1. Scope of validity The present General Terms and Conditions (hereinafter called “GTC”) apply to the provision of accommodation of rooms individual guests bookings considered herein, Reservations, for maximum 9 rooms per booking, as well as to all related services delivered to customers by the Bürgenstock Resort or Bürgenstock Hotels AG, Bürgenstock Bahn AG and Hammetschwand Lift AG (hereinafter collectively termed “the Bürgenstock Resort”). All offers made by the Bürgenstock Resort are based on the following GTC. They form an integral part of any individual Reservation legal frame . Should the present GTC contradict any contractual conditions of a customer, the present GTC shall take precedence.
2. Conclusion of contract After the customer has made a reservation, he will receive a written reservation confirmation from the Bürgenstock Resort. With this written reservation confirmation from the Bürgenstock Resort to the customer, an Individual Reservation agreement between the parties comes into being.
The attached T&Cs, rate structure and inventory offered, are valid for individual Company reservations requests and individual booking requests handled via the resort retail – public rate structure.
If booking handled under a Company ID, all individual arrival guests will be asked to present a valid ID card at the time of C/I to ensure no rate program abuse by any other 3rd party outside of the Company employees and business partners.
If the guest fails to present a valid ID , Bürgenstock Resort reserves the right to modify the Company rate program to the Best Available Rate available at the time of booking. The Company xxx Rate program is agreed based on availability and it is set as a non - last room availability agreement. Blackout dates and Resort and/ or Citywide special events in the area of Luzern city are subject to Best Available rate of the Bürgenstock Resort.
3. Services, payments and prices The Bürgenstock Resort shall undertake to provide the services ordered by the customer and agreed to in writing by the Bürgenstock Resort. All prices are in Swiss francs (CHF) and include the legal Value Added Tax (VAT). The stated room prices are exclusive of Cantonal city tax, which is a fee subject to charge at the Resort level. To the extent that no prepayment is required by the Bürgenstock Resort, the full amount of the bill is to be paid by the customer no later than at the time of his departure, by credit card (MasterCard, VISA, American Express, Diners Club, JCB), debit card (EC/Maestro, Postcard), or in cash.
If the parties agree that payment will be made against invoice, the entire invoiced amount is due 10 days after the invoice date but not later than the arrival date In case of default, the Bürgenstock Resort is entitled to charge interest in the amount of 5% p.a. from the first delayed day and reserves the right to release the booking at any time after day of arrival with no prior notice.
The Bürgenstock Resort expressly reserves the right to revise the prices with due notice communicated. All rooms reservations are subject to different rate conditions and inclusions which are all to be consumed during the guest stay as per initial booking confirmations. If such rate program inclusions are not consumed during the guests stay as per initial booking confirmation, none of such inclusions, herein referred ass services, will be credited to further stays or reimbursed. All rooms reservations of more than 5 rooms up to 10 rooms for same stay dates, same arrival & departure pattern or similar features such as room types, pax occupancy etc overlapping same dates, will be treated as group reservations and will be subject to different terms & conditions than the ones initially booked as per system booking confirmations.
A deposit of 50% of the amount of the reservation is required at time of booking. This amount is non-refundable and will be applied as a credit towards a new booking in the event of cancellation in due time (14 days prior to arrival). The reservation can be cancelled free of charge up to 14 days before arrival. In case of no-show and/or cancellation less than 14 days prior to arrival, the entire outstanding invoice amount is owed with no option for refund or credit.
4. Withdrawal of the bürgenstock resort from the agreement Should the service that the Bürgenstock Resort is under agreement to provide, become substantially more difficult or impossible to render, entirely or partially, owing to force majeure or other circumstances beyond the control of the Bürgenstock Resort, the Bürgenstock Resort may, in whole or in part, withdraw from the agreement to the extent of the unfulfilled portion of the contract, without compensation.
The Bürgenstock Resort is also entitled to withdraw from the contract without compensation if there are reasonable grounds to believe that the guest stay can endanger the trouble-free operation, security, or reputation of the Bürgenstock Resort vis-à-vis the public, or if the customer is in violation of Point 11 of this GTC. The Bürgenstock Resort expressly reserves the right to claim for damages against the customer.
5. Arrival and departure times Hotel rooms are available on the day of arrival from 3:00 p.m., and are to be vacated on the day of departure before 12:00 noon.If, without permission of Bürgenstock Hotels AG, the rooms are only vacated after 12.00 noon, an amount of 50% of the room rate will be charged for all delays departure till 16.00. After 16.00 the client will be subject to full daily rate charge as per rate availability on the day of departure.
The individual room reservations booked by the client are subject to the booked rate program T&Cs In case of an unexpected impossibility to provide the pre-booked hotel rooms, the Hotel will be responsible to organize accommodation in a similar category hotel with comparable quality. Furthermore the Hotel will take over any costs related to the reorganization such as: Transport from the Hotel to the similar category hotel and one phone call.
The hotel will not take over any additional cost other than the ones listed above but only the price difference between the booked daily rate to the rate offered in the alternative accommodation location thus the customer will be subject to the charge covering the daily rate booked as per above contract.
6. Official fire regulations/ other safety regulations/installation of decorative material The client agrees to observe all fire safety regulations of the Bürgenstock Resort, especially with regard to keeping escape routes clear, compliance with the smoking ban, etc. All decorative material if any brought in by the client must comply with official fire regulations.The client is responsible for ensuring that no more people are granted access to any of the room types booked, other than the Hotel rules & regulations.
The maximum numbers specified by the Bürgenstock Resort are binding in this regard. In case of violation, the Bürgenstock Resort declines all liability.
The installation of decorative materials or other objects on walls, doors, and ceilings always requires the prior consent of the Bürgenstock Resort. The client is liable for any damage to the Bürgenstock Resort arising from the use of these materials.
7. Defects, liability, limitation of actions The customer is liable to the Hotel for all damages, losses or other harm caused by himself, or other third party associated with his/ her stay.
The Hotel declines any liability for theft and damage to property which are caused by the customer, by or third parties associated with his/ her stay.
Any claims to compensation on the part of the customer shall be excluded. Losses arising from harm to life, physical injury or damage to health where the Hotel is responsible for the violation of the obligation, other losses based on a deliberate or grossly negligent violation of obligations on the part of Bürgenstock Resort and losses based on a deliberate or negligent violation by the Hotel of obligations typical for the Agreement shall be excluded here from.
It is the responsibility of the customer to insure exhibition objects and other objects, which are introduced, by the customer, or third parties associated with his/ her stay.
Any violation of obligations by a statutory representative or vicarious agent shall be regarded by the Hotel as equivalent to violation.
In the event of faults or defects in the services provided by the hotel, the hotel shall endeavour to remedy the defect as soon as it becomes apparent, or in response to the complaint of the customer, which must be lodged without undue delay. The customer undertakes to take all reasonable measures to eliminate the fault and to keep any possible losses to a minimum. Apart from that, the customer undertakes to advise Hotel in due time of the possibility of an exceptionally high loss.
If the customer uses a parking space in the Hotel garage/on the hotel car park – including for a fee -, this is done outside the agreement for the letting of hotel rooms and/ or event spaces in the context of a separate contractual relationship with the operator of the garage or car parked.
The hotel shall make wake-up calls with due diligence.
Messages, mail and parcels for the customer shall be handled with due diligence. The hotel will take care of delivery, storage and – if expressly desired – forwarding of same in return for a fee.
Any claims against the hotel shall as a rule become statute-barred one year from the start of the standard limitation period, which starts to run when the Oblige- here the Client has knowledge of the circumstances giving rise to the claim. Claims for damages shall become statute-barred independent of knowledge after five years. The reduction of the periods of limitation shall not apply to claims based on a deliberate or grossly negligent violation of obligations on the part of the hotel.
The Hotel may demand proof of adequate insurance on the part of the customer at any time.
The customer is obliged to observe public order. He undertakes to fully indemnify the Hotel from all claims, both civil and those governed by public law, which may be imposed on the Hotel by public authorities or third parties associated with his/ her stay and pay the relevant claims in their entirety.
The Hotel shall only be held liable for intentional or grossly negligent contractual or non-contractual damage, and only for direct damages. Any further liability, particularly where negligence is deemed to be slight or moderate, or for indirect damages, including lost profits, is explicitly excluded.
8. Printed materials/media ads The use of logos/images of the Bürgenstock Resort in any form by the client always requires the prior written permission of the Bürgenstock Resort. If publication of said logos/images takes place without such consent, the Bürgenstock Resort is entitled to withdraw from the contract. The client is liable for any damage to the Bürgenstock Resort arising from the use of these logos/images.
9. Prepayment All individual room reservations are subject to payment conditions as per rate program previously booked and agreed by the client at the time of the completion of the booking processIf the client provides no valid method of payment at the time of booking, Bürgenstock Resort reserves the right to release the bookings with no prior notice between date of booking and arrival date.
10. Applicable law/jurisdiction Swiss law applies exclusively to any contract concluded. The jurisdiction is the Nidwalden Cantonal Court in Stans. Should any individual provision become ineffective, the effectiveness of the remaining provisions remains unaffected. In such a case, any ineffective provision will be replaced with another provision which fulfils the intention of the former or missing provision and of the contract overall.
These General Terms and Conditions are subject to change.