GENERAL TERMS

General Terms and Conditions (AG B) of Engadinerhof AG (as at: 11/2024)

1. scope of application

These General Terms and Conditions (GTC B) apply to all contracts concluded between Engadinerhof AG as operator of the Hotel Engadinerhof and the guest and govern the rental of hotel rooms as well as event rooms and related services. Unless additional agreements are made between the hotel and the guest, the General Terms and Conditions (GTC B) apply to events. These GTC B form the basis of the legal relationship between the guest and Engadinerhof AG, hereinafter referred to as the "hotel". For the sake of simplicity

This AG B speaks of "contract" in connection with any services.

The guest's AG B are excluded unless the hotel expressly confirms this in writing. An offer expires on the option date. Provisional reservations may be reallocated by the hotel if no written order or reservation confirmation has been received.

Contract amendments, additions or cancelations require written confirmation by the hotel, even after verbal agreement.

If a third party acts on behalf of the guest, the guest and the third party are jointly and severally liable for all obligations arising from the hotel stay.

2. definitions

Groups: Groups within the meaning of these GTC consist of at least 10 rooms.

Guest: The person making the booking and therefore the contractual partner of the hotel. Writtenconfirmation: Written confirmation also includes e-mails. Contractual partners. The contractual partners are the hotel and the guest.

Third parties: These include travel agencies, tour operators, wholesalers or platforms such as Booking.com and Expedia as well as company representatives.

3. subject matter of the contract

The contract for the rental of rooms, conference rooms, areas and the use of other supplies and services is concluded either by the written confirmation of the guest or by

implied action. A reservation made on the day of arrival is binding at the moment of confirmation by the hotel. Changes to the contract are only effective for the hotel if they are confirmed in writing. 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 contractual services depends on the individual reservation made and confirmed by the guest. The guest is not entitled to the provision of specific rooms; however, the hotel undertakes to provide rooms of the reserved category. If, for unforeseen reasons, no suitable room is available on arrival, accommodation will be provided in a room of the next higher category. 1st If no room is available in the hotel, the hotel will endeavor to find at least equivalent accommodation in another hotel. Any additional costs for the alternative accommodation shall be borne by the hotel. If the Guest refuses the alternative room offered, the Hotel shall immediately refund any payments already made by the Guest (e.g. deposits). The guest shall have no further claims beyond this.

5. room handover and return

The booked rooms are available to the guest from 16:00 on the agreed day of arrival. There is no entitlement to earlier room occupancy. For arrivals after 6:00 p.m., the guest is obliged to inform the hotel of the later arrival by 3:00 p.m. at the latest on the day of arrival, either by telephone or in writing. If this notification is not made, the hotel is entitled to freely dispose of the reserved rooms and at the same time to waive payment. On the agreed day of departure, the rooms must be vacated by 11:00 a.m. at the latest. In the event of late vacating of the room, the hotel may charge for its use contrary to the contract until

6:00 p.m. 50% of the full price of the overnight stay specified in the contract will be charged; after 6:00 p.m. the full price will be charged in accordance with the contract.

6. early departure

In the event of early departure of the guest, the hotel is entitled to charge the

full, booked services in the amount of 100%. However, the hotel shall endeavor to reassign unused services to another party. If the hotel succeeds in reassigning the canceled services to another party within the agreed time frame, the hotel shall be entitled to charge the full amount.

the guest's invoice amount is reduced by the amount paid by this party for the canceled service.

7. extension of the 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 or force majeure (such as extreme snowfall or flooding), the contract is automatically extended under the previous conditions for the duration of the impossibility of departure.

8 Prices and terms of payment

The prices quoted by the hotel are in Swiss francs (CH F) per room and night and include breakfast as well as statutory VAT. Tourist taxes and other charges per guest and night are not included in the price. The hotel offers daily updated room rates, which are based on the availability of the respective room categories. The guest is obliged to pay the agreed or applicable prices of the hotel for the provision of the room and for all additional services used by him, which also includes orders placed by his companions and visitors. Any increase in statutory charges after conclusion of the contract shall be borne by the guest.

Deposits and advance payments in euros (EUR) are accepted, but will be converted at the current exchange rate if paid in Swiss francs (CH F). Any fees incurred shall be borne by the guest. The prices confirmed by the hotel are valid. The hotel reserves the right to change the prices if the guest subsequently makes changes to the number of rooms booked, the hotel services or the length of stay.

In the event of obvious booking errors due to systemic defects (material error of declaration pursuant to Art. 24, para. 3 OR), the agreed prices are null and void. In such a case, the hotel has the right to cancel the booking without compensation.

The hotel may request a deposit of up to 100% of the expected total amount upon conclusion of the contract, in particular during the high season, for group reservations or events. For bookings based on non-refundable installments, the total amount is due at the time of booking.

Loyalty cards and vouchers cannot be credited.

The deposit is considered a partial payment of the total amount owed as well as any cancellation costs. In addition to the deposit, the hotel may also require a credit card guarantee to secure the reservation. The final payment will be made on site after further consultation with the guest.

The advance payment must be made within 30 days of receipt of the reservation confirmation. This deadline may vary for short-term reservations, and the hotel may require a credit card guarantee for the entire booking amount. If the advance payment or the credit card guarantee is delayed, the hotel may withdraw from the contract (including all service commitments) after a short grace period has expired without a reminder and charge the cancellation costs listed in Section 9 of this AG B.

Unless otherwise agreed, the final invoice must be paid in local currency (CH F) in cash or by accepted debit or credit card at the latest on the day of departure upon check-out. Invoices are payable without deduction within 30 days of invoicing. For each reminder, the

Hotel will charge a fee of CH F 20.00. In the event of late payment, the default interest is 6%. Bank charges and any exchange rate differences shall be borne by the guest. A defense of set-off against claims of the hotel is excluded.

9. changes and cancellations as well as no show of the guest

  1. Changing and canceling the reservation

A change or cancellation shall only be deemed to have been made in due time if the written notification has been received by the hotel and confirmed in writing by the hotel. Certain rates are subject to special conditions that exclude changes and cancelations (e.g. non-refundable rates). In

In such cases, the total booking amount is always taken as the basis.

b) Cancellation of online bookings via third-party providers

Cancellation via an external online booking system is only valid if it has been made via the third-party booking system in accordance with the cancellation conditions and accepted by the hotel.

c) Non-appearance of the guest (no-show)

If the guest does not show up ("no-show"), 100% of the booked services, but at least the price for one overnight stay, will be charged.

d) Cancellation conditions

Summer: Single reservations

Up to 3 days before arrival: free of charge

2 - 0 days before arrival: 75 % of the total amount

Winter: Individual reservations

Up to 7 days before arrival: free of charge

6 - 0 days before arrival: 75 % of the total amount

 

Christmas and New Year's Eve (December 24 to January 2) Up to 60 days before arrival: free of charge

59-30 days before arrival: 50 % of the total amount 29-21 days before arrival: 75 % of the total amount 20-0 days before arrival: 100 % of the total amount

Group reservations

Cancellation conditions for group reservations depend on the size of the group and are determined separately. If no specific conditions are set, the following rules apply:

Up to 60 days before arrival: free of charge

59-30 days before arrival: 50 % of the total amount 29-21 days before arrival: 80 % of the total amount

20-0 days before arrival: 100 % of the total amount if the rooms cannot be resold.

In the event of early departure or late arrival, no compensation can be guaranteed. We therefore strongly recommend that you take out cancellation insurance.

  1. Resignation by Engadinerhof AG

The hotel may withdraw from the contract without consequences up to 60 days before the agreed arrival date of the guest. In addition, the hotel is entitled to terminate the contract at any time for an objectively justified reason with immediate effect by means of a unilateral written declaration. This may occur in the following cases in particular:

  • If an obvious incorrect booking is made due to a system-related error in the booking system, the agreed prices are null and void.
  • If an agreed advance payment or security deposit is not provided within the period set by the hotel.
  • In the event of force majeure or other circumstances for which the hotel is not responsible and which make the fulfillment of the contract or the booked services objectively impossible.
  • If the hotel has to be closed or the opening hours changed for economic or legal reasons.
  • If rooms or spaces are booked or used under false or misleading statements regarding material facts, such as the person of the guest or the purpose of the stay.
  • If the hotel has justified cause to believe that the use of the agreed services could impair the smooth running of the business, the safety of other guests or the reputation of the hotel.
  • In the event of insolvency of the guest (e.g. bankruptcy or unsuccessful planning), cessation of payments or breach of the conditions set out in Section 8.
  • If the purpose or reason for the stay violates legal provisions.

In the event that the hotel withdraws from the contract for the above reasons, the guest shall not be entitled to compensation.

11. prevented 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 of arrival.

12 Duty of care and liability

The guest is obliged to use the hotel room with the greatest possible care. He shall be liable without limitation for all damage and losses caused by him, his companions (including pets), auxiliary persons or event participants, without the hotel having to prove fault on the part of the guest. The hotel's liability for property brought in by guests is governed by the statutory provisions, whereby liability for slight negligence is excluded. For valuables such as jewelry, cash or securities that 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 such items are always kept in the room safe.

The guest's claims for damages shall lapse if the damage is not

is reported to the hotel immediately upon discovery. The hotel accepts no liability for services that it has merely arranged and excludes any liability for theft of or damage to material brought in by third parties. In the event of any damage or dissatisfaction with the hotel services, the guest must inform the hotel immediately, otherwise no claims can be made. However, the hotel is in no way liable in connection with allergies or special dietary requirements.

If such requests are made, it is the guest's responsibility to inform the hotel accordingly and sufficiently. The hotel will take all necessary measures to fulfill these special requests.

Claims against the hotel expire at the latest three months after termination of the contract.

13. further information on hotel services Bringing pets

Dogs may only be brought into the hotel for an additional fee.

Guests bringing a dog with them are obliged to ensure that the animal is properly kept and supervised during their stay or to appoint a suitable third party to look after or supervise the animal at their own expense. Dogsmay only be kept in the areas designated by the hotel for this purpose.

Provisions for families

Parents are liable for their children and have a corresponding duty of supervision.

Notes on accessibility

Not all rooms are barrier-free. The guest must indicate at the time of booking that a barrier-free room is required. The hotel will make every effort to reserve a barrier-free room. However, there is no entitlement to the availability of a barrier-free room.

Transfer Service

If booked in advance, a pick-up service is available for the number of guests specified at the time of booking. The pick-up service is free of charge from Pontresina train station for stays of three nights or more. The rates for other journeys must be requested. The hotel accepts no liability for the luggage of the castes.

Information on parking spaces

The hotel has a limited number of parking spaces. If required, the guest must reserve a parking space in good time so that availability can be guaranteed. Parking spaces behind the house can be rented for a fee of CH F 10 / day, parking spaces in the garage of the parking garage Mulin for a fee of CH F 15. In the parking garage Mulin the guest receives an entry authorization card - the availability of parking spaces cannot be guaranteed, it is not an assigned parking space. During public holidays, the hotel recommends not to take the car out of the garage, as there may not be enough parking spaces available during this time. The parking fees will be charged to the guest's current guest account on a daily basis and must be paid in local currency (CH F) on the day of departure when settling the final bill.

  1. Changes to AG B

Engadinerhof AG reserves the right to change or adapt the General Terms and Conditions at any time. A

The guest has no legal claim to contest such changes.

15. data protection

The data protection provisions are available at www.engadinderhof.com can be viewed.

16. assignment of claims

Engadinerhof AG reserves the right to assign outstanding claims to third parties and to make information available to third parties for credit checks.

17 Place of jurisdiction and applicable law

St. Moritz, Switzerland, is agreed as the place of jurisdiction for all disputes arising from this contract, unless another legally binding place of jurisdiction exists. Swiss law shall apply exclusively to all contracts, reservations, possible additional agreements and general terms and conditions. The place of performance and payment is the registered office of the hotel.

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