Version: March 2024
1 SCOPE OF APPLICABILITY
1.1 These terms and conditions govern contracts for the rental use of hotel rooms for lodging purposes, as well as all other goods and services rendered by the hotel to the customer in this con-text (Hotel Accommodation Contract). The term “Hotel Accommodation Contract” comprises and replaces the following terms: accommodation, lodging, hotel, hotel room contract.
1.2 The hotel’s prior consent in written form is required if rooms provided are to be sublet or rented to a third party, or used for other than lodging purposes.
1.3 The customer’s general terms and conditions shall apply only if previously expressly agreed to.
2 CONCLUSION OF CONTRACT, PARTIES
The hotel and the customer are the contracting parties. The con-tract shall come into force upon the hotel’s acceptance of the customer’s offer. At its discretion, the hotel may confirm the room reservation in written form.
3 SERVICES, PRICES, PAYMENT, SET-OFF
3.1 The hotel is obligated to keep the rooms reserved by the custom-er available and to render the agreed services.
3.2 The customer is obligated to pay the agreed or applicable hotel prices for rooms provided and for other services accepted. This also applies to services ordered by the customer directly or via the hotel, which a third party provides and the hotel disburses.
3.3 The agreed prices include all taxes and local duties in effect at the time of the conclusion of contract. This does not include locally levied duties, which are owed by the guest himself ac-cording to the particular municipal law, such as visitor’s tax.
If the statutory value added tax is changed or if local duties concerning the services rendered are newly introduced, changed or abolished after these have been contractually agreed upon, the prices will be adjusted accordingly.
3.4 The hotel can make its consent to the customer’s later request for a reduction of the number of reserved rooms, services of the hotel or the customer’s length of stay dependent on an increase of the price for the rooms and/or the other services.
3.5 Hotel invoices not stating a due date are payable without deduction and due within ten days of receipt of invoice. The hotel can demand immediate payment of due debt from the customer at any time. For invoices stating a due date, default interest of 5 % shall be due from that date onwards. For all other invoices the customer shall be in default upon receipt of the dunning no-tice and default interest to the amount of 5 % shall be due from the dunning date onwards.
3.6 The hotel is entitled to require a reasonable advance payment or a security, such as a credit card guarantee, from the customer upon conclusion of the contract. The amount of the advance payment and payment dates may be agreed in written form in the con-tract. The statutory provisions shall remain unaffected for advance payments or a security for package tours.
3.7 In justified cases, e.g. the customer’s default in payment or expansion of the scope of contract, the hotel shall be entitled, also after the conclusion of the contract up to the commencement of the stay, to demand an advance payment or a security within the meaning of the above-mentioned No. 3.6 or an increase of the advance payment or a security agreed in the contract up to the total agreed compensation.
3.8 Furthermore, the hotel shall be entitled, at the commencement and during the customer’s stay, to demand a reasonable advance payment or security deposit within the meaning of the above-mentioned No. 3.6 for existing and future accounts receivable from the contract, insofar as such has not already been paid pursuant to the above-mentioned No. 3.6 and/or No. 3.7.
3.9 The customer may only set-off, reduce or clear a claim by the hotel with a claim which is undisputed or decided with final, res judicata effect.
4 WITHDRAWAL OF THE CUSTOMER (CANCELLATION, ANNULMENT)/
FAILURE TO USE HOTEL SERVICES (NO SHOW)
4.1 The customer can only withdraw from the contract concluded with the hotel if a right of withdrawal was explicitly agreed upon in the contract, another statutory right of withdrawal exists or if the hotel gives its explicit consent to the termination of con-tract. The contractual agreement of a right of withdrawal as well as the consent to withdrawal from the contract shall be in written from.
4.2 Insofar as the hotel and customer have agreed upon a date for a cost-free withdrawal from the contract, the customer may with-draw from the contract up to that date without incurring payment or damage compensation claims by the hotel. The customer’s right of withdrawal shall expire, if he does not exercise his right of withdrawal vis-à-vis the hotel by the agreed date.
4.3 If a contractual right of withdrawal has not been agreed or has expired, a statutory right of withdrawal or cancellation is not given and the hotel does not give its consent to the cancellation of the contract, the hotel is entitled to the contractually agreed rate despite any non-utilization of services.
5 WITHDRAWAL OF THE HOTEL
5.1 Insofar as it was agreed that the customer can withdraw from the contract at no cost within a certain period of time, the hotel is entitled for its part to withdraw from the contract during this period of time if inquiries from other customers regarding the contractually reserved rooms exist and the customer, upon inquiry thereof by the hotel with a reasonable deadline set, does not waive his right of withdrawal.
5.2 If an agreed advance payment or an advance payment or a security demanded pursuant to No. 3.6 and/or No. 3.7 is not made even after a reasonable grace period set by the hotel has expired, then the hotel is likewise entitled to withdraw from the contract.
5.3 Moreover, the hotel is entitled to effect extraordinary withdrawal from the contract for a materially justifiable cause, in particular if
- force majeure or other circumstances beyond the hotel’s control render the fulfilment of the contract impossible;
- rooms or spaces are reserved with culpably misleading or false information or concealment regarding essential facts; the identity or solvency of the customer or the purpose of his stay can constitute essential facts;
- the hotel has justified cause to believe that use of the hotel’s services might jeopardize the smooth operation of the hotel, its security or public reputation, without being attributable to the hotel’s sphere of control or organization;
- the purpose or the reason of the stay is illegal;
- there is a breach of the above-mentioned No. 1.2.
5.4 The justified withdrawal by the hotel does not constitute a claim for damages by the customer.
6 ROOM AVAILABILITY, DELIVERY AND RETURN
6.1 The customer does not acquire the right to be provided specific rooms insofar as this is not expressly agreed to in writing.
6.2 Rooms booked for up to 9 persons are available to the customer starting at 3:00 p.m. on the agreed arrival date. Rooms booked for 10 or more persons are available to the customer starting at 4:00 p.m. on the agreed arrival date. The customer has no entitlement to earlier availability.
6.3 Rooms booked for up to 9 persons must be vacated and made avail-able to the hotel no later than 12:00 noon on the agreed departure date. Rooms booked for 10 or more persons must be vacated and made available to the hotel no later than 10:00 a.m. After that time, on the grounds of the delayed vacating of the room for use exceeding the contractual time, the hotel may charge 50 % of the full accommodation rate (list price) for the additional use of the room until 6:00 p.m. (after 6:00 p.m.: 90 %). Contractual claims of the customer shall not be established hereby. The customer shall be at liberty to prove that the hotel has no or a much lower claim for charges for use of the room.
7 LIABILITY OF THE HOTEL
7.1 The hotel’s liability for damages to the customer is excluded completely to the extent permitted by law. The liability for other damage caused with full intent or gross negligence is excepted. Should disruptions or defects in the performance of the hotel occur, the hotel shall act to remedy such upon knowledge thereof or upon objection by the customer made without undue de-lay. The customer shall be obliged to undertake actions reasonable for him to eliminate the disruption and to keep any possible damage to a minimum.
7.2 The hotel is liable to the customer for damage to, destruction of or theft of objects brought into the hotel, in so far as it cannot prove that the damage, destruction or theft was caused by the customer himself, his visitors, companions or attendants or through force majeure or through the properties of the object itself up to a maximum value of CHF 1,000.00. Larger amounts of cash, up to a maximum value of CHF 10`000 securities, stocks, bonds or valuables can be stored in the hotel safe or room safe up to a maximum value of CHF 5`000 The hotel recommends making use of this possibility.
7.3 Insofar as a parking space is provided to the customer in the hotel garage or a hotel parking lot, this does not constitute a safekeeping agreement, even if a fee is exchanged. The hotel on-ly assumes liability for loss of or damage to motor vehicles parked or manoeuvred on the hotel’s property and the contents thereof in accordance with the preceding No. 7.1, sentences 1 and 2.
7.4 Wake-up calls are carried out by the hotel with great diligence. Messages, mail, and merchandise deliveries for guests are handled with great care. The hotel shall deliver, hold, and, for a fee, forward such items (on request). The hotel only assumes li-ability according to the preceding No. 7.1, sentences 1 and 2.
7.5 Handling of Lost Property
All items found in the hotel are carefully stored for a period of three months. The owner, if known, will be notified immediately. After the storage period expires, valuables are handed over to the local lost and found office. Clothing and similar items are donated to a charitable organization. The hotel assumes no liability for loss or damage of found items, unless due to gross negligence or intent by the hotel.
8 LIABILITY OF THE CUSTOMER FOR DAMAGES
The customer shall be liable for all damages to building and inventory caused by him.
9 FINAL PROVISIONS
9.1 Amendments and supplements to the contract, the acceptance of offers or these general terms and conditions should be made in written form. Unilateral amendments or supplements by the customer are invalid.
9.2 Place of performance and payment is the registered office of the hotel.
9.3 The sole place of jurisdiction - also regarding exchange and cheque disputes - is the registered office of the hotel under company law.
9.4 The laws of Switzerland shall apply. The application of the UN Sales Convention and the provisions pertaining to the conflict of law is excluded.
9.5 Should individual provisions of these general terms and conditions be or become invalid or void, the validity of the remaining provisions shall remain unaffected thereby. The statutory provisions shall also be applicable.