General Terms and Conditions of Business for Individual Bookings, Small Groups, Vouchers and Spa/Fitness Use, Version 25.04.2023
General
1. 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 Hotel Schweizerhof Bern AG (hereinafter “Hotel Schweizerhof”) for guests and customers, as well as to the purchase of vouchers and products in the online shop. All Hotel Schweizerhof offerings 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 and Events.
3. These T&Cs shall prevail if they conflict with the terms of contract of a guest.
2. Conclusion of contract
1. After making a reservation, the guest will receive written confirmation of the reservation from Hotel Schweizerhof. A contract is only concluded with the guest upon written confirmation from Hotel Schweizerhof.
2. The attached terms, rate structure and inventory provided apply to individual corporate reservation requests and individual booking requests processed by Hotel Schweizerhof.
3. If the reservation is processed under a company name, all guests arriving individually will be asked to present a valid company ID document and official ID at check-in to rule out any misuse by persons outside the company, as well anyone who is not a business partner.
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
1. Hotel Schweizerhof must provide the services ordered by the guest and confirmed by Hotel Schweizerhof via email.
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:
- Guests make misleading or false statements regarding material facts, namely about their person or the purpose of the hotel booking, when booking a room;
- The guest has not paid any outstanding and payable claims of Hotel Schweizerhof;
- The guest has seriously breached the house rules;
- Hotel Schweizerhof has reasonable grounds to believe that the guest’s use of Hotel Schweizerhof’s services or goods could adversely affect the smooth operation, safety or reputation of Hotel Schweizerhof in the public eye.
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
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, Hotel Schweizerhof may apply the following surcharges for loss of use:
Up to 4 pm: 50% of the normal room rate (daily rate)
From 4 pm: 100% of the normal room rate (daily rate)
Hotel Schweizerhof reserves the right to further claims for damages.
1. Individual room reservations made by the guest are subject to the terms and conditions of the room rate booked and agreed at the time of booking. These terms are dynamic and may include other features for the same plan at different times.
2. If the reserved hotel rooms cannot be provided, Hotel Schweizerhof is responsible for organising accommodation in a hotel of a similar category and comparable quality. In addition, Hotel Schweizerhof will pay the following costs incurred in connection therewith:
Transportation from Hotel Schweizerhof to the hotel of a similar category
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.
5. Spa/Fitness
1. The customer is entitled to access and use the spa/fitness facilities of Hotel Schweizerhof during the respective opening hours and within the scope of availability. Hotel Schweizerhof reserves the right to make changes to course offerings and opening hours. Hotel Schweizerhof also reserves the right to close the spa/fitness facilities at its sole discretion, for example, in the event of force majeure, inspections or for other operational reasons. Guests will not receive compensation if the spa/fitness facilities are not available or are limited during the hotel stay. In the event of Hotel Schweizerhof closing the spa/fitness facilities, customers who have already purchased spa/fitness admission for the period concerned will receive a voucher to use the spa/fitness on a different day. Refund of the entrance fee or any other compensation to the customer, as well as any liability of Hotel Schweizerhof in connection with the closure of the spa/fitness facilities is excluded. The customer must be at least 16 years of age to use the spa/fitness facilities without adult supervision.
2. Liability
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.
5. Valuables
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.
6. Vouchers
1. All Hotel Schweizerhof vouchers are subject to the following conditions, in addition to these T&Cs:
2. Redemption of vouchers
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.
6. Payment
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.
8. Defects
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
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 force majeure, 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 Hotel Schweizerhof’s availability within 12 months from the date of the end of the force majeure. The terms and conditions of the contract concluded between the parties shall continue to apply unchanged to this replacement date. It is not possible to withdraw from the contract.
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 regarding the end of the force majeure, the guest’s entitlement to the services will lapse. However, the guest remains obliged to pay the agreed price to Hotel Schweizerhof.
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
1. The guest agrees to comply with all of Hotel Schweizerhof’s fire protection regulations, in particular with regard to keeping escape routes clear, and to comply with the no-smoking policy etc. If the guest brings along decorative materials, these must comply with the official fire protection regulations.
2. The guest must ensure that no more persons gain access to the room types booked than are permitted by the rules and regulations of Hotel Schweizerhof. 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. Hotel Schweizerhof 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 Hotel Schweizerhof and the guests shall still be required to pay for the rooms booked.
3. The maximum number of persons set by Hotel Schweizerhof is binding. Hotel Schweizerhof declines all liability in the event of a breach of these regulations.
4. Placement of any decorative materials or other objects on walls, doors and ceilings always requires the prior consent of Hotel Schweizerhof. The guest is liable for all damage, including subsequent damage, incurred by Hotel Schweizerhof due to the use of these materials.
9. Liability, defects, statute of limitations
1. The guest or legal representative thereof is liable with regard to Hotel Schweizerhof for all damage, loss or other impairment caused by said guest, the employees, agents or event participants or other third parties thereof.
2. Hotel Schweizerhof declines all liability for theft and property damage caused by a guest or third party.
3. Any claims for damages by the guest against Hotel Schweizerhof 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 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 info@schweizerhofbern.com 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, valuable items such as jewelry and watches with a value higher than CHF 500 will be handed over to a lost and found office. All other (valuable) items will be disposed of after this period and will no longer be kept at the hotel. 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.
10. Copyright
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
1. All contracts between Hotel Schweizerhof 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 Hotel Schweizerhof 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.
3. In the event of any contradictions, the German-language version will take precedence.
Bern, April 2023