General terms and conditions

 

1 Basic information

These General Terms and Conditions (GTCs) regulate the legal relationship between the guest / customer / organizer, hereinafter referred to as the guest, and Hotel Tobler (sole proprietorship) in the person of the operator of the Hotel Tobler – Julia Tobler, hereinafter referred to as the hotel.

For the sake of simplicity, these terms and conditions always speak of a contract, regardless of the service in question.

The hotel’s terms and conditions that are valid when the contract is concluded apply exclusively. General terms and conditions of the guest only apply if this has been expressly agreed in writing before the contract is signed.

If any individual provisions of these terms and conditions are void or invalid, this shall not affect the validity of the contract and the remaining terms and conditions. The statutory provisions shall otherwise apply.

 

2 Place of jurisdiction / Applicable law

The place of jurisdiction for any disputes arising from this contract is Locarno / Ascona Tessin, unless another mandatory place of jurisdiction is required under law.

Swiss law applies exclusively to all contracts, reservations, any additional agreements, and general terms and conditions. The place of performance and payment is the hotel’s registered office.

 

3 Definitions

Groups: are not accommodated at Hotel Tobler – only private organizers or families.

Written confirmations: Fax and email messages are also considered written confirmations.

The contractual partners are the guest and the hotel.

 

4 Subject matter / Scope of application

The contract for the rental of bedrooms, conference rooms, and areas and the purchase of other deliveries and services is concluded when the guest provides written or implied confirmation.

A reservation made on the day of arrival is binding at the moment the hotel accepts the reservation.

Changes to the contract only become binding for the hotel after a (written) confirmation. Partial amendments or additions to the contract by the guest shall be invalid.

The subletting and re-letting of the rooms provided, as well as their use for purposes other than accommodation, require the prior written consent of the hotel.

 

5 Scope of contact

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 in the hotel, the hotel must inform the guest in good time and offer an equivalent alternative in a nearby hotel of a comparable or higher category.

Any additional expenses for the alternative accommodation shall be borne by the hotel. If the guest refuses the replacement room, the hotel must immediately reimburse the guest for any payments already made (e.g. deposits). Any further claims on the part of the guest shall be excluded.

 

6 Duration of use

Unless otherwise agreed, the guest is entitled to use the rented rooms from 2 p.m. on the agreed day of arrival until 11 a.m. on the day of departure.

In the event of arrival after 9 p.m., the guest must inform the hotel of the later arrival by telephone or in writing by 5 p.m. at the latest on the day of arrival.

If the guest vacates the room late by 1 hour or more, the hotel can charge 100% of the full accommodation price (list price) for use beyond that which is contractually agreed. This does not justify contractual claims on the part of the guest to the proper continued use of the areas; the right to claim damages is reserved.

If the guest vacates the room late, the hotel reserves the right to remove the guest’s items from the room and to store them in a suitable location in the hotel for a fee.

 

7 Options

Option dates are binding for both parties. After the option period has expired without being used, the hotel can dispose of the opted bedrooms / function rooms or services without further notification.

Hotel Tobler must receive the confirmation no later than the last day of the option period.

 

8 Prices / Payment obligation

The prices stated by the hotel are in Swiss francs (CHF) and include statutory value added tax, any visitor’s tax, and other charges.

The customer is obliged to pay the agreed or applicable price for room hire and for any other services they have used. This also applies to orders made by the guest’s companions and visitors.

Any increase in statutory fees after the conclusion of the contract is at the expense of the guest. Prices in foreign currencies are guidelines and will be charged at the respective daily rate. The prices that apply are those confirmed by the hotel.

The hotel can change the prices if the guest subsequently changes the number of rooms booked, the hotel services, or the length of the guests’ stay.

Depending on the agreement or for reservations totalling CHF 3000.00 or more, the hotel can request a deposit of 50% of the total booking amount. The deposit is to be understood as a partial payment of the agreed fee.

The hotel can also request a credit card guarantee instead of a deposit.

An advance payment must be transferred within 14 days of receipt of the reservation confirmation. If the reservation is made at short notice, the hotel will require a credit card guarantee for the entire booking amount.

If the deposit is not paid on time or the credit card guarantee is not provided, the hotel can withdraw from the contract (including all services promised) immediately, without issuing a reminder, and demand the cancellation costs listed under Section 10 of these GTCs.

The hotel has the right to issue an invoice or interim invoice for its services to the guest at any time.

The final invoice shall include the agreed price plus any additional charges that may been incurred by the guest and / or the persons accompanying them for additional services provided by the hotel. Unless otherwise agreed, the final invoice must be paid in Swiss francs in cash or by an accepted credit card at the latest when checking out on the day of departure.

The hotel can charge a reminder fee of CHF 10.00 for each reminder.

The set-off defence against claims by the hotel is excluded.

 

9 Cancellation by the hotel

The hotel or the guest can withdraw from the contract at no cost up to and including 5 days before the agreed arrival date of the guest.

Furthermore, the hotel is entitled to withdraw from the contract with immediate effect at any time for an objectively justified reason by means of an immediate unilateral and written declaration:

Objectively justified reasons include, for example:

• an agreed advance payment or security deposit has not been paid by the deadline set by the hotel;
• force majeure or other circumstances for which the hotel is not responsible, which make the fulfilment of the contract objectively impossible;
• bedrooms or event rooms that are booked or used with misleading or false information, e.g. about the guest or the purpose of use or stay;
• the hotel has justified cause to assume that the use of the agreed services may impair smooth business operations, the safety of other hotel guests, or the reputation of the hotel;
• the guest has become insolvent (bankruptcy or futile seizure) or has stopped payments;
• the purpose of or the reason for the stay is illegal.

If the hotel withdraws for the aforementioned reasons, the guest has no right to compensation and the remuneration for the booked services remains owed.

 

10 Cancellation of the reservation / Cancellation fees

Cancellation
Cancellation of a reservation requires the written consent of the hotel. If this is not given, the agreed price must then be paid even if the guest does not make use of the contractual services. In the event of a no-show, the guest will be charged for 100% of the booked services. In the event of cancellation within 5 days before arrival, one night will be charged. On the other hand, in the event of cancellation before the 5 days prior to arrival, the cancellation shall be free of charge; after this point, as already mentioned above, one night will be charged.

The cancellation fee is calculated based on when the hotel receives the guest’s written cancellation. This applies to letters as well as fax and e-mail messages or online bookings.

If the guest withdraws from the contract without an approved cancellation or if certain booked services are changed or cancelled, the hotel can charge the following cancellation fees.

Cancellation fees in detail:

Individual reservations

• Up to and including 5 days before the agreed arrival date, the guest can withdraw from the contract without incurring costs.
• written cancellation of the stay 1 to 5 days before the confirmed arrival date:

1 night according to the reservation confirmation.

• No-show:

total amount according to the reservation confirmation.

Conditions for special occasions (e.g. trade fairs, carnival, sessions, concert weeks, seminars, weddings, etc.).

Cancellations of reservations made during these special periods / events are only possible free of charge up to 4 weeks before the confirmed arrival date.

For all reservations made during these events, a 50% deposit is required, which the guest must pay immediately, but no later than the end of the deadline. If this deposit is not paid, the hotel can allocate the rooms to someone else. Any resulting expenses or failure to rent rooms can be invoiced to the person responsible.

 

11 Early departure

If the guest leaves early, the hotel is entitled to invoice them for 100% of all the services booked.

In the event of an early departure, the hotel shall endeavour to allocate the unused services to other parties. If the hotel is able to provide the unused services to third parties in the agreed period, the guest’s invoice amount shall be reduced by the amount that these third parties pay for the cancelled service.

 

12 Stay / Keys / Security / Internet / Smoking

The hotel room is reserved exclusively for the registered guest. Leaving the room to a third person or letting it be used by an additional person requires the (written) approval of the hotel.

By concluding a contract, the guest acquires the right to the normal use by all booked persons of the rented rooms and the hotel facilities that are usually accessible to the guests for use without special conditions, and to the usual service. The guest must exercise their rights in accordance with any hotel and / or guest guidelines (house rules).

The room card / key provided by the hotel remains the property of the hotel and enables 24-hour access to the hotel. Loss of the card / key must be reported to reception immediately. The guest will be charged a fee of CHF 80.00 for damaged cards or CHF 120.00 for lost cards/keys.

To access the internet, the guest must obtain their personal login details at the reception. This service is free for all guests.

The guest is responsible for the use of their login details. They are liable for misuse and illegal activity when using the internet. Smoking is prohibited throughout the hotel.

 

13 Extension of the stay

Unless otherwise agreed, the guest has no right to have their stay extended.

If the guest is unable to leave the hotel on the day of departure because all options for departure are blocked or cannot be used due to unforeseeable exceptional circumstances / force majeure (e.g. extreme snowfall, flooding, etc.), the contract shall be automatically extended under the previous conditions for as long as departure is impossible. If the guest wishes, the stay can gladly also be extended if they are very satisfied.

 

14 Food and drinks

All food and drinks must be purchased exclusively from the hotel.

In special cases (specialties, etc.), a different written agreement can be made. In such a case, the hotel is entitled to charge a service fee or a corkage fee of 10.00 per 75cl bottle and 250.00 per table setting for meals.

 

15 Handling of events

Insofar as the hotel procures technical and other equipment from third parties for the guest at the guest’s request, it is at the guest’s expense.

The guest is responsible for the careful handling and proper return of the equipment. The hotel is released from all claims by third parties arising from the provision of this equipment.

The use of the guest’s own electrical systems and devices using the hotel’s power grid requires the hotel’s prior written consent. Malfunctions of or damage to the technical and other systems of the hotel caused by the use of these devices and systems shall be charged to the guest, unless the hotel is responsible for them. The hotel can record and calculate the electricity costs incurred by the use of the electrical systems and devices. With the consent of the hotel, the guest is entitled to use their own telephone, fax, and data transmission equipment. The hotel can charge connection fees for this.

Faults with the technical or other equipment provided by the hotel will be rectified as soon as possible upon notification by the guest. Insofar as the hotel is not responsible for the faults, the faults neither reduce claims to benefits nor give rise to liability.

The guest must obtain all official permits necessary for the implementation of the event at their own expense. The guest is responsible for compliance with the permits and all other public law regulations in connection with the event. Fines for any violation of the permits are to be paid by the guest.

The guest is responsible for handling the necessary formalities and invoices in connection with music performances and sound systems with the responsible institutions (e.g. SUISA).

 

16 Items brought in by the guest

Exhibition items or other items, including personal items, are brought into the event rooms, onto the hotel grounds, and into the bedrooms at the guest’s own risk. The hotel does not assume any obligations for their monitoring or safekeeping. The hotel assumes no liability for the loss of, destruction of, or damage to items brought in, except in the case of gross negligence or wilful misconduct on the part of the hotel. It is the responsibility of the guest to insure any items they have brought with them, as well as to take out personal travel cancellation insurance.

Decorations brought onto the premises for the event by the customer must comply with fire safety regulations. The hotel is entitled to require official evidence thereof. Due to possible damage, the installation and attachment of objects must be discussed with the hotel in advance.

Exhibition items or other items brought by the guest must be removed immediately after the event. The hotel may remove and / or store any items left behind at the guest’s expense. If removal entails a disproportionately high effort, the hotel can leave the items in the event room and charge the guest the usual room rent for the period they are left there.

Packaging material (cardboard, boxes, plastic, etc.) that accrues in connection with deliveries for the event by the guest or a third party must be disposed of by the guest. If the guest leaves packaging material in the hotel, the hotel is entitled to dispose of it at the guest’s expense.

 

17 Conduct, use, and liability

The hotel
Should there be any disruptions to or defects in the hotel services, then the hotel will attempt to rectify the situation as soon as it has been informed by the guest. If the guest fails to notify the hotel of a defect in good time, then the guest shall not be entitled to a reduction in the contractually agreed fee.

If valuables (jewellery, etc.), cash, or securities are not handed over to the hotel for safekeeping or are kept in the guest’s own safe in the room, the hotel’s liability is excluded to the extent permitted by law.

The hotel recommends that money and valuables be kept in the safe at reception or in the room.

If any damage is not reported to the hotel immediately after it is discovered, the guest’s claims are forfeited.

The hotel is not liable under any legal title for services which it has merely mediated for the guest.

The hotel accepts no liability for theft of or damage to material brought in by third parties.

The guest
The guest is responsible for the correct use and proper return of all technical aids / equipment that the hotel makes available to them or procures through third parties on their behalf, and is liable for damage and loss of any kind.

The guest is liable to third parties for hotel services and expenses incurred.

Third parties
If a third party makes the booking for the guest, the third party is liable to the hotel as the customer together with the guest as a joint debtor for all obligations arising from the contract. Regardless of this, every customer is obliged to forward all information relevant to the booking, in particular these general terms and conditions, to the guest.

 

18 Illness or death of the guest

If a guest falls ill during their stay in the hotel, the hotel will notify a doctor (GP, dentist, etc.) listed in the hotel folder at the guest’s request. If the guest is no longer able to act and the hotel is aware of the illness, the hotel will notify the doctor. Medical care is always provided at the guest’s expense. The contract with the hotel ends with the death of the guest.

If the guest dies of natural causes during their stay at Hotel Tobler, the first night will be charged. In the case of a longer-term arrangement (7 nights or more), 50% of the total will be charged.

The Hotel Tobler has an emergency number, which is clearly visible in the brochure, in the room folder, and at the hotel entrance. All hotel rooms have an emergency telephone that is forwarded directly to Securiton. The Villa Toblerina has a working telephone line at the house entrance.

 

19 Pets

Animals may only be brought into the hotel with the hotel’s prior consent and for a special fee (CHF 20.00 per pet).

The guest who brings an animal into the hotel is obliged to look after and supervise this animal appropriately during their stay or to have it looked after or supervised by suitable third parties at their own expense.

The guest must have appropriate pet insurance for their animal. Proof of the relevant insurance must be presented to the hotel on request.

No animals are permitted in the social, restaurant, and event rooms or in the wellness area of the hotel.

 

20 Air conditioning and bicycles

Please note that not all rooms have air conditioning. Please state your requirements when making your reservation. The hotel will be happy to provide bicycles for you to use free of charge. As the number is limited, please report to reception in plenty of time. No models can be reserved in advance. If damage of any kind or the loss of the bicycle after use by the guest is discovered, the hotel has the right to charge the guest for the damage.

 

21 Wellness facility / Gym / Covid-19

The entire wellness area is accessible to you from 8 a.m. to 8 p.m. These times have been chosen so that we can supervise the facilities within this period. In order to enter the gym and the Roman bath, please add yourself to our attendance list at reception. This process is necessary to keep track of who has used the facility and when.

Our new ventilation system guarantees a pure supply of fresh air, but it is still necessary to disinfect the rooms between visiting hours in order to safeguard the health of our guests and employees. This means that not all guests can visit the facility on the same day. Reservations can only be made on site; unfortunately, it is not possible to make reservations in advance. The opening times are binding. Thank you for your understanding.

 

22 Tepidarium and children’s playroom

For safety reasons, the children’s playroom and the tepidarium will be temporarily closed for the 2021 season.

 

23 Villa Toblerina

The same Hotel Tobler guidelines apply to Villa Toblerina. Please note that our Villa operates as a B&B and therefore the use of all hotel services is not included in the price, such as:

• The wellness area (with the exception of the outdoor swimming pool);
• The gym;
• Bike rental;
• Transfer to and from the hotel / villa

After the room has been handed over, it will be cleaned as required. The hotel services are not included in the price. This includes the interior facilities and equipment. The bedding, as well as bath towels and toiletries, can be exchanged on request.

 

24 Lost property

Lost property will be forwarded if the ownership is clear and the residential / business address is known. The guest bears the costs and the risk of postage.

After a 12-month retention period, the items will be handed over to the local lost property office.

 

25 Further provisions

If the guest desires services that are not provided by the hotel itself, the hotel only acts as a mediator.

The statutory limitation periods apply. As far as these can be changed, an absolute statute of limitations of 6 months after departure applies to claims for damages by the guest.

 

26 Vouchers and voucher-like services

Hotel Tobler vouchers can be purchased as vouchers for a certain value or number of overnight stays. These are valid for one season. The expiry date can be postponed / extended if the guest inquires personally, but this is dependent on the goodwill of the hotel.

The hotel does not guarantee any services to non-hotel customers (customers without an overnight stay).

 

27 Data protection conditions for customers, hotel employees, and third parties

The personal data of guests are used to record room or event bookings and for the annual communication of information on new offers and prices from the hotel (hotel brochure, newsletter, and flyer). Upon request, personally confirmed and identified guest files will be deleted and not stored (Protel system). At the same time, the hotel will refrain from contacting you.

Guest correspondence, as well as any documentation regarding the business accounting of the guest (invoices, vouchers, expenses payments with the Hotel Tobler) are stored in the hotel archive in accordance with the law. Guest data and personal characteristics are not passed on to third parties.

The hotel staff is prohibited from passing on personal documents of or information about the guests to third parties. The same applies to passing on confidential documents and information about the company, internal figures, financial situation, etc. The Hotel Tobler prohibits any employee or third party (guest, passer-by) from releasing photographs of the grounds, rooms, or furnishings, data, or documents without permission. This also applies to social networks (Facebook, Twitter, Instagram, etc.), as well as to online booking portals (Booking, Tripadvisor etc.).

Adverts in the media (such as newspapers, radio, television, internet) referring to events at the hotel, with or without the use of the unaltered company logo, require the hotel’s prior written consent.

Any kind of transfer of Hotel Tobler’s property without written permission from the Tobler family, Julia Tobler of the management, is illegal and, depending on the case, will be prosecuted. This also applies to the Hotel Tobler products that are under trademark protection (logo, homemade products).