TERMS AND CONDITIONS
General terms and conditions for the hotel accommodation contract at the Postresidenz am See
I. Scope
The following general terms and conditions apply to contracts for the rental of hotel rooms/suites, for accommodation and meetings as well as all other services and deliveries provided by the Postresidenz am See (hereinafter also referred to as hotel) for hotel guests (hereinafter referred to as guest and customer). This is regardless of whether it is a direct conclusion of a contract at reception, a telephone order or a direct online booking, an online booking via a brokerage platform or an online order in the online shop. Only the hotel's terms and conditions valid at the time of conclusion of the contract apply. The guest's general terms and conditions apply only if this has been expressly agreed in writing before signing the contract. Differing regulations are only valid if they have been agreed individually and in writing between the hotel and the guest.
II. Conclusion of contract
1. The contract is concluded when the hotel accepts the guest's request.
2. Contracting parties are the hotel and the guest. If a third party has ordered for the guest, he and the guest are jointly and severally liable to the hotel for all obligations arising from the hotel accommodation contract.
3. All claims against the hotel generally expire within 14 days of departure, unless mandatory legal provisions provide for longer periods. The limitations do not apply to claims based on an intentional or grossly negligent breach of duty by the hotel.
4. The sub-letting and sub-letting of the rooms and suites provided and their use for purposes other than accommodation requires the prior written consent of the hotel.
5. The hotel has its own underground parking spaces and outdoor parking spaces, which can be made available to guests for a fee per night. The number of parking spaces is limited and is rented out subject to availability.
6. The hotel has a seminar room (for up to 15 people), which can be rented on request for a fee per day. Any gastronomic services/other services are not included in the price for the seminar room and will be charged separately. The hotel reserves the right to pre-authorize the guest's credit card.
III. Services
1. The hotel is obliged to keep the rooms booked by the guest available in accordance with these general terms and conditions and to provide the agreed services.
2. The guest is obliged to pay the hotel prices applicable or agreed upon for the provision of rooms and other services used by him. This also applies to hotel services and expenses ordered by the guest from third parties.
3. The agreed prices include the respective statutory value added tax. If the period between conclusion of the contract and performance of the contract exceeds four months and if the price generally charged by the hotel for such services increases, the latter may increase the contractually agreed price accordingly, but by a maximum of 5%.
4. The prices may also be changed by the hotel if the guest subsequently requests changes in the number of booked rooms/suites, the hotel's services or the length of stay of the guests and the hotel agrees to this.
5. The hotel is entitled to demand an advance payment of the full booking price (or part of it) at any time (in particular for bookings over Christmas/New Year and sports holidays). Hotel invoices without a due date are payable without deduction within 10 days of receipt of the invoice. The hotel is entitled to make accrued claims due at any time and to demand immediate payment. The hotel is also entitled to charge the guest's credit card on file. In the event of late payment, the hotel is entitled to charge the applicable statutory default interest of currently 8% or, in the case of legal transactions involving a consumer, of 5% above the base interest rate. The hotel reserves the right to prove higher damage. The hotel is also entitled to make claims accrued during the guest's stay at the hotel at any time by issuing an interim invoice and to demand immediate payment. The hotel is also entitled to charge the guest's credit card on file.
6. The hotel is entitled to demand an appropriate advance payment or security deposit upon conclusion of the contract or thereafter, taking into account the legal provisions for package holidays. The amount of the advance payment and the payment dates can be agreed in writing in the contract.
7. The guest can only offset or reduce an undisputed or legally binding claim against a claim made by the hotel.
8. In summer, the wellness area may be serviced. Should the wellness area not be available to guests, guests will receive a CHF 20 voucher per person and night, redeemable in the restaurant.
IV. Cancellation conditions
1. Cancellations are handled in accordance with Art. 160 of the Swiss Code of Obligations. Cancellations must generally be made in writing.
2. In the summer season: With a regular, refundable booking, reservations can be cancelled or amended free of charge up to 7 days before arrival. A later cancellation, late arrival/ early departure and no-shows will be charged at 100% of the total booked price. A booking cannot be changed less than 7 days before arrival. In the event of cancellation, deposits made before the cancellation period expires will be refunded in full. Non-refundable bookings cannot be cancelled at any time and are non-refundable. This also includes deposits made and advance payments.
3. In the winter season: With a regular, refundable booking, reservations can be cancelled or amended free of charge up to 14 days before arrival. After this period, 100% of your reservation will be charged and can neither be cancelled nor changed. This also applies to late arrivals and early departures as well as no-shows. In the event of cancellation, deposits made before the cancellation period expires will be refunded in full. Non-refundable bookings cannot be cancelled at any time and are non-refundable. This also includes deposits made and advance payments.
4. Christmas/New Year: If you make a refundable booking for the period during Christmas/New Year, you can cancel your reservation free of charge up to 90 days before arrival. After this period, the reservation is subject to a fee and is immediately charged at 100%. This also applies to late arrivals and early departures as well as no-shows. In the event of cancellation, deposits made before the cancellation period expires will be refunded in full. Non-refundable bookings cannot be cancelled at any time and are non-refundable. This also includes deposits made and advance payments.
5. Reservations booked using a voucher (e.g. package offers, promotional or deal vouchers) are binding and cannot be cancelled or postponed. A refund, credit or change of date is excluded — regardless of the reason for the no-show. We ask for your understanding that in the event of a no-show or cancellation at short notice, the voucher is considered redeemed. The booking period and redemption conditions (e.g. validity, exclusion dates, availability) are part of the voucher contract and are binding.
V. Withdrawal by the hotel
1. If the guest's right of cancellation free of charge has been agreed in writing within a specific period of time, the hotel is in turn entitled to withdraw from the contract during this period if there are inquiries from other guests regarding the contractually booked rooms and the guest does not waive his right to withdraw when asked by the hotel. If the guest waives his right to cancel, the full booking price must be paid immediately.
2. The hotel is entitled to cancel bookings at any time without giving reasons and thus withdraw from the contract.
3. If an agreed required advance payment is not made, the hotel is also entitled to withdraw from the contract.
4. Furthermore, the hotel is entitled to extraordinarily withdraw from the contract for objectively justified reasons, for example if:
— Force majeure or other circumstances for which the hotel is not responsible the fulfilment of
make contract impossible;
— rooms are booked with misleading or false information of material facts, e.g. regarding the person of the guest or the purpose;
— the hotel has reason to believe that the use of the hotel services may jeopardize the smooth operation, safety or public image of the hotel;
— there is an unauthorised sub-letting or sub-letting;
— the hotel becomes aware of circumstances that the guest's financial circumstances have significantly deteriorated following the conclusion of the contract, in particular if the guest fails to settle any claims due by the hotel or does not provide sufficient security and therefore appears to be jeopardized by the hotel's payment claims;
— insolvency proceedings are opened against the guest's assets or the opening of them is refused due to lack of property or other reasons.
4. In the event of a justified cancellation by the hotel, the guest is not entitled to compensation.
VI. Arrival and departure
The guest is not entitled to the provision of certain rooms/suites. Booked rooms/suites are available to guests from 15:00 on the agreed day of arrival. The guest is not entitled to earlier provision. On the agreed day of departure, the rooms/suites must be vacated and made available to the hotel no later than 11.00 a.m. The hotel can then charge 50% of the full accommodation price (list price) for their use across the contract until 18:00 due to the late vacancy of the room/suites and 100% from 18:00 onwards. This does not justify the guest's contractual claims. He is free to prove that the hotel has no or significantly lower claim to a usage fee. Check-in is possible until 22:00. The reception is closed from 10 pm to 8 am and it is no longer possible to check in after 10 pm on the day of arrival.
VII. Liability
To the extent permitted by law, Postresidenz am See excludes any liability for damage and subsequent damage (e.g. as a result of an accident and/or injuries suffered for the products sold by us) vis-à-vis the guest. Breach of contract, impossibility of performance, fault in the conclusion of the contract or in the event of tort shall in no case give rise to claims for damages or a right of withdrawal from the contract. The hotel assumes no liability for luggage/clothing/etc. that has been dropped off for luggage storage. The risk of theft and damage lies only with the luggage owner.
VIII. Ski and snowboard boots
It is strictly forbidden to wear ski and snowboard boots in suites and rooms, in the lobby and restaurant. Ski and snowboard boots can be stored in the lockable ski lockers provided for this purpose in the ski room. With ski and snowboard boots, the back exit, which is easily accessible with the rear lift, must be used.
VIIII. kitchen use
The use of the oven or stove in the suites kitchens and the provision of kitchen utensils are at an additional cost and are not included in the overnight rate.
X. Smoking
Smoking is strictly prohibited in all rooms and suites at our hotel. Should a guest still smoke in a room or suite, a special cleaning fee of CHF 1000 (one thousand Swiss francs) will be charged. This fee covers the costs of removing smoke odors and residues to return the room to perfect condition for future guests.
XI. Security deposit
Full payment of the stay and a security deposit of CHF 300 in the form of a credit card authorization are required upon check-in.
For group bookings made by foreign companies, organizations, government representatives or similar institutions, the following rules apply when booking three (3) rooms or suites:
- A deposit of CHF 5,000 will be blocked on the credit card upon check-in.
- The deposit is simply blocked on the credit card and is not charged.
- This deposit is used to protect against possible damage or unpaid consumption.
- After the stay, the amount will be released in full, provided that there are no damages or outstanding invoices.
XI. Final provisions
Should individual points of these terms and conditions be ineffective, this does not affect the effectiveness of the remaining provisions. Postresidenz am See reserves the right to change the terms and conditions at any time. Swiss law applies to this contract. The exclusive place of jurisdiction is Arosa, Switzerland.
As of November 2024.
All previous documents hereby lose their validity.
