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Bürgenstock Bahn AG
Hammetschwand Lift AG
Bürgenstock Hotels & Resort
Aura Foto Film Verlag GmbH, Emanuel und Gabriel Ammon
azure art AG Marco Stalder
John Athimaritis Photography
PPR Media Relations AG
Robert Miller Pictures
Tobias Stahel Photographer
1. These General Terms and Conditions (hereinafter referred to as "GTC") apply to the provision of accommodation services based on individual guest bookings (hereinafter referred to as "reservation") for a maximum of 9 rooms per booking and the associated services which Bürgenstock Hotels AG, Bürgenstock Bahn AG and Hammetschwand Lift AG (hereinafter jointly referred to as "Hotel") provide to guests. All offers made by the Hotel are based on these GTC, which form an integral part of every reservation.
2. Should these GTC contradict the contractual conditions of a guest, these GTC shall take precedence.
1. After the guest has made a reservation, he will receive a written confirmation from the hotel. Only with this written confirmation of the hotel a contract with the guest is concluded.
2. The conditions of the booked rate (e.g. Flex Saver Rate, Best Flexible Rate, Early Booking Rate) apply to individual company reservation requests and individual booking requests.
3. If the reservation is processed under a company identification, all individually arriving guests will be asked to present a valid identification document at check-in to exclude abuse by persons outside the company and business partners.
If a guest is unable to present a valid identification document, the hotel reserves the right to adjust the corporate rate program to reflect the lowest available room rate at the time of booking.
The corporate rate program is subject to availability and is agreed upon as non-last room availability. For exclusion dates for special events in the area of the Bürgenstock Resort and/or the city or region of Lucerne, the lowest available rate of the hotel in which a room has been reserved shall apply.
1. The hotel shall provide the services ordered by the guest and confirmed in writing by the hotel.
Unless otherwise agreed in writing, the guest does not acquire the right to the provision of a specific room within a room category.
2. Guests who break off their stay earlier than planned will be charged an early departure fee. The fee is 100% of the cost of the originally booked and remaining stay.
3. Guests must be of legal age (18 years or older) and present valid identification to reserve and check-in a room.
4. If a guest does not arrive for the stay, payment of the total amount shown on the original reservation confirmation is still due.
5. Use of a parking space in the hotel garage/parking lot creates a separate contractual relationship with the operator of the garage or parking lot.
6. The hotel offers a wake-up service. It shall wake the guests with due diligence. With regard to liability, point VIII. 1) shall apply.
7. Messages, mail and packages for the guest are handled with due care. The Hotel shall take care of delivery, storage and - if expressly requested - forwarding of the same against payment. With regard to liability, Clause VIII. 1) shall apply.
8. The insurance of exhibition and other items brought in by the guest is the responsibility of the guest. The Hotel may at any time require the Guest to furnish proof of adequate insurance.
The guest undertakes to notify the hotel in good time of the possibility of an exceptionally high loss.
9. All prices are quoted in Swiss francs (CHF) and include the statutory value added tax (VAT). The room rates quoted are exclusive of the cantonal visitor's tax, which is levied at the resort level. If more than 4 months have passed between the conclusion and fulfillment of the contract and the statutory VAT has changed during this period, the prices will be adjusted accordingly.
If the guest does not provide a valid payment method at the time of booking, the hotel has the right to cancel the reservation without prior notice until the date of arrival.
10. The hotel expressly reserves the right to revise the prices within the agreed period.
11. All individual room reservations are subject to the payment terms of the rate program booked by the guest and confirmed by the hotel.
12. The room reservations and the services included therein are subject to the tariff conditions underlying the booking. These services are to be consumed in full by the guest during his stay. A credit note or refund is excluded.
13. Room reservations, which concern 5 to 10 rooms of the same type for the same arrival and departure dates, are treated as group reservations and are subject to the following separate regulation. Same rule applies for any individual booking made for more than 5 nights.
– A deposit of 50% of the amount of the reservation is required at time of booking. This amount is non-refundable and will be applied as a credit towards a new booking in the event of cancellation in due time (14 days prior to arrival).
– The reservation can be cancelled free of charge up to 14 days before arrival.
– In case of no-show and/or cancellation less than 14 days prior to arrival, the entire outstanding invoice amount is owed with no option for refund or credit.
14. The guest agrees to pay the agreed price or the price usually charged by the hotel for the hotel room and other services or goods. This also applies to goods and services purchased by guests/visitors of the guest (including ancillary services such as consumption, telephone calls, etc.).
15. Unless and to the extent that advance payment is requested by the hotel, the full amount of the goods and services claimed shall be due for payment no later than upon the guest's departure. Payments can be made either by credit card (MasterCard, VISA, American Express, Diners Club, JCB), debit card (EC/Maestro, Postcard) or in cash.
16. If the parties have agreed on payment against invoice, the total invoice amount is due 10 days after the invoice date, but no later than the arrival date. In case of default, the hotel is entitled to charge interest at the rate of 5% p.a. from the first day of default and reserves the right to cancel the booking at any time after the arrival date without prior notice.
If the Hotel grants the Guest a deferment of payment or a credit and the Guest does not make any payment within the set period, the Hotel may immediately cancel the deferment of payment or the granting of the credit and the entire amount deferred shall become immediately due for payment.
17. The guest has no right of retention.
Offsetting is only permitted with the express consent of the hotel.
1. Reserved hotel rooms can be occupied by the guest from 3.00 p.m. on the agreed day of arrival.
2. Hotel rooms must be vacated by the guest by 12.00 noon at the latest on the agreed departure day. After that time, the hotel may apply the following surcharges for loss of use:
– Until 4.00 p.m.: 50% of the normal room rate (list price);
– After 4.00 p.m.: 100% of the normal room rate (list price).
Further claims for damages by the hotel remain reserved.
3. Individual room reservations made by the guest are subject to the conditions of the booked rate program.
4. If the reserved hotel rooms cannot be made available, the hotel shall arrange for accommodation in a hotel of similar category and comparable quality. In addition, the hotel will pay the following expenses incurred in this connection:
– Transportation from the hotel to the hotel of similar category;
– A telephone call.
The Hotel will not bear any costs other than those mentioned above. The assumption of costs is limited to the difference between the booked daily rate and the rate offered by the substitute hotel. Consequently, the guest owes the hotel the agreed price regardless of the change of accommodation.
1. If advance payment has been agreed between the guest and the hotel and the guest fails to pay within a reasonable grace period set by the hotel, the hotel may, at its option, terminate the contract or claim damages for non-performance of the contract.
2. The hotel is entitled to terminate the contract for good cause. This concerns namely the following cases:
– The guest makes misleading or false statements regarding essential facts, namely his person or the purpose of the hotel booking, when booking the room;
– The hotel has good reason to believe that the guest's use of the hotel's services or goods could affect the smooth operation, safety or public reputation of the hotel.
3. In case of justified cancellation of the contract by the hotel, the guest is not entitled to any compensation.
4. In the event of a termination of the contract pursuant to clauses IV. 2) and 3), the guest shall pay the agreed price for the contractually agreed services despite the termination of the contract.
1. Neither of the parties shall be deemed to be in breach of contract to the extent that the performance of their respective contractual obligations is prevented or significantly impeded by an event of force majeure. For the purposes of this provision, the term "Force Majeure" shall include any cause and/or event not caused by or under the control of the Guest, including but not limited to: Fire, flood, hurricane, earthquake, volcanic eruption, strike, explosion, riot, war, terrorism, (military) coup, snow slide/avalanche, pandemic/epidemic (e.g. Covid-19) or any health situation as well as any decision of the Swiss authorities.
2. In case of a situation of force majeure, the guest cannot claim for damages and/or loss of profit. In this case, the parties agree to postpone the hotel stay to a new date according to the availability of the hotel within 12 months from the date of termination of the force majeure The terms and conditions of the contract concluded between the parties shall continue to apply unchanged for this replacement date. Withdrawal from the contract is not possible.
3. Each party is obliged to notify the other party of the occurrence and termination of a case of force majeure within three days. The period in which the hotel stay can be made up after the termination of the force majeure begins with the day following the notification of the termination of the force majeure.
4. If the Guest does not make up for the stay in the hotel within 12 months of receiving notification of the termination of the force majeure, the Guest's entitlement to the services shall expire. However, he remains obliged to pay the agreed price to the hotel.
If the hotel is unable to offer the guest a replacement date within the aforementioned period of 12 months, the period for making up the hotel stay shall be extended by 6 months.
The hotel will grant the guest an extension of the 12-month period for making up the hotel stay by 6 months upon request, if the guest submits a corresponding request to the hotel within the 12-month period.
1. The guest agrees to comply with all fire safety regulations of the Bürgenstock Resort, in particular with regard to keeping escape routes clear, observance of the smoking ban, etc. If the client brings decoration materials, these must comply with the official fire safety regulations.
2. The guest must ensure that no more persons have access to the booked room types than are permitted under the hotel's rules and regulations.
3. The maximum number of persons specified by the hotel is binding. In case of violation of these regulations, the hotel declines any liability.
4. The placement of decorative materials or other objects on walls, doors and ceilings always requires the prior consent of the hotel. The guest is liable for all damages incurred by the Bürgenstock Resort through the use of these materials.
The guest is required at all times to follow the Spa Regulations and Spa Etiquette.
1. The guest is liable to the hotel for all damages, losses or other impairments caused by himself, his employees, his agents or event participants or other third parties.
2. The hotel disclaims any liability for theft and property damage caused by a guest.
3. All claims for damages by the guest against the hotel are excluded to the extent permitted by law.
Damages and/or losses resulting from death, bodily injury or impairment of health, as well as other direct damages and/or losses, can only be claimed by the guest if these damages have occurred due to an intentional or grossly negligent breach of duty by the hotel. Any further liability, in particular for slight or medium negligence or for indirect damages, including loss of profit and compensation for indirect losses and/or damages, is expressly excluded.
The guest undertakes to inform the hotel in good time of the possibility of exceptionally high damages.
4. In the event of defects in the services provided by the hotel, the hotel shall endeavor to remedy the defect as soon as it becomes apparent or as soon as such defect is reported by a guest. The guest's complaint must be made immediately after the defect is discovered, otherwise all warranty rights are forfeited. The Guest undertakes to take all reasonable measures to remedy the defect and to minimize any potential damage.
5. In deviation from the limitation periods of the Code of Obligations, the relative limitation period for non-contractual and quasi-contractual claims is 1 year and the absolute limitation period is 5 years.
With regard to the limitation of contractual claims, the statutory provisions shall apply.
6. The guest is obliged to maintain public order.
He undertakes to indemnify the hotel against civil and public law claims asserted against the hotel by authorities or third parties and to bear in full the costs incurred by the hotel in this connection (including lost profits, legal fees).
The use of logos/images of the Hotel by the Guest in any form requires the prior written consent of the Hotel. If said logos/pictures are published without such permission, the hotel may withdraw from the contract. The guest is liable for all damages incurred by the Bürgenstock Resort through the use of said logos/pictures.
1. All contracts between the hotel and the guest shall be governed by Swiss substantive law (excluding the provisions of international private law and the CISG). The ordinary courts of the Canton of Nidwalden shall have exclusive jurisdiction over all disputes between the hotel and the guest arising from these contracts.
2. Should one or more provisions of these GTC be invalid, the remaining contractual provisions shall remain unaffected. In this case, the invalid provision shall be replaced by a provision that comes closest to the purpose of the invalid provision and the entire contract.
Obbürgen, December 2020