General Terms and Conditions (GTC)

(HEREINAFTER REFERRED TO AS GTC)

1. Scope

a. These terms and conditions apply to the temporary and paid provision of hotel rooms for accommodation as well as for all services and deliveries provided in this context, including any advance services for the benefit of the guest.
b. The guest’s terms and conditions do not apply unless a different agreement has been explicitly made in writing. This also applies to the waiver of the written form requirement. The term “guest” within these terms and conditions refers to both the end consumer and the commercially active entrepreneur.

2. Contracting Parties

a. The contracting parties are The Capra Hotel GmbH (hereinafter referred to as the “Hotel”) as well as the restaurant Spielboden by The Capra, and the ordering party/customer – hereinafter referred to as the “Guest.”

3. Formation of the Contract

a. The contractual relationship is established with the sending of the electronic confirmation to the guest. Changes or cancellations can only be made within the framework of these GTC.
b. If a third party has acted on behalf of the guest, the guest is liable to the hotel together with the third party as joint and several debtors for all obligations arising from or in connection with the hotel stay.

4. Prices

a. Prices for rooms and other services in the hotel are exclusively stated in Swiss Francs (CHF) and include the statutory value-added tax according to Swiss law

5. Guarantee, Invoicing, Prepayment

a. Each booking must be guaranteed with a valid credit card.
b. In the case of a prepayment, 100% of the total amount must be paid within the period specified in the confirmation (usually 7 days before arrival).
c. Any agreed prepayment must be received before the guest’s arrival. Otherwise, the guest will be charged upon arrival in full. Prepayments are subject to VAT.

6. Check-in and Check-out

a. Hotel rooms are available from 3:00 PM and must be vacated by 12:00 PM on the day of departure.
b. Check-in or check-out outside the mentioned period is only possible upon availability and prior contact with our reservation or reception and will be charged accordingly.
c. Depending on the booking situation, a late departure until 1:00 PM can be granted free of charge, until 5:00 PM at half the room rate, and thereafter at the full room rate.
d. If a guest wishes to guarantee the room before 3:00 PM, the preceding night must be booked at full price.

7. Use and Return of Hotel Rooms

a. The use of hotel rooms and the use of the provided items, devices, and facilities may only be used for their intended purpose. The hotel is not liable for damages and physical injuries resulting from improper use of the provided items, devices, and facilities. Improper use also includes using the rented hotel rooms with more people than intended or registered.
b. Damages caused by the guest intentionally or negligently can be charged by the hotel.
c. Smoking in hotel rooms is not permitted. In case of violation, additional costs (increased cleaning effort, loss of revenue, etc.) can be charged to the guest.

8. Breakfast

a. Breakfast is always included in our room rates.

9. Pets

a. Pets are permitted in the hotel at CHF 45.00 per night (excluding food). A dog blanket/dog basket and 2 bowls are available for dogs. Please note that pets (such as dogs) are only permitted in designated places in our Brasserie 1809. If you bring a small pet, you must inform the hotel in advance (breed and weight). The pet’s owner is liable for any damage to furniture.

10. Interim and Final Billing

a. During the stay, the customer can request an interim invoice for the services provided up to that point at any time.
b. The final bill is payable no later than upon departure.

11. Cancellation Policy

a. A cancellation must reach us no later than 7 days before the arrival date, by 12:00 noon.
b. For any cancellation after the period or no-show, cancellation fees will be charged.
c. During certain periods, a longer or shorter cancellation period can be agreed upon, which will be noted accordingly in the reservation.

12. Spa/Wellness

a. The guest is obliged to always follow the spa regulations and spa etiquette. The spa etiquette (general conditions) is included in the registration form.
b. Cancellations of treatments must be notified to the hotel or Peak Health Spa at least 24 hours before the treatment date. If you cancel within 24 hours of the treatment appointment, the full invoice amount will be charged.
c. Guests are obliged to inform the spa employees or therapists about any medical conditions (e.g. high blood pressure, heart problems, pregnancy, allergies, etc.) before the treatment.

13. Restaurant

a. Reservations are recommended and guaranteed with credit card details. The contractual relationship is only concluded when the electronic confirmation is sent to the guest.
b. Reservations of more than 8 people are referred to as a group and require a pre-selected menu.
c. The guest is obliged to inform the hotel of any special dietary requirements or allergies before visiting or ordering.
d. Late arrivals more than 30 minutes after the agreed time will be charged as a no-show.
e. Cancellations should be made at least 12 hours before the reservation date. A fee may apply for late cancellations or no-shows, particularly for group bookings.
f. All prices include VAT. Tips are at the guest’s discretion.
g. The restaurant is not responsible for any loss or damage to personal items during your visit.

14. Hotel’s Right of Withdrawal

a. If an agreed or according to point 5 required prepayment or other payment security is not made even after a reasonable short grace period set by the hotel, the hotel is entitled to withdraw from the contract immediately.
b. Furthermore, the hotel is entitled to withdraw from the contract with immediate effect if the acceptance, continuation, or complete fulfillment of the contractual relationship is unreasonable for the hotel, including but not limited to the following cases:

i. Force majeure or other circumstances for which the hotel is not responsible make the fulfillment of the contract appear unreasonable,
ii. Rooms and/or event spaces have been booked with misleading or false information regarding essential facts (e.g., the guest’s identity or the purpose),
iii. The hotel has justified reasons to believe that the use of the hotel services may endanger the smooth operation, safety, or reputation of other guests and/or the hotel, without this being attributable to the hotel’s control or organization.

c. In the aforementioned cases, the hotel is entitled to withdraw from the contract immediately, and the guest has no claim for damages. Any prepayments made by the guest fall to the hotel according to the provisions set out in point 15.

15. Hotel Liability

a. The hotel is generally liable to the guest only for damage caused intentionally or through gross negligence, which is a direct result of a non-performance or significantly poor performance of the hotel’s contractual obligations. The amount of compensation is in any case limited to the amount paid by the guest for the stay or actually paid upon departure (excluding VAT and cash withdrawals).
b. Should disruptions or defects in the hotel’s services occur, the hotel will strive to remedy them upon knowledge or immediate complaint by the guest. The guest is obliged to do everything reasonable to rectify the disruption and keep any possible damage to a minimum and to notify the hotel immediately of all disruptions or damages.
c. The hotel is only liable for the loss or damage of items brought in for intent and gross negligence. As far as the hotel is legally liable for third parties, it is also only liable if gross negligence on the part of the third person is present; the hotel’s liability is excluded if the third party caused the damage intentionally.
d. The hotel’s liability is expressly limited for third-party and indirect damage to the coverage of the hotel’s liability insurance. Any further liability is expressly excluded. Liability for valuables and cash only exists if these are stored in the room safe or handed over to the reception against receipt, up to a maximum amount of CHF 1’500.- per damage case. The hotel is not liable for damages caused by force majeure.
e. Any liability claims are forfeited without replacement if the guest does not immediately notify the hotel in writing of the loss, destruction, or damage after becoming aware of it.
f. In the event of loss or damage to parked or maneuvered vehicles of the guest and their contents on the hotel property, the hotel is not liable unless intent or gross negligence is present.
g. Messages, mail, and goods for the guest are handled with care. The hotel assumes delivery, storage, and – on request – forwarding of the same against payment. Claims for damages not based on gross negligence or intent as well as third-party or indirect damage are excluded.

16. Final Provisions, Jurisdiction, Applicable Law, and Address for Service

a. Unilateral changes or additions to these GTC by the guest are ineffective.
b. Changes or additions to these GTC or the contract require the written form, including their cancellation. Unilateral changes or additions by the guest are ineffective.
c. The place of performance and payment is the location of the hotel.
d. The exclusive place of jurisdiction is the location of the hotel. Swiss law applies.
e. Should individual provisions of these General Terms and Conditions be ineffective or void, the validity of the remaining provisions is not affected. Otherwise, the statutory provisions apply.
f. Any misunderstandings must be clarified in writing or by email.