General Terms and Conditions for Events and Room Reservation Steinenschanze Stadthotel, Basel
1. Scope of application:
These General Terms and Conditions (hereinafter: GTC) regulate the legal relationship between the guest/customer (hereinafter: customer) and the Steinenschanze Stadthotel Basel (hereinafter: hotel), which is owned by the association COMPAGNA Basel.
The Hotel's GTCs valid at the time of conclusion of the contract shall apply exclusively. Individual agreements between the customer and the hotel take precedence over the GTC. In all other respects the statutory provisions shall apply.
The customer's general terms and conditions are excluded. References to the customer's general terms and conditions of business shall have no effect.
2. Definitions:
Groups/group tours: Groups or group travel in the sense of these GTC are travel groups of 10 or more persons.
Individual trips: Individual trips in the sense of these GTC are travel groups with less than 10 persons.
Written (re-)confirmation: Fax and e-mail messages are also considered to be written
(re-)confirmations.
3. Conclusion of contract and subject matter of the contract:
The contract between the Hotel and the Customer shall not come into effect until the reservation agreement has been confirmed or reconfirmed in writing by the Hotel. Amendments to the contract shall only become binding for the Hotel upon written confirmation. If the Customer registers additional guests, the Customer shall be liable for the entire invoice amount resulting from the reservation. A reservation which is only made on the day of arrival shall only be binding at the time of acceptance by the Hotel.
The actual services provided shall depend on the individual reservation confirmation or the contract.
4. Options:
Option dates are binding for both parties. After expiry of the option period, the hotel can freely dispose of all rooms or services without further notice, provided that the hotel has not received a mutually signed order confirmation.
5. Arrival and departure regulations for hotel rooms:
Subject to other agreements, the customer has the right and the obligation to use the rented rooms from 2.00 p.m. on the day of arrival and to vacate the rooms again by 12 noon on the day of departure at the latest.
The Hotel shall be entitled to charge 80% of the agreed room price if the rented rooms are not vacated in due time.
The Hotel may dispose of reserved hotel rooms that are not occupied by 6.00 p.m. on the day of arrival at the latest. This does not apply if a later arrival has been agreed in writing and by telephone and the reservation is guaranteed by a credit card number or an advance payment. A guarantee for a later arrival can also be provided by the company that has made the reservation. In this case an exact address must be provided.
6. Number of participants for events and group trips:
The customer undertakes to inform the hotel of the final and binding number of participants for events and group trips as early as possible, but no later than 48 hours before the date of arrival. Deviations of the number of participants downwards (compared to the number finally registered) will be considered with a maximum of 5%. Deviations in excess of this cannot be taken into account and are at the expense of the customer.
7. Prices:
The prices communicated by the Hotel are in Swiss Francs (CHF) and include the statutory value added tax. The Customer shall be obliged to pay the agreed or applicable Hotel prices for the provision of the room and the other services used by the Customer. 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 Customer.
Prices in foreign currencies are indicative and shall be charged at the current exchange rate. The prices confirmed by the Hotel shall apply. Prices may be changed by the Hotel if the Customer subsequently requests changes in the number of rooms booked, the Hotel's services or the length of stay of the guests.
Conversion into the Customer's currency is for information purposes only and has no contractual effect. Any costs incurred in connection with the conversion from the Hotel's currency to the Customer's currency (exchange rate, bank charges) shall be borne by the Customer.
Unless otherwise stated (packages), the prices quoted are per room or service for the pre-selected number of persons and dates. Unless included in the rate or specifically selected otherwise at the time of reservation, additional services (breakfast, half board, full board, etc.) are payable on site.
8. Payment obligation:
Advance payments:
The Hotel shall be entitled to demand advance payment to the extent of the reservation agreement. If an advance payment is made, this shall be deemed to be a partial payment on the agreed remuneration. The Hotel may also demand a credit card guarantee instead of an advance payment. An advance payment shall be transferred within 10 days of receipt of the reservation confirmation. If the reservation is made at shorter notice, the Hotel shall require a credit card guarantee for the entire amount of the reservation. If the advance payment or the credit card guarantee is not made in due time, the Hotel may rescind the contract (including all promises of performance) immediately (without reminder) and demand the cancellation costs listed under Item 9 of these GTC.
The Hotel shall have the right to invoice the Customer for its services at any time or to issue an interim invoice for its services.
Final invoice:
General: The final invoice shall include the agreed price plus any additional amounts incurred due to additional services provided by the Hotel to the Customer and/or persons accompanying the Customer. The Hotel may charge a reminder fee of CHF 10.00 for each reminder. The defence of set-off against claims of the Hotel is excluded.
Individual travel: Unless otherwise agreed, the final invoice shall be paid in Swiss Francs in cash or by accepted credit card at the latest on the checkout on the day of departure.
Group travel/events: Unless otherwise agreed, the Hotel shall invoice the expenses incurred following the event or arrangement. The Customer undertakes to pay the Hotel's invoices within 10 days of the invoice date without deduction.
If the Customer's company pays the costs of the stay, the same conditions apply as for events.
9. Cancellation by the hotel:
Up to and including 5 days prior to the Customer's agreed date of arrival, the Hotel may rescind the contract without any cost to the Hotel. Furthermore, the Hotel shall be entitled to rescind the contract extraordinarily and with immediate effect at any time for a factually justified reason by immediate unilateral written declaration.
Objectively justified reasons shall be deemed to include, for example:
- An agreed advance payment or security deposit shall not be made during the period set by the Hotel.
- Force majeure or other circumstances for which the Hotel is not responsible and which make performance of the contract objectively impossible.
- Rooms or rooms booked or used under misleading or false information, e.g. in the person of the Customer or the use or purpose of the stay.
- The Hotel has reasonable cause to believe that the use of the agreed services may impair the smooth running of business, the safety of its guests or the reputation of the Hotel.
- The Customer has become insolvent (bankrupt or fruitless attachment) or has suspended payments.
- The purpose or occasion of the stay is unlawful.
If the Hotel cancels the contract for the aforementioned reasons, the Customer shall have no claim to damages. The customer's compensation for the booked services remains due in principle.
10. Cancellation of the reservation / cancellation fees:
Cancellation:
Cancellation of the reservation agreement must be notified to the Hotel by the Customer as early as possible and requires the Hotel's written consent. Without such consent, the agreed price shall be payable even if the Guest does not make use of contractual services.
Cancellation fees for events or group travel:
If the group trip or event is cancelled up to 31 days before the event, the Hotel shall not charge any cancellation fees. Otherwise, the following cancellation fees will be charged regardless of the reason for cancellation:
- 50 % of the reserved services in case of cancellation between 30 and 16 days before the event or the day of arrival,
- 75 % of the reserved services in case of cancellation between 15 and 8 days before the event or the day of arrival,
- 100 % of the reserved services in the event of a no-show between 7 and 0 days before the event or the day of arrival and in the event of a no-show.
Cancellation fees for individual trips:
If the cancellation of the reservation agreement is made before and including 12.00 noon on the day of arrival, no cancellation fees will be charged. Otherwise, the following cancellation fees will be charged regardless of the reason for cancellation:
- 50 % of the reserved services in case of cancellation between 12.00 and 18.00 hrs on the day of arrival,
- 100 % of the reserved services in case of a cancellation from 18.00 hrs on the day of arrival and in case of a "no show".
Reduction of damages:
The hotel endeavors to compensate for cancelled individual or group reservations by allocating the unused services elsewhere. If the Hotel is able to provide the cancelled services to third parties elsewhere within the agreed period, the Customer's cancellation fee shall be reduced by the amount paid by such third parties for the cancelled service.
11. Liability:
Liability of the Hotel:
The Hotel shall exclude liability towards the Customer within the scope of the statutory possibilities for slight and medium negligence as well as for strict liability and shall only be liable for damage caused intentionally or by gross negligence. The Customer shall be responsible for proving fault. If valuables (Jewellery etc.), cash or securities are not handed over to the Hotel for safekeeping, the Hotel's liability shall be waived to the extent permitted by law.
If the Hotel is not notified of any damage immediately upon its discovery, the Customer's claims shall be forfeited. The Hotel shall not be liable under any legal title for services which it has merely procured for the Customer. The Hotel declines all liability for theft of or damage to material brought in by the Customer, event organizers, speakers, participants or third parties.
Liability of the Customer:
The Customer shall be liable to the Hotel for all damage and loss caused by the Customer, accompanying persons, auxiliary persons or event participants, without the Hotel having to prove fault on the part of the Customer. The Customer shall be responsible for the correct use and proper return of all technical auxiliaries/equipment made available to him/her by the Hotel or procured on his/her behalf via third parties and shall be liable for damage and loss. The Customer shall be liable to third parties for services and expenses incurred by the Hotel.
Liability of third parties:
If a third party makes the booking on behalf of the Guest, the Customer shall be liable to the Hotel as the Customer together with the Guest as joint and several debtor for all obligations under the Contract. Irrespective of this, each Ordering Party shall be obliged to pass on to the Guest all information relevant to the booking, in particular these General Terms and Conditions of Business
12. Further provisions:
Publicity:
Advertisements in media (such as newspapers, radio, television, Internet, etc.) with reference to the event at the Hotel shall require the prior written consent of the Hotel.
Police Hour:
Evening extensions of the event are only possible with the prior consent of the Hotel. If the reserved event is likely to exceed the statutory closing time (police hour), the Customer shall contact the Hotel as early as possible (but necessarily before the event begins) so that the necessary permits can be obtained. Extension of the event in the evening is only possible if the necessary permits have been obtained. The costs incurred in connection with obtaining the permits as well as the permit fees shall be paid by the Organizer and shall be invoiced to him.
13. Applicable law / place of jurisdiction:
For all contracts, reservations, any additional agreements and general conditions, Swiss law shall apply exclusively, excluding the conflict of law’s provisions. Place of performance and payment is Basel-Stadt.
The place of jurisdiction for any disputes arising from this contract is Basel-Stadt.
December 2020