1. general
These General Terms and Conditions of Business and Reservation (GTC) govern the legal relationship between the guest/customer (hereinafter referred to as the guest) and the Benedictine Monastery of Engelberg as the operator of the Monastery Guest Facilities Engelberg (hereinafter referred to as the hotel).
The hotel’s terms and conditions valid at the time of conclusion of the contract shall apply exclusively. The guest’s general terms and conditions shall only apply if this has been expressly agreed in writing.
2. conclusion of contract
The hotel’s offers are subject to change and non-binding unless a binding offer is expressly confirmed in the offer. The acceptance period for offers made by the hotel is specified in the respective offer. Thereafter, the hotel is no longer 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 goods and services, is concluded with the written confirmation of the guest or by implication. Written confirmations also include electronically transmitted documents such as e-mails and forms generated online.
3. prices/payment conditions
Unless otherwise agreed, the prices communicated by the hotel are in Swiss francs (CHF) and include statutory VAT. Any increase in statutory charges 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 goods and services. This also applies to orders placed by his companions and visitors.
4. payment modalities
4.1 Down payment / advance payment
The hotel is entitled to demand advance payment in whole or in part to the extent of the reservation, in particular for bookings with a foreign billing address or for high order amounts. The hotel shall specify the payment deadline in the invoice. If the advance payment is not made on time, the hotel may withdraw from the contract (including all service promises) immediately (without reminder) 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 for the guest and/or the persons accompanying the guest. The
The final invoice must be paid in Swiss francs in cash or by accepted debit or credit card at the latest at check-out on the day of departure. Invoices that are sent by agreement must be paid within 10 days of the invoice date. The full billing address must be provided with 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 owed.
4.3 Reminder
No costs and fees will be charged for sending a first reminder. A processing fee of CHF 20.00 and any default interest of 5% p.a. will be charged for each subsequent reminder.
5. extension of the stay
Unless otherwise agreed, the guest is not entitled to an extension of his/her stay.
6. liability
The guest is liable to the hotel for all damage and loss caused by him or accompanying persons. The hotel accepts no liability for theft of or damage to items 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 non-contractually) only in the event of 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. Liability for auxiliary persons of the hotel is also 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 hotel’s written consent. If this is not given, 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 Withdrawal period
If a date for free withdrawal from the contract has been agreed in writing between the hotel and the guest, the guest may withdraw from the contract up to that date without incurring payment or damage compensation claims by the hotel. The guest’s right of withdrawal expires if he does not exercise his right of withdrawal in writing to the hotel by the agreed date.
7.2 Cancellation condition
Individual bookings:
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 of 15 persons or more:
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
Separately agreed written terms and conditions are excluded from the cancellation conditions.
7.3 Loss minimization
In the case of services not used by the Guest, the Hotel shall endeavor to reassign the unused services to another party. If the hotel is able to provide the canceled services to a third party during the agreed period, the guest’s cancellation fee shall be reduced by the amount paid by the third party for the canceled services instead of the guest.
8. right of withdrawal of the hotel
Insofar as the guest’s right to withdraw from the contract free of charge within a certain period has been agreed in writing, the hotel is entitled to withdraw from the contract during this period. Furthermore, the hotel is also entitled to withdraw from the contract extraordinarily and with immediate effect at any time for objectively justified reasons by means of an immediate unilateral and written declaration.
Objectively justified reasons are, for example:
- an agreed advance payment or security deposit is not made within the period set by the hotel;
- force majeure (pursuant to Art. 119 OR) or other circumstances for which the hotel is not responsible make it impossible to fulfill the contract;
- Rooms or rooms that are booked or used with misleading or false information, e.g. regarding the person of the guest or the purpose of use or stay;
- 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;
- the guest has become insolvent (bankruptcy or unsuccessful seizure) or has stopped making payments;
- the purpose or reason for the stay is unlawful.
The above list is not exhaustive. In the event of justified withdrawal by the hotel, the guest is not entitled to compensation.
9. reservation, arrival and departure, stay
9.1 Reservation
A reservation made on the day of arrival is only binding at the time of acceptance by the hotel.
9.2 Arrival and departure
The hotel rooms are ready for occupancy from 3 p.m. on the day of arrival. The guest is not entitled to earlier occupancy. The rooms must be vacated by 11.00 a.m. on the day of departure. 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, and 100% from 6.00 p.m. onwards. If the guest departs early, the hotel is entitled to charge the booked services in full.
9.3 Stay
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 additions to the contract
Amendments and/or supplements to the contract, additional agreements or these GTCs must be made in writing. This also applies to the waiver of the written form requirement.
10.2 Severability clause
Should one or more provisions of these GTC be or become wholly or partially invalid, ineffective or otherwise unenforceable for any reason, this shall not affect the validity of the remaining provisions of these GTC. The parties undertake to work together in good faith to replace such a provision with another provision that comes as close as possible to the intended economic purpose.
11 Applicable law
The contracts concluded are subject to Swiss law.
12. place of performance and jurisdiction
The place of performance and jurisdiction for all obligations arising from concluded contracts is Engelberg. The exclusive place of jurisdiction is Engelberg. In the case of contracting parties who have their domicile or registered office abroad, Engelberg shall be deemed to be the special domicile within the meaning of Art. 50 para. 2 SchKG.
Engelberg, March 2021