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.