1. Basics
These general terms and conditions (GTC) sort out the legal relationship between the guest/customer/organizer, hereinafter referred to as guest, and the Hotel du Cerf, hereinafter referred to as Hotel.
For the sake of simplicity, these terms and conditions always refer to the contract – no matter regarding the means of service.
Upon contract conclusion, only the valid terms and conditions of the hotel apply. General terms and conditions of the guest are only applicable if this has been explicitly agreed in writing before the contract was signed.
Should individual provisions of these terms and conditions be ineffective or invalid, this shall not affect the validity of the contract and the remaining terms and conditions. In all other respects, the statutory provisions apply.
2. Place of Jurisdiction / Applicable Law
For any disputes arising from this contract, the Tribunal de première instance (Switzerland) is the place of jurisdiction, provided that no other legally binding place of jurisdiction exists.
All contractual agreements, reservation agreements, additional agreements and general conditions are subject to Swiss law. Place of fulfillment and payment is the seat of the hotel.
The terms and conditions are written in German, English and French. In case of any contradictions, the German version is decisive.
The hotel is not liable for any changes that have occurred without the knowledge of the hotel after the publication, as well as for any printing errors.
3. Definitions
Written confirmation: Fax and e-mail are also regarded as written confirmations.
Contracting partners are the guest and the hotel.
4. Subject matter of the contract / Scope of application
The contract for the rent of rooms, seminar rooms, areas as well as the purchase of other deliveries and services comes about with the written confirmation of the guest.
A reservation, made on the day of arrival, is binding at the moment of acceptance by the hotel.
Changes to the contract are only binding for the hotel after a (written) reconfirmation. Unilateral changes or additions to the contract made by the guest are ineffective.
The subletting and re-letting of the provided rooms and their use for purposes other than accommodation require the prior written consent of the hotel.
5. Scope of service
The guest has – other contractual agreements reserved – no claim to a specific room.
In case, the guest has received a written confirmation and there are no rooms available at the hotel, the hotel has to inform the guest on time and offer a suitable replacement in a nearby hotel of an equivalent or higher category.
Any additional expenses for the replacement accommodation are charged to the hotel. If the guest refuses the spare room, the hotel has to reimburse the guest for already provided services e.g. such as deposits. Further claims of the guest do not exist.
6. Period of use
Unless otherwise agreed, the guest has the right to use the booked rooms from 3:00 pm on the agreed day of arrival until 10:00 am on the day of departure.
The hotel reserves the right, in case of any late departure, to remove the guests’ belongings from the room and keep them at a suitable location in the hotel for a charge.
7. Prices / Payment obligations
The communicated accommodation rates are per night and in Swiss Francs (CHF), VAT and service included.
The city tax is charged separately and is dependent on the regulatios of the city tax of the municipality Soubey.
The guest is obliged to pay the agreed/ applicable rates for rented rooms and other services provided. This also applies to orders of companions and visitors.
After conclusion of the contract, increases in legal fees are at the expense of the guest. Listed prices in foreign currencies are indicative and will be charged at the prevailing exchange rate. Valid are the prices that are confirmed by the hotel.
Prices may be changed by the hotel if the guest subsequently changes the number of booked rooms, used services or the duration of the stay.
In case of an obvious false booking due to systemic errors of the booking system, the agreed prices are invalid. In this case, the hotel has the right to cancel the reservation without compensation.
The hotel may request a credit card guarantee at any time.
Deposits are required depending on the season and rate type. The due date and amount of the deposit can be found in the reservation confirmation.
In case of late payment or performance of the credit card guarantee, the hotel may withdraw from the contract (including all performance promises) immediately (without reminder) and demand the cancellation costs listed in section 9 of these terms and conditions.
At any time, the hotel has the right to bill or interim bill its services to the guest.
The final invoice includes the agreed price plus any additional charges incurred as a result of additional hotel services used by the guest and / or the persons accompanying him. The final bill – subject to other agreements – must be paid in cash or by accepted credit card in Swiss francs at the latest on the day of departure.
8. Withdrawal by the hotel
Up to and including 21 days before the guest’s arrival date, the hotel can withdraw from the contract without any costs.
Furthermore, the hotel is entitled to withdraw from the contract at any time for a justifiable cause by immediate unilateral and written declaration and with immediate effect:
Objectively justified reasons are considered as follows:
- An agreed advanced payment or security deposit will not be made during the period requested;
- Force majeure or other circumstances for which the hotel is not responsible, that make the fulfillment of the contract objectively impossible;
- Rooms or spaces that are booked or used under misleading or false statements, e.g. in the person of the guest or the purpose of use/stay;
- The hotel has a well-found reason to believe that the use of agreed services may affect the troublefree operation of the business, the safety of other hotel guests or the reputation of the hotel;
- The guest has become insolvent (bankruptcy or fruitless seizure) or has ceased his payments;
- The purpose or cause of the stay is illegal.
In case of a cancellation by the hotel for the aforementioned reasons, the guest is not entitled to any compensation and the compensation for the booked services remain due in principle.
9. Cancellation of the reservation / Cancellation charges
Cancellation
A cancellation of the reservation requires the written consent of the hotel. If this is not the case, the agreed price has to be paid even if the guest does not use any booked services. If the guest does not show up (« no-show »), 100% of the booked services will be charged.
Decisive for the calculation of the cancellation fee is the receipt of the written cancellation of the guest by the hotel. This applies to letters as well as to fax and e-mail messages.
If the guest withdraws from the contract without an approved cancellation, or if he / she requests a cancellation of certain booked services, the hotel may charge the following cancellation fees.
Cancellation charges
Cancellation fees vary depending on the season and price type; the applicable cancellation fees can be found in the written reservation confirmation.
10. Impossible Arrival
If the guest cannot or does not arrive in time due to force majeure (flood, avalanche, earthquake, etc.), he is not obliged to pay the agreed price for the days missed. The guest must prove the impossibility of arrival.
However, the obligation to pay for the booked stay is again obligatory starting from the moment in which the guest can arrive.
11. Early departure
If the guest departs early, the hotel is entitled to charge 100% of the booked services.
12. Stay / keys / safety / internet / smoking
The hotel room is reserved exclusively for the registered guest. The transfer of the room to a third party or the accommodation of an additional person requires the (written) approval of the hotel.
By concluding a contract, the guest acquires the right to use the booked rooms and facilities of the hotel (including all booked fellow passengers), that are usually accessible for guests without any special conditions or restrictions. The guest has to exercise his rights according to any hotel and/or guest guidelines (house rules).
The room key provided by the hotel remains property of the hotel and allows 24-hour access to the hotel. The loss of the key must be reported immediately to the reception.
In the entire hotel smoking is only allowed in special areas (smoking area).
Extension of the stay
Unless otherwise agreed, the guest is not entitled to a prolongation of his stay.
If the guest can not leave the hotel on the day of departure because of unforeseeable circumstances/ force majeure (eg extreme snowfall, flood etc.) and all departure options are blocked or unusable, the contract will automatically be extend for the duration of the impossibility of departure at previous conditions.
13. Acts, use & liability
a) Hotel
The hotel rejects the liability towards the guest within the legal possibilities for slight and medium negligence and is only liable for intentionally or grossly negligent caused damage.
Should faults or defects regarding the services of the hotel occur, the hotel will make an effort to correct the situation immediately upon notification of the guest. If the guest fails to notify the hotel in time, there is no entitlement to a reduction of the contractually agreed fee.
The hotel is liable for the guest’s belongings according to the legal regulations, that is up to the amount of CHF 1’000.-. The hotel is not liable for slight and moderate negligence. If valuables (jewelery, etc.), cash or bonds are not handed over to the hotel for safekeeping, the liability of the hotel within the scope of the legal possibilities is excluded. The hotel recommends to keep money and valuables in the safe of the reception.
b) Guest
The guest is liable to the hotel for all damages and losses caused by him or his companion. The hotel does not have to proof the guest’s fault.
The Guest is responsible for the correct use and return of all technical equipment/ facilities provided by the Hotel or procured through third parties on his behalf, and is liable for any damages or loss.
c) Third parties
If a third party makes the booking for the guest, both parties (third party & guest) are jointly liable for all obligations of the contract. Irrespective of this, every purchaser is obliged to forward all relevant information regarding the booking, in particular these general terms and conditions, to the guest.
14. Animals
Pets are only allowed in the hotel after prior agreement with the hotel and for a fee.
15. Lost and found
Lost items will be mailed in case of clear ownership and knowledge of the residential/business address. The costs and the risk for the shipping carries the guest.
16. Further conditions
If the guest books services that are not provided by the hotel itself, the hotel acts only as a mediator.
The statutory limitation periods apply. Insofar as these can be changed, claims for damages are subject to a period of limiation of 6 months after departure.
For the personal insurance protection (in particular accident and health insurance, damage to property and luggage as well as luggage loss) the guest has to take care of himself. The hotel disclaims any liability.