General Terms and Conditions Dorfhus Gupf AG (hotel business)
1 Scope of application
These General Terms and Conditions (hereinafter “GTC“) govern the conclusion, content and execution of contracts between Dorfhus Gupf AG (hereinafter referred to as “Hotel“) and the customer (hereinafter “Guest“) regarding accommodation, catering and other services offered by the hotel. For the conclusion and processing of contracts concerning vouchers or merchandise products via the hotel’s website, the “General Terms and Conditions of Dorfhus Gupf AG – Webshops.
If individual agreements and the GTC contain divergent provisions, the provisions of the individual agreement shall take precedence over those of the GTC. However, if the provisions of the agreement are unclear or incomplete, the provisions of the GTC shall apply.
The validity of any general terms and conditions of the guest is hereby excluded.
2 Prices and terms of payment
2.1 General information
The presentation of the hotel, the rooms and other services, the description and price on the website www.dorfhus-gupf.ch (hereinafter “website”) as well as in brochures, advertisements or similar does not constitute a legally binding contractual offer or a guarantee of properties, unless they are expressly designated as binding in writing.
The price in Swiss francs (CHF) is decisive. Prices in foreign currencies are approximate and will be charged at the current exchange rate. The visitor’s tax is not included in the price and must be paid separately by the guest. Any increases in statutory charges after conclusion of the contract shall be borne by the guest.
The hotel is entitled to demand a deposit or advance payment of the entire booking amount. Instead of a deposit or advance payment, the guest may be required to provide a credit card guarantee for the total amount of the booking. The hotel has the right to invoice the services rendered at any time.
Receivables of the hotel are due at the latest after use of the respective service or, in the case of a stay with overnight accommodation, on the agreed day of departure or at check-out.
The assertion of offsetting against the hotel is excluded.
2.2 Events
The prices and terms of payment for events are agreed individually and in writing between the hotel and the guest.
The hotel is entitled to demand a deposit of 10% of the expected total amount. This deposit will be refunded in the event of cancellation by the guest. not refunded.
Additional costs may be incurred if services are used outside the normal service times or if the guest makes special requests (see Section 6.1).
3 Conclusion of contract
3.1 Room reservation
The guest can make the room reservation on site, by telephone, by e-mail or via the website. By submitting a reservation via the website, the guest submits an offer to the hotel to conclude a contract and receives a reservation confirmation by e-mail, which constitutes acceptance of the offer. If you make a reservation by telephone or e-mail, the hotel will send you an individual offer. In this case, the contract is only concluded when the guest accepts the offer by e-mail.
The customer is not entitled to a specific room unless this has been explicitly guaranteed in writing.
3.2 Events
Events are offered individually by the hotel on request. The contract is concluded upon written acceptance of the offer by the guest. The GTC supplement the individual contract where it does not contain any provisions.
4 Check-in/check-out
On the day of arrival, the room can be booked from 3:00 p.m. and must be vacated on the agreed day of departure by 11:00 a.m. be released. In the event of arrival after 23:00, the guest must inform the hotel of the later arrival by telephone or in writing by 15:00 on the day of arrival at the latest.
In the event of late release of the room by the guest, the hotel may charge 50% of the accommodation price (list price) for use exceeding the contractual period by up to three hours, and the full accommodation price (list price) for use exceeding the contractual period by more than three hours. 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 room is vacated late, the hotel reserves the right to remove the guest’s belongings from the room and store them in a suitable place for a fee.
5 House rules
5.1 Access to the room
The hotel room is reserved exclusively for the registered guest and the persons specified at the time of booking. The transfer of the room to a third person or the use of the room by an additional person (hereinafter referred to as “Accompanying person”) requires the written consent of the hotel.
The guest must keep the room key given to him carefully for the duration of the contract, may not give it to unauthorized third parties and must report any loss to the hotel immediately.
5.2 Consumption
Only food and drinks purchased from the hotel may be consumed in the hotel.
5.3 Smoking
Smoking is only permitted on the hotel grounds in designated areas. Smoking is prohibited in all indoor areas of the hotel.
5.4 Animals
Pets may only be brought into the hotel with the prior written consent of the hotel and for an additional 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 supervised by a suitable third party at their own expense. Any damage (e.g. excessive soiling, scratch marks, etc.) caused by the animal will be charged to the guest. The guest must also ensure that the animal does not soil the hotel grounds.
Animals are not permitted in the public, restaurant and event rooms or in the hotel’s wellness area. Dogs must be kept on a leash outside the booked room on the entire hotel grounds.
6 Additional provisions for events
6.1 Ordinary service times and consumption
The regular service times for events are from 08.00 to 00.00. The hotel reserves the right to charge a flat rate of CHF 250.00 per hour and per department required for services provided after the official service times.
All food and drinks must be purchased from the hotel. In special cases (e.g. specialties), a different written agreement can be made. In such a case, the hotel is entitled to charge an additional service fee or a corkage fee.
6.2 Blocked rooms and guest list
The guest must provide the hotel with the guest list, including first and last names, arrival time and payment information, no later than 14 days before the event. If this period expires unused, the hotel may release blocked rooms.
Up to seven days before the event, the number of participants may be reduced by a maximum of 10% without incurring any costs in respect of food and beverages (hereinafter referred to as “F&B services”) can be reduced. Products purchased specifically at the guest’s request are excluded. Reductions in the number of guests that exceed 10% will be charged in full.
If, on the other hand, the event is canceled, the general terms and conditions of cancellation set out in Clause. 9.2. The previous regulation regarding the reduction of participants therefore does not apply. Should the number of guests increase, the actual costs will be charged. The hotel does not guarantee that an increase in the number of guests is possible.
6.3 Use of space, fire protection and permits
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 may charge the guest a flat rate for the electricity costs incurred through the use of the electrical systems and appliances.
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, the hotel’s claims to services shall not be reduced.
The contracting guest is responsible for the agreed and appropriate use of the room. Subletting is only permitted with the written consent of the hotel. The guest is responsible for ensuring that the fire safety conditions are complied with (e.g. regarding the materials brought in, the maximum number of persons and keeping escape routes clear). The decoration material must be agreed with the hotel in advance.
Any necessary permits must be obtained by the guest in good time and at their own expense. The guest is responsible for complying with the permits and all other public law regulations in connection with the event. Fines resulting from a violation are to be paid by the guest. The hotel reserves the right to claim damages.
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.
The guest is also responsible for ensuring that the health of the participants is not impaired and that other hotel guests are not disturbed (e.g. by noise). Furthermore, the guest is responsible for ensuring that no third-party rights (in particular intellectual property rights) are infringed.
In the event of use contrary to the contract or the law, the guest undertakes to indemnify the hotel against third parties.
6.4 Third-party services
Insofar as the hotel procures facilities or books services from third parties at the request of the guest, it acts for the account of the guest.
The guest is liable for the careful handling and proper return of the facilities as well as for the timely fulfillment of obligations to cooperate and payment of the invoice. The guest undertakes to indemnify the hotel against all third-party service providers. The guest shall therefore be liable to the hotel in particular for all damages arising from cancellations and damages to third parties, insofar as the damage was not caused by the hotel.
6.5 Advertising measures
The use of the hotel’s logo, photos or similar for advertising purposes requires the written consent of the hotel.
8 vouchers
Vouchers are only issued after full payment and are valid for one year.
For vouchers, the provisions under para. 7 of the General Terms and Conditions of Dorfhus Gupf AG – Webshops
9 Service disruptions
9.1 Service disruption caused by the hotel
9.1.1 Hotel rooms and function rooms
If, despite a confirmed reservation, no room is available in the hotel, the hotel shall inform the guest as soon as possible and, if possible, 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 and withdraws from the contract, he must inform the hotel immediately in writing. In this case, the hotel must refund any services already rendered by the guest (e.g. advance payments). The guest shall have no further claims (in particular claims for damages). If the declaration of withdrawal is made late, the guest may be charged the costs incurred as a result.
9.1.2 Food and beverages (F&B services)
If agreed F&B services cannot be provided by the hotel, the hotel shall inform the guest immediately and offer an equivalent replacement if possible. Any additional expenses shall be borne by the hotel. If the guest refuses the replacement service, he must inform the hotel immediately in writing. Withdrawal from the contract without compensation is only permitted if the change in performance is significant and the guest cannot reasonably be expected to adhere to the contract. In this case, the hotel must refund any services already rendered by the guest (e.g. advance payments). The guest shall have no further claims (in particular claims for damages). If the declaration of withdrawal is made late, the guest may be charged the costs incurred as a result.
9.2 Service disruption caused by the guest
9.2.1 Cancellation by the customer / Cancellation fees
- a) General
Cancellations must be reported to the hotel in writing to in due time, otherwise 100% of the booked services will be charged. The date of receipt of the guest’s written cancellation by the hotel is decisive for the calculation of the deadline. This applies to both letters and e-mail messages.
The agreed price is due in full even in the event of a no-show or early departure.
The hotel reserves the right in individual cases to charge a higher compensation in addition to the cancellation fees in accordance with the following cancellation conditions, corresponding to the damage incurred by the hotel, which must be specifically quantified and proven to the guest. In this case, the customer is at liberty to prove that the hotel has not incurred any damage in excess of the cancellation costs or that the damage incurred is lower.
If the guest can provide proof that he/she is unable to arrive or cannot arrive on time due to force majeure (e.g. flood, earthquake, pandemic), he/she shall not be entitled to remuneration for the service offered. However, the obligation to pay for the booked stay is revived from the moment of arrival.
- b) Individual booking
Single bookings are bookings of up to 4 rooms. A single booking can be made until 24 hours, 3 p.m. before the planned arrival in writing and without incurring any costs.
- c) Group bookings and event rooms
Bookings of 5 rooms or more or bookings for at least 8 people are referred to as group bookings. Where reference is made below to arrival, the agreed arrival date is meant in relation to room reservations; in relation to event rooms, the agreed event date or the agreed start of use.
For bookings of up to 10 rooms and function rooms with capacity up to a maximum of 10 persons the following cancellation conditions apply:
up to 30 days before arrival free of charge
29 to 15 days before arrival 50% of the total amount
14 to 8 days before arrival 75% of the total amount
7 to 0 days before arrival 100% of the total amount
For bookings from 11 rooms and of function rooms with capacity for more than 10 persons as well as the terrace for sole use, the following cancellation conditions apply:
Up to 90 days before arrival free of charge
89 to 60 days before arrival 25% of the total amount
59 to 30 days before arrival 50% of the total amount
29 to 15 days before arrival 75% of the total amount
14 to 0 days before arrival 100% of the total amount
- d) F&B services
Subject to para. 6.2 Unless otherwise agreed, the same deadlines and percentage rates shall apply for the cancellation of F&B services as for bookings of up to 10 rooms and function rooms up to a maximum of 10 rooms. 10 persons (see section 9.2.1 lit. c), based on the total amount of F&B services. The number of participants expected prior to the cancellation will be taken into account. If the services have not yet been defined or have not yet been conclusively defined, the hotel is entitled to use the average F&B services of the hotel as the basis for calculation. The hotel reserves the right to stipulate individual cancellation conditions in the contract.
9.2.2 Default of payment
In the event of late payment by the guest, the hotel may refuse to provide its services until payment has been received. If the services cannot be used on the scheduled date due to a justified refusal to perform by the hotel, payment for the agreed services shall remain due in full.
In the event of late payment or payment of the credit card guarantee, the hotel may send the guest a reminder and charge CHF 20.00 per reminder. If the hotel initiates a debt collection request against the defaulting guest, a processing fee of CHF 50.00 is owed.
If the guest does not settle agreed advance payments or deposits by the due date, the hotel may refuse to provide the contractual services until the date of receipt of payment.
The hotel is entitled to assign its claims to a third party, in particular a debt collection service provider, or to have them collected by such a service provider. Additional processing fees may be charged.
In the event of default on the down payment/advance payment or the credit card guarantee, the hotel shall also have the right to set a written grace period and to withdraw from the contract if this grace period expires unused. The provisions, in particular the deadlines, for cancellation by the guest shall apply analogously to the calculation of the costs. The right to claim compensation from the guest remains reserved.
10 Withdrawal by the hotel
The hotel may withdraw from the contract by unilateral declaration without stating a reason up to 180 days before the agreed date of arrival of the guest at the latest. In the case of room reservations via the website, the hotel is also entitled to withdraw from the contract by means of immediate notification after sending the reservation confirmation.
If there are objectively justified reasons, the hotel is also entitled at any time to withdraw from the contract extraordinarily and with immediate effect by means of a unilateral declaration. An objectively justified reason is in particular:
-
- an advance payment or security deposit not made after expiry of the grace period (see 9.2.2);
- force majeure or other circumstances for which the hotel is not responsible and which make the fulfillment of the contract objectively impossible;
- the booking or use of rooms, premises or services with misleading or false information or concealment of material facts (e.g. in 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;
- insolvency of the guest (bankruptcy or unsuccessful seizure) or suspension of payment;
- an unlawful purpose or reason for the stay.
If the hotel withdraws from the contract in accordance with the contract, it is not obliged to offer the guest an equivalent replacement. With regard to compensation for the booked services, the provisions on consequential costs in the event of cancellation shall apply analogously. The guest is not entitled to any compensation.
11 Liability
11.1 General
The hotel excludes any liability to the extent permitted by law. In particular, liability for indirect damage, any consequential damage and loss of profit is excluded in full.
The hotel shall only be liable for faulty services provided by third parties commissioned by it in the event of gross negligence or intent in connection with the selection and instruction of third parties and other auxiliary persons. Any further liability of the hotel is excluded. Liability for employees of the hotel for intent and gross negligence remains reserved. No liability claims may be made against the hotel for services which the hotel has merely arranged for the guest or procured or booked at the guest’s expense. Any liability claims in this regard must be addressed directly to the third party.
11.2 Items brought in
The hotel recommends keeping cash and valuables in the room safe if possible.
The hotel is liable for the property brought in by the overnight guests or their accompanying persons in accordance with the statutory provisions (regardless of fault) up to the amount of CHF 1,000.00. Items that are stored by the guest in their hotel room are deemed to have been brought in. The hotel shall only be liable for further damages in the event of gross negligence or intent.
Monetary values from guest safes as a result of fire/elementary and burglary damage are insured up to a maximum of CHF 2,000 per safe. Dorfhus Gupf AG accepts no liability whatsoever for higher monetary values (over CHF 2,000) as a result of damage.
The hotel assumes no obligation to guard or store any exhibits or other items, including personal items, brought by the guest or third parties into the event rooms or on the hotel premises. The hotel’s liability for loss, destruction or damage to these items is excluded to the extent permitted by law. It is the guest’s responsibility to take out any insurance for items they bring with them.
12 Lost property
Lost property whose value obviously exceeds CHF 10.00 will be properly stored by the hotel for 6 months. Expenses for special storage, in particular for large or valuable items, will be charged to the owner.
If ownership is clear and the residential or business address is known, lost property will be forwarded at the guest’s request. The guest shall bear the costs and risk of subsequent shipment.
After expiry of the above-mentioned retention period, lost property will be disposed of or destroyed. If urgency requires it, namely in the event of rapid spoilage, loss of value or costly maintenance of the lost property, the hotel shall be entitled to dispose of or destroy the lost property immediately. Any proceeds from the sale shall take the place of the lost property.
13 Data protection
The guest hereby authorizes the hotel to process the data received in connection with the business relationship about the guest and his or her accompanying persons, regardless of whether these originate from the guest or from third parties, in order to fulfil the obligations arising from the contractual relationship. If the hotel engages third parties for the provision of services, the guest authorizes the hotel to pass on the data necessary for the provision of the service. The hotel is also entitled to pass on data to external payment and collection service providers – insofar as this is necessary for the use of the respective service.
The collected personal data of the guest and their accompanying persons are used, among other things, to fulfill legal reporting obligations, which arise in particular from hospitality and/or police law. Insofar as the hotel is obliged to do so under the applicable provisions, it shall forward the relevant data to the competent authorities.
Data processing is explained in more detail in a separate privacy policy, in particular data processing that is attributable to visits to the hotel’s websites.
14 Formal requirement
Where written form is required in these GTC, text messages by e-mail or fax shall suffice. These are considered equivalent to the written form.
15 Severability clause
Should one or more provisions of these GTC or the individual agreement be or become invalid or unenforceable in whole or in part, the validity or enforceability of the remaining provisions of these GTC and the individual agreement shall not be affected. In this case, the parties shall replace the invalid or unenforceable provision which comes closest to the economic purpose of the provision to be replaced. The same applies mutatis mutandis in the event that these GTC or the contract should contain a loophole.
16 Applicable law and place of jurisdiction
All legal relationships between the Guest and the Hotel shall be governed exclusively by Swiss law, subject to the exclusion of international conventions such as the United Nations Convention on Contracts for the International Sale of Goods (CISG) and the conflict of laws rules.
Rehetobel, Canton Appenzell-Ausserrhoden (Switzerland), shall be the exclusive place of jurisdiction for all claims – subject to any conflicting, mandatory statutory or constitutional jurisdiction.
However, the hotel is entitled to bring an action before the courts responsible for the guest’s domicile or place of residence instead.
17 Amendment of the GTC
The hotel reserves the right to amend these GTC at any time. The current version of the General Terms and Conditions published on the website www.dorfhus-gupf.ch at the time of reservation by the guest shall apply.