These General Terms and Conditions (GTC) govern the legal relationship between the guest/customer/organizer, hereinafter referred to as the guest, and Hotel Balga Balgach AG as the operator of Hotel Balga and Restaurant Hedwig.
For the sake of simplicity, the term contract is always used in these GTC - regardless of the service in question.
The terms and conditions of Hotel Balga AG valid at the time of conclusion of the contract shall apply exclusively. The guest's general terms and conditions shall only apply if this has been expressly agreed in writing before the contract is signed.
Should individual provisions of these GTC be ineffective or invalid, this shall not affect the validity of the contract and the remaining GTC provisions. In all other respects, the statutory provisions shall apply.
The place of jurisdiction for any disputes arising from this contract is Balgach St. Gallen, unless another legally binding place of jurisdiction exists.
Swiss law shall apply exclusively to all contracts, reservations, any additional agreements and general terms and conditions. The place of performance and payment is the registered office of Hotel Balga Balgach AG.
Written confirmations: Written confirmations also include post and e-mail messages.
The contractual partners are the guest and Hotel Balga Balgach AG.
The contract for the rental of rooms, seminar rooms, areas and the purchase of other goods and services is concluded with the written confirmation of the guest or by implication.
A reservation made on the day of arrival itself is binding at the moment of acceptance by Hotel Balga Balgach AG.
Amendments to the contract shall only become binding for Hotel Balga Balgach AG upon (written) reconfirmation. Unilateral amendments or additions to the contract by the guest are invalid.
The prior written consent of Hotel Balga Balgach AG is required if rooms provided are to be sublet or rented to other parties or used for purposes other than accommodation.
The scope of the contract 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 rooms are available at Hotel Balga, Hotel Balga Balgach AG must inform the guest in good time and offer an equivalent replacement in a nearby hotel of a comparable or higher category.
Any additional expenses for the replacement accommodation shall be borne by Hotel Balga Balgach AG. If the guest refuses the replacement room, Hotel Balga Balgach AG must immediately refund any payments already made by the guest (e.g. deposits). The guest shall have no further claims.
Unless otherwise agreed, the guest has the right to use the rented rooms from 3 p.m. on the agreed day of arrival until 10 a.m. on the day of departure.
If the guest is late in vacating the room by 3 hours or more, Hotel Balga may charge 50% of the full accommodation price (list price) for use in excess of the contractual period. Contractual claims of the guest for the proper further use of the areas are not justified by this; the assertion of damages remains reserved.
In the event that the guest leaves the room late, Hotel Balga reserves the right to remove the guest's belongings from the room and store them in a suitable place in Hotel Balga for a fee.
Option dates are binding for both parties. Hotel Balga may dispose of the opted rooms/spaces or services without further notice after the option period has expired unused.
The confirmation must be received by Hotel Balga by the last day of the option period at the latest.
The prices communicated by Hotel Balga are in Swiss francs (CHF) and include statutory VAT, any visitor's tax and other charges.
The guest is obliged to pay the agreed or applicable prices of Hotel Balga for the room rental and the other services used by him. This also applies to orders placed by his companions and visitors.
Any increase in statutory charges after conclusion of the contract shall be borne by the guest. Prices in foreign currencies are approximate and will be charged at the current exchange rate. The prices confirmed by Hotel Balga are valid.
The prices may be changed by Hotel Balga if the guest subsequently requests changes to the number of rooms booked, the services provided by Hotel Balga or the length of the guest's stay.
Depending on the agreement or from a reservation amount of CHF 1000.00, Hotel Balga may require a deposit of 20% of the total booking amount. The deposit is to be understood as a partial payment of the agreed fee.
Hotel Balga may also require a credit card guarantee instead of a deposit.
An advance payment must be transferred within 1 day of receipt of the reservation confirmation. If the reservation is made at shorter notice, Hotel Balga requires a credit card guarantee for the entire booking amount.
If the deposit or credit card guarantee is not paid on time, Hotel Balga may withdraw from the contract (including all promises of services) immediately (without a reminder) and demand the cancellation costs listed in Section 10 of these GTC.
Hotel Balga shall be entitled to invoice or interim invoice its services to the guest at any time.
The final invoice shall include the agreed price plus any additional amounts incurred as a result of additional services provided by Hotel Balga for the guest and/or the persons accompanying the guest. Unless otherwise agreed, the final invoice must be paid in Swiss francs in cash or by accepted credit card at the latest at check-out on the day of departure.
Hotel Balga may charge a reminder fee of CHF 20.00 for each reminder.
The defense of set-off against claims of Hotel Balga is excluded.
Up to and including 60 days before the agreed date of arrival of the guest, Hotel Balga may withdraw from the contract without incurring any costs.
Furthermore, Hotel Balga is entitled to withdraw from the contract at any time for objectively justified reasons by means of an immediate, unilateral and written declaration with immediate effect:
Objectively justified reasons include, for example:
- an agreed advance payment or security deposit is not made within the period set by Hotel Balga;
- force majeure or other circumstances for which Hotel Balga is not responsible and which make the fulfillment of the contract objectively impossible;
- Rooms or rooms that are booked or used with misleading or false information, e.g. regarding the person of the guest or the purpose of use or stay;
- Hotel Balga has reasonable grounds to assume that the use of the agreed services may impair the smooth operation of the business, the safety of others or the reputation of Hotel Balga;
- the guest has become insolvent (bankruptcy or unsuccessful seizure) or has stopped making payments;
- the purpose or reason for the stay is unlawful.
If Hotel Balga withdraws from the contract for the aforementioned reasons, the guest shall not be entitled to compensation and the compensation for the booked services shall remain due.
Cancellation
Cancellation of the reservation requires the written consent of Hotel Balga. If this is not given, the agreed price must be paid even if the guest does not make use of contractual services. If the guest does not show up ("no-show"), at least 100% of the booked services will be charged.
Decisive for the calculation of the cancellation fee is the arrival of the guest's written cancellation at Hotel Balga. This applies to both letters and e-mail messages.
If the guest withdraws from the contract without an authorized cancellation or if certain reserved services are changed or cancelled, Hotel Balga may charge the following cancellation fees.
Cancellation fees:
Individual reservations
Loss minimization
Hotel Balga shall endeavor to reallocate the unused services for canceled individual and group reservations. If Hotel Balga is able to provide the canceled services to third parties during the agreed period, the guest's cancellation fee shall be reduced by the amount paid by these third parties for the canceled service.
If the guest cannot arrive or cannot arrive on time due to force majeure (flood, avalanche, earthquake, etc.), he/she 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 of arrival.
If the guest departs early, Hotel Balga is entitled to charge 100% of the total booked services.
In the event of early departure, Hotel Balga shall endeavor to reassign the unused services to another party. If Hotel Balga is able to provide the unused services to third parties during the agreed period, the guest's invoice amount shall be reduced by the amount paid by these third parties for the canceled service.
The transfer of the room to a third person or the use of the room by an additional person requires the (written) permission of Hotel Balga.
By concluding a contract, the guest acquires the right to the customary use of the rented rooms and the facilities of Hotel Balga by all booked persons, which are usually accessible to the guests for use without special conditions, and to the customary service. The guest must exercise his/her rights in accordance with any Hotel Balga and/or guest guidelines (house rules).
The room card/key provided by Hotel Balga remains the property of Hotel Balga and allows 24-hour access to Hotel Balga. The loss of the card/key must be reported immediately to reception. The guest will be charged CHF 20.00 for a damaged card and CHF 20.00 for the loss of the card/key.
The guest is responsible for the use of the Wi-Fi and is liable for misuse and illegal behavior when using the Internet.
Smoking is only permitted in designated areas/rooms throughout Hotel Balga.
Unless otherwise agreed, the guest is not entitled to an extension of his/her stay.
If the guest is unable to leave Hotel Balga on the day of departure due to unforeseeable exceptional circumstances / force majeure (e.g. extreme snowfall, flooding, etc.) and all departure options are blocked or unusable, the contract shall be automatically extended at the previous conditions for the duration of the impossibility of departure.
An event may include room rental, catering, technical facilities, accommodation and other services.
Number of participants
The guest undertakes to inform Hotel Balga of the binding number of participants for an event no later than 5 working days before the date of the event.
If the number of participants communicated by the guest differs from the final number of participants, the following shall apply:
Cancellation by the Hotel Balga and procedure for canceling events
See section 9 of these GTC.
Cancellation policy
Cancellation of the reservation requires the written consent of Hotel Balga. If this is not given, the agreed price must be paid even if the guest does not make use of contractual services.
Decisive for the calculation of the cancellation fee to be paid is the arrival of the guest's written cancellation at Hotel Balga.
If the guest withdraws from the contract without an authorized cancellation or if certain reserved services are changed or cancelled, Hotel Balga may charge the following cancellation fees.
Cancellation fees for events
If an event cannot be held for reasons that are not attributable to Hotel Balga and for which Hotel Balga is not responsible, Hotel Balga shall retain the right to payment of the agreed service in accordance with the order confirmation, taking into account the receipt of the written cancellation as follows:
Up to 2 months before the agreed date of the event at the latest, the guest may withdraw from the contract by means of a unilateral written declaration without incurring any costs.
Duration of the event
If the agreed start or end times of the event are postponed without the prior written consent of Hotel Balga, Hotel Balga may charge additional costs for the provision of personnel and equipment, unless Hotel Balga itself is responsible for the postponement.
Hotel Balga has the right to expel event participants from the premises after the expiry of any extension permit.
All food and drinks are to be purchased exclusively from Hotel Balga.
In special cases (specialties, etc.), a different written agreement can be made. In such a case, Hotel Balga is entitled to charge a service fee or a corkage fee.
Insofar as Hotel Balga procures technical and other equipment from third parties for the guest at the guest's request, it shall act for the account of the guest.
The guest is liable for the careful handling and proper return of the facilities. The guest shall indemnify Hotel Balga against all third-party claims arising from the provision of these facilities.
The use of the guest's own electrical equipment and appliances using Hotel Balga's power supply requires the prior written consent of Hotel Balga. Any malfunctions or damage to the technical equipment of Hotel Balga caused by the use of these devices and equipment shall be borne by the guest, unless Hotel Balga itself is responsible for them. Hotel Balga may record and charge a flat rate for the electricity costs incurred through the use of the electrical systems and equipment.
Faults in technical or other equipment provided by Hotel Balga shall be rectified as quickly as possible upon notification by the guest. Insofar as Hotel Balga is not responsible for the malfunctions, malfunctions shall neither reduce service claims nor give rise to liability.
The guest must obtain any official permits required for the event at his own expense. They are responsible for complying with the permits and all other public law regulations in connection with the event. Fines due to a breach of the permits are to be paid by the guest.
The guest is responsible for handling the formalities and settlements required in connection with music performances and sound reinforcement with the responsible institutions (e.g. SUISA).
Any exhibits or other items, including personal items, brought into the event rooms or the Gasthaus zur Traube Balgach AG premises are at the risk of the guest. The Hotel Balga assumes no obligation to guard or store such items. Hotel Balga accepts no liability for the loss, destruction or damage of items brought in, except in cases of gross negligence or intent on the part of Hotel Balga. The guest is responsible for insuring any items brought in.
Any decoration material brought along must comply with the fire police requirements. Hotel Balga is entitled to demand official proof of this. Due to possible damage, the installation and attachment of objects must be agreed with Hotel Balga in advance.
The exhibits or other items brought in must be removed immediately after the end of the event. Hotel Balga may have items left behind removed and/or stored at the guest's expense. If the removal involves disproportionately high costs, Hotel Balga may leave the items in the event room and charge the guest the usual room rental fee for the duration of their retention.
Packaging material (cardboard, boxes, plastic, etc.) that arises in connection with the delivery of the event by the guest or third parties must be disposed of by the guest. If the guest leaves packaging material behind at Hotel Balga, Hotel Balga is entitled to dispose of it at the guest's expense.
a) Gasthaus zur Traube Balgach AG
Hotel Balga shall not be liable to the guest for slight and medium negligence to the extent permitted by law and shall only be liable for damage caused intentionally or by gross negligence.
Should disruptions or defects in the services of Hotel Balga occur, Hotel Balga shall endeavor to remedy the situation upon immediate notification by the guest. If the guest fails to notify Hotel Balga of a defect in good time, there shall be no entitlement to a reduction in the contractually agreed remuneration.
If any damage is not reported to Hotel Balga immediately after its discovery, the guest's claims shall lapse.
Hotel Balga shall not be liable under any legal title for services which it has merely arranged for the guest.
Hotel Balga accepts no liability for theft or damage to material brought in by third parties.
b) Guest
The guest shall be liable to Hotel Balga for all damage and losses caused by him, his companions or assistants or event participants, without Hotel Balga having to prove fault on the part of the guest.
The guest is responsible for the correct use and proper return of all technical aids / equipment provided by Hotel Balga or procured on its behalf via third parties, and is liable for damage and loss.
The guest is liable to third parties for services and expenses incurred by Hotel Balga.
c) Third party
If a third party makes the booking on behalf of the guest, it shall be liable to Hotel Balga as the ordering party 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.
If a guest falls ill during their stay at Hotel Balga, Hotel Balga shall notify a doctor at the guest's request. If the guest is no longer capable of acting and Hotel Balga is aware of the illness, Hotel Balga shall notify the guest.
Medical care is always provided at the guest's expense.
The contract with Hotel Balga ends with the death of the guest.
Lost property will be forwarded if ownership is clear and the residential/business address is known. The guest bears the costs and risk of forwarding.
If the guest requests services that are not provided by Hotel Balga itself, Hotel Balga shall only act as an intermediary.
The statutory limitation periods shall apply. Insofar as these can be amended, an absolute limitation period of 6 months after departure shall apply to claims for damages by the guest.
Advertisements in the media (such as newspapers, radio, television, Internet) with reference to events at Hotel Balga, with or without the use of the unchanged company logo, require the prior written consent of Hotel Balga.
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