General Terms and Conditions

 

 

1. Basics

These General Terms and Conditions (GTC) regulate the legal relationship between the guest / customer / organizer, hereinafter referred to as the guest, and the Hotel Post GmbH as the operator of the Hotel Post Andeer, hereinafter referred to as the hotel.

These terms and conditions - regardless of the service - always speak of a contract.

The terms and conditions of the hotel valid at the time the contract was concluded and is applied exclusively. General terms and conditions of the guest only apply if this has been expressly agreed in writing before the contract is signed.

Should individual provisions of these terms and conditions be ineffective or invalid, this shall not affect the validity of the contract and the remaining terms and conditions. Otherwise, the statutory provisions apply.

 

2. Place of jurisdiction / applicable law

Andeer Graubünden is the place of jurisdiction for any disputes arising from this contract, unless there is another legally mandatory place of jurisdiction.

Swiss law applies exclusively to all contracts, reservations, any additional agreements and general conditions. The place of fulfillment and payment is the main location of the hotel.

 

3. Definitions

Groups: Groups within the meaning of these terms and conditions are travel groups with a minimum of 15 booked people.

Written confirmations: E-mail messages are considered to be written confirmations.

The contractual partners are the guest and the hotel

 

4. Subject of the contract / scope

The contract for the rental of rooms, seminar rooms, areas and the purchase of other deliveries and services is concluded with the guest's written confirmation. 

A reservation made on the day of arrival is binding at the moment of acceptance by the hotel.

Changes to the contract only become binding for the hotel after a (written) reconfirmation. Unilateral changes or additions to the contract by the guest are ineffective.

The subletting and re-letting of the leased rooms as well as 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 no rooms are available in the hotel despite a confirmed reservation, the hotel must inform the guest ahead of time and offer an equivalent replacement in a nearby hotel of a comparable or higher category.

Any additional expenses for the replacement accommodation are at the expense of the hotel. If the guest refuses the replacement room, the hotel must immediately reimburse any payment already provided by the guest (e.g. down payments). The guest does not have any further claims.

 

6. Duration of use

Unless otherwise agreed, the guest has the right to use the rented rooms from 3 p.m. on the agreed day of arrival until 11 a.m. on the day of departure.

In the case of arrival after 6 p.m., the hotel must be informed by the guest of the later arrival by phone or in writing by 6 p.m. at the latest on the day of arrival. Otherwise the hotel can freely dispose the rooms.

Moving into a room by 6 p.m. counts as a full night.

If the guest releases the room later than 2 p.m., the hotel can charge 50% of the full accommodation price (list price) for use beyond the contract. 

If the guest leaves the room late, the hotel reserves the right to remove the guest's belongings from the room and to store them in a suitable location in the hotel for a fee.

 

7. Options

Option dates are binding for both parties. If the option period has expired, the hotel can remove the option  without further notification.

The confirmation must be received by Hotel Post Andeer 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 value added tax, any visitor's tax and other charges.

The guest is obliged to pay the hotel's agreed or applicable prices for rooms provided and for other services used. This also applies to the expenses from his companions and visitors.

An increase in statutory fees after the conclusion of the contract is at the expense of the guest. Prices in foreign currencies are guidelines and will be charged at the respective exchange rate by Graubünden Kantional Bank. The prices that are confirmed by the hotel are valid.

The hotel can change prices if the guest subsequently changes the number of rooms booked, the hotel's services or the length of the guests' stay.

The hotel can request a deposit of 40% of the total booking amount. The down payment is to be understood as a partial payment of the agreed fee.

The hotel can also request a credit card guarantee instead of a deposit.

An advance payment must be transferred within 7 days of receipt of the reservation confirmation. If the reservation is made at short notice, the hotel will ask for a credit card guarantee for the entire booking amount.

If the down payment is not made in due time or the credit card guarantee is not provided, the hotel can withdraw from the contract (including all performance promises) immediately (without a reminder) and demand the cancellation costs listed in Section 10 of these General Terms and Conditions.

The hotel has the right to invoicing or interim billing of its services to the guest at any time.

The final invoice includes the agreed price plus any additional amounts that may have arisen for the guest and / or the persons accompanying him due to additional services provided by the hotel. Unless otherwise agreed, the final invoice must be paid in Swiss francs in cash or by an accepted credit card at the latest at check out on the day of departure.

The hotel can charge a reminder fee of CHF 100.00 for each reminder.

The offsetting defense against claims by the hotel is excluded.

 

9. Cancellation by the hotel

The hotel can withdraw from the contract at no cost up to and including 3 days before the agreed arrival date of the guest.

Furthermore, the hotel is entitled to withdraw from the contract with immediate effect at any time for an objectively justified reason by means of an immediate unilateral and written declaration:

Objectively justified reasons include, for example:

• an agreed advance payment or security deposit will not be made during the period set by the hotel;

• Force majeure or other circumstances for which the hotel is not responsible, which objectively make the fulfillment of the contract impossible;

• Rooms or rooms that are booked or used with misleading or false information, eg about the guest or the purpose of use or stay;

• the hotel has justified cause to assume that the use of the agreed services may impair the smooth business operations, the safety of other hotel guests or the reputation of the hotel;

• the guest has become insolvent (bankruptcy or unsuccessful attachment) or he has stopped his payments;

• the purpose or the reason for the stay is illegal.

If the hotel withdraws for the aforementioned reasons, the guest has no right to compensation. 

 

10. Cancellation of the reservation / cancellation fees

Cancellation

A cancellation of the reservation requires the written consent of the hotel. If this is not done, the agreed price is to be paid even if the guest does not make use of the contractual services. If the guest does not show up ("no-show"), at least the first night will be billed.

The arrival of the guest's written cancellation at the hotel is the main factor that decides the calculation of the cancellation fee. This applies to letters as well as email messages.

If the guest withdraws from the contract without an approved cancellation or if certain reserved services are changed or canceled, the hotel can charge the following cancellation fees.

 

Cancellation fees:

 

Individual reservations

• Up to and including 3 days before the agreed arrival date, the guest can withdraw from the contract without incurring costs.

• written cancellation of the stay later than 3 days before the confirmed arrival date: 100% according to the reservation confirmation.

 

Conditions on special occasions such as New Years Eve and New Years

Cancellations for reservations during these special times / events are only possible free of charge up to 7 days / weeks before the confirmed date of arrival.

A 40% advance payment is required for all reservations made during these events, which the guest must pay immediately, but no later than the end of the deadline set. If this advance payment is not made, the hotel can allocate the rooms to someone else.  

 

Group reservations

The cancellation fees below apply if more than 15 people in a group (see section 3) are canceled.

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• The group reservation can be canceled at no cost up to and including 15 days before the agreed arrival date.

• Written cancellation of the stay later than 15 days before the confirmed arrival date: 100% according to the reservation confirmation.

 

Mitigation

The hotel endeavors to allocate unused services to other parties for both canceled individual and group reservations. If the hotel can otherwise provide the canceled services to third parties in the agreed period, the guest's cancellation fee is reduced by the amount that these third parties pay for the canceled service.

 

11. Impossible arrival

If the guest cannot arrive or cannot arrive on time as a result of force majeure (flood, avalanche, earthquake, etc.), he is not obliged to pay the agreed fee for the days missed.

The guest must prove that it is impossible to arrive.

However, the obligation to pay for the booked stay comes back to life from the moment you are able to arrive.

 

12. Early departure

If the guest leaves early, the hotel is entitled to invoice 100% of all the services booked.

In the event of early departure, the hotel will try to allocate the unused services to other parties. If the hotel can provide the unused services to third parties in the agreed period, the guest's invoice amount is reduced by the amount that these third parties pay for the canceled service.

 

13. Stay / Keys / Security / Internet / Smoking

The hotel room is reserved exclusively for the registered guest. Leaving the room to a third person or using it by an additional person requires the (written) approval of the hotel.

By concluding a contract, the guest acquires the right to the usual use of the rented rooms and the hotel facilities by all booked persons, which are usually accessible to the guests for use without special conditions, and to the usual service. The guest must exercise his rights in accordance with any hotel and / or guest guidelines (house rules).

The room card / key provided by the hotel remains the property of the hotel and enables 24-hour access to the hotel. The loss of the card / key must be reported to reception immediately. A damaged card will be billed to the guest with CHF 50.- and the loss of the card / key with CHF 80.-.

In order to access the Internet, the guest must obtain his personal login data at the reception. This service is free for all guests.

Smoking is not allowed in the room and is only permitted in appropriately marked locations (Terrace, Pergola)

 

14. Extension of the stay

Unless otherwise agreed, the guest has no right to have his stay extended.

If the guest cannot leave the hotel on the day of departure because unforeseeable exceptional circumstances / force majeure (e.g. extreme snowfall, flooding, etc.), the contract shall automatically become void for the duration of the impossibility of departure. The lenght of the stay is extended with the previous conditions. 

 

15. Additional conditions for groups

Group rates are only applicable if agreed in advance and confirmed in writing by the hotel.

For a group of less than 15 people, the tariffs for individual travelers apply.

The hotel must be notified in writing of the joint arrival and / or departure of groups 15 days prior to arrival.

Only one total invoice is issued to the tour guide, who is fully liable for this amount.

The final number of people in the group (including list of names) must be communicated to the hotel no later than 15 calendar days prior to the group's arrival.

If the group is smaller than originally registered, the cancelled room(s) will be billed at 100% of the proportionally booked services. Additional people will be counted and billed as individual travelers - subject to the condition that they can be met.

If a group reservation is canceled, the cancellation fees listed under point 10 apply.

 

16. Events

An event can include room rental, meals, technical facilities, accommodation and other services.

Number of participants

The guest undertakes to inform the hotel of the binding number of participants for an event at the latest by 15 working days before the date of the event.

If the number of participants communicated by the guest differs from the final number of participants, then the following applies:

• Up to 5% lower actual number of participants: Billing based on the actual number of participants.

• The actual number of participants is more than 5% lower: Deviation is taken into account with (at most) 5%.

• If the number of participants is reduced by more than 10%, the hotel is entitled to increase the agreed prices appropriately and to swap the confirmed rooms.

• In the event of a later increase in the actual number of participants - subject to feasibility - billing will be based on the actual number of participants.

 

Cancellation by the hotel and procedure in the event of an event being canceled

See section 9 of these terms and conditions.

 

Cancellation Policy

A cancellation of the reservation requires the written consent of the hotel. If this is not done, the agreed price is to be paid even if the guest does not make use of the contractual services.

The arrival of the guest's written cancellation at the hotel is decisive for calculating the cancellation fee to be paid.

If the guest withdraws from the contract without an approved cancellation or if certain reserved services are changed or canceled, the hotel can charge the following cancellation fees.

 

Cancellation fees for events

If an event cannot be held for reasons which are not attributable to the hotel and for which the hotel is not responsible, the hotel reserves the right to payment of the agreed service in accordance with the order confirmation, taking into account the receipt of the written cancellation as follows:

• Up to 15 days before the agreed day of the event, the guest can withdraw from the contract by means of a unilateral written declaration without incurring any costs.

• Cancellation of the event 0-15 days before the arrival date: 100% according to the order confirmation.

 

Event duration

If the agreed start or end times of the event are postponed without the hotel's prior written consent, the hotel can charge additional costs for the provision of staff and equipment, unless the hotel is responsible for the postponement.

The hotel has the right to expel the event participants from the premises after a possible extension permit has expired.

 

17. Food and drinks

All food and drinks can only be obtained from the hotel.

In special cases (specialties, etc.), a different written agreement can be made on this. In such a case, the hotel is entitled to charge a service fee or a corkage fee (see separate list).

 

18. Handling of events

As long as the hotel obtains technical and other equipment from third parties for the guest at the guest's request, it shall act on the guest's account.

The guest is responsible for the careful handling and the proper return of the facilities. The hotel is released by the guest from all claims by third parties arising from the provision of these facilities.

The use of the guest's own electrical systems and devices using the hotel's power grid requires the prior written consent of the hotel. Malfunctions or damage to the technical systems of the hotel caused by the use of these devices and systems are at the expense of the guest, unless the hotel is responsible for them. The hotel can record and calculate the electricity costs incurred through the use of electrical systems and devices.

With the consent of the hotel, the guest is entitled to use his own telephone and data transmission facilities. The hotel can charge connection fees for this (see separate list).

Faults in the technical or other equipment made available by the hotel will be remove as soon as possible upon notification of the guest. As long as the hotel is not responsible for the disruptions, the disruptions neither reduce claims to benefits nor give rise to liability.

The guest must obtain all official permits that may be necessary for the implementation of the event at their own expense. He is responsible for compliance with the permits and all other public law regulations in connection with the event. Fines for violating the permits are to be paid by the guest.

The guest is responsible for handling the formalities and invoices required in connection with music performance and sound reinforcement with the responsible institutions (e.g. SUISA).

 

19. Items brought in by the guest

Exhibition or other items, including personal items, are brought into the event rooms or on the hotel grounds at the guest's risk. The hotel does not assume any duty of guarding or safekeeping. The hotel assumes no liability for the loss, destruction or damage to objects brought in, except in the case of gross negligence or willful misconduct on the part of the hotel. It is the guest's responsibility to insure any items brought along.

Decoration material brought along must meet the fire protection requirements. The hotel is entitled to request official proof of this. Because of possible damage, the setting up and attachment of objects must be discussed with the hotel in advance.

The exhibition or other objects brought in must be removed immediately after the end of the event. The hotel may remove and / or store items left behind at the guest's expense. If the removal is associated with a disproportionate amount of effort, the hotel can leave the items in the event room and charge the guest the usual room rent for the duration of the stay.

Packaging material (cardboard, boxes, plastic, etc.) that arises in connection with deliveries to the event by the guest or third parties must be disposed of by the guest. If the guest leaves packaging material in the hotel, the hotel is entitled to dispose of them at the guest's expense.

 

20. Actions, Use, and Liability

a. Hotel

The hotel eliminates liability towards the guest within the scope of the legal possibilities for slight and medium negligence and is only liable for damage caused intentionally or through gross negligence.

Should disruptions or deficiencies in the hotel's services occur, the hotel will endeavor to remedy the situation immediately upon notification of 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 fee.

The hotel is liable for items brought by guests in accordance with the statutory provisions, ie up to an amount of CHF 1,000. The hotel is not liable for slight or moderate negligence. If valuables (jewelry, etc.), cash or securities are not handed over to the hotel for safekeeping, the hotel's liability is excluded within the scope of the legal possibilities. The hotel recommends keeping money and valuables in the safe at reception.

If any damage is not reported to the hotel immediately after it is discovered, the guest's claims are forfeited.

The hotel is not liable under any legal title for services which it has merely mediated for the guest.

The hotel rejects any liability for theft or damage to material brought in by third parties.

b. Guest

The guest is liable to the hotel for all damage and losses caused by him, companions or his assistants or event participants, without the hotel having to prove that the guest is at fault.

The guest is responsible for the correct use and the proper return of all technical aids / equipment that the hotel makes available to him or procures through third parties on his behalf, and is liable for damage and loss.

The guest is liable to third parties for services and expenses incurred by the hotel.

c. Third party

If a third party makes the booking for the guest, he is liable to the hotel as the customer together with the guest as a joint and several debtor for all obligations arising from the contract. Regardless of this, every customer is obliged to forward all information relevant to the booking, in particular these general terms and conditions, to the guest.

 

21. Illness or death of the guest

If a guest falls ill during their stay in the hotel, the hotel will notify a doctor at the guest's request. If the guest is no longer able to act and the hotel is aware of the illness, the hotel will notify the doctor. 

Medical care is always provided at the guest's expense.

The contract with the hotel ends with the death of the guest.

 

22. Pets

Pets may only be brought into the hotel with the prior consent of the hotel and for a special fee.

The guest who brings an pet to the hotel is obliged to properly keep or supervise this animal during his stay or to have it kept or supervised by suitable third parties at his own expense.

The guest must have an appropriate pet owner insurance for his pet. 

 

23. Lost property

Lost property will be forwarded if the ownership structure is clear and the residential / business address is known. The guest bears the costs and the risk of postage.

After a month's retention period has expired, the items are handed over to the local lost property office.

 

24. Further provisions

If the guest wishes services that are not provided by the hotel itself, the hotel will only act as an agent.

The statutory limitation periods apply. As long as these can be changed, an absolute statute of limitations of 6 months after departure applies to claims for damages by the guest.

Advertisements in the media (such as newspapers, radio, television, internet) with reference to events in the hotel, with or without the use of the unchanged company logo, require the prior written consent of the hotel.

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Translator’s note:Should there be discrepancies between the interpretation of the German and English versions of this Data Protection Declaration, the German version shall prevail.