General terms and conditions of business

1. Basics

These General Terms and Conditions (GTC) govern the legal relationship between the guest / customer, hereinafter referred to as Guest, and Kreuz Kappel AG, hereinafter referred to as Hotel. For the sake of simplicity, these GTCs always refer to a contract, regardless of the service. The hotel's terms and conditions of business in effect at the time of conclusion of the contract apply exclusively. General terms and conditions of the guest shall only apply if they have been expressly agreed and accepted in writing prior to signing the contract. Should individual provisions of these GTC be invalid or void, the validity of the contract and the remaining GTC provisions shall not be affected. In all other respects, the statutory provisions shall apply.

2. Subject matter of the contract / Scope of application

The contract for the rental of rooms, seminar rooms, areas as well as the purchase of other goods and services is concluded with the written confirmation of the guest or implied. A reservation made on the day of arrival itself is binding at the time 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 or re-letting of the rooms made available and their use for purposes other than lodging shall require the prior written consent of the Hotel.

3. Prices / Payment obligation

The prices communicated by the hotel are in Swiss Francs (CHF) and include the legal value added tax. The Guest is obliged to pay the agreed or applicable prices of the Hotel for the provision of the room and the other services used by him/her. 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 indicative and will be charged at the respective daily exchange rate. Prices are valid only if confirmed by the Hotel. Prices may be changed by the Hotel if the Guest subsequently requests changes in the number of rooms booked, the services provided by the Hotel or the length of the Guests' stay. Depending on the agreement, the hotel may require a down payment of up to 100% of the total booking amount. The down payment is to be understood as partial payment on the agreed remuneration. The hotel may also require a credit card guarantee instead of a down payment. An advance payment is to be transferred within 30 days of receipt of the reservation confirmation, at the latest 8 weeks before the day of arrival. If the reservation is made at shorter notice, the hotel shall require a credit card guarantee for the entire amount of the reservation.
If the advance payment or the credit card guarantee is not made in due time, the hotel may rescind the contract (including all promises of performance) immediately (without reminder) and demand the cancellation costs listed under Item 9 of these GTC. The Hotel is entitled to invoice or interim invoice its services to the Guest at any time.
The final invoice shall include the agreed price plus any additional amounts that may have arisen due to additional services provided by the Hotel to the Guest and/or persons accompanying him/her. Unless otherwise agreed, the final invoice is payable in Swiss francs in cash or by accepted credit card at the latest on the checkout on the day of departure. The Hotel may charge a reminder fee of CHF 10 for each reminder. Any objection to set-off against claims of the hotel is excluded.

4. Impossible arrival

If the guest is unable to arrive or cannot arrive on time due to force majeure (flooding, avalanche, earthquake etc.), the guest is not obliged to pay the agreed fee for the days missed. Unless the guest has booked a non cancelable rate. The guest must prove the impossibility of arrival. However, the obligation to pay for the booked stay shall be revived from the moment the guest is able to arrive.

5. Extension of the stay

Unless otherwise agreed, the guest has no right to have his stay extended. If the guest cannot leave the hotel on the day of departure, a new contract must be concluded according to the hotel's conditions.

6. Actions, use and liability

Hotel

Should disruptions or defects occur in the services of the Hotel, the Hotel shall endeavour to remedy such upon immediate notification of the Guest. If the Guest fails to notify the Hotel of a defect in a timely manner, the Hotel shall not be entitled to a reduction of the contractually agreed fee. The Hotel is liable for the Guests' belongings brought in by them in accordance with the statutory provisions.
Should disruptions or defects occur in the Hotel's services, the Hotel shall endeavor to remedy such upon immediate notification by the Guest. If the Guest fails to notify the Hotel of a defect in a timely manner, the Hotel shall not be entitled to a reduction of the contractually agreed remuneration. The Hotel is liable for the Guests' belongings brought in by them in accordance with the statutory provisions.

Guest

The Guest is liable to the Hotel for all damage and loss caused by him/her, accompanying persons, auxiliary persons or event participants, without the Hotel having to prove fault on the part of the Guest. The Guest is responsible for the correct use and proper return of all technical aids/equipment made available to him/her by the Hotel or procured on his/her behalf via third parties, and is liable for damage and loss. The Guest is liable to third parties for services and expenses incurred by the Hotel.

Third Party

If a third party makes the booking on behalf of the Guest, he shall be liable to the Hotel as the Ordering Party together with the Guest as joint and several debtor for all obligations arising from the contract. Irrespective of this, each Ordering Party is obliged to pass on to the Guest all information relevant to the booking, in particular these General Terms and Conditions.

7. Further provisions

If the Guest requests services that are not provided by the Hotel itself, the Hotel acts merely as an agent. The statutory limitation periods apply. Insofar as these can be changed, an absolute limitation period of 6 months after departure shall apply to claims for damages by the Guest. Advertisements in media (such as newspapers, radio, television, Internet) with reference to events at the Hotel, with or without use of the unchanged company logo, require the prior written consent of the Hotel. Comments on evaluation platforms (e.g. Tripadvisor) about the hotel's services that are damaging to the hotel's reputation or defamatory, which are demonstrably not true and can be refuted by the hotel, will be reported to the relevant authorities. The hotel reserves the right to claim damages and satisfaction.

Last update: July 2020

Contact

Kreuz Kappel
Landgasthof und Hotel
Mittelgäustrasse 20
4614 Kappel bei Olten
+41 62 216 03 16
hotel@kreuz-kappel.ch

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