Pension Sonnenschein

Legal Notice

According to § 5 TMG:
Franziska Winkler
Alte Stollberger Straße 2
09387 Jahnsdorf / Germany
Phone: +49 3721 22360


Scope of application
1.1. These terms and conditions apply to contracts for the rental of guest rooms for accommodation and other guest house services.
1.2. The subletting or renting of the provided rooms and their use for purposes other than accommodation requires the prior written consent of the Lodging House.
1.3. The General Terms and Conditions of the Customer shall apply only if expressly agreed upon in writing.

Conclusion of Contract, Partner, Limitation Period
2.1. The guesthouse is free to confirm the room reservation in written form.
2.2. The parties to the contract are the guesthouse and the customer. If a third party has ordered for the customer, he is liable to the guesthouse together with the customer as a joint debtor.
2.3. All claims against the guesthouse become statute-barred one year after the beginning of the statutory limitation period. Claims for damages shall lapse after five years. The shortened limitation period shall not apply to claims based on intentional or grossly negligent breach of duty on the part of the hotel.

Services, Prices, Payment, Offsetting
3.1. The hotel is obligated to keep the rooms booked by the customer available and to provide the agreed services.
3.2. The Customer is obliged to pay the applicable prices of the Hotel for the room rental and other services used by the Customer. This also applies to services and expenses of the guesthouse for third parties arranged by the customer. The agreed prices include the applicable VAT.
3.3. The Lodging House may make its consent to a subsequent reduction in the number of reserved rooms, the services of the Lodging House, or the length of the Customer's stay requested by the Customer dependent on an increase in the price of the rooms and/or other services of the Lodging House.
3.4. The invoices of the Lodging House shall be paid without any deductions within the period specified on the invoice from the date of the invoice. In case of late payment, the guesthouse is entitled to charge a lump sum (late payment surcharge, handling fee).
3.5. The guesthouse has the right to ask the customer for an advance payment or a deposit at the conclusion of the contract.
3.6. In justified cases, e.g. the customer is in arrears with payments, the guesthouse is entitled to refuse further services.
3.7. The customer can only offset or set off an undisputed or legally established claim against a claim of the pension.

Withdrawal of the Customer (Cancellation, Rescission)
4.1. Withdrawal of the customer from the contract concluded with the guesthouse requires the written consent of the guesthouse. If this is not the case, the agreed price from the contract must be paid even if the customer does not use the contractual services.
4.2. If the guesthouse and the customer have agreed in writing on a date for free withdrawal from the contract, the customer can withdraw from the contract until that date without the guesthouse being entitled to any payment or compensation. The customer's right to withdraw from the contract expires if he does not exercise his right to withdraw from the contract in writing by the agreed date.
4.3. If the rooms are not used by the customer, the guesthouse has to compensate the income from renting these rooms elsewhere. If the rooms are not rented to another person, the guesthouse can charge 100% of the contractually agreed remuneration.
4.4. The right to withdraw from the contract concluded with the hotel expires two weeks before the contractually agreed date of arrival. Note: According to Directive 2011/83/EU of the European Parliament, Article 16, the 14-day right of withdrawal does not apply to accommodation bookings. The cancellation conditions of the guesthouse apply.

Cancellation of accommodation
5.1. If it has been agreed in writing that the customer can withdraw from the contract free of charge within a certain period of time, the guesthouse is also entitled to withdraw from the contract during this period of time (e.g. failure to make the contractually agreed advance payment).
5.2. If the guesthouse rightfully withdraws from the contract, the customer is not entitled to any compensation.

Room preparation, handover and return
6.1. The Customer does not acquire any right to the provision of specific rooms, unless this has been expressly agreed in writing.
6.2. Booked rooms are available to the customer from 16:00 on the agreed day of arrival. The customer has no right to earlier availability.
6.3. The guest house rooms must be vacated by 10:00 a.m. on the agreed departure date. After that time, the guesthouse is entitled to charge 50% of the total accommodation price (list price) for the use of the room beyond the contract period until 14:00, and 100% of the total accommodation price thereafter.

Pension liability
7.1. The Pension is liable for its contractual obligations. Claims for damages by the customer are excluded. Excluded from this are damages resulting from injury to life, body or health if the guesthouse is responsible for the breach of duty, other damages that are based on an intentional or grossly negligent breach of duty by the guesthouse, and damages that are based on an intentional or negligent breach of contractual obligations by the guesthouse. In case of disturbances or deficiencies in the services provided by the guesthouse, the guesthouse will do its best to remedy the situation as soon as it becomes aware of it or the customer complains about it. The guest is obliged to do what is reasonable for him to eliminate the disturbance and to minimize the possible damage.
7.2. The guesthouse is liable to the customer for items brought in according to the legal regulations. After that, the liability is limited to ten times the price of the room, with a maximum of €1,000, and no liability is accepted for money, securities and valuables.
7.3. If the customer is provided with a parking space in the parking lot of the guesthouse, even for a fee, this does not constitute a storage contract. The guesthouse is not liable for the loss of or damage to motor vehicles, trailers, motorcycles or caravans parked or maneuvered on the premises and their contents, except in cases of intent or gross negligence.

Final provisions
8.1. Amendments and additions to the contract or these general terms and conditions must be made in writing. Unilateral amendments or additions by the customer are invalid.
8.2. The place of fulfillment and payment is the location of the guesthouse.
8.3. German law applies. The application of the UN Convention on Contracts for the International Sale of Goods and the conflict of laws or similar is excluded.
8.4. Should individual provisions of these General Terms and Conditions be or become ineffective or void, this shall not affect the effectiveness of the remaining provisions. In addition, the statutory provisions shall apply.


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