Terms and Conditions of aXpel hoga AG - arthotel burgdorf
These General Terms and Conditions (GTC) govern the legal relationship between the customer, hereinafter called Guest, and the aXpel hoga AG - arthotel burgdorf, hereinafter referred as arthotel burgdorf. For simplicity, in these terms - no matter the relation to which performance - are always spoken of contract.
These are only valid for the terms and conditions contract of arthotel burgdorf. Terms and conditions contract of the guest shall only apply if this has been explicitly agreed in writing before signing the contract.
Should any of these conditions be ineffective or invalid, the validity of the contract and the remaining Conditions provisions shall not be affected. Otherwise, the statutory provisions apply.
2. Jurisdiction / Applicable Law
Any disputes arising from this contract the jurisdiction Burgdorf is responsible, unless otherwise prescribed by law jurisdiction there.
For all contracts and Reservations-, any supplementary agreements and general conditions the Swiss law applies. All payments goes through the headquarters of arthotel burgdorf.
Group: Under these Conditions groups consists of a minimum of 4 people.
Written confirmations includes fax and e-mail messages.
Contractors are the guest and the arthotel burgdorf.
4. Contract / Scope
The contract for the rental of rooms and the purchase of other goods and services shall be delivered by the written confirmation of the guest or implied guests. A reservation that is done on arrival itself is binding at the moment of acceptance by the arthotel burgdorf.
Contractual changes is only binding for the arthotel burgdorf with a written confirmation. Unilateral changes or additions to the contract by the guest are ineffective. The subletting of the rooms as well as their usage for other than accommodation purposes require the prior written consent of arthotel burgdorf.
The scope of the contract shall be governed by the individually made and confirmed reservation score. The guest - other contractual arrangements reserved - is not entitled to a specific room. If, despite a confirmed reservation, no rooms at the arthotel burgdorf are available, the arthotel burgdorf must inform the customer in time and offer a suitable replacement in a spatially nearby hotel / accommodation of a comparable or higher category. Possible extra costs for the substitute accommodation shall be borne by the arthotel burgdorf. If not borne, the substitute accommodation already paid by the guest services (for example, payments) must reimburse immediately by arthotel burgdorf. Further claims of the guest do not exist.
6. Operating Life
The absence of other agreements means it’s the host’s right to allow the use of the rented rooms from 14.00 on the agreed arrival day until 11:00 am on the day of departure. If you arrive after 22.00, the guest with the late arrival must inform the arthotel burgdorf of the arrival time no later than 18:00 by telephone or in writing, otherwise arthotel burgdorf can freely dispose of the rooms. A room with respect to 23.30 counts as full night.
In case of delayed release of the room by the guest by an hour or more the arthotel burgdorf can charge an additional 50% of the full Logierpreises (list price) for exceeding contract use. Contractual claims of the guest on ordinary continued use of the land shall be created thereby; the claim for damages is reserved. Arthotel burgdorf reserves the right, in case of late departure from the room, to remove the objects of the guest from the room and charge at a convenient location in the arthotel burgdorf or near Burgdorf.
7. Prices / Payment Obligation
The price communicated by arthotel burgdorf are in Swiss francs (CHF) and include VAT, any taxes and other levies. The guest is required to agree the agreed and current prices paid for the arthotel burgdorf rooms provided and used by him in other services used. This also applies to orders from his companions and visitors. Increasing taxes applicable to the contract at the expense of the guest. Prices in foreign currencies are approximate and will be charged at the current rate. The validity of those prices are confirmed by arthotel bugdorf.
The prices can be changed by arthotel burgdorf if the guest subsequently causes changes in the number of rooms booked, the performance of the arthotel burgdorf or the length of stay. Depending on the agreement or on a reservation of CHF 500.00, the arthotel burgdorf can request a deposit of up to 100% of the total reservation. The deposit is to be understood as part payment of the agreed remuneration. Arthotel burgdorf may also require a credit card guarantee instead of a deposit. An advance payment is to be paid within five days of the receipt of the reservation confirmation. If the reservation shortly, as required by the arthotel burgdorf, an advance payment in cash or a credit card is required as guarantee for the full amount.
Any delay in payment or performance of the credit card as guarantee, the arthotel burgdorf reserve the rigth to withdraw the contract (incl. All performance promises) immediately (without warning) and demand the cancellation costs listed under item 10 of the Terms and Conditions. The arthotel burgdorf shall have the right at any time to bill or interim billing of its services to the guest.
The final bill includes the agreed price plus any extra amounts that arose due to additional services of the host and / or the persons accompanying him. The final invoice is - subject to other agreements - at the latest on the occasion of check-out to pay on departure, in Swiss francs in cash or by credit card accepted. For each reminder the arthotel burgdorf charge CHF 80.00. With respect to claims of settlements, the arthotel burgdorf is excluded.
8. Cancellation by the arthotel burgdorf
Up to and including 30 days before the arrival date of the guest, the arthotel burgdorf can withdraw from the contract at no cost. Furthermore, the arthotel burgdorf may withdraw at any time with justifiable cause by immediate unilateral and written declaration with immediate effect of the contract.
For example, objectively valid reasons are:
An agreed advance payment or security deposit is not provided during the period specified by the arthotel burgdorf;
Due to circumstances, such as force majeure or other, from the arthotel burgdorf that make the performance of the contract objectively impossible;
Rooms or spaces that are reserved with misleading or false information, for example, be posted or used in the person of the guest, the use or purpose of residence;
The arthotel burgdorf justified cause to believe that use of the agreed services may affect the smooth operation of arthotel burgdorf, the safety of other arthotel burgdorf guests or arthotel burgdorf’s reputation;
Because the guest is insolvent (bankrupt or futile seizure) or he has stopped making payments;
The purpose or the cause of the stay is illegal.
If you withdraw the arthotel burgdorf due to the aforementioned reasons, the guest is not entitled to damages and compensation for booked services.
Cancellation of Reservations / Cancellation Fees
A Cancellation of reservations requires the written consent of the arthotel burgdorf. If not this, then the price agreed is also to be paid if the guest does not follow the contractual services. In a non-appearance of the guest ( "no-show"), 100% of the booked services are invoiced.
Decisive calculation of the cancellation fee is the arrival of the written cancellation of the guest at the arthotel burgdorf. This applies to letters as well as fax and e-mail messages.
If the guest withdraws from the contract without an approved cancellation is present or carried conversion or cancellations of certain services reserved, the arthotel burgdorf can ask the following cancellation charges invoiced.
b) Cancellation Charges
Up to and including 30 days before the agreed date of arrival, the guest can withdraw from the contract at their own expense of 20% in accordance with the reservation confirmation.
written cancellation of the stay 14 to 29 days before the confirmed arrival date: 50% according to reservation confirmation.
written cancellation of the stay 10 to 13 days before the confirmed arrival date: 60% according to reservation confirmation.
written cancellation of stay 0 to 9 days prior to the confirmed arrival date: 80% according to reservation confirmation.
c) Minimize damages
Arthotel burgdorf attempts to allocate the undrawn services of both canceled individual and group reservations elsewhere. If the arthotel burgdorf can provide the canceled services in the agreed period to a third party, the cancellation fee is reduced by the amount payable to the third party for the canceled service.
9. Impossible Arrival
If the guest do not arrive on time due to force majeure (flood, avalanche, earthquake, etc.), he is not obliged to pay the agreed remuneration for the missed days. The guest has to prove the impossibility of arrival. However, the obligation to pay for the booked stay is revived from the moment of arrival possibility.
10. Early Departure
If the guest departs early then the arthotel burgdorf is entitled to charge the entire booked services at 100% of the price. Arthotel burgdorf attempts to reassign the undrawn services in the case of early departure. If the arthotel burgdorf can reassign the undrawn services in the agreed period to third parties, the invoiced amount is reduced by the amount the third party paid for the canceled service.
11. Stay / Key / Security / Internet / Smoking
Arthotel burgdorf room is reserved exclusively for the registered guest. Leaving the room to a third party or used by an additional person is subject to approval of the arthotel burgdorf
By concluding a contract, the guest acquires the right to use the rented rooms and the facilities of the arthotel burgdorf of all booked persons who are written by the guest without special conditions for use, and to the usual services. The guest has to exercise its rights under any possible arthotel burgdorf and / or guest regulations (house rules).
The remainder of the issued room keys emitted from the arthotel burgdorf is the property of arthotel burgdorf and allows 24-hour access to the arthotel burgdorf rooms. The loss of the keys is to be reported to the front desk / management. Loss of keys will be charged to the guest bill.
For access to the Internet, the guest at the reception has his personal login data. This service is free for all guests. The guest is responsible for the use of his login data. He is liable for abuse and illegal behavior in Internet usage.
Smoking is not permitted throughout arthotel burgdorf.
12. Extension of Stay
With the absence of other arrangements, the guest has no claim to state that his stay is prolonged. If the guest on the day of departure the arthotel burgdorf cannot leave because unforeseen exceptional circumstances / force majeure (eg extreme snowfall, floods etc.) blocks out all possibilities or are not usable, the contract is automatically extended for the duration of such prevention until the previous conditions.
13. Additional conditions for groups
Group rates come only with prior agreement and written confirmation from the arthotel burgdorf. For a group with fewer than four people the rates for individuals apply. The collective investment and / or departure of groups should be sent to the arthotel burgdorf one day prior to arrival in writing. There is only one bill, which the travel manager creates, who has full responsibility for that amount.
The final number of persons of the group, including the contact list of participants, must be supplied to the arthotel burgdorf at the latest 10 calendar days before the group arrives. If the group is smaller than originally notified, then the missing persons provided are invoiced 50% of proportionately booked services. Extra people are counted and billed as individuals, subject to satisfiability. If cancellation of a group reservation, the cancellation fees listed under point 10 shall apply.
14. Food and Drink
Food and drinks can be ordered from burgdorf arthotel.
In special cases (specialties, etc.) it may have been made on a written agreement. In such a case, the arthotel burgdorf entitled to demand a service charge or a corkage.
15. Settlement of events
As far as the arthotel burgdorf procures technical and other equipment from third parties for the guest on his own initiative, this is at the expense of the guest.
The guest is liable for the careful handling and proper return of the equipment. Arthotel burgdorf shall be released by the guest from all third party claims arising from the provision of these facilities.
The use of own electrical equipment and devices under the guest's use of the arthotel burgdorf’s power grid requires the prior written authorization of the arthotel burgdorf. By using these systems, equipment problems and damages to technical equipment of arthotel burgdorf shall be borne by the guest, as the arthotel burgdorf is not responsible for this. The electricity costs arising from the use of electrical systems and equipment will be captured and calculated by the arthotel burgdorf through a flat rate.
The guest at the arthotel burgdorf is entitled to consent to use his own telephone, fax and data transmission equipment. Therefore, the arthotel burgdorf will request Subscriptions and fees.
Disturbances at the arthotel burgdorf due to provided technical or other equipment are eliminated through as quickly as possible. To the extent that the arthotel burgdorf is not responsible for the disturbances that are neither power nor claims justified liabilities.
The guest has to carry out all that may be necessary for the execution of the event official permits at its own expense. It is responsible for compliance with the permits and all other public law in connection with the event. Fines for infringement of the grants are to be paid by the guest.
The guest has to handle the necessary related to musical performance and sound formalities and billing own responsibility with the competent institutions (for example, SUISA).
16. The Guest Items Brought
Exhibit and other items, including personal items are at the risk of the guest in the event rooms or on the premises of arthotel burgdorf. Arthotel burgdorf accepts no Security and retention requirements. Arthotel burgdorf bores no liability for the loss, destruction or damage of objects brought, except for gross negligence or intent of the arthotel burgdorf. The insurance objects brought is borne by the guest.
Decorations brought in have to meet the fire regulations. Arthotel burgdorf is entitled to demand official proof. Because of possible damage, arthotel burgdorf shall not hang and attach the objects.
The incorporated exhibition or other items must be removed immediately after the end of the event. Abandoned objects will be removed and / or stored by the arthotel burgdorf at the expense of the guest. If the distance is associated with disproportionately high expenditure, the arthotel burgdorf will leave the objects in the conference room and ask for the duration of their stay the guest, which will be charged at the usual room rental fee.
Packaging materials (cardboard, boxes, plastic, etc.), which is obtained in connection with the delivery of the event by the host or a third party must be disposed by the host. Should the customer packaging material be left, the arthotel burgdorf is entitled to dispose it at the expense of the guest.
17. Actions, Use and Liability
a) arthotel burgdorf
Arthotel burgdorf constitutes liability to the host within the legal possibilities for light and medium negligence away and is liable only for intentional or grossly negligent damage. Should disruptions or defects in the performance of arthotel burgdorf occur, arthotel burgdorf strives to remedy this to the guest immediately. Any failure of the guest, to indicate the arthotel burgdorf in time, there is no right to reduce the agreed price. Arthotel burgdorf is liable for the items brought by the guests in accordance with statutory provisions, that is, up to the amount of CHF 1,000.00. Objects are kept by the guest in his arthotel burgdorf room and the position intended for the vault. The arthotel burgdorf is not liable for light to medium negligence. The arthotel burgdorf does not safekeep valuables (jewelery, cash securities, etc.), as the liability of the excluded arthotel burgdorf within the legal possibilities. Arthotel burgdorf recommends always storing money and valuables in the safe. If a possible damage is not informed to the arthotel burgdorf immediately after its discovery, the claims of the guest are not valid.
Arthotel burgdorf is liable under any legal title for services which it gives the guest. Arthotel burgdorf declines any liability for theft or damage of the introduced third party material.
The guest is liable against the arthotel burgdorf for all damages and losses caused by him, companion, their auxiliary personnel or event participants without the arthotel burgdorf the guest to prove fault.
The guest is responsible for the correct use and orderly return of all technical aids / devices, given the arthotel burgdorf provides or procured on his behalf of third parties. The guest is liable for damages and losses. The guest is liable for caused to services and expenses of the arthotel burgdorf to third parties.
If a third party has made the reservation for the guest, he is liable to the arthotel burgdorf. In conjunction with the guest jointly and for all obligations under the contract separately, each buyer is obliged to pass on all booking related information, including these terms and conditions to the guest.
18. Animal Husbandry
Animals are allowed with the prior approval of the arthotel burgdorf and a special payment to the arthotel burgdorfl. The guest who brings an animal into the arthotel burgdorf is obliged to keep the animal during its stay properly or to supervise or keep at his expense by appropriate third parties or to the watchful care.
19. Lost property
Found items are kept by the arthotel burgdorf three months after the guest's departure. The guest bears the costs and the risk for subsequent shipping.
In ambiguous ownership things be recycled at the end of a three-month retention period.
20. Other provisions
Should the guest services not be provided by the arthotel burgdorf, the arthotel burgdorf only acts as an intermediary. The statutory limitation periods. Unless they can be modulated, an absolute limitation period of 6 months shall apply to claims for damages to the guest's departure.
Advertisements in the media (such as newspapers, radio, television, Internet) with regard to events in the arthotel burgdorf, with or without use of the unchanged corporate logos, require the prior written approval of the arthotel burgdorf.
Defamatory or defamatory comments on evaluation platforms (such as. TripAdvisor) on services of arthotel burgdorf which are demonstrably not true and can be rebutted by the arthotel burgdorf, are displayed with the appropriate authorities. Compensation and satisfaction of claims are reserved by arthotel burgdorf.
Burgdorf, January 2016 aXpel hoga AG - arthotel burgdorf