer's application. The hotel is free to confirm the room booking in writing.
• Contractual partners are the hotel and the customer. If a third party has booked for the customer, they are jointly liable with the customer to the hotel for all obligations arising from the hotel accommodation contract, provided the hotel has a corresponding declaration from the third party.
• The hotel is liable for its obligations under the contract. In non-typical performance areas, liability is limited to intent and gross negligence of the hotel.
• The limitation period for all customer claims is 6 months.
• This limitation of liability and short limitation period also apply in favor of the hotel in cases of breach of obligations during contract negotiations and positive breach of contract.

Services, prices, payment, offsetting

• The hotel is obliged to hold the rooms booked by the customer (without guarantee for specific rooms) and to provide the agreed services.
• The customer is obliged to pay the applicable or agreed prices of the hotel for the room rental and the additional services used. This also applies to services and expenses incurred by the hotel to third parties at the customer's request.
• The agreed prices include the respective statutory VAT. If the period between conclusion of the contract and fulfillment exceeds 4 months and the general price charged by the hotel for such services increases, the hotel may raise the contractually agreed price appropriately, but by no more than 10%.
• Prices can also be changed by the hotel if the customer requests subsequent changes to the number of booked rooms, the hotel's services, or the duration of the guests' stay and the hotel agrees.
• Hotel invoices without due date are payable within 10 days of receipt without deduction. The hotel is entitled to declare accumulated claims due at any time and to demand immediate payment. In case of default, the hotel is entitled to charge interest of 4% above the respective discount rate of the Deutsche Bundesbank. The customer may prove a lower damage, the hotel a higher damage.
• The hotel is entitled to request a reasonable advance payment or security deposit at the time of contract conclusion or afterwards, taking into account the legal provisions for package tours. The amount and payment dates of the advance payment can be agreed in writing in the contract.
• The customer can only offset or reduce with undisputed or legally binding claims against claims of the hotel.

Cancellation by the customer (order cancellation, withdrawal)

• A withdrawal by the customer from the contract concluded with the hotel requires the hotel's written consent. If this is not given, the agreed price from the contract must be paid even if the customer does not use contractual services. This does not apply in all cases of the hotel's default performance or impossibility of performance for which it is responsible.
• 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 until then without triggering payment or compensation claims by the hotel. The customer's right of withdrawal expires if it is not exercised in writing by the agreed date, unless there is a case of the hotel's default or impossibility of performance for which it is responsible.
• The hotel is free to lump sum the damage it incurs and the customer must pay 80% of the contractually agreed price for overnight stays with or without catering.
• The right to withdraw from the contract with the hotel expires two weeks before the contractually agreed arrival day. NOTE: According to Directive 2011/83/EU of the European Parliament, Article 16, the 14-day withdrawal right does not apply to hotel bookings. The hotel's cancellation conditions apply.

Cancellation by the hotel

• If a customer's right of withdrawal has been agreed within a certain period in writing, the hotel is also entitled to withdraw from the contract during this period if inquiries from other customers for the contractually booked rooms exist and the customer does not waive the right of withdrawal upon the hotel's request.
• If an agreed advance payment is not made even after a reasonable grace period set by the hotel with a refusal threat, the hotel is also entitled to withdraw from the contract.
• Furthermore, the hotel is entitled to withdraw extraordinarily from the contract for a justified reason, for example if
  • force majeure or other circumstances not caused by the hotel make the fulfillment of the contract impossible;
  • rooms are booked with misleading or false information about essential facts, e.g., concerning the customer or the purpose;
  • the hotel has justified reasons to believe that the use of hotel services could endanger the smooth business operations, safety, or reputation of the hotel in public, without this being attributable to the hotel's control or organizational area;
  • a violation against the scope paragraph 2 above occurs.
• The hotel must inform the customer immediately about exercising the right of withdrawal.
• In case of a justified cancellation by the hotel, the customer has no claim for damages.

Room availability, handover and return

• The customer acquires no right to the provision of specific rooms.
• Booked rooms are available to the customer from 3:00 p.m. on the agreed arrival day. The customer has no claim to earlier availability.
• On the agreed departure day, rooms must be vacated and made available to the hotel by 10:00 a.m. at the latest. After that, the hotel may charge for additional use of the room up to 2:00 p.m. 50% of the full lodging price (list price), and from 6:00 p.m. 100%. The customer is free to prove that no or significantly less damage was incurred by the hotel.

Terms of use

1. Only the persons specified in the accommodation contract are entitled to use the room.
2. The guest must treat the room gently and carefully.
3. The guest must respect the other residents in the building and observe the house rules, which are part of the accommodation contract.
4. Children under 14 years old must be supervised at all times by an adult guest during their stay in the room or the building.
5. Guests are strongly advised not to leave cash, jewelry, valuables, or other valuable items unattended in the room or in the parked vehicle in front of the building. If the guest does so, the hotel assumes no liability if cash, jewelry, valuables, or other valuable items are stolen or otherwise lost.

Claims due to defects

• Warranty for hotel services is governed by statutory provisions unless otherwise agreed below.
• The guest is obliged to inspect the room immediately after arrival. The guest must report visible defects to the hotel immediately and other defects immediately after discovery, orally, and have this confirmed in writing. The guest may initially only demand subsequent performance from the hotel. The hotel may choose to remedy the defect or provide another room of at least equivalent category. If subsequent performance fails, statutory provisions apply. There is no right to subsequent performance for insignificant defects.
• The guest is only entitled to withdraw from the accommodation contract due to breach of a duty if the hotel is responsible for the breach.

Liability of the hotel

• The hotel is liable with the care of a prudent businessman. However, this liability is limited in non-typical performance areas to defects, damages, consequential damages or disruptions caused by intent or gross negligence of the hotel. If disruptions or defects occur, the hotel will strive to remedy them upon knowledge or immediate complaint by the guest. The guest is obliged to contribute reasonably to resolving the disruption and minimizing possible damage.
• The hotel is liable for items brought in by the customer according to statutory provisions, up to 100 times the room price, max EUR 3,500, and for money and valuables up to EUR 800. Money and valuables can be stored in the hotel or room safe for up to EUR 3,500 (insurance sum). The hotel recommends using this option. Liability claims expire if the customer does not immediately notify the hotel upon learning of loss, destruction, or damage (§ 703 BGB).
• Unlimited liability of the hotel is subject to statutory provisions.
• If a parking space in the hotel garage or on a hotel parking lot is provided even for a fee, no custody contract arises. The hotel is not liable for loss or damage to vehicles or their contents on the hotel premises except in cases of intent or gross negligence. This applies also to the hotel's vicarious agents.
• Alarm calls are executed with the utmost care. Claims for damages except in cases of gross negligence or intent are excluded.
• Messages, mail, and shipments for guests are handled with care. The hotel arranges delivery, storage, and - upon request and for a fee - forwarding. Claims for damages except for gross negligence or intent are excluded.

Final provisions

• Changes or additions to the contract, application acceptance, or these terms for hotel accommodation must be in writing. Unilateral changes or additions by the customer are invalid.
• Place of fulfillment and payment is the hotel's registered office.
• Exclusive place of jurisdiction - also for check and bill of exchange disputes - in commercial traffic is the hotel’s registered office. If a contractual partner meets the requirements of § 38 paragraph 1 ZPO and has no general place of jurisdiction in Germany, the hotel’s registered office is the place of jurisdiction.
• German law applies.
• If individual provisions of these general terms and conditions for hotel accommodation are invalid or void, this does not affect the validity of the remaining provisions. Otherwise, statutory provisions apply.