General Terms and Conditions (GTC) Hotel Bären AG St. Moritz (as of October 2018)

1. scope of application

These GTC apply to all guest accommodation contracts concluded between Hotel Bären AG in St. Moritz (hotel) and third parties (guest) as well as to all other services provided by Hotel Bären AG. The contractual partner confirms that he has read and accepted these GTC.
For special requests such as group bookings, conferences and events, we recommend contacting the hotel directly by e-mail or telephone.
Deviating or conflicting terms and conditions are not recognized unless they have been expressly agreed in writing.

2. booking

Every hotel booking with this internet-based booking system is made directly with the hotel without an intermediary agent.

3. conclusion of contract

The accommodation contract is concluded directly between the guest and the hotel during the reservation process. By accepting a reservation made by the guest, an accommodation contract is concluded. This agreement to order the use of reserved rooms is binding for both contracting parties. The reservation for rooms that have been ordered but not yet paid for is binding for the hotel until 6 p.m. on the day of arrival. The hotel reserves the right to rent rooms not used after the arrival deadline to other parties.

There is no entitlement to use the accommodation service in a specific room.
The guest receives a binding reservation confirmation with a reservation number from the hotel.
The hotel reserves the right to define industry-standard restrictions such as minimum stays, booking guarantees or deposits for specific dates.

The resale or rental and/or subletting of booked rooms is prohibited. In particular, the resale of rooms and/or room allotments to third parties at prices higher than the actual room rates is not permitted. The assignment or sale of the claim against the hotel is also not permitted.

Use of the hotel rooms for any purpose other than accommodation is expressly prohibited.

4. payment

Payment must be made in advance by credit card or directly at the hotel in cash or by valid credit card.

5. guaranteed reservations/cancellation deadlines

Non-guaranteed reservations expire after 18:00 on the day of arrival.

Reservations are guaranteed if the guest has confirmed the accommodation service using credit card details or has paid a deposit and has not canceled the booked rooms in writing within the agreed cancellation period.

In the event of a no-show or early departure, the full accommodation price will be charged.

6. changes and cancelations

In order to avoid misunderstandings, changes and cancelations of reservations must be confirmed in writing by the hotel. The hotel may charge the guest’s credit card in accordance with the cancellation conditions

7. the contractually agreed room rates

are published in Swiss francs including statutory VAT. Statutory tourism taxes such as visitor’s taxes, business development taxes and contributions to public transport are not included in the room rate and are charged additionally.

8. liability

The hotel is liable for damages for which it is responsible arising from injury to life, limb or health. Furthermore, the hotel shall be liable for other damages resulting from an intentional or grossly negligent breach of duty as well as for damages resulting from an intentional or negligent breach of duties typical for the contract. A breach of duty by the hotel is equivalent to a breach of duty by its legal representatives, employees or vicarious agents. Further claims for damages are excluded, insofar as otherwise regulated in these GTC.
The hotel is liable for property brought into the hotel in accordance with the statutory provisions, whereby liability is limited to one hundred times the room rate (from CHF 800 to a maximum of CHF 3500) and for money, securities and valuables up to CHF 800. The claim expires if the guest does not notify the hotel immediately after becoming aware of the loss, destruction or damage of the item brought in. The statutory provisions apply to unlimited liability.

If the guest is provided with a parking space in the hotel garage or the hotel parking lot, even for a fee, this does not constitute a safekeeping agreement. The hotel is under no obligation to monitor the parking space. The hotel shall be liable for damage within the scope of the provisions set out in paragraph 1. The guest is obliged to report any damage immediately, and in any case to report obvious damage before leaving the parking facility. The hotel is not liable for damage caused solely by other guests or other third parties.

9. food and drinks brought along

The consumption of food and drinks brought into the public areas of the hotel is prohibited. Breakfast must be taken in the designated areas and it is not possible to take away breakfast items. The preparation of food in the rooms is prohibited.

11. data protection

The data entered by customers is processed electronically by the reservation system. This data is only processed to the extent necessary for the booking and the hotel service and is not passed on to third parties.

12. final provisions

Unilateral amendments or additions to these GTC by the guest are invalid. The place of payment and fulfillment is the hotel’s registered office.

The place of jurisdiction for all disputes arising from the contractual relationship is St. Moritz; Swiss law applies exclusively to the exclusion of international private law and the UN Convention on Contracts for the International Sale of Goods.