House rules and general terms and conditions

House rules

 

1. Introduction

The house, its furniture and the area should be treated by all users in such a way that damage is avoided.

 

2. Rubbish

Please put all waste in the provided bins.

 

3. Smoking

Smoking is forbidden in the whole house as well as on the balconies. Please smoke outside and dispose the cigarettes in the designated ashtrays. The house is equipped with a fire alarm system. If the fire alarm is set off through smoking, candles, etc the fire brigade will have a high-speed response resulting in high amounts of cost. The tenant is liable for all the cost arising.

 

4. Stock

Damage of any kind, as well as missing or broken kitchenware, damaged floors, walls, washbasins, toilets, furniture, etc. must be reported to the landlord. Replacement or repair will be arranged by the property management and charged to the tenant in the event of negligent behaviour.

 

5. Doors and windows

Close the windows when it is raining, cold or when leaving the house. The doors must be closed at all times.

 

6. Keys

The keys to the rooms need to be put back into the key lock at the time of departure. Missing keys must be charged to the tenant at an amount of CHF 40 per key.

 

7. Nighttime peace

From 10 pm to 8 am, the volume must be adjusted so that guests and residents can sleep in the rest of the house. Around the house and in the corridors there is a night’s rest during this time. Screaming, jumping, dancing, piano playing and the like are to be avoided in the common rooms. Music is only allowed at room volume. Exceptions to this rule must be requested at the time of booking and agreed in writing.

 

8. Barbecue area

The outdoor fireplace can be used. You can find wood under the house. After the fire has ended, please make sure that the fire has completely gone out. Please leave the barbecue area as you found it.

 

9. Leaving the accommodation

The tenant puts all trash into the trash bins. Also, the tenant makes sure that all members of the group are instructed how to use the bathroom correctly. This means especially the correct use of the shower curtain and toilet. Should the bathrooms be used in such a way that the carpet in the bedroom gets wet, a surcharge for special cleaning efforts of CHF 50 per room will arise.

 

Thank you for your support!

General Terms and Conditions for Guests

 

Hotel and group accommodation Z Aeschiried represented by Z Hause GmbH, Alpenstrasse 31, 3626 Hünibach (hereinafter referred to as “hotel”)

 

I. Subject matter and scope

  1. These terms and conditions shall apply to contracts for the accommodation of guests as well as to all other services and deliveries of the hotel rendered to the guest.
  2. Deviating provisions, including those contained in the general terms and conditions of the guest or the customer, shall not apply unless expressly accepted by the hotel in writing.
  3. The Terms and Conditions shall be deemed to be an inherent part of the accommodation contract concluded between the Hotel and the Guest. The guest has expressly accepted the terms and conditions with his booking request. Also the booking request by email, fax or telephone is considered as acceptance of the terms and conditions.

II. Conclusion of contract

  1. Upon a booking request by the guest, a guest accommodation contract (hereinafter referred to as “contract”) is concluded with the corresponding booking confirmation by the hotel.
  2. The contracting parties are Z Hause GmbH with its registered office in 3626 Hünibach (hereinafter “Hotel”) and the Guest. 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 the joint and several debtor for all obligations arising from the Contract. Independently of this, each ordering party is obliged to pass on to the guest all information relevant to the booking, in particular these general terms and conditions.
  3. Sub-letting and re-letting of the rooms provided as well as their use for purposes other than accommodation require the prior written consent of the hotel.

III. Services, Prices, Payment

  1. The hotel is obligated to provide the rooms booked by the guest in accordance with these general terms and conditions and to render the agreed services.
  2. The guest is obligated to pay the prices of the hotel applicable or agreed for the provision of the room and the other services utilized by him. This shall also apply to services and expenses of the Hotel vis-à-vis third parties, e.g. catering, arranged by the Guest or the Customer.
  3. The agreed prices include the respective statutory value added tax. If the period between conclusion and performance of the contract exceeds four months, and if the price generally charged by the hotel for such services increases, the hotel may increase the contractually agreed price by a reasonable amount, but by a maximum of 10%.
  4. The prices may also be changed by the hotel if the guest subsequently requests changes in the number of rooms booked, the hotel’s services or the length of the guest’s stay, and the hotel agrees to such changes.
  5. All prices are quoted in Swiss francs (CHF). If not agreed otherwise they apply per room and night, including value-added tax and excluding cleaning fee and visitor’s tax, unless otherwise agreed in writing in advance. The parties may agree in writing in advance on another currency. For the conversion, the daily exchange rate for the purchase of foreign currency of a Swiss banking institution on the day of invoicing shall apply.
  6. For individual travelers, the stay is to be paid immediately upon booking, unless otherwise agreed. In the case of group travel, a deposit is due immediately, which makes the reservation definitive. Likewise, further invoices of the hotel are due for payment immediately upon receipt without deduction. Unless otherwise agreed, the guest is automatically in default without reminder if he does not make payment within 30 days after the due date and receipt of an invoice. In the event of late payment, the Hotel shall be entitled to charge interest on arrears to private individuals at a rate of 5% of the invoice amount. In business transactions, the default interest rate is 8%. The hotel reserves the right to claim higher damages. The hotel may charge a reminder fee of CHF 10.00 for each reminder sent after default has occurred. If the reminder is unsuccessful, the hotel may assign the claim to a third party. If the guest is in default of payment.
  7. The hotel is entitled to demand a reasonable advance payment or security deposit upon conclusion of the contract or thereafter. The amount of the advance payment and its due date may be agreed in writing in the contract. The hotel is also entitled to call in claims accrued during the guest’s stay at the hotel at any time by issuing an interim invoice and to demand immediate payment.
  8. Offsetting of any counterclaims against claims of the hotel is excluded. Payments are to be made irrespective of any complaints. Retention of payment is not permitted

IV. Withdrawal of the guest, cancellation

  1. The hotel grants the guest a right of withdrawal at any time. The following provisions shall apply:
    1. In the event that the guest withdraws from the booking, the hotel is entitled to reasonable compensation.
    2. The hotel has the option to claim a cancellation fee from the guest instead of a concretely calculated compensation. Unless otherwise agreed, the cancellation fee shall consist of the contractually agreed price less the cleaning fee and visitor’s tax. The guest is free to prove that the hotel has not incurred any damage or that the damage incurred by the hotel is lower than the requested compensation lump sum.
  2. The above provisions on compensation shall apply accordingly if the guest does not make use of the booked room or the booked services without notifying the hotel in due time.
  3. If the hotel has granted the guest an option in the contract to withdraw from the contract within a certain period of time without further legal consequences, the hotel shall have no claim to compensation. Decisive for the timeliness of the withdrawal notice is its receipt by the hotel. The guest must declare the withdrawal in writing.

V. Withdrawal of the hotel

  1. If the booking has not yet been definitively confirmed and agreed deposits or securities have been paid or the guest has been granted a right of withdrawal free of charge in accordance with Section IV, Paragraph 3, the hotel shall also be entitled to withdraw from the contract without any legal claims arising on the part of the guest.
  2. Furthermore, the hotel is entitled to withdraw from the contract for good cause, in particular in the event of
    • force majeure or other circumstances beyond the hotel’s control make it impossible to fulfill the contract;
    • rooms are booked under misleading or false statements of material facts, e.g. concerning the person of the guest or the purpose of the stay;
    • the hotel has reasonable grounds to believe that the use of the hotel service may jeopardize the smooth operation of the business, the safety or the reputation of the hotel in public, without this being attributable to the hotel’s sphere of control or organization,
    • there is an unauthorized subletting or subletting pursuant to Section II, Paragraph 3;
    • the hotel becomes aware of circumstances that the financial circumstances of the guest have deteriorated significantly after the conclusion of the contract, in particular if the guest does not pay due claims of the hotel or does not provide sufficient security and therefore payment claims of the hotel appear to be at risk;
    • the guest has become insolvent, in particular if he has become bankrupt or has been seized without success, has initiated judicial or extra-judicial proceedings for the settlement of debts or has suspended his payments.
  3. The hotel must inform the guest immediately in writing of the exercise of the right to withdraw from the contract.
  4. In the aforementioned cases of withdrawal, the guest shall not be entitled to any compensation for damages or any other compensation.
  5. In all other situations the hotel can offer a substitute service of equal or higher value in case of withdrawal. Should this not be possible, the hotel shall be liable for the damage demonstrably incurred, but at most to the extent to which the guest would be liable in the event of a simultaneous withdrawal from the contract. The hotel is free to prove that the guest has not suffered any damage or that the damage suffered by the guest is less than the compensation demanded.

VI. Arrival and departure

  1. The guest does not acquire a right to the provision of certain rooms, unless the hotel has confirmed the provision of certain rooms in writing.
  2. Booked rooms are available to the guest from 16.00 hours of the agreed arrival day. The guest has no right to earlier provision.
  3. On the agreed day of departure, the rooms must be vacated and made available to the hotel by 11:00 a.m. at the latest. In the case of group travel, the rooms must be vacated by 10:00 am. After this time, the hotel may charge CHF 35.00 per hour for the additional use of the room in addition to the damage incurred by the hotel, and 100% of the full valid room rate after 4:00 p.m.

VII. Liability of the Hotel, Limitation

  1. In the event of disruptions or defects in the hotel’s services, the hotel will endeavor to remedy the situation upon the customer’s immediate complaint. If the guest culpably fails to notify the hotel of a defect, the guest shall not be entitled to a reduction of the contractually agreed remuneration.
  2. The hotel shall be liable in accordance with the statutory provisions for all damages arising from injury to life, limb and health, as well as in the event of the assumption of a guarantee on the part of the hotel and in the event of fraudulently concealed defects.
  3. The Hotel shall only be liable for all other damages not covered by Section VII, Paragraph 2 and caused by slightly negligent conduct on the part of the Hotel, its legal representatives or its vicarious agents if such damages are attributable to the violation of a material contractual obligation in a manner endangering the purpose of the contract. In these cases, the liability is limited to the foreseeable damage typical for the contract.
  4. The above limitations of liability shall apply to all claims for damages, irrespective of their legal basis, including claims in tort. The above limitations of liability shall also apply in cases of any claims for damages by a guest against employees or vicarious agents of the hotel. They do not apply in cases of liability for a defect after the assumption of a guarantee for the quality of an object or a work, in the case of fraudulently concealed defects or personal injury.
  5. The hotel is liable to the guest for objects brought into the hotel in accordance with the statutory provisions, which means up to an amount of CHF 1,000, provided that the hotel is not at fault. If valuables (jewelry, etc.), cash or securities are not handed over to the hotel for safekeeping, the hotel shall only be liable in the event of intent or gross negligence. In any case, the liability is limited to a maximum of CHF 5,000. The guest’s claims expire if he does not report the damage immediately after its discovery.
  6. Insofar as a parking space is made available to the guest in the hotel garage or in a hotel parking lot, even for a fee, this shall not constitute a deposit agreement. The hotel is not obliged to monitor the parking space. In the event of loss of or damage to motor vehicles parked or maneuvered on the hotel property and their contents, the hotel shall not be liable unless the hotel, its legal representatives or its vicarious agents are responsible for intent or gross negligence. In this case, the damage must be claimed against the hotel at the latest when leaving the hotel property.
  7. Messages, mail and consignments of goods for the guests will be handled with care. Upon request, the hotel will deliver, store and, upon request and for a fee, forward the same, as well as, upon request, lost property. Claims for damages, except for gross negligence or willful misconduct, are excluded.
  8. Lost property will be kept by the hotel for 1 month. After this period, the hotel is entitled to dispose of lost property as it sees fit.
  9. The legal limitation periods apply. Insofar as these can be amended, an absolute limitation period of 3 months after departure shall apply to the guest’s claims for damages.

VIII. Liability for damages

  1. The house rules are an integral part of the contract. In the absence of any other agreement, in the case of travel groups, the booking person is responsible for the group and its compliance with the house rules, as well as for holding the landlord harmless.
  2. From the moment the keys are handed over, the guest is liable for any damage to the rented property or furniture. Damage caused by the guest or his travel group will be charged at replacement cost (new price plus procurement costs and installation costs). Also considered as damage is excessive pollution, such as smoking or cooking in the room or causing flooding. This also includes a return of the accommodation that otherwise deviates significantly from the agreement. The guest shall bear the costs for the fire department to be called out due to improper behavior, the additional cleaning effort in case of excessive soiling as well as the damage incurred if the rooms cannot be rented out on the same day. Settlement will be made by the person responsible for the tour group. Corresponding claims are to be settled within 14 days after invoicing.

IX. Final provisions

  1. Changes or additions to the contract, the application acceptance or these terms and conditions for the guest accommodation contract must be made in writing. Verbal agreements are to be confirmed in writing. Unilateral changes or additions by the customer are invalid.
  2. Should individual provisions of these General Terms and Conditions for the Accommodation of Guests be or become invalid or void, this shall not affect the validity of the remaining provisions. Rather, the affected provision will be reduced in its content to the permissible extent. In all other respects the statutory provisions shall apply.
  3. The place of performance and payment is the registered office of the hotel.
  4. The parties shall first attempt to settle any differences amicably among themselves. The exclusive place of jurisdiction is the registered office of the hotel. However, the hotel is at liberty to file suit at the guest’s place of residence.
  5. The legal relationship shall be governed exclusively by Swiss substantive law to the exclusion of the provisions of international private law.

July 2020