GENERAL BUSINESS CONDITIONS
General business conditions for the hotel accommodation contract with Hotel Bergsonne
CH 6004 Lucerne
Owner of the operating company: Urban Frye, Lucerne
These General Terms and Conditions (GTC) regulate the legal relationship between the guest / customer / organizer, hereinafter referred to as the guest, and Klanghotel GmbH, hereinafter referred to as the hotel. They form an integral part of every contract.
Place of jurisdiction / applicable law
For any disputes arising from this contract, place of jurisdiction is the Canton of Lucerne, unless there is no other legally binding place of jurisdiction.
It applies exclusively to Swiss law for all contractual, reservation and any additional agreements and general conditions. The place of fulfillment and payment is the seat of the hotel (Rigi Kaltbad).
Area of application
1. These business conditions are valid for contracts about the rent-wise surrender of hotel studio apartments (Single rooms, double rooms, triple rooms, family rooms or superior rooms) for lodging, as well as all further services and deliveries of the hotel supplied for the customer.
2. Subleasing and -letting of entrusted rooms as well as their use for other purposes then lodging need the previous written approval of the hotel.
3. Business conditions of the customer come to application only if this was arranged explicitly in writing prior to booking the rooms or services.
II. If this English translation differs in any part from the original German version, the German version is valid. This English version serves only as explanatory note for those customers not able to understand German. Customers not able to understand German are advised to
consult people being able to understand German before accepting this contract.
III. Conclusion of contract, contracting parties
1. The contract is achieved by the acceptance of the request of the customer by the hotel. The request of the customer occurs via online booking portal, by e-mail or fax and can only be withdrawn if the hotel agrees. The hotel confirms the room booking by e-mail, telephone
or fax and informs the guests about the payment modalities (e.g. payment in advance by credit card or invoice).
2. Contracting parties are the hotel and the customer. If a third party has ordered for the customer, the third party is liable together with the customer in the field of the hotel as co-debtor for all obligations from the hotel accommodation contract.
IV. Services, prices, payments, charging, smoking, smoke detection system
1. The hotel is obliged to prepare the rooms booked by the customer and to produce the agreed services.
2. The customer is obliged to pay the prices of the hotel being valid for the disposition of rooms and the further services used by him. This is also valid for services arranged by the customer and expenses of the hotel onto third parties.
3. The agreed prices include the respective legal value added tax and not the guest’s tax in Weggis – Rigi Kaltbad. If the period between contract conclusion and contract performance exceeds four months and the price estimated for such services in general by the hotel increases this can rise the price agreed on by contract up to the then valid price.
4. The prices can also be changed by the hotel if the customer subsequently changes the number of the booked rooms, services of the hotel or the duration of stay of the guests and the hotel agrees to that.
5. Bills of the hotel without due date are due within 8 days from receipt of the bill without deductions. If you have outstanding invoices, these are due to be payed immediately. If payment is delayed the hotel is entitled, to demand delay interests rates according to bank – usual account – overdraft interestsrates. The hotel reserves the right to provide evidence of a higher damage.
6. With contract conclusion the hotel demands an advance payment at least to the amount of one weekly rent, which is to be made within three days after request (normally online by credit card).
7. The customer only keeps up an indisputable or legal demand against about a demand of the hotel add or reduce.
8. Smoking is only permitted on the balcony or outside the building. If the smoke detection system is misused, the costs of misusing the system will be charged to the person misusing the system.
9. Rescission of the customer (i. e. cancellation) and non-demands of the services of the hotel.
10. A withdrawal of the customer from the contract made with the hotel needs the written approval of the hotel. If this does not occur, the agreed price from the contract is to be paid even if the customer does not use contractual services.
11. Provided that between the hotel and the customer an appointment for the withdrawal of the contract clear of all charges was agreed in writing, the customer can resign until then from the contract without paying pecuniary claims or compensation claims of the hotel. The right of withdrawal of the customer expires if he does not exercise his right for the withdrawal in writing up to the agreed deadline towards the hotel.
12. When rooms are not used by the customer the hotel has to charge the gains from other rental of the rooms as well as the saved expenditures.
V. Rescission of the hotel
1. Provided that a right of withdrawal for the customer clear of all charges was agreed within a certain period of time in writing, the hotel itself is also entitled to resign from the contract during this time if there are inquiries of other customers for the by contract booked rooms and the customer does not renounce from his right for the resignation after further enquiry by the hotel.
2. If the advance payment is not achieved within the set period of 3 days (normally online by credit card), the hotel is entitled to withdraw from the contract.
3. Furthermore the hotel is entitled to resign from the contract for objectively justified reasons in an exceptional way, for example if force majeure or other circumstances not to be represented by the hotel make the fulfilment of the contract impossible; Rooms are booked under misleading or wrong specification of essential facts, e.g. in the person of the customer or the purpose; the hotel has justified reason for assuming that the demands of the hotel services can endanger the smooth business concern, the security or the reputation of the hotel in public without this being assigned to the domination and/or organization field of the hotel; a violation against above stipulation I no. 2 is existent.
In case of no show on the arrival day, the hotel may book the room on the following day for other guests, if not otherwise claimed in writing.
In the case of an entitled withdrawal of the hotel no claim of the customer for compensation arises.
VI Room preparation, delivery and return
1. The customer does not gain any claim of specific rooms.
2. Booked rooms are available for the customer from 2 pm of the arranged day of arrival. The customer does not have any claim of earlier preparation.
3. On the agreed day of departure, the rooms have to be vacated to hotel available at 11 am put at latest. After that the hotel can remove and retain the personal objects of the guest by the chambermaid.
VII. Liability of the hotel
1. The hotel is liable with the care of a tidy businessman for his obligations from the contract. Claims to compensation of the customer are impossible. Excluded from this are damages like injury of life, body or health if the hotel has to represent the neglect of duty, other damages which are based on a deliberate or coarsely neglect of duty of the hotel and damages that are based on a deliberate or negligent injury of contract-typical duties of the hotel. A duty injury of the hotel is equal to a legal representative’s or fulfilment assistants. If troubles or shortcomings of the services of the hotel should occur the hotel will be bothered with knowledge or onto immediate reproof of the customer to guarantee for remedy. The customer is obliged to contribute the reasonable in order to repair the trouble and to keep a possible damage small.
2. The hotel is liable towards the customer to 800 CHF at most for things brought in. In order to establish a liability, claim in anyway articles of value must have been placed in the room safe. The hotel recommends luggage insurance or the inclusion of this risk in the household and personal effects insurance. If the customer has such insurance, he reserves the hotel of any claims for compensation.
3. Upon request the hotel provides a mailbox for guests for the duration of their stay. No liability is taken over, however.
If the self-service check in automat is used, the hotel can not be hold responsible for any failures to check in.
VIII. Data protection
For any third party used for collecting credit card details to process payments to the hotel, the provider of the payment terminal is responsible towards our customers to protect their data and our customers will get the details of those companies upon request. Similar rules apply, if PayPal is used (www.paypal.ch). For all other personal data, the hotel insures to handle them confidential and to store and process them only for the booking purposes. The hotel is obliged to pass on filled registration forms to the aliens’ police Lucerne. The hotel commits itself not to pass on your data to other then the mentioned third parties.
1. Changes or supplements of the contract, the request assumption or these general business conditions for the hotel accommodation are supposed to occur in writing. One- sided changes or supplements through the customer are ineffective.
2. Fulfilment and payment place is the domicile of the hotel.
3. The domicile of the hotel is exclusive venue – also for check and change quarrels – in the financial traffic.
4. Suisse law is the applicable law. The application of the UN purchase right and the collision right is impossible.
5. If single regulations of these general business conditions should be or become ineffective or vain for the hotel accommodation, the effectiveness of the remaining regulations is not affected by that. By the way the legal rules are valid.
Hotel Bergsonne Rigi-Kaltbad