Our entire team is personally committed to ensuring that every single guest has a great time with us. 

As our restaurant only has a limited number of seats and the dishes we offer are always freshly and elaborately prepared, we cannot offer any great flexibility when allocating and reserving the available seats. In particular, we are regularly forced to turn away other guests in the case of larger reservations. Against this background, the damage caused to us by non-compliance or inappropriately short notice cancellation of reservations is considerable. Please note, therefore, that a confirmed table reservation legally establishes a contractual relationship that triggers certain obligations for both you and us. We therefore ask for your understanding that we only accept reservations and catering in our restaurant on the basis of the following general terms and conditions:

§ 1 Scope of application

1. These terms and conditions apply to all catering contracts and to all advance orders with catering services that take place in the premises of our hotel (PULS restaurant, boardroom, outdoor areas including the roof terrace and other associated areas).
2. They also apply to all other deliveries and services provided to the customer/guest, including outside the hotel.
3. The customer's/guest's terms and conditions of business and any terms and conditions of the customer/guest that conflict with or deviate from our terms and conditions of business shall only apply if this has been expressly agreed in writing in advance.
4. These terms and conditions shall also apply to all future transactions with the customer/guest, insofar as they are legal transactions of a related nature.

§ 2 Reservation/ Acceptance of contract

1. The reservation request does not yet constitute the conclusion of a contract; it is rather to be regarded as an offer to conclude a hospitality contract in accordance with § 145 BGB. We reserve the right to accept this request within one week of receipt by us. If the customer does not receive an order confirmation within one week, the order has not been accepted by us and therefore no contract has been concluded. The hospitality contract is only concluded when the customer/guest's application (reservation request) is accepted by our hotel. There is no obligation on our part to accept the request. Reservations are binding with regard to the reserved time and the number of reserved seats (i.e. the announced guests).
2. The contractual partners are always the customer/guest and our hotel. If a third party has ordered on behalf of the customer/guest, this third party shall be liable to our hotel together with the customer/guest as joint and several debtors for all obligations arising from the hospitality contract.
3. The customer/guest undertakes to inform us, together with the reservation request, of any allergies and food intolerances of him or the persons for whom this reservation request applies. The customer/guest warrants that the data provided to us is correct and complete. He undertakes to inform us immediately of any changes to the data.
4. Additional services such as floral decorations, special prints of menu cards etc. and agency services such as artists, musicians etc. will be charged separately. 
5. Upon acceptance of the reservation request (No. 1) by us, a hospitality contract is concluded between the contracting parties. The customer/guest undertakes to attend the reserved date, to arrive punctually and to select and order from the food and drinks offered on the menu; we undertake with the hospitality contract to keep the reserved table free for the agreed date and to serve the guest/guests with our gastronomic services plus (ordered) other services in accordance with the standards of our establishment.
6. If the customer/guest is more than 30 minutes late, he/she loses the right to the reserved seating. 
7. In the event of late cancellation (§ 4 No. 1) or if the customer/guest does not appear at all or appears more than 30 minutes later than the reserved time, he/she shall be liable for damages; in this case, a lumpsum compensation (no-show fee, § 4 No. 2 + 3), less any expenses saved on our part, shall be payable. The contractual partner is at liberty to provide evidence of greater savings in expenses. A no-show fee shall not be charged if we are still able to assign the table/place you have canceled to other guests at short notice.
8. If a reservation request is made 14 days or less before the desired reservation date, a contract can only be accepted if the customer/guest expressly declares that we should begin with the fulfillment of the hospitality contract before the expiry of the revocation period (§ 7 No. 1) and he expressly confirms before the start of the execution that he is aware that he loses his right of revocation upon complete fulfillment of the contract by us.

§ 3 Vouchers

The following conditions apply to the redemption of vouchers issued by us:

1. A voucher can only be used to pay for the food and drinks offered and consumed in our restaurant. Cash payment of the voucher amount is not possible.
2. A voucher can only be used once for payment (up to the total amount shown therein). It is not possible to split the voucher amount (e.g. over several visits).
3. Any remaining amounts (in the event that the price of the food and drinks consumed does not fully reach the total amount shown in the voucher) cannot be paid out in cash.

§ 4 Cancellation/ No Show Fee

1. Cancellation of a hospitality contract concluded in accordance with § 2 may be made free of charge up to 24 hours before the reserved date (receipt by us) in whole or in part (i.e. with regard to individual seats/guests) in writing, by telephone or by e-mail. 
2. In the event of cancellation after the date specified in No. 1, or if the customer/guest does not appear at all or appears more than 30 minutes later after the reserved date, a flat-rate compensation fee (no-show fee) of EUR 30.00 per person who did not appear (i.e. also with regard to individual seats/guests) shall be payable. Notwithstanding the above, for reservations of up to 4 persons, the aforementioned fee shall be payable per person if the cancellation is made in full or with regard to individual seats/guests less than 6 hours before the reserved date (receipt by us).
3. Notwithstanding no. 1, for special occasions (Valentine's Day, New Year's Eve, special events etc.) - irrespective of the number of persons - a cancellation deadline of at least 48 hours before the reserved date (receipt by us) applies. In these cases, a no-show fee of EUR 50.00 per person shall be payable in deviation from No. 2, provided that the cancellation is made in full or with regard to individual seats/guests less than 24 hours before the reserved date (receipt by us), or the customer/guest is more than 30 minutes late.
4. The provisions in nos. 2 and 3 shall also apply if the customers/guests appear but do not take up the reserved seats but leave our restaurant again. This applies in particular in the event that more people show up than announced in the reservation and it is not possible for us to provide additional seats. We ask for your understanding, as we are bound to a certain room layout and a maximum number of guests due to our room concept and existing public law obligations.
5. If the catering contract includes ancillary or agency services (see § 2 No. 4), the contractual partner must reimburse us in full for the cancellation fees charged.

§ 5 Withdrawal by PULS Restaurant & Bar

1. Insofar as a right of withdrawal free of charge (cancellation) by the contractual partner within a certain period has been agreed, our company shall be entitled to withdraw from the hospitality contract during this period.
2. We may also withdraw from the contract under the following conditions, without the contractual partner being able to derive any claims against us from this:
a) in cases of force majeure or in other cases for which we are not responsible, if this makes it impossible to fulfill the contract;
b) If there is reason to suspect that the smooth running of the business, the safety or the reputation of our hotel or our guests is endangered by the fulfillment of the contract;
c) The contract was concluded on the basis of misleading or false information or due to the concealment of important facts, e.g. in the person of the customer/guest or the purpose of the conclusion of the contract.

§ 6 Liability

1. A claim for damages by the customer/guest is excluded to the extent permitted by law.
2. We are not liable for malfunctions or impairments of technical equipment or other events affecting the reservation, unless these are due to intent or gross negligence on our part or on the part of our vicarious agents.
3. We shall be liable in accordance with the statutory provisions if the customer/guest asserts claims for damages based on intent or gross negligence, including intent or gross negligence on the part of our legal representatives or vicarious agents. Insofar as we are not accused of intentional or grossly negligent breach of contract, the liability for damages is limited to the foreseeable, typically occurring damage and limited to a maximum of the agreed total price.
4 Liability for loss or damage to items left or brought in by the customer/guest, in particular for items left in the checkroom, shall be borne by the customer/guest. The customer/guest shall bear the risk of damage to or destruction of items left by the customer/guest on the restaurant premises after the end of the contract. No safekeeping contract shall be concluded between the parties.
5. Liability for culpable injury to life, limb or health remains unaffected; they also do not apply to claims arising from the Product Liability Act, fraudulently concealed defects or from a guarantee or for all other cases in which the statutory liability rules are mandatory.
6. The above provisions shall apply accordingly to any personal liability of our executive bodies, representatives and vicarious agents.

§ 7 Cancellation / Cancellation policy

If the customer/guest is an entrepreneur within the meaning of § 14 BGB (German Civil Code), he/she shall not be entitled to a right of revocation. Customers/guests who are consumers have a right of revocation in accordance with the following provisions:

1. Right of revocation
You have the right to cancel the contract within fourteen days without giving any reason if such a contract was concluded with us online. The withdrawal period is fourteen days from the date of conclusion of the contract.

To exercise your right of withdrawal, you must contact us at

PULS Restaurant & Bar
Owner PULS Gastronomie GmbH
Frankenwerft 1
50667 Cologne
Phone: 0221/ 22 28 87 00
E-mail: info@puls-restobar.de

by means of a clear statement (e.g. a letter sent by post, fax or e-mail) of your decision to withdraw from the contract. You can use the wording suggested here, but this is not mandatory. To comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.

2. Consequences of withdrawal
If you withdraw from a contract concluded with us online, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this repayment.

If you have requested that the hospitality contract should commence during the withdrawal period, you shall pay us a reasonable amount corresponding to the proportion of the services already provided by the time you inform us of the exercise of the right of withdrawal with regard to this contract compared to the total scope of the services provided for in the contract (see also § 3 No. 3).
 
3. Expiry of the right of withdrawal:
The right of revocation expires if we have already provided the service in full or have only started to perform the contract after 

1. You have expressly consented to us commencing performance of the contract before expiry of the withdrawal period, and
2. You expressly confirm before the start of performance that you are aware that you will forfeit your right of revocation upon complete fulfillment of the contract by us.

Sample withdrawal form
If you wish to withdraw from the contract, please fill out this form and send it back to

PULS Restaurant & Bar
Owner PULS Gastronomie GmbH
Frankenwerft 1
50667 Cologne
Phone: 0221/ 22 28 87 00
E-mail: info@puls-restobar.de

I/we (*) hereby revoke the hospitality contract concluded by me/us (*)
Ordered on (*)/received on (*)
_________________
Name of the consumer(s)
_________________
Address of the consumer(s)
_________________
Signature of the consumer(s) (only for notification on paper)
_________________
The date
_________________
(*) Delete as appropriate

§ 8 Alternative dispute resolution (Art. 14 para. 1 ODR-VO; Section 36 VSBG)

The European Commission provides a platform for online dispute resolution (OS), which you can find at ec.europa.eu/consumers/odr. We are not obliged or willing to participate in dispute resolution proceedings before a consumer arbitration board.

§ 9 Final provisions

1. All amounts stated here are inclusive of statutory value added tax. Payments on site at our premises are only possible in euros and generally only by cash or EC card (from € 10). Alternatively, we offer payment by the following credit cards for amounts of at least EUR 50.00: Master-Card, VISA-Card, American Express; other cards are not accepted.
2. The contractual partner shall only be entitled to a right of set-off if his counterclaims have been legally established or are undisputed.
3. All claims against our company shall generally become statute-barred one year after the beginning of the regular limitation period of § 199 para. 1 BGB (German Civil Code). Claims for damages shall become statute-barred after three years irrespective of knowledge. The shortening of the limitation period shall not apply to claims based on an intentional or grossly negligent breach of duty by our company.
4. Insofar as individual contracts contain deviating provisions, these shall take precedence over our General Terms and Conditions of Business. The general terms and conditions and the written agreements of both contracting parties reflect the agreements of the contracting parties in full. There are no subsidiary agreements. Amendments and additions to the hospitality contract must be made in writing, unless the law prescribes a stricter form; this also applies to an amendment or waiver of the written form requirement itself.
5. The hospitality contract is subject to German law. The place of performance and jurisdiction shall be Cologne, Germany, to the extent permitted by law.
6. Should individual provisions of these terms and conditions or of the hospitality contract be or become invalid or should a loophole be found in these terms and conditions or in the contract, the validity of all other provisions of these terms and conditions or of the contract shall not be affected. In place of the invalid provisions or to fill the gap, an appropriate provision shall apply which - as far as legally possible - comes closest to what the contracting parties intended or would have intended according to the meaning and purpose of these provisions or the contract if they had considered the point.
Cologne, 22.12.2023