General Terms and Conditions

FORINDIVIDUAL TRAVELERS

1. These terms and conditions apply to contracts for the rental provision of hotel rooms, conference rooms, gastronomy, and other event spaces of the hotel, as well as for all related additional services and deliveries of the hotel with individual travelers.

 

2. These terms and conditions do not apply to contracts concluded between the hotel and a tour operator for hotel services for individual travelers and/or travel groups (hotel accommodation contract). The terms and conditions for the hotel accommodation contract are exclusively governed by the “General Terms and Conditions of Hotel Paulsen for Tour Operators”.

1. Offers from the hotel are always non-binding. The contract is concluded upon acceptance by the hotel. The hotel is free to confirm the booking in writing or in text form.

 

2. The contracting parties are the hotel and the individual traveler. If a third party has ordered for the individual traveler, they are jointly and severally liable to the hotel together with the individual traveler for all obligations arising from the hotel accommodation contract, provided that the hotel has a corresponding declaration from the third party.

 

3. The subletting and re-letting of the provided hotel rooms, event spaces, or areas, as well as the use of the rented premises and areas for job interviews, sales and similar events, or for photo or film shoots for commercial purposes, is generally not permitted and requires the prior written consent of the hotel.

 

4. The individual traveler does not acquire a claim to the provision of specific rooms unless the hotel has guaranteed one or more specific rooms in text form.
Should a room change be necessary for organizational or operational reasons, the individual traveler must accept this, unless one or more specific rooms have been guaranteed in text form.

1. The hotel is obligated to provide the rooms booked by the individual traveler in accordance with Section II No. 4 and to render the agreed services.

 

2. The individual traveler is obligated to pay the agreed or applicable prices of the hotel for the room accommodation and for any other services utilized. This also applies to services and expenses of the hotel to third parties arranged by the individual traveler. The hotel is entitled to charge tariff-related night surcharges for each started hour for services provided after 24:00, as far as collective agreements apply.
3. The agreed prices include the respective statutory value-added tax, unless otherwise agreed in writing. In the event that the price generally calculated by the hotel for services or the statutory value-added tax increases and the period between the conclusion of the contract and the fulfillment of the contract exceeds five months, the hotel may increase the agreed price appropriately, but by no more than 10%.

 

4. All invoices are issued in Euro. Exchange rate differences and bank charges are at the expense of the party obligated to pay when payment is made in a foreign currency. For advance payments in foreign currencies, the day of valuation is credited towards the total bill.

 

5. The hotel may make its consent to a subsequent reduction in the number of booked rooms, the hotel’s services, or the length of stay of the individual traveler requested by the individual traveler dependent on an increase in the price for the rooms and/or for the hotel’s other services.

 

6. Invoices of the hotel without a due date are payable within 10 days of receipt of the invoice without deduction. The hotel can demand immediate payment of due claims from the individual traveler at any time. In case of late payment, the hotel is entitled to demand the statutory default interest at a rate of 5 percentage points above the respective base interest rate. The hotel reserves the right to prove higher damages.

 

7. The hotel is entitled to demand an appropriate advance payment or security deposit, for example in the form of a credit card guarantee, from the tour operator upon conclusion of the contract. Otherwise, the amount of the advance payment and the payment dates can be agreed in the contract in text form. For advance payments or security deposits for package tours, the statutory provisions remain unaffected.

 

8. In justified cases, e.g., payment arrears of the individual traveler or expansion of the scope of the contract, the hotel is entitled, even after conclusion of the contract until the beginning of the stay, to demand an advance payment or security deposit within the meaning of the preceding number 7 or an increase in the advance payment or security deposit agreed in the contract up to the full agreed remuneration.

 

9. The hotel is also entitled to demand an appropriate advance payment or security deposit from the individual traveler at the beginning and during the stay, as defined in the preceding number 8, for existing and future claims arising from the contract, insofar as such payment has not already been made in accordance with the preceding numbers 7 and/or 8.

 

10. The individual traveler may only offset or settle an undisputed or legally binding claim against a claim of the hotel.

1. A withdrawal by the individual traveler from the contract concluded with the hotel requires the prior consent of the hotel in text form. If this is not given, the agreed price from the contract must be paid even if the individual traveler does not make use of the contractual services (here referred to as “fixed booking without cancellation”).

 

2. For rooms not used by the individual traveler, the hotel must credit the income from renting these rooms to others as well as the saved expenses (here referred to as “No Show”). If the rooms are not rented to others, the hotel can demand the contractually agreed remuneration and lump sum the deduction for saved expenses of the hotel. In this case, the individual traveler is obliged to pay at least 90% of the contractually agreed price for overnight stays with or without breakfast, 70% for half-board and 60% for full-board arrangements. The individual traveler is free to prove that the aforementioned claim has not arisen or has not arisen to the extent claimed.

 

3. If a date for free withdrawal from the contract in text form (here referred to as “free cancellation date”) has been agreed between the hotel and the individual traveler, the individual traveler can withdraw from the contract until then without triggering payment or compensation claims of the hotel. The individual traveler’s right of withdrawal expires if they do not exercise their right to withdraw from the hotel in text form by the agreed date.

1. If it has been agreed in text form that the individual traveler can withdraw from the contract within a certain period free of charge (here referred to as “free cancellation date”), the hotel is entitled to withdraw from the contract during this period if inquiries from other individual travelers regarding the contractually booked rooms are received and the individual traveler does not waive their right to withdraw upon inquiry by the hotel.

 

2. If an agreed or demanded advance payment or security deposit according to Clause III Numbers 7 and/or 8 above is not made even after a reasonable grace period set by the hotel has expired, the hotel is also entitled to withdraw from the contract.

 

3. Furthermore, the hotel is entitled to withdraw from the contract extraordinarily for objectively justified reasons, for example if
– Force majeure or other circumstances for which the hotel is not responsible make the fulfillment of the contract impossible;
– Rooms or spaces are booked culpably under misleading or false statements of material contractual facts, e.g., regarding the identity of the individual traveler, the accuracy of bank or credit card details, or the purpose of their stay;
– The hotel has reasonable grounds to believe that the use of the hotel service may jeopardize the smooth operation of business, the security or the public reputation of the hotel, without this being attributable to the hotel’s sphere of control or organization;
– The purpose or reason for the stay is illegal;
– There is a violation of the above-mentioned Clause I Number 2.
In the event of a justified withdrawal by the hotel, the individual traveler has no claim for compensation.

1. Booked rooms are available to the individual traveler from 3:00 PM on the agreed day of arrival. The individual traveler has no claim to earlier provision.

 

2. On the agreed day of departure, the rooms must be vacated and made available to the hotel by 10:00 AM at the latest. After that, due to the delayed vacating of the room for its use exceeding the contract, the hotel may charge 50% of the full lodging price (list price) until 6:00 PM, 100% from 6:00 PM onwards. Contractual claims of the individual traveler are not justified by this. They are free to prove that the hotel incurred no or a significantly lower claim for usage fees.

 

3. All rooms are non-smoking. If special cleaning is required due to smoking in a non-smoking room, the individual traveler will be charged a flat-rate compensation of €120. The individual traveler is free to prove that the hotel incurred no or significantly lower costs for cleaning.

 

4. All towels and bathrobes can be purchased at the reception. The individual traveler is prohibited from taking hotel-owned furnishings and equipment, including towels and bathrobes, when leaving the hotel. For unlawful removal, the individual traveler will be charged a flat-rate compensation of
– €100 per bathrobe
– €20 per towel
The individual traveler is free to prove that the hotel incurred no or significantly lower costs due to the removal of a bathrobe or towel. The hotel expressly reserves the right to report any violation. The hotel also reserves the right to assert further claims for damages under civil law.

 

5. By removing or consuming food or beverages from the minibar (“consumables”) in the hotel room, a purchase contract for the item at the respective list price is concluded. The list prices for the minibar consumables are available for review in the hotel room. The individual traveler is obliged to inform the hotel of the removal or consumption of consumables from the minibar in the hotel room and to pay the purchase price at the latest when returning the room. The hotel will charge the individual traveler the respective purchase price of the consumed goods if a shortage or consumption of goods is detected when the room is returned.

1. The individual traveler is obliged to report any defects or damages to the hotel immediately.

 

2. The individual traveler is liable to the hotel under the contract.

 

3. The individual traveler is informed upon receipt of the internet access code that the use of the internet access for committing crimes or other legal violations is prohibited. The individual traveler is liable for damages under the contract and according to statutory provisions. This applies in particular to claims by third parties due to legal violations committed via the individual traveler’s internet access during the contract period. The individual traveler is free to prove that the hotel incurred no or significantly lower claims due to their use of the internet.

 

4. The hotel has the exclusive right of use for the exploitation of creative designs in the hotel premises. This applies in particular to the right to produce and exploit image or sound recordings (§ 21 UrhG), radio broadcasts (§ 22 UrhG) or other public accessibility of the hotel premises. The individual traveler is entitled to make image and video recordings of the hotel premises for private purposes, including the right to make them publicly accessible on the internet for private purposes in so-called social media (e.g., Facebook, Twitter, Snapchat, Instagram).

 

5. Without prior written consent from the hotel, the individual traveler is expressly prohibited from making image or sound recordings of the hotel premises publicly accessible on hotel portals or review portals on the internet. The individual traveler is also prohibited from any commercial use of image or sound recordings of the hotel premises without the prior consent of the hotel. In case of violations, the hotel reserves the right to report these criminally or to assert civil claims for injunctive relief or damages. The individual traveler is free to prove that, in the case of claims for damages, the hotel incurred no or significantly lower claims due to the unauthorized exploitation act.

1. The hotel is liable for its obligations under the contract. Claims for damages by the individual traveler are excluded. Exceptions to this are damages resulting from injury to life, body or health if the hotel is responsible for the breach of duty, other damages based on an intentional or grossly negligent breach of duty by the hotel, and damages based on an intentional or negligent breach of typical contractual obligations by the hotel. A breach of duty by the hotel is equivalent to that of a legal representative or vicarious agent. Should disruptions or defects in the hotel’s services occur, the hotel will endeavor to remedy the situation upon knowledge or immediate complaint by the individual traveler. The individual traveler is obliged to contribute what is reasonable to eliminate the disruption and to keep possible damage to a minimum.

 

2. The hotel is liable to individual travelers for items brought in according to legal regulations. Accordingly, liability is limited to one hundred times the room price, but not exceeding €3,500, and alternatively for money, securities, and valuables not exceeding €800. The obligation to compensate does not apply if the loss, destruction, or damage is caused by the guest, a companion of the guest, or a person whom the guest has accommodated, or by the nature of the items or by force majeure. The obligation to compensate does not extend to vehicles, items left in a vehicle, and live animals.

 

3. Money, securities, and valuables can be stored in the hotel. A safekeeping contract must be agreed upon with the hotel for this purpose. Through the safekeeping contract, the custodian is obligated to store a movable item handed over by the depositor. The hotel recommends making use of this option.

 

4. Wake-up calls are executed by the hotel with the utmost care. Messages, mail, and goods deliveries for guests are handled with care. The hotel undertakes the delivery and storage of the same. For the exclusion of damage claims by the individual traveler, the regulation of the preceding number 1, sentences 2 to 4 applies accordingly.

1. Changes and additions to the contract, the acceptance of the application, or these General Terms and Conditions should be made in text form. Unilateral changes or additions by the individual traveler are invalid.
2. The place of performance and payment is the registered office of the hotel.
3. German law applies.
4. 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 apply.