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Disclaimer

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General Terms and Conditions (GTC)

General

1. Scope
These General Terms and Conditions (hereinafter called GTC) apply to the rental use of rooms and/or conference and banquet facilities as well as to other connected services and deliveries by the Hotel Schweizerhof Bern AG (hereinafter called Hotel Schweizerhof) to customers. All offers by the Hotel Schweizerhof are based on the following GTC. It forms an integral part of every contract. If the present GTC contradicts any contractual conditions of a customer, then the present GTC has preference.

2. Conclusion of the contract
After making a reservation, the customer will receive a written confirmation of the reservation from Hotel Schweizerhof. The contract between the two parties comes into force only with this written confirmation of reservation from Hotel Schweizerhof to the customer.

3. Services, payments and prices
Hotel Schweizerhof undertakes to provide the services ordered by the customer and confirmed in writing by Hotel Schweizerhof.
All prices are understood to be in Swiss francs (CHF) and include the statutory value-added tax (VAT).

Hotel Schweizerhof is entitled to demand an appropriate advance at any time. The amount of the advance and the dates for payment will be agreed in writing in the contract. If the customer does not comply with the demand for an advance in time, Hotel Schweizerhof is entitled to withdraw from the contract after setting a reasonable period of grace. The customer is liable towards Hotel Schweizerhof for the damages arising from this.

If Hotel Schweizerhof does not request an advance then the entire invoice amount is to be paid at the time of departure by the customer by credit card (Mastercard, VISA, American Express, Diners, JCB), debit card (EC/Maestro, Postcard) or in cash. If it is agreed that the payment will be made by invoice, then the entire invoice amount is due 10 days after the date of the invoice. Hotel Schweizerhof is entitled to charge default interest of 5%.
Hotel Schweizerhof reserves the right exclusively to make price changes.

4. Liability
The customer is liable towards Hotel Schweizerhof for any damages and losses or other damages caused by him, his colleagues, his representatives or the participants or any other third party. Hotel Schweizerhof rejects any liability for theft and damage to goods, which were brought by the customer, participants to the event or by a third party. It is the responsibility of the customer to insure exhibits or other objects, which were brought in by the customer, participants to the event or by a third party. Hotel Schweizerhof can request proof of an adequate insurance from the customer at any time.
The customer is obliged to comply with the rules of law and order. He undertakes to fully indemnify Hotel Schweizerhof from any civil and public claims, which are brought against Hotel Schweizerhof by authorities or third parties (including participants to the event, guests or colleagues and contractual partners of the customer) on the basis of his event, due to his event or to bear all the corresponding claims.

Hotel Schweizerhof is liable only for damages that were caused intentionally from gross negligence contractually and non-contractually and only for direct damages. Any other liability, particularly in cases of slight or moderate negligence or for indirect damages, like lost profit in particular, is excluded.

5. Withdrawal by Hotel Schweizerhof
Hotel Schweizerhof can withdraw from the contract without compensation to the extent of the part of the contract not yet fulfilled completely or partially, if Hotel Schweizerhof finds it difficult or impossible to provide the services on account of force majeure or other circumstances beyond the control of Hotel Schweizerhof.
Hotel Schweizerhof is also entitled to withdrawal without compensation if there is a justified reason to believe that the events can endanger smooth business operations, security or the reputation of Hotel Schweizerhof in the eyes of the public or the customer violates Item 12 of these General Terms and Conditions. Possible claims for damages by Hotel Schweizerhof towards the customer are reserved.

Hotel rooms

6. Dates for arrival and departure
The hotel rooms will be available on the day of arrival at 3 PM and checkout should follow by 12 noon on the day of departure.

7.  Block bookings/Reserved rooms
The customer has to send Hotel Schweizerhof a list of participants with the following details 14 days before arrival at the latest: First name and surname of all guests, time of arrival, payment terms for the guests.
Hotel Schweizerhof will release the rooms available from the reserved rooms for other customers after the expiry of the deadline.

8. Conditions for cancellation
The following conditions for cancellation apply for cancellation of reservations and for no-shows as well as in the case of early departure.
Cancellation of the reservation of individual hotel rooms (up to a total of 3 rooms) has to reach Hotel Schweizerhof at least 42 hours before the date of arrival (up to 6 PM local time). The room price will be calculated for one night in case of a cancellation within 24 hours before the date of arrival.

Hotel Schweizerhof has to be informed of the cancellation of a block booking of several hotel rooms (from a total of 4 rooms) as follows at the latest:

Up to 10 rooms: 14 days before arrival
Up to 25 rooms: 30 days before arrival
From 25 rooms: 42 days before arrival

The customer will be charged the following cancellation costs they cancel after the expiry of the above-mentioned deadlines:

Up to 10 rooms:
7–13 days before arrival:      75% of the total contracted amount
From 6 days before arrival: 100% of the total contracted amount

Up to 25 rooms:
11-29 days before arrival: 75% of the total amount of contracted goods and services
From 10 days before arrival: 100% of the total amount of contracted goods and services

From 26 rooms onwards:
21–41 days before arrival: 75% of the total amount of contracted goods and services
From 20 days before arrival: 100% of the total amount of contracted goods and services

Services provided in advance by Hotel Schweizerhof and its partners are to be paid in full for all cancellations.

Hotel Schweizerhof reserves the right to define distinct cancellation conditions in contracts.

Banquet and conferences

9. Use of the rooms/Approvals
Hotel Schweizerhof reserves the right to make changes in the room if the facilities correspond to the requirements and interest of the organizer and is justifiable for him. A sublease or further lease of the rooms or areas by the customer requires the prior written approval of Hotel Schweizerhof.
The organizer has to obtain any necessary approvals himself at his own cost, unless otherwise stated in the contract. Copyright fees in connection with music performances are to be registered and settled by the organizer himself.

10. Number of participants
The organizer has to inform Hotel Schweizerhof the definite number of participants (guaranteed number) at least 3 working days before the function. The indicated guaranteed number applies as the basis for the calculation even if the effective number of persons as a consequence is less; the effective costs incurred will be billed in case the effective number of persons is higher. Hotel Schweizerhof does not guarantee that it can take care of all guests, if the effective number of participants is higher.

11. Fire safety regulations/other safety regulations/Putting up decoration material
The organizer undertakes to comply with the fire safety regulations of Hotel Schweizerhof, in particular to keep the escape routes and the compliance of the ban on smoking. Decoration material brought in by the organizer has to comply with the fire safety regulations.
The organizer is moreover responsible that additional people are given entry, than the capacity of the corresponding room. The maximum numbers given by Hotel Schweizerhof are binding. Hotel Schweizerhof rejects any liability in case of a violation.

Putting up decorations and other objects on walls, doors and ceilings requires the prior approval of Hotel Schweizerhof. The organizer is liable for any damages arising from this for Hotel Schweizerhof.

12 Printed matter / advertisements in the media
The use of logos/pictures of Hotel Schweizerhof in any form by the organizer requires the prior written approval of Hotel Schweizerhof always. Hotel Schweizerhof is entitled to withdraw from the contract if there is a publication without the corresponding approval. The organizer is liable then towards Hotel Schweizerhof for damage arising from this.

13. Surcharges
The following night surcharge will be calculated from midnight onwards:
1–50 persons  from 51 persons onwards
Up to 1 AM CHF 250  CHF 300
Up to 2 AM CHF 600  CHF 750
Up to 3 AM CHF 900  CHF 1200

14. Catering
The organizer undertakes to draw all food and drinks from Hotel Schweizerhof, unless agreed otherwise in writing. Otherwise corkage agreed on in advance will be billed.

15. Cancellation of the event by the organizer

Cancellation of reservations have to reach Hotel Schweizerhof in advance and in writing.

0–30 participants: No charges in the case of cancellation of banquets with less than 30 persons if the written cancellation reaches Hotel Schweizerhof at the latest 31 days before the date of the event. The organizer will be billed in the case of cancellation from 30 days before the date of the event as follows:
Cancellation 21-30 days in advance: 50% of the total amount of contracted goods and services
Cancellation 11-20 days in advance: 75% of the total amount of contracted goods and services
Cancellation 0–10 days in advance: 100% of the total amount of contracted goods and services

From 30 participants onwards: No charges in the case of cancellation of banquets with over 30 persons if the written cancellation reaches Hotel Schweizerhof at the latest 42 days before the date of the event. The organizer will be billed in the case of cancellation from 41 days before the date of the event as follows:
Cancellation 21–30 days in advance: 50% of the total amount of contracted goods and services
Cancellation 11–20 days in advance: 75% of the total amount of contracted goods and services
Cancellation 0-10 days in advance: 100% of the total amount of contracted goods and services

Services provided in advance by Hotel Schweizerhof are to be paid in full in every case.

Hotel Schweizerhof reserves the right to define distinct cancellation conditions in contracts.

Applicable law / Court of Jurisdiction
Swiss law is applicable exclusively for the contract. The Cantonal Court Nidwalden in Stans is the Court of Jurisdiction. Should individual provisions of these General Terms and Conditions be invalid, then the validity of the remaining provisions hereof shall in no way be affected. In such a case, the invalid provision will be replaced by a logical similar but valid provision.

Berne, July 2010