AGB | Gibswilerstube GmbH

General Terms and Conditions of Gibswilerstube GmbH

1. Basics

These General Terms and Conditions (GTC) regulate the legal relationship between the guest/customer/organizer, hereinafter referred to as the guest, and the Hotel Gibswilerstube GmbH as the operator of the Hotel Gibswilerstube, hereinafter referred to as the hotel.

For the sake of simplicity, these terms and conditions always refer to the contract - regardless of the service.

Only the hotel’s terms and conditions valid at the time the contract was concluded apply. The guest's general terms and conditions only apply if this was expressly agreed in writing before the contract was signed.

If individual provisions of these General Terms and Conditions are ineffective or invalid, this will not affect the validity of the contract and the remaining General Terms and Conditions provisions. Otherwise, the statutory provisions apply.

2. Jurisdiction / Applicable Law

For any disputes arising from this contract, the place of jurisdiction is Hinwi Canton Zurich, unless another legally binding place of jurisdiction exists.

Swiss law applies exclusively to all contracts, reservations, any additional agreements and general conditions. The place of fulfillment and payment is the hotel’s headquarters.

3. Definitions

Groups: Groups within the meaning of these terms and conditions are travel groups with a minimum number of 8 booked people.

Written confirmations: Email messages also count as written confirmations.

The contractual partners are the guest and the hotel.

4. Subject of the contract / scope

The contract for the rental of rooms, seminar rooms, areas as well as the purchase of other deliveries and services is concluded with the guest's written confirmation or implicitly.

A reservation made on the day of arrival is binding the moment it is accepted by the hotel.

Changes to the contract only become binding for the hotel upon receipt of 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 hotel's prior written consent.

5. Scope of services

The scope of services of the contract is determined by the guest's individually made and confirmed reservation.

Subject to other contractual agreements, the guest is not entitled to a specific room.

If there are no rooms available in the hotel despite a confirmed reservation, 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 alternative accommodation will be borne by the hotel. If the guest refuses the replacement room, the hotel must immediately reimburse the guest for services already provided (e.g. deposits). The guest has no further claims.

6. Service life

Unless otherwise agreed, the guest has the right to use the rented rooms from 3 p.m. on the agreed arrival day until 11 a.m. on the departure day.

If you arrive after 8 p.m., the guest must inform the hotel by telephone or in writing of the later arrival by 3 p.m. on the day of arrival at the latest, otherwise the hotel can use the rooms freely.

Checking into your room by 11 p.m. counts as a full night's stay.

If the guest releases the room late by 2 hours or more, the hotel can charge 50% of the full accommodation price (list price) for use beyond the contract. This does not justify the guest's contractual claims to the continued use of the areas; The right to claim damages remains reserved.

If the guest leaves the room late, 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.

7. Options

Option data is binding for both parties. After the option period has expired, the hotel can dispose of the opted rooms/rooms or services without further notice.

The confirmation must be received by the hotel no later than the last day of the option period.

8. Prices / obligation to pay

The prices communicated by the hotel are in Swiss francs (CHF) and include statutory VAT, any tourist taxes and other taxes.

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

Any increase in statutory taxes after the contract has been concluded will be borne by the guest. Prices in foreign currencies are guidelines and are charged at the current daily rate. The prices that are valid are those that are confirmed by the hotel.

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

Depending on the agreement or for a reservation amount of CHF 400 or more, the hotel may require a deposit of 30% of the total booking amount. The deposit is to be understood as a partial payment of the agreed fee.

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

An advance payment must be transferred within 5 days of receiving the reservation confirmation. If the reservation is made at short notice, the hotel requires a credit card guarantee for the entire booking amount.

If the deposit or credit card guarantee is not provided on time, the hotel can withdraw from the contract (including all service promises) immediately (without a reminder) and demand the cancellation costs listed in section 10 of these terms and conditions.

The hotel has the right to invoice or interim invoice for its services to the guest at any time.

The final invoice includes the agreed price plus any additional amounts that arise due to additional services provided by the hotel for the guest and/or the people accompanying them. Unless otherwise agreed, the final invoice must be paid in Swiss francs in cash or by an accepted credit card at the latest when checking out on the day of departure.

The hotel may charge a reminder fee of CHF 30.00 for each reminder.

Any objection to offsetting against the hotel's claims is excluded.

9. Withdrawal by the hotel

The hotel can withdraw from the contract without incurring any costs up to and including 30 days before the guest's agreed arrival date.

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

Examples of objectively justified reasons include:

an agreed advance payment or security deposit is not made within the deadline set by the hotel;
force majeure or other circumstances for which the hotel is not responsible and which make the fulfillment of the contract objectively impossible;
Rooms or rooms that are booked or used with misleading or false information, e.g. about the guest's identity or the purpose or purpose of the stay;
the hotel has reasonable grounds to believe that the use of the agreed services may impair the smooth 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 stopped making payments;
the purpose or reason for the stay is unlawful.

If the hotel withdraws for the reasons mentioned above, the guest is not entitled to compensation and compensation for the booked services remains owed.

10. Cancellation of reservation/annuallation fees cancellation

Cancellation of the reservation requires the written consent of the hotel. If this does not occur, the agreed price must be paid even if the guest does not use the contractual services. If the guest does not show up (“no-show”), at least 90% of the booked services will be charged.

The decisive factor for calculating the cancellation fee is the receipt of the guest's written cancellation at the hotel. This applies to letters as well as fax and email messages.

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

Cancellation fees:

Individual reservations

The guest can withdraw from the contract without incurring any costs up to and including 7 days before the agreed arrival date.
written cancellation of the stay 3 to 7 days before the confirmed arrival date:
50% according to reservation confirmation.
written cancellation of the stay 1 to 3 days before the confirmed arrival date:
100% according to reservation confirmation.

Optional: Conditions for special events in the region such as (e.g. trade fairs, carnival, sessions, concert weeks, etc.).

Cancellation of reservations during these special times/occasions is only possible free of charge up to 20 days before the confirmed arrival date.

For all reservations during these events, a 100% advance payment is required, which the guest must pay immediately, but at the latest by the end of the set deadline. If this advance payment is not made, the hotel can allocate the rooms to someone else. Any resulting activities or non-rental of rooms can be billed to the person responsible.

Group reservations

The cancellation fees below apply if more than 4 people in a group (see point 3) or 30% of the booked services are canceled.

The group reservation can be canceled without incurring any costs up to and including 20 days/weeks before the agreed arrival date.
written cancellation of the stay 10 to 20 days before the confirmed arrival date:
50% according to reservation confirmation.
written cancellation of the stay 1 to 10 days before the confirmed arrival date:
100% according to reservation confirmation.

Mitigation

The hotel endeavors to reassign the unused services for both canceled individual and group reservations. If the hotel can otherwise provide the canceled services to third parties within the agreed period, the guest's cancellation fee is reduced by the amount that these third parties pay for the canceled service.

11. Impossible arrival

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

The guest must prove the impossibility of arrival.

However, the obligation to pay for the booked stay resumes from the moment arrival is possible.

12. Early departure

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

In the event of an early departure, the hotel endeavors to allocate the unused services to someone else. If the hotel can otherwise provide the unused services to third parties within the agreed period, the guest's invoice amount will be reduced by the amount that these third parties pay for the canceled service.

13. Stay / Keys / Security / Internet / Smoking

The hotel room is reserved exclusively for the registered guest. Leaving the room to a third person or using it by an additional person requires the hotel's (written) approval.

By concluding a contract, the guest acquires the right to the usual use of the rented rooms and the hotel's facilities by all booked persons, which are usually accessible to the guests for use without any 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 card issued by the hotel remains the property of the hotel and allows 24-hour access to the hotel. If you lose your card, you must report it immediately to reception. A damaged card will be charged CHF 10 and the loss of the card/key will be charged CHF 20.

To access the Internet, the guest must obtain their personal login details at reception. This service is free for all guests.

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

Smoking is not permitted anywhere in the hotel.

14. Extension of stay

Unless otherwise agreed, the guest has no right to have their stay extended.

If the guest cannot leave the hotel on the day of departure because all departure options are blocked or cannot be used due to unforeseeable extraordinary circumstances / force majeure (e.g. extreme snowfall, floods, etc.), the contract is automatically valid for the duration of the impossibility of departure extended to the previous conditions.

15. Additional conditions for groups

Group rates are only applicable if agreed in advance and confirmed in writing by the hotel.

For a group of less than 8 people, the single traveler rates apply.

Groups arriving and/or departing together must be notified to the hotel in writing 3 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 list of names) must be communicated to the hotel no later than 2 calendar days before the group's arrival.

If the group is smaller than originally registered, the missing people will be billed at 100% of the proportionately booked services. Additional people will be counted and billed as individual travelers - subject to the ability to fulfill their requirements.

If a group reservation is canceled, the cancellation fees listed under point 10 apply.

16. Events

An event can include room rentals, meals, 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 event date.

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

Up to 5% lower actual number of participants: Billing based on the actual number of participants.
More than 5% lower actual number of participants: Deviation will be taken into account at (maximum) 5%.
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.
If the actual number of participants is subsequently increased, billing will be based on the actual number of participants, subject to feasibility.

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

See Section 9 of these General Terms and Conditions.

Cancellation policy

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

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

If the guest withdraws from the contract without an approved cancellation or if certain reserved services are changed or canceled, the hotel can 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 retains the right to payment of the agreed service in accordance with the order confirmation, taking into account receipt of the written cancellation as follows:

The guest can withdraw from the contract without incurring any costs by means of a unilateral written declaration no later than __ days/months before the agreed event day.

Cancellation of the event 0 – 3 days before the arrival date: 100% according to order confirmation.
Cancellation of the event 3 – 7 days before the arrival date: 50% according to order confirmation.
Cancellation of the event 7 - 14 days before the arrival date: 30% according to order confirmation.

If the guest holds an event in the hotel within a year of the originally agreed scope, 80% of the recorded invoice amount/cancellation costs will be credited back.

Event duration

If the agreed start or end times of the event are postponed without the hotel's prior written consent, 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 event participants from the premises after any extension permit has expired.

17. Food and drinks

All food and drinks are available exclusively from the hotel.

In special cases (specialties, etc.) another written agreement can be made. In such a case, the hotel is entitled to charge a service fee or a corkage fee (see separate list).

18. Handling of events

If the hotel procures technical and other equipment from third parties for the guest at the guest's request, it is acting for the guest's account.

The guest is liable for the careful treatment and proper return of the facilities. The guest releases the hotel from all third-party claims arising from the provision of these facilities.

The use of the guest's own electrical systems and devices using the hotel's power network requires the hotel's prior written approval. Any malfunctions or damage to the hotel's technical systems resulting from the use of these devices and systems will be borne by the guest, unless the hotel itself is responsible for this. The hotel can record and charge a flat rate for the electricity costs arising from the use of the electrical systems and devices.

With the consent of the hotel, the guest is entitled to use their own telephone, fax and data transmission facilities. The hotel may charge connection and connection fees for this (see separate list).

Malfunctions in technical or other facilities provided by the hotel will be remedied as quickly as possible upon notification by the guest. If the hotel is not responsible for the disruptions, disruptions will neither reduce service claims nor create liability.

The guest must obtain all official permits that may be necessary to hold 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 due to a violation of the permits must be paid by the guest.

The guest is responsible for completing the formalities and billing required in connection with the music performance and sound system with the responsible institutions (e.g. SUISA).

19. Items brought in by the guest

Exhibitions or other items, including personal items, are located in the event rooms or on the hotel grounds at the guest's risk. The hotel assumes no obligation to guard or store property. The hotel assumes no liability for the loss, destruction or damage to 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 any items brought with them.

Any decorative material brought along must meet fire safety requirements. The hotel is entitled to request official proof of this. Due to possible damage, the setup and attachment of items must be discussed with the hotel in advance.

The exhibits or other items brought in must be removed immediately after the end of the event. The hotel may remove and/or store any items left behind at the guest's expense. If the removal involves disproportionate effort, the hotel can leave the items in the event room and charge the guest the usual room rent for the duration of their stay.

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

20. Actions, Use and Liability

hotel
The hotel excludes liability towards the guest within the scope of the legal possibilities for slight and medium negligence and is only liable for damage caused intentionally or through gross negligence.
If disruptions or deficiencies occur in the hotel's services, the hotel will endeavor to remedy the situation upon immediate notification from the guest. If the guest fails to report a defect to the hotel in a timely manner, there is no right to a reduction in the contractually agreed fee.
The hotel is liable for the items brought in by guests in accordance with the statutory provisions, i.e. up to the amount of CHF 1,000. The hotel is not liable for minor or moderate negligence. If valuables (jewelry, etc.), cash or securities are not handed over to the hotel for safekeeping, the hotel is not liable to the extent permitted by law. The hotel recommends that you always keep money and valuables in the safe at the reception.
If any damage is not reported to the hotel immediately after it is discovered, the guest's claims will be lost.
The hotel is not liable under any legal title for services that it has merely provided to the guest.
The hotel declines all liability for theft or damage to material brought in by third parties.
Guest
The guest is liable to the hotel for all damage and losses caused by him, his companions or his assistants or event participants, without the hotel having to prove that the guest was at fault.
The guest is responsible for the correct use and proper return of all technical aids/equipment that the hotel makes available to him or procures on his behalf through third parties, and is liable for damages and losses.
The guest is liable to third parties for services provided and expenses incurred by the hotel.
Third
If a third party makes the booking for the guest, he or she is liable to the hotel as the purchaser together with the guest as a joint and several debtor for all obligations arising from the contract. Regardless of this, every customer is obliged to forward all booking-relevant information, in particular these general terms and conditions, to the guest.

21. Illness or death of the guest

If a guest falls ill during their stay at the hotel, the hotel will notify a doctor at the guest's request. If the guest is no longer able to act and the hotel is aware of the illness, the hotel will notify you.

In any case, medical care is provided at the guest's expense.

The contract with the hotel ends with the death of the guest.

22. Animal husbandry

Animals may only be brought into the hotel with the hotel's prior consent and for a special fee.

The guest who brings an animal into the hotel is obliged to keep or supervise this animal properly during their stay or to have it kept or supervised by suitable third parties at their own expense.

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

Alternatively: Animals are not allowed in the lounges, restaurants and event rooms as well as in the hotel's wellness area.

23. Lost property

Lost property will be forwarded if ownership is clear and the residential/business address is known. The guest bears the costs and risk for subsequent shipping.

Alternatively: After a two-month retention period, the items will be handed over to the local lost property office.

24. Further provisions

If the guest requests services that are not provided by the hotel itself, the hotel acts solely as an intermediary.

The statutory limitation periods apply. To the extent that these can be changed, the guest's claims for damages are subject to an absolute limitation period of 6 months after departure.

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