1 Scope of application
1.1 Contractual Partner
These General Terms and Conditions (hereinafter referred to as "GTC") apply to contracts for the rental of hotel rooms for lodging purposes, as well as to all other services rendered and deliveries made by Berghotel Chäserstatt (hereinafter referred to as "the Hotel") to guests and event organisers (hereinafter referred to as "Guest" or "Event Organiser"). They form an integral part of each individual contract between the hotel and its guests or an organiser.
1.2 Special agreements
Any deviations from these GTC shall require an express agreement to be valid. 2.
2 General
2.1 Conclusion of Contract
The contract between the hotel and the guest shall not be concluded until a reservation or booking confirmation has been issued. Until this time, the hotel reserves the right to allocate provisionally reserved rooms and/or premises to other parties. If a third party has ordered on behalf of the guest, he shall be liable to the hotel together with the guest 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.
2.2 Performance, payments and prices
The hotel undertakes to provide the services ordered by the guest and confirmed by the hotel in writing. All prices are quoted in Swiss francs (CHF) and include the statutory value added tax (VAT) at the applicable rate.
The hotel is entitled to demand an appropriate deposit at any time. If the guest fails to meet his obligation to pay the deposit in due time, the hotel shall be entitled to withdraw from the contract after setting a reasonable grace period. The guest shall be liable to the hotel for any resulting damage.
If no deposit is required by the hotel, the entire invoice amount shall be paid by the guest by credit card, debit card or in cash at the latest upon departure. For seminars, groups or tour operators, payment may also be made by invoice. In this case, the payment period is 30 days from the date of invoice.
If the period between conclusion and performance of the contract exceeds four months and if the price generally charged by the hotel for such services increases, the hotel may increase the contractually agreed price by a reasonable amount, but by no more than 5%. Furthermore, the prices may be changed by the hotel if the guest subsequently requests changes in the number of rooms booked, the hotel's services or the guests' length of stay and the hotel agrees thereto.
Invoices of the hotel without a due date are to be paid within 10 days of receipt of the invoice without deduction. The hotel is 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 at a rate of 5% p.a..
3 Liability
3.1 Limitation of liability
The guest is liable to the hotel for all damage and loss caused by him or accompanying persons. The hotel disclaims all liability for theft and damage to property brought in by the guest or accompanying persons. The hotel is liable (contractually and/or extra-contractually) only for intentional or grossly negligent damage and only for direct damage. Any further liability is excluded in accordance with Art. 100 of the Swiss Code of Obligations ("OR"). Likewise, liability for auxiliary persons of the hotel is excluded entirely pursuant to Art. 101 para. 2 of the Swiss Code of Obligations ("OR").
4. Withdrawal from the contract by the guest / cancellations
Cancellation by the guest 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 guest does not avail himself of contractual services. This shall not apply in the event of a breach of the hotel's obligation to show consideration for the rights, legal interests and interests of the guest, if the guest can no longer reasonably be expected to adhere to the contract as a result, or if the guest is entitled to any other statutory or contractual right of withdrawal.
4.1 Cancellation period
If a date for withdrawal from the contract free of charge has been agreed in writing between the hotel and the guest, the guest may withdraw from the contract up to that date without triggering any claims for payment or damages on the part of the hotel. The guest's right of withdrawal shall expire if he does not exercise his right of withdrawal in writing vis-à-vis the hotel by the agreed date, unless a case of withdrawal by the guest pursuant to No. 1 sentence 1.1 exists.
4.2 Cancellation conditions for room bookings (for bookings of up to 9 persons)
Free cancellation is possible up to 5 days prior to arrival.
- Up to 5 days before arrival 50% will be charged.
- 100% will be charged up to 2 days prior to arrival.
For groups of 10 persons or more, the cancellation conditions under point 4.3 apply
4.3 Cancellation condition for events (e.g. weddings, birthday parties, etc.)
If an event cannot be held for reasons which are not attributable to the hotel and for which the hotel is not responsible, the hotel shall retain the right to payment of the agreed service in accordance with the order confirmation, taking into account receipt of the written cancellation as follows:
Up to 31 days before the agreed day of the event at the latest, the guest may withdraw from the contract by unilateral written declaration without incurring any costs.
- Cancellation of the event 0-5 days before the event: 100% as per order confirmation.
- Cancellation of the event 6-10 days before the event: 50% as per order confirmation.
- Cancellation of the event 10-30 days before the event: 40% as per order confirmation.
In the event of cancellation, CHF 100 will be charged for administrative costs.
4.4 Calculation of cancellation costs
In the case of rooms not used by the guest, the hotel shall deduct the income from renting the rooms to other parties as well as the saved expenses. The hotel is at liberty to demand the contractually agreed remuneration and to make a flat-rate deduction for saved expenses. In this case, the guest is obliged to pay at least 1 night or a maximum of 3 nights of the contractually agreed price for overnight accommodation with or without breakfast. The guest is free to prove that the above-mentioned claim has not arisen or has not arisen in the amount claimed.
We recommend that the guest take out cancellation insurance.
5. Cancellation by the hotel
Insofar as the guest's right to withdraw free of charge within a certain period of time has been agreed in writing, the hotel is entitled for its part to withdraw from the contract during this period if there are enquiries from other guests about the contractually booked rooms and the guest does not waive his right to withdraw upon inquiry by the hotel.
If an agreed advance payment or an advance payment demanded above pursuant to Clause 2 No. 2.2 is not made even after expiry of a reasonable grace period set by the hotel, the hotel shall also be entitled to withdraw from the contract. Furthermore, the hotel is entitled to withdraw from the contract extraordinarily for objectively 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 are booked under misleading or false statements of material facts, e.g. in the person of the guest 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 the public, without this being attributable to the hotel's sphere of control or organisation.
In the event of justified withdrawal by the hotel, the guest shall have no claim to compensation.
6. Hotel rooms
6.1 Arrival and departure times
The hotel rooms shall be ready for occupancy from 3.00 p.m. on the day of arrival and shall be vacated by 10.00 a.m. on the day of departure. On the agreed day of departure, the rooms must be vacated and made available to the hotel by 10.00 a.m. at the latest.
Extra beds & dogs are subject to an additional charge.
7. Keeping animals
Animals may only be brought into the hotel with the prior consent of the hotel and for a special fee.
The guest who brings an animal into the hotel is obliged to keep or supervise this animal properly during his stay. The guest must have appropriate pet insurance for his/her pet. Damage caused by animals (e.g. chewed doors or furniture, soiling of wooden floors etc.) must be reported to reception on departure.
8. Lost property
Lost property will be forwarded if the ownership is clear and the residential/ business address is known. The guest shall bear the costs and risk of forwarding the lost property.
9. Final provisions
9.1 Changes and additions
Changes or additions to the contract, supplementary agreements or these terms and conditions must be made in writing. This also applies to the waiver of the written form requirement. Unilateral changes by the contracting party or the organiser are invalid.
9.2 Place of performance and payment
The place of performance and payment of all contracts with the hotel/restaurant is the registered office of Berghotel Chäserstatt auf Chäserstatt.
9.3 Partial invalidity
Should one or more provisions of these GTC be or become wholly or partially invalid, ineffective or otherwise unenforceable for any reason, the validity of the remainder of these GTC shall not be affected thereby. The parties undertake to cooperate in good faith in order to replace such a provision by another provision which comes as close as possible to the economic purpose intended thereby.
9.4 Applicable law / place of jurisdiction / special domicile
All contractual relations between the Guest and the Hotel as well as these GTC shall be governed by Swiss substantive law, excluding the norms of the Federal Act on Private International Law. All disputes between the parties in connection with the application, interpretation, performance of the contract concluded between them and these GTC shall be decided by the ordinary courts of the Canton of Valais. The exclusive place of jurisdiction is Brig.
In the case of contracting parties who have their domicile or place of business abroad, Brig VS shall be deemed to be a special domicile within the meaning of Art. 50 para. 2 of the Federal Law on Debt Collection and Bankruptcy. The guest or the organiser confirms by his signature that he is aware of the contents of these General Terms and Conditions and agrees to their unrestricted validity. Hotel and restaurant guests tacitly agree to the hotel's GTC when booking a room or a table reservation.
9.5 Special provisions during Covid-19
The hotel shall strictly adhere to the protection concepts drawn up with the federal offices (BAG, Secco, BLV). The company's protection concept must ensure that the requirements are met. The cantonal authorities carry out strict controls. The hotel/restaurant can implement additional company-specific measures.
Legal hygiene and protection guidelines already in force must continue to be complied with (e.g. in the food sector and for the general health protection of employees).
In all other respects, all provisions of Ordinance 2 on measures to combat the coronavirus (COVID-19) apply. This protection concept is valid until revoked.
Chäserstatt, January 2022
Berghotel Chäserstatt, Gastro Chäserstatt AG, Kirchweg 2. 3995 Ernen
Note: the German version counts as the legal basis.
