Condizioni generali di contratto
These General Terms and Conditions of Business (hereinafter referred to as the GTCB) shall apply to the hiring of rooms and / or conference and banqueting facilities, as well as to all further services and supplies associated therewith which are provided by The Chedi Andermatt or Bellevue Hotel & Appartement Management AG (hereinafter referred to as The Chedi Andermatt) to a client (hereinafter referred to as the Organiser).
All offers of The Chedi Andermatt shall be based on these GTCB. These GTCB shall constitute an integral part of any agreement which is entered into. Any amendments to these GTCB shall require the express written agreement of the parties. Such a provision shall also apply to the waiver of this requirement that the written form be used. Should these GTCB conflict with any contractual terms of the Organiser, these GTCB shall take precedence over such conflicting terms.
2. Conclusion of the agreement
After the Organiser has made a reservation, they shall receive from The Chedi Andermatt a written booking confirmation (by e-mail, fax or letter). The agreement between the parties shall not come into force until such written booking confirmation is provided by The Chedi Andermatt to the Organiser.
3. Performance, payment and prices
3.1 The Chedi Andermatt undertakes to provide the services requested by the Organiser which The Chedi Andermatt has agreed in writing to provide.
3.2 All prices shall be in Swiss francs (CHF) and shall include value added tax (VAT) at the statutory rate.
3.3 The Chedi Andermatt shall be entitled at any time to demand an appropriate advance payment. The amount of such advance payment and the date by which it must be paid shall be agreed in writing in the agreement. Should the Organiser not comply with their obligation to make such an advance payment by the due date, The Chedi Andermatt, after having stipulated an appropriate further period for compliance, shall be entitled to withdraw from the agreement. The Organiser shall be liable to The Chedi Andermatt for any loss suffered by it as a result.
3.4 To the extent that no advance payment is demanded by The Chedi Andermatt, the entire invoiced amount shall be paid in full by the Organiser either by credit card or in cash before departure at the latest. If a request is made to make payment on receipt of invoice, the entire invoiced amount shall be due and payable within 30 days of date of invoice. In the event of late payment, The Chedi Andermatt shall be entitled to charge interest at a rate of 5% to the Organiser as well as any debt enforcement or collection costs incurred.
3.5 The Chedi Andermatt expressly reserves the right to alter its prices.
4.1 The Organiser shall be liable to The Chedi Andermatt for all damage and loss or other prejudice caused by themselves, their employees, their agents, the persons participating in their events or other third parties. The Chedi Andermatt shall not be liable for the theft of and damage to property which is brought onto its premises by the Organiser, the persons participating in the Organiser’s events or by third parties. The insurance of items placed on display and other objects which are brought onto the premises by the Organiser, the persons participating in the Organiser’s events or by third parties shall be the responsibility of the Organiser. The Chedi Andermatt may at any time demand from the Organiser evidence of adequate insurance cover.
4.2 The Organiser shall be obliged to keep the peace and maintain order. They undertake to keep The Chedi Andermatt indemnified in full against any civil law and public law claims which may be brought by public authorities or third parties (including persons participating in the Organiser’s events, guests or employees and contractual partners of the Organiser) as a consequence of their event, or to settle all such claims in their entirety.
4.3 The Chedi Andermatt shall only be liable in the event of contractual or non- contractual damage which is caused intentionally or as a result of gross negligence and only in respect of damage which is caused directly. The Chedi Andermatt shall have no further liability, and in particular no liability for ordinary or moderate negligence or for indirect loss, such as for example any loss of pro t. The Chedi Andermatt accepts no liability for services which are provided by a third party, including services that have been organised by The Chedi Andermatt.
5. Withdrawal of The Chedi Andermatt from the agreement
5.1 Should it be made materially difficult or impossible for The Chedi Andermatt to provide all or part of the services which it is contractually obliged to provide, as a consequence of an event of force majeure (according to the Swiss understanding particularly natural disaster such as heavy gale, floodings or earthquakes, as well as taking of hostages, war, riots and nuclear incidents, strikes, unforeseen regulatory restrictions, etc.) or other circumstances for which The Chedi Andermatt cannot be held responsible, The Chedi Andermatt may withdraw entirely or partially from the agreement in respect of that part of the agreement which remains to be performed, without being under an obligation to pay any compensation.
5.2 The Chedi Andermatt shall furthermore be entitled to withdraw from the agreement without being under an obligation to pay any compensation should there exist reasonable grounds for supposing that the event might jeopardise the smooth running of its business, the security or the public reputation of The Chedi Andermatt, or the Organiser breaches section 12 of these GTCB. The Chedi Andermatt expressly reserves the right to instigate claims for compensation against the Organiser.
6. Withdrawal of the Organiser from the agreement
Should force majeure make it impossible for the Organiser to use the agreed services, they may withdraw entirely or partially from the agreement in respect of that part of the agreement which remains to be performed, without being under an obligation to pay any compensation.
7. Arrival and departure times
The hotel rooms shall be ready for occupation from 3.00 pm on the date of arrival and shall be vacated by 12.00 o’clock noon on the date of departure.
8. Block bookings / room allocation
In relation to block bookings (bookings of 8 rooms or more), The Chedi Andermatt must receive from the Organiser 7 days at the latest before the date of arrival the following information:
- the guests’ first names and surnames
- their time of arrival
- their preferred method of payment
After expiry of the period set by The Chedi Andermatt, the rooms which have been allocated but are still available shall be released for other reservations.
9. Cancellation conditions for hotel room reservations
9.1 The cancellation of hotel room reservations must be communicated in writing to The Chedi Andermatt as early as possible. The following cancellation conditions shall apply both to the cancellation of reservations and to any nonappearances of which the Hotel has not been informed (no-shows), as well as in the event of early departures.
9.2 The cancellation of individual hotel room reservations (up to 7 rooms in total, excluding Top Suites) must be communicated to The Chedi Andermatt at the latest by 3.00 pm local time 2 days ( 48 hours ) before arrival. Should a reservation be cancelled within 24 hours prior to the date of arrival, the price of the room for one night shall be payable. For long-stay reservations for stays of more than 10 nights, the cancellation period is 7 days. Cancellation fees will be agreed in writing in the booking cofirmation. In cases of nonappearances (no-shows) or in the event of early departures, The Chedi Andermatt reserves the right to charge the full rate for all room nights that have not been taken.
9.3 The cancellation of a block booking of several hotel rooms (8 rooms or more in total) or of individual block-booked rooms must be communicated to The Chedi Andermatt within the following time periods at the latest:
- 8 to 15 rooms: 14 days before arrival
- 16 to 30 rooms: 28 days before arrival
- 31 to 99 rooms: 56 days before arrival
- 100 rooms or more: 84 days before arrival
In the event of a cancellation of all or part of a given block booking after the expiry of the periods set out above, the Organiser shall be charged cancellation costs calculated as follows (calculations are based on the maximum number of booked rooms on any of the days):
8 to 15 rooms:
- 7 to 13 days before the date of arrival: 50% of the total cost of all room nights
- 6 days or fewer before arrival: 100% of the total cost of all room nights
16 to 30 rooms:
- 14 to 27 days before the date of arrival: 50% of the total cost of all room nights
- 13 days or fewer before the date of arrival: 100% of the total cost of all room nights
31 to 99 rooms:
- 28 to 55 days before the date of arrival: 50% of the total cost of all room nights
- 27 days or fewer before the date of arrival: 100% of the total cost of all room nights
100 rooms and more:
- 60 to 83 days before the date of arrival: 50% of the total cost of all room nights
- 30 to 59 days before the date of arrival: 75% of the total cost of all room nights
- 29 days or fewer before the date of arrival: 100% of the total cost of all room nights
9.4 The cancellation of a reservation of one or more Top Suites must be communicated to The Chedi Andermatt 14 days (2 weeks) at the latest before the date of arrival. In the event of a cancellation after this point in time, the Organiser shall be charged cancellation costs calculated as follows:
- 7 to 13 days before the date of arrival: 50% of the total cost of all room nights
- 6 days or fewer before the date of arrival: 100% of the total cost of all room nights
9.5 Moreover, and in relation to all cancellations, any services which have been provided by The Chedi Andermatt and its partners in advance shall in each instance be paid for in full.
10. Change of booking by The Chedi Andermatt
If, for whatever reasons, The Chedi Andermatt is unable to provide the Organiser with one or more of the booked rooms, then The Chedi Andermatt shall provide a room of equal value. If no room of equal value is available, The Chedi Andermatt shall provide an available room in a different category.
Guests from The Chedi Andermatt are not allowed to use limousine companies arriving and departing from The Chedi Andermatt that have not been approved for liability reasons by the hotel.
12. Use of rooms / authorisations
12.1 The Chedi Andermatt reserves the right to change room allocations to the extent that the room corresponds to the requirements and interests of the Organiser and such change may be justified to the Organiser. The Organiser shall require the prior written consent of The Chedi Andermatt if they wish to letor sublet any rooms or areas.
12.2 To the extent that the agreement does not contain any provisions to the contrary, the Organiser must obtain all necessary authorisations at their expense. The Organiser shall give prior notification of any arrangements for royalties due to the performance of music, and they shall pay these royalties.
13. Number of participants
13.1 The Organiser shall inform The Chedi Andermatt as early as possible of the final number of participants (the guaranteed number).
We will calculate the costs for a reduction in the number of participants as follows:
- Free of charge reduction of the number of participants up to 30 days before the event.
- Free of charge reduction of the number of participants between 10 and 30 days before the event, where the reduction does not exceed 20% of the number of originally confirmed participants.
13.2 The final number of guest has to be confirmed in written 72 hours before the event. This number will be taken for final billing even if the confirmed number will not be reached. If there are any changes in the number of participants, they have to be sent to The Chedi Andermatt in written form and will be checked by the hotel. In case of deviation in the number of guests, The Chedi Andermatt is entitled to newly define the confirmed prices and to change the conformed location.
14. Fire regulations / other safety regulations / installing decorations
14.1 The Organiser undertakes to comply with the re regulations of The Chedi Andermatt, and in particular not to block escape routes, to observe the no-smoking rule, etc. Furthermore, any decorations installed by the Organiser must adhere to the re regulations.
14.2 The Organiser shall furthermore be responsible for ensuring that the number of persons to whom access is granted does not exceed the capacity of the room used. The maximum figures set by The Chedi Andermatt shall be binding in this respect. The Chedi Andermatt shall not be liable in the event of non-compliance with this provision.
14.3 The hanging of decorations and other objects on walls, doors and ceilings shall in all circumstances require the prior consent of The Chedi Andermatt. The Organiser shall be liable for any damage caused to The Chedi Andermatt by such decorations and other objects.
15. Printed material / media advertising
The use of logos / pictures of The Chedi Andermatt in any form by the Organiser shall in all circumstances require the prior written consent of The Chedi Andermatt. If a logo / picture is published without the appropriate consent having been obtained, The Chedi Andermatt shall be entitled to withdraw from the agreement. The Organiser shall be liable to The Chedi Andermatt for any damage caused thereby.
From midnight onwards, a night surcharge of CHF 10.00 shall be charged per guest per hour and each part hour (subject to a minimum surcharge of CHF 250.00 per hour).
Should no other agreement be reached in writing, the Organiser shall be obliged to procure all food and drinks from The Chedi Andermatt. Otherwise a corkage fee shall be payable which shall be agreed in advance.
18. Cancellation of the event by the Organiser
18.1 Cancellation of the reservation of event facilities must be communicated in writing to The Chedi Andermatt as early as possible. Should written notice of the cancellation be received 91 days before the date of the event at the latest, no costs shall be incurred.
18.2 In the event of cancellations 90 days or fewer before the date of the event, the room rental fee and the following fixed cancellation fees based on the anticipated invoice amount shall be invoiced to the Organiser (calculated on the basis of the number of participants stated in the booking confirmation:
- Cancellation 31 - 90 days in adcance: 30% of booked turnover
- Cancellation 15 - 30 days in advance: 80% of booked turnover
- Cancellation from 14 days in advance: 100% of booked turnover
18.3 Any services provided by The Chedi Andermatt in advance shall in all circumstances be paid for.
19. Cancellation conditions for treatments
The cancellation of an appointment for treatments must be communicated to The Chedi Andermatt 24 hours before the time of the appointment at the latest. In the event of a cancellation within 24 hours before the appointment for treatments, the entire invoice amount shall be charged.
Applicable law / place of jurisdiction
The agreement shall be governed exclusively by Swiss law. The place of performance and place of jurisdiction shall be Andermatt. Should any individual provision of these GTCB not have any legal effect, this shall not affect the validity of the remaining provisions. In such a case, the provision which is ineffective shall be replaced by an analogous provision which shall however be effective.
Andermatt, December 2017