Terms & Conditions
GENERAL TERMS AND CONDITIONS FOR THE GUEST ACCOMMODATION CONTRACT
Scope of application
- These Terms and Conditions shall 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 reletting 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 in advance.
Conclusion of Contract, Contracting Parties, Liability; Statute of Limitations
- The contract shall be concluded by the hotel's acceptance of the customer's application. The hotel shall be free to confirm the room reservation in writing.
- The contracting parties are the hotel and the customer. If a third party has ordered on behalf of the customer, he shall be liable to the hotel together with the customer as joint and several debtors for all obligations arising from the hotel accommodation contract, provided that the hotel has received a corresponding declaration from the third party.
- The hotel shall be liable for its obligations under the contract. In the area not typical of services, 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 favour of the hotel in the event of a breach of obligations in the initiation of the contract and positive breach of contract.
Services, prices, payment, set-off
- The hotel is obligated to hold the rooms booked by the customer ready and to provide the agreed services.
- The customer shall be obliged to pay the prices of the hotel applicable or agreed for the provision of the rooms and the other 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 statutory value added tax.
- The prices may also be changed by the hotel if the customer subsequently requests changes in the number of rooms booked, the hotel's services or the length of stay of the guests and the hotel agrees to such changes.
- Invoices of the hotel without a due date are payable without deduction within 30 days of receipt of the invoice. The hotel shall be entitled to call in accrued claims at any time and to demand immediate payment. In the event of late payment, the hotel shall be 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 payment dates may be agreed in writing in the contract. The customer may only offset or reduce a claim of the hotel with an undisputed or legally binding claim.
Withdrawal of the customer (cancellation)
- Cancellation by the customer of the contract concluded with the hotel requires the hotel's written consent. If such consent is not given, the agreed price under the contract shall be payable even if the customer does not avail himself of contractual services. This shall not apply in cases of default in performance on the part of the hotel or an 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 up to that date without triggering claims for payment or damages on the part of the hotel. The customer's right to withdraw from the contract shall expire if he does not exercise his right to withdraw from the contract in writing to the hotel by the agreed date, unless there is a case of default in performance on the part of 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 as well as the expenses saved.
Cancellation by the hotel
- If the customer's right to withdraw from the contract within a certain period of time has been agreed in writing, the hotel shall be entitled to withdraw from the contract during this period if there are requests from other customers for the contractually booked rooms and the customer does not waive his right to withdraw from the contract upon inquiry by the hotel.
- If an agreed advance payment is not made even after expiry of a reasonable grace period set by the hotel with a warning of refusal, the hotel shall also be entitled to withdraw from the contract.
- Furthermore, the hotel is entitled to withdraw from the contract extraordinarily for factually justified reasons, for example if force majeure or other circumstances for which the hotel is not responsible make it impossible to fulfil the contract; rooms booked under misleading or false statements 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 service may jeopardise the smooth operation of the business, the security or the reputation of the hotel in public without this being attributable to the hotel's sphere of control or organisation. a breach of paragraph 2 above applies. The hotel shall inform the customer immediately of the exercise of the right of withdrawal.
- In the event of justified withdrawal by the hotel, the customer shall have no claim to compensation.
Room provision, handover and return
- The customer shall not be entitled to the provision of specific rooms.
- Booked rooms shall be available to the customer from 3.00 p.m. on the agreed day of arrival. The customer has no right to earlier availability.
- The rooms must be vacated and made available to the hotel no later than 11.00 a.m. on the agreed day of departure. After this time, the hotel may charge 50% of the full accommodation price (list price) for the additional use of the room until 6 p.m., and 100% after 6 p.m., in addition to any damage incurred by the hotel as a result. The customer is at liberty to prove to the hotel that the hotel has incurred no damage or significantly less damage.
Liability of the hotel
- The hotel shall be liable for the due care and diligence of a prudent businessman. This liability is in the area not typical for the service, but is limited to deficiencies in the service, damages, consequential damages or disruptions which are attributable to intent or gross negligence on the part of the hotel. In the event of disruptions or defects in the hotel's services, the hotel shall endeavour to remedy such upon knowledge thereof or upon immediate complaint by the customer. The customer is obligated to contribute what is reasonable to him in order to remedy the disruption and minimise any possible damage.
- The hotel shall be liable to the customer for items brought into the hotel in accordance with the statutory provisions (OR 487) up to a maximum of CHF 1,000. The hotel recommends making use of this possibility. Liability claims shall lapse unless the customer notifies the hotel immediately after becoming aware of the loss, destruction or damage (§ 703 BGB).
- Insofar as a parking space is made available to the customer in the multi-storey car park or in a hotel car park, even for a fee, this shall 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 and their contents, except in the case of intent or gross negligence. This also applies to vicarious agents of the hotel.
- Wake-up calls 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 shall be handled with care. The hotel shall undertake the delivery, safekeeping and - on request - forwarding of the same against payment. Claims for damages, except for gross negligence or intent, are excluded.
- Amendments or supplements to the contract, the acceptance of the application or these Terms and Conditions for Hotel Accommodation shall be made in writing. Unilateral amendments or supplements by the customer are invalid.
- The place of performance and payment shall be the registered office of the hotel.
- The exclusive place of jurisdiction - also for disputes concerning cheques and bills of exchange - in commercial transactions shall be the registered office of the hotel.
- Swiss law shall apply.
- 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.
Arosa, January 2022