1. basic principles
These General Terms and Conditions (GTC) govern the legal relationship between the guest / customer / organizer, hereinafter referred to as the guest, and C + H Flughafen Gastro AG as the operator of the AMANTE Hotel in Belp, hereinafter referred to as the hotel.
For the sake of simplicity, the term “contract” is always used in these GTC, regardless of the service in question.
The terms and conditions of the hotel valid at the time of conclusion of the contract shall apply exclusively. The guest's general terms and conditions shall only apply if this has been expressly agreed in writing before the contract is signed.
Should individual provisions of these GTC be ineffective or invalid, this shall not affect the validity of the contract and the remaining GTC provisions. In all other respects, the statutory provisions shall apply.
2. place of jurisdiction / applicable law
The place of jurisdiction for any disputes arising from this contract shall be Bern in the Canton of Bern, unless another legally binding place of jurisdiction exists.
Swiss law shall apply exclusively to all contractual and reservation agreements, any supplementary agreements and general terms and conditions. The place of performance and payment is the registered office of the hotel.
3. definitions
- Groups: Groups within the meaning of these GTC are travel groups with a minimum number of 5 rooms or 10 booked persons.
- Written confirmations: Written confirmations also include electronic messages such as e-mail messages.
- The contractual partners are the guest and the hotel.
4. Subject matter of the contract / scope of application
The contract for the rental of rooms, seminar rooms, areas and the purchase of other goods and services is concluded with the written confirmation of the guest or by implication.
A reservation made on the day of arrival itself is binding at the moment of acceptance by the hotel.
Amendments to the contract shall only become binding for the hotel upon (written) reconfirmation. Unilateral amendments or additions to the contract by the guest are invalid.
The subletting and re-letting of the rooms provided and their use for purposes other than accommodation require the prior written consent of the hotel.
5. Scope of services
The scope of the contract is determined by the individual reservation made and confirmed by the guest.
Subject to other contractual agreements, the guest is not entitled to a specific room.
If, despite a confirmed reservation, no rooms are available in the hotel, the hotel must inform the guest in good time and offer an equivalent replacement in a nearby hotel of a comparable or higher category. Any additional expenses for the alternative accommodation shall be borne by the hotel. If the guest refuses the replacement room, the hotel must immediately refund any payments already made by the guest (e.g. deposits).
The guest shall have no further claims.
6. duration of use
Subject to other agreements, the guest has the right to use the rented rooms from 3:00 p.m. on the agreed day of arrival until 11:00 a.m. on the day of departure.
In the event of arrival after 7:00 p.m., the guest must inform the hotel of the later arrival by telephone or in writing by 7:00 p.m. on the day of arrival at the latest, otherwise the hotel may freely dispose of the rooms.
Room occupancy counts as a full overnight stay, regardless of the time of arrival.
If the guest vacates the room late by 2 hours or more, the hotel may charge 50% of the full accommodation price (list price) for use in excess of the contractual period. Contractual claims of the guest for the proper further use of the areas are not justified by this; the assertion of damages remains reserved.
In the event that the guest leaves the room late, the hotel reserves the right to remove the guest's items from the room and store them in a suitable place in the hotel for a fee.
7. options
Option dates are binding for both parties. The hotel may dispose of the opted rooms/spaces or services after the unused expiry of the option period without further notice.
The confirmation must be received by the hotel no later than the last day of the option period.
8. Prices / Obligation to pay
The prices communicated by the hotel are in Swiss francs (CHF) and include statutory VAT, any visitor's tax and other charges.
The guest is obliged to pay the agreed or applicable prices of the hotel for the room rental and the other services used by him. This also applies to orders placed by his companions and visitors.
Any increase in statutory charges after conclusion of the contract shall be borne by the guest. Prices quoted in foreign currencies are approximate values and will be charged at the respective daily exchange rate. The prices confirmed by the hotel are valid.
The prices may be changed by the hotel if the guest subsequently requests changes to the number of rooms booked, the hotel's services or the length of the guest's stay.
Depending on the agreement, the hotel may require a deposit of 100% of the total booking amount.
The hotel may also require a credit card guarantee instead of a deposit.
An advance payment must be transferred within 10 days of receipt of the reservation confirmation. If the reservation is made at shorter notice, the hotel requires a credit card guarantee for the entire booking amount.
If the advance payment or the credit card guarantee is not made on time, the hotel may withdraw from the contract (including all service promises) immediately (without reminder) and demand the cancellation costs listed under clause 10 of these GTC.
The hotel is entitled to invoice or interim invoice its services to the guest at any time.
The final invoice shall include the agreed price plus any additional amounts incurred as a result of additional services provided by the hotel for the guest and/or the persons accompanying the guest.
Unless otherwise agreed, the final invoice must be paid by accepted credit card at the latest at check-out on the day of departure.
The hotel may charge a reminder fee of CHF 30 for each reminder.
The defense of set-off against claims of the hotel is excluded.
9. Withdrawal by the hotel
Up to and including 10 days before the agreed date of arrival of the guest, the hotel may withdraw from the contract without incurring any costs.
Furthermore, the hotel is entitled to withdraw from the contract at any time for objectively justified reasons by means of an immediate unilateral and written declaration with immediate effect:
Objectively justified reasons include, for example:
- an agreed advance payment or security deposit is not made during the period set by the hotel;
- force majeure or other circumstances for which the hotel is not responsible and which make it objectively impossible to fulfill the contract;
- rooms or spaces are booked or used with misleading or false information, e.g. regarding the person of the guest or the purpose of use or stay;
- the hotel has reasonable grounds to believe that the use of the agreed services may impair the smooth running of the business, the safety of other hotel guests or the reputation of the hotel;
- the guest has become insolvent (bankruptcy or unsuccessful seizure) or has stopped making payments;
- the purpose or reason for the stay is unlawful.
If the hotel cancels the reservation for the aforementioned reasons, the guest shall not be entitled to any compensation and the compensation for the booked services shall remain due.
10. Cancellation of the reservation / Cancellation fees
Cancellation
Cancellation of the reservation requires the written consent of the hotel. If this is not given, the agreed price must be paid even if the guest does not make use of contractual services. If the guest does not show up (“no-show”), 100% of the booked services will be charged.
Decisive for the calculation of the cancellation fee is the receipt of the guest's written cancellation by the hotel. This applies to both letters and e-mail messages.
If the guest withdraws from the contract without an authorized cancellation, or if certain reserved services are changed or cancelled, the hotel may charge the following cancellation fees.
Cancellation fees
Individual reservations
- Up to and including 3 days before the agreed date of arrival, the guest may cancel the contract without incurring any costs.
- Cancellation of the stay in writing 2 days before the confirmed arrival date: 50% according to the reservation confirmation.
- Written cancellation of the stay 1 day before the confirmed arrival date: 100% according to the reservation confirmation.
Group reservations
The cancellation fees below apply if more than 6 people in a group (see section 3) cancel.
- Up to and including 14 days before the agreed date of arrival, the group reservation can be canceled without incurring any costs.
- Cancellation of the stay in writing 13 to 8 days before the confirmed arrival date: 50% according to the reservation confirmation.
- written cancellation of the stay 7 to 1 days before the confirmed arrival date: 100% according to the reservation confirmation.
Loss minimization
The hotel will endeavor to reallocate the unused services for canceled individual and group reservations. If the hotel is able to provide the canceled services to third parties during the agreed period, the guest's cancellation fee shall be reduced by the amount paid by these third parties for the canceled service.
11. impossible arrival
If the guest cannot arrive or cannot arrive on time due to force majeure (flood, avalanche, earthquake, etc.), he/she is not obliged to pay the agreed fee for the missed days.
The guest must prove the impossibility of arrival.
However, the obligation to pay for the booked stay shall be revived from the moment the guest is able to arrive.
12. early departure
If the guest departs early, the hotel is entitled to charge 100% of the total booked services.
In the event of early departure, the hotel shall endeavor to reassign the unused services to other parties. If the hotel is able to provide the unused services to third parties during the agreed period, the guest's invoice amount shall be reduced by the amount paid by these third parties for the canceled service.
13. stay / keys / security / internet / smoking
The hotel room is reserved exclusively for the registered guest. The transfer of the room to a third person or its use by an additional person requires the (written) permission of the hotel.
By concluding a contract, the guest acquires the right to the customary use of the rented rooms and the hotel's facilities by all persons booked, which are usually accessible to guests for use without special conditions, and to the customary service. The guest must exercise his rights in accordance with any hotel and/or guest guidelines (house rules).
The room card issued by the hotel remains the property of the hotel and allows 24-hour access to the hotel. The loss of the card/key must be reported immediately to reception. The guest will be charged CHF 5 for the loss of the card.
To access the Internet, guests must obtain their personal login details from reception. This service is free of charge for all guests.
The guest is responsible for the use of his/her login data. They are liable for misuse and illegal behavior when using the Internet.
Smoking is only permitted throughout the hotel in designated areas (balconies).
Smoking is strictly prohibited in the rooms and public areas. This also includes smoke-like methods such as vaporization or similar. The hotel reserves the right to charge the guest for any costs incurred as a result of disregarding the smoking ban.
14. Extension of the stay
Unless otherwise agreed, the guest is not entitled to an extension of their stay.
If the guest is unable to leave the hotel on the day of departure due to unforeseeable exceptional circumstances / force majeure (e.g. extreme snowfall, flooding, etc.) and all departure options are blocked or unusable, the contract shall be automatically extended for the duration of the impossibility of departure at the previous conditions.
15. Additional conditions for groups
Group rates only apply if agreed in advance and confirmed in writing by the hotel.
For a group of less than 5 rooms or 10 persons, the rates for individual travelers apply.
Groups arriving and/or departing together must notify the hotel in writing 3 days prior to arrival.
Only one total invoice will be issued to the tour guide, who is fully liable for this amount.
The final number of persons in the group (incl. list of names) must be communicated to the hotel no later than 7 calendar days before the group's arrival.
If the group is smaller than originally registered, the missing persons will be charged at 100% of the proportionately booked services.
If a group reservation is canceled, the cancellation fees listed under point 10 shall apply.
16. Objects brought in by the guest
Any exhibits or other items, including personal items, brought into the event rooms or the hotel premises are at the risk of the guest. The hotel assumes no obligation to guard or store such items. The hotel accepts no liability for the loss, destruction or damage of items brought into the hotel, except in cases of gross negligence or intent on the part of the hotel. The guest is responsible for insuring any items brought into the hotel.
Decorative material brought into the hotel must comply with fire regulations.
The hotel is entitled to demand official proof of this. Due to possible damage, the installation and attachment of objects must be agreed with the hotel in advance.
Any exhibits or other items brought in must be removed immediately after the end of the event. The hotel may have any items left behind removed and/or stored at the guest's expense. If the removal involves disproportionately high costs, the hotel may leave the items in the event room and charge the guest the usual room rent for the duration of their retention.
Packaging material (cardboard, boxes, plastic, etc.) that is generated in connection with the delivery of the event by the guest or third parties must be disposed of by the guest. If the guest leaves packaging material behind in the hotel, the hotel is entitled to dispose of it at the guest's expense.
17. actions, use and liability
Hotel
The hotel shall not be liable to the Guest for slight or moderate negligence to the extent permitted by law and shall only be liable for damage caused intentionally or by gross negligence.
Should disruptions or defects occur in the hotel's services, the hotel will endeavor to remedy the situation upon immediate notification by the guest. If the guest fails to notify the hotel of a defect in good time, there is no entitlement to a reduction in the contractually agreed remuneration.
The hotel shall be liable for items brought in by guests in accordance with the statutory provisions, i.e. up to the amount of CHF 1,000. The hotel is not liable for slight or medium negligence. If valuables (jewelry, etc.), cash or securities are not handed over to the hotel for safekeeping, the hotel's liability is excluded to the extent permitted by law. The hotel recommends that money and valuables should always be kept in a safe.
If any damage is not reported to the hotel immediately after its discovery, the guest's claims shall be forfeited.
The hotel is not liable under any legal title for services which it has merely arranged for the guest.
The hotel accepts no liability for theft of or damage to material brought in by third parties.
Guest
The guest is liable to the hotel for all damage and loss caused by him, his companions or assistants or event participants, without the hotel having to prove fault on the part of the guest.
The guest is responsible for the correct use and proper return of all technical aids / equipment provided by the hotel or procured on its behalf via third parties, and is liable for damage and loss.
The guest is liable to third parties for services and expenses incurred by the hotel.
Third party
If a third party makes the booking on behalf of the guest, he shall be liable to the hotel as the ordering party together with the guest as joint and several debtors for all obligations arising from the contract. Irrespective of this, each customer is obliged to pass on all information relevant to the booking, in particular these General Terms and Conditions, to the guest.
18. Illness or death of the guest
If a guest falls ill during their stay at the hotel, the hotel shall notify a doctor at the guest's request. If the guest is no longer capable of acting and the hotel is aware of the illness, the hotel shall notify the doctor.
Medical care shall in any case be provided at the guest's expense.
The contract with the hotel ends with the death of the guest.
19. keeping of animals
Animals may only be brought into the hotel with the prior consent of the hotel and for a special fee.
The guest who brings an animal into the hotel is obliged to keep or supervise this animal properly during his stay or to have it kept or supervised by a suitable third party at his own expense.
The guest must have appropriate pet owner's insurance for their animal. Proof of such insurance must be presented to the hotel upon request.
20. lost property
Lost property will be forwarded if ownership is clear and the residential/business address is known. The guest shall bear the costs and risk of forwarding.
21. further provisions
If the guest requests services that are not provided by the hotel itself, the hotel acts merely as an intermediary.
The statutory limitation periods shall apply. Insofar as these can be amended, an absolute limitation period of 6 months after departure shall apply to claims for damages by the guest.
Advertisements in the media (such as newspapers, radio, television, internet) with reference to events at the hotel, with or without the use of the unchanged company logo, require the prior written consent of the hotel.
Issue: June 2024
