General Terms and Conditions

These General Termsand Conditions (GTC) govern the legal relationship between the guest/customer/organizer, hereinafter referred to as the guest, and Wartensee GmbH as the operator of Schloss Wartensee, hereinafter referred to as the hotel.

For simplicity, these GTC always refer to the contract, regardless of the service.

Only the GTC valid at the time of the contract conclusion apply. General terms and conditions of the guest only apply if explicitly agreed upon in writing before the contract is signed.

If individual provisions of these GTC are invalid or void, the validity of the contract and the remaining GTC provisions are not affected. In other respects, the statutory provisions apply.

The place of jurisdiction for any disputes arising from this contract is Rorschach, St. Gallen, unlessanother mandatory place of jurisdiction exists.

Swiss law applies exclusively to all contract, reservation, any additional agreements and general conditions. The place of fulfilment and payment is the hotel’s location.

Groups: Groups within the meaning of these terms and conditions are travel groups with a minimum number of __ booked persons.

Written confirmations: Written confirmations also include fax and email messages.

Contractual partners are the guest and the hotel.

The contract for the rental of rooms, seminar rooms, space and the purchase of other supplies and services isconcluded with the written confirmation of the guest or implicitly.

A reservation made on the day of arrival itself is binding at the time of acceptance by the hotel.

Contract amendments are only binding for the hotel upon (written) reconfirmation. Unilateral changes or additions to the contract by the guest are invalid.

Subletting and re-letting of the provided rooms and their use for purposes other than accommodation require the prior written consent of the hotel.

The scope of services of the contract is determined by the individual reservation confirmed by the guest.

The guest has no claim to a specific room, subject to other contractual agreements.

If, despite a confirmed reservation, no rooms are available at the hotel, the hotel must inform the guest in good time and provide an equivalent replacement in a nearby hotel of a comparable or higher category.

Any additional expenses for the replacement accommodation will be borne by the hotel. If the guest rejects the replacement room, the hotel must immediately refund services already provided by the guest (e.g. deposits). There are no further claims on the part of the guest.

Unless otherwise agreed, the guest has the right to use the rented rooms from 2:00 pm on the agreed arrival day until 11:00 am on the departure day.

For arrivals after 8:00 pm, the guest must inform the hotel by 4:00 pm on the arrival day at the latest, otherwise, the hotel can freely dispose of the rooms.

Occupying a room until 8:00 pm counts as a full overnight stay.

In case of a delayed release of the room by the guest for 2 hours or more, the hotel can charge 80% of the full accommodation price (list price) for the contract-overstepping use. This does not constitute any contractual claims by the guest for the continued use of the premises; the assertion of damages remains reserved. 

The hotel reserves the right, in the event of delayed departure from the room, to remove the guest's belongings from the room and store them in a suitable place in the hotel at the guest's expense.

Option dates are binding for both parties. The hotel can dispose of the opted rooms/spaces or services without further notice after the option period expires.

The confirmation must be received by Wartensee Castle no later than the last day of the option period.

The prices communicated by the hotel are in Swiss francs (CHF) and include statutory value added tax, any tourist tax and other charges.

The guest is obliged to pay the agreed or applicable hotel prices for the provision of rooms and other services used by him. This also applies to orders from his companions and visitors.

An increase in statutory charges after the conclusion of the contract is borne by the guest. Price indications in foreign currencies are for guidance only and will be charged at the respective daily rate. The prices confirmed by the hotel apply.

The prices may be changed by the hotel if the guest subsequently changes the number of booked rooms, the service of the hotel, or the length of stay of the guests.

Depending on the agreement or from a reservation amount of CHF 8,000, the hotel may require a deposit of 50% of the total booking amount. The deposit is to be understood as a partial payment of the agreed remuneration.

The hotel may also require 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 requires a credit card guarantee for the total booking amount.

In the event of non-timely payment or provision of the credit card guarantee, the hotel can withdraw from the contract (including all performance promises) immediately (without reminder) and demand the cancellation costs listed in
clause 10 of these GTC.

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

The final invoice includes the agreed price plus any additional amounts that have arisen as a result of additional services provided by the hotel for the guest and/or the persons accompanying him. The final bill
must — subject to other arrangements — be paid in Swiss francs in cash or by an accepted credit card at the latest at the time of check-out on the day of departure.

The hotel may charge a reminder fee of CHF 25.- for each reminder.

The set-off defense against claims of the hotel is excluded.

Up to and 30 days before the agreed arrival date of the guest, the hotel can withdraw from the contract at no cost.

Furthermore, the hotel is entitled to withdraw from the contract at any time for justifiable reasons by an immediate unilateral written declaration with immediate effect:

Justifiable reasons include, for example:

• an agreed advance payment or security deposit will not be made during the period 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;
• rooms or spaces are booked or used under misleading or false information, e.g., about the guest's person or the purpose or stay;
• the hotel has justified reasons to believe that the use of the agreed services might jeopardize the smooth business operations, the safety of other hotel guests, or the reputation of the hotel.;
• the guest has become insolvent (bankruptcy or fruitless seizure) or has stopped making payments;
• the purpose or reason of the stay is illegal.

In the event of the hotel's withdrawal for the aforementioned reasons, the guest has no claim for damages, and the compensation for the booked services remains fundamentally due.

Cancallation

A cancellation of the reservation requires the written consent of the hotel. If this is not done, the agreed price must be paid even if the guest does not make use of the contractual services. If the guest does not show up (“no-show”), at least 80% of the booked services will be charged.

The receipt of the guest's written cancellation at the hotel is decisive for calculating the cancellation fee. This applies to both letters and email messages. 

If the guest withdraws from the contract without an approved cancellation, or if changes or cancellations of certain reserved services occur, the hotel can charge the following cancellation fees:

Cancellation fees:

Individual reservations

• Up to and 2 days before the agreed date of arrival, the guest can withdraw from the contract at no cost.
• written cancellation of the stay 2 to 1 days before the confirmed date of arrival: 50% according to the reservation confirmation.
• written cancellation of the stay on the confirmed date of arrival: 100% according to the reservation confirmation.

Group reservations

The cancellation fees below apply if more than 10 people in a group (see section 3) or 50% of the booked services are canceled.

• Up to and 8 weeks before the agreed date of arrival, the group reservation can be cancelled at no cost.
• written cancellation of the stay 56 to 30 days before the confirmed date of arrival: 50% according to the reservation confirmation.
• written cancellation of the stay 30 to 1 days before the confirmed date of arrival: 80% according to the reservation confirmation.

Mitigation of damage

For both cancelled individual and group reservations, the hotel strives to allocate unused services elsewhere. If the hotel is able to provide the cancelled services elsewhere to third parties within the agreed period, the guest's cancellation fee is reduced by the amount that these third parties pay for the cancelled service.

If the guest is unable to arrive on time as a result of force majeure (floods, avalanches, earthquakes, etc.), he is not obliged to pay the agreed fee for the missed days.

The guest must prove the impossibility of arrival.

The payment obligation for the booked stay resumes from the moment the arrival becomes possible.

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

The hotel will endeavor to reassign the unused services in the event of early departure. If the hotel can provide the unused services to third parties during the agreed period, the guest's invoice amount will be reduced by the amount paid by these third parties for the canceled service.

The hotel room is reserved exclusively for the registered guest. Giving the room to a third person or using it by an additional person requires (written) consent of the hotel.

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

The room key provided by the hotel remains the property of the hotel and allows 24-hour access to the hotel. The loss of the key must be reported immediately to reception. A damaged card will be charged CHF 20.- and the loss of the key will be charged CHF 80.-.

Smoking is only permitted in the outdoor areas of the entire hotel.

Subject to other arrangements, the guest has no claim to an extension of their stay.

If the guest cannot leave the hotel on the day of departure due to unforeseeable extraordinary circumstances/force majeure (e.g., extreme snowfall, flooding, etc.), all departure options are blocked or unusable, the contract is automatically extended for the duration of the impossibility of departure under the previous conditions.

Group rates are only applicable if agreed in advance and confirmed in writing by the hotel.

For a group with less than 10 people, the rates for individual travelers apply.

The joint arrival and/or departure of groups must be communicated to the hotel in writing 7 days before arrival.

Only one total invoice is issued to the tour leader, who is fully liable for this amount.

The final number of people in the group (including a list of names) in the group must be notified to the hotel no later than two calendar days before the group arrives.

If the group is smaller than originally registered, the missing persons will be charged 50% of the proportionally booked services. Additional persons are counted and billed as individual travelers, subject to feasibility.

In case of cancellation of a group reservation, the cancellation fees listed under point 10 apply.

An event may include room rentals, catering, technical equipment, accommodation and other services.

Number of participants:

The guest undertakes to inform the hotel of the binding number of participants for an event no later than 5 working days before the date of the event.

If the number of participants provided by the guest deviates from the final number of participants, then:

• Up to 5% fewer actual number of participants: Billing according to the actual number of participants.
• More than 5% lower actual number of participants: Deviation will be considered up to (a maximum of) 5%.
• If the number of participants is reduced by more than 10%, the hotel is entitled to increase the agreed prices accordingly and to exchange the confirmed rooms.
• Bei späterer Erhöhung der tatsächlichen Teilnehmerzahl erfolgt – unter dem Vorbehalt der Durchführbarkeit – die Ab-rechnung nach der tatsächlichen Teilnehmerzahl.

Withdrawal by the hotel and procedure for canceling events

See section 9 of these terms and conditions.

Annullationsbestimmungen

A reservation cancellation requires the written consent of the hotel. If this does not occur, the agreed price must also be paid if the guest does not use the contractual services.

The receipt of the guest's written cancellation at the hotel is decisive for calculating the cancellation fee.

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

Cancellation fees for events

If an event cannot be carried out for reasons not attributable to the hotel and for which the hotel is not responsible, the hotel retains the right to payment for the agreed service according to the order confirmation, considering the receipt of the written cancellation as follows:

• Cancellation of the event 0 - 14 days before the date of arrival: 100% according to the order confirmation.
• Cancellation of the event 14 - 30 days before the date of arrival: 80% according to the order confirmation.
• Cancellation of the event 30 — 56 days before the date of arrival: 50% according to the order confirmation.

If the guest holds an event within a year with the originally agreed scope at the hotel, 50% of the booked invoice amount/cancellation costs will be credited.

Event duration

If the agreed start or closing times of the event are postponed without the hotel's prior written consent, the hotel may charge additional costs for providing staff and equipment, unless the hotel itself is responsible for the postponement.

The hotel has the right to expel event participants from the premises upon expiry of any extension permit.

All food and beverages must be obtained exclusively from the hotel.

In special cases (specialties, etc.), a separate written agreement can be made. In such a case, the hotel is entitled to charge a service fee or corkage fee (see separate schedule).

If the hotel procures technical and other equipment from third parties for the guest at the guest's request, it acts on behalf of the guest.

The guest is liable for the careful handling and proper return of the equipment. The hotel is indemnified from all third-party claims arising from the provision of this equipment by the guest.

The use of the guest's own electrical systems and devices using the hotel's power grid requires the hotel's prior written consent. Any faults or damage to the hotel's technical systems resulting from the use of these devices and systems shall be borne by the guest, unless the hotel itself is responsible for them. The hotel can record and calculate the electricity costs arising from the use of electrical systems and devices as a lump sum.

The guest is entitled to use their own telephone, fax, and data transmission equipment with the hotel's consent. The hotel may charge connection and usage fees (see separate schedule).

**Disturbances to the hotel's provided technical or other equipment will be promptly remedied upon notification by the guest. If the hotel is not responsible for the disturbances, claims for performance are neither reduced nor liabilities established.**

The guest is responsible for obtaining any necessary official permits for the event at their own expense. They must comply with the permits and all other public law regulations related to the event. Fines for violating the permits are to be paid by the guest.

The guest must independently handle and settle all formalities and accounts related to musical performances and sound systems with the relevant institutions (e.g. SUISA).

Exhibition or other items, including personal items, brought into the event rooms or the hotel premises are at the guest's risk. The hotel assumes no duty of supervision or safekeeping. The hotel is not liable for loss, destruction, or damage to items brought by the guest, except in cases of gross negligence or willful misconduct by the hotel. The guest is responsible for insuring the brought items.

Brought decoration material must comply with fire safety regulations. The hotel is entitled to request official proof of this. The installation and attachment of items must be coordinated with the hotel to prevent possible damages.

The exhibition or other objects brought in must be removed immediately after the end of the event. The hotel may have items left behind removed and/or stored at the guest's expense. If the removal involves disproportionate effort, the hotel can leave the items in the event room and charge the guest the usual room rent for the duration of their stay.

Packaging material (cardboard, boxes, plastic, etc.), which is produced in connection with delivery to the event by the guest or third parties, must be disposed of by the guest. Should the guest leave packaging material behind at the hotel, the hotel is entitled to dispose of it at the guest's expense.

a) Hotel

The hotel excludes liability towards the guest within the framework of the statutory possibilities for slight and moderate negligence and is only liable for damages caused intentionally or by gross negligence.

Should disruptions or deficiencies in the hotel's services occur, the hotel will endeavor to remedy the situation upon the guest's immediate notification. If the guest fails to notify the hotel of a deficiency promptly, there is no right to a reduction in the agreed fee.

The hotel is liable for items brought by guests according to statutory provisions, up to an amount of CHF 1,000. The hotel is not liable for slight and moderate negligence. If valuables (jewelry, etc.), cash, or securities are not handed over to the hotel for safekeeping, the hotel's liability is excluded within the statutory possibilities. The hotel recommends storing money and valuables in the hotel safe.

If a possible damage is not reported to the hotel immediately upon discovery, the guest's claims are forfeited.

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

The hotel disclaims any liability for theft and damage to material brought in by third parties.

b) Guest

The guest is liable to the hotel for all damage and losses caused by them, ,companions, or their assistants or event participants, without the hotel having to prove fault to the guest.

The guest is responsible for the correct use and proper return of all technical aids/facilities provided by the hotel or procured from third parties on behalf of the hotel and is liable for damages and losses.

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

b) Third party

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

If a guest falls ill during their stay at the hotel, the hotel will notify a doctor at the guest's request. If the guest is no longer able to act and the hotel is aware of the illness, the notification will be made by the hotel.

Medical care is always at the guest's expense.

The contract with the hotel ends with the death of the guest.

Pets may only be brought into the hotel with the prior consent of the hotel and for a special fee.

The guest who brings an animal to the hotel is obliged to properly keep or supervise this animal during their stay or to have it stored or supervised by suitable third parties at his expense.

The guest must have appropriate pet owner insurance for their pet. Proof of appropriate insurance must be presented to the hotel upon request.

Alternatively: Animals are not allowed in the social, restaurant and event rooms as well as in the hotel's wellness area.

Lost and found items will be forwarded if the ownership is clear and the residential/business address is known. The costs and risk of forwarding are borne by the guest.

If the guest requests services that are not provided by the hotel itself, the hotel only acts as an intermediary.

The statutory limitation periods apply. If these can be modified, an absolute limitation period of 6 months after departure applies to the guest's claims for damages. 

Advertisements in media (such as newspapers, radio, television, Internet) with reference to events in the hotel, with or without use of the unchanged company logo, require the prior written consent of the hotel.