Terms and Conditions
1 Fundamentals
These General Terms and Conditions (GTC) govern the legal relationship between the guest / customer, hereinafter referred to as the guest, and Bollhalder Schäfli AG as the operator of Hotel Schäfli, hereinafter referred to as the hotel. For the sake of simplicity, the term „contract“ is always used in these GTC, regardless of the service in question.
The terms and conditions of the hotel valid at the time of conclusion of the contract shall apply exclusively. The guest’s general terms and conditions shall only apply if this has been expressly agreed in writing before the contract is signed.
Should individual provisions of these GTC be ineffective or invalid, this shall not affect the validity of the contract and the remaining GTC provisions. In all other respects, the statutory provisions shall apply.
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2 Place of jurisdiction / Applicable law
The place of jurisdiction for any disputes arising from this contract is Gams, St. Gallen, Switzerland, unless another mandatory legal place of jurisdiction exists.
Swiss law shall apply exclusively to all contractual, reservation and any additional agreements and general terms and conditions. The place of fulfilment and payment is the registered office of the hotel.
3 Definitions
Written confirmations: Written confirmation also includes electronic messages such as e-mail and fax.
The contractual partners are the guest and the hotel.
4 Subject matter of the contract / Scope of Application
The contract for the rental of rooms, areas and the purchase of other goods and services is concluded with the written confirmation of the guest. A reservation made on the day of arrival itself is binding at the moment of acceptance by the hotel.
Amendments to the contract shall only become binding for the hotel upon (written) reconfirmation. Unilateral amendments or additions to the contract by the guest are invalid. The subletting and re-letting of the rooms provided and their use for purposes other than accommodation require the prior written consent of the hotel.
5 Scope of services
The scope of the contract is determined by the guest’s individually confirmed reservation. Subject to other contractual agreements, the guest is not entitled to a specific room.
If, despite a confirmed reservation, no rooms are available in the hotel, the hotel must inform the guest in good time and offer an equivalent replacement in a nearby hotel of a comparable or higher category. Any additional expenses for the alternative accommodation shall be borne by the hotel. If the guest refuses the replacement room, the hotel must immediately refund any payments already made by the guest (e.g. deposits). The guest shall have no further claims.
6 Duration of use
Unless otherwise agreed, the guest has the right to use the rented rooms from 3.00 pm on the agreed day of arrival until 11.00 am on the agreed day of departure. Room occupancy counts as a full overnight stay, regardless of the time of night at which the guest arrives.
If the guest vacates the room 2 hours or more late, the hotel may charge the full accommodation price for use in excess of the contractual period. Contractual claims of the guest for the proper continued use of the areas are not justified by this; the right to claim damages remains reserved. In the event that the guest leaves the room late, the hotel reserves the right to remove the guest’s items from the room and store them in a suitable place in the hotel for a fee.
7 Prices/ Payment obligation
The prices communicated by the hotel are published in Swiss francs including VAT and are per night.
The guest is obliged to pay the agreed or applicable prices of the hotel for the provision of the room and the other services utilised by him. This also applies to orders placed by companions or visitors. Any increase in statutory charges after conclusion of the contract shall be borne by the guest. Prices quoted in foreign currencies are approximate.
Prices may be changed by the hotel if the guest subsequently requests changes to the number of rooms booked, the hotel’s services or the length of the guest’s stay. The hotel may require a credit card guarantee at any time. Deposits are required depending on the season or price type. The time and amount of the deposit can be found in the reservation confirmation.
If the down payment or credit card guarantee is not made on time, the hotel may withdraw from the contract (including all service promises) immediately (without a reminder) and demand the cancellation costs listed in Section 9 of these GTC. The hotel is entitled to invoice or interim invoice its services to the guest at any time.
The final invoice shall include the agreed price plus any additional amounts incurred as a result of additional services provided by the hotel for the guest and/or the persons accompanying the guest. Unless otherwise agreed, the final invoice must be paid in Swiss francs in cash or by accepted credit card at the latest at check-out on the day of departure. The hotel may charge a reminder fee of CHF 40 for each reminder. The defence of set-off against claims of the hotel is excluded.
8 Cancellation by the Hotel
Up to and including 15 days before the agreed date of arrival of the guest, the hotel may withdraw from the contract without incurring any costs. Furthermore, the hotel is entitled to withdraw from the contract extraordinarily and with immediate effect at any time for objectively justified reasons by means of an immediate unilateral written declaration. Objectively justified reasons include, for example:
- an agreed advance payment or security deposit is not made during the period set by the hotel;
- force majeure or other circumstances for which the hotel is not responsible and which make fulfilment of the contract objectively impossible;
- rooms or rooms that are booked or used under misleading or false information, e.g. in the person of the guest or the purpose of use or stay;
- the hotel has reasonable grounds to believe that the utilisation of the agreed services may impair the smooth running of the business, the safety of other hotel guests or the reputation of the hotel;
- the guest has become unable to pay (bankruptcy or unsuccessful seizure) or has stopped making payments;
- the purpose or reason for the stay is illegal.
In the event of cancellation by the hotel for the aforementioned reasons, the guest shall not be entitled to any compensation and the compensation for the booked services shall remain due in principle.
9 Cancellation of the reservation / Cancellation fees
Cancellation
In order to avoid misunderstandings, changes and cancellations of reservations must be confirmed in writing by the hotel. The hotel may charge the costs in accordance with the cancellation policy.
Cancellation fees:
Up to 3 days before arrival: the booking can be cancelled free of charge.
2 to 0 days before arrival: the hotel reserves the right to charge a cancellation fee of 100% of the price.
Loss minimisation
The hotel shall endeavour to reallocate the unused services elsewhere. If the hotel is able to provide the cancelled services to third parties during the agreed period, the guest’s cancellation fee shall be reduced by the amount paid by these third parties for the cancelled service less any costs for expenses incurred in reselling (e.g. commission, fees, labour, etc.).
10 Early departure
If the guest departs early, the hotel is entitled to charge 100% of the total booked services.
11 Stay / Key / Security / Smoking
The hotel room is reserved exclusively for the registered guest. The transfer of the rented rooms to a third party or their use by an additional person requires the (written) authorisation of the hotel.
By concluding a contract, the guest acquires the right to the customary use of the rented rooms and the hotel’s facilities by all booked persons, which are usually accessible to guests for use without special conditions, and to the customary service. The guest must exercise his rights in accordance with any hotel and/or guest guidelines (house rules).
The access media issued by the hotel remain the property of the hotel and allow 24-hour access to the hotel. The loss of the access medium must be reported immediately. Damaged or lost access media will be charged.
The guest is responsible for the use of the internet provided. They are liable for misuse and illegal behaviour when using the internet.
Smoking is prohibited throughout the hotel. Smoking is permitted on the balconies or outside in front of the hotel entrance. This also includes similar methods such as vaporisation or similar.
The following costs may be incurred and charged:
- Additional expense for cleaning / ionisation flat rate: CHF 200.-
- Loss of income (e.g. room must be temporarily blocked): According to tariff / prices
- Fire brigade operations (triggering of the fire alarm system): According to invoice (up to several thousand francs)
It is strictly forbidden to dismantle a smoke detector anywhere in the hotel. The offence may result in a fine and any consequential costs may be charged. (fire brigade call-out, fire damage, etc.)
12 Items brought in by the guest
Any exhibits or other items, including personal items, brought into the hotel are stored in the accessible rooms or on the hotel premises at the guest’s own risk. The hotel assumes no obligation to guard or store such items. The hotel accepts no liability for the loss, destruction or damage of items brought into the hotel, except in cases of gross negligence or wilful intent on the part of the hotel. The guest is responsible for insuring any items brought into the hotel.
13 Actions, use and liability
Hotel
The hotel shall not be liable to the guest for slight and medium negligence to the extent permitted by law and shall only be liable for damage caused intentionally or by gross negligence. Should disruptions or defects in the Hotel’s services occur, the Hotel shall endeavour to remedy such upon immediate notification by the Guest. If the guest fails to notify the hotel of a defect in good time, there shall be no entitlement to a reduction in the contractually agreed remuneration. The hotel is liable for items brought in by guests in accordance with the statutory provisions, i.e. up to the amount of CHF 1000. Items which the guest keeps in his hotel room are deemed to have been brought in. The hotel is not liable for slight or medium negligence. If valuables (jewellery etc.), cash or securities are not handed over to the hotel for safekeeping, the hotel’s liability is excluded to the extent permitted by law. If any damage is not reported to the hotel immediately after its discovery, the guest’s claims shall lapse.
The hotel is not liable under any legal title for services which it has merely arranged for the guest. The hotel accepts no liability for theft of or damage to material brought in by third parties.
Guest
The guest is liable to the hotel for all damage and losses caused by him, his companions or his assistants, without the hotel having to prove fault on the part of the guest.
The guest is responsible for the correct use and proper return of all technical equipment provided by the hotel and is liable for damage and loss. The guest is liable to third parties for services and expenses incurred by the hotel.
Third party
If a third party makes the booking on behalf of the guest, he shall be liable to the hotel as the ordering party together with the guest as joint and several debtors for all obligations arising from the contract. Irrespective of this, each customer is obliged to pass on to the guest all information relevant to the booking, in particular these General Terms and Conditions.
14 Animals
Animals may only be brought along with the prior consent of the hotel and for a special fee. The pet owner is obliged to keep the animal properly during its stay. The pet owner is liable for any damage caused by the animal.
15 Lost and found
Lost property will be forwarded if ownership is clear and the residential/business address is known. The guest bears the costs and the risk for the forwarding.
16 Further conditions
If the guest requests services that are not provided by the hotel itself, the hotel acts merely as an intermediary.
The statutory limitation periods shall apply. Insofar as these can be amended, a limitation period of 6 months after departure shall apply to claims for damages by the guest.
Advertisements in the media with reference to the hotel, with or without the use of the unchanged company logo, require the prior written consent of the hotel.
The data entered by customers are processed electronically by the reservation system. This data will only be processed to the extent necessary for the booking and the hotel service and will not be passed on to third parties.
Guests are responsible for their own personal insurance cover (in particular accident and health insurance, damage to property and luggage and loss of luggage). The hotel accepts no liability whatsoever.
