GENERAL TERMS AND CONDITION (Hotel Agreement)
These General Terms and Conditions govern all contracts for the licensing of hotel rooms for occupation and all goods and services supplied in relation thereto.
The customer’s terms and conditions shall not apply unless expressly agreed in advance in writing.
For the purposes of these General Terms and Conditions the term “customer” includes both individual consumers and businesses.
II. Parties to the contract and conclusion of the contract
The parties to the contract shall be the hotels of GIARDINO GROUP AG and Hotel Giardino SA (hereinafter referred to as the “G IARDINO GROUP”) and the party making a booking/customer (hereinafter referred to as the “Guest”).
Where a third party has made a booking on behalf of the Guest, the Guest and the third party shall be jointly and severally liable to the GIARDINO GROUP in respect of all obligations owed under the Hotel Agreement, provided that the GIARDINO GROUP has received a statement to this effect from the Guest.
The contract shall come into effect upon acceptance of a Guest booking by the GIARDINO GROUP. In the event that the GIARDINO GROUP makes a binding offer to the Guest, the contract shall come into effect upon acceptance of the offer by the Guest. In either case, the GIARDINO GROUP may, at its discretion, confirm the room reservation in writing.
III. Services, prices, payment and set-off
The GIARDINO GROUP shall keep the room(s) reserved by the Guest available and provide the services agreed.
The room(s) reserved shall only be available to the Guest for the period stipulated.
No persons other than the Guests indicated in the reservation shall be permitted to use the reserved room(s) without the prior written consent of the GIARDINO GROUP.
The Guest shall pay the hotel charges that have been agreed and/or apply in respect of the use of the room and any other services used by the Guest. The foregoing shall also apply to any services arranged by the Guest and expenditure incurred by the hotel in respect of a third party.
Room prices and hotel packages shall include breakfast, housekeeping and/or any services indicated by the hotel when the booking is made (use of the dipiù SPA by GIARDINO, etc.) as well as value added tax at the statutory rate.
Unless otherwise agreed, all prices shall be quoted in Swiss francs (CHF), including value added tax at the statutory rate applying at the time of the stay.
The following rate shall be used to calculate price quotes in euros (EUR): CHF 1 = EUR 1.20. All invoices shall be issued in Swiss francs only. Any prices stated in euros shall be based on the exchange rate applying on the invoice date, as notified by our main bank (UBS).
If the period between making the reservation and performance of the contract exceeds six months, the GIARDINO GROUP shall be entitled to charge the prices currently applying, provided that it charges no more than 10% above the prices originally quoted.
The GIARDINO GROUP shall also be entitled to adjust its prices if the Guest subsequently requests any changes to the number of rooms reserved, any hotel services or the duration of the stay, and the hotel consents to such changes.
Hotel bills not showing a due date are payable in full within ten calendar days of receipt. The hotel shall be entitled at any time to call for immediate payment of any accumulated debts owed.
The GIARDINO GROUP shall be entitled at any time to require an advance payment of up to 50% of the value of the services agreed, or credit card details for the purpose of securing the reservation. The credit card number and expiry date provided by the Guest shall be used as a guarantee for the confirmed reservation. The GIARDINO GROUP shall process credit card guarantees electronically and will not require any confirmation in writing from the Guest.
As an alternative method of guaranteeing the reservation, the Guest may make a prepayment to the relevant bank account, quoting the reservation as a reference. Any prepayment shall be credited in full on the invoice issued on departure.
If any prepayment made by the Guest exceeds the price actually charged for the stay or the package price, the difference shall be credited back to the (credit card) account used to make the prepayment. No cash payments or refunds to an account other than the account used for the prepayment shall be made under any circumstances.
If the amount shown on the invoice is still unpaid on the payment due date indicated, the Guest shall be deemed to be in default. In the event of default, the GIARDINO GROUP shall be entitled to charge default interest of 5%, as prescribed by law, from the date on which the amount owed falls overdue.
Moreover, the GIARDINO GROUP reserves the right to demonstrate that it has suffered more substantial loss.
The Guest shall only be entitled to offset or reduce amounts which are undisputed or have become final and non-appealable against any amounts owed to the hotel.
IV. Provision and occupation of room and checking out
There is no guarantee that the Guest will be able to use a specific room.
Reserved rooms shall be available no earlier than 3.00 p.m. on the agreed date of arrival. The Guest shall not be entitled to occupy the room any earlier.
Rooms shall be vacated and made available to the hotel no later than 12.00 noon on the agreed date of departure.
Early check-in or late checkout may be arranged with the hotel. In such circumstances, the GIARDINO GROUP shall be entitled to apply an extra charge, and the Guest shall not have the right to make any contractual claims on the basis thereof.
In the event of overbooking, the GIARDINO GROUP shall provide alternative accommodation nearby of at least equivalent standard.
V. Rescission by the Guest (cancellation) and failure to use hotel services (no-show)
The Guest shall have the right to rescind the contract at any time subject to the following conditions:
If the Guest has made a booking without the option to change or cancel the reservation and, at the time of making the reservation, agreed that the full price of the stay would be charged (to a credit card), the amount paid shall not be refundable.
In all other circumstances the following cancellation provisions shall apply:
- The Guest may cancel the booking up to ten days prior to arrival free of charge.
- Thereafter, up to three nights will be charged at the room rate booked.
The foregoing payment provisions shall apply mutatis mutandis in the event that the Guest fails to use the room or services reserved without giving the hotel adequate notice (no-show).
The Guest shall be entitled to demonstrate that the hotel did not suffer any loss, or that the loss suffered was less than the total payment requested by the hotel.
The hotel shall not be entitled to payment where the Guest is permitted under the contract with the hotel to cancel the reservation within a specified period with no further legal consequences. For the purposes of establishing whether notice of cancellation has been duly given, the date of receipt shall be determinative. The Guest shall give notice of cancellation in writing.
With respect to treatments in dipiù SPA by GIARDINO, notice of cancellation must be given at least 24 hours prior to the date booked. If notice of cancellation is received less than 24 hours prior to the date booked, the costs of the treatment shall be charged in full.
As an alternative to cancellation, the Guest may substitute another person to use the services booked.
VI. Rescission by the hotel
In the event that any prepayment agreed or required under section II above remains unpaid after a reasonable extension of time granted by the GIARDINO GROUP, the GIARDINO GROUP shall also be entitled to rescind the contract.
Furthermore, the GIARDINO GROUP shall be entitled to rescind the contract on objectively justifiable grounds, for example if
- an event of force majeure or any other circumstances not attributable to the GIARDINO GROUP render it impossible or impracticable to perform the contract;
- rooms are reserved by providing misleading or false information with regard to material facts (e.g. the identity of the Guest or the intended purpose);
- the hotel has good cause to believe that the use of the hotel services may prejudice the effective operation of the hotel, its security or public image, unless this is under the hotel’s control or falls within its organisational remit.
Upon the occurrence of any of the aforementioned events, the GIARDINO GROUP shall be entitled to rescind the contract immediately without notice, and the Guest shall have no right to any compensation.
VII. Liability on the part of the hotel
The GIARDINO GROUP shall be liable in respect of its obligations under the contract concluded.
The Guest shall not be entitled to any compensation or damages, with the exception of claims for loss of life, personal injury or damage to health resulting from any breach by the hotel of its obligations, and any other loss or damage suffered as a result of any intentional or negligent breach by the hotel of its obligations.
The hotel will endeavour to remedy any faults or failings in its services as soon as it becomes aware of the same, or upon immediate notification thereof by the Guest. The Guest shall afford such assistance as may reasonably be required to remedy the fault or failure and to mitigate any loss or damage and shall inform the hotel immediately of any faults, or any loss or damage suffered.
In accordance with statutory provisions, the GIARDINO GROUP shall only be liable for loss or damage to personal property caused intentionally or through gross negligence. The GIARDINO GROUP shall only be vicariously liable for the acts and omissions of others in the event of fault on the part of the third party concerned.
In particular, the liability of the GIARDINO GROUP in respect of third-party and indirect loss and damage shall be expressly limited to the coverage available under the hotel’s public liability insurance policy. Any further liability is expressly excluded. The GIARDINO GROUP shall only be liable in respect of valuables and cash that are kept in the room safe (subject to a maximum of CHF 20,000) or deposited at reception in exchange for a receipt. The GIARDINO GROUP shall not be liable for any loss or damage caused by an event of force majeure.
The GIARDINO GROUP shall not be liable for any loss, destruction or damage unless the Guest notifies it immediately in writing upon becoming aware of the same.
The provision of parking space(s) to the Guest in the hotel garage or hotel car park shall not be construed as creating any contract with regard to safekeeping, even if a parking charge is levied. The GIARDINO GROUP shall not be liable for the disappearance or damage of any vehicles belonging to Guests which are parked or moved on hotel premises or any items contained therein, unless such disappearance or damage is caused intentionally or through gross negligence.
Any messages, post and merchandise delivered for the Guest shall be treated with care. The GIARDINO GROUP shall deliver, store and, upon request, forward such items (subject to a charge). There shall be no right to claim compensation or damages, unless the loss or damage suffered was caused intentionally or through gross negligence, or to make claims in respect of third-party or indirect loss or damage.
VIII. Concluding provisions
Any variations or amendments made by the Guest shall be unenforceable and have no effect.
Depending on the hotel in which the room was booked, the place in which the registered office of the GIARDINO GROUP is located shall be the place of performance and payment.
If any provision or provisions of these General Terms and Conditions governing the licensing of hotel rooms for occupation are invalid or unenforceable, such invalid or unenforceable provision(s) shall not affect the remaining provisions hereof. Except as otherwise provided herein, statutory provisions shall apply.
The legal relationship between the Guest and the GIARDINO GROUP shall be governed by and construed exclusively in accordance with substantive Swiss law. All of the provisions of the Swiss Federal Act on International Private Law (Bundesgesetz über das Internationale Privatrecht – IPGR) and any bilateral and multilateral agreements that may apply are hereby excluded.
Zürich, April 2015