1 Scope of application
1.1.1 These General Terms and Conditions (hereinafter referred to as the "GTC") apply to the provision of event and accommodation services, and all related services and deliveries by Bürgenstock Hotels AG, Bürgenstock Bahn AG and Hammetschwand Lift AG (hereinafter referred to as the "Resort") to the customer (hereinafter referred to as the "Customer").
1.1.2 All offers made by the Resort are based on these GTC. They form an integral part of every contract between the Resort and the customer. The Resort reserves the right to amend the GTC at any time and publishes the current version on the Resort's website. By utilising the Resort's services, the customer accepts the current GTC. Individual amendments to these GTC require an express written agreement between the parties. This also applies to the cancellation of the written form requirement. Should these GTC contradict any contractual conditions of the customer, these GTC shall take precedence.
2 Accommodation services
2.1
Room bookings
2.1.1 The Resort must provide the accommodation services ordered by the customer and confirmed by the Resort in writing or by e-mail
2.1.2 Unless otherwise agreed in writing (including e-mail), the customer does not acquire the right to be allocated a specific room within a room category.
2.1.3 The rooms reserved by the customer or the customer's guests (the "Reserved Rooms") shall be deemed to be bindingly booked for the customer.
2.1.4 The subletting and any kind of transfer of use of reserved rooms or other rooms of the Resort as well as any objects of the Resort to third parties require the prior written consent of the Resort. If such consent has been given, the customer must impose the obligations contained in these GTC on all third parties to whom he/she sublets the reserved rooms or spaces. Furthermore, the customer must inform the subtenants of the duties of care incumbent upon them (in particular the duty to use the rented property with care).
2.1.5 If the customer wishes to change the number of reserved rooms, make use of additional services of the Resort or change the length of stay, this requires the Resort's consent in writing or by e-mail. We expressly reserve the right to make price adjustments in this respect.
2.1.6 In the event of no-shows or early departures, 100% of the reserved rooms will be charged.
2.1.7 The customer undertakes to pay the agreed price or the price normally charged by the Resort for hotel rooms of the corresponding category and other services or goods. This also applies to goods and services purchased by guests/visitors
of the customer (including ancillary services such as consumption, telephone calls, etc.).
2.2 Handover and return of reserved rooms
2.2.1 The reserved rooms can be occupied by the customer from 3 pm on the agreed day of arrival.
2.2.2 The reserved rooms must be vacated by the customer by 12 noon at the latest on the agreed day of departure. After this time, the Resort may charge the following surcharges for loss of use:
• Until 6 pm: 50% of the normal room rate (current daily rate);
• after 6 pm: 100% of the normal room rate (current daily rate).
2.2.3 The Resort expressly reserves the right to assert further claims (in particular due to extraordinary cleaning costs, additional staff, etc.).
2.3 Replacement for reserved rooms
2.3.1 If the reserved rooms cannot be made available by the Resort as agreed for any reason after conclusion of the contract, the Resort shall organize accommodation for the cancelled nights in a hotel of a similar category and comparable quality in the immediate vicinity at no additional cost to the customer.
2.3.2 In addition, the Resort will assume the following costs incurred in this connection (exhaustive list):
● Additional travel/transfer costs from hotel to hotel of similar category.
● A phone call.
2.3.3 Unless otherwise agreed in writing between the parties, the other agreements between the customer and the Resort regarding the Resort's event services (in particular the agreed prices) shall continue to apply unchanged. Specifically, in this situation, the customer is not entitled to withdraw from the event contract.
2.4 Additional services
2.4.1 The use of a parking space in the Resort garage/car park is subject to these GTC and is subject to availability.
2.4.2 The Resort offers a wake-up service. It wakes guests with due care. The fulfilment of the wake-up service cannot be guaranteed. The Resort is not liable for unsuccessful or omitted wake-up calls and any resulting disadvantages or financial damage to guests
2.4.3 Messages, mail and parcels for the customer will be handled with due care. The Resort will deliver, store and - if expressly requested - forward them for a fee. All such storage facilities are subject to availability to be confirmed by the Resort. The Resort reserves the right not to accept deliveries that exceed its service and storage capacity. For deliveries with a surface area of more than 3 m² and a time window of more than 48 hours, individual conditions apply by prior written agreement. The resort accepts no liability whatsoever.
3 Event services
3.1
Booked services
3.1.1 The Resort must provide contractual services for the implementation of the event or function organised by the customer (the "event"). However, the Resort reserves the right to change the premises provided, provided that the areas correspond to the needs and interests of the customer and are reasonable for the customer.
3.2 Food and beverage consumption
3.2.1 Unless otherwise agreed in writing, the customer is obliged to obtain all food and beverages from the Resort. Furthermore, no food and beverages may be brought into the premises for consumption without prior written authorization of the Resort. The Resort reserves the right to charge an equivalent fee to cover overheads ("corkage") for food and beverages brought into the Resort.
3.3 External service providers
3.3.1 The use of external service providers by the customer must be agreed with the Resort in advance.
3.3.2 The use of external security services requires the prior consent of the Resort.
3.4 Technical equipment and connections
3.4.1 If the Resort provides technical and other equipment from third parties for the customer at the customer's request, the Resort shall act on behalf of and for the account of the customer. The customer assumes all liability for the careful use of this equipment and the correct and flawless return of the same. The customer shall indemnify the Resort against all third-party claims arising from the provision of this equipment
3.4.2 The Resort's prior written consent is required before the customer uses the Resort's main lines and other networks to connect their own electrical or other technical devices.
3.4.3 If the customer's own devices are connected despite suitable Resort devices being available, the Resort's consent is subject to the condition that the customer must pay a fee for non-use of these devices.
3.4.4 The customer is liable for any disruption or damage to the Resort's main lines or other facilities caused using the customer's own equipment, unless the Resort is responsible for such disruption or damage.
3.4.5 The Resort may charge energy costs incurred due to the use of the customer's own equipment separately in the form of a flat-rate fee.
3.4.6 If the customer wishes to use his own telephone, fax or other communication facilities, this requires the prior written consent of the Resort. This authorisation may be made dependent on the payment of a fee
3.5 Loss of or damage to items / evacuation of the event premises
3.5.1 Exhibition or other items, including personal effects, which are brought into the event rooms, hotel rooms or other premises of the Resort are stored at the customer's risk. Insurance is the responsibility of the customer.
3.5.2 An express written agreement is required for the safekeeping of items by the Resort
3.5.3 All exhibition or other items brought into the Resort premises must be removed immediately after the end of the event and may not be left, even temporarily, in a publicly accessible area of the Resort.
3.5.4 If the customer violates this provision, the Resort is authorised to remove the items and store them at the customer's expense and risk.
3.5.5 If the items remain in the event rooms, the Resort is entitled to charge the agreed costs and room rental fees for the time in question.
3.5.6 All equipment not collected after the event dates will be removed and stored at the customer's expense. The cost of removal shall be included in the final invoice to be issued by the Resort.
3.5.7 The customer must ensure that all waste is properly disposed of in accordance with the applicable local regulations regarding waste separation and disposal, or that the Resort disposes of normal waste.Any equipment left behind after the event date will be removed and, if necessary, disposed of at the customer's expense. The costs for this will be charged to the customer when the final bill is issued. The Resort reserves the right to levy surcharges for the waste disposal company commissioned to carry out this task.
3.6 Authorisations
3.6.1 Insofar as the realisation of an event requires a private or public-law permit, authorisation or approval, the customer shall be responsible for obtaining these at his own expense and risk.
3.6.2 The customer is responsible for compliance with all regulations under private and public law, including requirements and conditions.
3.6.3 Copyright compensation in connection with music and other performances must be paid by the customer. In the case of musical entertainment, the customer is obliged to provide and keep available all legal documents authorising the customer to use the music, sound carriers, etc. If this authorisation cannot be documented, the Resort shall request the organiser to notify SUISA (Swiss Cooperative Society of Authors and Publishers of Music).
4 Prices, price adjustments
4.1 Prices
4.1.1 The customer undertakes to pay the agreed price or the price normally charged by the Resort for the hotel room and other services or goods. This also applies to goods and services purchased by guests/visitors of the customer (including ancillary services such as consumption, telephone calls, decoration, etc.).
4.1.2 If a flat-rate event fee has been agreed, this shall be per event day and participant unless otherwise agreed.
4.2 Night surcharges
4.2.1 According to the cantonal authorities, the Resort must be closed between 00.30 and 05.00 hours. These closing hours must be observed. A special permit can be applied from the local authorities by the organiser
4.2.2 The resort reserves the right to apply a surcharge per service employee per hour from 00.30 a.m., whereby one employee per 15 guests will be assigned. The minimum amount of the surcharge per event is CHF 300.
4.3 Payment obligations, payment dates
4.3.1 If and insofar as no advance payment is requested by the Resort, the full amount of the goods and services ordered shall be due for payment at the latest upon the customer's departure. Payments can be made either by credit card (MasterCard, VISA, American Express, Diners Club, JCB), debit card (EC/Maestro, Postcard) or in cash.
4.3.2 If the parties agree on payment by invoice, the entire amount is due for payment no later than 10 days after the invoice date.
4.3.3 All agreed payment dates shall be deemed as expiry dates. In the event of late payment, the Resort is entitled to charge interest of 5% on the invoice amount.
The Resort may demonstrate that it incurred a greater loss and charge the customer accordingly
4.3.4 If the Resort grants the customer a payment deferment or credit and the customer fails to pay within the specific timeframe, the Resort may cancel the payment deferment or the credit with immediate effect, rendering the entire outstanding amount payable immediately.
4.3.5 If additional services are agreed after the event contract has been signed (e.g. flowers, decorations, exhibition stand construction, event technology, etc.), the Resort is entitled at any time to issue separate advance payment invoices for these services, which the customer must pay within 10 days and in any case no later than seven days before the start of the event.
4.3.6 The Resort reserves the right to charge additional staff costs in the event of additional work at short notice when changing the set-up.
4.4 Price adjustments
4.4.1 The Resort is in any case entitled to make price changes because of adjustments to the VAT applicable at the time of fulfilment of the contract or in the event of changes to or the introduction of public fees or taxes, such as visitor's tax, tourism taxes or similar .
5 Premature cancellation of the contract, extraordinary cancellation rights of the Resort
5.1 Premature cancellation of the contract, extraordinary cancellation by the Resort
5.1.1 In the event of an agreed advance payment, the Resort is entitled to withdraw from the contract prematurely or to demand compensation for non-fulfilment of the contract if the customer is in default of payment after a reasonable grace period has expired unused.
5.1.2 The Resort is entitled to cancel / terminate the contract without compensation for good cause.An important reason is given in the following cases in particular:
• The customer has made misleading or false statements regarding material facts, namely his person or the purpose of the hotel booking
• If the provision of services by the Resort is prevented by force majeure (see para. 7) or due to other circumstances for which the Resort is not responsible, the Resort may withdraw from the contract in whole or in part without compensation to the extent of the part of the contract not yet fulfilled. In the event of cancellation of the contract by the Resort, any advance payments made will be refunded to the customer within 30 days
• In the event of justified cause that the utilisation of the Resort's services or goods by the customer could impair the smooth operation, safety or public reputation of the Resort. Any claims for damages against the customer are expressly reserved.
5.1.3 In the event of cancellation of the contract by the Resort, the customer must pay the agreed price for the contractually agreed and already rendered services despite the cancellation of the contract. The Resort is entitled to offset these costs against advance payments already made.
5.2 Contract cancellation / termination by the customer
5.2.1 Early cancellation of the contract by the customer is excluded unless otherwise agreed in writing in the contract.
6 Changes to the number of participants or the date of the event
6.1
Change in the number of participants
6.1.1 Unless otherwise contractually agreed, the following rules apply:
6.1.1.1 The Resort's events department must be notified of the final number of participants no later than 14 days before the start of the event.
6.1.1.2 The Resort's events department must be notified in advance in writing (or by e-mail) no later than 14 days before the start of the event of any reduction in the number of participants of more than 5% (in the case of an "approximate number", the absolute figures shall apply). If the Resort does not authorise a deviation in the number of participants of more than 5% in writing, the agreed number of participants less 5% will be used as the basis for event planning and calculation of costs.
6.1.1.3 If the number of participants is reduced by more than 10%, the Resort is entitled to increase the agreed prices accordingly. Furthermore, in this case the Resort is entitled to provide other suitable premises, provided this is reasonable for the customer.
6.1.1.4 In the event of an increase in the number of participants, the invoice will be based on the actual number of participants.
6.1.1.5 If the actual number of participants is higher, the Resort cannot guarantee that all participants can be accommodated.
7 Force majeure
7.1.1 Neither party shall be deemed to be in breach of contract if the fulfilment of their respective contractual obligations is prevented or significantly impeded in whole or in part by a force majeure event. According to Swiss law, force majeure events include in particular natural disasters such as storm winds, floods, snow slides, avalanches, volcanic eruptions or earthquakes, as well as fire, hostagetaking, war, civil unrest, nuclear and reactor accidents, strikes, pandemics and epidemics, unforeseeable official restrictions imposed by the Swiss authorities (in particular decisions by the Swiss authorities in relation to this health situation that lead to travel restrictions), etc.
7.1.2 In the event of a force majeure event affecting the fulfilment of the contract by the Resort, the Resort shall be entitled in accordance with para. 5.1 to withdraw from the contract prematurely. In this case, the customer is not entitled to compensation and/or loss of profit. Alternatively, the Resort is entitled to postpone the event and the Resort stay in accordance with the agreed event programme to a new date subject to the Resort's availability within 12 months of the date on which the force majeure event ends. The conditions of the contract concluded between the parties shall continue to apply unchanged for this alternative date, depending on the seasonality
7.1.3 In the event of a force majeure event affecting the customer's fulfilment of the contract, the parties agree to postpone the event and the hotel stay in accordance with the agreed event programme to a new date subject to the Resort's availability within 12 months of the date on which the force majeure event ends. The conditions of the contract concluded between the parties shall continue to apply unchanged for this alternative date, subject to seasonality
7.1.4 Each party is obliged to notify the other party of the occurrence and termination of a force majeure event within three days. The period in which the hotel stay can be made up after the end of the force majeure event begins on the day following the notification of the end of the force majeure event.
7.1.5 If the customer does not reschedule their hotel stay within 12 months of being notified of the end of the force majeure event, their entitlement to the services will expire.. However, the customer remains obliged to pay the Resort the agreed price corresponding to the estimated total price in accordance with the contract.
7.1.6 If the Resort is unable to offer the customer an alternative date within the aforementioned period of 12 months, the period for making up the hotel stay shall be extended by 6 months.
7.1.7 Upon request, the Resort shall grant the customer an extension of the 12-month period for making up the hotel stay by 6 months if the customer submits a corresponding request to the Resort within the 12-month period. The date of receipt of the request by the Resort shall apply.
8 Safety regulations
8.1.1 The safety regulations of the Resort, in particular compliance with all fire regulations, keeping escape routes clear, compliance with the smoking ban within all buildings of the resort, etc. must be strictly observed by the customer. Any decoration material brought in by the customer must also comply with the fire regulations.
8.1.2 If the customer brings decoration materials, these must comply with the official fire protection regulations.
8.1.3 The attachment of decorative materials and other objects to walls, doors and ceilings always requires the prior consent of the Resort. The customer is liable for any damage incurred by the Resort as a result.
8.1.4 The customer is responsible for ensuring that no additional persons are admitted than the capacity of the corresponding rooms or hotel rooms. The maximum numbers specified by the Resort are binding. The Resort accepts no liability in the event of non-compliance.
9 Liability
9.1.1 The customer is liable to the Resort for all damage and loss caused by himself, his employees, his agents, his event participants or other third parties authorised by him.
9.1.2 The Resort accepts no liability for theft of or damage to items brought in by the customer, event participants or other third parties authorised by the customer
9.1.3 The insurance of exhibits and other items brought in by the customer, event participants or other third parties is the responsibility of the customer. The Resort may demand proof of adequate insurance from the customer at any time. The Resort is free to refuse to provide its services until the customer can provide proof of adequate insurance.
9.1.4 The customer is obliged to maintain peace and order. He/she undertakes to indemnify the Resort in full against all civil and public law claims asserted against the Resort by authorities or third parties (including event participants, guests or employees and contractual partners of the customer) as a result of the event and to pay for all such claims.
9.1.5 The Resort shall only be liable for its own behaviour in the event of intentional or grossly negligent contractual or non-contractual damage. Any further liability, in particular for slight or medium negligence, is excluded.
9.1.6 The Resort shall only be liable for its auxiliary persons in the event of intentional or grossly negligent damage and for direct damage. Any further liability, in particular for slight or medium negligence and liability for indirect damage, is
excluded. Indirect damage as defined in these GTCs include, in particular, loss of profit and purely financial losses
9.1.7 If external services are arranged, the Resort accepts no liability for the service ordered by the customer
9.1.8 The loss and/or discovery of items must be reported immediately by the owner to lost. found@burgenstockresort.com to report.
9.1.9 Lost and/or found items will be kept by the Resort for 12 months from the date of discovery. After this period, valuables such as jewellery and watches with a current value of more than CHF 500 will be handed over to a lost property office. All other (valuable) items will be disposed of after this period and will no longer be kept at the Resort. The Resort accepts no liability for lost items (loss due to carelessness and theft). The Resort will not proactively contact the presumed owner if an item is found.
10 Exclusion of retention, exclusion of set-off
10.1.1 The customer has no right of retention.
10.1.2 Offsetting by the customer is generally excluded.
11 Copyright
11.1.1 The use of logos and images of the Resort in any form always requires the prior written consent of the Resort. If these logos or images are used without the Resort's consent, the Resort is entitled to withdraw from the contract with the organiser. In this case, the organiser shall be liable for all damage incurred by the Resort as a result of the use of these logos or images.
12 Data protection
12.1.1 The current version of the privacy policy applies. The Resort is authorised to amend the privacy policy at any time.
13 Severability clause
13.1.1 Should one or more provisions of these GTC be invalid, the remaining contractual provisions shall remain unaffected. In this case, the invalid provision shall be replaced by a provision that comes closest to the purpose of the invalid provision and the contract as a whole.
14 Applicable law, place of jurisdiction
14.1.1 All contracts between the Resort and the customer are subject to Swiss substantive law to the exclusion of the Vienna Sales Convention.
14.1.2 The ordinary courts of the Canton of Nidwalden shall have exclusive jurisdictions for all disputes arising from and in connection with these GTC and other contracts between the Resort and the customer.
Obbürgen, 19.12.2024