General Terms and Conditions
I. Scope of Application
1. These General Terms and Conditions of Business (hereinafter “T&Cs”) apply to the provision of accommodation services on the basis of individual Guest bookings (hereinafter “Reservation”) for a maximum of 9 rooms per booking and the associated services provided by Bürgenstock Hotels AG, Bürgenstock Bahn AG and Hammetschwand Lift AG (hereinafter jointly “Resort”) to Guests and customers, as well as to the purchase of vouchers and products in the online shop. Any offerings of the Resort are based on these T&Cs, which form an integral part of any Reservation, service or sale of goods.
2. Any room Reservations made with the same arrival and departure dates for 10 or more rooms will be treated as a group Reservation and will be subject to separate General Terms and Conditions of Business for Group Reservations.
3. These T&Cs shall prevail if they conflict with the terms of contract of a Guest.
II. Conclusion of Contract
1. After making a Reservation, the Guest will receive a written confirmation from the Resort. Only with this written confirmation of the Resort will a contract be concluded with the Guest.
2. The attached terms, rate structure and inventory offered apply to individual corporate Reservation requests and individual booking requests processed through the Resort.
3. If the Reservation is processed under a company identification, all Guests arriving individually will be asked to present a valid company ID document and official ID at check-in to exclude misuse by persons outside the company as well as corporate and business partners.
If a Guest cannot provide a valid corporate ID document, the Resort reserves the right to adjust the corporate rate programme to the lowest available rates at the time of booking.
The corporate rate programme is subject to availability and is agreed as non-last room availability. For exclusion dates at special events in the area of the Bürgenstock Resort and/or the City or Region of Lucerne, the lowest available rate of the Resort in which a certain room category was booked applies.
III. Services, Payments, Pricing and Billing
1. The Resort shall provide the services ordered by the Guest and confirmed by the Resort via e-mail. Unless otherwise agreed by e-mail or in writing, the Guest does not acquire any right to an assignment of a specific room within a room category.
2. Guests who cancel 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 official ID to reserve and check into a room.
4. If a Guest fails to arrive for the stay without notice, payment of the total amount shown on the original reservation confirmation shall still be due.
5. Use of a parking space in the Resort garage/parking lot is subject to these T&Cs at hand.
6. The Resort offers a wake-up service. It wakes up Guests with due care. The execution of the wake-up service cannot be guaranteed. The Resort is not liable if the Guest fails to wake-up and the disadvantages or damages incurred by the Guest on account thereof.
7. Messages, mail and parcels for the Guest will be handled with due care. The Resort will handle the delivery, storage and, if expressly requested, forwarding of the same for a fee. Any liability of the resort in connection with messages, mail and parcels is excluded. In particular, the Resort is not liable for the timely delivery of messages, mail and parcels.
8. The insurance of exhibits and other items brought in by the Guest is the responsibility of the Guest. By bringing in exhibits and other items, the Guest confirms that the delivered exhibits and other items are sufficiently insured. The Resort may require proof of sufficient insurance from the Guest at any time. The Resort is liable for exhibits and other items brought in only in the event of intent or gross negligence on the part of the Resort. If the Guest does not hand over any valuables, major sums of money or securities to the Resort for storage, the Resort shall only be liable in the event of intent or gross negligence on the part of the Resort. Liability for auxiliary persons is excluded. Any claim for damages by the Guest is forfeited, if the Guest fails to report the damage to the Resort immediately upon discovery.
9. All prices are in Swiss francs (CHF) and include the statutory value-added tax (VAT). The room tariffs shown are exclusive of the cantonal tourist tax charged for the Resort and its affiliates. If the statutory fees and levies as well as taxes have changed between the conclusion of the contract and the fulfilment of the contract, the prices will be adjusted accordingly.
10. The Resort expressly reserves the right to revise the tariffs within the agreed time frame.
11. Any individual room Reservations are subject to the payment terms of the tariff programme previously booked and confirmed by the Resort at the time of booking. If the Guest does not provide a valid payment method as guarantee 24 hours after the booking time, the Resort has the right to cancel the Reservation without prior notice.
12. All room reservations are subject to various tariff conditions and included services available for consumption during the Guest’s stay as per the original booking confirmations. If such services included in the tariff programme are not used during the Guest’s stay in accordance with the original booking confirmation, these included services will not be credited or refunded in cash for further stays and will be forfeited without compensation.
13. All room Reservations involving a minimum of 5 rooms and up to 9 rooms for the same arrival and departure date and the same stay date will be treated as a small group Reservation and are subject to these T&Cs at hand.
A small group Reservation requires a 50% deposit within 24 hours after the booking confirmation has been received by the guest of the total amount of the stay and may be cancelled free of charge up to 14 days prior to arrival. In case of no-show and/or cancellation less than 14 days prior to arrival, the total amount of the small group Reservation shall be due. The Resort may withhold the deposit already paid and charge the remaining balance for the rooms. The payment terms of the small group reservation also apply to an individual reservation with a length of stay of more than 5 nights. Also point 11 applies.
14. The Guest agrees to pay the agreed rate or the rate normally charged by the Resort 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.).
Unless and until prepayment is requested by the Resort, the full amount of the goods and services used will be due for payment no later than the Guest’s departure. Payments can be made either by credit card (for example: MasterCard, VISA, American Express, Diners Club, JCB; Allipay, TWINT), debit card (for example EC/Maestro, Postcard) via a voucher issued by Bürgenstock Hotels AG or in cash with the foreign currency payment types available at the Resort.
A voucher cannot be used as a means of payment, if no specific service has been provided by the Resort in advance. A deposit with a voucher is also not possible.
15. If the parties have agreed in advance to payment on via an invoice sent by the Resort, the entire invoice amount will be due 10 days after the invoice date. In the event of default, the Resort shall be entitled to charge interest at the rate of 5% per annum from the first day of default and reserves the right to cancel the booking at any time prior to the arrival date without prior notice.
16. Contract Cancellation/Termination by the Resort
If prepayment has been agreed between the Guest and the Resort and the Guest does not pay within the reasonable grace period set by the Resort, the Resort may, at its choice, terminate the contract or claim damages for non-performance of the contract.
The Resort is entitled to terminate the contract for good cause. This applies in particular to the following cases:
· The Guest makes misleading or false statements regarding material facts, namely their person or the purpose of the hotel booking, when booking a room;
· The Guest has not paid any outstanding and due claims of the Resort;
· The Guest has seriously violated the house rules;
· The Resort has reasonable grounds to believe that the Guest’s use of the Resort’s services or goods could adversely affect the smooth operation, safety or reputation of the Resort in public.
In the event of a legitimate termination of the contract by the Resort, the Guest is not entitled to any compensation.
In case of termination of the contract pursuant to Clause IV. 2) and 3), the Guest must pay the agreed price for the contractually agreed services despite termination of the contract.
17. The Guest has no right of retention. The Guest cannot offset a charge.
IV. HOTEL ROOMS
1. Reserved hotel rooms can be occupied by the Guest from 3 pm on the agreed day of arrival.
2. Hotel rooms must be vacated by no later than 12 noon on the day of scheduled departure. Thereafter, the Resort may apply the following surcharges for loss of use and subject to availability:
· until 4 pm: 50% of the normal room rate (daily rate);
· from 4 pm: 100% of the normal room rate (daily rate).
The Resort reserves the right to further claims for damages.
3. Individual room reservations made by the guest are subject to the terms and conditions of the booked room rate agreed at the time of booking. These terms are dynamic and may include other features for the same programme at different times.
4. If the reserved hotel rooms cannot be provided, the Resort is responsible for organising accommodation in a hotel of a similar category and comparable quality. In addition, the Resort will pay the following costs incurred in connection therewith:
· Transportation from the Resort to the hotel of a similar category;
· One phone call.
The Resort will not pay any costs other than those mentioned above. The assumption of costs is limited to the difference between the booked daily price and the price offered by the replacement hotel. Consequently, the Guest owes the Resort the agreed price of the entire stay, irrespective of the change of accommodation. The hotel of a similar category will then bill directly to the Resort.
1. The customer is entitled to access and use the facilities of the Bürgenstock Alpine Spa and the Bürgenstock Waldhotel Spa during the respective opening hours and within the scope of availability. The Resort reserves the right to make changes to course offerings and hours of operation. The Resort also reserves the right to close the spa facilities at its sole discretion, for example in the event of force majeure, inspections or other operational reasons. Guests will not receive compensation, if the spa facilities are not available or are limited during the hotel stay. In the event of the Resort closing the spa facilities, customers who have already purchased spa admission for the period concerned will receive a voucher to use the spa on a different day. A refund of the entrance fee or any other compensation to the customer as well as any liability of the Resort in connection with the closure of the spa facilities is excluded. The customer must be at least 16 years of age to use the spa facilities without adult supervision.
The customer will receive their own spa admission wristband to wear at all times. Before each visit, the customer is obliged to register at the reception of the Bürgenstock Alpine Spa or the Waldhotel Spa. The wristband is non-transferable.
Misconduct and abuse of the spa wristband, its transfer to third parties and/or individuals will be subject to sanctions such as the customer’s exclusion from the spa facilities, without reimbursement.
The customer or their legal representative is personally liable for all damages caused by improper use of the facilities and equipment of the Bürgenstock Alpine Spa and the Bürgenstock Waldhotel Spa. The resort is not liable for self-damage caused by improper use of the spa facilities, their equipment and access areas or by personal health deficiencies that the client fails to bring to the attention of the Bürgenstock Alpine Spa or Waldhotel Spa team in order to receive appropriate instruction and access authorisation.
The Resort reserves the right to deny the customer access to the spa facilities, if the customer is not in a medically and physically sound condition.
The Resort shall only be liable for damages resulting from the use of the spa, if such damages were caused by an intentional or grossly negligent breach of duty by the Resort. In all other respects, all liability provisions pursuant to Art. IX of these T&Cs at hand shall apply.
3. House Rules and SPA Etiquette
The customer must comply with the house rules and SPA etiquette and follow staff instructions. The currently applicable house rules and the currently applicable spa etiquette are on display at the entrance to the spa and can be viewed by the customers. The customer declares that he/she has been informed of the house rules and spa etiquette prior to the conclusion of the contract and that he/she agrees to abide by these rules.
4. Cancellations and Delays
Spa service cancellations are free of charge up to 24 hours in advance. Full fees will apply in the event of late cancellation or cancellation without notice. In the event of a delay, there is no reduction in costs or extension of the services already booked.
Lockers are available at the spa. The Resort assumes no responsibility or liability for unsecured valuables.
6. Mobile Phones, Photos and Videos
The use of video and photographic equipment in the spa area is only permitted with the approval of the Resort. This is to protect privacy.
1. All Resort vouchers are subject to the following conditions, in addition to these T&Cs at hand:
2. Redemption of Vouchers
In the case of vouchers, it should be noted that these are transmitted to the customer by the resort with a tamper-proof code. Since the customer can print the voucher himself, several prints are possible, but only one print is value-relevant and redeemable. The first redeemed voucher with the corresponding code will be considered the original and must be deducted by the Resort immediately after redemption. Presentation of additional copies with the same code shall constitute misuse, which can lead to consequences under criminal law. There is no entitlement to fulfilment and/or delivery, or to compensation on the part of the Resort if a voucher code that has already been redeemed is used. If the intention is to redeem a voucher, the person(s) is/are obliged to inform the staff member immediately upon arrival or prior to consumption of the service that payment is being made with a voucher. This is the only way the resort can check the validity of the voucher in advance. Should it subsequently transpire that the voucher is not valid as described above, the person is obliged to pay for all services consumed on site and with another valid means of payment.
3. Transferability of Vouchers
As a voucher can be passed on or given as a gift, there is no obligation or possibility on the part of the Resort to check the entitlement of the person redeeming the voucher. In principle, only the existing or available value of the voucher will be checked and redeemed, if applicable.
4. Validity of Vouchers
Vouchers are generally valid for 2 years (see date and validity period on voucher). After this period, the Resort is no longer obliged to accept it. Lost vouchers will not be replaced. In addition, vouchers cannot be returned for cash payment. If the value of the voucher is more than the service consumed, the resort is prepared to credit the remaining balance of the voucher in full against further visits or consumptions. In such a case, there is no cash entitlement to payment of the residual amount of the voucher that is still open. The Resort is not obligated to accept unpaid vouchers as payment. For operational reasons, the services listed in the voucher can only be provided or guaranteed by the Resort, if a corresponding and timely Reservation has been made. This is especially true for vouchers associated with overnight stays and group vouchers.
5. Voucher Benefits
The service described in the voucher may vary slightly depending on the circumstances, but may not represent a relevant reduction in value for the Guest. If, on the other hand, the service is offered at a higher price at the time the voucher is redeemed, the surcharge for this must be paid, provided the date of purchase of the voucher is more than 24 months before the redemption date. The vouchers can only be redeemed for consumption at the Resort and cannot be used for services provided by third-party partners. If the Resort has to shut down or give up for any reason, the vouchers will be forfeited without compensation. This shall also be the case, if the operation verifiably changes ownership. In such a case, claims cannot be filed against the Resort as the original issuer of the vouchers.
Payments can be made by credit card (such as MasterCard, VISA, American Express, Diners Club, JCB), debit card (such as EC/Maestro, Postcard) or cash. If paying by credit card, the amount will be charged immediately to the selected credit card. Resort invoices are due immediately and payable without any deduction. From the 30th day after the invoice date, the Resort is entitled to charge interest in arrears at the rate of 5%.
A voucher cannot be used as a means of payment, if no specific service has been provided by the Resort in advance. Likewise, deposits cannot be made with a voucher.
7. Right of Cancellation
There is no right of cancellation for vouchers that are paid and printed online.
Complaints regarding the scope of delivery, material defects, incorrect deliveries and deviations in quantity must be made in writing without delay, no later than within one week of receipt of the goods or the vouchers, insofar as these can be determined by reasonable examination. In the event of justified complaints, the Resort will correct the incorrect delivery free of charge and otherwise, subject to exclusion, will at its discretion exchange the vouchers, take them back or grant the purchaser a price reduction. If, in the case of an exchange of a voucher, the replacement delivery is also defective, the purchaser shall be entitled to rescission or reduction.
VII. Force Majeure
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” includes any cause and/or event not caused by or beyond the control of the Guest, i.e. in particular: 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 by the Swiss authorities.
2. In the event of a force majeure situation, the Guest cannot claim compensation for damages and/or lost profits. In this case, the parties agree to postpone the hotel stay to a new date according to the Resort’s availability within 12 months from the date of end of the force majeure.
3. Each party is obliged to notify the other party of the occurrence and end of a case of force majeure within three days. The period during which the hotel stay can be made up after the force majeure has ended shall begin on the day following the notification of the end of the force majeure.
4. If the hotel stay is not redeemed by the Guest within 12 months of receipt of the notice of end of the force majeure, the Guest’s entitlement to the benefits will expire. However, they remain obligated to pay the agreed price to the Resort.
If the Resort is unable to offer a replacement date to the Guest within the 12-month period specified, the hotel stay will be extended by 6 months to allow the Guest to subsequently stay at the hotel.
5. The Resort will grant the Guest a 6-month extension of the 12-month period for a subsequent stay at the hotel upon request, if the Guest submits a request to the Resort within the 12-month period. If the hotel stay is not redeemed by the Guest within the Resort’s grace period, the Guest’s entitlement to the services will be forfeited. However, they remain obligated to pay the agreed price to the Resort.
In the above case, the Guest will receive a value voucher for the initial value of the service, which they can redeem for future stays at the Resort, among other things.
The Resort reserves the right to adjust rates accordingly based on occupancy, availability and season. Thus, the Guest has no claim to the originally booked price, neither of a service nor of a good.
VIII. Safety Regulations
1. The Guest agrees to comply with all fire protection regulations of the Bürgenstock Resort, in particular with regard to keeping the escape routes clear, compliance with the smoking ban, etc. If the Guest brings decoration materials, he/she must comply with the official fire protection regulations.
2. The Guest must ensure that no more persons are allowed access to the room types booked than are permitted by the rules and regulations of the Resort. If the maximum number of people is exceeded for the room types booked, Guests are required to book the corresponding number of additional rooms until the maximum number of people allowed for the room types booked is met. The Resort is not obliged to accept the bookings. Guests who do not book additional rooms despite exceeding the maximum number of persons allowed may be expelled by the resort, and the Guests shall still be required to pay for the rooms booked.
3. The maximum number of persons set by the Resort is binding. The Resort disclaims all liability, in the event of a breach of these regulations.
4. The placement of decorative materials or other objects on walls, doors and ceilings shall always require the prior consent of the Resort. The guest is liable for all damage, including subsequent damage, incurred by the Bürgenstock Resort on account of the use of these materials.
IX. Liability, Defects, Statute of Limitations
1. The Guest or his legal representative shall be liable to the Resort for all damage, loss or other impairment caused by himself, his employees, his agents or event participants or other third parties.
2. The Resort disclaims all liability for theft and property damage caused by a Guest or third party.
3. Any claims for damages by the Guest against the Resort are excluded to the extent permitted by law.
Damages and/or losses resulting from death, personal 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 Resort. Further liability, in particular in the case of slight or moderate negligence or for indirect damages, including loss of profit and compensation for indirect losses and/or damages, is expressly excluded.
The Guest agrees to advise the Resort in a timely manner of the possibility of exceptional high damage.
4. In the event of defects in the services provided by the Resort, the Resort shall endeavour 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 discovery of the defect, otherwise all warranty rights shall stand forfeited. The Guest undertakes to take all reasonable measures to remedy the defect and minimise 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.
Statutory provisions apply with regard to the limitation period of contractual claims.
6. Guests are obliged to maintain public order.
They undertake to indemnify the Resort against claims under civil and public law asserted against the Resort by authorities or third parties and bear in full the costs incurred by the Resort in this connection (including lost profits, lawyers’ fees).
7. When arranging for external services, the Resort does not assume any liability for services ordered by the Guest. The Resort does not assume any liability for auxiliary persons.
8. Items lost and/or found must be reported immediately by the owner to firstname.lastname@example.org upon becoming aware of the loss. Lost and/or found items will be kept by the Resort for 4 months from the date of discovery. After this period, the items will be handed over to a lost property office and no longer stored at the Resort. The Resort does not assume any liability for lost items. Proactive contact with the suspected owner will not be made if an item is found by the Resort.
The Guest’s use of any logos/images of the Resort in any form requires the prior written approval of the Resort. If the publication of said logos/images takes place without such permission, the Resort may withdraw from the contract. The Guest is liable for any damage incurred by the Bürgenstock Resort on account of the use of these materials.
XI. Data Privacy
The data privacy notice is applicable in its current version. The Resort is entitled to adapt the privacy notice at any time.
XII. Applicable Law and Jurisdiction; Severability
1. All contracts between the Resort and the Guest are subject to Swiss substantive law, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). The ordinary courts of the canton of Nidwalden shall have exclusive jurisdiction over all disputes between the Resort and the Guest arising from these contracts.
2. If one or more provisions of these T&Cs are inadmissible, the remaining contractual provisions shall remain unaffected. In this case, the invalid provision shall be replaced by a provision which comes closest to the purpose of the invalid provision and the contract as a whole.
Obbürgen, May 2022
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