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.

12.1 Es steht dem Betreiber frei, eine Kaution für die gemietete Ferienwohnung zu verlangen. Die Kaution muss zusammen mit dem Rechnungsbetrag vor dem Check In überwiesen werden.

Die Kaution wird nach Abnahme der Wohnung vollständig wieder zurück überwiesen, sollten keine Beanstandungen vorliegen. Andernfalls behält es sich der Betreiber vor, diese bei unverhältnismäßiger Verschmutzung der Wohnung oder Beschädigungen der Wohnung, einzubehalten.

13.1 Permission to use Internet access via WLAN The Lessor maintains Internet access via WLAN in his holiday home. It allows the tenant to use the WLAN access to the Internet for the duration of his stay in the holiday home. The lessee does not have the right to allow third parties to use the WLAN. The Lessor does not guarantee the actual availability, suitability or reliability of Internet access for any purpose. He is entitled at any time to allow other co-users to operate the WLAN in whole, in part or temporarily and to restrict or exclude the Lessee’s access in whole, in part or temporarily if the connection is or was misused in law, insofar as the Lessor therefore has to fear a claim and cannot prevent this with normal and reasonable effort within a reasonable period of time. In particular, the Lessor reserves the right to block access to certain pages or services via the WLAN at its reasonable discretion and at any time (e.g. pages glorifying violence, pornographic pages or pages liable to pay costs).

13.2 Access data Use is via access guarding. The access data (login and password) may not be passed on to third parties under any circumstances. If the lessee wishes to grant third parties access to the Internet via the WLAN, this shall depend on the prior written consent of the lessor and the acceptance by the third party of the provisions of this user agreement documented by means of signature and complete indication of identity. The tenant undertakes to keep his access data secret. The landlord has the right to change access codes at any time.

13.3 Risks of WLAN use, limitation of liability The Hirer is advised that WLAN only allows access to the Internet, virus protection and firewall are not available. The data traffic generated using the WLAN is not encrypted. The data may therefore be viewed by third parties. The Lessor expressly points out that there is a risk that malware (e.g. viruses, Trojans, worms, etc.) may reach the end device when using the WLAN. The use of the WLAN is at the lessee’s own risk. The Lessor accepts no liability for damage to the Lessee’s digital media resulting from the use of Internet access, unless the damage was caused intentionally or grossly negligently by the Lessor and/or his vicarious agents.

13.4 Responsibility and indemnification of claims The lessee is responsible for the data transmitted via the WLAN, the services charged for and the legal transactions carried out. If the tenant visits chargeable websites or enters into liabilities, the resulting costs are to be borne by him. He is obliged to comply with the applicable law when using the WLAN. He will in particular:

not to use the WLAN for retrieval or distribution of immoral or illegal content;
not duplicate, distribute or make available any copyrighted goods; this applies in particular in connection with the use of file-sharing programs;
– not send or disseminate any harassing, defamatory or threatening content;
do not use the WLAN to send mass messages (spam) and/or other forms of inadmissible advertising. The tenant releases the landlord of the holiday object from all damages and claims of third parties which are based on an illegal use of the WLAN by the tenant and/or on an offence against the present agreement, this also extends to costs and expenditures connected with the claim and/or their defense. If the lessee recognises or must recognise that such an infringement of rights and/or such an infringement exists or threatens to exist, he shall draw the lessor of the holiday property’s attention to this circumstance.