Terms & Conditions
Terms and conditions
General terms and conditions for the accommodation contract
Scope of the application
These terms and conditions apply to contracts for the rental of hotel rooms for accommodation purposes, as well as to all other services and deliveries provided by the hotel for the customer.
The subletting or re-letting of the rooms provided and their use for purposes other than accommodation require the prior written consent of the hotel.
The customer's general terms and conditions shall only apply if this has been agreed in advance.
Conclusion of contract, partners, liability; statute of limitations
The contract is concluded upon acceptance of the customer's application by the hotel. The hotel is free to confirm the room booking in text form.
The contractual partners are the hotel and the customer. If a third party has ordered on behalf of the customer, it shall be liable to the hotel together with the customer as joint and several debtor for all obligations arising from the hotel accommodation contract, provided that the hotel has received a corresponding declaration from the third party.
The hotel is liable for its obligations arising from the contract. In the area not typical for the service, liability is limited to intent and gross negligence on the part of the hotel.
The limitation period for all customer claims is 6 months.
This limitation of liability and short limitation period shall also apply in favor of the hotel in the event of breach of obligations in the initiation of the contract and positive breach of contract.
Services, prices, payment, offsetting
The hotel is obliged to keep the booked rooms available for the customer and to provide the agreed services.
The customer is obliged to pay the applicable or agreed prices of the hotel for the room rental and the other services used by him. This also applies to services and expenses of the hotel to third parties arranged by the customer.
The agreed prices include the respective statutory value added tax.
The prices may be adjusted by the hotel if the customer subsequently requests changes to the number of rooms booked, the hotel's services or the length of the guests' stay and the hotel agrees to this.
Hotel invoices without a due date are payable in full within 30 days of receipt of the invoice. The hotel is entitled to declare accrued receivables due at any time and to demand immediate payment. In the event of late payment, the hotel is entitled to charge interest on arrears.
The hotel is entitled to demand a reasonable advance payment or security deposit upon conclusion of the contract or thereafter in compliance with the statutory provisions for package tours. The amount of the advance payment and the payment dates may be agreed in writing in the contract. The customer may only offset or reduce a claim of the hotel with an undisputed or legally binding claim.
In the event of smoking in the room, the hotel is entitled to charge a cleaning fee of between CHF 300 and CHF 1,000, depending on the room category and duration of non-occupancy.
Withdrawal by the customer (cancellation, termination)
Withdrawal by the customer from the contract concluded with the hotel requires the hotel's written consent. If this is not given, the agreed price from the contract must be paid even if the customer does not make use of the contractual services. This does not apply in the event of a delay in performance by the hotel or an impossibility of performance for which the hotel is responsible.
If a date for withdrawal from the contract has been agreed in writing between the hotel and the customer, the customer may withdraw from the contract up to that date without incurring payment or damage compensation claims by the hotel. The customer's right of withdrawal expires if he does not exercise his right of withdrawal in writing vis-à-vis the hotel by the agreed date, unless there is a case of default on the part of the hotel or an impossibility of performance for which it is responsible. In the case of rooms not used by the customer, the hotel must offset the income from renting the rooms to other parties as well as the expenses saved.
Hotel resignation
If the customer's right to withdraw from the contract within a certain period has been agreed in writing, the hotel is entitled to withdraw from the contract during this period if there are inquiries from other customers for the contractually booked rooms and the customer does not waive his right of withdrawal upon enquiry by the hotel.
If an agreed advance payment is not made even after a reasonable grace period set by the hotel with a warning of refusal has expired, the hotel is also entitled to withdraw from the contract.
In addition, the hotel is entitled to withdraw from the contract for objectively justified reasons, for example if force majeure or other circumstances for which the hotel is not responsible make it impossible to fulfill the contract; rooms are booked under misleading or false statements of material facts, e.g. in the person of the customer or the purpose; the hotel has justified cause to believe that the use of the hotel's services may jeopardize the smooth operation, security or public reputation of the hotel, without this being attributable to the hotel's sphere of control or organization. A breach of the aforementioned scope of application (2) exists.
The hotel must inform the customer immediately of the exercise of the right of withdrawal.
In the event of a justified withdrawal by the hotel, the customer is not entitled to compensation.
Provision, handover and return of rooms
The customer has no claim to the provision of specific rooms.
Booked rooms are available to the customer from 15:00 on the agreed day of arrival. The customer is not entitled to earlier availability.
On the agreed day of departure, the rooms must be vacated by the hotel by 12:00 noon at the latest. Thereafter, the hotel may charge 50% of the full accommodation price (list price) for the continued use of the room until 6:00 p.m. and 100% from 6:00 p.m. onwards. The customer is at liberty to prove to the hotel that no damage or significantly less damage has been incurred.
Liability of the hotel
The hotel is liable with the diligence of a prudent businessman. Liability in non-typical service areas is limited to defects, consequential damages or disruptions caused by intent or gross negligence on the part of the hotel. Should disruptions or defects occur in the hotel's services, the hotel shall endeavor to remedy such upon knowledge thereof or upon immediate complaint by the customer. The customer is obliged to make reasonable efforts to remedy the disruption and minimize any possible damage.
The hotel is liable to the customer for items brought into the hotel in accordance with the statutory provisions (OR 487) up to a maximum amount of CHF 1,000. The hotel recommends making use of this option. Claims for damages expire if the customer does not notify the hotel of the loss, destruction or damage immediately after becoming aware of it (§ 703 BGB).
If the customer is provided with a parking space in the hotel garage or in a hotel parking lot, even for a fee, this does not constitute a safekeeping agreement. The hotel shall not be liable for loss of or damage to motor vehicles parked or maneuvered on the hotel property and their contents, except in cases of intent or gross negligence. This also applies to vicarious agents of the hotel.
Wake-up calls are carried out by the hotel with the utmost care. Claims for damages, except for gross negligence or intent, are excluded.
Messages, post and consignments for guests are handled with care. The hotel will take care of the delivery, storage and - on request and for a fee - forwarding of the same. Claims for damages, except for gross negligence or intent, are excluded.
Final provisions
Amendments or additions to the contract, the acceptance of the application or these terms and conditions for hotel accommodation should be made in text form. Unilateral amendments or additions by the customer are invalid.
The place of performance and payment is the location of the hotel.
The exclusive place of jurisdiction - also for disputes relating to checks and bills of exchange - in commercial transactions is the hotel's registered office.
Swiss law applies.
Should individual provisions of these General Terms and Conditions for Hotel Accommodation be or become invalid or void, this shall not affect the validity of the remaining provisions.
In all other respects, the statutory provisions apply.
Zurich, May 2024