Badrutt's Palace Hotel AG in St. Moritz, as the Operator of the Townhouse (www.townhouse-stmoritz.com), will be happy to organise your relaxing stay. Please read the following general terms and conditions carefully, which are an integral part of the contract. Thank you for your cooperation.
1. SCOPE OF APPLICATION AND CONTRACTING PARTIES
These General Terms and Conditions ("GTC") apply to the contractual relationship between you as a guest (hereinafter, "Guest") and Badrutt's Palace Hotel AG as Operator of the Townhouse (hereinafter, "Operator of the Townhouse").
2. CONCLUSION OF CONTRACT
1. The presentation of the services of the Operator of the Townhouse on the website does not yet constitute a legally binding offer, but an invitation to make an enquiry.
2. The provisions of the Swiss Code of Obligations shall apply to the conclusion of the contract. As a rule, the contract is concluded either by means of a reservation confirmation signed by both parties or an electronic reservation confirmation by the Operator of the Townhouse.
3. As part of the booking process, the guest accepts the GTC in the version that is valid at the time of booking. The Operator of the Townhouse reserves the right to change these GTC at any time.
4. Other contractual conditions, namely also those which the Guest declares to be applicable within the framework of the conclusion of the contract, are only valid if and insofar as they have been expressly recognised in writing by the Operator of the Townhouse.
5. If the Guest requests services which are not provided by the Operator of the Townhouse itself, the Operator of the Townhouse shall act merely as an intermediary for the service. These services shall be invoiced separately and the contracts for these services shall not be concluded with the Operator of the Townhouse, but with the third party offering the service.
6. If a third party makes a booking for the Guest, this third party is liable to the Operator of the Townhouse together with the Guest as joint and several debtors for all obligations arising from the contract. Every third party / orderer is obliged to pass on all booking-relevant information, in particular these GTC, to the Guest.
7. The subletting or re-letting of the apartments and/or studios provided, as well as their use for purposes other than accommodation, require the prior written consent of the Operator of the Townhouse.
3. SERVICES, PRICES, PAYMENT
1. The Operator of the Townhouse is obligated to keep the apartments and/or studios booked by the Guest available as stated on the reservation confirmation in accordance with these GTC and to provide the agreed services.
2. The Guest is obligated to pay the applicable or agreed prices of the Operator of the Townhouse for the apartment/studio rental and the other services used by the Guest. This also applies to the services and expenses of the Operator of the Townhouse vis-à-vis third parties arranged by the Guest or by a third-party orderer for the Guest.
3. The agreed prices are in Swiss francs (CHF) per apartment / studio as well as per night including the respective statutory VAT (3.7%). Visitor's tax is charged additionally CHF 2.90 (per person / night as of age 12).
4. If the period between the conclusion of the contract and the Guest's arrival exceeds four months and if, after the conclusion of the contract, the statutory value added tax or any applicable local taxes and duties increase or if new local taxes and duties are introduced, the Operator of the Townhouse reserves the right to increase the agreed prices by the amount by which the applicable value added tax or local taxes and duties have increased or by the amount of the newly introduced local taxes and duties.
5. Unless otherwise agreed in writing, the prices are for the booked apartment/studio without additional services.
6. The payment of booking fees is made exclusively online. The Operator of the Townhouse accepts credit cards (Eurocard/Mastercard, VISA, American Express) and debit cards (Mastercard and Visa) as means of payment. Payments on account, cash and cheques are not accepted.
7. At the time of booking, the Guest must make an advance payment in the amount of the total booking cost by means of electronic data entry.
8. A reservation is considered confirmed as soon as the electronic reservation confirmation has been received by the Guest and payment has been made. The Operator of the Townhouse reserves the right to reserve an amount up to the total booking costs on the credit card provided in advance. With their booking, the Guest confirms the accuracy of their personal details. If these conditions are not met, the Operator of the Townhouse may cancel the reservation without notice.
9. Invoices from the Operator of the Townhouse without a due date are payable within 10 days of the invoice date without deduction. The Operator of the Townhouse is entitled to invoice accrued claims at any time and to demand immediate payment.
10. In the event of default in payment, the Operator of the Townhouse is entitled to demand the statutory default interest applicable at the time of default in the amount of 5% of the invoice total after the first reminder. The Operator of the Townhouse reserves the right to prove higher damages.
4. DEPOSIT
1. The Operator of the Townhouse is entitled to demand a deposit of CHF 500.00 in addition to the agreed price and to offset this against claims for damages (in particular for damage to the apartment or its furnishings, breaches of the ban on smoking and pets and other breaches of contract). The deposit will be reserved on the credit card provided at the time of reservation.
2. The deposit will be refunded, after deduction of any claims for damages, no later than 30 days after the Guest's departure.
5. CHECK-IN AND CHECK-OUT
1. The booked apartments and/or studios in the Townhouse are ready for occupancy from 15.00 and are at the Guest's disposal until 11.00 on the day of departure.
2. In the case of early arrival or late departure, the apartment/studio can be occupied earlier or vacated later in consultation with the Operator of the Townhouse and depending on availability.
3. If the apartment/studio is occupied by the Guest for a longer period without prior agreement, the Operator of the Townhouse may charge 100% of the list price of the apartment/studio from 11.00 onwards.
4. The check-in process takes place online without exception. The Guest will receive the relevant documents and forms electronically from the Operator of the Townhouse prior to arrival.
5. The keys are provided in a designated key box and are to be collected there by the Guest. On departure, the keys must again be returned to the key box by 13.00 at the latest. If the keys are not returned, the Operator of the Townhouse may deduct CHF 10.00 from the deposit reserved on the credit card provided.
6. The apartment/studio will be handed over to the guest in a clean and contractually compliant condition. Any damage or discrepancies must be reported immediately to the Operator of the Townhouse. Without such notification, the apartment/studio shall automatically be deemed to have been handed over in an unobjectionable condition in accordance with the contract.
7. The apartment/studio must again be left in a tidy condition on departure. Any damage must be reported to the Operator of the Townhouse at the latest at check-out. The Guest is liable for damages, heavily soiled objects and missing inventory.
6. CANCELLATION POLICY FOR THE APARTMENTS/STUDIOS
Withdrawal by the Guest
1. If a Guest claims booked accommodation later than agreed, not at all, or gives it up prematurely, the following cancellation provisions apply:
- up to 14 days before arrival: Free cancellation (no cancellation fees)
- 13 days or less before arrival: 100% of the price
2. The date of receipt of the cancellation by the Operator of the Townhouse is decisive for the calculation of the cancellation fees.
3. Any change or adjustment to a booking after check-in will result in 100% of the price being charged, especially if the length of stay is reduced or if a lower apartment/studio category is chosen.
4. The Operator of the Townhouse reserves the right to adjust the cancellation conditions individually and in writing depending on the scope of the booking. The adjustment will be noted in the reservation confirmation and will thus become a component of the contract. A cancellation/change of the cancellation deadlines by the Guest is only possible with the written consent of the Operator of the Townhouse.
5. The Operator of the Townhouse may, at its own discretion, credit the income from renting the apartments/studios to other parties against the cancellation costs or deduct it from the same.
Withdrawal by the Operator of the Townhouse
1. Apartments/studios may only be used for the purpose of accommodation. The Operator of the Townhouse is entitled to terminate the contract without notice if the contract has been concluded under false or misleading information or if the apartment/studio is used in breach of contract.
2. If an agreed advance payment is not made, the Operator of the Townhouse is entitled to withdraw from the contract. The Operator of the Townhouse may, at its own discretion, set the Guest a grace period to make the advance payment. If the Guest does not meet their obligation within this grace period, set at the discretion of the Operator of the Townhouse, the Operator of the Townhouse is entitled to withdraw from the contract.
3. Furthermore, the Operator of the Townhouse is entitled to withdraw from the contract extraordinarily for factually justified reasons. Such reasons exist in particular in the following situations:
- Force majeure or other circumstances beyond the control of the Operator of the Townhouse which make it impossible to fulfil the contract.
- If the Operator of the Townhouse has reasonable grounds to believe that the Guest's use of the services will jeopardise the smooth running of the business, safety or the Townhouse.
- If there is an official order to cease operations which makes it impossible for the Operator of the Townhouse to provide the service.
4. In the event of the justified withdrawal by the Operator of the Townhouse, all claims for damages by the Guest are excluded.
5. If the Operator of the Townhouse is unable to fulfil its obligation to perform due to overbooking, it shall offer the Guest an equivalent substitute in comparable accommodation.
7. CONDITIONS AND RESTRICTIONS OF USE
Proper use
1. The Guest undertakes to avoid any improper use of the apartment/studio and the furnishings. In the event of violations, the Operator of the Townhouse reserves the right to assert potential liability claims against the Guest.
2. The Guest undertakes to show due consideration for the other guests when using their apartment, and in particular to observe the house rules.
Children
Children who are minors may only occupy an apartment/studio if accompanied by an adult. The supervision of children is the sole responsibility of the adult Guest.
Extra beds
1. No baby cots or extra beds are available.
2. The Guest is therefore responsible for ensuring that the apartment/studio is only occupied by the number of persons booked and confirmed.
Pets
1. The keeping of pets in the respective apartment/studio is not permitted.
2. The Operator of the Townhouse reserves the right to immediately charge the amount of CHF 150.00 against the deposit reserved on the credit card indicated in the event of such violations. The Operator of the Townhouse reserves the right to assert claims for damages in connection with this.
Smoking
1. Smoking is strictly prohibited in the apartment/studio as well as in the public areas of the Townhouse. Smoking is only permitted in the outdoor areas.
2. In the case of the violation of the smoking ban, the Operator of the Townhouse reserves the right to immediately charge the amount of CHF 150.00 against the deposit reserved on the credit card indicated. The Operator of the Townhouse reserves the right to assert claims for damages in connection with this.
Rubbish
1. Household waste must be disposed of in the official red waste bags for Maloja region that are subject to charge. The Operator does not provide waste bags. They can be bought in in any supermarket.
2. Recycling bins for glass, paper, aluminium and tin cans are available outside the house.
8. SERVICE
Cleaning
The respective apartment/studio is cleaned every fifth day of the stay (including towels and bed linen).
Reception
1. There is no reception/front desk at the Townhouse sites. All related services, especially check-in, are handled online. An emergency telephone service, which operates from 9.00 a.m. to 17.00 p.m., is also available to the Guest.
2. For health or other emergencies, dial the emergency numbers of the rescue services.
Internet
The Operator of the Townhouse offers a free Wi-Fi connection at all locations. In the event of the failure or the impairment of the connection, the Guest may not demand a reduction in the agreed price. Further claims by the Guest arising from the operation or non-operation of the internet connection provided are expressly excluded.
TV
There are no traditional TV channels available in Townhouse N.9. There is the Zattoo app available on TV where guests can log-in with their personal Zattoo account and watch multiple traditional TV Channels. Any claims by the Guest arising from not having a personal Zattoo account are expressly excluded.
9. INSURANCE
1. The Guest is not insured by the Operator of the Townhouse against any risks during their stay in the apartment/studio (accident, illness, loss of property due to water, fire, theft, etc.).
2. The Operator of the Townhouse therefore strongly recommends that its Guests take out appropriate insurance.
10. LIABILITY OF THE OPERATOR OF THE TOWNHOUSE
1. Any faults or defects that may occur in the services of the Operator of the Townhouse must be reported immediately by the Guest. The Operator of the Townhouse shall strive to remedy the situation. If the Guest culpably fails to notify the Operator of the Townhouse of a defect, the claim to a reduction in the contractually agreed remuneration shall lapse.
2. The Operator of the Townhouse is liable exclusively for unlawful intent and gross negligence. Any other, further liability is entirely excluded, insofar as legally permissible, in particular liability for minor negligence as well as for auxiliary persons or substitutes.
3. The Operator of the Townhouse is liable for the belongings brought in by the Guest exclusively in accordance with the statutory provisions. In particular, liability for minor negligence is expressly excluded.
4. If a parking space is made available to the Guest in the garage or in a car park belonging to the Operator of the Townhouse, whether for a fee or free of charge, this does not constitute a custody agreement. There is no duty of supervision on the part of the Operator of the Townhouse. In the event of the loss of or damage to parked or moved vehicles and their contents, the Operator of the Townhouse shall not be liable insofar as it, its legal representatives or its vicarious agents have not acted with unlawful intent or gross negligence. If the Guest discovers damage to a vehicle, the damage must be reported to the Operator of the Townhouse at the latest when leaving the garage or car park.
5. All claims against the Operator of the Townhouse lapse six months after the Guest's departure at the latest, unless the mandatory statutory provisions provide for longer periods.
11. DATA PROTECTION
The collection and processing of personal data pertaining to the Guest by the Operator of the Townhouse are explained in the privacy policy. This constitutes an integral component of these General Terms and Conditions. The privacy policy is available here.
12. ASSIGNMENT
The Operator of the Townhouse reserves the right to assign or pledge to third parties the claims against the Guest arising in connection with the contract, including any instalments, interest on arrears and reminder fees.
13. SEVERABILITY CLAUSE
Should individual provisions of these GTC be or become invalid or void, this shall not affect the validity of the remaining provisions. In all other respects, the statutory provisions shall apply.
14. APPLICABLE LAW AND PLACE OF JURISDICTION
1. This contract is exclusively subject to Swiss law. The application of the conflict of laws rules and the UN Convention on Contracts for the International Sale of Goods is excluded.
2. Any disputes arising out of or in connection with these GTC shall be subject to the jurisdiction of the competent court in St. Moritz / Switzerland. The mandatory statutory places of jurisdiction remain reserved.
Version: April 2022
