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TERMS AND CONDITIONS OF HOTEL PAUL'S

1. GENERAL

These Terms and Conditions (T&C's) govern the legal relationship between the guest / customer, hereinafter referred to as the Guest, and the Hotel Paul's as operator of the Hotel Paul's, hereinafter referred to as the Hotel. For easy reference, the T&C's always refer to a Contract, regardless of which kind of service is meant.

The Terms and Conditions of the Hotel as valid at the time of conclusion of contract shall exclusively apply. Any terms and conditions of the Guest shall only apply if this has been explicitly agreed in writing before signing the contract. If any of these T&C's are ineffective or invalid, this shall not affect the validity of the Contract and the remaining provisions of the T&C's. In addition, the statutory provisions shall apply.

2. JURISDICTION / GOVERNING LAW

Any disputes arising from this Contract shall be decided by a competent court in St. Gallen, unless where any other jurisdiction is prescribed by law.

Any and all contractual, reservation, supplementary agreements and general conditions shall exclusively be subject to Swiss law. The place of performance and payment is the registered domicile of the hotel.

3. DEFINITIONS

Groups: Groups in accordance with these T&C's are travel groups with a minimum of 6 booked persons.

Written confirmations: Signed PDF or fax confirmations and e-mail messages in that the conditions set out in the confirmation are accepted shall be deemed written confirmations.

Contractual partner: The contractual partners are the Guest and the Hotel, or respectively the operator or agent and the Hotel, unless where any other arrangements have been agreed between the parties.

4. SUBJECT / SCOPE

The Contract on the rental of rooms, seminar rooms and the purchase of other supplies and services comes into effect upon provision of the guarantee of payment or the written confirmation by the Guest. A booking that is made on the day of arrival is binding on both parties at the moment when it is accepted by the Hotel.

Any changes to the Contract shall only become binding on the Hotel upon reconfirmation (in writing). Any unilateral changes or additions to the contract by the Guest shall be ineffective. The subletting of the rooms as well as their use for any purpose other than accommodation shall require the prior written consent of the hotel.

5. SCOPE OF SERVICES

The scope of the services provided under the Contract shall be subject to the reservation as individually made and confirmed by the Guest. Unless where any other contractual arrangements have been made, the Guest shall not be entitled to a specific room.

If, despite a confirmed reservation, no rooms are available at the Hotel, the Hotel shall offer a suitable alternative in a hotel nearby. If the Guest rejects the alternative room, the Hotel shall refund any payment already made by the Guest immediately (e.g. deposits). Any further claims of the Guest shall be excluded.

6. PERIOD OF USE

6.1. HOTEL

Unless where any other agreements have been made, the Guest shall have the right to use the rented rooms from 14:00 pm on the agreed day of arrival until 11:00 am on the day of departure.

Should the Guest only vacate the room by 17:00 pm at the latest, the Hotel may charge an amount of CHF 50.00 for the use exceeding the Contract. After that, the rate for a full night shall be charged. This shall not result in any contractual claims of the Guest in respect of regular continued use of the rooms; the right to assert claims for damages remains reserved. If the room is vacated late, the Hotel reserves the right to remove the belongings of the Guest from the room and store these at a suitable place in the Hotel.

6.2. EVENT AREA

Unless where any other agreements have been made, the Guest shall have the right to use the rented hall from 11:00 am until 19:00 pm on the agreed day of use or as agreed. The hall is available for set-up 30 minutes before the start of the event. Earlier occupation of the hall on the same day or the evening before is possible subject to agreement and a charge.

The use of the rented hall after 00:00 (closing time) must be agreed beforehand and shall be charged per hour or part thereof at a rate of CHF 200.00.

7. PRICES / PAYMENT OBLIGATION

The prices communicated by the Hotel are quoted in Swiss Francs (CHF) and include VAT, service and breakfast. Visitor's tax is not included. The Guest is obliged to pay the agreed or applicable prices of the Hotel for the let rooms and for any other services it uses. This also applies to any orders made by its companions and visitors. Should any statutory rates be increased after the contract has been concluded, these shall be charged to the Guest. Prices quoted in foreign currencies are approximate and shall be charged at the current exchange rate. The prices confirmed by the Hotel shall respectively be valid.

The Hotel may change the prices if the Guest subsequently requests any changes with regard to the number of reserved rooms, the hotel's services or the length of stay of the guests. Depending on the agreement, or from a certain reservation amount, the Hotel may demand a deposit or advance payment of the entire reservation amount. The deposit shall be deemed a partial payment of the agreed price. In place of a deposit, the hotel may demand a credit card guarantee. An advance payment shall be paid by bank transfer within the agreed payment period.

In the event the advance payment is not paid in time or the credit card guarantee is not provided in time, the Hotel may cancel the contract (incl. all service promises) immediately (without warning) and demand payment of the cancellation fees as specified under Article 9 of these T&C's. The Hotel has the right to present the Guest with an invoice or interim invoice for its services at any time.

The final invoice includes the agreed price plus any extra amounts resulting from additional services rendered by the Hotel for the Guest and/or the accompanying people.

8. CANCELLATION BY THE HOTEL

The Hotel has the right to cancel the Contract at any time for an objectively justified reason by immediate unilateral and written declaration without notice and with immediate effect. Objectively justified reasons include, for example:

  • failure to provide an agreed advance payment or security deposit within the period stipulated by the Hotel;
  • Force Majeure or any other circumstances that are beyond the control of the Hotel and that make the performance of the Contract objectively impossible;
  • Rooms or halls that are reserved and used under misleading or false information, e.g. with regard to the person of the Guest or the purpose of use or stay;
  • The Hotel has a justified reason to believe that the use of the agreed services may affect the smooth operation of the Hotel, the security of other Hotel guests or the reputation of the Hotel;
  • The guest has become insolvent (bankruptcy or unsuccessful seizure) or has stopped payments;
  • The purpose of or reason for the stay is illegal.

Should the Hotel cancel the Contract for any of the aforementioned reasons, the Guest shall not be entitled to damages and the payment of the booked services shall remain due.

9. CANCELLATION OF RESERVATION / CANCELLATION FEES

9.1. HOTEL

9.1.1. CANCELLATION

The cancellation of the reservation requires the written consent of the Hotel. If such consent is not given, the agreed price shall be payable even if the guest does not use the contractual services.

If the Guest cancels the Contract without that the cancellation has been approved, or if certain reserved services have been changed or cancelled, the Hotel may charge the following cancellation fees.

9.1.2. CANCELLATION OF HOTEL RESERVATIONS

If you have reserved a room without providing a guarantee for the reservation with a credit card, we shall keep the room for you until 16 pm on the day of arrival. If you fail to show up by such time, the Hotel shall automatically have the right to dispose of the room/s otherwise.

If you have guaranteed your reservation by credit card and cannot/do not want to use the reserved service, we would kindly request you to cancel your reservation at least 24 hours before the day of arrival. In case of late cancellation, no show, late arrival or early departure, the rate for one night will be charged. If it is possible to rent out the room/s otherwise, we will be happy to refrain from invoicing.

The respectively published conditions of reservation and cancellation shall apply to reservations made via online portals. We will verify credit cards electronically. If the credit card details are invalid, we shall deem the reservation not guaranteed.

9.1.3. CANCELLATIONS OF GROUPS/RESERVATIONS FOR 6 PEOPLE AND MORE

We would request you to inform us of any significant changes to your reservation as early as possible in writing. If the entire reservation is cancelled for reasons that are not our responsibility, the following cancellation fee shall become due:

  • 0 to 15 days before arrival – 25% of the lost room sales
  • 14 to 5 days before arrival – 50% of the lost room sales
  • 4 to 0 days before arrival – 100% of the lost room sales
The cancellation fee shall be based on the time when the Guest's written cancellation is received by the Hotel. This applies to letters as well as to fax and e-mail messages.

9.2. EVENT AREA

The hotel has a hotel lobby illuminated by natural light and equipped with the latest technology, which can accommodate groups of up to 50 people. Possible seating arrangements of the seminar rooms: Banquet, block, seminar, U-shape or standard seating.

9.2.1. CANCELLATION OF CONFIRMED EVENTS

The cancellation of the reservation requires the written consent of the Hotel. If such consent is not given, the agreed price shall be payable even if the guest does not use the contractual services. Should the Guest fail to arrive ("no-show"), 100% of the booked services shall be invoiced.

The cancellation fee shall be based on the time when the Guest's written cancellation is received by the Hotel. This applies to letters as well as to fax and e-mail messages.

If the Guest cancels the Contract without that the cancellation has been approved, or if certain reserved services have been changed or cancelled, the Hotel may charge the following cancellation fees.

9.2.2. CANCELLATION FEES – SEMINARS

9.2.2.1. SEMINAR

Flat rate
  • Up to 28 days before the event: 100% free of charge
  • 27 to 15 days before the event: 50% of the seminar rate (based on the number of participants as indicated 27 days before the event)
  • 14 to 8 days before the event: 75% of the seminar rate (based on the number of participants as indicated 14 days before the event)
  • 7 to 0 days before the event: 100% of the seminar rate (based on the number of participants as indicated 7 days before the event)

Change of the number of participants:
The minimum event participant number is 4 people. The following changes in the number of people shall be considered in the invoice:

  • Up to 15 days before the event: max. 50% of the original number of people
  • 14 to 2 days (until 14:00) before the event: max. 20% of the original number of people
  • 2 days (from 14:00) before the event: 0% of the original number of people

It is the organiser's responsibility to notify the Hotel of any changes in the number of people. Should the organiser request individual collection, it shall be liable for any difference from the last indicated number of people.

Overnight stays
Kindly refer to the cancellation conditions stipulated under 9.1.

10. ARRIVAL MADE IMPOSSIBLE

If the Guest is unable to arrive or to arrive in time due to Force Majeure (flood, avalanche, earthquake, etc.), it shall not be obliged to pay the agreed price for the missed days. The Guest must prove that its arrival was impossible. However, the obligation to pay for the booked stay shall once again become valid from the moment from that the arrival is possible.

11. STAY / KEY / SECURITY / INTERNET / SMOKING

The hotel room is reserved exclusively for the registered guest. Letting the room to a third party or its use by an additional person requires the consent of the Hotel. Where the Hotel has not given its consent, the tenant of the room shall be invoiced with CHF 35.00 for each additional person.

By signing a Contract, the Guest acquires the right to use the rented rooms and the facilities of the hotel in the normal manner by all persons for that a booking has been made, that are normally available for use by the guests without any special conditions, and to enjoy the usual services. The Guest has the duty to exercise its rights in accordance with any applicable hotel and/or guest regulations (house rules).

The room keys provided by the Hotel remain the property of the Hotel. The loss of the key must be reported at the reception immediately. In the event the key is lost, the Guest shall be charged with CHF 20.00.

The Guest receives its personal login data for accessing the Internet. This service is free for all guests. The Guest is responsible for the use of its login data. It shall be liable for any misuse and illegal behaviour during Internet usage. IP and MAC addresses can be recorded by the Hotel.

Smoking is prohibited in the entire hotel. If a Guest smokes in a hotel room, an amount of CHF 300.00 shall be charged for additionally required cleaning.

12. ORGANISATION OF EVENTS

If the Hotel organises technical and other equipment from third parties for the Guest on its request, the Hotel acts for the account of the guest.

The Guest shall be liable for the careful handling and proper return of the equipment. The Guest shall indemnify the Hotel in respect of any and all third party claims arising from the provision of such facilities.

The use of the Guest's own electrical equipment and devices while using the Hotel's power supply shall require the prior approval of the Hotel. The Guest shall be liable for any problems and damage caused to the technical facilities of the Hotel resulting from the use of these systems and equipment, unless where the Hotel is responsible for these.

13. ACTIONS, USE AND LIABILITY

13.1. HOTEL

The Hotel excludes any liability for slight and medium negligence towards the Guest to the extent as permitted by law; it shall only be liable for intentional or grossly negligent damage. In the event of any disruptions or defects in the services rendered by the Hotel, the Hotel shall endeavour to remedy these upon immediate notification of the Guest. If the Guest fails to notify the Hotel of a defect in due time, it shall not be entitled to any reduction of the agreed price. The Hotel shall be liable for items introduced into the Hotel by the guests in accordance with the statutory provisions, i.e. up to the amount of CHF 1,000.00. Items introduced into the Hotel shall be those items that the Guest keeps in its hotel room and the provided safe. The Hotel shall not be liable for slight to medium negligence. If a possible damage is not reported to the Hotel immediately after its discovery, any claims on the part of the Guest shall be forfeited.

The Hotel shall not be liable under any title for services that it merely brokered for the Guest. The Hotel shall not accept any liability for theft of or damage to material introduced by third parties.

13.2. GUEST

The Guest shall be liable to the Hotel for any and all damage and loss caused by it, its companions or assisting personnel or event participants without the Hotel having to prove any fault on the part of the Guest.

The Guest shall be responsible for the correct use and proper return of all technical aids / devices that have been provided to it or procured from third parties by the Hotel on the Guest’s behalf, and it shall be liable for any damage and loss. The Guest shall be liable towards third parties for any requested services and expenses incurred by the Hotel.

13.3. THIRD PARTY

Where a third party has made the reservation for the Guest, it shall be liable to the Hotel jointly and severally with the Guest in respect of all obligations resulting from the Contract. Notwithstanding the above, the ordering person shall be obliged to pass on all information relevant for the reservation, including these Terms and Conditions, to the guest.

13. PETS

Pets may stay in the Hotel in the rooms on the ground floors. A fee of up to 50 CHF/night may be charged for any additionally required cleaning.

15. LOST PROPERTY

Lost property shall be kept for one month. On request, the lost property shall be sent to the Guest. The Guest shall bear the costs and the risk of such shipment.

16. OTHER PROVISIONS

Should the Guest request any services that are not provided by the Hotel itself, the latter shall merely act as an intermediary. The statutory limitation periods shall apply. If these can be amended, an absolute limitation period of 6 months from the departure shall apply to claims for damages of the Guest.

Any advertisements in the media (such as newspapers, radio, television, Internet) that refer to events to be organised at the Hotel, with or without use of the unchanged company logo, require the prior written consent of the Hotel.

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