GENERAL TERMS AND CONDITIONS FOR THE HOTEL ACCOMMODATION CONTRACT FOR THE SWISS HOTELS UNDER THE BRANDS ESSENTIAL BY DORINT AND DORINT HOTELS & RESORTS

I. Scope

These terms and conditions apply to contracts regarding the use of hotel rooms for accommodation as well as all supplies and services rendered by the respective “Dorint” hotel or “Essential by Dorint” hotel in Switzerland (hereinafter referred to as “hotel”), insofar as the customer is a business customer or private customer residing in Switzerland, whereby hotel is understood to be all “Essential by Dorint” and “Dorint” hotels located here in Switzerland, regardless of the identity of the person who operates the services (hereinafter each of them referred to as “hotel”). In this sense, an operator can be Essential by Dorint GmbH (AG Köln, HRB 98777), Dorint GmbH (AG Köln, HRB 59251), or 5HALLS HOMMAGE HOTELS GmbH (AG Köln, HRB 98776), a company associated with these in accordance with § 15 AktG, a licensee of the aforementioned parties or of a third party whose hotel business is managed by one of the aforementioned operators here for account of another.
The subletting or reletting of the rooms as well as their use for purposes other than accommodation requires the prior written agreement of the hotel.
The customer‘s terms and conditions shall only apply if this has been expressly agreed in writing.
For the purposes of these terms and conditions, customers are both consumers and entrepreneurs within the meaning of the law.

II. Conclusion of contract, contracting parties;

The contract becomes effective through the hotel‘s acceptance of the customer‘s request. Should the hotel make the customer a binding offer, the contract becomes effective through the customer‘s acceptance of the hotel offer. In the event that the booking is made online, the contract becomes effective by clicking the “BUY NOW” button. In all cases, the hotel is at liberty to confirm the room booking in writing. Confirmation via E-Mail is considered written confirmation.
Contracting parties are the hotel and the customer. If a third party has booked on behalf of the customer, the customer is liable to the hotel together with the third party as joint debtors for all obligations from the hotel accommodation contract, provided that the hotel receives a corresponding declaration from the third party.

III. Services, prices, payments, offsetting

The hotel is obliged to keep the room booked by the customer available and to provide the agreed services.
The customer is obliged to pay the agreed price for the room rental and the other services they used in accordance with applicable prices. This also applies to hotel services and expenses ordered by the customer to be paid to third parties. The agreed prices include the respective statutory value-added tax.
The hotel can make its agreement to a customer’s request for a subsequent reduction in the number of booked rooms, the hotel‘s services or the customer‘s length of stay dependent on increasing the price for the room or for other hotel services.
Invoices issued by the hotel without a due date are payable within 10 calendar days of receipt of the invoice without deduction. The hotel is entitled to declare accrued receivables to be due at any time and to demand immediate payment. In the event of late payment, the hotel is entitled to charge a fee of CHF 5 per reminder in addition to the statutory default interest of 5%. The proof and assertion of a higher damage remain reserved to the hotel.
The hotel is entitled to demand an appropriate advance payment or security deposit during the formation of the contract or afterwards. The amount of the advance payment and the payment dates are to be agreed in writing or are based on the corresponding information on the hotel website.
In justified cases, e.g., the customer is in arrears or the scope of the contract has been extended, the hotel is also entitled to demand an advance payment or security deposit after the formation of the contract within the meaning of Clause 5 or an increase in the advance payment or security deposit agreed in the contract up to the total agreed remuneration.
The customer can only offset a claim of the hotel with an undisputed or legally valid claim.
The customer agrees that the invoice can be sent to them electronically.

IV. Withdrawal of the customer (cancellation)/failure to make use of the hotel services (No Show)

The customer may only withdraw from the contract concluded with the hotel if a right of withdrawal has been expressly agreed in the contract or in these General Terms and Conditions, if another legal right of withdrawal exists or if the hotel expressly agrees to the cancellation of the contract. Agreement to a right of withdrawal as well as any possible consent to a cancellation of the contract must be made in writing.
Provided that a deadline for the free withdrawal from the contract has been agreed between the hotel and the customer (option), the customer can withdraw from the contract until that point, without triggering payment or compensation claims from the hotel. The customer‘s right of withdrawal shall expire if they do not exercise their right to withdraw from the hotel in writing by the agreed deadline.
If a right of withdrawal has not been agreed or has already lapsed, no statutory right of withdrawal or termination exists and the hotel does not agree to cancellation of the agreement, the hotel retains the claim to the agreed remuneration despite the failure to make use of the service. The hotel is to take the revenue from further renting of the room as well as the saved expenses into account. Should the rooms not be rented out otherwise, the hotel can then estimate the deduction for saved expenses. In this case, the customer is obliged to pay 100% of the contractually agreed price for an overnight stay with or without breakfast, as well as for package deals with third-party services, 70% for half-board packages and 60% for full-board packages. The customer is at liberty to prove that the aforementioned claim did not arise or did not arise in the amount claimed.
Provided that the hotel calculates the compensation precisely, the compensation amount shall, at a maximum, be the amount of the contractually agreed price for the services provided by the hotel after deduction of the value of the expenses saved by the hotel as well as that which the hotel acquires through further uses of hotel services.
The aforementioned provisions on the compensation shall apply accordingly if the guest does not make use of the booked room or the booked services without communicating this in a timely manner (No Show).

V. Withdrawal from the contract by the hotel

Insofar as it has been agreed that the customer may withdraw from the contract free of charge within a specific period, the hotel is also entitled to withdraw from the contract free of charge during this period, if there are enquiries from other customers regarding the contractually booked rooms and the customer does not waive its right to withdraw at the hotel‘s request within 2 weeks. Should the guest let this period lapse without acting, the hotel is entitled to withdraw. This applies accordingly in the event of a concession of an option, if other enquiries exist and the customer is not ready to make a firm booking upon enquiry by the hotel with a time limit of 2 weeks.
If an agreed or demanded advance payment pursuant to III. Clause 5 above is not made even after a reasonable grace period of 5 working days set by the hotel has expired, the hotel is entitled to withdraw from the contract without charge.
Furthermore, the hotel is entitled to pronounce extraordinary withdrawal from the contract for objectively justified reasons, especially if... – force majeure or other circumstances for which the hotel is not responsible make it impossible to fulfil the contract; – rooms are culpably booked with misleading or false information regarding essential facts (e.g., regarding the identity of the customer or the purpose); – the hotel has reasonable grounds to believe that the use of the hotel services may jeopardise the smooth business operations, security or public reputation of the hotel, without this being attributable to the hotel‘s sphere of control or organisation; – there is a breach of I. Clause 2 above; – the hotel has issued a house ban to the guest.
In the event of justified withdrawal by the hotel, the customer has no claim to compensation.

VII. Room provision, handover and return

The customer has no claim to the provision of specific rooms.
Booked rooms are available to the customer from 3:00 p.m. at the earliest on the agreed day of arrival. Booked country houses/apartments are available to the customer from 5:00 p.m. at the earliest on the agreed day of arrival. The customer is not entitled to an earlier allocation.
On the agreed day of departure, the rooms are to be vacated and made available to the hotel no later than noon. The country houses/apartments are to be made available to the hotel no later than 10:00 a.m. on the agreed day of departure. After which, in the event that there is a delay in vacating the room/country house or apartment, the hotel can charge 50% of the currently valid daily accommodation rate for use exceeding the contract up until 6:00 p.m., then 100% from 6:00 p.m. onwards. As a result of this, contractual claims from the customer are not justified. The customer is at liberty to prove that the hotel has no or a significantly lower claim to a user fee. Furthermore, the proof and assertion of a higher damage remain reserved to the hotel.

VIII. Liability of the hotel

The hotel is fundamentally liable for all legal and contractual claims only in the event of intentional or grossly negligent conduct. Liability of the hotel for consequential damage or indirect damage is excluded. Exclusions and limitations of liability apply in the same way for a legal representative or vicarious agent. Should disruptions or defects in the services the hotel provides occur, the hotel will endeavour to remedy them as soon as it becomes aware of them or immediately after receiving a complaint from a customer. The customer is obliged to make all reasonable efforts to remedy the disruption and keep any possible damage to a minimum, and to notify the hotel immediately of any disruption or damage.
For items brought by the customer, the hotel is liable to the customer in accordance with the statutory provisions (Art. 488, 489 OR). Money, security and valuables up to a total maximum value of CHF 1,000 can be stored in the hotel or room safe. The hotel strongly recommends making use of this option. The liability claims expire if the customer does not notify the hotel immediately after becoming aware of the loss, destruction or damage (Art. 489 OR). For any further liability of the hotel, Clause 1 above applies mutatis mutandis.
If a parking space in the hotel garage or in a hotel car park – even for a fee – is made available to the customer, this does not initiate a safekeeping contract. In the event of loss or damage of vehicles – and their contents – parked or moved on hotel property, the hotel is not liable, except in cases of intent or gross negligence. This also applies to the hotel‘s vicarious agents. The aforementioned Clause 1 applies mutatis mutandis.
Wake-up requests are carried out by the hotel with the greatest care. Messages, post and consignments for the customers are also handled with the greatest care. The hotel will handle the delivery and storage (in the respective hotel) as well as – upon request – the forwarding, for a fee. The aforementioned Clause 1 applies mutatis mutandis.

IX. Final provisions

Amendments or supplements to the contract, the acceptance of a booking order or these general terms and conditions for the hotel accommodation contract must be made in writing to be valid.
The place of performance and payment is the registered office of the respective hotel.
For private customers, the place of jurisdiction is determined by the applicable law. For business customers, the place of jurisdiction is at the registered office of the respective hotel.
Swiss law is applicable.
Should individual provisions of these general terms and conditions for hotel accommodation be or become invalid or void, the validity of the remaining provisions shall not be affected. In all other respects, the statutory provisions apply.

As of: October 2023

Essential by Dorint · Basel City
Dorint Hotels & Resorts Schweiz GmbH
Schönaustrasse 10 · 4058 Basel · Schweiz
Handelsregister Kanton Basel-Stadt/MWST: CHE-283.775.950

Dorint · Blüemlisalp · Beatenberg/Interlaken
Apparthotel Blüemlisalp AG
Schmockenstrasse 163 · 3803 Beatenberg · Schweiz
Handelsregister Kanton Bern/MWST: CHE-109.086.095

Dorint · Airport-Hotel · Zürich
Dorint Hotel am Flughafen Zürich AG
Riethofstrasse 40 ∙ 8152 Glattbrugg · Schweiz
Handelsregister Kanton Zürich/MWST: CHE-192.570.702

Dorint · Parkhotel · Bad Zurzach
Dorint Bad Zurzach AG
Badstrasse 44 ∙ 5330 Bad Zurzach · Schweiz
MWST: CHE-431.918.887

Essential by Dorint · Interlaken
Essential Interlaken AG
Rugenparkstrasse 8-10 ∙ 3800 Interlaken · Schweiz
Handelsregister Kanton Bern/MWST: CHE-466.585.217

Dorint · Resort & Spa · Locarno/Riazzino
Dorint Locarno Riazzino AG
Via allo Stradonino 1 ∙ 6595 Riazzino/Locarno · Schweiz
Handelsregister Kanton Tessin/MWST: CHE-143.572.512