General Terms & Conditions | Hôtel de Verbier

DATA PROTECTION

 

1. Application and scope of the Terms

1.1 These General Terms and Conditions together with the Privacy Policy (jointly the “Terms”) apply to any service or product, provided by Hôtel de Verbier SA (the “Hotel” or “we”) to a Hotel client (the “Guest” or “you”). The term Guest covers both the end customer and the commercially active contractor.

1.2 The Terms constitute a binding legal agreement between the Guest and the Hotel once the confirmation (by e-mail, sms, letter or similar) has been sent to the Guest.

1.3 If a third party has acted on the Guests behalf, the Guest will be jointly and severally liable to the Hotel together with the third party for all obligations that arise from or in connection with the stay at the Hotel.

1.4 Further provisions outside of these Terms may apply to you. Such further provisions apply in addition to these Terms.

1.5 All Hotel offers are based on the Terms, which constitute an integral part of any agreement entered into. Should these Terms conflict with any terms agreed explicitly and in writing with the Guest, such conflicting terms will take precedence over the Terms (unless otherwise explicitly stated in the Terms).

 

2. Performance of services, prices

2.1 The Hotel provides the services requested by the Guest and agreed to by the Hotel in writing.

2.2 All prices are in CHF, statutory rate VAT included. The Guest must pay the applicable or agreed price of the Hotel for the provision of the room and the other services it has used. This also applies for services ordered by the Guest and expenses of the Hotel with third parties incurred for services arranged on behalf of the Guest.

2.3 If the period of time between the conclusion of the contract and the arrival of the guest exceeds 6 months, and the legal VAT rate or any other local taxes and duties increase, or if new local taxes and duties are introduced, the Hotel reserves the right to increase the agreed prices by the amount of the rise in VAT or local taxes and duties, or by the amount of the newly-introduced local taxes and duties.

 

3. Payment terms

3.1 The Hotel reserves the right to change the offered prices on the Website over time.

3.2 Each booking must be guaranteed by means of a valid credit card at the time of booking.

3.3 The Hotel is entitled to demand appropriate advance payment. The Hotel distinguishes between non-refundable and refundable bookings.

3.3.1 A non-refundable booking requires a pre-payment of the total booking amount, which is paid at the time of booking.

3.3.2 A refundable booking requires the Guest to provide valid credit card details at the time of booking. The payment for the booking is charged to the card 30 calendar days prior to the arrival of the Guest.

3.4 To the extent the Hotel has not demanded advance payment, any remaining invoiced amount is payable by the Guest before departure at the latest, either by credit card or in cash. If the Guest requests to pay on receipt of invoice and the Hotel agrees to this, the invoiced amount is payable within 30 calendar days of the invoice date.

3.5 In the event of late payment, the Hotel is entitled to charge interest at a rate of 5% to the Guest as well as any incurred debt enforcement or collection costs.

 

4. Reservations and changes

4.1 For block reservations (reservation of 5 rooms or more), the Guest must provide the Hotel, at the latest 7 days before arrival date, the following information concerning the Guests: (a) arrival time, (b) full names, and (c) preferred payment method. After expiry of the period set by the Hotel, the rooms which have been allocated but are still available will be released for other reservations.

4.2 The Hotel reserves the right to change room allocations to the extent that the room corresponds to the requirements and interests of the Guest and such change may be justified to the Guest.

4.3 If, for whatever reason, the Hotel is unable to provide the Guest with a reserved room, then the Hotel provides a room of equal value. If no room of equal value is available, the Hotel provides an available room in a different category.

 

5. Cancellation policy

5.1 This cancellation policy applies to (a) reservation cancellations, (b) no-shows (i.e. non-appearances of which the Hotel has not been informed), and (c) early departures (i.e. before the agreed departure date).

5.2 A cancellation of a reservation or a block reservation (regardless of any reservation being cancelled partially or in full) must be communicated in writing to the Hotel as early as possible, and at the latest as per the different particular cancellation condition communicated in connection with the reservation). In particular:

5.2.1 A non-refundable booking will not be re-paid in case of a cancellation, modification, early departure or no-show. The total amount paid remains with the Hotel.

5.2.2 A cancellation or modification of a refundable booking will not be charged to the provided credit card if made at least 30 calendar days prior to the scheduled arrival time. Any cancellation or modification thereafter will not be refunded.

5.2.3 The cancellation of the reservation of event facilities must however always be communicated at the latest 90 calendar days before the start of the event.

5.3 In case of late reservation cancellation, no-show or early departure, the Hotel reserves the right to charge the full rate for all room nights or event occasions that have not been utilized.

5.4 All services that have been provided in advance by the Hotel and/or its partners are payable in case of a cancellation.

 

5.5 OVERRULING COVID-19 CANCELLATION POLICY OF INDIVIDUAL HOTEL ROOMS

The Hotel will provide a 100% refund if travel restrictions are communicated to the Hotel up to 48h before arrival.

Travel restrictions constitute:

– if a Guest is unable to enter Switzerland because of restrictions imposed by;
(a) the Swiss government OR
(b) the government of the Guest’s domicile country OR

– if quarantine is established;
(a) when entering Switzerland OR
(b) in the Guest’s domicile country if the Guest has visited Switzerland.

 

6. Arrival and departure times

6.1 The hotel rooms will be ready for occupation from CET 15:00 on arrival date and have to be vacated and checked-out by CET 10:00 on departure date.

6.2 Arrivals and departures outside of the times stated above are only possible subject to availability and with prior confirmation of the Hotel reservation or reception teams. Such arrivals and departures may be charged additionally.

 

7. The Guest’s use of the space, events and safety

7.1 The rented space and the items, appliances and facilities provided by the Hotel may exclusively be used for their intended purpose. The Hotel is not liable for any damages or bodily injuries caused by the misuse of the items, appliances and facilities.

7.2 Loss or damage arising as a result of the Guest’s negligence or intent may be charged by the Hotel.

7.3 The Guest may not let or sublet any space or use of any Hotel space without the prior written consent of the Hotel. The Guest indemnifies and holds the Hotel harmless for any damage or loss arising out of such a use by the Guest or its associates.

7.4 The complete or partial reproduction, distribution, modification, linking or use for commercial or public purposes and any type of exploitation outside the limits of copyright law of any of the Hotel’s or its licensors’ trade names, trademarks, service marks and other product and service names and logos, whether registered or unregistered, requires the prior written consent of the Hotel.

7.5 These Terms do not grant any license to use the intellectual property of the Hotel or third parties. Any rights not expressly granted in these Terms are reserved.

7.6 To the extent that the agreement does not contain any provisions to the contrary, the Guest must obtain all necessary authorisations at the Guest’s expense in relation to any Guest event, banquets or similar. The Guest gives prior notification of any arrangements for royalties due to the performance of music, and the Guest pays these royalties. The Guest informs the Hotel as early as possible of the final number of participants. The final number of participants has to be confirmed in writing 72 hours before the event. This number will be taken for final billing even if the confirmed number is not reached. If there are any changes in the number of participants, such have to be sent to the Hotel in written form. In case of deviation in the number of guests, the Hotel is entitled to newly define the confirmed prices and/or to change the confirmed location.

7.7 The Guest undertakes to comply with the Hotel’s safety regulations, and in particular not to block escape routes, to observe the no-smoking rule, etc. Furthermore, any decorations installed by the Guest must adhere to such regulations. The Guest is also responsible for ensuring that the number of persons to whom access is granted does not exceed the capacity of the room used. The maximum figures set by the Hotel are binding in this respect. The Hotel is not liable in the event of non-compliance with this provision. The hanging of objects on walls, doors and ceilings require in all circumstances the prior consent of the Hotel. The Guest is liable for any damage caused to the Hotel by such objects.

 

8. Liability, mountain, spa and gym activities

8.1 The Hotel is only liable to the Guest for wilful or grossly negligent damage inflicted on the latter, which has occurred as a direct consequence of the Hotel’s failure to fulfil its contractual obligations or of materially inadequate performance. In any case, the sum of the damages is limited to a maximum of the cost of the stay booked by the guest or actually paid upon their departure (excl. VAT and cash payments). The Hotel has no further liability, and in particular no liability for ordinary or moderate negligence or for indirect loss.

8.2 The Hotel is not liable activities initiated by the Guest or its associates or for services provided by a third party, including services that have been organised by the Hotel. This applies, but is not limited, to any kind of injury or damage incurred in relation to activities organized via a mountain concierge, activities related to restaurant, bar or events, activities in the gym, activities in relation to massage and/or the spa, in particular also including any possible worsening or triggering in relation to any pre-existing condition .

8.3 The Hotel is not liable for the damage to or theft of assets brought to the property by the Guest, its associates or other third parties. The Guest bears the responsibility to insure items on display and other objects brought to the property by the Guest, its associates or third parties. The Hotel may at any time demand from the Guest evidence of adequate insurance cover.

8.4 The Guest is liable to the Hotel for all damage and loss caused by the Guest, its associates or other third parties.

8.5 The Guest keeps the peace and maintains order. The Guest keeps the Hotel indemnified against any civil law or public law claims which may be brought by public authorities or third parties as a consequence of the Guest’s stay at the Hotel, or to settle all such claims in their entirety.

8.6 The Hotel expressly reserves the right to instigate claims for compensation against a Guest who is in breach of these Terms.

 

9. Force majeure and withdrawal

9.1 Should it be made materially difficult or impossible for the Hotel to perform under the agreement, as a consequence of an event of force majeure (e.g. natural disaster such as heavy gale, flooding or earthquake, hostage taking, war, riot, nuclear incident, strike, unforeseen regulatory restrictions, pandemics) or other circumstances for which the Hotel cannot be held responsible, the Hotel may withdraw from the agreement in respect of that part of the agreement which remains to be performed, without having to pay compensation.

9.2 The Hotel is furthermore entitled to withdraw from the agreement without being under an obligation to pay any compensation if there are reasonable grounds to suppose that the event might jeopardise the smooth running of the Hotel business, the security of the Hotel or its other guests, or the public reputation of the Hotel.

9.3 Should force majeure make it impossible for the Guest to use the agreed services and this was not reasonably foreseeable to the Guest, the Guest may withdraw from the agreement in respect of that part of the agreement which remains to be performed, without being under an obligation to pay any compensation.

 

10. Privacy and data protection

10.1 In so far as the Hotel is processing personally identifiable information, the handling of such data is described in more detail in the Hotel’s Privacy Policy.

 

11. Severability, No waiver, modifications

11.1 No variation, waiver or release of this agreement by the Hotel is deemed effective unless made in writing signed by or on behalf of the Hotel.

11.2 The Hotel’s failure to enforce strict compliance with any of these Terms shall not be construed as a waiver.

11.3 Should any individual provision of these Terms be deemed to lack legal effect, this will not affect the validity of the remaining provisions. In such a case, the provision which is ineffective will be replaced by an analogous provision.

11.4 This page was last modified on 23 September 2020.

 

12. Applicable law and jurisdiction

12.1 Any dispute, controversy or claim arising out of, or in relation to, this agreement, including the validity, invalidity, breach, or termination thereof, will be governed by Swiss laws excluding its conflicts of law provisions.

12.2 The courts of Valais have exclusive jurisdiction with respect to all litigation or any disputes arising out of or in connection to these Terms.