General Terms and Conditions for the Accommodation Contract

Scope of Application

1. These terms and conditions apply to contracts for the rental of hotel rooms for accommodation, as well as all other services and deliveries provided by the hotel to the customer.

2. Subletting or re-letting of the provided rooms and their use for purposes other than accommodation require the prior written consent of the hotel.

3. Terms and conditions of the customer only apply if this has been previously agreed upon.

Conclusion of Contract, Partners, Liability; Limitation

1. The contract is concluded upon the acceptance of the customer’s application by the hotel. The hotel is free to confirm the room booking in writing.

2. Contractual partners are the hotel and the customer. If a third party has ordered for the customer, they shall be liable to the hotel together with the customer as joint debtors for all obligations arising from the hotel accommodation contract, provided the hotel has a corresponding statement from the third party.

3. The hotel is liable for its obligations under the contract. In the non-performance typical area, liability is limited to the intent and gross negligence of the hotel.

4. The limitation period for all claims of the customer is 6 months.

5. This limitation of liability and short limitation period applies in favor of the hotel even in case of violation of obligations during contract initiation and positive breach of contract.

Services, Prices, Payment, Set-off

1. The hotel is obligated to keep the booked rooms available for the customer and to provide the agreed services.

2. The customer is obligated to pay the applicable or agreed hotel prices for rooms provided and for other services used by them. This also applies to services and expenses of the hotel to third parties caused by the customer.

3. The agreed prices include the respective statutory value-added tax.

4. The prices can be adjusted by the hotel if the customer subsequently changes the number of booked rooms, the service of the hotel, or the duration of the guests' stay, and the hotel agrees to this.

5. Invoices of the hotel without a due date are payable within 30 days from receipt of the invoice without deduction. The hotel is entitled to declare accrued claims due at any time and to demand immediate payment. In case of default in payment, the hotel is entitled to charge default interest.

6. The hotel is entitled to demand a reasonable advance payment or security deposit upon the conclusion of the contract or thereafter, considering the legal provisions for package tours. The amount of the advance payment and the payment dates can be agreed upon in writing in the contract. The customer can only offset or reduce a claim by the hotel with an undisputed or legally binding claim.

7. Should smoking occur in the room, the hotel is free to charge a cleaning fee between CHF 300 and CHF 1,000, depending on the room category and the duration of non-occupancy.

Customer Withdrawal (Cancellation, Termination)

1. Withdrawal by the customer from the contract concluded with the hotel requires the written consent of the hotel. If this is not done, the agreed price from the contract is to be paid even if the customer does not use the contractual services. This does not apply in cases of delay in performance by the hotel or impossibility of performance for which the hotel is responsible.

2. If a date for withdrawal from the contract has been agreed upon in writing between the hotel and the customer, the customer can withdraw from the contract by that date without triggering payment or damage claims by the hotel. The customer's right of withdrawal expires if they do not exercise their right to withdraw in writing to the hotel by the agreed date unless there is a case of delay in performance by the hotel or impossibility of performance for which the hotel is responsible. For rooms not used by the customer, the hotel must offset the income from other rental of the rooms and saved expenses.

Hotel Withdrawal

1. If a right to withdraw within a certain period was agreed in writing for the customer, the hotel is also entitled to withdraw from the contract during this period if inquiries from other customers for the contractually booked rooms are available and the customer does not waive their right to withdraw upon inquiry by the hotel.

2. If an agreed advance payment is not made even after a reasonable grace period set by the hotel with a threat of refusal, the hotel is also entitled to withdraw from the contract.

3. Furthermore, the hotel is entitled to withdraw from the contract extraordinarily for objectively justified reasons, for example, if force majeure or other circumstances not attributable to the hotel make the fulfillment of the contract impossible; rooms are booked with misleading or false information of essential facts, e.g., in the person of the customer or the purpose; the hotel has justified reason to assume that the use of the hotel's services may endanger the smooth operation, security, or reputation of the hotel in public, without this being attributable to the hotel's sphere of control or organization. A violation of the above-mentioned scope clause (2) applies.

4. The hotel must inform the customer immediately of the exercise of the right of withdrawal.

5. In the case of justified withdrawal by the hotel, the customer has no claim for damages.

Room Provision, Handover, and Return

1. The customer has no claim to the provision of specific rooms.

2. Booked rooms are available to the customer from 3:00 PM on the agreed arrival date. The customer has no right to earlier availability.

3. On the agreed departure date, the rooms must be vacated by the hotel no later than 12:00 PM. After that, the hotel can charge 50% of the full accommodation rate (list price) for the additional use of the room until 6:00 PM, and 100% from 6:00 PM. The customer is free to prove to the hotel that no or significantly lower damage has been incurred.

Hotel Liability

1. The hotel is liable with the diligence of a prudent businessman. Liability is limited in non-typical service areas to defects, consequential damage, or disruptions due to intent or gross negligence by the hotel. Should disruptions or defects in the hotel's services occur, the hotel will endeavor to remedy the situation upon knowledge or immediate notification by the customer. The customer is obliged to contribute what is reasonable for him to eliminate the disruption and keep any possible damage to a minimum.

2. The hotel is liable to the customer for items brought in according to the legal provisions (OR 487) up to a maximum of CHF 1,000. The hotel recommends making use of this option. Claims for damages expire if the customer does not immediately notify the hotel of the loss, destruction, or damage upon gaining knowledge thereof (§ 703 BGB).

3. If a parking space is made available to the customer in the hotel garage or a hotel parking lot, even for a fee, this does not constitute a safekeeping agreement. In case of loss or damage to vehicles parked or maneuvered on the hotel property and their contents, the hotel is not liable, except in cases of intent or gross negligence. This also applies to vicarious agents of the hotel.

4. Wake-up orders are carried out by the hotel with the greatest care. Claims for damages, except due to gross negligence or intent, are excluded.

5. Messages, mail, and merchandise for guests are handled with care. The hotel takes care of delivery, storage, and - upon request and for a fee - forwarding the same. Claims for damages, except due to gross negligence or intent, are excluded.

Final Provisions

1. Amendments or supplements to the contract, the acceptance of the application, or these terms and conditions for the hotel accommodation should be made in writing. Unilateral changes or additions by the customer are invalid.

2. The place of performance and payment is the location of the hotel.

3. The exclusive place of jurisdiction - also for disputes over checks and bills of exchange - in commercial transactions is the location of the hotel.

4. Swiss law applies.

5. 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 other respects, the statutory provisions apply.

Zurich, May 2024