2.1 Upon a booking request of the Guest, the contract (Accommodation Agreement) is concluded with the corresponding booking confirmation of the Operator. The operator is free to confirm the booking in text form.

2.2 The contracting parties are the operator and the guest. If the booking was made by a third party for the guest, the customer is liable to the operator together with the guest as joint and several debtor for all obligations arising from the contract, provided that the operator has a corresponding declaration from the customer. Independent of this, every orderer is obliged to pass on to the guest all information relevant to booking, in particular these general terms and conditions of the operator.

2.3 Double rooms and apartments are provided for accommodation purposes. The subletting or subletting of the double room/apartment as well as their use for purposes other than accommodation require the prior consent of the operator.

3.1 The rental period for the double rooms and apartments of the Sunny Hotel Straubing is at least 1 day and at most 3 months.

3.2 The operator is obliged to have the double room/apartment booked by the guest on time ready in accordance with these general terms and conditions and the service description on the website (www.sunnyhotel.de). Unless otherwise expressly agreed in writing, the guest is not entitled to a specific double room or apartment within a room category.

3.3 The guest can book additional services with costs. The additional services and their description can be found on the website (www.sunnyhotel.de). For the agreement of additional services, the provisions in Section 2.1 shall apply accordingly.

4.1 The booked double room/apartment is available to the guest from 3:00 p.m. on the agreed day of arrival. The guest is not entitled to an earlier provision of his double room/apartment.

4.2 The registration (check-in) of the guest takes place on the agreed day of arrival via a terminal located in the entrance area of the Sunny Hotel Straubing, as does the checkout on the agreed day of departure. A service hotline is available to guests in emergencies.

4.3 On the agreed day of departure, the double room/apartment must be vacated and made available to the hotel by 11:00 a.m. In the event of late evacuation and return of the double room/apartment, the guest is obliged to pay the operator 50 % of the overnight price (list price) as usage fee for withholding the double room/apartment in excess of the contract. If the double room/apartment is withheld after 6 p.m. on the agreed day of departure, the guest is obliged to pay 90% of the overnight price as usage fee and, if the double room/apartment is used, the full overnight price to the operator. Contractual claims of the guest are not justified by this. The operator reserves the right to prove higher damages. In this case, the guest is free to prove that the operator did not suffer any damage or that the damage was considerably lower.

5.1 The guest is obliged to pay the agreed prices for the provision of the double room/apartment and the additional services booked by him/her prior to his/her stay. This also applies to services provided by the guest or the customer to third parties.
Subject to a deviating contractual agreement between the contracting parties, the prices (list prices) of the operator valid at the time of the conclusion of the contract or, in the case of a subsequent extension of the contract and a subsequent booking of additional services, the prices valid at the time of the respective extension of the contract or booking are agreed.

5.2 The list prices are published on the website under www.sunnyhotel.de The agreed prices include the statutory value-added tax applicable at the time the contract is concluded. In the event of a change in the statutory value-added tax on the agreed services after conclusion of the contract, the prices shall be adjusted accordingly; in the case of contracts with consumers, however, this shall only apply if the period between conclusion of the contract and the agreed date of arrival exceeds four months. Not included in the list prices are local taxes owed by the guest according to local law (e.g. visitor’s tax).

5.3 The operator is entitled to demand an appropriate advance payment or security for the total price for the stay from the guest at or after conclusion of the contract.

5.4 Fee-based additional services of the Sunny Hotel Straubing must be paid in advance or at check-in.

5.5 If the guest wishes to extend the contract, the operator is entitled to demand an advance payment up to the amount of the expected total price for the extension period upon or after agreement of the contract extension. The provisions in Section 2.1 shall apply mutatis mutandis to the agreement to extend the contract.

5.6 Invoices of the operator without due date are due for payment within two weeks from receipt of the invoice.

5.7 Acceptance and selection of credit cards are at the operator’s discretion in each individual case upon presentation of a credit card. This also applies if the operator indicates the basic acceptance of credit cards, for example on the website or by posting. Acceptance of credit cards and other means of payment shall otherwise only be on account of performance.

5.8 If the guest is in arrears with the fulfilment of a claim against the operator, the operator is entitled to make all claims against the guest, including deferred or credited claims, due immediately. In the event of default in payment, the operator is entitled to charge the applicable statutory default interest. The operator reserves the right to prove higher damages. A reminder fee of € 5.00 may be charged for each reminder after the occurrence of default.

5.9 The guest can only set off claims of the operator with undisputed or legally determined counterclaims or exercise a right of retention.

5.10 All claims of the guest against the operator become statute-barred one year after the beginning of the statutory limitation period. 199 para. 1 BGB applies to the beginning of the limitation period. The reduction of the limitation period does not apply to claims based on an intentional or grossly negligent breach of duty by the operator, a legal representative of the operator or an agent of the operator, as well as to damages resulting from injury to life, body or health if the operator is responsible for the breach of duty, and also to damages based on an intentional or negligent breach of typical contractual obligations of the operator of a legal representative of the operator or an agent of the operator. Contract-typical duties are such duties, the fulfilment of which is essential for the proper execution of the contract and on whose compliance the guest trusts and may rely.

6.1 The guest is entitled to withdraw free of charge from the contract concluded with the operator for his double room/apartment up to 48 hours before the agreed day of arrival at the latest. The timely receipt of the declaration of withdrawal by the operator (in writing, by e-mail to booking@sunnyhome24.de or at sunnyhotel.de) is decisive.

6.2 After expiry of the withdrawal period according to section 6.1, a withdrawal of the guest from the contract concluded with the operator, unless otherwise expressly agreed, requires the consent of the operator. If the operator does not agree to the cancellation of the guest, the guest is obliged to pay the agreed price even if the guest does not make use of the contractual services. This does not apply if, after consideration of mutual interests, the guest can no longer be expected to adhere to the contract or the guest has another legal or contractual right of withdrawal. If the guest is obliged to pay the agreed price and the guest does not use the double room/apartment, the operator shall credit the income from any other rental of the double room/apartment as well as the saved expenses against the price to be paid by the guest. If the double room/apartment is not rented elsewhere, the saved expenses of the operator will be charged at 10% of the agreed price, i.e. in this case the guest has to pay 90% of the agreed price. The guest is free to prove that the aforementioned claim did not arise or did not arise in the required amount.

6.3 Any advance payment and security provided by the Guest in accordance with sections 5.3 and 5.4 shall be refunded to the Guest within two weeks of receipt of the declaration of withdrawal. In the event of cancellation less than four weeks prior to the agreed date of arrival, however, this shall only apply if the advance payment or provision of security exceeds the guest’s payment obligation.

6.4 After a cancellation of the guest, the operator is entitled to rent the booked resource elsewhere.

7.1 As long as the guest is entitled to cancel the contract free of charge according to Section 6.1, the operator is entitled to withdraw from the contract if a request from other guests for the contractually booked double room/apartment has been received and the guest does not waive his right to withdraw free of charge upon the operator’s enquiry within a reasonable period of time.

7.2 If a guest fails to pay an agreed advance payment or the provision of security required in accordance with sections 5.3 or 5.4 even within a reasonable period of grace set by the operator, the operator is entitled to withdraw from the contract.

7.3 Furthermore, the operator is entitled to withdraw from the contract for good cause or to terminate the contract extraordinarily. This applies in particular if:

• force majeure or other circumstances beyond the control of the operator make the performance of the contract impossible;
• The double rooms/apartments are booked under misleading or false indication of essential facts, e.g. in the person of the guest;
• The operator has justified reason to assume that the use of the agreed services by the guest can endanger the smooth business operations, the safety or the reputation of the operator in public, without this being attributable to the operator’s sphere of control or organisation;
• a violation of section 2.3 (subletting or subletting of the double rooms/apartments or their use for purposes other than accommodation without the prior consent of the operator) or an overcrowding of the double room/apartment exists.

7.4 If the withdrawal or the extraordinary termination of the operator was justified, the guest has no claim for damages.

7.5 In the event of withdrawal or extraordinary termination by the Operator pursuant to sections 7.2 and 7.3, the Operator is entitled to demand payment of the agreed price from the Guest, provided the Guest is responsible for the reason for termination. The income from any other rental of the double room/apartment as well as the saved expenses shall in this case be set off against the price to be paid by the guest. If the double room/apartment is not rented elsewhere, the saved expenses of the operator will be charged at 10% of the agreed price, i.e. in this case the guest has to pay 90% of the agreed price. The guest is free to prove that the aforementioned claim did not arise or did not arise in the required amount.

8.1 The guest is obliged to treat the rented double room/apartment as well as the facilities and furnishings contained therein, and also the general areas and facilities of the operator with care and gentleness.

8.2 The guest is liable for all damages caused to the operator by himself, his guests or other persons for whom he is responsible. This applies in particular to damage to the double room/apartment and its furnishings and equipment, to the removal of furnishings and equipment, and to damage in the operator’s general areas.

8.3 In the event of non-observance of the fire protection guidelines, which are notified to the guest at check-in, the guest is liable for the costs arising from the triggering of a false alarm.

8.4 Washing machines and dryers are jointly available to all guests of the operator for a fee. The guest is obliged to treat the washing machines and dryers with care during use and to observe the rules for use as posted. The guest is liable for all damages resulting from improper use of the equipment. This applies in particular to damage to the equipment and related repair costs as well as consequential damage caused by penetrating water.

8.5 The locking system provides an access code or a key card. If a key card is lost, a fee of € 0.90 will be charged. For an unlocking service outside the housekeeping hours the guest bears the actual and proven costs, however at least an amount of € 200,00.

8.6 Should defects or faults occur in the services of the operator, the guest must give notice of this immediately after discovery so that the operator has the opportunity to remedy the defects or faults if necessary. If the guest culpably fails to report a defect to the operator, a claim for reduction of the agreed fee does not arise. The guest is obliged to contribute what is reasonable to him in order to remedy the disturbance and to keep the damage as low as possible.

9.1 The operator is liable with the care of a prudent businessman for his obligations under the contract. Claims of the guest for damages are excluded. This does not apply to:

• Damages resulting from injury to life, body or health if the operator is responsible for the breach of duty,
• other damages which are based on an intentional or grossly negligent breach of duty by the operator, and
• damages which are based on an intentional or negligent violation of typical contractual obligations of the operator.

Contract-typical duties are such duties, the fulfilment of which is essential for the proper execution of the contract and on the observance of which the guest can rely and rely. A breach of duty by the operator is equal to that of a legal representative or vicarious agent of the operator.

9.2 For items brought in, the operator is liable to the guest according to legal regulations for loss, destruction or damage up to one hundred times the room price for one night, but at least up to the amount of € 600.00 and at most up to the amount of € 3,500.00; for money, securities and valuables, the amount of € 800.00 replaces € 3,500.00. The liability claims expire immediately if the guest does not report the loss, destruction or damage of brought in items to the operator (§ 703 BGB). The above restrictions do not apply if the loss, destruction or damage is the fault of the operator or his people or if the goods are brought in, which the operator has taken over for safekeeping or which the operator has refused to take over contrary to § 702 para. 3 BGB. It is recommended to use the room safe. If the guest wishes to bring in money, securities and valuables with a total value of more than € 800.00 or other valuables with a total value of more than € 3,500.00, a separate storage agreement must be concluded with the operator. For a further liability of the operator, e.g. from hotel accommodation contract, clause 9.1 sentences 2 to 4 applies accordingly.

9.3 If the guest is provided with a parking space on the parking lot during his stay, no custody contract will be concluded. There is no monitoring obligation. In the event of the loss of or damage to motor vehicles parked or manoeuvred in the car park and their contents, the hotel shall only be liable in accordance with the above Clause 9.1 sentences 2 to 4.

10.1 All double rooms/apartments including terraces and balconies as well as the common areas of the operator are non-smoking areas. Smoking is prohibited throughout the hotel. For each case of violation, the guest is obliged to pay a lump-sum contractual penalty of € 250.00 to the operator. The operator reserves the right to claim higher cleaning and renovation costs; in this case the contractual penalty will be deducted from the costs incurred. In this case, the guest is free to prove that no or less damage has occurred. Furthermore, a violation constitutes a use contrary to the contract, which the operator can authorize for extraordinary termination of the contract.

10.2 Animals are not allowed in the hotel and all its double rooms/apartments including terraces and balconies. Animals may be brought along by the guest only exceptionally after previous agreement of the operator and against calculation of a surcharge. There is no right to the operator’s consent.

10.3 Lost or forgotten items will only be forwarded to the guest upon request and against reimbursement of the costs incurred. In addition, the operator will keep the items for a period of 6 months.

10.4 The Guest is aware that video surveillance can take place in the general areas of the Hotel. However, the guest has no claim to this.

11.1 Amendments or supplements to the contract or these terms and conditions shall be made in text form. Unilateral changes or additions by the guest are invalid.

11.2 Place of performance and payment as well as exclusive place of jurisdiction in commercial transactions is the registered office of the company: DE. Sunnyhome GmbH, Am Ahornhof 1, Schwandorf Company headquarters or Aiterhofen, Hunderdorf 4 (location of the hotel)

11.3 If a contracting party fulfils the requirements of § 38 para. 2 ZPO and has no general place of jurisdiction in Germany, the place of jurisdiction shall be the registered office of the company: Sunnyhome GmbH, Am Ahornhof 1, 92421 Schwandorf.

11.4 The law of the Federal Republic of Germany shall apply. The applicability of the UN Convention on Contracts for the International Sale of Goods and the conflict of laws is excluded.

11.5 Should individual provisions of these General Terms and Conditions 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.

2.1 The guest is obliged to observe the care required in traffic. Instructions from the operator’s personnel or property management concerning security or house rights must always be followed immediately. In all other respects, the provisions of the StVO shall apply accordingly.

2.2 Only officially registered passenger cars with liability insurance and roadworthy vehicles may be registered.

2.3 Vehicles may only be parked within the marked parking spaces. The operator is entitled to have vehicles parked incorrectly implemented by suitable measures at the guest’s expense. For this the operator can charge a lump sum; the guest can prove in this case that the costs did not arise or are substantially lower than the lump sum. If the guest uses more than one parking space with his vehicle, the operator is also entitled to charge a fee for the actual number of parking spaces used in accordance with a price list.

2.4 Every guest is advised to always carefully lock his vehicle after leaving it and not to leave any valuables behind.

3.1 Driving in the car park is only allowed at walking speed (max. 6 km/h). In all other respects, the Road Traffic Regulations (StVO) apply.

3.2 The following are not permitted in the car park:

• the use of fire;
• the storage of operating materials and inflammable objects; this also applies to emptied operating material containers;
• the loose storage of used cleaning wool and rags;
• the unnecessary running and testing of the engines;
• the adjustment of vehicles with leaking tanks or fuel supply systems;
• work on the vehicle, of any kind, including refuelling;
• honking and other annoyance caused by avoidable noises;
• Misuse of the parking lot by cyclists, skaters, boarders or similar;
• the registration of motor vehicles with seasonal registration plates outside the validity of these registration plates.

4.1 The operator assumes no custody or other duties of care for the vehicles and other objects brought into the parking lot by the guest; in particular, the operator assumes no guarding and no custody. The operator excludes any liability for damages caused by other guests or other third parties. This applies in particular to damage, destruction or theft of adjusted vehicles or movable/installed objects from the vehicles or objects attached to the vehicles. The guest is aware that the parking lot is available to all guests of the Sunny Hotel Straubing and is open to the public. The use of the parking lot is at your own risk.

4.2 The Operator’s liability is otherwise governed by Clause 9.1 sentences 2 to 4 of the Operator’s General Terms and Conditions (“GTC”).

4.3 The guest is obliged to notify the operator immediately of any damage to his vehicle.

5.1 The guest is liable for all damages culpably caused by himself, his visitors or other persons for whom he is responsible to the operator or to third parties. He is obliged to notify the operator immediately and before leaving the car park of any damage for which he is responsible.

5.2 Furthermore, the guest is liable for culpably caused contamination or damage to the parking garage and the rented parking space.

6.1 The operator is entitled to a right of retention as well as a legal lien on the guest’s vehicle due to his claims from the contract concluded with the guest.

6.2 After expiry of the agreed rental period, the operator is entitled to have the vehicle removed from the car park at the guest’s expense, provided that the guest and/or vehicle owner has been notified in writing, setting a deadline of at least two weeks, and has remained unsuccessful. Until the vehicle is removed, the operator is entitled to a fee in accordance with the price list.

6.3 The operator is also entitled to remove and/or dispose of vehicles without official approval, provided this was previously threatened to the guest/vehicle owner and he has not complied with the request to remove the vehicle within a reasonable period of time set by the operator. Such a threat and request is not necessary if the guest/vehicle owner could not be determined even after taking reasonable measures. The guest/vehicle owner is entitled to any proceeds from the sale less any costs incurred and less any charges incurred up to the time of removal of the vehicle in accordance with the price list.

6.4 The operator is entitled to remove the guest’s vehicle from the parking area even in case of imminent danger.

7.1 The general terms and conditions (“GTC”) of the operator apply. These are published on the website at www.sunnyhotel.de.