Our general terms and conditions
1. Scope of application
1. These terms and conditions apply to contracts for the rental of hotel rooms for accommodation and other hotel services (hotel accommodation contract).
2. The subletting or re-letting of the leased rooms as well as their use for purposes other than accommodation require the prior consent of the hotel in writing.
3. General terms and conditions of the customer only apply if this has been expressly agreed in writing beforehand.
2. Conclusion of contract, partner, statute of limitations
1. The hotel is free to confirm the room booking in text form.
2. The contractual partners are the hotel and the customer. If a third party has ordered for the customer, he and the customer are jointly and severally liable to the hotel.
3. All claims against the hotel become statute-barred one year from the start of the statutory limitation period. Claims for damages expire after five years. The shortening of the limitation period does not apply to claims based on an intentional or grossly negligent breach of duty by the hotel.
3. Services, prices, payment, offsetting
1. The hotel is obliged to keep the rooms booked by the customer available and to provide the agreed services.
2. The customer is obliged to pay for the room provided and the other services used at the hotel's current prices. This also applies to services and expenses of the hotel to third parties initiated by the customer. The agreed prices include the respective statutory sales tax.
3. The hotel can make its consent to a subsequent reduction in the number of booked rooms, the hotel's services or the customer's length of stay, as requested by the customer, dependent on the price of the rooms and / or other hotel services increasing / p>
4. Hotel invoices are payable within 14 days of the invoice being sent without any deductions. In the event of default in payment, the hotel is entitled to a lump sum (late payment surcharges, processing fee) i. H. v. 25.00 CHF to be charged.
5. The hotel is entitled to request an advance payment or security deposit from the customer upon conclusion of the contract.
6. In justified cases, e.g. the customer's payment arrears, the hotel is entitled to refuse further services.
7. The customer can only offset or offset against an undisputed or legally binding claim against a claim by the hotel.
4. Withdrawal by the customer (cancellation, cancellation and no-show)
1. Cancellation by the customer of the contract concluded with the hotel requires the hotel's consent in writing. If this is not done, the price agreed in the contract must be paid even if the customer does not make use of the contractual services.
2. If an appointment for free withdrawal from the contract has been agreed in writing between the hotel and the customer, the customer can withdraw from the contract until then without triggering payment or damage claims by the hotel. The customer's right of withdrawal expires if he does not exercise his right to withdraw from the hotel in writing by the agreed date.
3. In the case of rooms not used by the customer, the hotel must offset the income from renting these rooms to other parties. If the rooms are not rented to someone else, the hotel can charge 100% of the contractually agreed remuneration.
4. The right to withdraw from the contract concluded with the hotel expires two weeks before the contractually regulated arrival date. Note: According to Directive 2011/83 / EU of the European Parliament, Article 16, the 14-day right of withdrawal does not apply to hotel bookings. The hotel's cancellation conditions apply.
5. Cancellation by the hotel
1. If it has been agreed in text form that the customer can withdraw from the contract free of charge within a certain period, the hotel is also entitled to withdraw from the contract during this period (e.g. failure to comply with the contractually agreed advance payment).
2. If the hotel is justified in withdrawing from the contract, the customer has no right to compensation.
6. Room provision, handover and return
1. The customer has no right to the provision of certain rooms, unless this has been expressly agreed in writing.
2. Booked rooms are available to the customer from 3:00 p.m. on the agreed arrival date. The customer has no right to earlier availability.
3. On the agreed departure date, the rooms must be vacated and made available to the hotel by 11:00 a.m. at the latest. Thereafter, due to the late vacating of the room, the hotel can charge 50% of the full accommodation price (list price) for its use beyond the contract until 2:00 p.m., then 100%.
7. Liability of the hotel
1. The hotel is liable for its obligations under the contract. Customer claims for compensation are excluded. Excluded from this are damage resulting from injury to life, limb or health if the hotel is responsible for the breach of duty, other damage that is based on an intentional or grossly negligent breach of duty by the hotel and damage that is based on an intentional or negligent breach of typical contractual obligations of the hotel. Should disruptions or deficiencies in the hotel's services occur, the hotel will endeavor to remedy the situation if it becomes aware of it or if the customer complains immediately. The customer is obliged to do what is reasonable for him to remedy the disruption and to keep possible damage to a minimum.
2. The hotel is liable to the customer for items brought in according to the statutory provisions. According to this, liability is limited to one hundred times the room rate, but no more than CHF 3,500 and, in deviation for money, securities and valuables, a maximum of CHF 800. Money, securities and valuables up to a maximum value of CHF 3,500 can be stored in the hotel safe.
3. If the customer is provided with a parking space in the garage or on a hotel parking lot, even for a fee, this does not result in a safekeeping agreement. The hotel is not liable for loss of or damage to vehicles, trailers, motorbikes or trailers parked or maneuvered on the hotel property and their contents, except in the case of willful intent or gross negligence.
8. Final provisions
1. Changes and additions to the contract or these general terms and conditions should be made in writing. Unilateral changes or additions by the customer are ineffective.
2. The place of fulfillment and payment is the location of the hotel.
3. Swiss law applies. The application of the UN Sales Convention and the conflict of laws or similar is excluded.
4. Should individual provisions of these general terms and conditions be or become ineffective or void, this shall not affect the validity of the remaining provisions. In addition, the statutory provisions apply.
House on the edge of the forest | 7018 Flims Waldhaus | Last updated: 2021