GENERAL. TERMS AND CONDITIONS
- These General Terms and Conditions of Business (GTC) apply to contracts for the rental of hotel rooms for lodging purposes as well as to all other services and deliveries provided by the hotel for the customer.
- The subletting or further leasing of the rooms provided as well as their use for purposes other than accommodation shall require the prior written consent of the Hotel.
- The customer’s terms and conditions shall only apply if this has been agreed upon beforehand.
CONCLUSION OF CONTRACT, PARTNER, LIABILITY; LIMITATION PERIOD
- The contract shall come into effect upon acceptance of the customer’s application by the hotel. The hotel is free to confirm the room reservation in writing.
- The contractual partners are the hotel and the customer. If a third party has placed an order on behalf of the customer, the customer is liable to the hotel together with the customer as joint and several debtor for all obligations arising from the hotel accommodation contract, provided the hotel has a corresponding declaration by the third party.
- The hotel is liable for its obligations under the contract. In areas not typical of the service, liability is limited to intent and gross negligence on the part of the hotel.
- The limitation period for all claims of the customer is 6 months.
- This limitation of liability and short period of limitation shall also apply in favor of the hotel in the event of breach of obligations in the initiation of the contract and positive breach of contract.
OFFSETTING, PAYMENT, PRICES, SERVICES, PAYMENT
- The hotel is obliged to keep the rooms booked by the customer ready and to provide the agreed services.
- The customer is obligated to pay the hotel’s applicable or agreed prices for the room rental and the additional services used by the customer. This shall also apply to services and expenses of the hotel to third parties arranged by the customer.
- The agreed prices include the respective legal value added tax.
- Furthermore, the hotel may change the prices if the customer subsequently requests changes in the number of booked rooms, the hotel’s services or the length of stay of the guests and the hotel agrees to such changes.
- Hotel invoices without a due date are payable within 30 days of receipt of the invoice without deduction. The hotel is entitled to declare accrued claims due at any time and to demand immediate payment. In the event of late payment, the hotel is entitled to charge interest on arrears.
- The hotel is entitled to demand a reasonable advance payment or security deposit upon conclusion of the contract or thereafter, taking into account the legal provisions for package tours. The amount of the advance payment and the dates of payment may be agreed in writing in the contract.
- The customer may only offset or reduce a claim of the hotel against a claim of the hotel with an undisputed or legally valid claim.
WITHDRAWAL OF THE CUSTOMER (CANCELLATION, CANCELLATION)
- Any rescission by the customer of the contract concluded with the hotel requires the hotel’s written consent. If such consent is not obtained, the agreed price under the contract is payable even if the customer does not make use of contractual services. This shall not apply in cases of default in performance by the hotel or in the event of impossibility of performance for which the hotel is responsible.
- If a date for withdrawal from the contract has been agreed in writing between the hotel and the customer, the customer may withdraw from the contract until that date without incurring payment or damage compensation claims by the hotel. The customer’s right of rescission expires if he does not exercise his right of rescission in writing to the hotel by the agreed date, unless there is a case of default in performance by the hotel or an impossibility of performance for which the hotel is responsible.
- In the case of rooms not used by the customer, the hotel shall credit the income from renting the rooms to other parties and the expenses saved.
CANCELLATION OF THE HOTEL
- If the customer’s right of rescission has been agreed in writing within a certain period, the hotel is entitled for its part to rescind the contract during this period if there are inquiries from other customers regarding the contractually booked rooms and the customer does not waive his right of rescission upon inquiry by the hotel.
- If an agreed advance payment is not made even after a reasonable grace period set by the hotel with threat of refusal has expired, the hotel is likewise entitled to rescind the contract.
- Furthermore, the hotel is entitled to withdraw from the contract extraordinarily for a factually justified reason, for example if force majeure or other circumstances beyond the hotel’s control make the performance of the contract impossible; rooms under misleading or false indication of material facts, e.g. in the person of the customer or the purpose; the hotel has reasonable cause to believe that the use of the hotel’s services may jeopardize the smooth operation of the business, the safety or the public reputation of the hotel, without this being attributable to the hotel’s sphere of control or organization. a violation of the above scope of application paragraph 2 exists.
- The hotel must inform the customer immediately of the exercise of the right of withdrawal.
- In the event of justified withdrawal by the hotel, the customer shall not be entitled to claim damages.
ROOM PROVISION, HANDOVER AND RETURN
- The customer does not acquire any claim to the provision of specific rooms.
- Booked rooms are available to the customer from 15.00 hours on the agreed arrival day. The customer has no claim to earlier availability.
- On the agreed day of departure, the rooms must be vacated and made available to the hotel no later than 12.00 noon. After that time, the hotel may charge 50% of the full accommodation price (list price) for the additional use of the room until 6:00 p.m. in addition to the damage incurred by the hotel as a result, and 100% after 6:00 p.m. The customer is at liberty to prove to the hotel that it has incurred no or significantly lower damages.
LIABILITY OF THE HOTEL
- The hotel is liable for the diligence of a prudent businessman. This liability is not typical of the service provided, but is limited to deficiencies in service, damage, consequential damage or disruptions caused by intent or gross negligence on the part of the hotel. Should disruptions or defects in the hotel’s services occur, the hotel will endeavor to remedy such upon knowledge thereof or upon the customer’s immediate complaint. The customer is obligated to make all reasonable efforts to remedy the disruption and minimize any possible damage.
- The hotel shall be liable to the customer for items brought in in accordance with the statutory provisions (OR 487) up to a maximum of CHF 1000. The hotel recommends making use of this possibility. The liability claims shall expire unless the customer notifies the hotel immediately after becoming aware of loss, destruction or damage (§ 703 BGB).
- Insofar as the customer is provided with a parking space in the car park or in a hotel parking lot, even if a fee is charged, this does not constitute a safekeeping contract. The hotel shall not be liable for loss of or damage to motor vehicles parked or manoeuvred on the hotel’s property or their contents, except in cases of intent or gross negligence. This also applies to the hotel’s vicarious agents.
- Wake-up orders are carried out by the hotel with the utmost care. Claims for damages, except for gross negligence or intent, are excluded.
- Messages, mail and consignments of goods for the guests are treated with care. The hotel will take care of the delivery, storage and – if desired – for a fee the forwarding of the same. Claims for damages, except for gross negligence or intent, are excluded.
- Amendments or supplements to the contract, the acceptance of applications or these terms and conditions for hotel accommodation should be made in writing. Unilateral amendments or additions by the customer are invalid.
- Place of performance and payment is the registered office of the hotel.
- The exclusive place of jurisdiction – also for disputes concerning checks and bills of exchange – in commercial transactions is the registered office of the hotel.
- Swiss law applies.
- Should individual provisions of these General Terms and Conditions for Hotel Accommodation 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.