Businesshotel Forum, Widnau AG

General terms and conditions

1. Basics

These General Terms and Conditions (GTC) regulate the legal relationship between the guest / customer, hereinafter referred to as the guest, of the Businesshotel Forum, hereinafter referred to as the hotel. For the sake of simplicity, these terms and conditions always refer to a contract, regardless of the service.

The hotel’s terms and conditions valid at the time the contract was concluded apply exclusively. The guest’s general terms and conditions only apply if this has been expressly agreed in writing before the contract is signed. Should individual provisions of these General Terms and Conditions be ineffective or invalid, this shall not affect the validity of the contract and the remaining provisions of the General Terms and Conditions. Otherwise, the statutory provisions apply.

2. Jurisdiction / Applicable Law

For any disputes arising from this contract, St. Gallen SG is the place of jurisdiction, unless there is another legally binding place of jurisdiction. All contractual, reservation, any additional agreements and general conditions are exclusively subject to Swiss law. The place of performance and payment is the hotel’s registered office.

3. Definitions

Groups: Groups within the meaning of these General Terms and Conditions are travel groups with a minimum of 6 booked people.
Written confirmations: Written confirmations are signed PDF or fax confirmations as well as e-mail messages in which the conditions contained in the confirmation are accepted.
Contractual partner: The contractual partners are the guest and the hotel, or the organizer or agent and the hotel, unless other agreements have been made between the parties.

4. Subject of the contract / scope

The contract for the rental of rooms, seminar rooms and the purchase of other deliveries and services comes about with the payment guarantee or the written confirmation of the guest. A reservation made on the day of arrival is binding for both parties at the moment it is accepted by the hotel. Changes to the contract only become binding for the hotel after a written reconfirmation. Unilateral changes or additions to the contract by the guest are ineffective. The prior written consent of the hotel is required before the rooms can be sublet or re-let or used for purposes other than accommodation.

5. Scope of Services

The scope of services of the contract is determined by the individually made and confirmed reservation of the guest. Subject to other contractual agreements, the guest is not entitled to a specific room. If no rooms are available in the hotel despite a confirmed reservation, the hotel must offer an equivalent replacement in a nearby hotel. If the guest refuses the replacement room, the hotel must immediately reimburse any services already rendered by the guest (e.g. down payments). Further claims of the guest do not exist.

6. Term of Use

6.1. Hotel

Subject to other agreements, the guest has the right to use the rented rooms from 2 p.m. on the agreed day of arrival until 11 a.m. on the day of departure. If the guest releases the room late by 11:00 a.m. at the latest, the hotel can charge CHF 25.00 per hour for use that exceeds the contract. After 3 p.m. a full night will be charged. This does not substantiate contractual claims of the guest to the proper further use of the areas; the right to claim damages remains reserved. In the event of the guest leaving the room late, the hotel reserves the right to remove the guest’s items from the room and store them in a suitable place in the hotel.

6.2. Event area

Subject to other agreements, the guest has the right to dispose of the rented room from 8 a.m. to 5 p.m. on the agreed day of use or by arrangement. The room is ready to be set up 15 minutes before the start of the event. Earlier access to the event room on the same day or the evening before is only possible in consultation and is subject to a fee. The use of the rented room after midnight (police hour) must be registered in advance and will be charged at CHF 300.00 per hour started.

7. Prices / obligation to pay

The prices communicated by the hotel are in Swiss francs (CHF) and include the statutory VAT, service and breakfast and guest tax. The guest is obliged to pay the agreed or applicable hotel prices for rooms provided and for other services used. This also applies to orders from his companions and visitors. An increase in statutory charges after the conclusion of the contract is at the expense of the guest. Prices in foreign currencies are guide values and are charged at the respective daily exchange rate. The prices that are confirmed by the hotel are valid. The prices can be changed by the hotel if the guest subsequently changes the number of booked rooms, the hotel’s services or the length of stay of the guests. Depending on the agreement or above a certain reservation amount, the hotel may require a deposit or prepayment of the entire reservation amount. The down payment is to be understood as a partial payment of the agreed fee. The hotel may also require a credit card guarantee instead of a deposit. An advance payment is to be transferred within the agreed payment period.

If the down payment is not made on time or the credit card guarantee is not provided, the hotel can withdraw from the contract (including all service promises) immediately (without a reminder) and demand the cancellation costs listed under Section 9 of these General Terms and Conditions. The hotel has the right to bill the guest for its services at any time or for interim billing. The final invoice includes the agreed price plus any additional amounts that have arisen due to additional services provided by the hotel for the guest and/or the persons accompanying him.

8. Withdrawal by the hotel

The hotel is entitled to withdraw from the contract at any time for an objectively justifiable reason by means of an immediate, unilateral and written declaration and with immediate effect. Examples of objectively justified reasons are:

  • an agreed advance payment or security deposit is not made during the period set by the hotel;
  • force majeure or other circumstances for which the hotel is not responsible and which make it objectively impossible to fulfill the contract;
  • Rooms or spaces that are booked or used with misleading or false information, e.g. in the person of the guest or the purpose of use or stay;
  • the hotel has reasonable grounds to believe that the use of the agreed services may impair smooth business operations, the safety of other hotel guests or the reputation of the hotel;
  • the guest has become insolvent (bankruptcy or unsuccessful seizure) or has stopped making payments;
  • the purpose or reason for the stay is illegal. If the hotel withdraws for the above reasons, the guest has no right to compensation and the compensation for the booked services remains the same
    owed.

9. Cancellation of Reservation / Cancellation Fees

9.1. Hotel

9.1.1. Cancellation

A cancellation of the reservation requires the written consent of the hotel. If this does not happen, the agreed price must be paid even if the guest does not use the contractual services.
If the guest withdraws from the contract without an approved cancellation being available or changes or If certain reserved services are cancelled, the hotel can charge the following cancellation fees.

9.1.2. Cancellation of hotel reservations

If you have reserved a room without guaranteeing the reservation with a credit card, we will hold the room for you until 12 noon on the day of arrival. If you do not show up by this time, the hotel can automatically dispose of the room(s).
If you have guaranteed your reservation with a credit card and cannot/do not want to use the reserved service, we ask you to cancel the reservation at least 24 hours before the day of arrival. In the event of late cancellation, non-appearance (no-show), late arrival or early departure, one night will always be charged. If the room(s) can be rented to someone else, we will be happy to refrain from issuing an invoice. Für Reservationen über Online Portale gelten die jeweils angegebenen Reservations- und Annullationsbedingungen. Credit cards are checked electronically by us. If the credit card details are invalid, we will consider the booking not guaranteed.

9.1.3. Cancellations of groups/reservations from 6 people

We ask that you notify us of any major changes to your reservation as early as possible and in writing. If the reservation is canceled in full and we are not responsible for this, the following cancellation fee is due:

  • 30 to 0 days before arrival – 100% of the lost room revenue

The receipt of the written cancellation from the guest at the hotel is decisive for the calculation of the cancellation fee. This applies to letters as well as fax and e-mail messages. 2% of the rooms can be canceled free of charge up to 2 days before arrival.

9.2. event area

The hotel has four seminar rooms with daylight, equipped with the latest technology for groups of up to 55 people. Seating options in the seminar rooms: class seating, block, seminar, U-shape, seminar, or standard seating.

9.2.1. Cancellation of Confirmed Events

A cancellation of the reservation requires the written consent of the hotel. If this does not happen, the agreed price must be paid even if the guest does not use the contractual services. If the guest fails to appear (“no-show”), 100% of the booked services will be charged.
The receipt of the written cancellation from the guest at the hotel is decisive for the calculation of the cancellation fee. This applies to letters as well as fax and e-mail messages.
If the guest withdraws from the contract without an approved cancellation, or if certain reserved services are changed or canceled, the hotel can charge the subsequent cancellation fees.

9.2.2. Cancellation fees seminars

9.2.2.1. Conference

If the booked appointment is canceled in writing by the room user, the following conditions apply:
In the case of written cancellation: up to three weeks before the agreed time free of charge. Up to 14 days before the booked event, CHF 150 (incl. VAT and processing fee) will be charged.
For cancellations up to 10 days before the reserved use of the room, 50% of the confirmed service must be paid for cancellations up to five days before 100%. However, after consultation with the Businesshotel Forum Widnau AG, an alternative date can be agreed at any time. Then there are no cancellation costs.

Number of people
For events, we must know the exact number of people no later than two days before the event. This number will be charged as a minimum. We accept a fluctuation of up to +/- three people on the day of the event.
Term of payment 14 days from invoicing.

Overnight stays
Please note the cancellation conditions under 9.1.

10. Impossible Arrival

If the guest cannot arrive or cannot arrive on time as a result of force majeure (flooding, avalanches, earthquakes, etc.), he is not obliged to pay the agreed fee for the missed days. The guest must prove the impossibility of arrival. However, the obligation to pay for the booked stay is revived from the moment it is possible to arrive.

11. Stay / Keys / Security / Internet / Smoking

The hotel room is reserved exclusively for the registered guest. Giving the room to a third party or using it by an additional person requires the hotel’s approval. Without the consent of the hotel, the tenant of the room will be charged CHF 50.00 per additional person.
By concluding a contract, the guest acquires the right to the usual use of the rented rooms and hotel facilities by all booked persons, who are usually accessible to the guests for use without special conditions, and to the usual service. The guest must exercise their rights in accordance with any hotel and/or guest guidelines (house rules).
The room key provided by the hotel remains the property of the hotel. The loss of the key must be reported immediately to the reception. If the key is lost, the guest will be charged CHF 10.00.

For access to the Internet, the guest receives his personal login data. This service is free of charge for all guests. The guest is responsible for the use of his login data. He is liable for misuse and illegal behavior when using the Internet. IP and MAC addresses can be recorded by the hotel.

Smoking is prohibited in the rooms, seminar rooms, restaurant and bar of the hotel. If smoking takes place in a hotel room, the tenant of the room will be charged in full for an additional night. If you smoke in other areas of the rooms mentioned above, we charge a smoker’s cleaning fee of CHF 300.

12. Handling of events

In case the hotel organizes technical and other equipment from third parties for the guest at the guest’s request, the hotel acts on the guest’s account. The guest is liable for the careful handling and the proper return of the equipment. The guest indemnifies the hotel from all third-party claims arising from the provision of these facilities.

The use of the guest’s own electrical systems and devices using the hotel’s electricity network requires the prior consent of the hotel. Disturbances or damage to the hotel’s technical systems caused by the use of these devices and systems are at the expense of the guest and the hotel is not responsible for them.

13. Actions, Use and Liability

13.1. Hotel

The hotel waives liability towards the guest within the framework of the legal possibilities for slight and medium negligence and is only liable for damage caused intentionally or through gross negligence. Should disruptions or defects occur in the hotel’s services, the hotel will endeavor to remedy the situation upon direct notification by the guest. If the guest fails to notify the hotel of a defect in good time, there is no entitlement to a reduction in the contractually agreed fee. The hotel is liable for the items brought in by the guests in accordance with the statutory provisions, i.e. up to an amount of CHF 1,000.00. Items that the guest keeps in their hotel room and in the safe provided for this purpose are deemed to be brought in.

The hotel is not liable for slight and medium negligence. If any damage is not reported to the hotel immediately after its discovery, the guest’s claims are lost. The hotel is not liable under any legal title for services which it has merely arranged for the guest. The hotel declines all liability for theft and damage to material brought in by third parties.

13.2. Guest

The guest is liable to the hotel for all damage and loss caused by him, his companions or his assistants or event participants, without the hotel having to prove that the guest is at fault.
The guest is responsible for the correct use and the proper return of all technical aids / facilities that the hotel makes available to him or procures on his behalf through third parties and is liable for damage and losses. The guest is liable to third parties for services and expenses arranged by the hotel.

13.3. third party

If a third party makes the booking for the guest, they are liable to the hotel as the customer together with the guest as joint and several debtors for all obligations arising from the contract. Irrespective of this, each customer is obliged to forward all information relevant to the booking, in particular these general terms and conditions, to the guest.

14. Animal Husbandry

Animals are allowed to stay in the hotel rooms by prior arrangement. A fee of up to CHF 50/night may be charged for any additional cleaning work.

15. Lost property

Lost property will be kept for one month. Lost property will be forwarded to the guest on request. The guest bears the costs and the risk for the subsequent delivery.

16. Additional Provisions

If the guest wants services that are not provided by the hotel itself, the hotel acts only as an intermediary. The statutory limitation periods apply. Insofar as these can be changed, the guest’s claims for damages are subject to an absolute statute of limitations of 6 months after departure.

Advertisements in the media (such as newspapers, radio, television, internet) with reference to events in the hotel, with or without the use of the unchanged company logo, require the prior written consent of the hotel.

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