General Terms and Conditions for Stoffel Hotel
These general terms and conditions (GTC) regulate the legal relationship between the customer, hereafter referred to as the guest, and the Stoffel Hotel as the operator of the Stoffel Hotel in Arosa, hereafter referred to as the hotel. For reasons of simplification, everything will be addressed in terms of a contract in these GTC, regardless of the services addressed. The contract partners are the guest and the hotel. Should individual clauses in these GTC be ineffective or invalid, the validity of the contract and the remaining GTC clauses shall not be impacted as a result.
Arosa (Canton of Grisons) is the place of jurisdiction for any disputes that may arise as a result of this contract, as long as no other legally binding place of jurisdiction exists. Only Swiss law applies to all contractual and reservation agreements, all other additional agreements and the general conditions. The place of fulfilment and payment is Arosa.
The contract regarding the rental of rooms and other spaces inside the hotel as well as spaces in the exterior area belonging to the hotel grounds and the purchase of goods and services becomes valid upon written confirmation of the guest. Electronically transferred documents such as emails and forms generated online, count as written confirmation.
A reservation made on the day of arrival is considered binding from the moment it is accepted by the hotel.
Changes to the contract are binding for the hotel only after written confirmation. One sided changes or supplements to the contract made by the guest are not effective.
The subletting and re-letting of rooms rented and their use for purposes other than accommodation require prior written consent from the hotel.
The scope of services of the contract is determined according to the individual reservation of the guest that has been made and confirmed.
The guest has, subject to all other contractual agreements, no claim to a particular room.
Should no room be available in the hotel despite a confirmed reservation, the hotel must inform the guest in a timely manner and offer an equivalent substitute in a nearby hotel of a comparable or higher category. Any additional expenditure for the substitute accommodation is borne by the hotel. Should the guest reject the substitute room, the hotel must reimburse all payments (such as deposits) the guest has already made. The guest has no right to further claims.
Subject to other agreements, the guest has the right to use the hired rooms starting at 3.00pm on the day of arrival and until 11.00am on the day of departure. In the case of arrival after 6.00 pm, the hotel must be notified on the day of arrival.
Reservation dates are binding for both parties. Following idle expiry of the reservation period, the hotel may use the reserved rooms without giving further notice.
The prices communicated by the hotel are in Swiss francs (CHF) and include the statutory value added tax and other taxes.
Any increase in statutory fees after the contract has been concluded must be paid by the guest.
Price quotations provided in foreign currencies are only a guideline and are calculated using the relevant currency rate. In all cases, the prices that are valid are those confirmed by the hotel.
The hotel may change the prices if the guest subsequently requests changes in the number of rooms booked, the services provided by the hotel or the length of stay of the guests.
The hotel may charge a deposit of the booking value. The deposit is understood as a partial payment towards the fees agreed upon. Should the deposit not be paid on time, the hotel may immediately (without warning) rescind the contract (including all services promised) and lay claim to cancellation fees.
The final invoice encompasses the stipulated price plus all surplus amounts that have been occasioned through additional services provided by the hotel for the guest and/or any persons accompanying the guest. The final invoice is, subject to other agreements, to be paid in Swiss francs in cash or per accepted debit card or credit card at the time of checkout on the day of departure at the very latest.
The hotel has the right to rescind the contract at any time for objectively justifiable reasons through an immediate, one-sided written statement in exceptional cases and with immediate effect. The following are examples of objectively justifiable reasons:
• An advance payment agreed upon or security payment is not provided during the time frame specified by the hotel.
• An act of nature beyond control or other circumstances for which the hotel cannot be held accountable and which objectively make fulfilment of the contract impossible.
• Rooms or spaces that are booked or used with misleading information, such as the person of the guest or the purpose of use or stay.
• The hotel has justifiable cause to suspect that the utilisation of the agreed upon services could damage smooth business operation, the safety of other hotel guests or the reputation of the hotel.
• The guest has become insolvent (bankruptcy or futile seizure) or has stopped payment.
• The purpose or occasion of the stay is illegal. Should the hotel rescind the contract for the reasons mentioned, the guest has no claim to indemnification, and compensation for the services booked is inherently due.
The cancellation of a reservation must be executed in writing (by letter, fax or email). The hotel has the right to settle the services booked completely or partially if the rooms cannot be rented out again. The specific percentages are communicated before the conclusion of the booking and are included in the reservation confirmation.
It is recommended that the guest take out a travel cancellation insurance. The hotel offers such insurance through Allianz Global Assistance. In order to be valid, the insurance must be taken out at the time of the room reservation.
The hotel strives to provide the unused services to another party in the case of a cancellation. To the extent that the hotel can provide the cancelled services to a third party in the stipulated time frame, the cancellation fee to be paid by the guest is reduced by the amount that this third party pays for the services cancelled.
Should the guest be unable to arrive on time or at all due to an act of nature beyond control (flood, avalanche, blocked roads, earthquakes, etc.), the guest is not obligated to pay the fee agreed upon for the omitted days. The guest must prove that arrival was impossible. However, the obligation to pay for the booked stay becomes effective once more as of the moment arrival is possible.
Should the guest depart prematurely, the hotel has the right to invoice 100% of the services booked. The hotel strives to provide the unused services to another party in the case of a premature departure. Should the hotel succeed in providing the unused services to a third party within the stipulated time period, the amount the guest is invoiced is reduced by the amount that this third party pays for the cancelled services.
The hotel room is reserved exclusively for the registered guest or the registered guests. Ceding the room to a third party or use of the room by an additional person requires written permission from the hotel.
By concluding a contract, the guest acquires for all booked persons the right to the accepted usage of the rented rooms and facilities of the hotel that can normally be used by guests without special conditions and customary services.
The room key provided by the hotel remains the property of the hotel and allows entrance to the hotel 24 hours a day. Loss of the key must be reported to reception immediately. Loss of the key will result in the guest being invoiced 20 CHF.
The hotel provides the guest with complimentary access to the Internet (WLAN). The guest bears responsibility for the use of login data. The guest shall be held responsible for misuse and illegal behaviour when using the Internet.
Smoking is forbidden in the entire hotel.
Should the guest be unable to leave the hotel on the day of departure due to unforeseeable, exceptional circumstances (such as extreme snowfall or a flood) or if all means of departure have been blocked or made unusable, the contract is automatically prolonged under the previous conditions as long as departure remains impossible.
Personal articles that have been brought along are left in the rooms or on the premises of the hotel at the guest’s own peril. The hotel assumes no obligations to guard or store them. The hotel assumes no liability for the loss or damage of articles that have been brought to the hotel, except in the case of gross negligence or premeditation on the part of the hotel. It is the responsibility of the guest to insure articles that have been brought to the hotel. If objects of value such as jewellery, cash or security papers are not given to the hotel to be stored, the liability of the hotel is waived within the limits of the law. The hotel recommends storing money and valuables in the safe at the reception as a basic principle.
The hotel waives liability to the guest within the limits of the law for minor and medium negligence and is liable only for damages caused intentionally or through gross negligence.
Should there be disturbances or deficiencies in the services of the hotel, the hotel will make every effort to redress the situation if informed immediately by the guest. Should the guest neglect to inform the hotel about a deficiency, the guest has no claim to a reduction of the contractually stipulated fee.
Under no legal title is the hotel responsible for services that it has merely acquired for the guest.
The guest is liable to the hotel for all damages and losses caused by the guest and accompanying or auxiliary persons, and the hotel does not need to prove culpability to the guest.
The guest is liable for occasioned services and expenses on the part of the hotel towards third parties. If a third party performs the booking for the guest, the third party and the guest are liable as joint parties to the hotel as customer for all obligations in the contract. Independent of that, every customer is obligated to pass on all information relevant to booking to the guest, especially these general terms and conditions.
Should the guest become ill during the stay in the hotel, the hotel will notify a physician upon request of the guest. Should the guest no longer be capable of acting and the hotel is aware of the illness, the hotel will perform the notification. Any medical treatment will be provided at the expense of the guest.
Animals may be brought into the hotel for a special fee and only with previous consent of the hotel. The guest who brings the animal into the hotel is obligated to keep the animal orderly during the stay and to supervise it or use a qualified third party to keep and supervise the animal at the expense of the guest. Costs for removing damage caused by the animal must be paid by the guest.
Lost property will be forwarded in the case of unambiguous ownership and if the physical or business address is known. The guest bears the costs and risk related to the forwarding.
Should the guest require services that cannot be provided by the hotel itself, the hotel acts only as an intermediary.
The legal periods of limitation are effective. To the effect that they can be changed, an absolute limitation of 6 months after departure is effective for claims for compensation on the part of the guest.
Advertisements in the media (such as newspapers, the radio, television or the Internet) that reference events in the hotel, with or without usage of the unchanged company logo, require previous written consent from the hotel.