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CONTACT ADDRESS
Hotel Kristall-Saphir AG
Talstrasse 43
3905 Saas-Almagell
Switzerland

COMMERCIAL REGISTER ENTRY
Registered company name: Hotel Kristall-Saphir AG

Number: CHE-113.287.863

  1. Fundamentals

These General Terms and Conditions (GTC) govern the legal relationship between the guest / customer, hereinafter referred to as the guest, and Hotel Kristall-Saphir AG as the operator of Hotel Kristall-Saphir, hereinafter referred to as the hotel. For the sake of simplicity, the term “contract” is always used in these GTC, regardless of the service in question.

The terms and conditions of the hotel 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 before the contract is signed.

Should individual provisions of these GTC be ineffective or invalid, this shall not affect the validity of the contract and the remaining GTC provisions. In all other respects, the statutory provisions apply.

  1. Place of jurisdiction / Applicable law

The place of jurisdiction for any disputes arising from this contract is Saas-Almagell, Canton Valais, unless another legally binding place of jurisdiction exists.

Swiss law shall apply exclusively to all contracts, reservations, any additional agreements and general terms and conditions. The place of performance and payment is the hotel’s registered office.

  1. Definitions

Groups: Groups within the meaning of these GTC are travel groups with a minimum number of 10 booked persons.

Written confirmations: Fax and e-mail messages are also deemed to be written confirmations.

The contractual partners are the guest and the hotel.

  1. Subject matter of the contract / Scope of application

The contract for the rental of rooms, seminar rooms, areas and the purchase of other goods and services is concluded with the written confirmation of the guest or by implication. A reservation made on the day of arrival itself is binding at the moment of acceptance by the hotel.

Amendments to the contract shall only become binding for the hotel upon (written) reconfirmation. Unilateral amendments or additions to the contract by the guest are invalid. The subletting and re-letting of the rooms provided and their use for purposes other than accommodation require the prior written consent of the hotel.

  1. Scope of services

The scope of the contract is determined by the individual reservation made and confirmed by the guest. Subject to other contractual agreements, the guest is not entitled to a specific room.

If, despite a confirmed reservation, no rooms are available in the hotel, the hotel must inform the guest in good time and offer an equivalent replacement in a nearby hotel of a comparable or higher category. Any additional expenses for alternative accommodation shall be borne by the hotel. If the guest refuses the replacement room, the hotel must immediately refund any services already provided by the guest (e.g. down payments). The guest shall have no further claims.

  1. Useful life

Unless otherwise agreed, the guest has the right to use the rented rooms from 2 p.m. on the agreed day of arrival until 10.30 a.m. on the day of departure. In the event of arrival after 10.00 p.m., the hotel must be informed of the later arrival by the guest by telephone or in writing by 10.00 p.m. on the day of arrival at the latest, otherwise the hotel can freely dispose of the rooms. Room occupancy until 05.00 a.m. counts as a full overnight stay.

If the guest vacates the room late by 1.5 hours or more, the hotel may charge 50% of the full accommodation price (list price) for use in excess of the contractual period. Contractual claims of the guest for the proper continued use of the areas are not justified by this; the right to claim damages remains reserved. If the guest leaves the room late, the hotel reserves the right to remove the guest’s belongings from the room and store them in a suitable place in the hotel for a fee.

  1. Prices / Payment obligation

The prices communicated by the hotel are in Swiss francs (CHF) and include statutory VAT and other taxes (but not visitor’s tax). The guest is obliged to pay the agreed or applicable prices of the hotel for the room rental and the other services used by him. This also applies to orders from his companions and visitors. Any increase in statutory charges after conclusion of the contract shall be borne by the guest. Prices in foreign currencies are approximate and will be charged at the current exchange rate. The prices confirmed by the hotel are valid.

Prices may be changed by the hotel if the guest subsequently requests changes to the number of rooms booked, the hotel’s services or the length of the guest’s stay. Depending on the agreement or from a reservation amount of CHF 5000, the hotel may require a deposit of 50% of the total booking amount. The down payment is to be understood as a partial payment of the agreed fee. The hotel may also require a credit card guarantee instead of a deposit. An advance payment must be transferred within 14 days of receipt of the reservation confirmation. If the reservation is made at short notice, the hotel requires a credit card guarantee for the entire booking amount.

If the deposit or credit card guarantee is not paid on time, the hotel may withdraw from the contract (including all service promises) immediately (without reminder) and demand the cancellation costs listed in Section 10 of these GTC. The hotel has the right 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 incurred as a result of additional services provided by the hotel for the guest and/or the persons accompanying the guest. Unless otherwise agreed, the final invoice must be paid in Swiss francs in cash or by accepted credit or debit card at the latest at check-out on the day of departure. For each reminder, the hotel may charge a reminder fee of Fr. 20.00 rise. The defense of set-off against claims of the hotel is excluded.

  1. Cancellation by the hotel

Up to and including 10 days before the agreed date of arrival of the guest, the hotel may withdraw from the contract without incurring any costs. Furthermore, the hotel is 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 include, for example:

  • an agreed advance payment or security deposit is not made within the period set by the hotel;
  • force majeure or other circumstances for which the hotel is not responsible and which make the fulfillment of the contract objectively impossible;
  • 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 reasonable grounds to believe that the use of the agreed services may impair the smooth running of the business, the safety of other hotel guests or the reputation of the hotel;
  • the guest has become insolvent (bankruptcy or unsuccessful seizure) or has stopped making payments;
  • the purpose or reason for the stay is unlawful.

If the hotel cancels the contract for the aforementioned reasons, the guest shall not be entitled to compensation and the compensation for the booked services shall remain due.

  1. Cancellation of the reservation / Cancellation fees

    1. Cancellation

Cancellation of the reservation requires the written consent of the hotel. If this is not done, the agreed price must be paid even if the guest does not make use of contractual services. If the guest does not show up (“no-show”), at least 100% of the booked services will be charged.

Decisive for the calculation of the cancellation fee is the arrival of the guest’s written cancellation at the hotel. This applies to letters as well as fax and e-mail messages.

If the guest withdraws from the contract without an authorized cancellation or if certain reserved services are changed or cancelled, the hotel may charge the following cancellation fees.

  1. Cancellation fees:


Individual reservations

  • Up to and including 14 days before the agreed arrival date, the guest may withdraw from the contract without incurring any costs.
  • written cancellation of the stay 13 to 3 days before the confirmed arrival date:

50% according to reservation confirmation.

  • written cancellation of the stay 2 to 0 days before the confirmed arrival date:

70% according to reservation confirmation.


Group reservations

The cancellation fees below apply if more than 1 person of a group (see section 3) is canceled (agreement in the reservation contract with the group has priority).

  • Up to and including 42 days before the agreed arrival date, the group reservation can be canceled at no cost.

Cancellation of individual rooms of the group (individual rooms correspond to max. 50% of the group):

  • written cancellation of one or more rooms 41 up to 14 days before the confirmed arrival date:

0% according to reservation confirmation.

  • written cancellation of one or more rooms 14 to 3 days before the confirmed arrival date:

50% according to reservation confirmation.

  • written cancellation of one or more rooms 2 to 0 days before the confirmed arrival date:

75% according to confirmation of reservation.

  1. Loss minimization

The hotel endeavors to reallocate unused services for canceled individual and group reservations. If the hotel is able to provide the canceled services to third parties elsewhere during the agreed period, the guest’s cancellation fee shall be reduced by the amount paid by these third parties for the canceled service.

  1. Impossible arrival

If the guest cannot arrive or cannot arrive on time due to force majeure (flood, avalanche, earthquake, etc.), he/she is not obliged to pay the agreed fee for the missed days. The guest must prove the impossibility of arrival. However, the obligation to pay for the booked stay is revived from the moment of arrival.

  1. Early departure

If the guest departs early, the hotel is entitled to charge 100% of the total booked services. In the event of early departure, the hotel will endeavor to reallocate the unused services. If the hotel is able to provide the unused services to third parties during the agreed period, the guest’s invoice amount shall be reduced by the amount paid by these third parties for the canceled service.

  1. Stay / Key / Security / Internet / Smoking

The hotel room is reserved exclusively for the registered guest. The transfer of the room to a third person or the use of the room by an additional person requires the written consent of the hotel.

By concluding a contract, the guest acquires the right to the customary use of the rented rooms and the hotel’s facilities by all booked persons, which are usually accessible to the guests for use without special conditions, and to the customary service. The guest must exercise his rights in accordance with any hotel and/or guest guidelines (house rules).

The room key or room card provided by the hotel remains the property of the hotel and allows 24-hour access to the hotel. The loss of the card or key must be reported to reception immediately. The guest will be charged CHF 50 for the loss of a key.

To access the Internet, guests must obtain their personal login details from reception. This service is free of charge for all guests. The guest is responsible for the use of his/her login data. He is liable for misuse and illegal behavior when using the Internet.

Smoking is not permitted anywhere in the hotel. Smoking is also not permitted in the rooms with conservatory on the west and east side of the hotel. Any infringement will be charged in the amount of the damage incurred (basic cleaning, painting, damage to property), but at least CHF 100.00.

  1. Extension of the stay

Unless otherwise agreed, the guest is not entitled to an extension of his/her stay. If the guest is unable to leave the hotel on the day of departure due to unforeseeable exceptional circumstances / force majeure (e.g. extreme snowfall, flooding, etc.) and all departure options are blocked or unusable, the contract shall be automatically extended at the previous conditions for the duration of the impossibility of departure. If the room is not available, the hotel will endeavor to find an alternative (conditions may change here).

  1. Additional conditions for groups

Group rates are only applicable if agreed in advance and confirmed in writing by the hotel. For a group of less than 10 people, the rates for individual travelers apply. The joint arrival and/or departure of groups must be notified to the hotel in writing 42 days prior to arrival. Only one total invoice will be issued to the tour guide, who is fully liable for this amount.

The final number of persons in the group (incl. list of names) must be communicated to the hotel no later than 42 calendar days prior to the group’s arrival. Additional persons will be counted and invoiced as individual travelers, subject to fulfillment. If a group reservation is canceled, the cancellation fees listed under point 10 apply.

  1. Food and drinks

All food and drinks are to be purchased exclusively from the hotel.

In special cases (specialties, etc.), a different written agreement can be made. In such a case, the hotel is entitled to charge a service fee or a corkage fee (see separate list).

  1. Handling of events

Insofar as the hotel procures technical and other equipment from third parties for the guest at the guest’s request, it shall act for the account of the guest.

The guest is liable for the careful handling and proper return of the facilities. The hotel shall be indemnified by the guest against all third-party claims arising from the provision of these facilities.

The use of the guest’s own electrical equipment and appliances using the hotel’s electricity network requires the prior written consent of the hotel. Any faults or damage to the hotel’s technical equipment caused by the use of these devices and systems shall be borne by the guest, unless the hotel itself is responsible for them. The hotel can record and charge a flat rate for the electricity costs arising from the use of the electrical systems and appliances.

With the consent of the hotel, the guest is entitled to use his own telephone, fax and data transmission equipment. The hotel may charge connection and connection fees (see separate list).

Faults in technical or other equipment provided by the hotel will be rectified as quickly as possible upon notification by the guest. Insofar as the hotel is not responsible for the disruptions, disruptions shall neither reduce service claims nor give rise to liability.

The guest must obtain any official permits required for the event at his own expense. He is responsible for compliance with the permits and all other public law regulations in connection with the event. Fines for violation of the permits must be paid by the guest.

The guest is responsible for handling the formalities and settlements required in connection with music performances and sound reinforcement with the responsible institutions (e.g. SUISA).

  1. Items brought in by the guest

Any exhibits or other items, including personal items, brought into the event rooms or the hotel grounds are at the risk of the guest. The hotel does not assume any obligation to guard or store items. The hotel accepts no liability for the loss, destruction or damage of items brought into the hotel, except in cases of gross negligence or intent on the part of the hotel. The guest is responsible for insuring any items they bring with them.

Any decoration material brought along must comply with the fire regulations. The hotel is entitled to demand official proof of this. Due to possible damage, the installation and attachment of objects must be agreed with the hotel in advance.

Any exhibits or other items brought in must be removed immediately after the end of the event. The hotel may remove and / or store any items left behind at the guest’s expense. If the removal involves disproportionately high costs, the hotel may leave the items in the function room and charge the guest the usual room rental for the duration of the stay.

Packaging material (cardboard, crates, plastic, etc.) that arises in connection with the delivery of the event by the guest or third parties must be disposed of by the guest. If the guest leaves packaging material in the hotel, the hotel is entitled to dispose of it at the guest’s expense.

  1. Actions, use and liability

    1. Hotel

The hotel shall not be liable to the guest for slight and medium negligence to the extent permitted by law and shall only be liable for damage caused intentionally or by gross negligence. Should disruptions or defects occur in the hotel’s services, the hotel shall endeavor to remedy the situation upon immediate notification by the guest. If the guest fails to notify the hotel of a defect in good time, there shall be no entitlement to a reduction in the contractually agreed remuneration. The hotel shall be liable for the property brought in by guests in accordance with the statutory provisions, i.e. up to the amount of Fr. 1’000.-. Items which the guest stores in his hotel room and the safe provided for this purpose are deemed to have been brought in. The hotel is not liable for slight or medium negligence. If valuables (jewelry, etc.), cash or securities are not handed over to the hotel for safekeeping, the hotel’s liability is excluded to the extent permitted by law. The hotel recommends keeping money and valuables in the safe at reception. If any damage is not reported to the hotel immediately after its discovery, the guest’s claims shall lapse.

The hotel is not liable under any legal title for services which it has merely arranged for the guest. The hotel accepts no liability for theft or damage to material brought in by third parties.

  1. Guest

The guest is liable to the hotel for all damage and losses caused by him, his companions or assistants 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 provided by the hotel or procured on its 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.

  1. Third

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 debtors for all obligations arising from the contract. Irrespective of this, every customer is obliged to pass on to the guest all information relevant to the booking, in particular these General Terms and Conditions.

  1. Animal husbandry

Pets may only be brought into the hotel with the prior consent of the hotel and for a special fee . Guests who bring an animal to the hotel are obliged to keep or supervise this animal properly during their stay or to have it kept or supervised by a suitable third party at their own expense.

Animals are not permitted in the dining room or in the wellness, massage and fitness areas of the hotel. Dogs are allowed in the A la Carte Restaurant.

  1. Lost property

Lost property will be forwarded at the guest’s request if ownership is clear and the residential/business address is known. The guest bears the costs and the risk for the subsequent shipment.

  1. Further provisions

If the guest requests services that are not provided by the hotel itself, the hotel acts merely as an intermediary. The statutory limitation periods shall apply. Insofar as these can be amended, an absolute limitation period of 6 months after departure shall apply to claims for damages by the guest.

Advertisements in the media (such as newspapers, radio, television, Internet) with reference to events at the hotel, with or without the use of the unchanged company logo, require the prior written consent of the hotel.

  1. Voucher and online store

General information

The provisions of these General Terms and Conditions (GTC) apply to all deliveries, services and online orders of Hotel Kristall-Saphir AG as well as to all associated online services. Any deviations from or additions to these terms and conditions require the express consent of the management and must be recorded in writing. This also includes the deviation from the written form requirement.

Vouchers

Online vouchers are sent to the customer with a forgery-proof code, and it should be noted that despite the option of printing out the voucher yourself, only the first printout is relevant in terms of value and can be redeemed. The initially redeemed voucher with the corresponding code is considered the original and must be debited immediately after redemption. Any further copies with the same code will be considered misuse and may result in criminal prosecution. Hotel Kristall-Saphir AG assumes no obligation for fulfillment, delivery or compensation if someone attempts to redeem multiple vouchers with the same code, even if the first redeemer is not the rightful owner of the voucher. Instead, a criminal investigation (forgery of documents) can be initiated immediately against the issuer with fraudulent intent.

As a voucher can be passed on or given as a gift, Hotel Kristall-Saphir AG is neither obliged nor able to check the right of ownership of the redeemer. When the voucher is redeemed, the system only checks whether the corresponding voucher number has been released by the system and whether the voucher has actually been paid for.

The vouchers are generally valid for 2 years (see date and period of validity on the voucher). After this period has expired, Hotel Kristall-Saphir AG is no longer obliged to accept the voucher. Lost vouchers will not be replaced and cash payment of the voucher value is not possible. If the value of the voucher is higher than the service used, the excess voucher amount will be credited in full for further visits or consumption. However, there is no entitlement to payment of the remaining voucher amount. Hotel Kristall-Saphir AG is not obliged to accept unpaid vouchers as a means of payment. For operational reasons, the services listed in the voucher can only be provided or guaranteed if a corresponding and timely reservation is made. This applies in particular to vouchers in connection with overnight stays and for groups. The service described in the voucher may vary slightly depending on the situation, but must not represent a significant reduction in value for the guest. Should the Hotel Kristall-Saphir AG have to close or give up for any reason, the vouchers expire without entitlement to compensation. This also applies if the business demonstrably changes ownership. In such a case, Hotel Kristall-Saphir AG cannot be held liable as the original issuer of the vouchers.

Delivery

Hotel Kristall-Saphir AG intends to meet agreed or specified delivery times punctually wherever possible. If these deadlines are exceeded by more than six weeks, the customer shall be entitled to set a grace period. In this grace period, which must be at least one month, the customer can indicate that he will refuse to accept the object of purchase after the deadline has expired. If no agreement on a new delivery date is reached after the expiry of the grace period, the customer may withdraw from the contract or conclusion by written declaration. Claims for damages due to delays or impossibility of delivery cannot be asserted. This also includes claims for damages due to loss of profit or other indirect damages. Further claims by the purchaser, in particular for delivery and with regard to any risks and side effects that may have arisen as a result of the product, are excluded. The risk is transferred to the customer as soon as the goods have been handed over to the carrier and have left the warehouse or the business, even if Hotel Kristall-Saphir AG has assumed the transportation costs. Any complaints due to transport damage must be made by the customer to the transport company within the deadlines provided for this purpose. In the case of shipments by the customer, the customer shall bear all risks, in particular the transportation risk, until the goods arrive at Hotel Kristall-Saphir AG.

Payment

It is possible to choose between various payment methods such as invoice, credit card or cash payment. When paying by credit card, the selected credit card amount will be charged immediately. Invoices from Hotel Kristall-Saphir AG are due immediately and must be paid without deductions. From the 30th day after the invoice date, the company may charge default interest of 5%, unless Hotel Kristall-Saphir AG stipulates higher default interest or the purchaser proves that a lower charge on the part of Hotel Kristall-Saphir AG is appropriate. Checks are only accepted on account of payment, and any charges incurred shall be borne by the customer. Offsetting is only permitted with undisputed or legally established claims. The customer may only exercise the right of retention if it is based on the same contractual relationship.

Right of withdrawal

There is no right of withdrawal for vouchers that are paid for and printed out online. However, if vouchers are paid for by invoice, they can be canceled within 24 hours of purchase and must be returned to the issuer within 3 working days of the date of issue at the latest.

Defects

Complaints regarding the scope of delivery, material defects, incorrect deliveries and deviations in quantity must be made in writing immediately and at the latest within one week of receipt of the goods or the vouchers, insofar as these are recognizable through reasonable inspections. In the event of justified complaints, Hotel Kristall-Saphir AG will correct the faulty delivery free of charge. Otherwise, the company reserves the right, at its own discretion, to exchange or take back the vouchers or to grant the purchaser a price reduction. If the replacement delivery is also defective in the case of a voucher exchange, the buyer has the right to cancel the contract or reduce the purchase price.