Booking Conditions Kempinski Residences St.Moritz
These general terms and conditions (the "GTC") apply to any short-term booking of the Kempinski Residences St. Moritz (the “Residences”), as well as to the additional services and deliveries the Kempinski Hotel St. Moritz AG (the “Hotel”) provides to the customer.
The customer must personally use the Residences and must exclusively use the Residences for private accommodation purposes, except the customer has explicitly obtained written approval by the Hotel to do otherwise.
In case the customer has its own general terms and conditions, the GTC shall overrule those.
Conclusion of Contract
The customer in the Residences enters into a binding contract for accommodation (Gastaufnahmevertrag) with the Hotel. If a third party has made the reservation on behalf of the customer, such third party together with the customer will be liable to the Hotel as joint and several debtors for all obligations arising from the contract for accommodation.
In response to a reservation enquiry, the customer receives, subject to availability, a reservation offer which is valid until the date and time specified. The contract for accommodation becomes validly established through the Hotel`s acceptance of the customer’s confirmation of such reservation offer within the specified date and time, along with the receipt of a 100% prepayment, latest 2 weeks before check-in date; for winter high-season and special rates, such as the "early bird rate" or the "last minute rate", a deviating prepayment policy may apply as explicitly stated in such reservation offer; payments can either be made by bank transfer or credit card; transfer cost and expenses are borne by the customer; in case these payments are not entirely executed by the customer when due (date of receipt by the Hotel) the contract for accommodation lapses and the Hotel is immediately entitled to freely offer the Residences to other customers without giving prior notice to such defaulting customer) to be made by the customer, as indicated in the reservation offer. By establishing such contract of accommodation, the customer mutually accepts the GTC.
Services, Payment, Set-off
Depending on offered rate/service-package the services (housekeeping intervals, breakfast, half-board etc.) provided by the Hotel do vary.
The agreed prices for accommodation and other services include prevailing VAT, but exclude local tourism tax.
In all cases, the customer is obliged to pay for the accommodation in the Residences as such, as well as for all other services rendered by the Hotel and all services rendered by external parties on behalf of the customer. In the event of a payment default by the customer, the Hotel is entiteld to charge 7% default interest p.a. and reserves the right to claim damages in excess thereof. The customer agrees that the Hotel may store the customer’s credit card information to secure due payments, and in the event of payment default, the Hotel shall be entitled to charge the amount due to such credit card.
Customer`s payment set-off against eventual claims of the customer against the Hotel, is explicitly excluded.
Cancellation, No-Show, Early Departure
In case of cancellation by the customer, and if made latest 2 weeks before check-in date, any prepayment is refundable. In case a cancellation request by the customer is received later than 2 weeks before check-in date, the total accommodation cost (100%) are not refundable. For winter high-season bookings and special rates, such as the "early bird rate" or the "last minute rate", any prepayment is not refundable.
In case of delayed announcement by the customer of any changes (meaning later than the aforementioned cancellation deadlines), such as a no-show (meaning the customer does not check-in on the agreed check-in date) or an early departure (meaning the customer leaves prior to the agreed check-out date) the total accommodation cost (100%) are not refundable.
Withdrawal by the Hotel
In addition to the aforementioned reason (customer`s payment default), the Hotel is also entitled to immediately withdraw from the contract for accommodation for good cause, as in particular:
- force majeur or other reasons outside of the Hotel’s responsibility that make an execution of the contract for accommodation impossible;
- a booking has been made by the customer by providing misleading important information;
- if the Hotel has reasonable suspicion that the acceptance of a booking might compromise the smooth operation, the security and/or the reputation of the Hotel;
- a booking is used abusively (e.g. the Residences are sublet by the customer without explicit approval by the Hotel).
The Hotel immediately informs the customer in writing in case of such withdrawal by the Hotel. A justified withdrawal by the Hotel does not establish any claims of the customer against the Hotel for damages compensation.
Check-in and Check-out, Residences Allocation
Check-in time at the Residences is from 3 p.m. daily. Early check-in (i.e. before 3 p.m.) can be requested by the customer and offered by the Hotel subject to availability.
Check-Out time at the Residences is until 12 p.m. daily. Late check-out (i.e. after 12 p.m.) can be requested by the customer and offered by the Hotel subject to availability. For late check-outs, the Hotel reserves the right to charge 50% of the average daily accommodation rate of the respective booking until 6 p.m. , and after 6 p.m. 100% respectively. Additionally, it is at the Hotel's sole discretion to claim any loss incurred in excess to such late check-out.
The Hotel reserves its discretionary right to allocate comparable Residences in exchange for those originally booked by the customer at any time.
Liability
The customer is personally responsible for all cost related to its stay and is liable for any and all damage caused to the Residences or any other property. The Hotel is entitled to charge the customer for all cost related to its stay and any and all damage caused to the Residences or any other property.
If operative disruptions or deficiencies occur in the services rendered by the Hotel to the customer, the Hotel will work towards ensuring remedies upon the immediate complaint by the customer. If the customer fails to immediately report operative disruptions or deficiencies to the Hotel, the customer will forfeit the right for any type of payment reduction. In such events, the customer is at any time obliged to cooperate with the Hotel to a reasonable extent to keep any harm as minimal as possible.
The Hotel is liable to the customer for objects brought to the Residences pursuant to Swiss statutory provisions, i.e. up to a monetary amount of CHF 1,000.00, provided that the Hotel is not accountable for fault. Money and valuables of a maximum monetary value of CHF 16,000.00 (of which max. CHF 10,000.00 can be in cash) can be kept in the central Hotel safe at the Hotel`s central reception desk. Customer`s liability claims expire if the customer does not report any loss, destruction or damage for objects brought to the Residences to the Hotel immediately upon discovery of such circumstance.
For all other incidents, the Swiss statutory provisions apply regarding the Hotel's liability, whereas the Hotel's liability is in all cases limited to gross negligence and intent.
If the customer is provided a parking space in the Hotel`s garage or a Hotel parking lot, complimentary or against a charge, no contract for safekeeping is thereby established. The Hotel does not have a duty of surveillance. The Hotel is not liable for any loss or damage to vehicles parked or maneuvered in and around the Hotel compound and neither for any valuables inside the vehicle, except in cases of gross negligence and intent, whereby this also applies to vicarious agents of the Hotel.
Wake-up call requests by the customer are executed by the Hotel with utmost diligence; however, the Hotel does not accept any liability for their correct and timely execution.
Messages, mail and shipments of goods on behalf of the customer are executed with utmost diligence; however, the Hotel does not accept any liability for correct and timely execution.
The Hotel does not accept any liability in connection with services or activities that are performed by third parties and which are arranged through the Hotel (e.g. as a recommendation from the concierge of the Hotel).
Animal Policy
Pets in general are allowed in the Residences against a charge. The customer who brings a pet with him/her must have liability insurance that covers any possible damage or injury caused by such pet and must guarantee payment for any such damage caused. All pets must be pre-approved by the Hotel in writing prior to check-in date. The customer is entirely responsible for the conduct and behavior of his/her pet. In case of any third party claim related to any customer`s pet, the customer shall hold harmless and indemnify such third party and/or the Hotel upon first request.
Non-Smoking Policy
Smoking in the Residences and in the Residences compound (e.g. common areas like staircases, elevators, halls, toilets, garage, entrance area, guest-lounge etc.) is strictly prohibited. If a customer is in breach of this non-smoking covenant, the customer shall pay to the Hotel for each breach a penalty (German: Konventionalstrafe) in the amount of a minimum of CHF 2,000.00 (depending on size and type of the concerned Residence, the Hotel reserves the right to charge a considerably higher amount and to claim damages in excess thereof).
Ski/Snowboard/Sledges Storage
Skis and ski boots, snowboards and sledges are to be stored exclusively in the Hotel`s Ski Room, located close to the Residences concierge desk. Wearing ski boots anywhere in the Hotel or in the Residences (both, in exclusive and in common areas) is strictly forbidden, in order to avoid damages to the floors and carpets and to avoid unnecessary noise. The Hotel reserves the right to charge customers for any repair cost incurred or for any other damages caused thereby.
Residences Lounge
The Residences lounge is accessible on a complimentary basis exclusively to customers of the Residences during its opening hours, which do vary seasonally.
Units of Measurement
Please note that all rates/prices are quoted in Swiss Francs (CHF).
St. Moritz time (time zone) is equivalent to Central European Time (CET).
The dimensions of the Residences are represented in Gross Leasable Areas (GLA), expressed in m2.
Indemnification
The customer is required to respect peace and quiet and good order in the Residences at all time, and undertakes to hold harmless and indemnify the Hotel in full for and against all and any claims made by third parties in connection with its stay in and its use of the Residences.
Final Provisions
Changes or amendments to the contract for accommodation, and if necessary to the GTC, must be made in writing. Unilateral changes or amendments made by the customer are invalid.
The place of fulfillment of contractual obligations, is the place of the Hotel`s registered office, namely St.Moritz/Switzerland.
The exclusive place of jurisdiction is the place of the Hotels registered office, namely St.Moritz/Switzerland. However, the Hotel reserves the right to file a lawsuit at the place of the customer’s permanent place of residence. Swiss law applies.
If individual provisions of the GTC are or become invalid or void, the remaining provisions shall not be affected thereby and remain valid. For cases not ruled in the GTC, Swiss statutory provisions apply.