General Terms and Conditions

 

1. General terms and conditions
1.1. Area of application
The available general trading conditions apply to the hire of rooms and/or seminar and banquet facilities, as well as all associated additional services and supplies of the Laudinella AG (in the following “Hotel”) to customers. All offers of the hotel are based on the following general terms and conditions.
They form an integrating component of every agreement between the hotel and a customer. Should the available terms and conditions contradict any possible contractual requirements of a customer, the available general terms and conditions will take precedence.

1.2. Conclusion of an agreement
Following the reservation by the customer, he will receive a written reservation confirmation from the hotel in duplicate. The agreement between the parties is deemed to be concluded with the return of the signed reservation confirmation to the hotel.
With guests arriving spontaneously or extending their stay directly at the hotel, the contract will be concluded verbally.

1.3. Services, payments and prices
The hotel commits to rendering the services ordered by the customer and confirmed in writing by the hotel, or providing adequate alternatives.
All prices are quoted in Swiss Francs (CHF) and include the statutory value-added tax (VAT.). Price adjustments remain expressly reserved by the hotel prior to the conclusion of the agreement.

At its discretion, the hotel is entitled to request an appropriate prepayment. The amount of the prepayment and the dates of payment are agreed upon in writing in the agreement. Should the customer fail to commit to his prepayment obligation in due time, the hotel is entitled to terminate the agreement after an appropriate extension period. The customer is liable to the hotel for any damage resulting from such failure.
If the hotel requests no prepayment, the full invoice amount is payable at the latest with the departure of the customer by credit card, debit card, or in cash. With payment on invoice, the full invoice amount is due within 10 days of the invoice date.

1.4. Liability
The customer bears liability towards the hotel for all damages and losses or other damages, which are caused by him, his family members, his employees and his event participants.
The hotel rejects all liabilities from theft and/or damage to material property, which is brought in by the customer, event participants or third parties, connected to the customer. The insurance of luggage, exhibition objects, as well as other items, which are brought in by the customer or event participants, falls under the responsibilities of the customer. The hotel may require proof of sufficient insurance cover from the customer at any time and the hotel’s discretion.

1.5. Withdrawal of the Laudinella AG
Should the execution of hotel services, as specified in the agreement, become wholly or partly impeded or impossible due to force majeure or for reasons not attributable to the hotel, the hotel will inform the customer immediately. The hotel may withdraw in full or partially from the part of the contract not yet fulfilled.
No compensation will be paid.

The hotel is also entitled to the withdrawal without compensation, where there are reasonable grounds for an event endangering openly smooth business operations, safety or the reputation of the hotel. The hotel expressly reserves possible claims for compensation against the customer.

2. Hotel rooms
2.1. Arrival/Departure times
The hotel room is available on the arrival day from 3 pm and must be vacated on the departure day until 10:30 am.

2.2. Impossible Arrival
Should the customer fail to arrive, or arrive late, as a result of force majeure (floods, avalanches, earthquakes, etc.), he is not obligated to pay for the missed days. The customer must provide evidence of the impossibility to travel to the hotel. The obligation to pay is reinstated at the moment the inward journey becomes possible.

2.3. Room contingents
The hotel receives a list of participants with the following data from the customer, at the latest, 21 days prior to the arrival: First name and surname of all guests, arrival time, conditions of payment of each guest.

At the expiration of the period specified by the hotel, remaining available rooms of the respective contingent will be once more released for sale.

2.4. Cancellation conditions
• 12. – 31.03. Cancellation 30 days prior to the arrival free of charge
• 04. – 21.12. Cancellation 3 days prior to the arrival free of charge

With later cancellations, 100% of the agreed price is due for payment. Additionally, the hotel will charge the customer in full for all services delivered in advance.
Non-refundable rates require 100% prepayment at the time of the concluded reservation. No cancellation or changes are possible thereafter.
The resale of rooms is possible only after arrangement with the hotel.

The hotel reserves the right to specify individual cancellation conditions as part of the agreement.

3. Banquets/Seminars/Events
3.1. Use of rooms and permits
If nothing else was agreed upon, the premises are available from 8 am and must be fully vacated with the last evening.
The hotel reserves the right to make room changes. Thereby, the hotel will consider group sizes. Any subletting of rooms or areas by the customer requires the previous written permission of the hotel.
If the individual agreement does not contain any other provisions, the organiser has to obtain any necessary permissions himself at his own expense.
Copyright compensation related to musical performances is to be registered and cleared with SUISA by the organiser.

3.2. Number of participants
The organiser notify the hotel of the final number of participants at least

•  48 hours in advance of banquets
•  3 days in advance of seminars.
Should the effective number of persons be less than booked, the originally indicated number is considered as invoice basis; should the effective number of persons be higher than booked, the hotel will not warrant for the consideration of all guests, and the effective costs will be charged.

3.3. Facilities/Program sequence
The requested set up (hall furniture/chairs) and the exact program sequence must be forwarded to the hotel at least 1 week prior to the event.

3.4. Information material/Printed material
The affixing of information material outside of the rented room is to be coordinated with the hotel.
The use of logos or images of the hotel in any form by the organiser always requires the previous written permission of the hotel.

3.5. Catering
The final selection of menus, coffee breaks and wines must be forwarded to the hotel 14 days prior to the event. If there are no other agreements in place, the organiser is obligated to obtain all meals and beverages from the hotel.
Any brought beverage bottles will be charged with a corkage fee of CHF 25.00.
Perfect quality of the meals can be only guaranteed if the agreed times are kept or the organiser informs the hotel at least 1 hour in advance about any changes.

3.6. Additional pay for night work
After midnight, CHF 200.00 will be charged for every started hour.

3.7. Deposit
If nothing else is agreed, 50% of the offered amount is due as deposit 14 days prior to the event.

3.8. Cancellation conditions
Cancellations are free until 14 days prior to the event.
With later cancellations, 100% of the agreed price is due for payment. Any services rendered by the hotel in advance are to be paid in any event.

4. Delivery
4.1. Orders
All orders are confirmed as such, once you receive our confirmation email.

4.2. Services and prices
Orders are processed after receipt. Requested delivery times are considered whenever possible, are, however, not guaranteed.
Prices include statutory value-added tax. The published prices are binding and are accordingly confirmed. With any special wishes, price adjustments may be necessary. Delivery costs are charged according to the published prices of the overall account.
A refund of already paid, but not used services is not possible unless caused by rough negligence.

Delays in delivery do not entitle to the cancellation of the binding order.

4.3. Withdrawal
Cancellations and changes can be received only by telephone, immediately after the confirmation. With later cancellations of the order, production costs might be charged.

4.4. Terms of payment
All invoices are to be settled with the delivery in cash. The rendering of an invoice is not possible.

4.5. Liability
The drive is liable for damage, gross contamination or loss or the entire delivery, or parts thereof. Relevant claims must be communicated to the driver at the time of the delivery. Thereafter, the delivery is considered as complete, and no claim for compensation is accepted. The hotel Laudinella and Taxi Erich are not responsible for late or missing deliveries.

5. Applicable law/Area of jurisdiction
Only Swiss law applies to this agreement with St. Moritz as the place of jurisdiction. Should individual or several provisions of these general terms and conditions be invalid in whole or in part, the validity of the remaining provisions will remain unaffected.

St. Moritz, February 2019

Translator’s note:
Should there be discrepancies between the interpretation of the German and English versions of this general terms and conditions, the German version shall prevail.

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