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General Terms and Conditions

I. SCOPE

1. These Terms and Conditions shall apply to all agreements concerning the rental of Hotel rooms, conference, banquet and event facilities at the Hotel as well as all related services and goods provided by the Hotel.

2. The terms and conditions of any contracting parties shall apply only if explicit written agreements to that effect have been made.


II. QUOTATION, EXECUTION OF AGREEMENTS AND CONTENTS OF AGREEMENTS

1. Presentations made by the Park Weggis, in particular on the Internet or in advertising literature shall not constitute binding offers of the Park Weggis. All offers made by the Hotel are subject to change. The binding Agreement shall be made upon acceptance of agreed upon terms by the Hotel. The Hotel shall have the option to confirm bookings in writing at the Hotel’s discretion.

2. The sub-letting or re-rental of rented Hotel rooms, event facilities, spaces or showcases as well as the use of rented facilities and spaces for personal interviews, sales and similar events shall principally not be permitted and shall be subject to the Hotel’s prior written consent.

3. The Customer shall not acquire any entitlements to the provision of specific rooms. Unless otherwise agreed upon, check-in into Hotel rooms on the day of arrival shall begin at 3 p.m. The Customer shall not be entitled to earlier check-ins. On the agreed-upon day of departure, the Hotel room shall be vacated by guests no later than noon. If guests exceed the check-out time, the Hotel shall have the right to charge 50 % of the rack room rate until 6 p.m. and the full room rack rate for any use beyond 6 p.m. for any guest’s rooms contract-exceeding usage of the room. This shall not establish any contractual entitlements at the Customer’s end. Customers shall have the option to prove that the Hotel did not accrue any entitlement or a considerably smaller entitlement to remuneration for the use of the room.

4. The bringing of food, beverages, flowers and fixtures to events shall principally be prohibited. Any exceptions shall be subject to a written agreement with the banquet department. In such cases a corking fee and/or other compensation shall be charged in addition to the gratuity for services.

5. Hotel facilities may be used only during the respective official business hours. The current business hours shall be posted at the entrance to the respective Hotel facility. The Hotel reserves the right to change the business hours at any time or to completely or partially close these facilities, in particular due to remodelling work or Hotel events or if the use has to be restricted for any other reasons. The use of the Sparkling Wellness shall also be subject to the General Terms and Conditions of the Sparkling Wellness; the use of the Hotel garage shall also be subject to the separate Parking Facility Terms and Conditions.

6. Our guests have the choice to use the outdoor complimentary parking area, or if they prefer, a parking spot in our garage at the rate of CHF 25.00 per night.

7. Accommodations for children and adolescents up to 16 years of age shall be provided free of charge in their parents’ room. We will be pleased to provide a rollaway bed or crib for their use upon request. Children under 12 years of age who have breakfast or dine with their parents shall receive free meals from the children’s menu. Food consumed by adolescents as of age 12 shall be charged à la carte.

8. We will be pleased to accommodate your pets, however pets are not allowed in our restaurants Park Grill and Sparks, the Beach Bar Lounge and at the Sparkling Wellness. There is a pet fee of CHF 30.00 per day, which does not include pet food. We reserve the right to bill guests for any damages caused by pets.


III. PRICES, PAYMENT

1. Customers shall pay the applicable or agreed-upon prices of the Hotel for accommodations and/or events as well as any other services guests have utilized. This shall also apply to services obtained by the Customer and expenses of the Hotel paid to third parties. For services obtained after midnight, the Hotel shall have the right to charge night shift surcharges for each hour that has begun for the provision of staff.

2. All agreed-upon prices include statutory value added tax unless an agreement to the contrary has been made. All of our prices are quoted in CHF and include service gratuities and VAT. In the absence of an agreement to the contrary, breakfast and other meals are not included in the room rate. If the time frame between the execution of a contract and the fulfilment of the contract should exceed four months and if the Hotel’s price generally billed or the statutory value added tax for such services increases, the Hotel may reasonably increase the agreed-upon price; however, not by more than 10 %.

3. Invoices shall be issued in CHF. If foreign currencies are used to pay, the exchange rate variances and the bank fees shall be for the account of the party who has the obligation to pay. Deposits made in foreign currencies shall be applied against the total invoice based on the exchange rate in effect on the day the deposits were credited. We accept the following modes of payment: American Express, Diners Club, Mastercard, Visa, Union Pay, Maestro, Postcard and cash. Please understand that we are not in a position to accept personal checks. Our banking details for transfers etc. can be found below:
Bank: Postbank
Account no.: 60-322679-0
IBAN: CH68 0900 0000 6032 2679 0
BIC/SWIFT-Code: POFICHBEXXX

4. Invoices issued by the Hotel shall be due within 10 days after receipt of the invoice and no later than 30 days after departure, net. In the event of delayed payment the Hotel shall have the right to charge an interest rate of 10 % p.a. The Customer shall have the option to document that the Hotel has incurred less significant, while the Hotel shall have the option to document that it has incurred higher damages.

5. The Hotel shall have the right to demand a reasonable deposit at any time.

6. All property brought in by the Customer shall be subject to the attachment with pledging rights as collateral for any type of receivable related to the aforementioned services due to the Hotel.

7. Billing claims shall be filed with the Hotel immediately after the Customer becomes aware of grounds for such a claim.

8. The preferred billing option (recipient) shall be communicated to the Hotel when booking and no later than once the provision of services by the Hotel has been completed.

9. If a third party should enter into an Agreement for a guest or Customer or if the Customer is utilizing the services of a third party for an event in terms of its organization or implementation, the guest and the third party or the Customer and the third party shall be held liable as all and several debtors.

10. Tourism and resort taxes levied by the Municipality of Weggis shall be billed separately. Children and adolescents up to the age of 12 are tax exempt.


IV. RESCISSION BY THE HOTEL

1. Failure to make an agreed-upon deposit payment even after a remedial period set by the Hotel shall entitle the Hotel to rescission from the Agreement.

2. The Hotel shall also be entitled to rescind from the Agreement for materially justified grounds such as:

  • Force majeure or other circumstances the Hotel is not responsible for that render the fulfilment of the Agreement impossible
  • Attempts to procure accommodations or host events under misleading or false claims related to cardinal facts, such as the customer or purpose
  • Cases in which the Hotel has justified reasons to presume that the accommodation and/or hosting of the event would jeopardize the smooth transacting of business, the safety or the reputation of the Hotel in the public eye without such situations being related to the scope of influence or organization of the Hotel or
  • If a violation of the above Article II. 2 has occurred.

3. The Hotel shall notify the Customer of the fact that it is exercising its right to rescind immediately.

4. If the Hotel rescinds from the Agreement for justified grounds, the Customer shall not be entitled to any damage compensation. This shall be without prejudice to any entitlements pursuant to Article IX.


V. CANCELLATION BY THE CUSTOMER

1. All cancellation notices shall be given in writing.

2. The following rules shall apply to accommodations (Hotel accommodations) related cancellations by Customer:

a) In the event of a cancellation, the Customer shall pay 100% of the agreed-upon room rate per room and booked night.

b) Unless otherwise agreed-upon the cancellation of room reservations shall be possible free of charge up to 6 days prior to the scheduled arrival (3 p.m.). If the cancellation advance notice period should be shorter, in the event of no-shows or premature departure, we shall charge for 1 to 3 nights’ accommodations, depending on the length of the stay. If the Hotel should incur any damages because of the guest’s failure to meet obligations (tardy cancellation, non-show, later arrival, premature departure), the guest shall be required to absorb these costs in compliance with the General Contractual Ruels (OR = Swiss Obligations Law 97 et seq.) and the Provisions of Tenancy Laws applicable to the early return of the property (OR 264).

3. Section 2 shall apply accordingly to bookings of on-call contingents if room reservations are cancelled. If rooms to be used are directly obtained by guests, the event organizer (Customer) shall be liable for the booked contingent until the rooms have been secured by guests.

4. Group reservation for 10 Hotel nights or more shall be subject to the following terms if cancelled by the Customer:

a)  Complete and complimentary cancellation shall be possible until 90 days prior to the start of the event.

b) A max. of 50 % of the current reservation status may be cancelled within 89 to 60 days prior to the start of the event.

c) A max. of 25 % of the current reservation status may be cancelled within 21 to 59 days prior to the start of the event.

5. A max. of 10 % of the current reservation status may be cancelled within 20 to 11 days prior to the start of the event.

6. Changes to the contractual scope resulting from the late arrival or early departure of guests shall also be considered cancellations as defined above.

7. The Customer shall have the option to prove less significant and the Hotel more significant damages.


VI. CHANGES OF THE NUMBER OF PARTICIPANTS AND THE SCHEDULED EVENT TIMES

1. Any changes to the numbers of participants exceeding 5 % shall be communicated to the banquet department no later than 5 business days prior to the start of the event; any such changes shall be subject to the Hotel’s written confirmation. If such a confirmation is not obtained, the Hotel shall charge for the contractually agreed-upon number of participants if the number of participants is lower and shall give credit for any expenditures not actually incurred.

2. If more participants than initially scheduled participate, billing shall be based on the actual number of participants.

3. The Hotel shall have the right to consent to a participant discrepancy of more than 10 % announced less than five business days prior to the start of the event only subject to the condition that the agreed-upon prices are re-set and the confirmed facilities are changed.

4. If the agreed-upon start and end times of the event should change without the Hotel’s prior consent, the Hotel may charge additional costs for on-call services.

5. The Hotel may assign event facilities to the Customer that are different from those originally booked if this is a reasonable burden for the customer, especially if urgent maintenance work has to be performed or the originally booked rooms are required for other purposes and provided the alternatively assigned rooms are comparable to the originally booked rooms in terms of capacity and amenities and at least equally suitable for the event planned by the Customer. The Hotel shall promptly notify the Customer of any changes to the event facilities.


VII. TECHNICAL EQUIPMENT AND CONNECTIONS

1. If the Hotel should obtain technical or other equipment and services from third parties as ordered by the Customer upon Customer’s request, it shall act in the name, with power of attorney and for the account of the Customer. The Customer shall be liable for the careful use and proper return of any such items. The Customer shall indemnify the Hotel against any and all claims raised by third parties on the grounds of the provision of such equipment.

2. If technical equipment and systems are set up, the Hotel may demand that such installations are inspected and approved by an accredited company/institution and that the Customer presents relevant technical inspection certificates to the Hotel without having to be prompted to do so.

3. The use of the Customer’s own electrical equipment that requires the use of the Hotel’s power circuits shall be subject to the Hotel’s written consent. The Hotel shall have the right to charge a lump-sum usage fee for this service. The Customer shall be liable for any interruptions or damages to the technical equipment of the Hotel resulting from the use of Customer’s equipment provided that such damages were not the responsibility of the Hotel.

4. Subject to the Hotel’s approval, the Customer shall have the right to use own telephone, telefax and remote data transmission systems. The Hotel shall have the right to charge a connection fee for the utilization of this option.

5. If the connection of the Customer’s own systems results in the idleness of respective suitable systems of the Hotel, the Hotel shall have the right to charge a loss of service fee.

6. All of our rooms offer complimentary Internet connections and wireless LAN.


VIII. DECORATION MATERIALS AND OTHER ITEMS BROUGHT IN BY THE CUSTOMER

1. Decoration material brought in by the customer shall be in compliance with fire marshal policies. The Hotel shall have the right to demand the presentation of an official certificate.

2. Given the risk of potential damages, the setting up and mounting of objects against/on the walls shall be prohibited. The Hotel shall provide respective poster stands or decorative walls for a fee.

3. Any exhibits or other objects brought to the Hotel by the Customer shall be promptly removed at the end of the stay and/or event. If the Customer should fail to meet this obligation, the Hotel shall have the right to remove and store the objects at the expense of the Customer. If the objects should remain in the event room, the Hotel shall have the right to charge room rent for the period the objects remain there. The Customer shall have the option to prove that the damages were less significant and the Hotel shall have the option to prove more significant damages. The required disposal of materials left behind shall also be handled at the expense of the Customer. The above provisions shall also apply to objects leased from third parties brought onto the premises of the Hotel.


IX. HOTEL’S LIABILITIES

1. Entitlements to damage compensation, regardless of the legal grounds, shall be excluded unless the Hotel is culpable of intent or required to assume liability for its own gross neglect or the gross neglect of one of its legal representatives or executives as well as any other agents or if the damage compensation claim results from the breach of cardinal contractual obligations. In all cases of ordinary neglect any such liability shall be limited to the contract-typical, foreseeable damage amount. This shall be without prejudice to the liability to be assumed in cases of personal injury, death or health damages.

2. If the Customer should be a lodger, the Hotel shall assume liability for any objects brought onto the property pursuant to the statutory provisions set forth in OR Art. 487 et seq. The Hotel operator shall assume liability for damages, the destruction of or the theft of objects brought onto the Hotel premises up to an amount of CHF 1‘000.–, even in the absence of culpability. As of damage amounts of CHF 1‘000.– and more, the clarification of the culpability and liability issues shall be mandatory. Any entitlements of the guest shall be null and void if the damages are not reported to the Hotel operator immediately and promptly after they were discovered (OR Art. 489). Incidentally, the respective statutory liability provisions set forth in the Swiss Obligations Act (OR) shall apply. The property insurance coverage for monies and valuables stored in the room safe shall be limited to  CHF 10‘000.– per safe in the event of burglaries.

3. The Hotel shall assume liability for damages to the Customer’s car parked in the Hotel garage that were caused by the Hotel, the Hotel’s employees or agents. The Customer shall report such damages immediately and any obvious damages in any event prior to leaving the Hotel garage/Hotel parking lot. The Hotel shall not assume any liabilities for damages that other customers/tenants or other third parties are responsible for. In the relationship with the Customer, the Hotel shall not assume any liability for damages caused to legal effects of third parties by the vehicle of the Customer. This shall be without prejudice to any damages resulting from personal injury, death or health damages as well as liability for acts of intent and gross neglect committed by the Hotel.


X. CUSTOMER’S LIABILITY

1. The Customer shall assume liability based on the statutory provisions for any damages to the building and/or furniture and fixtures caused by the Customer, Customer’s family members or guests, participants of events or visitors, employees or other third parties the Customer is responsible for. It shall be Customer’s responsibility to obtain adequate insurance coverage for such liability incidents. The Hotel shall have the right to demand proof of the existence of such insurance coverage.


XI. FINAL PROVISIONS

1. Modifications or additions to the Agreement, including of this written form clause, shall be made in writing.

2. The domicile of the Hotel shall be the agreed-upon place of fulfilment and payment.

3. The sole place of jurisdiction – including for disputes over cheques and bank drafts in commercial transactions shall be the domicile of the Hotel. If the guest or Customer is a merchant, legal entity of public law or public-law based special entity or if the Customer does not have a general domestic place of jurisdiction, the sole place of jurisdiction for all litigation arising from or related to goods and services shall also be the domicile of the Hotel.

4. The legal relations between the Parties shall be governed by Swiss Law.

5. If any individual provisions in these General Terms and Conditions should be ineffective or void, this shall not affect the effectiveness of the remaining provisions. The same shall apply to omissions in the Agreement. The statutory provisions shall incidentally apply.


XII. SUPPLEMENTATARY PROVISIONS FOR THE ACQUISITION OF VOUCHERS

1. In the case of voucher orders, the acceptance of a contractual offer by the Customer pursuant to Article II. 1. of these General Terms and Conditions shall occur at the time the Customer receives the voucher from the Hotel.

2. Based on a voucher acquired from the Hotel, the Customer shall have the right to demand the services listed in the voucher from the Hotel. The services to be rendered by the Hotel based on the voucher shall be provided on the basis of these General Terms and Conditions. The Hotel shall be required to provided the services only if the voucher is presented.

3. The Customer shall have the option to pass on the voucher to third parties and in particular to give it as a gift. Upon Customer’s request the Hotel shall designate the third party who is supposed to receive the voucher in the voucher form. The definition of a name on the voucher shall not affect the legal quality of the voucher described in XII. 2.

4. If the Customer is a consumer and enters into a contract with the Hotel based merely on the use of remote communication resources, the Customer shall have the right to rescind. Remote communication resources are defined as communication resources that can be used to negotiate or enter into a contract between a consumer and an entrepreneur without the contracting parties having to be simultaneously present physically, in particular letters, catalogues, phone calls, telefaxes, e-mails as well as radio, telephone and media services. A right to rescind shall not exist if the voucher’s subject matter is the rendering of services in the fields of lodging, transportation, delivery of food and beverages and leisure time activities and if the Hotel undertakes to provide these services at a specific point in time or within a specifically defined time period. This shall in particular be the case with vouchers that contain a specific reservation date.

5. The Customer shall no longer be bound by his/her application in cases where he/she is entitled to a right to rescind pursuant to Article XII. 4. if the Customer rescinds this Agreement within two weeks (right to rescind). The rescission period shall begin on the day after receipt of this legal advice in text form and in the event that goods are delivered on the day after the receipt of the goods by the recipient. The rescission notice does not have to contain grounds and may be provided in any text format (e.g. via letter, e-mail or telefax) addressed to the Hotel. To comply with the rescission deadline, the timely sending of the notice to the Park Weggis, Hertensteinstrasse 34, CH-6353 Weggis shall suffice. The right to return shall expire upon the expiration of the rescission deadline and no later than once the Hotel starts to render the contractual services with the express consent or upon initiation of the Customer prior to the expiration of the rescission period.

6. In the event of an effective rescission, both Parties shall return the services they have received from the respective other Party.


GENERAL TERMS OF USE FOR THE SPARKLING WELLNESS

1. Prior to the start of any treatment, the guest shall notify the service provider of any health problems, such as cardiovascular disease, hypertension, metabolic syndrome, allergies or pregnancy.

2. The Park Weggis shall not assume any liability to skin and physical reactions caused by cosmetics and treatments that are foreseeable or any allergies the guest was not aware of or did not communicate to the Park Weggis or for any other physical conditions that would have made it necessary to refrain from the booked treatment.

3. The Park Weggis shall have the right to temporarily close the wellness and fitness areas or change the business hours if repair work or the like have to be performed.

4. In the absence of supervision, children are not permitted in the fitness room and the sparkling pool.