General Terms and Conditions for the Hotel Accommodation Contract

for the Swiss hotels of the Essential by Dorint and Dorint Hotels & Resorts brands

I. Scope of application

These terms and conditions apply to contracts for the provision of hotel rooms for accommodation as well as all other services and deliveries provided to the customer by the respective "Dorint" hotel or "Essential by Dorint" hotel in Switzerland (hereinafter referred to as "hotel"), insofar as these are business customers or private customers residing in Switzerland, whereby the term "hotel" here means all "Essential by Dorint" and "Dorint" hotels located in Switzerland, irrespective of the person of the operator (hereinafter each of them referred to as "hotel"). Operators in this sense may be Essential by Dorint GmbH (AG Köln, HRB 98777), Dorint Hotels Betriebs GmbH (AG Köln, HRB 119364), or 5HALLS HOMMAGE HOTELS GmbH (AG Köln, HRB 98776), a company affiliated with them in accordance with § 15 AktG, a licensee of the aforementioned or a third party whose hotel operation is managed by one of the aforementioned operators for the account of a third party.
The subletting or re-letting of the rooms provided and their use for purposes other than accommodation require the prior written consent of the hotel.
The customer's terms and conditions shall only apply if this has been expressly agreed in writing in advance.
Customers within the meaning of these terms and conditions are both consumers and entrepreneurs within the meaning of the law.

II Conclusion of contract, partners

The contract is concluded upon acceptance of the customer's application by the hotel. If the hotel makes the customer a binding offer, the contract is concluded when the customer accepts the hotel's offer. In the case of bookings via the Internet, the contract is concluded by clicking on the button "BUY WITH PAYMENT". In all cases, the hotel is free to confirm the room booking in writing. Confirmation by e-mail shall be deemed written confirmation.
The contractual partners are the hotel and the customer. If a third party has ordered on behalf of the customer, the customer shall be liable to the hotel together with the third party as joint and several debtor for all obligations arising from the hotel accommodation contract, provided that the hotel has received a corresponding declaration from the third party.

III Services, prices, payments, offsetting

The hotel is obliged to keep the rooms 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 used by him in accordance with the applicable prices. This also applies to services and expenses of the hotel to third parties arranged by the customer. The agreed prices include the respective statutory value added tax.
The hotel may make its consent to a subsequent reduction in the number of rooms booked, the hotel's services or the length of the customer's stay requested by the customer dependent on the price for the rooms or for the hotel's other services being increased.
Hotel invoices without a due date are payable in full within 10 calendar days of receipt of the invoice. The hotel is entitled to declare accrued receivables 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 hotel reserves the right to prove and assert higher damages.
The hotel is entitled to demand a reasonable advance payment or security deposit upon conclusion of the contract or thereafter. The amount of the advance payment and the payment dates must be agreed in writing or are based on the corresponding information on the hotel's website.
In justified cases, e.g. payment arrears on the part of the customer or extension of the scope of the contract, the hotel is entitled, even after conclusion of the contract, to demand an advance payment or security deposit within the meaning of clause 5 above or an increase in the advance payment or security deposit agreed in the contract up to the full agreed remuneration.
The customer may only offset an undisputed or legally established claim against a claim of the hotel.
The customer agrees that the invoice may be sent to him electronically.

IV. Withdrawal by the customer (cancellation) / non-utilization of the hotel's 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 GTC, if another statutory right of withdrawal exists or if the hotel expressly agrees to the cancellation of the contract. The agreement of a right of withdrawal as well as any consent to a contract termination shall be made in text form.
If the hotel and the customer have agreed on a date for a cost-free withdrawal from the contract (option), the customer may withdraw from the contract up to that date without incurring payment or damage compensation claims by the hotel. The customer's right of withdrawal expires if he does not exercise his right of withdrawal in text form vis-à-vis the hotel by the agreed date.
If a right of withdrawal has not been agreed or has already expired, if there is also no statutory right of withdrawal or termination and if the hotel does not agree to a termination of the contract, the hotel shall retain the claim to the agreed remuneration despite non-utilization of the service. The hotel must offset the income from renting the rooms to other parties as well as the expenses saved. If the rooms are not rented to other parties, the hotel may make a lump-sum deduction for saved expenses. In this case, the customer is obliged to pay 100 % of the contractually agreed price for overnight accommodation with or without breakfast and for package arrangements with third-party services, 70 % for half-board and 60 % for full-board arrangements. The customer is at liberty to prove that the aforementioned claim did not arise or did not arise in the amount claimed.
If the hotel calculates the compensation specifically, the maximum amount of compensation shall be the amount of the contractually agreed price for the service to be provided by the hotel, less the value of the expenses saved by the hotel and what the hotel acquires through other uses of the hotel services.
The above provisions on compensation shall apply accordingly if the guest does not make use of the booked room or the booked services without notifying the hotel in good time (no show).

V. Cancellation by the hotel

If it has been agreed that the customer can withdraw from the contract free of charge within a certain period of time, the hotel is also entitled to withdraw from the contract free of charge during this period if there are inquiries from other customers regarding the contractually booked rooms and the customer does not waive his right of withdrawal within 2 weeks upon inquiry by the hotel. If the guest fails to act within this period, the hotel is entitled to withdraw from the contract. This applies accordingly if an option is granted, if other inquiries are received and the customer is not prepared to make a firm booking after the hotel has set a deadline of 2 weeks.
If an agreed advance payment or an advance payment demanded in accordance with 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 free of charge.
Furthermore, the hotel is entitled to withdraw from the contract extraordinarily for objectively justified reasons, in particular if ... - force majeure or other circumstances for which the hotel is not responsible make it impossible to fulfill the contract; - rooms are booked under misleading or false statements of material facts (e.g. the person of the customer or the purpose); - the hotel has justified cause to believe that the use of the hotel's services may jeopardize the smooth operation, security or public reputation of the hotel, without this being attributable to the hotel's sphere of control or organization; - there is a breach of the above I. Section 2 above; - the hotel has issued the guest with a house ban.
In the event of justified withdrawal by the hotel, the customer shall have no claim to compensation.

VI Room provision, handover and return

The customer does not acquire any claim to the provision of specific rooms.
Booked rooms are available to the customer from 3 p.m. on the agreed day of arrival at the earliest. Booked country houses/apartments are available to the customer from 5 p.m. on the agreed day of arrival at the earliest. The customer is not entitled to earlier availability.
On the agreed day of departure, the rooms must be vacated and made available to the hotel by 12.00 noon at the latest. The country houses/apartments must be made available to the hotel by 10.00 a.m. at the latest on the agreed day of departure. Thereafter, in the event of late vacating of the room/country house or apartment, the hotel may charge 50% of the currently valid daily room rate for its use in excess of the contract until 6.00 p.m., and then 100% from 6.00 p.m. onwards. This shall not give rise to any contractual claims on the part of the customer. The customer is at liberty to prove that the hotel has no or a significantly lower claim to a usage fee. Furthermore, the hotel reserves the right to prove and assert higher damages.

VII Liability of the hotel

The hotel shall only be liable for all statutory and contractual claims in the event of intentional or grossly negligent behavior. The hotel shall not be liable for consequential or indirect damages. Exclusions and limitations of liability apply in the same way to a legal representative or vicarious agent. Should disruptions or defects occur in the hotel's services, the hotel shall endeavor to remedy such upon knowledge thereof or upon immediate complaint by the customer. The customer is obliged to do what can reasonably be expected of him to remedy the disruption and minimize any possible damage, and to notify the hotel immediately of any disruption or damage.
The hotel is liable to the customer for items brought into the hotel in accordance with the statutory provisions (Art. 488, 489 OR). Money, securities and valuables up to a maximum total value of CHF 1,000 may be stored in the hotel or room safe. The hotel strongly recommends that guests make use of this option. 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, the above clause 1 applies analogously.
If the customer is provided with a parking space in the hotel garage or in a hotel parking lot, even for a fee, this does not constitute a safekeeping agreement. The hotel shall not be liable for loss of or damage to motor vehicles parked or maneuvered on the hotel property and their contents, except in cases of intent or gross negligence. This also applies to vicarious agents of the hotel. Section 1 above applies analogously.
Wake-up calls are carried out by the hotel with the utmost care. Messages, mail and consignments of goods for customers are also handled with the utmost care. The hotel shall be responsible for delivery and storage (in each case at the hotel) and - on request - for forwarding the same for a fee. Section 1 above applies analogously.

XIII Final provisions

Amendments or additions to the contract, the acceptance of the application or these Terms and Conditions for Hotel Accommodation must be made in writing in order 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 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, this shall not affect the validity of the remaining provisions. Otherwise, the statutory provisions shall apply.

Status: September 2024