Terms & Conditions

General terms and conditions for staying at the Waldhotel Arosa:

I. Area of application
1.1 These GTC apply to all contracts between Waldhotel Arosa AG and its customers in relation to all services offered, including accommodation, events, seminars and catering services.

1.2 Deviating contractual terms and conditions of the customer shall only apply if they have been confirmed in writing by the Waldhotel Arosa AG.

1.3 These GTC supplement the ‘General Terms and Conditions for Events and Group Reservations’. In the event of contradictions, the specific GTC for events shall take precedence.

1.4 The terms used in these GTC are gender-neutral and include all genders.

1.4 The masculine form used below also includes the feminine form of the respective term.

1.5 The contractual language is German.

1.6 The currently valid version of these GTC is available at https://www.waldhotel.ch/de/agb. A printed version can be requested at reception.

II. Offer and contract conclusion
2.1 The presentation of services by Waldhotel AG does not constitute a legally binding offer, but rather an invitation to book or order.

2.2 Unless otherwise agreed, the contract is concluded by the written and concurring declaration of both contractual partners (i.e. the Waldhotel AG and the customer). If the customer is not the contracting party itself, but instead makes the booking or order for a third party as the contracting party, the customer shall be jointly and severally liable for all obligations arising from the contract alongside the contracting party.

2.3 Notwithstanding clause 2.2, the following applies to hotel room reservations: After the customer has made a room reservation, he will receive a written confirmation (usually by e-mail) from WALDHOTEL AG. Until this confirmation is received, the contract between the customer and WALDHOTEL AG shall not yet be deemed to have been concluded. The contract between the customer and WALDHOTEL AG only becomes binding when WALDHOTEL AG sends the written confirmation of the reservation (usually by e-mail) to the customer.

2.4 Bookings of restaurant services and treatments at the Waldhotel Spa made on site, by telephone or by email can be confirmed in writing at the customer's request. In principle, the contract is also concluded without written confirmation based on the concurring declaration. If the customer requests a written confirmation (usually by e-mail), the contract is only concluded when the confirmation is sent by WALDHOTEL AG.

III. Services, prices and payments
3.1 WALDHOTEL AG undertakes to provide the services that have been booked or ordered by the customer and confirmed by WALDHOTEL AG in writing (usually by e-mail).

3.2 All prices are quoted in Swiss francs (CHF) and include statutory value added tax (VAT). The room prices quoted do not include the cantonal visitor's tax applicable at the time of the stay.

3.3 WALDHOTEL AG reserves the right to limit the duration of services offered by it without consideration (e.g. free of charge, not as compensation for a cancelled service or for a service provided in return). There is no entitlement to the provision of such services without consideration by WALDHOTEL AG. If a voucher is issued for the provision of such a service without consideration, the offer to provide the service is only valid for the period of validity printed on the voucher.

3.4 If WALDHOTEL AG does not require a deposit or advance payment, which is deducted from the invoice amount of the relevant invoice by WALDHOTEL AG, the full invoice amount must be paid by the customer at the latest on departure by means of a credit card (Mastercard, VISA, AMEX), bank card (EC/Maestro, Postcard), debit card, TWINT or in cash accepted by WALDHOTEL AG. If the customer pays by debit or credit card, the card details will be transmitted to WALDHOTEL AG as part of the payment process. Once proof of legitimisation as the legitimate cardholder has been provided, WALDHOTEL AG will request the card company to initiate the payment transaction immediately after the payment process has been initiated. The payment transaction will be carried out automatically by the credit or debit card company and the card will be debited. If the parties have agreed payment against invoice, the entire invoice amount is due 30 days after the invoice date without further notice. In the event of default, WALDHOTEL AG shall be entitled to charge interest at a rate of 5% p.a. from the first day of default and to charge the customer any debt collection costs. For cash payments on site, EUR can also be accepted at the current daily exchange rate of the price in Swiss francs. However, the customer has no right to payment in EUR. Neither as a cash payment nor as a card payment.

3.5 If a deposit or advance payment for a future service has been agreed, the invoice amount is due 30 days after the invoice date or after the deadlines stated in the invoice without further ado. In the event of default, WALDHOTEL AG reserves the right to cancel the booking at any time and without prior notice and to withdraw from the contract. WALDHOTEL AG expressly reserves the right to revise the prices after the payment deadline has elapsed and to conclude a new contract for the service with the customer.

3.6 All room reservations are subject to various tariff conditions and included services to be consumed during the customer's stay in accordance with the original booking confirmations (booked packages). If such services included in the rate programme are not consumed during the guest's stay in accordance with the original booking confirmation, these included services will not be credited or refunded for stays. The included services that are not used or not utilised during the stay expire immediately.

3.7 All reservations or bookings listed below are considered group bookings. They are subject to separate contractual conditions: a) Reservations or bookings of ten or more rooms for the same arrival and departure date and/or under the same name and/or by the same customer. b) Reservations or bookings of ten or more treatments, treatments or reservations in the same operating area and/or under the same name and/or by the same customer on the same day. c) Table reservations for ten people or more at the same time, in the same restaurant and/or under the same name and/or from the same customer.

3.8 The constellations listed in Section 3.7 are summarised by WALDHOTEL AG as a group and are therefore not subject to these GTC, but to the specific GTC for ‘Events and group reservations of any kind’.

3.9 The booked rooms may be occupied by a maximum of the number of persons per room category/type specified by WALDHOTEL AG (see also Section 7.2).

3.10 WALDHOTEL AG may arrange purchases of services between the customer and external service providers. The customer may be charged up to 15% of the external service price for this intermediary activity and the resulting extra costs for WALDHOTEL AG. WALDHOTEL AG shall inform the customer of the applicable surcharge for the service in an appropriate manner. The Waldhotel accepts no liability for externally booked services.

IV. Validity of the house rules
4.1 The house rules published in the various areas of WALDHOTEL AG form an integral part of these GTC. They are published in the respective area in the currently valid version. The guest ABC is also part of the house rules.

V. Occupation and return of the hotel rooms and suites
5.1 The hotel room or suite can be occupied from 4.00 p.m. on the day of arrival (check-in). The room must be returned by 11.00 a.m. on the day of departure (check-out).

5.2 If the customer checks out after 11.00 a.m. on the day of departure without prior authorisation from WALDHOTEL AG, WALDHOTEL AG shall charge the customer CHF 50.00 per hour or part thereof on check-out and 100% of the room rate applicable to the room type in question for one night on check-out after 6.00 p.m.

5.3 Should it become impossible to provide the hotel rooms booked in advance due to unexpected circumstances, WALDHOTEL AG shall be obliged to organise accommodation in a hotel of at least the same category and comparable quality. Exceptions to this obligation are circumstances in accordance with sections 6.1 and 6.2). WALDHOTEL AG shall bear all costs associated with the reorganisation, such as transport from WALDHOTEL AG to the alternative hotel. WALDHOTEL AG shall not bear any costs other than those mentioned above, but shall bear the price difference between the room rate booked and that of the alternative accommodation. The customer must therefore pay the room rate to WALDHOTEL AG in accordance with the contract/agreement. If the room rate of the alternative accommodation is lower than that of the room booked with WALDHOTEL AG, the customer shall pay the more favourable room rate of the alternative accommodation.

VI. Force majeure and cancellation by Waldhotel AG
6.1 If the service that WALDHOTEL AG is required to provide under a contract with the customer is made significantly more difficult or impossible in whole or in part due to force majeure (in particular also epidemics, pandemics, official orders) or other circumstances beyond the control of WALDHOTEL AG, WALDHOTEL AG may withdraw from the contract in whole or in part without compensation up to the amount of the unfulfilled part of the contract.

6.2 WALDHOTEL AG may also withdraw from the contract without paying compensation if there are good reasons for WALDHOTEL AG to suspect that the customer's stay could jeopardise the smooth operation, safety or reputation of WALDHOTEL AG. In this respect, WALDHOTEL AG expressly reserves the right to assert claims for damages against the customer.

VII. Official fire protection regulations / other safety regulations / installation of decoration material
7.1 The customer agrees to comply with all fire safety regulations of WALDHOTEL AG, in particular with regard to keeping escape routes clear, complying with the smoking ban and the ban on lighting candles in the hotel rooms. If the customer brings in decoration materials, these must comply with the official fire safety regulations. In the event of uncertainty regarding compliance with these regulations, the customer undertakes to clarify in advance with WALDHOTEL AG whether the decoration material may be used. WALDHOTEL AG reserves the right to prohibit the use of certain decoration materials.

7.2 The customer undertakes to ensure that no more persons have access to the booked room types than is permitted under the hotel's rules and regulations. The maximum number of persons permitted to occupy a room type as specified by WALDHOTEL AG is binding. In the event of a breach of these regulations, WALDHOTEL AG accepts no liability whatsoever and reserves the right to take the necessary measures (e.g. providing an additional room at a charge, turning away guests or similar measures).

7.3 The attachment of decorative materials and/or other objects to the walls, doors and ceilings of the premises of WALDHOTEL AG shall always require the prior consent of WALDHOTEL AG. The customer shall be fully liable for all damage incurred by WALDHOTEL AG through the use of these decorative materials and/or other objects.

VIII. Cancellation policy and cancellation costs
8.1 Cancellations must generally be made in writing. In the summer season: In the case of a regular booking, reservations can be cancelled free of charge up to 3 days before arrival. After this deadline, the reservation is 100% chargeable. Deposits paid will be refunded in full before the deadline. In the winter season: For regular bookings, reservations can be cancelled free of charge up to 10 days before arrival. After this deadline, your reservation is 100% chargeable if the rooms can no longer be re-let. Deposits paid will be refunded in full before the deadline. Christmas/New Year: If you book during Christmas & New Year, you can cancel your reservation free of charge up to 45 days before arrival. After this period, the reservation is 100% chargeable if the rooms can no longer be re-let. Deposits paid will be refunded in full before the deadline.

8.2 Furthermore, the hotel is entitled to extraordinary cancellation of the contract for objectively justified reasons, for example if
a) force majeure or other circumstances for which the hotel is not responsible make fulfilment of the contract impossible.
b) rooms are booked with misleading or false information regarding material facts, e.g. the identity of the customer or the purpose of the booking
c) the hotel has justified cause to believe that the use of the hotel's services may jeopardise the smooth operation, security or public reputation of the hotel, without this being attributable to the hotel's sphere of control or organisation.

8.3 In the event of justified cancellation by the hotel, the customer shall have no claim to compensation.

8.4 Cancellations of hotel rooms booked in connection with events are governed by the ‘General Terms and Conditions for Events and Group Reservations of All Kinds’.

8.5 Cancellations for booked events without hotel rooms are regulated directly in the reservation confirmation with regard to the booked rooms and generally in the ‘General Terms and Conditions for Events and Group Reservations of All Kinds’.

8.6 Cancellations for services booked at the Waldhotel Spa (subject to package services in accordance with Section 8.4) and table reservations in the restaurants must be made to WALDHOTEL AG at least 24 hours before the booked date. If a cancellation is received less than 24 hours before the booked date, WALDHOTEL AG reserves the right to charge the customer for the booked service in full.

8.7 Instead of a cancellation, the booked services may be used by a substitute person sent by the customer. The replacement person must be notified to WALDHOTEL AG in advance if possible.

IX. Damages, liability, statute of limitations
9.1 The customer shall be liable for all damage caused by him or third parties attributable to him during the stay.

9.2 If WALDHOTEL AG suffers damage due to the customer's behaviour in breach of contract, the customer shall bear the costs.

9.3 WALDHOTEL AG's liability for slight negligence shall be excluded to the extent permitted by law. Waldhotel Arosa AG shall be liable without limitation in the event of gross negligence or wilful intent, as well as for personal injury.

9.4 WALDHOTEL AG accepts no liability for theft of or damage to items brought into the hotel, unless gross negligence is involved.

9.5 Messages, post and deliveries to the customer shall be handled with care. Liability is excluded.

9.6 If WALDHOTEL AG places orders with third parties (e.g. external service providers or suppliers of goods) on behalf of and in the name of the customer and these services of WALDHOTEL AG are settled by the concierge service of WALDHOTEL AG against receipt via the customer's current hotel bill (paid-outs), WALDHOTEL AG rejects any liability for the correctness of the third party's invoicing. The customer undertakes to assert claims for the orders directly with the third party.

X. Data protection
The collection and processing of personal data by WALDHOTEL AG is explained in the privacy policy. This forms an integral part of these GTC and the customer declares that he has taken note of it and agrees to it. The privacy policy is available at: https://www.waldhotel.ch/de/datenschutzerklaerung.

XI. Severability clause
Should a provision of these GTC be invalid in whole or in part, it shall be replaced by an equivalent provision that comes closest to the economic value of the invalid provision. This shall not affect the validity of the remaining provisions.

XII. Adjustment of the GTC
WALDHOTEL AG reserves the right to amend these GTC at any time. The currently valid version will be published on this website and applies to transactions within the scope of these GTC that take place from the date of activation. The version of the GTC valid at the time of the transaction shall be authoritative.

XIII. Place of jurisdiction and applicable law
13.1 All legal relationships between Waldhotel Arosa AG and the customer shall be governed exclusively by Swiss law, to the exclusion of international private law.

13.2 The exclusive place of jurisdiction is Arosa. Mandatory legal jurisdictions remain reserved.

 

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