General Terms and Conditions Hotel Seehof

  1. Basic

These General Terms and Conditions (GTC) govern the legal relationship between the guest/customer/organiser, hereinafter referred to as the guest, and the Hotel Seehowa AG as the operator of the Hotel Seehof, hereinafter referred to as the hotel.

For the sake of simplicity, these T&Cs always speak of a contract – regardless of the service.

Only the terms and conditions of the hotel valid at the time of conclusion of the contract apply. The guest's general terms and conditions only apply if this has been expressly agreed in writing before the contract is signed.

Should individual provisions of these GTC be invalid or invalid, this shall not affect the validity of the contract and the remaining GTC provisions. In all other respects, the statutory provisions apply.

  1. Place of jurisdiction / Applicable law

Walenstadt SG shall be the place of jurisdiction for any disputes arising from this contract, unless there is another legally binding place of jurisdiction.

Swiss law applies exclusively to all contractual, reservation, any additional agreements and general conditions. The place of performance and payment is the registered office of the hotel.

  1. Definitions

Groups: Groups within the meaning of these T&Cs are travel groups with a minimum of 15 booked persons.

Written confirmations: E-mail messages are also considered written confirmations.

The contractual partners are the guest and the hotel.

  1. Subject matter / scope of application

The contract for the rental of rooms, seminar rooms, areas as well as the purchase of other supplies and services is concluded with the written confirmation of the guest or by implication.

A reservation made on the day of arrival itself is binding at the moment of acceptance by the hotel.

Changes to the contract only become binding for the hotel upon a (written) confirmation. Unilateral changes or additions to the contract by the guest are invalid.

The subletting and subletting of the rooms provided as well as their use for purposes other than accommodation require the prior written consent of the hotel.

  1. Scope

The scope of the contract is determined by the guest's individual and confirmed reservation.

The guest is not entitled to a specific room – unless otherwise agreed in writing.

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 replacement accommodation will be borne by the hotel. If the guest rejects the replacement room, the hotel must immediately refund services already provided by the guest (e.g. deposits). There are no further claims on the part of the guest.

 

  1. Service life

Unless otherwise agreed, the guest has the right to use the rented rooms from 2:00 p.m. on the agreed day of arrival until 10:30 a.m. on the day of departure.

If you arrive after 8:00 p.m., the hotel must be informed of the later arrival by the guest by telephone or in writing by 6:00 p.m. on the day of arrival at the latest, otherwise the hotel can freely dispose of the rooms.

In the event of a late release of the room by the guest of 2 hours or more, the hotel may charge 50% of the full accommodation price (list price) for use beyond the contract. This does not establish the guest's contractual claims to the proper continued use of the areas; the right to claim damages is reserved.

In the event of late departure from the room, the hotel reserves the right to remove the guest's belongings from the room and store them in a suitable place in the hotel for a fee.

  1. Options

Option data is binding on both parties. The hotel can dispose of the opted rooms/rooms or services after the unused expiry of the option period without further notice.

The confirmation must be received by the Hotel Seehof on the last day of the option period at the latest.

  1. Prices / Payment Obligation

The prices communicated by the hotel are in Swiss francs (CHF) and include VAT, any visitor's taxes and other charges.

The guest is obliged to pay the agreed or applicable prices of the hotel for the provision of the room and the other services used by him/her. This also applies to orders from his companions and visitors.

An increase in statutory fees after conclusion of the contract is at the expense of the guest. Prices in foreign currencies are approximate and will be charged at the current exchange rate. The prices confirmed by the hotel are valid in each case.

Prices may be changed by the hotel if the guest subsequently initiates changes to the number of rooms booked, the hotel's service or the length of stay of the guests.

Depending on the agreement or from a reservation amount of CHF 2000, the hotel may require a deposit of 50% of the total booking amount. The down payment is to be understood as a partial payment of the agreed remuneration.

The hotel may require a credit card guarantee instead of a deposit.

An advance payment must be made within 10 days of receipt of the reservation confirmation. If the reservation is made at short notice, the hotel requires a credit card guarantee for the entire booking amount.

In the event of late payment or payment of the credit card guarantee, the hotel may withdraw from the contract (including all promises of performance) immediately (without reminder) and demand the cancellation costs listed in section 10 of these GTC.

The hotel has the right to billing or interim billing of its services to the guest at any time.

The final invoice includes the agreed price plus any additional amounts that have been incurred for the guest and/or the persons accompanying him or her due to additional services provided by the hotel. Unless otherwise agreed, the final invoice must be paid in Swiss francs in cash or by accepted credit card at the latest at the time of check-out on the day of departure.

The hotel may charge a reminder fee of CHF 10 for each reminder.

The objection of set-off is excluded against claims of the hotel.

 

  1. Cancellation by the hotel

Up to and including 1 month before the agreed date of arrival of the guest, the hotel can withdraw from the contract without incurring any costs.

Furthermore, the hotel is entitled to withdraw from the contract at any time for objectively justified reasons by means of an immediate unilateral and written declaration, extraordinarily and with immediate effect:

Objectively justified reasons include, for example:

  • an agreed advance payment or security deposit will not be made during the period set by the hotel;
  • force majeure or other circumstances beyond the hotel's control, which make the performance 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 use of the agreed services may affect the smooth running 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 stopped making payments;
  • the purpose or occasion of the stay is unlawful.

In the event of withdrawal by the hotel for the aforementioned reasons, the guest is not entitled to compensation for damages and compensation for the booked services remains owed in principle.

  1. Cancellation of reservation / annuallation fees

Cancellation

Cancellation of the reservation requires the written consent of the hotel. If this is not done, the agreed price must be paid even if the guest does not make use of contractual services. In the event of a no-show, at least the cost of the 1st night will be charged.

The decisive factor for the calculation of the cancellation fee is the arrival of the guest's written cancellation at the hotel. This applies to letters as well as fax and e-mail messages.

If the guest withdraws from the contract without an approved cancellation or if certain reserved services are changed or cancelled, the hotel may charge the following cancellation fees.

Cancellation fees:

Individual reservations

  • Up to and including 2 weeks before the agreed date of arrival, the guest can withdraw from the contract without incurring any costs.
  • written cancellation of the stay 13 to 7 days before the confirmed date of arrival:

25% according to reservation confirmation.

  • Written cancellation of the stay 6 to 3 days before the confirmed date of arrival:

50% according to the reservation confirmation.

  • written cancellation of the stay up to 3 days until 14.00 on the day before arrival:

75% according to reservation confirmation

  • written cancellation of the stay from 14.00 on the day before arrival:

100% according to reservation confirmation

 

Group reservations

The cancellation fees below apply if more than 15 people in a group (see section 3) or 25% of the booked services are cancelled.

  • Up to and including 4 weeks before the agreed date of arrival, the group reservation can be cancelled without incurring any costs.
  • written cancellation of the stay 27 to 14 days before the confirmed date of arrival:

50% according to the reservation confirmation.

  • written cancellation of the stay 13 to 7 days before the confirmed date of arrival:

75% according to the reservation confirmation.

  • written cancellation of the stay less than 7 days before the confirmed date of arrival:

100% according to the reservation confirmation.

Loss mitigation

The hotel strives to allocate the unused services for both cancelled individual and group reservations. If the hotel is able to provide the cancelled services to third parties elsewhere during the agreed period, the guest's cancellation fee will be reduced by the amount paid by these third parties for the cancelled service.

  1. Impossible journey

If the guest is unable to arrive or cannot arrive on time due to force majeure (flood, avalanche, earthquake, etc.), he is not obliged to pay the agreed fee for the missed days.

Anulation insurance is the responsibility of the guest.

However, the obligation to pay for the booked stay revives from the moment of arrival.

  1. Early departure

If the guest leaves early, the hotel is entitled to charge 100% of the entire booked services.

The hotel will endeavour to reassign the unused services in the event of early departure. If the hotel is able to provide the unused services to third parties elsewhere in the agreed period, the guest's invoice amount shall be reduced by the amount paid by these third parties for the cancelled service.

  1. Stay / Keys / Security / Internet / Smoking

The hotel room is reserved exclusively for the registered guest. The transfer of the room to a third person or the use by an additional person requires the (written) permission of the hotel.

By concluding a contract, the guest acquires the right to the usual use of the rented premises and the facilities of the hotel by all booked persons, which are usually accessible to the guests for use without special conditions, and to the usual service. The guest must exercise his rights in accordance with any hotel and/or guest guidelines (house rules).

The room key handed over by the hotel remains the property of the hotel and allows 24-hour access to the hotel. The loss of the key must be reported immediately to the reception. The loss of the keys will be charged to the guest at CHF 100.

To access the Internet, the login data is placed in the room. This service is free of charge for all hotel guests.

The guest is responsible for the use of the login data. He is liable for abuse and illegal behavior when using the Internet.

Smoking is not permitted in the entire hotel.

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  1. Extension of the stay

Unless otherwise agreed, the guest is not entitled to have his stay extended.

If the guest is unable to leave the hotel on the day of departure because all departure options are blocked or unusable due to unforeseeable extraordinary circumstances / force majeure (e.g. extreme snowfall, flooding, etc.), the contract will be automatically extended at the previous conditions for the duration of the impossibility of departure.

  1. Additional conditions for groups

Group rates are only applicable with prior agreement and written confirmation by the hotel.

For a group of less than 15 people, the rates for individual travellers apply.

The joint arrival and/or departure of groups must be notified to the hotel in writing 14 days before arrival.

Only a total invoice will be issued to the tour guide, who will be fully liable for this amount.

The final number of people in the group (including the list of names) of the group must be communicated to the hotel at least 7 calendar days before the arrival of the group.

If the group is smaller than originally registered, then the missing persons will be invoiced at 50% of the proportionately booked services. Additional persons will be counted and billed as individual travellers – subject to the proviso that they can be fulfilled.

In the event of cancellation of a group reservation, the cancellation fees listed in point 10 apply.

  1. Events

An event can include room rentals, catering, technical facilities, accommodation and other services.

Number of participants

The guest undertakes to provide the hotel with the binding number of participants for an event at the latest
7 working days before the date of the event.

If the number of participants communicated by the guest differs from the final number of participants, then the following applies:

  • Up to 10% lower actual number of participants: Billing according to the actual number of participants.
  • If the number of participants is reduced by more than 10%, the hotel is entitled to increase the agreed prices appropriately and to exchange the confirmed rooms.
  • In the event of a later increase in the actual number of participants, billing will be based on the actual number of participants – subject to feasibility.

Cancellation by the hotel and procedure in the event of cancellation of events

See Section 9 of these Terms and Conditions.

Cancellation Policy

Cancellation of the reservation requires the written consent of the hotel. If this is not done, the agreed price must be paid even if the guest does not make use of contractual services.

The decisive factor for the calculation of the cancellation fee to be paid is the receipt of the written cancellation of the guest at the hotel.

If the guest withdraws from the contract without an approved cancellation or if certain reserved services are changed or cancelled, the hotel may charge the following cancellation fees.

 

Cancellation fees for events

If an event cannot be held for reasons that are not attributable to the hotel and for which the hotel is not responsible, the hotel reserves the right to payment of the agreed service in accordance with the order confirmation, taking into account the receipt of the written cancellation as follows:

Up to 1 month before the agreed day of the event at the latest, the guest can withdraw from the contract by means of a unilateral written declaration without incurring any costs.

  • Cancellation of the event 0 – 7 days before the date of arrival: 100% according to the order confirmation.
  • Cancellation of the event 8-21 days before the date of arrival: 50% according to the order confirmation.
  • Cancellation of the event 22 – 29 days before the date of arrival: 25% according to the order confirmation.

Optional: In the event that an equivalent (scope of services) event is carried out by third parties during the agreed period, the guest will only incur a compensation of 5 – 10% (depending on the deadline of the cancellation).

If the guest holds an event in the hotel within one year to the originally agreed extent, 50% of the booked invoice amount/cancellation costs will be credited back.

Duration of the event

If the agreed start or end times of the event are postponed without the prior written consent of the hotel, the hotel may charge additional costs for the provision of staff and equipment, unless the hotel itself is responsible for the postponement.

The hotel has the right to expel the event participants from the premises after the expiry of any extension permit.

  1. Food and drinks

All food and drinks are to be purchased exclusively from the hotel.

In special cases (specialities, etc.), another written agreement can be made on this. In such a case, the hotel is entitled to charge a service fee or a corkage fee.

  1. Handling of events

Insofar as the hotel procures technical and other equipment from third parties for the guest at the guest's instigation, it acts on behalf of the guest.

The guest is responsible for the careful handling and proper return of the facilities. The hotel is indemnified by the guest against all claims by third parties arising from the use of these facilities.

The use of the guest's own electrical systems and appliances using the hotel's electricity network requires the prior written permission of the hotel. Any malfunctions or damage to the hotel's technical systems resulting from the use of these devices and systems are at the expense of the guest, insofar as the hotel is not responsible for them. The hotel can record and calculate the electricity costs arising from the use of the electrical systems and equipment on a lump sum basis.

With the consent of the hotel, the guest is entitled to use its own telephone, fax and data transmission facilities. For this, the hotel may charge connection and connection fees.

Faults in technical or other facilities provided by the hotel will be rectified as quickly as possible upon notification by the guest. Insofar as the hotel is not responsible for the disruptions, disruptions do not reduce performance claims or create liabilities.

The guest must obtain all official permits that may be necessary for the implementation of the event at his own expense. He is responsible for compliance with the permits and all other public law regulations in connection with the event. Fines for a violation of the permits are to be paid by the guest.

The guest must handle the formalities and accounts required in connection with the music performance and sound reinforcement on his own responsibility with the responsible institutions (e.g. SUISA).

 

 

 

  1. Items brought in by the guest

Exhibition or other items, including personal items, are at the guest's risk in the event rooms or on the hotel grounds. The hotel does not assume any security and storage obligations. The hotel assumes no liability for the loss, loss or damage of the items brought in, except in the case of gross negligence or intent on the part of the hotel. The guest is responsible for insuring items brought along.

Decorative material brought along must comply with the fire safety requirements. The hotel is entitled to request official proof of this. Due to possible damage, the installation and attachment of objects must be discussed with the hotel in advance.

The exhibits or other objects brought in must be removed immediately after the end of the event. The hotel may remove and/or store abandoned items at the guest's expense. If the removal is associated with disproportionately high effort, the hotel can leave the items in the event room and charge the guest the usual room rent for the duration of the stay.

Packaging material (cardboard, boxes, plastic, etc.) that accumulates in connection with the delivery of the event by the guest or third parties must be disposed of by the guest. If the guest leaves packaging material in the hotel, the hotel is entitled to dispose of it at the guest's expense.

  1. Actions, Use and Liability
    1. Hotel

The hotel conditions the liability towards the guest within the scope of the legal possibilities for slight and moderate negligence and is only liable in the event of damage caused intentionally or by gross negligence.

In the event of disruptions or defects in the hotel's services, the hotel will endeavour to remedy the situation upon the immediate notification of the guest. If the guest fails to notify the hotel of a defect in good time, there is no entitlement to a reduction of the contractually agreed fee.

The hotel is liable for the items brought in by the guests in accordance with the legal provisions, i.e. up to the amount of CHF 1,000. The hotel is not liable for slight and moderate negligence. If valuables (jewellery, etc.), cash or securities are not handed over to the hotel for safekeeping, the liability of the hotel is excluded within the scope of the legal possibilities. The hotel recommends that money and valuables be kept in a safe or at the reception.

If any damage is not reported to the hotel immediately after its discovery, the guest's claims will be lost.

The hotel is not liable under any legal title for services that it has merely arranged for the guest.

The hotel declines all liability for theft and damage to material brought in by third parties.

  1. Guest

The guest is liable to the hotel for all damage and loss caused by him, companions or his assistants or event participants, 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 aids/facilities that the hotel makes available to him or procures on its behalf through third parties, and is liable for damages and losses.

The guest is liable for services and expenses incurred by the hotel towards third parties.

  1. Third

If a third party makes the booking for the guest, he is liable to the hotel as the customer together with the guest as joint and several debtor for all obligations arising from the contract. Irrespective of this, each customer is obliged to forward all booking-relevant information, in particular these general terms and conditions, to the guest.

 

  1. Illness or death of the guest

If a guest falls ill during his stay at the hotel, the hotel notifies a doctor at the guest's request. If the guest is no longer capable of acting and the hotel is aware of the illness, the hotel will notify you.

Medical assistance will be provided at the guest's expense in any case.

With the death of the guest, the contract with the hotel ends.

  1. Animal husbandry

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 to the hotel is obliged to keep or supervise this animal properly during his stay or to have it kept or supervised by suitable third parties at his own expense.

The guest must have appropriate pet owner insurance for their pet. Proof of the corresponding insurance must be presented to the hotel upon request.

  1. Lost property

After a 2-month storage period, the items are disposed of.

  1. Other provisions

If the guest wishes to provide services that are not provided by the hotel itself, the hotel acts only as an intermediary.

The statutory limitation periods apply. Insofar as these can be amended, an absolute limitation period of 6 months after departure applies to claims for damages by the guest.

Advertisements in media (such as newspapers, radio, television, Internet) with reference to events in the hotel, with or without the use of the unchanged company logo, require the prior written consent of the hotel.