GTC
General terms and conditions for the hotel accommodation contract in Postresidenz am See
I. Scope
The following general terms and conditions apply to contracts for the rental of hotel rooms / suites, for accommodation and conferences, as well as all other services and deliveries provided by Postresidenz am See (hereinafter also referred to as the hotel) for hotel guests (hereinafter referred to as the guest or the customer). This applies regardless of whether the contract is concluded directly at the reception desk, an order placed by telephone or an online direct booking, an online booking via an intermediary platform or an online order in the online store. The terms and conditions of the hotel valid at the time of conclusion of the contract shall apply exclusively. General terms and conditions of the guest shall only apply if this was expressly agreed in writing before the contract was signed. Deviating provisions shall only apply if they have been agreed individually and in writing between the hotel and the guest.
II. Conclusion of contract
1. The contract is concluded by the acceptance of the guest's application by the hotel.
2. The contracting parties are the hotel and the guest. If a third party has ordered on behalf of the guest, he shall be liable to the hotel together with the guest for all obligations arising from the hotel accommodation contract.
3. All claims against the hotel shall become statute-barred 2 weeks after departure, unless the mandatory statutory provisions provide for longer periods. The shortening of the statute of limitations does not apply to claims based on an intentional or grossly negligent breach of duty on the part of the hotel.
4. Subletting of the rooms and suites provided as well as their use for purposes other than accommodation require the prior written consent of the hotel.
5. The hotel offers its own underground and outdoor parking spaces, which can be rented by guests for a nightly fee. The number of parking spaces is limited and is subject to availability.
6. The hotel offers a meeting room (for up to 15 people), which can be rented on request for a daily fee. Any gastronomic services / other services are not included in the fee for the meeting room and will be charged separately. The hotel reserves the right to pre-authorize the guest's credit card.
III. Services
1. The hotel is obligated to keep the rooms booked by the guest available in accordance with these General Terms and Conditions and to provide the agreed services.
2. The guest is obligated to pay the applicable or agreed prices of the hotel for the provision of the room and the other services used by the guest. This also applies to services and expenses of the hotel ordered by the guest from third parties.
3. The agreed prices include the respective statutory value-added tax. If the period between conclusion and performance of the contract exceeds four months and if the price generally charged by the hotel for such services increases, the hotel may increase the contractually agreed price by a reasonable amount, but not by more than 5%.
4. Prices may also be changed by the hotel if the guest subsequently requests changes in the number of rooms / suites booked, the hotel's services or the length of the guest's stay and the hotel agrees to it.
5. The hotel is entitled to request advance payment of the total booking price (or part thereof) at any time (especially for bookings over Christmas / New Year and the sports vacations). Invoices of the hotel without due date are payable within 10 days from receipt of the invoice without deduction. The hotel is also entitled to charge the guest's credit card on file. The hotel is entitled to call in accrued receivables at any time and to demand immediate payment. In the event of late payment, the hotel shall be entitled to charge the applicable statutory interest on arrears, currently 8% or, in the case of legal transactions involving a consumer, 5% above the base interest rate. The hotel reserves the right to prove higher damages. Furthermore, the hotel shall be entitled to make claims accrued during the guest's stay at the hotel due at any time by issuing an interim invoice and to demand immediate payment. The hotel is also entitled to charge the guest's credit card on file.
6. The hotel is entitled to demand a reasonable advance payment or security deposit upon conclusion of the contract or thereafter, taking into account the legal provisions for package tours. The amount of the advance payment and the payment dates can be agreed in writing in the contract.
7. The guest can only offset or reduce a claim of the hotel with an undisputed or legally binding claim.
IV. Cancellation provisions
1 Cancellations are handled in accordance with Art. 160 of the Swiss Code of Obligations. Cancellations must generally be made in writing.
2. in the summer season: In the case of a regular, refundable booking, reservations can be canceled free of charge up to 7 days before arrival. Cancellations made later than this and late arrivals/early departures and no-shows will be charged at 100% of the total price booked. Deposits paid will be refunded in full if the booking is canceled before the cancellation deadline. Non-refundable bookings cannot be canceled at any time and cannot be refunded. This also includes deposits and advance payments made.
3. In the winter season: In the case of a regular, refundable booking, reservations can be canceled free of charge up to 14 days before arrival. After this deadline, your reservation is 100% chargeable. This also applies to late arrivals, early departures and no-shows. Deposits paid will be refunded in full if the reservation is canceled before the cancellation deadline. Non-refundable bookings cannot be canceled at any time and cannot be refunded. This also includes deposits and advance payments made.
4. Christmas / New Year: In the case of a refundable booking for the Christmas / New Year period, you can cancel your reservation free of charge up to 90 days before arrival. After this deadline, the reservation is subject to a charge and will be invoiced immediately at 100%. This also applies to late arrivals, early departures and no-shows. Deposits paid will be refunded in full if the reservation is canceled before the cancellation deadline. Non-refundable bookings cannot be canceled at any time and cannot be refunded. This also includes deposits and advance payments.
V. Withdrawal of the hotel
1. if a free right of withdrawal of the guest within a certain period has been agreed in writing, the hotel is entitled for its part to withdraw from the contract during this period if there are requests from other guests for the contractually booked rooms and the guest does not waive his right of withdrawal upon request by the hotel. If the guest waives his right of withdrawal, the total booking price must be paid immediately.
2. The hotel is entitled to cancel bookings at any time without giving reasons and thus to withdraw from the contract.
3. If an agreed advance payment requested is not made, the hotel is also entitled to withdraw from the contract.
4. furthermore, the hotel is entitled to withdraw from the contract extraordinarily for objectively justified reasons, for example if:
- force majeure or other circumstances for which the hotel is not responsible make it impossible to fulfill the
contract;
- rooms are booked with misleading or false information regarding material facts, e.g. regarding the person of the guest or the purpose;
- the hotel has reason to believe that the use of the hotel's services may jeopardize the smooth operation, security or public reputation of the hotel;
- there is an unauthorized subletting or re-letting;
- the hotel becomes aware of circumstances that the financial circumstances of the guest have deteriorated significantly after conclusion of the contract, in particular if the guest does not settle due claims of the hotel or does not provide sufficient security and therefore payment claims of the hotel appear to be at risk;
- insolvency proceedings are opened against the assets of the guest or the opening of such proceedings is refused due to lack of assets or for other reasons.
4In the event of justified withdrawal by the hotel, the guest shall have no claim to compensation.
VI. Arrival and Departure
The guest does not acquire any right to the provision of certain rooms. Booked rooms / suites are available to the guest from 3 p.m. on the agreed day of arrival. The guest has no right to earlier provision. On the agreed day of departure, the rooms / suites must be vacated and made available to the hotel by 11:00 a.m. at the latest. In case of late vacating of the room / suite, the hotel may charge 50% of the full price of the
room / suite for its use beyond the contract until 6:00 p.m. and 100% of the full price of the room / suite from 6:00 p.m. onwards. Contractual claims of the guest are not justified by this. The guest is free to prove that the hotel has no or a significantly lower claim to a usage fee.
VII Liability
The Postresidenz To the extent permitted by law, am See excludes any liability for damages and consequential damages (e.g. as a result of an accident and/or injuries suffered for the products sold by us) vis-à-vis the guest. Breach of contract, impossibility of performance, fault in the conclusion of the contract or in the event of tort shall in no case give rise to claims for damages or a right of withdrawal from the contract. The hotel accepts no liability for luggage/clothing/etc. checked in for luggage storage. The risk of theft and damage lies only with the baggage owner.
VIII Ski and snowboard boots
It is strictly forbidden to wear ski and snowboard boots in the suites and rooms as well as in the lobby and restaurant. Ski and snowboard boots can be stored in the designated, lockable ski lockers in the ski room. The back exit, which is easily accessible via the rear elevator. must be used with ski and snowboard boots.
VIIII Kitchen use
The use of the oven or stove in the kitchens of the suites and the provision of kitchen utensils are subject to a surcharge and are not included in the accommodation rate.
X. Final provisions
These GTC have been translated from German into English to the best of our knowledge. In case of translation differences only the German text is valid.
Should certain points of these GTC be invalid, this shall not affect the validity of the remaining provisions. Postresidenz am See reserves the right to change the GTC at any time. Only Swiss law is applicable to the present contract. The sole place of jurisdiction is Arosa, Switzerland.
As of March 2024.
All previous documents hereby lose their validity.
