General Terms and Conditions of Business for Individual Bookings, Small Groups, Vouchers and Spa/Fitness Use, Version 16.09.2022
1. Scope of application
2. Conclusion of contract
If a guest cannot provide a valid corporate ID document, Hotel Schweizerhof reserves the right to adjust the corporate rate plan to the lowest available rates at the time of booking.
The corporate rate plan is subject to availability for companies and is agreed as non-last room availability. For blackout dates in the case of special events in the Hotel Schweizerhof area and/or the city or region of Bern, the lowest available rate of Hotel Schweizerhof applies for which a certain room category was booked.
3. Services, payments, pricing and billing
Unless otherwise agreed by email or in writing, the guest does not acquire any right to 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. Hotel Schweizerhof offers a wake-up service. It wakes up guests exercising due care. The execution of the wake-up service cannot be guaranteed. Hotel Schweizerhof is not liable if the guest fails to wake up or for any disadvantages or losses that arise for the guest as a result thereof.
6. Messages, post and parcels for the guest will be handled with due care. Hotel Schweizerhof will handle the delivery, storage and, if expressly requested, forwarding of the same for a fee. Hotel Schweizerhof will not assume any liability in connection with messages, post and parcels. In particular, Hotel Schweizerhof is not liable for the on-time delivery of messages, post and parcels.
7. The guest is responsible for insuring any exhibits and other items brought in by the guest. By bringing in exhibits and other items, the guest confirms that the delivered exhibits and other items are sufficiently insured. Hotel Schweizerhof may request proof of sufficient insurance from the guest at any time. Hotel Schweizerhof is liable for exhibits and other items brought in only in the event of intent or gross negligence on the part of Hotel Schweizerhof. If the guest does not hand over any valuables, major sums of money or securities to Hotel Schweizerhof for storage, Hotel Schweizerhof shall only be liable in the event of intent or gross negligence on the part of Hotel Schweizerhof. Liability for support staff is excluded. Any claim for damages by the guest is forfeited if the guest fails to report the damage to Hotel Schweizerhof immediately upon discovery.
8. 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 Hotel Schweizerhof and its affiliated businesses. 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.
9. Any individual room reservations are subject to the payment terms of the rate plan previously booked and confirmed by Hotel Schweizerhof at the time of booking. If the guest does not provide a valid payment method as guarantee 48 hours after the booking time, Hotel Schweizerhof has the right to cancel the reservation without prior notice.
10. All room reservations are subject to various rate conditions and included services available for consumption during the stay as per the booking confirmation. If such services included in the rate plan are not used during the stay in accordance with the booking confirmation, these included services will not be credited or refunded for further stays and will be forfeited without compensation.
11. All room reservations involving a minimum of 5 rooms and up to 9 rooms for the same arrival and departure date will be handled as a small group reservation and are subject to these T&Cs.
A small group reservation requires a 50% deposit of the total amount of the stay and may be cancelled free of charge up to 14 days prior to arrival. In the case of a no-show and/or cancellation less than 14 days prior to arrival, the total amount of the small group reservation shall be due. Hotel Schweizerhof may withhold the deposit already paid and invoice the remaining balance for the rooms.
12. The guest agrees to pay the agreed rate or the rate normally charged by Hotel Schweizerhof 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 consumables, telephone calls etc.).
Unless and until prepayment is requested by Hotel Schweizerhof, 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, CUP, Alipay, TWINT), debit card (for example: EC/Maestro, Postcard), via a voucher issued by Hotel Schweizerhof Bern AG or in cash using the foreign currency payment types available at Hotel Schweizerhof (USD, EUR, GBP).
A voucher cannot be used as a means of payment if no specific service has been provided by Hotel Schweizerhof in advance. Likewise, deposits cannot be made with a voucher.
13. If the parties have agreed in advance to payment on presentation of an invoice, the entire invoice amount will be due 10 days after the invoice date. In the event of default, Hotel Schweizerhof is 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.
14. Contract cancellation/termination by Hotel Schweizerhof
If prepayment has been agreed between the guest and Hotel Schweizerhof, and the guest does not pay within the reasonable grace period set by Hotel Schweizerhof, Hotel Schweizerhof may, at its own discretion, terminate the contract or claim damages for non-performance of the contract.
Hotel Schweizerhof is entitled to terminate the contract for good cause. This applies in particular to the following cases:
In the event of legitimate termination of the contract by Hotel Schweizerhof, the guest is not entitled to any compensation.
If the contract is terminated in accordance with Section 14 1) to 4), the guest must pay the agreed rate for the contractually agreed services notwithstanding the contract termination.
15. The guest has no right of retention. The guest cannot offset a charge.
4. HOTEL ROOMS
Hotel Schweizerhof reserves the right to further claims for damages.
Hotel Schweizerhof will not pay for 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 Hotel Schweizerhof the agreed price of the entire stay, irrespective of the change of accommodation. The hotel of a similar category will then invoice Hotel Schweizerhof directly.
The customer or legal representative thereof is personally liable for all damages caused by improper use of the facilities and equipment of Hotel Schweizerhof. Hotel Schweizerhof is not liable for self-harm caused by improper use of the spa/fitness facilities, the equipment and access areas thereof or caused by personal health conditions that the customer fails to bring to the attention of the Hotel Schweizerhof team in order to receive appropriate instruction and access authorisation.
Hotel Schweizerhof reserves the right to deny the customer access to the spa/fitness facilities if the customer is not in a medically and physically sound condition.
Hotel Schweizerhof shall only be liable for damages resulting from the use of the spa/fitness facilities if such damages were caused by an intentional or grossly negligent breach of duty by Hotel Schweizerhof. In all other respects, all liability provisions pursuant to Section IX of these T&Cs shall apply.
3. Spa/fitness etiquette
The customer must comply with the spa/fitness etiquette and follow staff instructions.
The currently applicable spa/fitness etiquette is on display at the entrance to the spa and can be viewed by customers. The customer declares that he/she has been informed of the spa/fitness etiquette prior to conclusion of the contract and that he/she agrees to abide by these rules.
4. Cancellations and delays
Spa/fitness service cancellations are free of charge up to 24 hours in advance. Fees will apply in full 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. Hotel Schweizerhof 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 prohibited. This is to protect privacy.
For vouchers, please note that these are sent to the customer by Hotel Schweizerhof using a tamper-proof code. Since the customer may print the voucher, it is possible to print it several times, but only one print is of value and redeemable. The first redeemed voucher with the corresponding code will be considered the original and must be debited by Hotel Schweizerhof 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 Hotel Schweizerhof if a voucher code that has already been redeemed is used. If a voucher is to be redeemed, a staff member must be informed immediately upon arrival at Hotel Schweizerhof and prior to consumption of the service that payment is being made with a voucher. This is the only way Hotel Schweizerhof 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 using 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 for Hotel Schweizerhof 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, Hotel Schweizerhof 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, Hotel Schweizerhof is prepared to credit the remaining voucher balance in full against further visits or consumption. In such a case, there is no entitlement to cash payment of the residual voucher amount. Hotel Schweizerhof is not obliged to accept unpaid vouchers as payment. For operational reasons, the services listed in the voucher can only be provided or guaranteed by Hotel Schweizerhof if a corresponding reservation has been made in good time. 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 extra fee must be paid for this, 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 Hotel Schweizerhof and cannot be used for services provided by third-party partners. If Hotel Schweizerhof has to shut down or cease operation 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, there is no recourse against Hotel Schweizerhof as the original issuer of the vouchers.
Payments can be made on account by credit card (such as MasterCard, VISA, American Express, Diners Club, JCB, CUP, Alipay and Twint), debit card (such as EC/Maestro, Postcard) and on site in cash. If paying by credit card, the amount will be charged immediately to the selected credit card. Hotel Schweizerhof invoices are due immediately and payable without any deduction. Vouchers are only activated after payment of the invoice and can then be redeemed. This can take up to 3 banking days if paid on account according to the bank’s notification of credit.
From the 30th day after the invoice date, Hotel Schweizerhof 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 Hotel Schweizerhof 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, Hotel Schweizerhof 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 a voucher has been exchanged and the replacement delivery is also deficient, the purchaser shall be entitled to cancel or to a reduction.
7. Force majeure
If Hotel Schweizerhof 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. Hotel Schweizerhof 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 Hotel Schweizerhof within the 12-month period. If the hotel stay is not redeemed by the guest within Hotel Schweizerhof’s grace period, the guest’s entitlement to the services will lapse. However, the guest remains obliged to pay the agreed price to Hotel Schweizerhof.
In the above case, the guest will receive a voucher for the value, which can be redeemed for future stays at Hotel Schweizerhof, among other things.
Hotel Schweizerhof reserves the right to adjust rates accordingly based on occupancy, availability and season. Consequently, the guest has no claim to the originally booked price, neither of a service nor of a good.
8. Safety Regulations
9. Liability, defects, statute of limitations
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 have occurred due to an intentional or grossly negligent breach of duty by Hotel Schweizerhof. 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 Hotel Schweizerhof in a timely manner of the possibility of an exceptionally large amount of damage.
4. In the event of defects in the services provided by Hotel Schweizerhof, Hotel Schweizerhof will 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 Hotel Schweizerhof against claims under civil and public law asserted against Hotel Schweizerhof by authorities or third parties and to bear in full the costs incurred by Hotel Schweizerhof in this connection (including lost profits, lawyers’ fees).
7. When arranging for external services, Hotel Schweizerhof does not assume any liability for services ordered by the guest. Hotel Schweizerhof does not assume any liability for support staff.
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 Hotel Schweizerhof 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 Hotel Schweizerhof. Hotel Schweizerhof does not assume any liability for lost items. Proactive contact with the suspected owner will not be made if an item is found by Hotel Schweizerhof.
The guest’s use of any logos/images of Hotel Schweizerhof in any form requires prior written approval by Hotel Schweizerhof. If said logos/images are published without such approval, Hotel Schweizerhof may withdraw from the contract. The guest is liable for any losses incurred by Hotel Schweizerhof due to the use of these logos/images.
11. Data privacy
The data privacy notice is applicable in its current version. Hotel Schweizerhof is entitled to modify the privacy notice at any time.
12. Applicable law and jurisdiction; severability
Bern, September 2022