HOTEL PAULSEN

GTCs
Hotel Paulsen
Meyerstrasse 22 - 27404 Zeven

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GENERAL TERMS AND CONDITIONS
FOR INDIVIDUAL TRAVELERS

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I. SCOPE AND DEFINITIONS
(1) These Terms and Conditions shall apply to contracts for the rental of hotel rooms, conference rooms, catering facilities and other function rooms of the hotel as well as to all other related services and deliveries of the hotel with the individual traveler.

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 governed exclusively by the "General Terms and Conditions of Hotel Paulsen for Tour Operators".

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II. CONCLUSION AND CONTENT OF THE CONTRACT
1. offers of the hotel are always non-binding. The contract is concluded by the acceptance of the hotel. The hotel is free to confirm the booking in writing or in text form.

The contractual partners are the hotel and the individual traveler. If a third party has ordered for the individual traveler, he is liable to the hotel together with the individual traveler as joint and several debtor for all obligations arising from the hotel accommodation contract, provided that the hotel has a corresponding declaration from the third party.

3. subletting and subletting of the leased hotel rooms, event rooms or areas as well as the use of the leased rooms 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 right to the provision of specific rooms, unless the hotel has guaranteed one or more specific rooms in text form.
Should a room change become necessary for organizational or operational reasons, the individual traveler must accept this, unless one or more specific rooms are guaranteed in text form.

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III. SERVICES, PRICES, PAYMENT, SET-OFF 
1. the hotel is obliged to keep the rooms booked by the individual traveler in accordance with clause II No. 4 ready and to provide the agreed services.

The individual traveler is obligated to pay the agreed or applicable prices of the hotel for the provision of the room and the other services used by him. This also applies to services and expenses of the hotel to third parties arranged by the individual traveler. The hotel is entitled to levy tariff-related night surcharges for each hour or part thereof for services rendered after 24:00 hours for the work performance of employees, insofar as collective bargaining agreements and company agreements apply.
3. the agreed prices include the respective statutory sales tax, unless otherwise agreed in writing. In the event that the price generally charged by the hotel for services or the statutory sales tax increases and the period between conclusion and fulfillment of the contract exceeds five months, the hotel may increase the agreed price appropriately, up to a maximum of 10%.

4. all invoices are issued in euro. Exchange rate differences and bank charges shall be borne by the party obligated to pay if payment is made in a foreign currency. For down payments in foreign currencies, the day of the value date will be added to the total invoice.

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

6. invoices of the hotel without due date are payable within 10 days from receipt of the invoice without deduction. The hotel may demand immediate payment of due receivables from the individual traveler at any time. In the event of default in payment, the hotel shall be entitled to charge the statutory default interest in the amount of 5 percentage points above the respective base interest rate. The hotel reserves the right to prove higher damages.

The hotel is entitled to demand a reasonable advance payment or security deposit from the tour operator upon conclusion of the contract, for example in the form of a credit card guarantee. Otherwise, the amount of the advance payment and the payment dates can be agreed in text form in the contract. In the case of 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 extension 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 number 7 above or an increase in the advance payment or security deposit agreed in the contract up to the full agreed remuneration.

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

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

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IV. WITHDRAWAL OF THE INDIVIDUAL TRAVELER (CANCELLATION OF THE INDIVIDUAL TRAVELER) / NON-UTILIZATION OF THE SERVICES OF THE HOTEL (NO SHOW)
(1) Cancellation by the individual traveler of the contract concluded with the hotel requires the prior consent of the hotel in text form. If this is not done, the agreed price from the contract must be paid even if the individual traveler does not use contractual services (here so-called "fixed booking without cancellation").

2. in the case of rooms not used by the individual traveler, the hotel must credit the income from renting these rooms to other parties as well as the saved expenses ("no show"). If the rooms are not rented to other parties, the hotel may demand the contractually agreed compensation and make a lump-sum deduction for saved expenses of the hotel. In this case, the individual traveler is obligated to pay at least 90% of the contractually agreed price for overnight stays with or without breakfast, 70% for half-board arrangements and 60% for full-board arrangements. The individual traveler is free to prove that the aforementioned claim did not arise or did not arise in the required amount.

If the hotel and the individual traveler have agreed upon a date for the cost-free cancellation of the contract in text form (in this case, the so-called "cost-free cancellation date"), the individual traveler may withdraw from the contract until that date without triggering payment or damage compensation claims by the hotel. The individual traveler's right of withdrawal expires if he does not exercise his right of withdrawal towards the hotel in text form by the agreed date.

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V. CANCELLATION OF THE HOTEL (CANCELLATION OF THE HOTEL)
1. if it was agreed in text form that the individual traveler can withdraw from the contract free of charge within a certain period of time (here so-called "free cancellation date"), the hotel is entitled for its part to withdraw from the contract within this period of time if there are requests from other individual travelers for the contractually booked rooms and the individual traveler does not waive his right to withdraw upon inquiry by the hotel.

2. if an advance payment or security deposit agreed upon or required above in accordance with Item III Numbers 7 and/or 8 is not made even after expiration of a reasonable grace period set by the hotel, the hotel shall also be entitled to withdraw from the contract.

3. furthermore, the hotel is entitled to withdraw from the contract extraordinarily for an objectively justified reason, for example if
- Force majeure or other circumstances beyond the control of the hotel make it impossible to fulfill the contract;
- rooms or rooms are culpably booked under misleading or false information of facts essential to the contract, e.g. concerning the person of the individual traveler, the correctness of the bank or credit card data or the purpose of his stay;
- the hotel has reasonable grounds to believe that the use of the hotel service may jeopardize the smooth operation of the business, the safety or the reputation of the hotel in public, without this being attributable to the hotel's sphere of control or organization;
- the purpose or reason for the stay is unlawful;
- there has been a violation of Item I, Number 2 above.
In the event of a justified cancellation by the hotel, the individual traveler has no claim to compensation.

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VI. ROOM PROVISION, HANDOVER AND RETURN
1. booked rooms are available to the individual traveler from 15:00 on the agreed arrival day. The individual traveler has no right to earlier provision.

2. 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. Thereafter, the hotel may charge 50% of the full accommodation price (list price) due to the late vacating of the room for its use in excess of the contract until 6:00 p.m., and 100% from 6:00 p.m. onwards. Contractual claims of the individual traveler are not justified by this. The individual traveler is free to prove that the hotel has no or a significantly lower claim to a usage fee.

3. all rooms are non-smoking rooms. If special cleaning is required due to smoking in a non-smoking room, the individual traveler will be charged a flat rate of € 120,- for damages. The individual traveler is free to prove that the hotel has not incurred any or a significantly lower claim due to the 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 the unlawful taking away the individual traveler will be charged a lump sum compensation of
- 100,- € per bathrobe
- 20,- € per towel
will be invoiced. The individual traveler is free to prove that the hotel has not incurred any claim or has incurred a significantly lower claim by taking a bathrobe or towel. The hotel expressly reserves the right to report any violation. The hotel further reserves the right to assert further claims for damages under civil law.

With the withdrawal or consumption of food or beverages from the minibar ("consumer goods") of the hotel room, a purchase contract for the object of purchase is concluded at the respective list price. The list prices for the consumer goods in the minibar are available for inspection in the hotel room. The individual traveler is obligated to notify the hotel of the taking or consumption of consumer goods from the minibar of the hotel room and to pay the purchase price at the latest upon return of the room. The hotel will invoice the individual traveler for the respective purchase price of the consumer goods taken along, insofar as a shortage or consumption of the goods is determined upon return of the room.

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VII. LIABILITY OF THE INDIVIDUAL TRAVELER
1. the individual traveler is obliged to immediately notify the hotel of any defects or damage.
2. the individual traveler is liable to the hotel from the contract.

3. the individual traveler is informed upon handover of the internet access code that the use of the internet access for the commission of criminal offenses or other violations of the law is prohibited. The individual traveler is liable for damages under the contract and according to the statutory provisions. This applies in particular to claims by third parties due to legal violations committed via the Internet access of the individual traveler during the term of the contract. The individual traveler is free to prove that the hotel has not incurred any claim or a significantly lower claim due to his use of the Internet.

4. the hotel has the exclusive right of use for the exploitation of the creative creations on the premises of the hotel. This applies in particular to the right to make and exploit image or sound recordings (§ 21 UrhG), radio broadcasts (§ 22 UrhG) or other public access of the hotel's premises. The individual traveler is entitled to make picture and video recordings of the premises of the hotel for private purposes, including the right of public access on the Internet for private purposes in so-called social media (e.g. Facebook, Twitter, Snapchat, Instagram).
5. without the prior consent of the hotel in text form, the individual traveler is expressly prohibited from making image or sound recordings of the hotel's premises publicly available for hotel portals or rating portals on the Internet. The individual traveler is also prohibited from any commercial use of image or sound recordings of the hotel's premises without the hotel's prior consent. In the event of violations, the hotel reserves the right to bring criminal charges or to assert claims for injunctive relief or damages under civil law. The individual traveler is free to prove that, in the event of claims for damages, the hotel has incurred no claim or a significantly lower claim as a result of the unauthorized act of exploitation.

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VIII. LIABILITY OF THE HOTEL
1. the hotel is liable for its obligations under the contract. Claims of the individual traveler for damages are excluded. Excluded from 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 of the hotel. A breach of duty by the hotel is equivalent to a breach of duty by a legal representative or vicarious agent. In the event of disruptions or deficiencies in the hotel's services, the hotel will endeavor to remedy the situation upon knowledge thereof or upon immediate complaint by the individual traveler. The individual traveler is obligated to contribute what is reasonable to him in order to remedy the disruption and keep any possible damage to a minimum.
2. the hotel is liable to the individual traveler in accordance with the statutory provisions for items brought into the hotel. Accordingly, the liability is limited to one hundred times the room rate, but not more than € 3,500, - and differently for money, securities and valuables not more than € 800. The obligation to pay compensation does not apply if the loss, destruction or damage is caused by the guest, a companion of the guest or a person the guest has taken in, or by the nature of the property or by force majeure. The obligation to pay compensation does not extend to vehicles, to things left in a vehicle and to live animals.
3. money, securities and valuables can be stored in the hotel. For this purpose, a storage contract must be agreed with the hotel. The storage contract obligates the custodian to store a movable item given to him by the depositor. The hotel recommends to make use of this possibility.

4. wake-up orders are carried out by the hotel with the utmost care. Messages, mail and merchandise shipments for the guests will be handled with care. The hotel takes over the delivery, storage of the same. For the exclusion of claims for damages of the individual traveler, the provision of the above number 1, sentences 2 to 4 shall apply accordingly.

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IX. FINAL PROVISIONS
1. amendments and additions to the contract, the acceptance of the application or these general terms and conditions shall be made in text form. Unilateral changes or additions by the individual traveler are invalid.
2. place of performance and payment is the registered office of the hotel.
3. German law shall apply.
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.