AGB Engadinerhof AG 01/11012024 General Terms and Conditions

1. SCOPE OF APPLICABILITY These General Terms and Conditions ("GTC") apply to contracts of Engadinerhof AG as operator of the Hotel Engadinerhof for the rental of hotel and event rooms as well as for other related hotel services. The General Terms and Conditions for Events apply to events. These GTC govern the legal relationship between the customer, hereinafter referred to as the guest, and Engadinerhof AG, 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 guest's general terms and conditions do not apply. Anything to the contrary shall only apply if this is expressly confirmed in writing by the hotel. The validity period of the offers corresponds to the option date. The hotel reserves the right to sublet provisionally reserved rooms as long as no signed order confirmation has been received. All contract extensions, additions or cancelations must be made in writing.

2. DEFINITIONS Groups: Groups within the meaning of these GTC are travel groups with a minimum number of 10 booked rooms. Written confirmations: Written confirmations also include e-mail messages. Contractual partners: are the guest and the hotel

3. SUBJECT OF THE CONTRACT The contract for the rental of rooms, meeting rooms, areas and the purchase of other supplies 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 confirmation. 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.

4. SCOPE OF SERVICES The scope of the contract is determined by the individual reservation made and confirmed by the guest. The guest is not entitled to the provision of specific rooms, but the hotel undertakes to keep rooms of the reserved category available. If, for unforeseen reasons, no room of the same value as reserved is available on arrival, accommodation will be provided in a room of the next higher category. In the event that no room is available in the hotel, the hotel will arrange for at least equivalent accommodation in another hotel. 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.

5. ROOM RENTAL AND RETURN BOOKED ROOMS Booked rooms are available to the guest from 4 p.m. on the agreed day of arrival. The guest is not entitled to occupy the room earlier. If the guest arrives after 6.00 p.m., the hotel must be informed of the later arrival by telephone or in writing by 3.00 p.m. on the day of arrival at the latest, otherwise the hotel may freely dispose of the rooms. Room occupancy by 05.00 a.m. counts as a full overnight stay. On the agreed day of departure, the rooms must be vacated and made available to the hotel by 11.00 a.m. at the latest. After this time, the hotel may charge 50% of the full accommodation price (list price) for late vacating of the room until 6.00 p.m., and 100% from 6.00 p.m. onwards.

6. PREVIOUS 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 reallocate the unused services. 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.

7. EXTENSION OF STAY Unless otherwise agreed, the guest is not entitled to an extension of his/her 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 at the previous conditions for the duration of the impossibility of departure.

8. PRICES / NON-REFUNDABLE RATES / PAYMENT OBLIGATION The prices communicated by the hotel are in local currency (CHF or EUR) per room / night and include the statutory VAT. Any visitor's tax and other charges per guest / night are not included in the price. The hotel works with daily updated room rates, which are based on the availability of the individual room categories. 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. 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. In the event of an obvious incorrect booking due to system-related errors in the booking system (material error of declaration (Art. 24, para. 3 OR), the agreed prices are null and void. In this case, the hotel has the right to cancel the booking without compensation. The hotel is entitled to demand a deposit of up to 100% of the expected total amount upon conclusion of the contract, primarily during the high season, for group reservations or events. Room prices based on the non-refundable rate are already due at 100% upon definitive booking. Loyalty cards and vouchers cannot be credited. The deposit is to be understood as a partial payment of the total amount owed or any cancellation costs. In addition to a deposit, the hotel may also require a credit card guarantee. The credit card guarantee serves to secure the reservation. The final payment will be made on site after further consultation with the guest. An advance payment must be transferred within 30 days of receipt of the reservation confirmation. In the case of short-term reservations, this period may vary and the hotel may require 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) after a short grace period has expired without success and demand the cancellation costs listed under Section 9 of these GTC. Unless otherwise agreed, the final invoice must be paid in local currency (CHF or EUR) in cash or by accepted debit or credit card at the latest at check-out on the day of departure. Invoices are payable in full within 30 days of invoicing. The hotel may charge a reminder fee of CHF 20.00 for each reminder. In the event of late payment, the default interest rate is 6%. All bank charges or any exchange rate differences shall be borne by the guest. The defense of set-off against claims of the hotel is excluded.

9. CHANGES AND CANCELLATION OF THE RESERVATION / NO-SHOW OF THE GUEST (NO-SHOW)

1. Modification and cancellation of the reservation

The date of receipt of the written notification by the hotel and the subsequent written confirmation by the hotel are decisive for the calculation of a timely change or cancellation of a reservation. For certain rates, however, special conditions apply which no longer allow changes or cancelations (e.g. non-refundable rates). In such cases, the basis for calculation is always the total arrangement.

1. Cancellation of internet-based bookings (third-party providers) Cancellations of internet-based booking systems are only legally effective if they have been canceled via the booking system of the third-party provider in compliance with the cancellation conditions and accepted by the hotel.
2. If the guest does not show up ("no-show"), 100% of the booked services, but at least one night at the booked price, will be charged.
3. Cancellation conditions

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, unless otherwise stated in the respective arrangement or rate.

Standard cancellation conditions individual reservations summer season

Up to 7 days before arrival: Free of charge

6-3 days before arrival: 60% of the total amount

2-0 days before arrival: 90% of the total amount, unless the room can be resold Standard cancellation conditions for individual reservations Winter season

Up to 15 days before arrival: Free of charge

14-8 days before arrival: 50% of the total amount

7-3 days before arrival: 75% of the total amount

2-0 days before arrival: 90% of the total amount, unless the room can be resold

Cancellation conditions Christmas & New Year's Eve (December 24 to January 02)

Up to 60 days before arrival: Free of charge

59-30 days before arrival: 50% of the total amount

29-15 days before arrival: 75% of the total amount

14-0 days before arrival: 90% of the total amount, unless the room can be resold Cancellation conditions for group reservations

Cancellation conditions for group reservations depend on the size of the group and are regulated separately. If there are no separate cancellation conditions, the following rules apply:

Up to 60 days before arrival: Free of charge

59-30 days before arrival: 50% of the total amount

29-15 days before arrival: 80% of the total amount

14-0 days before arrival: 100% of the total amount, unless the room can be resold

10. RESIGNATION BY ENGADINERHOF AG

Up to and including 60 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 extraordinarily and with immediate effect at any time for objectively justified reasons by means of an immediate unilateral written declaration, for example if

• an obvious incorrect booking has been made due to system-related errors in the booking system. In such a case, the agreed prices are null and void;
• agreed advance payment or security deposit is not made within the period set by the hotel;
• force majeure or other circumstances for which the hotel is not responsible make it objectively impossible to fulfill the contract;
• Closure or change of opening hours for economic or legal reasons;
• rooms or spaces are booked or used with misleading or false statements of material facts, e.g. in 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 or is in breach of the above clause 8;
• the purpose or reason for the stay is unlawful. 

If the hotel withdraws from the contract for the aforementioned reasons, the guest shall not be entitled to compensation.

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 is revived from the moment the guest is able to arrive.

12. DUTY OF CARE / LIABILITY The hotel room is to be used by the guest with the utmost care. 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 hotel is liable for items brought in by guests in accordance with the statutory provisions. No liability is accepted for slight 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 the room 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. If the guest suffers damage or is not satisfied with the hotel's services, he must notify the hotel immediately, otherwise he can no longer assert any rights. All claims against the hotel expire within 3 months of the end of the contract. 

13. DOG KEEPING Dogs may only be brought into the hotel for a special fee. The guest who brings a dog to the hotel is obliged to keep or supervise this dog properly during his stay or to have it kept or supervised by a suitable third party at his own expense. Dogs may only be kept in the areas designated by the hotel. 

14. PROVISION OF CHANGES Engadinerhof AG reserves the right to change and adapt the General Terms and Conditions at any time. Legal recourse is excluded. 

15. PRIVACY POLICY The privacy policy can be viewed at: www.Engadinerhof.com/datenschutz

16. TRANSFER OF RECEIVABLES TO THIRD PARTIES Engadinerhof AG reserves the right to transfer outstanding receivables to third parties and to make information available to third parties for the purpose of credit checks. 

17. JURISDICTION / APPLICABLE LAW The place of jurisdiction for any disputes arising from this contract is Liestal, Baselland, 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.