General Termes and Conditions GTC
1. BASIC PRINCIPLES
These General Terms and Conditions (GTC) govern the legal relationship between the guest/customer, hereinafter referred to as the guest, and Hotel Beau-Séjour SA as the operator of the Boutique Hotel Beau-Séjour & Spa, hereinafter referred to as the hotel. For the sake of simplicity, these General Terms and Conditions of Business always refer to a contract - regardless of the service concerned.
The hotel's general terms and conditions of business in effect at the time the contract is concluded shall apply exclusively. The general terms and conditions of the Guest shall only apply if this has been expressly agreed in writing before the contract is concluded.
Should individual provisions of these terms and conditions be invalid or unenforceable, this shall not affect the validity of the contract and the remaining provisions of the terms and conditions. Otherwise, the statutory provisions shall apply.
2. JURISDICTION / APPLICABLE LAW
The place of jurisdiction for any disputes arising from this contract is Monthey, Valais, insofar as no other legally binding place of jurisdiction exists.
All contracts, reservation agreements, any supplementary agreements and general terms and conditions are governed exclusively by Swiss law. The place of performance and payment is the headquarters of the hotel.
Groups : Groups in the sense of these T&Cs are groups of travelers with a minimum of 7 rooms booked.
Written Confirmations: Messages by mail, social network messengers, email, automatic email are considered written confirmations.
The contracting parties are the client and the hotel.
4. OBJECT OF THE CONTRACT / SCOPE OF APPLICATION
The contract for the rental of rooms, seminar rooms, areas and the purchase of other deliveries and services is concluded with the written confirmation of the guest or by implication. A reservation made on the day of arrival is binding upon acceptance by the hotel.
Changes to the contract are only binding on the hotel after (written) confirmation. Unilateral changes or additions to the contract by the guest are not effective. The subletting and subsequent renting of the rooms made available and their use for purposes other than accommodation require the prior written consent of the Hotel.
5. 5. SCOPE OF SERVICES
The scope of the contractual services is determined by the individual reservation made and confirmed by the Guest. Subject to other contractual agreements, the Guest is not entitled to a specific room.
If, despite a confirmed reservation, no room is available at the Hotel, the Hotel shall inform the Guest in good time and offer an equivalent replacement in a geographically nearby hotel of comparable or higher category. Any additional expenses for the replacement room will be borne by the hotel. If the guest refuses the replacement room, the hotel must immediately refund the services already provided by the guest (e.g. deposits). The guest has no further claims.
6. DURATION OF USE
Subject to any other agreements, the Guest is entitled to use the rented premises from 3:00 p.m. on the agreed date of arrival until 11:30 a.m. on the date of departure. In case of arrival after 9:00 pm, the hotel must be informed by telephone or in writing of the guest's late arrival by 7:00 pm on the day of arrival, otherwise the hotel may freely dispose of the rooms.
In the event of late check-out by the guest of one hour or more, the hotel may charge up to 100% of the total room rate (daily rate displayed on the hotel's website search engine) for use beyond the contractual period. This does not give rise to any contractual claims on the part of the guest for the ordinary continued use of the premises; the right to claim damages remains reserved. In the event of late departure from the room, the hotel reserves the right to remove the guest's belongings from the room and store them in a suitable place in the hotel for a fee.
7. PRICES / OBLIGATION TO PAY
The prices quoted by the Hotel are in Swiss francs (CHF) and include the statutory VAT and other taxes. Tourist taxes are only included in the price if this is explicitly stated. The guest is obliged to pay the agreed or valid prices of the hotel for the provision of the room and other services. This also applies to the orders of his companions and visitors. Any increase in statutory taxes after the conclusion of the contract shall be borne by the guest. The prices indicated in foreign currencies are indicative values and are charged at the current rate. The valid prices are those confirmed by the hotel.
Prices may be changed by the Hotel if the Client subsequently requests changes to the number of rooms booked, the Hotel's services or the length of the Client's stay. Depending on what has been agreed, the hotel may request a deposit by bank transfer, credit card, cash or online payment system, of 50 to 100% of the total amount of the reservation. The deposit is to be considered as a partial payment of the agreed fee. The hotel may also require a (valid) credit card guarantee instead of a deposit. The deadline for advance payment is set out in the booking confirmation. The costs of the transfer are to be borne by the debtor.
In case of a non-refundable reservation (discounted fare), the full amount will be charged to the credit card at the time of booking. These reservations are non-refundable, i.e. they cannot be changed and do not entitle to a refund of the deposit.
If the deposit is not paid or the credit card guarantee is not honored within the stipulated period, the Hotel may cancel the contract (including all promised services) without delay (without notice) and demand payment of the cancellation fee mentioned in point 9 of these terms and conditions. The Hotel shall be entitled to issue a statement or interim statement of its services to the Client at any time.
The final invoice shall include the agreed price plus any additional amounts due to additional services provided by the Hotel for the Guest and/or accompanying persons. The final invoice must be paid - subject to other agreements - at the latest at check-out on the day of departure, in Swiss Francs, Euros, cash or by accepted credit card. REKA checks are accepted up to 50% of the total amount defined at the time of booking. For each reminder, the hotel may charge a reminder fee of CHF 20 plus 5% interest on arrears. The exception of set-off is excluded for the hotel's claims.
8. CANCELLATION BY THE HOTEL
Up to and including 15 days prior to the agreed date of arrival of the Guest, the Hotel may terminate the contract free of charge. In addition, the hotel is entitled to terminate the contract at any time for objectively justified reasons by means of an immediate unilateral written declaration with immediate effect: The following are, for example, considered objectively justified reasons:
- an agreed advance payment or a guarantee is not provided within the period set by the hotel;
- force majeure or other circumstances not attributable to the hotel that make it objectively impossible to perform the contract;
- rooms or premises are booked or used on the basis of misleading or erroneous information, e.g. regarding the person of the guest or the purpose of the use or stay;
- the hotel has good reason to believe that the use of the agreed services could be detrimental to the proper operation of the business, the safety of other hotel guestsor the reputation of the hotel;
- the client has become insolvent (bankruptcy or unsuccessful seizure) or has ceased payments;
- the purpose or reason for the stay is contrary to the law.
In the event of the hotel's withdrawal for the above-mentioned reasons, the guest is not entitled to any compensation and the compensation for the services booked remains due in principle.
Additional offers "Cable car and public transport included" (summer season) and "Sleep + Ski" (winter season):
If the cooperation with the partners of these two additional offers should be dissolved for any reason, the hotel may withdraw from this offer at the latest 60 days before the guest's arrival, without this resulting in any compensation or provision of services.
9. CANCELLATION OF THE RESERVATION / CANCELLATION FEES
The conditions described below are valid for all reservations made directly with the hotel or through its website. Third party platforms have their own conditions.
The cancellation of a reservation requires the written agreement of the hotel. If the cancellation does not take place, the agreed price must be paid even if the guest does not use the contracted services. In the event of a no-show, 100% of the booked services will be charged.
The date on which the Hotel receives the Client's written cancellation is decisive for the calculation of the cancellation fee. This applies to both letters and e-mails.
If the Client withdraws from the contract without an approved cancellation, or if changes or cancellations of certain booked services are made, the Hotel may charge the following cancellation fees.
The Hotel recommends that the Client take out cancellation insurance.
b) Cancellation fees
Standard cancellation policy in winter:
- More than 15 days before arrival: free of charge.
- From 15 days prior to arrival: 100% of the agreed arrangement.
- Non-arrivals and early departures are charged the full amount.
Standard cancellation conditions in summer:
- More than 5 days before arrival: free of charge.
- From 5 days prior to arrival: 100% of the agreed arrangement.
- Non-arrivals and early departures are charged the full amount.
Standard cancellation policy for groups (7 rooms or more) :
- More than 60 days before arrival: free of charge.
- From 60 days prior to arrival: 100% of the agreed arrangement.
- Non-arrivals and early departures are charged with the full amount.
Special provisions apply to exclusive rentals and to reservations during high season periods such as Christmas/New Year.
Non-refundable reservations are non-refundable. The total amount of these reservations is already charged at the time of booking. Reservations cannot be changed and do not entitle the client to a refund of the deposit.
SEMINARS & BANQUETS
Standard cancellation policy for banquets and seminars (without accommodation):
- More than 30 days before the event: free of charge.
- More than 15 days before the event: 50% of the agreed services.
- More than 7 days before the event: 75% of the agreed services.
- From 7 days before the event: 100% of the agreed services.
Special provisions apply to weddings, Christmas meals and exclusive rentals.
10. IMPOSSIBLE ARRIVAL
If, in case of force majeure (flood, avalanche, earthquake, etc.), the guest cannot arrive or cannot arrive in time, he/she is not obliged to pay the agreed price for the missed days. The guest has to prove the impossibility of arrival. However, the obligation to pay for the booked stay revives as soon as arrival is possible.
Non-refundable payments are not affected by this rule.
11. EARLY DEPARTURE
If the guest leaves before the end of the stay, the hotel is entitled to charge 100% of the booked services.
12. STAY / KEYS / SECURITY / INTERNET / SMOKE
The hotel room is exclusively reserved for the registered guest. The provision of the room to a third party or the use of the room by an additional person requires the (written) permission of the hotel.
By entering into a contract, the guest acquires the right to the usual use of the rented rooms and the hotel facilities by all booked persons, which are usually and without special conditions accessible to the guests for their use, as well as to the usual service. The guest must exercise his/her rights in accordance with any directives of the hotel and/or the guests (house rules).
The room key issued by the hotel remains the property of the hotel and allows access to the hotel. The loss of the key must be reported immediately to the reception. A damaged or lost key will be charged to the guest at a rate of CHF 90.00.
For internet access, the guest receives an Wifi Code. This service is free for all guests. The Guest is responsible for the use of his/her login data. The guest is responsible for abuse and illegal behavior when using the internet.
Smoking is not allowed in any part of the hotel. In case of violation, a cleaning fee of CHF 200.00 per case will be charged.
13. EXTENSION OF STAY
Subject to other agreements, the guest has no right to an extension of his stay. If the guest cannot leave the hotel on the day of departure because all departure possibilities are blocked or unusable due to unforeseeable exceptional circumstances / force majeure (e.g. extreme snowfall, floods, etc.), the contract can be extended - insofar as rooms are available - for the duration of the impossibility of departure under the previous conditions.
14. ADDITIONAL CONDITIONS FOR GROUPS
Group rates are only applicable with prior agreement and written confirmation from the hotel.
The final number of persons in the group (including the list of names) must be communicated to the hotel no later than 15 days before the group's arrival.
In the event of cancellation or reduction of a group reservation, the cancellation fees mentioned in point 9 apply. Additional persons will be charged as agreed.
15. HALF BOARD
Half-board can only be booked in conjunction with accommodation and must be booked for the entire stay. Meals not consumed will not be refunded.
Insofar as the Hotel procures technical and other facilities from third parties on its own initiative for the Guest, it is acting on behalf of the Guest.
The Guest is responsible for the careful handling and proper return of the facilities. The Hotel shall be released by the Guest from all claims of third parties arising from the provision of these facilities.
The Guest's use of his/her own electrical equipment and appliances using the Hotel's power supply requires the prior written consent of the Hotel. Any interference with or damage to the Hotel's technical equipment caused by the use of such equipment and facilities shall be borne by the Guest, insofar as the Hotel is not responsible for such interference or damage. Electricity costs incurred through the use of electrical equipment and appliances may be recorded and charged by the Hotel on a flat rate basis.
With the consent of the Hotel, the Guest is entitled to use his/her own telephone, fax and data transmission facilities. The Hotel may charge a connection fee for this purpose.
Malfunctions in the technical or other facilities provided by the Hotel shall be remedied as soon as possible upon notification by the Guest. Insofar as the Hotel is not responsible for malfunctions, these do not reduce entitlement to benefits and do not give rise to liability.
The Guest is obliged to obtain any official permits that may be required for the event at his own expense. The Host is responsible for complying with the permits and all other regulations under public law in connection with the event. Fines for non-compliance with permits are to be paid by the Host.
The Host is responsible for arranging the necessary formalities and settlements with the relevant institutions (e.g. SUISA) in connection with the broadcasting of music and the use of sound.
17. ITEMS BROUGHT BY THE HOST
AT AN EVENT
Exhibits or other items, including personal items, brought by the Guest are on the premises of the Event or on the grounds of the Hotel at the Guest's risk. The hotel does not assume any obligation to supervise and maintain them. The Hotel assumes no liability for the loss, destruction or damage of the items brought in, except in cases of gross negligence or intentional misconduct on the part of the Hotel. Insurance of the items brought in is the responsibility of the guest.
The decorative material brought in must meet the requirements of the fire police. The Hotel is entitled to demand official proof of this. The installation and fixing of objects must be agreed in advance with the hotel in order to avoid any damage.
Exhibits or other items brought in must be removed immediately after the end of the event. The hotel may have the objects left behind removed and/or stored at the expense of the guest. If the removal involves disproportionate costs, the hotel may leave the objects in the event room and charge the guest the usual room rental for the duration of the abandonment.
Packaging material (cardboard, crates, plastic, etc.), which is produced in connection with the delivery of the event by the guest or by third parties, must be disposed of by the guest. If the guest leaves packaging material at the hotel, the hotel is entitled to dispose of it at the guest's expense.
DURING A NORMAL STAY
Packaging material (cardboard, crates, plastic, etc.) or any other waste that exceeds the capacity of the room's waste garbage can, left by the guest or by third parties, must be disposed of by the guest. If the guest leaves packing material at the hotel, the hotel is entitled to dispose of it at the guest's expense.
18. ACTIONS, USE AND LIABILITY
The Hotel shall limit its liability to the Guest within the scope of the legal possibilities for slight and moderate negligence and shall only be liable for damage caused intentionally or by gross negligence. If any disturbances or defects occur in the Hotel's services, the Hotel will endeavour to remedy the situation upon direct notification by the Client. If the Client fails to notify the Hotel of a defect in a timely manner, the Client shall not be entitled to a reduction in the contractually agreed remuneration. The Hotel is liable for items brought in by guests in accordance with the statutory provisions, i.e. up to a value of CHF 1,000.00. Items which the guest keeps in the hotel room and in the safe provided for this purpose are considered to be brought in. The hotel is not responsible for slight or moderate negligence. If valuables (jewelry, etc.), cash or securities are not handed over to the hotel for safekeeping, the hotel is not liable within the limits of the law. The hotel recommends that money and valuables are kept in the safe at the reception desk. If any damage is not reported to the hotel immediately upon discovery, the guest's rights are forfeited.
The hotel is not responsible in any way for services that it has merely provided for the guest. The hotel is not responsible for theft or damage to materials brought by third parties.
The Guest shall be liable to the Hotel for all damage and loss caused by the Guest, persons accompanying the Guest, pets brought by the Guest or the Guest's assistants or participants in the event, without the Hotel having to prove fault on the part of the Guest.
The Guest shall be responsible for the proper use and return of all technical aids/equipment made available to him/her by the Hotel or obtained by him/her from third parties on his/her behalf, and shall be liable for damage and loss. The guest is liable to third parties for services and expenses incurred by the hotel.
The use of the wellness center, the indoor and outdoor recreation areas and the game room is at the guest's own risk.
Parents are responsible for the supervision of their children at all times. The hotel does not assume any liability.
Disturbances or damage to the hotel's facilities are to be borne by the guest, insofar as the hotel itself is not responsible. These costs can be charged to the guest by invoice sent after the stay or directly debited from the credit card entered into the system at the time of booking or issued at the reception desk.
Theft or items taken by mistake may be charged to the client by means of an invoice sent following the stay or directly debited from the credit card entered into the system at the time of reservation or issued at the reception desk.
All non-consumable and non-fixed items such as bathrobes, towels, cloth bags, decorative items, technical items, hot water bottles, hair dryers and other room accessories are considered to be room / hotel property.
c) Third party
If a third party makes a reservation for the Guest, he/she is liable to the Hotel as the principal, together with the Guest, as a joint and several debtor for all obligations arising from the contract. Irrespective of this, each principal is obliged to provide the guest with all information relating to the booking, including these general terms and conditions.
Animals may only be brought into the hotel with the prior consent of the hotel and under the conditions of the hotel. The guest who brings an animal to the hotel is obliged to keep or supervise it properly during his stay or to have it kept or supervised by a suitable third party at his own expense. The following conditions apply:
- No pets are allowed in the public areas of the hotel (such as the dining/breakfast room, wellness area). Dogs are allowed in the restaurant Le Vieux-Chalet.
- The animal is not allowed to stay alone in the room during the guest's absence.
20. FOUND OBJECTS
Upon request of the guest, lost and found items will be sent at a later date. The costs and risks of the return shipment are borne by the guest. After a storage period of 12 months, the objects are disposed of.
21. DATA PROTECTION
The data protection provisions are governed by the declaration of data protections.
22. OTHER PROVISIONS
If the Guest requests services that are not provided by the Hotel itself, the Hotel acts solely as an intermediary. The statutory limitation periods apply. Insofar as these can be modified, an absolute limitation period of 6 months after departure applies to claims for damages by the Guest.
Advertisements in the media (e.g. newspapers, radio, television, Internet) referring to events held at the hotel, with or without the use of the unchanged company logo, require the prior written consent of the hotel.
A service charge of CHF 10.00 is charged to the guest for each ski pass issued by the hotel.
Champéry, 21. December 2021