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General Terms and Conditions
1. basic principles
These General Terms and Conditions (GTC) govern the legal relationship between guests/visitors, hereinafter referred to as the guest, and POORT A POORT Dorfhotel AG as the operator of the hotel POORT A POORT Dorfhotel, 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 shall apply.
2. place of jurisdiction / applicable law
The place of jurisdiction for any disputes arising from this contract shall be Brig in the Canton of Valais, unless another legally binding place of jurisdiction exists.
Swiss law shall apply exclusively to all contracts, reservation agreements, any additional agreements and general terms and conditions. The place of fulfilment and payment is the registered office of the hotel.
3. definitions
Groups: Groups within the meaning of these GTC are travel groups with a minimum number of 10 booked persons.
Written confirmations: Written confirmations also include letter and e-mail messages.
The contractual partners are the guest and the hotel.
4. Subject matter of the contract / scope of application
The contract for the rental of rooms, spaces 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.
5. 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 alternative solution.
Any additional expenses for the alternative accommodation shall be borne by the hotel. If the guest refuses the alternative room, the hotel must immediately refund any payments already made by the guest (e.g. deposits). The guest shall have no further claims.
6. Useful life
Subject to other agreements, the guest has the right to use the rented rooms from 3 p.m. on the agreed day of arrival until 10.30 a.m. on the day of departure.
If the guest arrives after 8 p.m., the hotel must be informed of the later arrival by telephone or in writing by 5 p.m. on the day of arrival at the latest, otherwise the hotel may freely dispose of the rooms.
If the room is vacated late by the guest by 2 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 rooms are not justified by this; the right to claim damages remains reserved.
In the event that the guest leaves the room late, the hotel reserves the right to remove the guest’s items from the room and store them in a suitable place in the hotel at the guest’s expense.
7. Options
Option dates are binding for both parties. The hotel may dispose of the opted rooms/spaces or services after the unused expiry of the option period without further notice.
Die Bestätigung muss spätestens am letzten Tag der Optionsfrist beim Hotel bis 17 Uhr eingetroffen sein.
8. Prices / Payment obligation
The prices communicated by the hotel are in Swiss francs (CHF) and include statutory VAT, any visitor’s tax and other charges.
The guest is obliged to pay the agreed or applicable prices of the hotel for the provision of rooms and other services utilised by him. This also applies to orders placed by his companions and visitors.
Any increase in statutory charges after conclusion of the contract shall be borne by the guest. Prices quoted in foreign currencies are approximate and will be charged at the current exchange rate. The prices confirmed by the hotel are valid.
The 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 1,000, the hotel may require a deposit of 50% of the total booking amount. The deposit is to be understood as an instalment of the agreed fee.
The hotel may require a credit card guarantee instead of a deposit.
An advance payment must be transferred within 5 days of receipt of the reservation confirmation. If the reservation is made at shorter notice, the hotel will require a credit card guarantee for the entire booking amount.
If the down payment or credit card guarantee is not made on time, the hotel may withdraw from the contract (including all service promises) immediately (without a reminder) and demand the cancellation costs listed in Section 10 of these GTC.
The hotel is entitled 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 card at the latest at check-out on the day of departure.
The hotel may charge a reminder fee of CHF 10 for each reminder.
The defence of set-off against claims of the hotel is excluded.
9. Cancellation by the hotel
Up to and including 15 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 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 fulfilment of the contract objectively impossible;
- Rooms or rooms that are booked or used with misleading or false information, e.g. in the person of the guest or the purpose of use or stay;
- the hotel has reasonable grounds to assume that the utilisation 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.
In the event of cancellation by the hotel for the aforementioned reasons, the guest shall not be entitled to any compensation and the compensation for the booked services shall remain due in principle.
10. Cancellation of the reservation / cancellation fees
Cancellation
Cancellation of the reservation requires the written consent of the hotel. If this is not given, 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 50% of the booked services will be charged.
Decisive for the calculation of the cancellation fee is the receipt of the guest’s written cancellation by the hotel. This applies to both letters and e-mail messages.
If the guest withdraws from the contract without an approved cancellation or if certain reserved services are changed or cancelled, the hotel may charge the following cancellation fees.
Cancellation fees:
Individual reservations
- Up to and including 15 days before the agreed date of arrival, the guest may cancel the contract without incurring any costs.
- written cancellation of the stay 15 to 7 days before the confirmed arrival date: 50% according to the reservation confirmation.
- written cancellation of the stay 7 to 0 days before the confirmed arrival date: 100% according to the reservation confirmation.
Group reservations
The following cancellation fees apply if more than 10 people in a group (see section 3) or more than 50% of the booked services are cancelled.
- Up to and including 30 days before the agreed arrival date, the group reservation can be cancelled at no cost.
- written cancellation of the stay 30 to 15 days before the confirmed date of arrival: 50 % according to the reservation confirmation.
- written cancellation of the stay 15 to 0 days before the confirmed arrival date: 100 % according to the reservation confirmation.
Loss minimisation
The hotel shall endeavour to reallocate the unused services for cancelled individual and group reservations. If the hotel is able to provide the cancelled services to third parties during the agreed period, the guest’s cancellation fee shall be reduced by the amount paid by these third parties for the cancelled service.
11. 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 days missed.
The guest must prove the impossibility of travelling.
However, the obligation to pay for the booked stay is revived from the moment of arrival.
12. 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 shall endeavour to reallocate the unused services elsewhere. 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 cancelled service.
13. Stay / Key / Security / Internet / Smoking
The hotel room is reserved exclusively for the registered guest. The transfer of the room to a third party or its use by an additional person requires the (written) authorisation 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 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 card issued by the hotel remains the property of the hotel and allows 24-hour access to the hotel. The loss of the card key must be reported immediately to reception. The guest will be charged CHF 25 for a damaged or lost card.
To access the Internet, guests must obtain their personal login details from reception. This service is free of charge for all guests.
Guests are responsible for the use of their login details. They are liable for misuse and illegal behaviour when using the Internet.
Smoking is only permitted in the outdoor areas of the hotel.
14. 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.
15. events
An event may include room hire, catering, technical facilities, accommodation and other services.
Number of participants
The guest undertakes to inform the hotel of the binding number of participants for an event no later than 5 working days before the date of the event.
If the number of participants notified by the guest differs from the final number of participants, the following shall apply:
- Up to 10% lower actual number of participants: billing according to actual number of participants.
- If the number of participants is reduced by more than 10%, the hotel is entitled to increase the agreed prices appropriately and to exchange the confirmed rooms.
- If the actual number of participants is increased at a later date, invoicing will be based on the actual number of participants, subject to feasibility.
Cancellation by the hotel and procedure in the event of cancellation of events
See section 9 of these GTC.
16. Actions, use and liability
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 in the Hotel’s services occur, the Hotel shall endeavour to remedy such 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 is liable for items brought in by guests in accordance with the statutory provisions, i.e. up to the amount of CHF 1,000. The hotel is not liable for slight or medium negligence. If valuables (jewellery 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 that money and valuables are always kept in the safe at reception.
If any damage is not reported to the hotel as soon as it is discovered, the guest’s claims shall be forfeited.
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 of or damage to material brought in by third parties.
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.
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, each customer is obliged to pass on to the guest all information relevant to the booking, in particular these General Terms and Conditions.
17. Illness or death of the guest
If a guest falls ill during their stay at the hotel, the hotel shall notify a doctor at the guest’s request. If the guest is no longer able to act and the hotel is aware of the illness, the hotel shall notify the doctor.
In any case, medical care shall be provided at the guest’s expense.
The contract with the hotel ends with the death of the guest.
18. Animal husbandry
Animals may only be brought into the hotel with the prior consent of the hotel and for a special fee.
The guest who brings an animal to the hotel is obliged to keep or supervise this animal properly during his stay or to have it kept or supervised by a suitable third party at his own expense.
The guest must have appropriate pet owner’s insurance for their animal. Proof of such insurance must be presented to the hotel upon request.
19. Lost property
Lost property will be forwarded if ownership is clear and the residential/business address is known. The guest bears the costs and the risk for the forwarding.
20. Further provisions
If the guest requests services that are not provided by the hotel itself, the hotel acts merely as an agent.
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.