General terms and conditions (AGB) Hotel Bären AG St. Moritz (as per October 2018)
1. Area of application
This AGB applies to all guest admission contracts between the Hotels Bären AG in St. Moritz (hotel) and third parties (guest), as well as to all other rendered services of the Hotel Bären AG. The contracting party confirms to have read and accepted these terms and conditions. For special inquiries such as group reservations, conferences and meetings, we suggest contacting the hotel directly via e-mail or telephone.
Deviating or opposing terms and conditions are not recognised, as far as they were not agreed upon expressly in writing.
Every hotel reservation with this internet-based booking system is transacted directly and without an intermediate agent with the hotel.
3. Contract conclusion
The accommodation contract materialises with the reservation directly between the guest and the hotel. With the acceptance of a reservation made by the guest, an accommodation contract has materialised. This agreement for the reservation of the use of booked rooms is binding for both contracting parties. The reservation for ordered, but yet not paid rooms is binding for the hotel until 18:00 of the arrival day. The hotel reserves the right to rent the not yet taken rooms otherwise at the expiration of the arrival period.
There is not an entitlement on the use of the overnight accommodation service in a specific room. The guest receives a binding reservation confirmation with reservation number from the hotel. The hotel reserves itself the right to define customary restrictions such as minimum stays, booking guarantees or pre-payments for specific data.
The resale or reletting and/or the relaying of booked rooms is prohibited. In particular, the relaying of rooms and/or room contingents to third parties at higher prices than the actual room prices is impermissible. Also, the transfer or the sale of any entitlement against the hotel is impermissible.
Use of the hotel rooms for reasons other than the accommodation is expressly forbidden.
The payment takes place by means of credit cards in advance and/or directly at the hotel, in cash or by means of a valid credit card.
5. Guaranteed reservations/Cancellation periods
Guaranteed reservations do not expire after 18:00 on the arrival day. Guaranteed reservations are present if the guest has confirmed the overnight accommodation service by means of credit card details and/or pre-payment and not cancelled the booked rooms in writing within the agreed cancellation periods. With a non-arrival (no-show) and/or premature departure, the full overnight accommodation price is charged.
6. Changes and cancellations
To avoid misunderstandings, changes and cancellations of reservations must be confirmed in writing by the hotel. This entitles the hotel to charge appropriate costs to the credit card of the guest as set out in the cancellation conditions
7. The contractually agreed room prices
are published in Swiss Franconia, inclusive of statutory value-added tax. Statutory tourism taxes such as visitor’s taxes, business development taxes and contributions to public transport are not included in the room price and are raised separately.
The hotel is responsible for damages arising from the violation of life, body or health, as long as these have been caused by the hotel. The hotel is also liable for other damages originating from a deliberate or roughly negligent breach of duty, as well as for damages, based on a deliberate or negligent breach of contract-typical obligations. The hotel’s breach of duty equates to the breach of duty of its legal representatives, employees or agents. Any further claims for compensation are excluded, insofar as regulated in these terms and regulations.
The hotel is liable for introduced items according to the statutory regulations, whereby the liability is limited to the hundredfold room price (from CHF 800 to a maximum of CHF 3500), and for money, valuable paper items and other valuables limited to a maximum of CHF 800. The liability expires if the guest does not notify the hotel of the damage immediately after attaining the knowledge of the loss, destruction or damage. Statutory regulations apply to unlimited liability.
If a parking bay in the hotel garage or the hotel parking lot, also against payment, is offered to the guest, no safekeeping contract has been concluded. There is no monitoring obligation on the part of the hotel. The hotel is responsible for damage in the context of the regulations specified in paragraph 1. The guest is obligated to report any damage immediately and to report any obvious damage before leaving the parking facilities. The hotel is not responsible for damages, which are caused solely by other guests or other third persons.
9. Own meals and beverages
The consumption of brought along snacks and beverages in the public areas of the hotel is prohibited. The breakfast is to be consumed in the designated areas, and guests are prohibited from taking offered breakfast components after breakfast. The preparation of meals in rooms is not permitted.
11. Data Protection
The data entered by customers are processed electronically by the reservation system. These are processed only to the extent necessary for the reservation and the hotel service and are not passed on to third parties.
12. Final provisions
Unilateral changes or additions of these terms and conditions by the guest are invalid. Place of delivery and payment is the domicile of the hotel.
Area of jurisdiction for all disputes, resulting from contractual relations, is St. Moritz, Swiss law is applied without exception under exclusion of international private law and the UN sales law.