General terms and conditions of business and reservation
These General Terms and Conditions of Business and Reservation (GTC) govern the legal relationship between the Guest/customer (hereinafter referred to as Guest) and the Benedictine Monastery of Engelberg as operator of the Kloster Gastbetriebe Engelberg (hereinafter referred to as Hotel).
The terms and conditions of the Hotel valid at the time of the conclusion of the contract shall apply exclusively. General terms and conditions of the Guest shall only apply if expressly agreed in writing.
2 Conclusion of contract
The Hotel’s offers are subject to change without notice and are non-binding unless a binding obligation is expressly confirmed in the offer. The acceptance period for offers made by the Hotel shall be specified in the respective offer. Thereafter, the Hotel shall no longer be bound by the offer. The contract for the provision of rooms, seminar rooms and other rooms within the Hotel as well as outdoor areas belonging to the Hotel’s property, as well as the purchase of other supplies and services, shall be concluded upon the Guest’s written confirmation or by implication. Electronically transmitted documents such as e-mails and forms generated online shall also be deemed to be written confirmations.
3. Prices/payment conditions
Unless otherwise agreed, the prices communicated by the Hotel are in Swiss francs (CHF) and include the statutory value-added tax. Any increase in statutory taxes after conclusion of the contract shall be borne by the Guest. Prices are subject to change at any time. The Guest is obliged to pay the agreed or applicable prices of the Hotel for the provision of rooms, seminar rooms, other rooms, outdoor areas and the purchase of other supplies and services. This also applies to orders from his companions and visitors.
4.1 Deposit / advance payment
The Hotel shall be entitled to demand advance payment in whole or in part to the extent of the reservation, in particular in the case of bookings with a foreign billing address or in the case of a high order total. The Hotel shall specify the payment deadline in the invoice. If the advance payment is not made on time, the Hotel may immediately (without reminder) withdraw from the contract (including all promises of performance) and demand cancellation costs.
4.2 Final invoice
The final invoice shall include the agreed price plus any additional amounts incurred as a result of additional services provided by the Hotel to the Guest and/or persons accompanying the Guest. The
final invoice shall be paid in Swiss francs in cash or by accepted debit or credit card at the latest on the occasion of check-out on the day of departure. Invoices sent by agreement must be paid within 10 days of the invoice date. The complete invoice address is to be given at the time of the definitive reservation. The Guest is liable for any unpaid invoices of the individual participants. The invoiced amount must be paid without deduction. No rebates or discounts will be granted on the amount due.
No costs or fees will be charged for sending a first reminder. Each further reminder will be charged with a handling fee of CHF 20.00 and possible interest on arrears of 5% p.a..
5 Extension of the stay
Unless otherwise agreed, the Guest has no right to have his stay extended.
The Guest is liable to the Hotel for all damages and losses caused by him or accompanying persons. The Hotel disclaims all liability for theft and damage to property brought in by the Guest or accompanying persons. This also applies to vehicles parked in the Hotel parking lots. The Hotel is liable (contractually and/or extra-contractually) only for intentional or grossly negligent damage and only for direct damage. Any further liability is excluded in accordance with Art. 100 of the Swiss Code of Obligations. Likewise, liability for auxiliary persons of the Hotel is completely excluded in accordance with Art. 101 Para. 2 of the Swiss Code of Obligations.
7. Withdrawal from the Contract / Cancellation by the Guest
Withdrawal/cancellation by the Guest from the contract concluded with the Hotel requires the written consent of the Hotel. If this does not occur, the agreed price from the contract must be paid even if the Guest does not make use of contractual services. In the event of a no-show, at least 100% of the booked services will be charged.
7.1 Cancellation period
If the Hotel and the Guest have agreed in writing on a date for withdrawal from the contract free of charge, the Guest may withdraw from the contract up to that date without triggering payment or damage compensation claims by the Hotel. The Guest’s right to withdraw from the contract shall expire if he does not exercise his right to withdraw from the contract in writing to the Hotel by the agreed date.
7.2 Cancellation conditions
2 days before arrival free of charge.
0-1 days before arrival 100%. In these cases, up to a maximum of three full days will be charged.
Group bookings from 15 persons:
60 days before arrival: 40% of the total amount booked
30 days before arrival: 65% of the total amount booked
29-15 days before arrival: 85% of the total amount booked
14-0 days before arrival: 100% of the total amount booked
Excluded from the cancellation conditions are separately agreed in writing.
7.3 Mitigation of damages
In the case of services not used by the Guest, the Hotel will endeavor to make other arrangements for the services not used. If the Hotel is able to provide the cancelled services to third parties elsewhere in the agreed period, the Guest’s cancellation fee shall be reduced by the amount paid by the third parties for the cancelled services in place of the Guest.
8. right of withdrawal of the Hotel
If the Guest’s right to withdraw from the contract free of charge within a certain period of time has been agreed upon in writing, the Hotel is entitled for its part to withdraw from the contract within this period of time. Furthermore, the Hotel is also entitled to withdraw from the contract at any time for factually justified reasons by means of an immediate unilateral and written declaration, extraordinarily and with immediate effect.
Objectively justified reasons are for example:
The above list is not exhaustive. In case of justified withdrawal of the Hotel, the Guest has no right to compensation.
9 Reservation, arrival and departure, stay
A reservation made on the day of arrival is binding only at the time of acceptance by the Hotel.
9.2 Arrival and departure
The Hotel rooms are ready for occupancy from 3:00 p.m. on the day of arrival. The Guest has no right to earlier occupancy. The rooms must be vacated by 11:00 a.m. on the day of departure. On the agreed departure day, 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% of the full accommodation price (list price) after 6:00 p.m. for its use in violation of the contract. If the Guest departs early, the Hotel is entitled to charge the full amount of the booked services.
The Hotel rooms and seminar rooms are available exclusively to the registered Guest without the express consent of the Hotel. The transfer or use of a room to/by a third party requires the written consent of the Hotel.
10. final provisions
10.1 Amendments and/or supplements to the contract
Amendments and/or supplements to the contract, supplementary agreements or these GTC’s are subject to the written form. This also applies to the waiver of the written form requirement.
10.2 Severability clause
Should one or more provisions of these GTC’s be or become wholly or partially invalid, ineffective or otherwise unenforceable for any reason, the validity of the remainder of these GTC’s shall not be affected thereby. The parties undertake to cooperate in good faith in order to replace such a provision by another provision which comes as close as possible to the economic purpose intended thereby.
11. Applicable Law
The concluded contracts are subject to Swiss law.
12. Place of Performance and Jurisdiction
The place of performance and jurisdiction for all obligations arising from contracts concluded shall be Engelberg. The exclusive place of jurisdiction is Engelberg. In the case of contracting parties having their domicile or place of business abroad, Engelberg shall be deemed to be the special domicile within the meaning of Art. 50 para. 2 SchKG.
Engelberg, March 2021