General Terms and Conditions for the Hotel Accommodation Contract
Scope of application
- These Terms and Conditions apply to contracts for the rental of hotel rooms for lodging as well as for all other deliveries and services provided to customers by the hotel.
- Subletting rooms as well as using them for purposes other than for lodging requires the written approval of the hotel.
- Terms and conditions of the customers only apply if agreed beforehand.
Conclusion of contract, contractual partners, liability; limitation period
- The contract is concluded by the customer’s acceptance of the offer. The hotel is free to confirm the room reservation in writing.
- The hotel and the customer are contractual partners. If a third party places an order for the customer, they shall be liable towards the hotel together with the customer as co-debtor for all obligations from the hotel contract insofar as the hotel has a corresponding declaration of the third party.
- The hotel is liable for its obligations from the contract. The liability of the hotel for intent or gross negligence is limited in non-typical service areas.
- The period of limitation for all customer claims shall be 6 months.
- This limitation of liability and short period of limitation also applies in favour of the hotel in case of violations of obligations during contract initiation and positive contract violations.
Services, prices, payment, offsetting
- The hotel is obligated to hold the rooms booked by the customer ready and to perform all services as agreed upon. 2. The customer is obligated to pay the applicable or agreed price of the hotel for the accommodation and further services used. The same applies to services caused by the customer and to expenses of the hotel paid to third parties.
- The agreed prices include the statutory value-added tax.
- The prices can be modified by the hotel if the customer has made later changes to the number of booked rooms, services of the hotel or the duration of the guests’ stay and the hotel has agreed to them.
- Hotel invoices not showing a due date are due and payable in full within 30 days of receipt. The hotel is entitled to declare its accrued receivables to be due at any time and to demand immediate payment thereof. In the case of default of payment, the hotel is entitled to charge default interest.
- Pets are welcome. Price: CHF 10.00 per pet and per night (food not included). Pets authorised only with advance notification. Should excessive cleaning effort be required, the hotel shall charge the costs incurred to the contractual partner.
- The hotel is entitled to require a reasonable advance payment or security deposit upon conclusion of the contract or thereafter, observing the legal provisions for package tours. The amount of advance payment and the payment deadlines can be stipulated in writing in the contract.
- The customer can reduce or charge up against a claim made by the hostel with an undisputable or legally binding claim only.
Cancellation by the customer (cancellation, annulment)
- A contract cancellation on the part of the customer requires the written agreement of the hotel. If this is not done, the price agreed in the contract shall be paid, even if the customer does not avail of the contractual services. This does not apply in cases of delayed performance by the hotel or of impossibility of performance for which the hotel is at fault.
- If a date for cancellation of the contract has been agreed in writing between the hotel and the customer, then the customer may cancel the agreement until that date without giving rise to payment or damage claims on the part of the hotel. The Customer's right of cancellation lapses if he or she does not exercise this right towards the hotel in writing by the agreed date, provided there is no delay in performance by the hotel or impossibility of performance for which the hotel is at fault.
- If rooms are not used by the customer, the hotel must apply credit for the income from renting the rooms to other parties and also for saved expenses.
Cancellation by the hotel
- Where a free right to withdrawal from the contract on the part of the customer within an agreed time period has been agreed in writing, in this period the hotel is equally within its rights to withdraw from the contract if other customers wish to use the contractually reserved rooms and the customer will not relinquish his right of withdrawal from the contract.
- If payment of an agreed advance amount is not made even after a statutory deadline set by the hotel has elapsed, the hotel is entitled to withdraw from the contract.
- The hotel is further entitled to extraordinary cancellation of the contract if, e.g. instances of force majeure or other circumstances beyond the hotel’s control render fulfilment of the contract impossible; rooms are booked using misleading or false information, for instance concerning the customer’s identity or the purpose of the booking; the hotel has reason to believe that the customer’s availing of hotel services could jeopardise the smooth running, security or public reputation of the hotel for reasons not imputable to the management or running of the hotel; the customer is in breach of Section 2 above.
- The hotel must immediately inform the customer that it has exercised its right of cancellation.
- In the event of justified cancellation the customer has no right to damages. Availability, Provision and Return of Rooms
- The customer has no right to the provision of specific rooms.
- Booked rooms will be made available to the customer from 2:00 pm onwards on the agreed day of arrival. The customer has no right to the early provision of rooms.
- On the agreed departure date the rooms must be vacated and made available to the hotel by 11:00 am. The hotel may charge 50% of the full lodging price (list price) for the additional use of the room until 6:00 pm, and 100% from 6:00 pm, in addition to damages suffered as a result. The customer is free to prove to the hotel that it has suffered no or significantly lower damage.
- With a request or reservation, be it in written form or via telephone, the contractual partner agrees that his personal data will be stored and used by Samnaunerhof AG for the purpose of internal administration as well as for marketing purposes by e-mail and post.
- The data will be stored internally until the customer revokes this in a written form.
- The contracting party may revoke the consent for data storage and / or marketing purposes at any time in writing an e-mail or by post.
Liability of the hotel
- The hotel undertakes to fulfil its contractual obligations with the due care of a prudent businessman. Said liability shall be in the area not typical of its performance, although it shall be limited to defects in performance, damage, consequential damage or disturbances that may be attributed to the hotel's intent or gross negligence. Should any disturbances or deficiencies affect the services of the hotel, the hotel is obliged to take corrective action upon being informed of them or at the behest of the customer. The customer is obliged to contribute to a reasonable degree to alleviate the disruption and minimise the damage.
- The hotel's liability for objects brought in by the costumer shall be limited to a maximum of CHF 1,000 pursuant to legal provisions (OR 487). The hotel recommends making use of this possibility. The hotel shall not be liable if the customer fails to notify it immediately on becoming aware of the loss, damage or destruction of their property (Sec. 703 BGB).
- A parking space provided for the customer on the hotel parking lot or in the underground garage, even for a fee, does not establish a contract of secure custody. Should there be any theft or damage of any vehicle parked on the hotel property, the hotel cannot be held responsible except in the case of deliberate or gross negligence. This also applies to those employed by the hotel.
- Wake-up services shall be performed by the hotel with the greatest care. Claims for damages are excluded, except in cases of gross negligence or wilful intent.
- Messages, mail, and merchandise deliveries for guests are handled with care. The hotel shall carry out the delivery, storage, and, upon request and at a charge, the forwarding of such aforementioned items. Claims for damages are excluded, except in cases of gross negligence or wilful intent.
- Amendments or supplements to the contract, the application acceptance or these general terms and conditions must be made in writing. Unilateral amendments or supplements by the customer are invalid.
- The place of fulfilment and payment is the seat of the hotel.
- The exclusive place of jurisdiction - including disputes concerning cheques and bills of exchange - for commercial activities is that of the registered office of the hotel.
- Swiss law shall apply.
- If individual provisions of these General Terms and Conditions for hotel accommodation should be or become legally invalid, the validity of the remaining provisions shall not be affected thereby. In other respects, the legal provisions apply.