General Terms and Conditions
1. scope of application
These General Terms and Conditions (“GTC”) govern the legal relationship between the guest / tenant / customer (hereinafter referred to as the “Customer”) and the provider “Anstatthotel.ch GmbH” (“Hotel”) as the landlord or provider of hotel rooms, apartments and apartments and as the provider of other goods and services for the benefit of the Customer. If a third party orders accommodation for the guest, the third party and the guest shall be jointly and severally liable to the hotel for all contracts concluded. General terms and conditions of the customer or other third parties shall not apply.
2. conclusion of contract
A contract is concluded when a customer books one or more rooms or other deliveries and services. A booking is made when a customer reserves one or more rooms online on the hotel’s website, on an online booking platform or by contacting the hotel directly and paying for them. The reservation becomes valid once the hotel has issued a digital reservation confirmation with details of the reservation number, travel dates and any cancellation conditions.
A contract can only be concluded by providing valid credit card information or via an alternative agreed advance payment. If the credit card details provided by the customer are invalid, the reservation will not be upheld despite the issue of a reservation confirmation.
The transfer, subletting or re-letting of the rooms provided to third parties and their use for purposes other than accommodation require the prior written consent of the hotel.
Amendments to the contract shall only become binding for the hotel upon written or digital reconfirmation. Unilateral amendments or additions to the contract by the guest are invalid without such reconfirmation.
3. Prices, advance payment, means of payment and payment
All prices are quoted in Swiss francs (CHF) and include VAT. The customer will be charged an additional overnight flat rate / tourist tax. The final price results from the conclusion of the contract. Changes to a contract entitle the hotel to charge different prices, e.g. in the event of an extension of the stay, a change in the number of rooms booked, the hotel’s services, etc.
The customer undertakes to pay for the contractually agreed services and any other deliveries and services used. Any increase in statutory charges after conclusion of the contract shall be borne by the customer.
If the period between conclusion and fulfillment of the contract exceeds six months, the hotel reserves the right to make an appropriate price adjustment.
Agreed services must be paid for by the customer before the service is used and at the latest on the day of arrival. Late payment or non-payment entitles the hotel to cancel the reservation and rent the room to someone else. This shall not cancel the customer’s obligation to pay.
The hotel only accepts Mastercard and Visa credit cards as means of payment. Any transmission of credit card data is encrypted and PCI-compliant. Payment is made via the online booking platform, a payment link or by direct debit to the credit card. Longer bookings of 31 days or more can be paid in advance on a quarterly or monthly basis by agreement with a bank standing order. Other means of payment are only accepted by prior arrangement.
4. Withdrawal or cancellation by the customer
Once a contract has been concluded, the customer may withdraw from the contract and cancel the reservation free of charge by giving written notice up to before the start of the trip. If an earlier deadline has been contractually agreed with the customer, the corresponding earlier deadline shall be deemed to be the deadline for cancellation free of charge.
The reservation of one or more rooms with a total number of more than 30 room nights have a cancellation deadline of 30 days before the start of the trip, unless otherwise contractually agreed. If cancellation of the reservation is contractually excluded or the deadline for a free cancellation has expired, the hotel is entitled to charge the agreed prices and debit them from the customer’s credit card.
If the customer 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 days missed. The customer must prove the impossibility of arrival. However, the obligation to pay for the booked stay is revived from the moment of arrival.
It is recommended that the customer takes out travel cancellation insurance.
5. withdrawal by the hotel
The hotel is entitled to withdraw from the contract extraordinarily if there is an objectively justified reason. An objectively justified reason may be that
- force majeure or other circumstances for which the hotel is not responsible make it impossible to fulfill the contract;
- rooms are booked under misleading or false statements of material facts, e.g. in the person of the customer or the purpose;
- there is a violation of point 2 para. 3;
- prostitution is practiced on the premises of the hotel;
- drugs are consumed or trafficked on the premises of the hotel;
- content is downloaded or uploaded via the in-house WLAN system that violates applicable law, e.g. content protected by license law, child pornography, internet crime, etc. or could cause lasting damage to the reputation of the hotel;
- the customer is obviously unable or unwilling to pay;
- makes significantly detrimental use of the premises or, through his or her inconsiderate, offensive or otherwise grossly improper behavior, makes it unpleasant for the other guests, the owner, the owner’s staff or third parties living in the accommodation establishment to stay together or is guilty of an act against property, morality or physical safety towards these persons that is punishable by law;
- the hotel has justified cause to believe that the use of the hotel’s services may jeopardize the smooth operation of the hotel, its security or public reputation, without this being attributable to the hotel’s sphere of control or organization.
In the event of justified extraordinary termination of the contract by the hotel, the customer shall have no claim to compensation. If the customer is responsible for the cancellation of the hotel, the customer is obliged to pay the contractually agreed price in full. We reserve the right to claim further damages. In the event of termination for objectively justified reasons, the hotel operator also has the right to issue a house ban.
6. check-in and check-out
Check-in takes place in purely digital form without the use of hotel staff at the location of the hotel or rental property. The availability of a hotel room is guaranteed from 16:00 on the day of arrival. On the day of departure, the hotel room must be vacated by 10:00 a.m. at the latest.
The customer receives access to the hotel shortly before arrival via a code, an app on a cell phone or a web application, depending on the location.
Early check-in and late check-out can be booked for an additional charge and in consultation with the hotel. If hotel rooms are not vacated on time, the hotel is entitled to charge for an additional day and any expenses incurred.
7. use of the rooms
The booked room or apartment is reserved exclusively for the registered guest. The hotel’s prior written consent is required if the room is to be given to a third party or used by an additional person. The subletting of the room and its use for purposes other than accommodation are excluded.
8. assignment
The rental property may only be occupied by the intended number of persons (including children and infants). Additional persons may be refused by the administrator or invoiced separately.
9. animals
Pets are only permitted with the prior written consent of Anstatthotel and only in specially designated hotel rooms.
The customer will be charged a surcharge per night for each pet brought along. Exceptions are assistance dogs such as. Guide dogs for the blind; these may be carried free of charge and at any time.
All damages and additional expenses incurred by the hotel as a result of the pet being brought along (e.g. cleaning) will be charged to the customer in full.
10. internet
Free WLAN with internet connection is available in the rooms and common areas of Anstatthotel. The permanent availability of the network cannot be guaranteed by Anstatthotel.
The customer may not change the network provided either physically (cabling, installation) or digitally (all network settings). The use of the network is subject to fair use, i.e. excessive load due to intensive downloads and uploads must be avoided. Anstatthotel reserves the right to throttle, restrict or switch off network usage.
Anstatthotel accepts no liability for any damage in connection with the use of the network or the Internet (e.g. viruses, phishing, Trojans, etc.).
11. fitness
In some Anstatthotel establishments, a separately bookable fitness area of a partner establishment is available. The use of this service is at your own risk and without supervision. Anstatthotel declines all liability.
12. other additional services
Additional baby cribs must be reserved at least 24 hours before arrival, otherwise we cannot guarantee that they will be available in time.
Additional beds can be requested depending on space and availability. Additional persons will be charged. There is no entitlement to the availability of additional beds.
13. smoking ban and fire protection
There is a general ban on smoking in all interior rooms in all Anstatthotel buildings. Smoking is only permitted in outdoor areas in the designated zones. Violation of the smoking ban will be charged with a penalty fee of CHF 200.
The use of barbecues is prohibited inside the rooms and on the balconies.
If an attempt is made to deactivate the fire alarm system or individual fire alarms in a common room or room, a penalty fee of CHF 200 will be charged. In addition, all further costs incurred as a result will be charged to the person responsible.
Only items and equipment belonging to the room furnishings may be used. When using the microwave, hob or kettle, it is imperative to prevent excessive steam and smoke from forming and to open the window and ensure adequate ventilation. If the fire department is alerted in error or improperly, the perpetrator will be charged a fee of at least CHF 400 plus the fire department’s deployment costs.
Due to fire regulations, no objects may be deposited in the corridors or common rooms. Furthermore, all exits must be kept clear at all times.
14. damage to the furnishings of the hotel
The guest is liable to Anstatthotel for all loss or damage caused by him, fellow travelers, companions or auxiliary persons.
The guest is liable in particular for damage to the room, in the common rooms and to all furnishings (e.g. room furnishings, kitchen furnishings, bathroom fittings, television, WLAN router, smoke detectors, laundry, etc.) as well as their loss. In the event of damage or loss, the customer shall be liable for the replacement value or the value of the goods. the maintenance costs.
If a third party makes the reservation for the guest, the third party 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.
15. parking spaces
Depending on location and availability, Anstatthotel offers guests paid or free parking. If parking is offered, Anstatthotel declines all liability for parking damage, theft or other damage to the vehicle during the guest’s stay.
Illegally parked vehicles can be fined by the landowner and, in compelling cases, towed away at the vehicle owner’s expense.
16. night rest
On the premises of Anstatthotel, the usual national night’s rest applies from 10 pm to 6 am. During this time, conversations, televisions, radios etc. must be kept at a low volume.
17 Liability of the hotel
Any items brought into the hotel are at the customer’s risk. The hotel accepts no liability for loss, damage or other financial losses except in cases of gross negligence or intent on the part of the hotel.
The hotel accepts no liability for activities outside the hotel. Neither in the event of accident or injury nor in the event of loss of property, even if these activities were recommended to the customer by the hotel or carried out by third parties. All claims against the hotel generally expire 6 months after departure, unless the mandatory statutory provisions provide for longer periods.
If the hotel does not provide the agreed hotel room(s), it shall be liable to the guest for any damage incurred, provided that this can be proven. If the hotel is unable to provide the reserved room(s) upon arrival, it will organize equivalent replacement accommodation in another hotel and pay for all additional costs such as transport, accommodation, etc. which exceed the original contract prices.
No liability shall be accepted for the accommodation or rental property being affected by force majeure, such as strikes, pandemics, war, earthquakes, power and water failures customary in the country or severe weather conditions.
18. duty to cooperate
The customer is requested to check the inventory of the rental property on arrival and to report any defects to the hotel operator/owner/manager within 24 hours so that remedial action can be taken. All other complaints about the rented property must also be reported immediately. Complaints submitted at a later date will not be considered.
The guest must treat the accommodation and inventory with care and is obliged to report any damage caused by him/her during his/her stay to the hotel operator/owner/manager.
19. data protection
The separate Privacy Policy (valid from September 1, 2022) is an integral part of these General Terms and Conditions.
20. severability clause
Should individual components of these GTC be ineffective or invalid, this shall not affect the validity of the contract and the remaining provisions of these GTC. Deviating agreements must be made in writing to be valid.
The exclusive place of jurisdiction is 6300 Zug, Switzerland. Swiss law is applicable. 01.09.2022/rh