General Terms and Conditions

General Terms and Conditions

 

1. Scope of application

These general terms and conditions apply to all agreed services and payments to Château Gütsch AG. Château Gütsch AG does not accept any general terms and conditions of the contractual partner.

The reserved room is only available to the customer during the period agreed in writing.

Any use of the room prior to and/or beyond the agreed period requires a prior consent from side of Hotel Château Gütsch.

 

2. Definitions of terms:

“Accommodation Provider”: Is a natural or legal person who accommodates guests against payment.

“Guest”: is a natural person who makes use of accommodation. As a rule, the guest is also the contracting party. Those persons who arrive with the contracting party (e.g. family members, friends, etc.) are also be considered as guests.

“Contracting Party”: Means a natural or legal person, who nationally or abroad concludes an accommodation contract as a guest or on behalf of a guest.

“Consumer” and “Entrepreneur”: The terms shall be understood in the sense of the Swiss Consumer Protection Act.

“Accommodation contract”: Means the contract concluded between the accommodation provider and the contracting party, which content’s is regulated in more detail below.

 

3. Conclusion of contract – deposit

Unless otherwise agreed, prices are quoted in Swiss francs per night including the statutory VAT applicable at the time of booking.

3.1 The accommodation contract shall be concluded upon acceptance of the contracting party’s order by the accommodation provider. Electronic declarations shall be deemed to have been received if the contracting party for whom they are intended is able to retrieve them under normal circumstances and if they are received during the published business hours of the accommodation provider.

3.2 The accommodation provider shall be entitled to conclude the accommodation agreement on condition that the contracting party provides a payment method as a guarantee. In such case, the accommodation provider shall be obliged to inform the contracting party of the required type of guarantee, weather a deposit or a full pre-payment of the accommodation’s costs before accepting the written or oral order of the contracting party. If the contracting party agrees to the down payment (in writing or orally), the Accommodation Agreement shall be concluded upon receipt of the declaration of agreement on the payment of the down payment by the contracting party by the accommodation provider.

3.3 The non-refundable rate shall be paid directly. The credit card provided by the contracting party for the non-refundable rate must be presented at the reception of Château Gütsch AG upon arrival. In case of a standard rate the contracting partner is obliged to pay the deposit 14 days before arrival. The costs of the money transaction (e.g. transfer charges) shall be borne by the contracting partner. For credit and debit cards, the respective conditions of the card companies apply.

3.4 The deposit is a full pre-payment on the agreed fee excluded the city taxes and the resort fees.

The contracting party may transfer the amounts due to the bank account of Château Gütsch AG shown below.

Bank: Banque Heritage

Name: Chateau Gütsch AG

IBAN: CH27 0878 8010 2269 0000 1

SWIFT: HFTCCHGGXXX

NOTE: Date Event

 

4. Start and end of accommodation

4.1 The contracting party shall be entitled to occupy the rented rooms from 3 p.m. on the agreed day (“arrival day”), unless the accommodation provider offers a different occupation time.

4.2 If a room is occupied for the first time before 6:00 a.m., the previous night shall count as the first overnight stay.

4.3 The rented rooms shall be vacated by the contracting party by 11:00 a.m. on the day of departure. The accommodation provider shall be entitled to charge for an additional day if the rented rooms have not been vacated in due time.

 

5. Cancellation of the accommodation contract – cancellation fee

Cancellation by the Accommodation Provider

5.1 If the Accommodation Agreement demands for a pre-payment and if the contracting party has not paid the requested pre-payment in due time, the accommodation provider may withdraw from the Accommodation Agreement without granting a grace period.

5.2 If the contracting party has paid a pre-payment (see 3.3), the rooms shall remain reserved until 11.30 p.m. of the day following the agreed date of arrival at the latest.

5.3 The accommodation provider may terminate the Accommodation Agreement for objectively justified reasons by means of a unilateral declaration no later than 3 months before the agreed date of arrival of the contracting party, unless agreed otherwise.

 

6. Cancellation by the Contracting Party

In case of a standard rate is applied a free cancellation or modification up to 48 hours before the time of arrival (3 p.m.), thereafter 100% shall be charged. In case of a non-refundable rate the contracting party will be charged the total price of the reservation if they cancel at any time, a modification is not possible for the non-fundable rate.

 

7. Provision of substitute accommodation

7.1 The accommodation provider may provide the contracting party or the guests with adequate substitute accommodation (of the same quality) if this can reasonably be expected of the contracting party, in particular if the deviation is minor and objectively justified.

7.2 An objective justification is given, for example, if the room(s) has (have) become unusable, guests already accommodated extend their stay, there is an overbooking or other important operational measures necessitate this step.

7.3 Any additional expenses for the substitute accommodation shall be borne by the accommodation provider.

 

8. Rights of the Contracting Party

8.1 By entering into an Accommodation Agreement, the contracting party shall acquire the right to the customary use of the rented rooms, the facilities of the accommodating establishment which are usually and without special conditions accessible for the use of the guests, and to the customary service. The contracting party shall exercise its rights in accordance with any hotel and/or guest regulations (house rules).

The organiser shall be liable for the takeover, careful handling and proper return. In such cases, the organiser shall be obliged to reimburse Château Gütsch for all outlays and expenses incurred by Château Gütsch in the proper execution of the order and to release Château Gütsch from all liabilities incurred in this respect.

 

9. Obligations of the Contracting Party

9.1 The Party shall be obliged to pay the agreed remuneration plus any additional amounts due to the separate use of services by the contracting party and/or the Guests accompanying the contracting party, plus statutory value added tax, no later than the time of departure.

9.2 The accommodation provider does not accept foreign currencies.

In the case of Euro, the exchange rate shall be 1:1.

9.3 The contracting party shall be liable to the accommodation provider for any damage caused by the contracting party or the guest or any other person accepting the accommodation provider services with the knowledge or intention of the contracting party.

 

10 Rights of the Accommodation Provider

10.1 If the contracting party refuses to pay the remuneration due or is in arrears therewith, the accommodation provider shall be entitled to the statutory right of retention pursuant to the Agreement as well as the statutory right of lien on the items brought in by the contracting party or the guest. The accommodation provider shall furthermore be entitled to this right of retention or lien to secure his claim under the Accommodation Agreement, in particular for catering, other expenses incurred on behalf of the contracting party and for any claims for compensation of any kind.

10.2 If the service is requested in the contracting party’s room or at unusual times of the day (after 8 p.m. and before 6 a.m.), the Proprietor shall be entitled to demand an additional payment for this. However, this additional payment shall be listed on the room rate list. The accommodation provider

may also refuse these services for operational reasons.

10.3 The accommodation provider shall be entitled to invoice or interim invoice its services at any time.

 

11. Obligations of the Accommodation Provider

11.1 The accommodation provider shall be obliged to provide the agreed services to an extent corresponding to its standard.

 

12. Liability of the accommodation provider for damage to items brought in by the contracting party

12.1 The accommodation provider shall be liable for the items brought in by the contracting party. The accommodation provider shall only be liable if the items have been handed over to the accommodation provider or the persons authorised by the accommodation provider or have been brought to a place instructed or designated by the accommodation provider. The accommodation provider shall be liable at most up to the amount stipulated in the Federal Act of 16 November 1921 on the Liability of Innkeepers and Other Entrepreneurs, as amended. If the contracting party or the guest fails to immediately comply with the accommodation provider’s request to deposit their belongings at a special place of accommodation provider, the accommodation provider shall be released from any liability. The amount of any liability of the accommodation provider shall be limited to a maximum of the liability insurance sum of the respective accommodation provider. Any fault of the contracting party or guest shall be taken into account.

12.2 The accommodation provider shall not be liable for slight negligence. If the contracting party is an Entrepreneur, liability shall also be excluded for gross negligence. In this case, the contracting party shall bear the burden of proof for the existence of fault. Consequential or indirect damages as well as lost profits shall not be compensated under any circumstances.

 

13. Limitations of liability

13.1 If the contracting party is a consumer, the accommodation provider shall not be liable for slight negligence, except for personal injury.

13.2 If the contracting party is an Entrepreneur, the accommodation provider shall not be liable for slight and gross negligence. In this case, the contracting party shall bear the burden of proof for the existence of fault. Consequential damage, immaterial damage or indirect damage as well as lost profits shall not be compensated. The damage to be compensated shall in any case be limited to the amount of the interest in trust.

 

14. Keeping of animals

14.1 Animals may only be brought into the accommodating establishment with the prior consent of the accommodation provider and, if applicable, against special fee.

14.2 The contracting party bringing an animal shall be obliged to keep or supervise such animal properly during its stay or to have it kept or supervised by suitable third parties at its own expense.

14.3 The contracting party or guest taking an animal with them must have appropriate animal liability insurance or private liability insurance which also covers possible damage caused by animals. Proof of such insurance shall be provided upon request by the accommodation provider.

14.4 The contracting party or its insurer shall be jointly and severally liable to the accommodation provider for any damage caused by animals brought along. The damage shall in particular also include those compensation payments of the accommodation provider which the accommodation provider is obliged to make to third parties.

 

15. Extension of the Accommodation

15.1 The contracting party shall not be entitled to have his/her stay extended. If the contracting party gives notice of its wish to extend the stay in due time, the accommodation provider may agree to the extension of the Accommodation Agreement. The accommodation provider shall not be obliged to do so.

 

16. Termination of the Accommodation Agreement – Premature Termination

16.1 If the Accommodation Agreement has been concluded for a fixed term, it shall end upon expiry of the term.

16.2 If the contracting party departs prematurely, the accommodation provider shall be entitled to claim the full agreed remuneration. The accommodation provider shall deduct what he has saved as a result of the non-utilisation of his service offer or what he has obtained by letting the reserved rooms to other parties. Savings shall only be deemed to exist if the accommodation establishment is fully occupied at the time of the non-utilisation of the rooms ordered by the guest and the room can be let to further guests due to the cancellation of the contracting party. The burden of proof of the savings shall be borne by the contracting party.

16.3 The contract with the accommodation provider shall end in case of the decease of the guest.

16.4 If the Accommodation Agreement was concluded for an indefinite period of time, the contracting party may terminate the Agreement until 3 p.m. of the second day before the intended end of the Agreement. With the exception of the non-refundable rate, the contracting party can announce the impossibility to full fill the Accommodation Agreement at any time, however the provided pre-payment that the non-refundable rate necessities will not be refunded to the contracting party (see point 6).

16.5 The accommodation provider shall be entitled to terminate the Accommodation Agreement with immediate effect for good cause, in particular if the contracting party and/or the guest

a) makes a considerably disadvantageous use of the premises or by his inconsiderate, offensive or grossly inappropriate behaviour towards the other guests, the owner, the owner’s staff or third parties living in the accommodation or is guilty of an offence against property, morality or physical safety towards these persons which is punishable by law

b) is afflicted with a contagious disease or a disease which extends beyond the period of accommodation, or otherwise becomes in need of nursing care

c) fails to pay the submitted invoices when due within a reasonably set period (3 days).

16.6 If the performance of the Agreement becomes impossible due to an event deemed to be a force majeure (e.g. natural disasters, strike, lockout, official orders, etc.), the accommodation provider may terminate the Accommodation Agreement at any time without observing a notice period, unless the Agreement is already deemed terminated by law or the accommodation provider is released from its obligation to provide accommodation. Any claims for damages etc. of the contracting party shall be excluded.

 

17. Illness or Death of the Guest

17.1 If a Guest falls ill during his/her stay at the accommodating establishment, the accommodation provider shall arrange for medical care at the guest’s request. If there is a risk of delay, the accommodation provider shall arrange for medical care even without the guest’s special request, in particular if this is necessary and the guest is not able to do so himself.

17.2 As long as the Guest is not able to make decisions or the relatives of the guest cannot be contacted, the accommodation provider shall arrange for medical treatment at the expense of the guest. However, the scope of these care measures shall end at the time when the guest is able to make decisions or the relatives have been notified of the case of illness.

17.3 The accommodation provider shall be entitled to claim compensation from the contracting party and the guest or, in the event of death, from their legal successors in particular for the following costs:

a) outstanding medical costs, costs for ambulance transport, medication and medical aids,

b) room disinfection that has become necessary,

c) linen, bed linen and bed furnishings which have become unusable, otherwise for the disinfection or thorough cleaning of all these items,

d) restoration of walls, furnishings, carpets, etc., insofar as these have been contaminated or damaged in connection with the illness or death,

e) room rent, insofar as the room was occupied by the guest, plus any days of unusability of the rooms due to desease, as well as days of unusability of the rooms due to disinfection, evacuation or similar,

f) any other damages incurred by the Proprietor.

 

18. Place of performance, place of jurisdiction and choice of law

18.1 The place of performance shall be the place where the accommodating establishment is located.

18.2 This Agreement shall be governed by Swiss formal and substantive law to the exclusion of the rules of private international law (in particular the IPRG and the Rome Convention) and the UN Convention on Contracts for the International Sale of Goods.

18.3 The exclusive place of jurisdiction for bilateral business transactions shall be the registered office of the accommodation provider, whereby the accommodation provider shall also be entitled to assert its rights at any other local and competent court.

18.4 If the Accommodation Agreement was concluded with a contracting party that is a consumer and has its residence or habitual abode in Austria, actions against the consumer may only be brought at the consumer’s residence, habitual abode or place of employment.

18.5 If the accommodation contract was concluded with a contract partner who is a consumer and has his place of residence in a member state of the European Union (with the exception of Austria), Iceland, Norway or Switzerland, the court with local and subject-matter jurisdiction for the place of residence of the consumer shall have exclusive jurisdiction for legal actions against the consumer.

 

19. Miscellaneous

19.1 Unless the above provisions provide otherwise, a period of time shall begin to run upon delivery of the document setting the time limit to the contracting parties to the contract, who must observe the time limit. If a time limit is calculated in days, the day in which the point in time or the event falls according to which the start of the time limit is to be determined shall not be counted. Time limits determined by weeks or months refer to that day of the week or month which by its name or number corresponds to the day from which the time limit is to be counted. If this day is missing in the month, the last day of this month is decisive.

19.2 Declarations shall be received by the other contracting party on the last day of the term (midnight).

19.3 The accommodation provider shall be entitled to set off its own claims against the contracting party’s claims. The contracting party shall not be entitled to set off its own claims against claims of the accommodation provider unless the accommodation provider is insolvent or the contracting party’s claim has been determined by a court or recognised by the accommodation provider or recognised by the accommodation provider.

19.4 In the event of any loopholes, the relevant statutory provisions shall apply.

 

20. Final provisions

The place of performance and payment shall be the registered office of Château Gütsch in Lucerne.

Any amendments or additions to the contract, the acceptance of the order or these terms and conditions, as well as any waiver of the written form requirement, must be made in writing. Unilateral changes or additions by the organiser are invalid. These GTCs and the contracts concluded on the basis of these GTCs are subject to Swiss law. The organiser recognises Lucerne as the exclusive place of jurisdiction for all legal disputes with Château Gütsch.

Should individual provisions of these General Terms and Conditions for Events be invalid or void, this shall not affect the validity of the remaining provisions. In all other cases, the statutory provisions shall apply.

The data putted at disposition from the contracting party for the accommodation contract the will be in frame of the EDP elaborated, saved and forwarded.

Personal data will be treated according the DSG (Swiss Data Protection Law).

I have taken note of the above General Terms and Conditions and agree to them.