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General Terms and Conditions

SWISSPEAK Resorts

General Terms and Conditions

1. Basic principles

These general terms and conditions (GT&C) govern the legal relationship between the client (the client) and SWISSPEAK Resorts SA (SPR) acting as the representative of SWISSPEAK Resorts Meiringen, SWISSPEAK Resorts Vercorin and SWISSPEAK Resorts Zinal (the residences). For the purposes of simplification, whatever the service to which these GT&C refer, there will always be a contract. Only the terms and conditions of the residence applicable at the time of signature of the contract will apply. The client’s general terms and conditions will apply only if this was expressly agreed in writing before signature of the contract. If certain provisions in these GT&C prove to be ineffective or null and void, the validity of the contract and the other provisions of these GT&C will be unaffected. Otherwise, the law will apply.

 

2. Jurisdiction / Applicable law

For any litigation arising from this contract, jurisdiction will lie with the courts of Sion, in the Canton of Valais, unless there is another court with overriding competence. Swiss law alone will apply to all contractual agreements, whether reservations or, where appropriate, additional, and all general terms and conditions. The contract will be performed and payment made at the registered office of the residence.

 

3. Definitions

Groups: in these GT&C, groups are groups of travellers occupying at least ten rooms who have a reservation.

Written confirmation: messages sent by post or email are equally valid as written confirmation. The contracting parties are the client and the residence.

 

4. Purpose of the contract / Scope

A rental contract for an apartment, seminar rooms or spaces and services will become final when the client confirms it in writing or implicitly. A reservation made on the day of arrival will be firm as soon as it is accepted by the residence. Changes to the contract will not commit the residence until they are confirmed (in writing). Changes or additions to the contract made unilaterally by the client will have no effect. Subletting, extension of the rental period for apartments provided and use of the apartments for purposes other than accommodation will require prior agreement in writing from SPR.

 

5. Range of services

The range of services covered by the contract will depend on the reservation made by the client and confirmed. Subject to other contractual provisions, the client does not have a right to a specified apartment. If, although a reservation has been confirmed, the residence has no apartment available, it must notify the client in good time and offer an equivalent apartment in a nearby hotel of comparable or superior quality as a replacement. Any additional costs arising from the replacement accommodation will be borne by the residence. If the client refuses the replacement room, the residence must reimburse the client immediately for any services already provided (e.g. deposits). The client may not claim anything else, provided that the replacement accommodation is equivalent.

 

6. Period of use

Subject to any other provisions, the client will have the right to use the rented premises from 16:00 on the day of arrival to 10:00 on the day of departure. If the client delays departure from the room for four hours or more, the residence may charge 50% of the full (list) price of the accommodation) for use in excess of the time provided in the contract. There will be no grounds for contractual claims by the client to extend the normal use of the premises; the right to claim damages with interest is reserved. In the event of delayed departure from the room, the residence reserves the right to remove the client’s possessions from the room and keep them in an appropriate place in the residence, for which there will be a charge.

 

7. Price / Obligation to pay

Prices will be declared by the residence in Swiss francs (CHF) and include VAT as required by law. The client is required to pay for the apartment and other services he/she requests at the prices agreed or currently applied by the residence. This also applies to orders from those accompanying him/her and his/her visitors. Any legal increase in tax occurring after signature of the contract will be payable by the client. Prices in foreign currencies are provided on an indicative basis calculated on the basis of the exchange rate on the day in question. The legally valid prices are always those confirmed by the residence. Prices may be changed by the residence if a client subsequently asks to change the number of apartments reserved, the services to be provided by the residence or the length of stay of the guests. By agreement, or for reservations worth CHF 10,000 or more, the residence may ask for a deposit of 50% of the total cost of the reservation.

For group reservations and conferences we will ask for a deposit of 50% on firm reservation up to 12 weeks before arrival. The deposit will be taken as a partial payment of the agreed amount. The residence may ask for a credit card guarantee rather than a deposit. An advance payment should be made within seven days of receipt of confirmation of the reservation. If the reservation is made shortly before the stay, the residence will ask for a credit card guarantee covering the whole cost of the reservation. If the deposit is not paid or the credit card guarantee is not provided in good time, the residence may cancel the contract (including all services promised) immediately (without warning) and claim the cancellation charges specified at section 9 of these GT&C. The residence has the right to issue an invoice or interim invoice to the client at any time. The final invoice will include the agreed price plus any supplements due in respect of additional services supplied by the residence to the client and/or to those accompanying him/her. Unless otherwise agreed, the final invoice must be paid at the time of checkout on the day of departure, in Swiss francs, in cash or with an accepted credit card.

 

8. Termination by the residence

The residence has the right to terminate the contract by unilateral declaration in writing at any time, exceptionally and with immediate effect, for an objectively justified reason. The following are examples of reasons deemed to be objectively justified:

  • an advance payment is not made or a guarantee is not provided by the deadline set by the residence;
  • force majeure or other circumstances outside the control of the residence make performance of the contract objectively impossible;
  • apartments or conference rooms are reserved using information which creates confusion, for example concerning the identity of the client, or the purpose for which the accommodation will be used or of the stay;
  • the residence has grounds to believe that the use of the agreed services could have an adverse impact on the operation of its business, the safety of other clients or its reputation;
  • the client becomes insolvent (liquidation or unsuccessful seizure of assets) or ceases payments;
  • the purpose of or reason for the stay is unlawful. Termination by the residence for the above reasons will not give the client any right to compensation and payment of the services reserved will in principle remain due.

 

9. Cancellation of the reservation / Cancellation charges

Cancellation

Agreement in writing from the residence is required for the cancellation of a reservation. In the absence of such agreement, the agreed price must be paid, even if the client does not make use of the contracted services. In the event of a “no-show” by the client, a minimum payment of one night’s stay will be invoiced. The time of receipt by the residence of the written notice of cancellation will be used as the reference for the invoicing of cancellation charges. This applies equally to letters sent by post and to faxes and emails. If the client terminates the contract without an accepted cancellation, or alters or ends certain reserved services, the residence may issue an invoice for the following cancellation charges:

 

a) Cancellation charges

 

Cancellation terms for individuals

  • Up to 43 days before arrival 10% of the total amount
  • From 42 to 29 days before arrival 50% of the total amount
  • From 28 to 2 days before arrival 80% of the total amount
  • 1 day before arrival or “no show” 100% of the total amount

Cancellation 1 day before arrival without charge :

In case of reasons related only to Covid-19, only for the following reasons:

Government travel restrictions prevent you from going to your residence SWISSPEAK Resorts due to :

  • The confinement of your area of origin or destination
  • The border closure between your country of origin and your country of destination
  • A quarantine period to be observed for vacationers traveling in your destination area

For all other reasons, the original cancellation conditions apply, i.e. those in effect before the pandemic.

Cancellation 7 days before arrival without charge : 

In case the ski resorts (Hasliberg, Vercorin and Grimentz/Zinal) of the different SWISSPEAK Resorts destinations could not open this winter due to Covid-19, two possibilities are available to SWISSPEAK Resorts guests : 

  • Cancellation -: Refund of 90% of the total amount
  • Postpone your reservation : free of charge
  • For all other reasons, the original cancellation conditions apply, i.e. those in effect before the pandemic.

b) Cancellation terms for groups/conferences

Cancellation of your reservation up 12 weeks before arrival will not incur any cancellation charge. Cancellation of up to 20 % of reserved rooms between 12 and 8 weeks before arrival will not incur any cancellation charge. If a higher percentage is cancelled, 50 % of the agreed amount will be charged. In the event of cancellation of your reservation 8 weeks or less before arrival, the full amount for each room will be charged. Other deposits and cancellation charges may be agreed in writing.

 

c) Reduction of losses

In the event of cancellation of reservations either for individuals or groups, the residence will attempt to reassign the unused services to others. To the extent that the residence is able to supply services cancelled by the agreed deadline to third parties, it will reduce the client’s cancellation charge by the amount paid by the third parties for the cancelled services.

 

d) Prevention of access

If the client is not able to arrive at the right time as a result of force majeure (flooding, an avalanche, an earthquake etc.), he/she will not be required to pay for the lost days. It will be for the client to prove that access was impossible. The obligation to pay will however restart from the time that access is again possible.

 

10. Early departure

If the client leaves earlier than expected, the residence has the right to charge for 100% of the reserved services. In the event of an early departure, the residence will attempt to assign the unused services to others. To the extent that the residence is able to supply services cancelled during the agreed period to third parties, it will reduce the client’s cancellation charge by the amount paid by the third parties for the services.

 

11. Stay / Keys / Security / Internet / Smokers

The hotel room is reserved for the exclusive use of the client registered. Transfer of the room to a third party or its use by an additional person requires the confirmation (in writing) of the residence. By signing a contract the client will acquire the right for all those registered to make normal use of the rooms rented and the facilities normally available by the residence for use by clients without special terms and conditions, as well as the right to the usual services. The client must exercise his/her rights in accordance with any rules of the residence and/or instructions relating to guests (the internal regulations). The room card provided by the residence remains the property of the residence and enables entry at any hour. The reception desk must be notified immediately in the event of loss of the card and/or the key. The client will be charged CHF 10.00 for damage to or loss of the card. In order to access the internet the client must enter his/her email address on the residence internet portal. The internet is available free to all clients. The client is responsible for the use of his/her login information. He she will be held liable for any abuse of or unlawful behaviour in the use of the internet. Smoking is not allowed anywhere in the residence except in designated areas.

 

12. Extension of stay

Unless otherwise agreed, the client will have no right to extend his/her stay. If a client is unable to leave the residence on the departure day because all routes are closed or unusable due to exceptional and unforeseeable circumstances or force majeure (e.g. very heavy snowfall, flooding etc.) the contract will be extended automatically under the previous conditions for the period for which travel is impossible.

 

13. Additional terms and conditions for groups

Group rates apply only after the prior agreement and written confirmation of the residence. For groups occupying less than ten apartments, the rates for individual clients will apply. The definitive number of people in the group (together with the list of names) must be received by the residence at the latest ten calendar days before the group’s arrival. In the event of cancellation of a group reservation, the cancellation charges specified in section 9 will apply.

 

14. Meals and beverages for events organised at the residence

All meals and beverages must be bought from the residence. In certain cases (speciality foods etc.) a written agreement may be reached with another caterer. In this event, the residence will the right to charge for service or corkage. This section does not apply to individual reservations: clients are free to obtain food and beverages where they wish for all meals cooked in the apartments.

 

15. Organisation of events

Where, at the client’s request, the residence procures technical or other equipment from a third party for the client, it acts on the client’s behalf. The client must use the equipment with care and return it in an appropriate condition, and is liable for doing so. The client will hold the residence harmless in the event of any claims from third parties arising from the provision of the equipment. The client must obtain prior written authorisation from the residence for the use of his/her own equipment and electrical devices and their connection to the residence’s electricity supply. The client will be liable for any incidents or damage caused to the residence’s electrical fixtures by the use of this equipment and these devices unless the residence is itself responsible. The residence may quantify and charge on a fixed price basis for electricity costs incurred in the use of electrical equipment and devices. The client has the right, with authorisation from the residence, to use his/her own telephone, fax and data transfer equipment. The residence may charge for the connection. Any failures of technical and other equipment provided by the residence will be remedied as soon as possible after the client notifies them. Provided that the residence is not responsible for the failures, there will be no reduced right to services and no grounds for liability proceedings based on the failures. Where appropriate, the client must obtain and pay for all official authorisations required to hold the event. The client is responsible for complying with the authorisations and all other provisions of public law relating to the event. Any fines for breaches of the authorisations will be payable by the client.

For musical performances involving sound systems the client is responsible for ensuring that the necessary arrangements are made and the rules of the competent authorities (e.g. SUISA) are followed.

 

16. Items brought in by the client

Items to be exhibited, whether or not they are the client’s personal possessions, will be brought in by the client and placed in the premises provided for events or in the grounds of the residence at the client’s risk. The residence will not accept any responsibility for care or supervision. The residence will not accept any responsibility for the loss or disappearance of or damage to items brought in, except if it has been has been grossly negligent or acted intentionally. The client will be responsible for insuring items brought in. Decorative materials brought in must comply with the requirements of fire prevention policy. The residence has the right to ask for official evidence of this. Because of possible damage, the list of items and their positioning must be agreed with the residence in advance. Items for exhibition and other items brought in must be removed as soon as the event is over. The residence may have any leftover items removed or placed in storage at the client’s expense. If the cost of removal would be excessively expensive, the residence may leave the items in the reception room and charge the client the usual rent for the room while they remain there. Packaging (boxes, crates, plastic etc.) in which materials for the event are delivered to the client or to third parties must be removed by the client. If the client leaves packaging on site, the residence will have the right to have it removed at the client’s cost.

 

17. Legal action, use and liability

 

a) The residence

The client will not have any right to take legal action against the residence for carelessness or ordinary negligence: the residence will not accept liability for any damage other than that caused intentionally or by gross negligence. If interruptions or defects arise in the services provided by the residence, it will make every effort to remedy them, after the client has drawn attention to them without delay. If the client fails to notify the residence of a defect in good time, he/she will have no right to a contractually agreed reduction in price. The residence will accept liability for the client’s possessions in accordance with legal requirements i.e. up to a value of CHF 1,000.-. Items kept by the client in the apartment are deemed to be possessions. The residence will not accept liability for carelessness or ordinary negligence. If valuable items (jewellery etc.), cash or securities are not deposited with the residence for safekeeping, the residence will not accept any liability and no legal proceedings may be brought against it. The residence recommends that cash and valuables should be placed in the safe at the reception desk. The client will lose all rights if he/she does not draw attention to damage as soon as it is discovered. The residence will not accept any legal responsibility for services in which it has played only an intermediary role with respect to the client. The residence will not accept any liability for theft of or damage to material brought in by third parties.

 

b) Client

The client accepts that he/she will be liable to the residence for all damage or loss caused by him/her, those who accompany or assist him/her or participants in an event, and the residence will not to have to bring any evidence to the client of his/her liability. The client is responsible for the proper use and return in good condition of all resources/ technical equipment provided by the residence or which he/she procures through a third party and accepts liability for damage or loss.

 

c) Third party

If a third party makes a reservation on behalf of the client, he/she will be responsible as the person who made the reservation for all obligations to the residence pursuant to the contract. Notwithstanding the preceding sentence, anyone who makes a reservation must provide the client with all information relating to the reservation and in particular these general terms and conditions.

 

18. Pets

Dogs are the only animals deemed to be pets. One animal will be admitted per apartment other than studios, for a charge of CHF 20 for the stay. A client who brings a dog to the residence must look after and supervise it in accordance with the rules throughout his/her stay, or have it looked after or supervised by suitable third parties. No animal may enter the Kids Room, Gaming Room, reception rooms for events or the “well-being” area of the residence.

 

19. Lost property

Items found will be sent back to their owner if his/her identity is clearly established and the residence is aware of his/her home or business address. The client will bear the costs and risks of transport. If there is doubt as to the identity of the owner, items will be kept for three months and then taken to the local lost property office.

 

20. Miscellaneous provisions

If the client requires services which the residence does not itself supply, the residence will act only as an intermediary. Legal time limits for action will apply. To the extent that these may be changed, the client’s rights to bring legal proceedings for damages will be subject to an absolute time limit of six months after his/her arrival. Prior written agreement from the residence is required for any publicity in the media (including press, radio, television and internet) mentioning events in the residence, whether or not the business logo is used unchanged. Any slanderous or damaging comments about the services provided by the residence published on review websites (such as Tripadvisor), which are clearly defamatory and which the residence is in a position to refute, will be reported to the relevant authorities. The residence reserves the right to claim both compensatory and punitive damages.

 

21. Means of payment accepted

Payment in cash or by card: Maestro, Visa, Mastercard/Eurocard.

We cannot accept personal cheques. Thank you for your understanding.

 

Before arrival, by bank transfer to:

HHD AG

Sägereistrasse 27

CH-8152 Glattbrugg  

 

Bank : Credit Suisse, CH-8070 Zürich

Clearing : 4835

Account : 384154-11

IBAN : CH5104835038415411000

SWIFT : CRESCHZZ80A

 

22. Additional charges

Charge for breakfast CHF 15.00 per person per day

Use of sofa bed CHF 8.00 per person per day

Children aged under 6: no additional charge

Dogs CHF 20.00 per day (no food will be provided)

Garage/parking space CHF 10.00 per day

Tourist tax (not included)

Brigels: tourist tax included in the price of apartments

Meiringen: CHF 3.00 per adult per night and CHF 2.00 per child per night (6-16 years) No charge for children aged under 6

Vercorin: CHF 3.00 per adult per night and CHF 1.50 per child per night (6-16 years) No charge for children aged under 6

Zinal CHF 4.00 per adult per night and CHF 2.00 per child per night (6-16 years) No charge for children aged under 6

 

23. Information on credit cards

Data relating to credit cards are treated as confidential. Unless otherwise specified in the terms and conditions of reservation, no advance payment will be taken. The credit card will be used only to guarantee the reservation. The residence reserves the right to check on the authorisation of the credit card before the client’s arrival. If a client is a “no show” or cancels, a charge may be taken (see the cancellation terms). By accepting the general terms and conditions in the confirmation, you authorise us to take the specified amount from the credit card. You are advised to take out cancellation insurance in case of unforeseen events (accident, illness, delayed arrival or early departure).

 

24. Payment in advance

The deposit is 20% of the price of the reservation. It is payable immediately, on receipt of confirmation of travel sent by our partner Interhome AG. The balance should be paid four weeks before the start of travel. For reservations made within four weeks of the start of travel, the total price of the trip should be paid immediately.

If the deposit and/or the balance are not paid by the due date, Interhome AG reserves the right to cancel the travel contract, after a warning and a new deadline, and to charge the client for the cancellation costs, in accordance with these terms and conditions of travel.

 

25. Price and best price guarantee

The prices shown on our website are very competitive. We want you to pay as little as possible for your stay. However, if you find your accommodation on the internet with the same terms and conditions of reservation and at a lower price at the time of reservation, we will charge you the lower price. The exchange rate calculator is provided for information only and the calculations cannot therefore be considered to be accurate or applicable. Prices shown at any given time may be subject to change.

 

26. Privacy policy

We know that protection of your personal data is important to you. That is why SWISSPEAK Resorts guarantees that all data disclosed to us will be used exclusively for the purposes you intended.