General Terms and Conditions

§ 1 Scope of Application

1.1 These Terms and Conditions apply to contracts for the rental of hotel rooms for accommodation and to all other services and supplies provided by the Hotel to the Customer in this connection (hotel accommodation contract). They do not apply to package travel within the meaning of Section 651a of the German Civil Code (BGB). The term “hotel accommodation contract” includes and replaces the terms accommodation contract, guest accommodation contract, hotel contract and hotel room contract.

1.2 Subletting or otherwise letting the rooms provided, and using them for purposes other than accommodation, require the Hotel’s prior consent in text form. The right of termination under Section 540(1), sentence 2 BGB is excluded.

1.3 The Customer’s general terms and conditions apply only if expressly agreed in text form.

1.4 These Terms and Conditions relate to all types of contracts concluded with the Hotel, including accommodation, hotel accommodation, package travel, allotment and event contracts. They also apply to all future business with the Contracting Party.

1.5 The Contracting Party’s general terms and conditions do not apply, even if the Hotel does not expressly object to them. The Hotel hereby objects to any confirmation by the Contracting Party that refers to its own general terms and conditions.

§ 2 Definitions

“Accommodation Provider/Hotel” means a natural or legal person that provides accommodation to guests for a fee.

“Guest” means a natural person who uses accommodation services. As a rule, the Guest is also the Contracting Party. Persons travelling with the Contracting Party, such as family members or friends, are also considered Guests.

“Contracting Party” means a natural or legal person, based in Germany or abroad, who concludes an accommodation contract as a Guest or on behalf of a Guest.

“Accommodation Contract” means the contract concluded between the Hotel and the Contracting Party, the terms of which are set out below.

§ 3 Conclusion of the Contract and Contracting Parties

The contracting parties are the Hotel and the Customer. The contract is concluded when the Hotel accepts the Customer’s application. For bookings made through the Hotel’s own website, the contract is concluded by clicking the button “Book your offer now for €X”.

§ 4 Conclusion of the Contract and Deposit

4.1 As a rule, the contract is concluded following a verbal or written application by the Contracting Party and its acceptance by the Hotel. The Hotel may accept the application in writing, in text form (email or fax), or by conduct, through the provision of services.

4.2 The listings on the Hotel’s website do not constitute binding offers or orders; they are merely invitations to make an offer. All offers made by the Hotel, particularly by email or post, are non-binding and subject to change.

4.3 Equipment, size and orientation may vary. Photographs, images, virtual tours and sketches are illustrative; individual rooms may differ.

4.4 The Hotel may make conclusion of the Accommodation Contract conditional on the Contracting Party paying a deposit. In this case, the Hotel must inform the Contracting Party of the required deposit before accepting the Contracting Party’s written or verbal booking request. If the Contracting Party agrees to the deposit, whether in writing or verbally, the Accommodation Contract is concluded when the Hotel receives the Contracting Party’s declaration of agreement to pay it.

4.5 The deposit constitutes part payment of the agreed price.

§ 5 Services, Prices, Payment and Set-off

5.1 The Hotel is obliged to make the rooms booked by the Customer available and to provide the agreed services.

5.2 The Hotel may make its consent to a subsequent reduction requested by the Customer in the number of booked rooms, the Hotel’s services or the length of the Customer’s stay conditional on an increase in the price of the rooms and/or other Hotel services.

5.3 The Customer is obliged to pay the Hotel’s agreed or applicable prices for the rooms and any additional services used. This also applies to services commissioned by the Customer, directly or through the Hotel, that are provided by third parties and paid for in advance by the Hotel.

5.4 The agreed prices include the taxes and local charges applicable when the contract is concluded. They do not include local charges owed personally by the Guest under the relevant municipal law, such as visitor’s tax.

5.5 If statutory VAT is increased, or local charges relating to the service are introduced, changed or abolished after the contract is concluded, the prices will be adjusted accordingly. For contracts with consumers, this applies only if more than four months pass between conclusion and performance of the contract.

5.6 If payment by invoice has been agreed, payment must be made without deduction within ten days of receipt of the invoice, unless otherwise agreed.

5.7 When the contract is concluded, the Hotel may require the Customer to make a reasonable advance payment or provide security, for example in the form of a credit card guarantee. The amount and payment dates may be agreed in the contract in text form. The statutory provisions apply if the Customer defaults on payment.

5.8 In justified cases, such as payment arrears or an increase in the scope of the contract, the Hotel may also require an advance payment or security under clause 5.7 after the contract has been concluded and before the start of the stay. The Hotel may also increase an agreed advance payment or security up to the full amount of the agreed remuneration.

5.9 At the start of and during the stay, the Hotel may also require the Customer to make a reasonable advance payment or provide security under clause 5.8 for existing and future claims arising from the contract, unless this has already been provided under clause 5.7 and/or 5.8.

5.10 The Customer may set off or offset a claim against a claim of the Hotel only if the Customer’s claim is undisputed or has been finally established by a court.

5.11 The Customer agrees that invoices may be sent electronically.

§ 6 Smoking Ban

Smoking is prohibited throughout the Hotel, including in rooms, corridors and stairwells. The Guest occupying a room is responsible for ensuring that third parties also comply with this prohibition. In the event of a breach, the Hotel is entitled to claim €250 in damages for additional cleaning and renovation costs, plus any loss of revenue resulting from the room being unavailable for rental. If the fire alarm is triggered, the Hotel may also charge the resulting costs, such as fire brigade call-out costs or subsequent costs of restoring the room. We reserve the right to charge the amount to the credit card on file.

§ 7 Start and End of the Stay

7.1 Booked rooms are available to the Contracting Party from 4:00 p.m. on the day of arrival. Unless otherwise agreed, the Hotel may allocate booked rooms to other guests after 6:00 p.m. if no payment guarantee, such as a credit card or advance payment, has been provided. The Contracting Party shall have no rights or claims arising from such reallocation.

7.2 Early check-in and late check-out may be booked for an additional charge, subject to availability.

7.3 The Contracting Party must vacate the rented rooms by 10:00 a.m. at the latest on the day of departure. In addition to any resulting damage, the Hotel may charge 50% of the daily rate for use of the room until 4:00 p.m. and 100% of the daily rate from 4:00 p.m. onwards.

7.4 Rooms are provided solely for accommodation purposes. Bringing food and beverages onto the premises is generally prohibited. Exceptions are possible only by agreement with the Hotel and subject to payment of the Hotel’s customary service or corkage charges.

7.5 The Contracting Party is liable to the Hotel for all damage caused by the Contracting Party or third parties.

§ 8 Cancellation or Termination by the Customer; Failure to Use Hotel Services (“No-show”)

8.1 The Customer may withdraw unilaterally from the contract concluded with the Hotel only if a right of cancellation was expressly agreed in the contract or a statutory right of cancellation or termination exists.

8.2 If the Hotel and the Customer have agreed on a deadline for cancellation free of charge, the Customer may cancel by that deadline without triggering any payment or damages claims by the Hotel. The Customer’s right to cancel expires if it is not exercised in writing vis-à-vis the Hotel by the agreed deadline.

8.3 If no right of cancellation was agreed, or that right has expired, and no statutory right of cancellation or termination exists, the Hotel retains its claim to the agreed remuneration even if the services are not used. The Hotel must credit income from letting the rooms to other guests and expenses saved. If the rooms are not let to other guests, the Hotel may calculate the deduction for saved expenses as a flat rate. In this case, the Customer must pay 90% of the contractually agreed price for accommodation with or without breakfast and for package arrangements involving third-party services, 70% for half-board arrangements and 60% for full-board arrangements. The Customer is free to prove that the stated claim did not arise or did not arise in the amount claimed.

8.4 The Hotel reserves the right to charge an administration fee of up to €49.00 for changes to existing reservations. The precise amount depends on the scope of the change and the work involved. The Customer is free to prove that the work involved was less extensive and that the fee did not arise or did not arise in the amount claimed.

§ 9 Cancellation by the Hotel

9.1 If the Customer has been granted the right to cancel free of charge within a specified period, the Hotel may also cancel the contract during that period if other customers enquire about the rooms booked under the contract and the Customer does not waive the right to cancel when asked by the Hotel within a reasonable deadline. The same applies where an option has been granted, other enquiries have been received and the Customer is unwilling to make a firm booking when asked by the Hotel within a reasonable deadline.

9.2 The Hotel may also cancel the contract if an advance payment or security agreed or required under clause 5.7 and/or 5.8 is not provided even after a reasonable additional deadline set by the Hotel has expired.

9.3 The Hotel may also terminate the contract for an objectively justified reason, particularly if:

• force majeure or other circumstances beyond the Hotel’s control make performance of the contract impossible;
• rooms or other spaces are booked through culpably misleading or false statements, or by concealing material facts. Material facts may include the Customer’s identity, ability to pay or purpose of the stay;
• the Hotel has reasonable grounds to believe that use of its services may endanger its smooth operation, security or public reputation, provided this is not attributable to the Hotel’s sphere of control or organisation;
• the purpose or occasion of the stay is unlawful; or
• clause 1.2 has been breached.

9.4 A justified cancellation by the Hotel does not give rise to a claim for damages by the Customer. If the Hotel has a claim for damages against the Customer following cancellation under clause 9.2 or 9.3, the Hotel may calculate that claim as a flat rate. Clause 8.3 applies accordingly.

§ 10 Provision, Handover and Return of Rooms

10.1 The Customer is not entitled to a particular room unless this has been expressly agreed in text form.

10.2 Booked rooms are available to the Customer from 4:00 p.m. on the agreed day of arrival. The Customer is not entitled to earlier availability.

10.3 On the agreed day of departure, the rooms must be vacated and made available to the Hotel by 10:00 a.m. at the latest. If the room is vacated late, the Hotel may charge 50% of the full accommodation price (the price according to the price list) for use beyond the contractual period until 4:00 p.m. This does not establish any contractual rights for the Customer. The Customer is free to prove that the Hotel has no claim, or a substantially lower claim, for payment for such use.

§ 11 Liability of the Hotel

11.1 The Hotel is liable for damage attributable to it arising from injury to life, limb or health. It is also liable for other damage caused by an intentional or grossly negligent breach of duty by the Hotel, or by an intentional or negligent breach of duties essential to the contract. Essential contractual duties are those that make proper performance of the contract possible and on whose fulfilment the Customer relies and may reasonably rely. A breach of duty by the Hotel’s legal representative or agent is treated in the same way as a breach by the Hotel. Further claims for damages are excluded unless otherwise provided in this clause 11. If disruptions or defects occur in the Hotel’s services, the Hotel will endeavour to remedy them when it becomes aware of them or upon prompt notification by the Customer. The Customer must take reasonable steps to help remedy the disruption and minimise any potential damage.

11.2 The Hotel is liable for items brought onto the premises in accordance with statutory provisions. The Hotel recommends using the Hotel safe or in-room safe. If the Customer wishes to bring in money, securities or valuables worth more than €800, or other items worth more than €3,500, a separate safekeeping agreement with the Hotel is required.

11.3 The provision of a parking space in the Hotel garage or car park, even for a fee, does not constitute a safekeeping agreement. If vehicles parked or moved on Hotel property, or their contents, are lost or damaged, the Hotel is liable only in accordance with sentences 1 to 4 of clause 11.1.

11.4 The Hotel carries out wake-up calls with the utmost care. Messages for Customers are handled carefully. By prior agreement with the Customer, the Hotel may accept and store post and parcels and, on request, forward them for a fee. In this respect, the Hotel is liable only in accordance with sentences 1 to 4 of clause 11.1.

§ 12 Alternative Accommodation

12.1 The Contracting Party is not entitled to use particular rooms. If rooms are unavailable at the Hotel, the Hotel will inform the Contracting Party without delay and offer equivalent accommodation in a nearby hotel of comparable quality. If the Contracting Party declines the alternative, the Hotel will promptly refund any payments made by the Contracting Party.

12.2 The Hotel may provide the Contracting Party or Guests with suitable alternative accommodation of the same quality if this is reasonable for the Contracting Party, particularly where the difference is minor and objectively justified.

12.3 Objective justification exists, for example, if a room has become unusable, guests already staying at the Hotel extend their stay, an overbooking has occurred or other important operational measures require the change.

12.4 The Hotel bears any additional costs of the alternative accommodation.

§ 13 Pets (Dogs Only)

13.1 Dogs may be brought into the Hotel only with the Hotel’s prior consent. The daily charge is stated in the booking confirmation. Please note that not all room categories can be booked when travelling with a pet. The Guest must state at the time of enquiry that they wish to bring a pet. The Guest may bring the pet only after receiving written confirmation from the Hotel.

13.2 A Contracting Party who brings a pet must keep and supervise it properly during the stay or arrange for a suitable third party to do so at the Contracting Party’s expense.

13.3 A Contracting Party or Guest who brings a pet must have appropriate pet liability insurance or personal liability insurance covering potential damage caused by pets. Proof of insurance must be provided at the Hotel’s request.

13.4 The Contracting Party and their insurer are jointly and severally liable to the Hotel for damage caused by a pet brought onto the premises. This includes, in particular, compensation that the Hotel must pay to third parties.

13.5 Pets are not permitted in the restaurants or wellness areas.

§ 14 Maintenance

The Hotel reserves the right to carry out necessary maintenance and construction work during normal operations. Disruption to Guests will be kept to a minimum.

§ 15 Extension of the Stay

15.1 The Contracting Party is not entitled to an extension of the stay. If the Contracting Party gives timely notice of a wish to extend the stay, the Hotel may agree to extend the Accommodation Contract but is under no obligation to do so.

15.2 If the Contracting Party cannot leave the Hotel on the day of departure because all departure routes are closed or unusable due to unforeseeable extraordinary circumstances, such as extreme snowfall or flooding, the Accommodation Contract is automatically extended for as long as departure remains impossible. A reduction in the price for this period is possible only if the Contracting Party cannot make full use of the Hotel’s services because of the extraordinary weather conditions.

§ 16 End of the Accommodation Contract and Early Termination

16.1 An Accommodation Contract concluded for a fixed period ends when that period expires.

16.2 If the Contracting Party departs early, the Hotel may demand the full agreed price. The Hotel will deduct what it saves because its services are not used or what it receives from letting the booked rooms to other guests. A saving exists only if the Hotel is fully occupied when the room booked by the Guest is not used and the room can be let to other guests because of the Contracting Party’s cancellation. The Contracting Party bears the burden of proving any saving.

16.3 If the Accommodation Contract was concluded for an indefinite period, either party may terminate it by 10:00 a.m. on the third day before the intended end of the contract.

16.4 The Hotel may terminate the Accommodation Contract with immediate effect for good cause, particularly if the Contracting Party or Guest:

• makes substantially improper use of the rooms; makes continued shared occupancy unreasonable for other guests, the owner, the owner’s staff or third parties living at the Hotel through reckless, offensive or otherwise seriously improper conduct; or commits a criminal offence against the property, morals or physical safety of any such person;
• contracts an infectious disease or an illness lasting beyond the accommodation period, or otherwise becomes in need of care; or
• fails to pay invoices when due within a reasonable period of three days set for payment.

16.5 If performance of the contract becomes impossible due to an event constituting force majeure, such as a natural disaster, strike, lockout or official order, the Hotel may terminate the Accommodation Contract at any time without notice, unless the contract is already deemed terminated by law or the Hotel is released from its obligation to provide accommodation. Any claims for damages or similar claims by the Contracting Party are excluded.

§ 17 Registration Requirements and Data Processing

17.1 Under the revised registration law, guests resident in Germany have no longer been required to complete a registration form on arrival since 2025. This means that there is no longer a registration requirement under that law. Independently of this, the applicable visitor’s tax by-laws of the City of Sonthofen continue to require us to collect certain personal data from all Guests whose main residence is outside Sonthofen, as these data are necessary to calculate, collect and remit the visitor’s tax (Section 5 of the by-laws):

• First and last name
• Full address
• Date of birth
• Contact details (email address)
• Dates of stay (arrival and departure)
• Purpose of travel
• Payment information

These data are used exclusively to process the stay, make contact when necessary and issue invoices.

17.2 For Guests resident outside Germany, the statutory requirement to record certain personal data remains in place. This includes:

• First and last name
• Date of birth
• Nationality
• Residential address
• Type and number of travel document (such as a passport or identity card)
• Arrival and departure dates

These data are recorded on an electronic or paper registration form and retained in accordance with statutory requirements.

17.3 The Hotel processes personal data exclusively in accordance with applicable data protection laws and uses them only to perform the contract, handle billing and comply with legal requirements.

§ 18 Electronic Invoices

18.1 From 1 January 2025, under the EU directive on invoicing, invoices in the business-to-business (B2B) sector are to be sent in a structured electronic format or as paper invoices. From that date, PDF invoices are no longer considered a standard invoice format.

18.2 By signing the contract, the Customer expressly agrees to receive invoices in PDF format unless an alternative arrangement has been made for a structured electronic invoice format or a paper invoice.

18.3 Consent to receive PDF invoices may be withdrawn in writing at any time. In that case, invoices will be issued in a legally recognised format.

18.4 The Customer is responsible for ensuring that the invoice format received complies with applicable local legal requirements. Liability for tax or legal consequences arising from the use of PDF invoices is excluded.

§ 19 Final Provisions

19.1 Amendments and additions to the contract, acceptance of the application or these General Terms and Conditions should be made in text form. Unilateral amendments or additions are invalid.

19.2 If the Customer is a merchant or a legal entity under public law, Sonthofen is the exclusive place of jurisdiction. The Hotel may alternatively bring proceedings against the Customer at the Customer’s registered office. The same applies to Customers who do not fall within the first sentence if their registered office or residence is outside an EU member state.

19.3 German law applies to all claims arising from contracts subject to these Terms and Conditions, excluding the rules of private international law (in particular the IPRG and the Rome Convention) and the UN Convention on Contracts for the International Sale of Goods.

19.4 Amendments or additions to the contract or these Terms and Conditions should be made in text form. Unilateral amendments or additions by the Customer are invalid.

19.5 If any provision of these General Terms and Conditions is or becomes invalid or void, the validity of the remaining provisions is unaffected.

§ 20 Miscellaneous

20.1 The Hotel may set off its own claims against claims of the Contracting Party. The Contracting Party may not set off its own claims against claims of the Hotel unless the Hotel is insolvent or the Contracting Party’s claim has been established by a court or acknowledged by the Hotel.

20.2 Where these Terms and Conditions do not address a matter, the applicable statutory provisions apply.

20.3 The Hotel does not accept €500 or CHF 1,000 banknotes or payment by cheque.

20.4 Payment on site may be made in cash or by credit card (American Express, Mastercard and Visa). Only card payments are accepted in the restaurants; cash payments are not accepted there.