GENERAL TERMS AND CONDITIONS OF IMMO SCHWARZSEE AG
(hereinafter referred to as "Hostellerie am Schwarzsee")
1. SUBJECT OF THE CONTRACT
The subject of the contract is the provision of:Conference, banqueting and meeting rooms and hotel rooms, as well as other services necessary for the implementation of the respective event by Hostellerie am Schwarzsee.
2. OBLIGATIONS OF THE ORGANISER
2.1. USE OF ROOMS
The organiser is obliged to communicate all necessary details to Hostellerie am Schwarzsee at least 14 days prior to the event. The organiser shall specify the final number of participants at the latest two working days before the event. If fewer than the designated persons participate in the event, the costs for the final number of participants reported will be charged. In the number of participants is higher than the final number reported, the actual number will be charged. In the event of changes in the number of initial participants, Hostellerie am Schwarzsee will be entitled to adjust the proposed rooms. Any additional third-party costs incurred as a result of this shall be borne by the organiser.
2.1.1 CHANGES AFFECTING THE LAYOUT
The desired and confirmed layout is deemed to be final. Should the organiser wish to make changes at short notice which would require a significant investment of time on the part of Hostellerie am Schwarzsee to implement the changes, the Organiser will be charged a surcharge.
2.1.2. REIMBURSEMENT OF EXPENSES
If Hostellerie am Schwarzsee procures technical facilities or other services from third parties for the organiser, it acts on behalf of and at the expense of the organiser. The Organizer undertakes to reimburse all expenses and deployments incurred by Hostellerie am Schwarzsee in the proper execution of the order and to indemnify Hostellerie am Schwarzsee from any liabilities entered into. The organiser is liable for ensuring that technical facilities rented on behalf of the organiser are handled with care and returned in proper order.
2.2. START AND END OF THE EVENT
The start and end of the event will be set out in the contract. Changes to the agreed times require the consent of Hostellerie am Schwarzsee.
Option data are binding on both parties. Hostellerie am Schwarzsee is entitled to otherwise have access to the reserved rooms once the option data has expired.
2.4. FOOD & DRINK
Food and drink are generally available to purchase from Hostellerie am Schwarzsee. By way of exception and with the consent of Hostellerie am Schwarzsee, the organiser may assign responsibility for catering to a third party, whereby a service charge or corkage fee will be charged. The organiser shall submit the final menu and wine selection no later than 14 days before the event.
Newspaper adverts and other advertisements referring to events in Hostellerie am Schwarzsee require prior consent. A "Good for printing" must be given to Hostellerie am Schwarzsee if pictures, Hostellerie am Schwarzsee logos and/or other advertising materials are to be used.
No storage rooms are available for exhibition materials or technology. We kindly ask you to deliver your materials as close to the event as possible and to collect them again within 24 hours of the event. The organiser must get our express consent for materials delivered in advance. Hostellerie am Schwarzsee rejects all liability for damage and theft.
Technical staff will immediately remedy faults in the technical facilities provided by Hostellerie am Schwarzsee, so faults will therefore not provide grounds for a reduction in the package price. If a fault cannot be remedied, the package price will be reduced by the amount of the rent for the technical equipment.
3. TERMS OF PAYMENT AND CANCELLATION
The invoice amount will fall due for payment strictly net within ten days after invoicing. In the event of a default in payment, the default interest will be 5%. Hostellerie am Schwarzsee is entitled to demand an appropriate advance payment from the organiser at the time of signing the contract or by agreement. Hostellerie am Schwarzsee assumes that a full account will be sent to the organiser. If the organiser requires a special form of invoice or a specific breakdown of the invoice, this must be disclosed before the invoice is sent. The organiser also remains responsible for any unpaid invoices in such cases.
3.1. ADVANCE PAYMENTS
We reserve the right to demand an advance payment. This is agreed accordingly between the two parties. Deposit required on or before the specified date.
|Days prior to arrival date||Cancellaton fee|
|180 days prior to arrival||10% of total lodgement amount or total revenue|
|120 days prior to arrival||30% of total lodgement amount or total revenue|
|60 days prior to arrival||50% of total lodgement amount or total revenue|
3.2 LIABILITY FOR PAYMENT
If the customer is not also the organiser, he or she is jointly liable with the organiser for the full invoice amount. This liability extends to additional services purchased by the participants of the event, unless direct payment has been explicitly agreed.
3.3. CANCELLATION TERMS
If the event is cancelled due to reasons for which the organiser is responsible, the organiser undertakes to reimburse the following costs:
(bookings of up to 7 rooms - without use of seminar rooms)
Up to 30 days prior to arrival, cancellation is free of charge. A postponement of the stay is always possible within 12 months - any amount already paid will be credited in full.
|Days prior to arrival date||Cancellation fee|
|29 to 14 days||50% of the agreed performance|
|13 to 3 days||60% of the agreed performance|
|2 days to date of arrival||80% of the agreed performance|
|No-show||100% of the agreed performance|
*We recommend that our guests take out cancellation insurance
Booking of hotel rooms (reservations from 8 rooms)
|Days prior to arrival date||Cancellation fee|
|90 to 60 days||20% of lost lodgement revenue|
|59 to 30 days||50% of lost lodgement revenue|
|29 to 15 days||70% of lost lodgement revenue|
|14 to 3 days||80% of lost lodgement revenue|
|2 days to date of arrival||100% of the agreed lodgement revenue|
*Hostellerie am Schwarzsee will receive a final room list five days prior to arrival.
** This policy applies when you return more than 10% of the room allocation originally booked more than 48 hours before arrival. For later cancellations, 100% of the agreed instalments per person will be charged.
Use of banqueting rooms (weddings, family & corporate parties)
|Days prior to the even||Cancellation fee|
|45 to 20 days||20% of the agreed performance|
|19 to 10 days||50% of the agreed performance|
|9 to 3 days||60% of the agreed performance|
|2 days prior to the date of the event||80% of the agreed performance|
Use of seminar rooms and conference rooms
|Days prior to the event||Cancellation fee|
|45 to 15 days||room rent|
|14 to 3 days||room rent plus 50% of lost revenue|
|2 days prior to the date of the event||room rent plus 75% of lost revenue|
*The calculation of lost revenue is based on the minimum prices valid at the time of signing the contract according to the latest hotel documents.
3.4. REPLACEMENT HIRER
If a replacement hirer can be found for the aforementioned rooms, the organiser will be discharged from the obligation to pay compensation. This excludes advance services actually provided by Hostellerie am Schwarzsee, which shall always be compensated by the organiser.
4.1. OVERBOOKINGS BY HOSTELLERIE AM SCHWARZSEE
If, for any reason, Hostellerie am Schwarzsee is unable to provide the reserved rooms, it undertakes to organise accommodation of a similar quality and shall pay for all transport or accommodation costs exceeding the contractual price incurred as a result of this circumstance.
4.2. OVERBOOKINGS BY THE ORGANISER
In the event of overbookings of the agreed allocation by the organiser, Hostellerie am Schwarzsee reserves the right to transfer the guests to a similar hotel at the expense of the organiser.
5. LIABILITY FOR DAMAGES
The organiser is liable for any loss or damage caused by participants in its event. The organiser is prohibited from hanging anything up with adhesive tapes, pins etc. without the consent of Hostellerie am Schwarzsee. No additional decorative materials may be used without the express consent of Hostellerie am Schwarzsee. The organiser is responsible for ensuring that the decorative materials it uses with the consent of Hostellerie am Schwarzsee comply with safety regulations of the fire department. Decorative materials brought in by the organiser must be collected at the end of the event. Non-recovered materials will be disposed of at the expense of the organiser. We charge CHF 60.00 per cubic metre for the disposal of conference materials such as documents, boxes, etc. Hostellerie am Schwarzsee rejects all liability for theft and damage to clothes or any other items brought in by participants of the event. Hostellerie am Schwarzsee rejects all liability for any loss or damage to items brought in by the organiser.
6. EXCLUSION OF LIABILITY
Hostellerie am Schwarzsee rejects all liability in the event of accidents on the premises. Insurance is the responsibility of participants, who participate in tours organised for them at their own risk.
7. WITHDRAWAL BY HOSTELLERIE AM SCHWARZSEE
In the event of force majeure, following official orders, or in cases of non-compliance with the contractually agreed advance payment (Section 3.1), Hostellerie am Schwarzsee will be entitled to withdraw from the contract without compensation. If Hostellerie am Schwarzsee has reason to believe that the event threatens to compromise smooth operation of its business or the safety or reputation of the hotel, we reserve the right to withdraw from the contract without compensation.
8. APPLICABLE LAW AND PLACE OF JURISDICTION
This contract is governed by Swiss law. The parties expressly agree that Tafers will be the sole place of jurisdiction.