General Terms and Conditions (GTC)
These General Terms and Conditions (hereinafter referred to as GTC) apply to the rental of rooms and/or event rooms and meeting rooms as well as to all other related services provided by Hotel Weissenstein or Hotel Weissenstein AG (hereinafter referred to as Hotel Weissenstein) to customers (companies, private customers, event organisers, clubs, authorities, etc.) (hereinafter referred to as organisers). These GTC form an integral part of every contract. Amendments to these GTC require an express written agreement between the parties. Should the present General Terms and Conditions contradict certain contractual conditions of the Organiser, the present General Terms and Conditions shall take precedence and the General Terms and Conditions of the Hotel Weissenstein shall apply exclusively.
2. Contract Conclusion
The written confirmation, sent by e-mail or letter, follows the reservation by the organizer. The contract between the parties is only concluded with the written confirmation of the Hotel Weissenstein to the organiser.
3. Services, payments and prices
3.1 The Hotel Weissenstein undertakes to provide the services ordered by the organiser and promised in writing by the Hotel Weissenstein.
3.2 All prices are quoted in Swiss francs (CHF) and include statutory value-added tax (VAT). The Weissenstein Region fee of CHF 1.50 per person per night is not included.
3.3 The Hotel Weissenstein is entitled to demand an appropriate down payment at any time. The amount of the down payment and the payment dates shall be agreed in writing in the contract. If the organiser does not comply with his obligation to pay the deposit in due time, the Hotel Weissenstein is entitled to withdraw from the contract after setting a reasonable grace period (maximum 14 days). The organiser shall be liable for any resulting damage suffered by Hotel Weissenstein
3.4 Unless the Hotel Weissenstein requires a down payment, the entire invoice amount must be paid by the organiser by credit card or in cash at the latest at the time of departure. If payment by invoice is agreed, the entire invoice amount is due 30 days after the invoice date. In the event of default in payment, Hotel Weissenstein shall be entitled to charge interest on arrears in the amount of 5%, as well as any operating and collection costs.
3.5 Hotel Weissenstein expressly reserves the right to change prices.
4.1 The organiser is liable for damages and losses of the inventory of the Hotel Weissenstein caused by the organiser, employees, event participants or third companies commissioned by the organiser. The Hotel Weissenstein declines any liability for theft and damage of objects brought in by the organiser. The insurance of these items is the responsibility of the organiser.
4.2 The Hotel Weissenstein is liable only for intentional or grossly negligent contractual or non-contractual damage and only for direct damage. Any further liability, in particular in the case of slight or medium negligence or for indirect damage, such as in particular loss of profit, is excluded. The Hotel Weissenstein accepts no liability for the services ordered by the organiser in the event that external services are arranged.
4.3 The items brought along by the organiser must be taken back or disposed of. The packaging material must be disposed of by the organiser at the end of the event. Additional cleaning costs will be charged to the organiser at CHF 80 per employee hour or part thereof, plus disposal fees.
5. Cancellation of the Hotel Weissenstein
5.1 If the performance to be provided by Hotel Weissenstein in accordance with the contract is made considerably more difficult or impossible by force majeure (according to Swiss understanding in particular natural disasters such as storm winds, floods or earthquakes as well as fire, hostage-taking, war, unrest, nuclear & reactor accidents, strikes, unforeseeable official restrictions etc.) or other circumstances for which Hotel Weissenstein is not responsible, Hotel Weissenstein may rescind the contract in whole or in part without compensation to the extent of the unfulfilled part of the contract.
5.2 Hotel Weissenstein is also entitled to withdraw from the contract without compensation if there are reasonable grounds to assume that the event may endanger the smooth running of the business, the security or the reputation of Hotel Weissenstein in public. In particular, if the organiser pursues extreme positions with regard to Islamist or right-wing radicalism. Such an inclination on the part of the organiser releases the Hotel Weissenstein from all contractual obligations at any time and with immediate effect. The Hotel Weissenstein expressly reserves the right to claim damages from the organiser.
6. Withdrawal of the organiser
If it is impossible for the organiser as a result of force majeure to obtain the agreed services, he may withdraw from the contract in whole or in part without compensation to the extent of the unfulfilled part of the contract.
7. Arrival and departure times
The hotel rooms are available from 3pm on the day of arrival and must be vacated before 11am on the day of departure.
8. Block bookings/room contingents
8.1 Up to 7 days before arrival at the latest the Hotel Weissenstein will receive a list of participants with the following information for block bookings (6 rooms or more) from the organiser:
- First and last names of guests
- Time of arrival
- Terms of payment for guests
8.2 After expiry of the deadline set by Hotel Weissenstein, the remaining rooms of the respective contingent will be released for open sale.
9. Cancellation conditions for hotel rooms
9.1 Hotel Weissenstein must be notified in writing as early as possible of any cancellations of hotel room reservations. The following cancellation conditions apply to the cancellation of bookings as well as in the case of unregistered non-attendance (no-show) and in the case of early departure.
9.2 Cancellations of individual hotel room bookings (up to a total of 5 rooms) and the corresponding cancellation fees are regulated as follows:
|No Show||100% of the total price of all room nights|
|≤ 7 days*||50% of the total price of all room nights|
|8-14 days*||25% of the total price of all room nights|
|≥ 15-30 days*||free|
*regular days (Monday - Sunday correspond to 7 days) before arrival
9.3 Hotel Weissenstein reserves the right to deviate from the above-mentioned cancellation conditions and to disclose these in the individual contract for prominent dates on which a particularly high demand can be expected (e.g. on 31.12. of each year).
9.4 In the event of an earlier departure, Hotel Weissenstein reserves the right to charge in full for room nights not claimed.
9.5 The free cancellation of a block booking of several hotel rooms (from a total of 6 rooms) or individual rooms of the block booking must be made in writing to the Hotel Weissenstein and at the latest as follows:
|6 to 20 rooms:||31 days before arrival|
|21 to 47 rooms:||61 days before arrival|
|48 to 54 rooms:||Individual conditions in the contract|
9.6 In the event of cancellation of all or part of a block booking after the above deadlines, the organiser will be charged the following cancellation costs (based on the maximum number of rooms booked on one of the days of stay):
|1-5 rooms||6-20 rooms||21-47 rooms|
|≤ 7 days*||50%**||60%**||100%**|
|≥ 15-30 days*||free||20%**||60%**|
|≥ 60 days*||free||free||free|
* regular days (Monday - Sunday correspond to 7 days) before arrival
** total price of all room nights cancelled
9.7 For all cancellations it also applies that services rendered in advance by the Hotel Weissenstein and its partners are to be paid in full in any case.
10. Changes of reservations by the Hotel Weissenstein
If the Hotel Weissenstein cannot provide the organiser with one or more of the booked rooms for any reason, the Hotel Weissenstein will provide the organiser with an equivalent room. If no equivalent room is available, the Hotel Weissenstein will provide the organiser with a room of a different category.
Banquets / Events
11. Use of space / approvals
11.1 The Hotel Weissenstein reserves the right to make room changes if the rooms meet the requirements and interests of the organiser and are acceptable to him. Any subletting of rooms or areas by the organiser requires the prior written consent of the Hotel Weissenstein.
11.2 Unless otherwise stipulated in the contract, the organiser must obtain any authorisations himself and for his own account. Copyright compensation in respect of music performances must be registered and paid for by the organiser himself.
11.3 Unless otherwise agreed, the event room is ready 10 minutes before the start of the event. The Panorama Hall is ready 20 minutes before the start. Apéros are always ready to serve 5 minutes before the agreed start.
12. Number of participants / services ordered
12.1 The organiser must inform the Hotel Weissenstein of the final number of participants as early as possible. The guaranteed number (the number of persons reported 61 days before the event) shall serve as the calculation basis for any reductions. Free percentage reduction of the sum of all originally ordered services (excluding expected consumption) can be made by the organiser as follows:
|≤ 3 days*||0%**|
|≥ 31 days*||20%**|
* regular days (Monday - Sunday correspond to 7 days) before arrival
** of the originally ordered services will be cancelled free of charge
12.2 If the effective price (considering the above percentage reductions) is below the price calculated on the basis of the guaranteed number or below the minimum consumption price for the booked event space, the higher of the following prices shall be owed instead of the effective price: Price according to guarantee number or minimum consumption price for the booked event room. If, on the other hand, the effective price (considering the above percentage reductions) is higher than the price calculated on the basis of the guaranteed number and above the minimum consumption price for the booked event space, the effective price shall be owed.
12.3 If the actual number of participants is higher than the guarantee number, the Hotel Weissenstein does not guarantee that all guests will be considered.
13. Cancellation of the event by the organiser
13.1 Cancellations of a reservation of event rooms must be communicated to Hotel Weissenstein by the organiser as early as possible and in writing.
13.2 In the event of cancellations before the date of the event, the organiser will be invoiced for the provision costs and the following cancellation lump sums of the expected invoice amount. The basis for calculation is the most recent signed confirmation and the sum of all ordered services listed therein:
||< 250 Pers.
|≤ 14 days*||50%**||80%**||80%**||80%**||individual|
|≥ 121 days*||free||free||free||5%**||individual|
* regular days (Monday - Sunday correspond to 7 days) before arrival
** of the lost turnover according to reservation confirmation / offer (without drinks)
13.3 Services rendered in advance by the Hotel Weissenstein are to be paid for in any case.
The use of equipment brought along by the customer requires the prior consent of the Hotel Weissenstein. No guarantee is given for the functioning of the equipment brought along by the customer. Short-term change to the in-house technology is only possible to a limited extent. The organiser is responsible for the correct use and return of all technical aids or equipment that Hotel Weissenstein makes available to him or procures on his behalf through third-party companies, and is liable for any damages and losses. The Hotel Weissenstein is not liable for claims of third parties.
15. Fire regulations / other safety regulations / application of decorative materials
15.1 The organiser undertakes to comply with the fire regulations of the Hotel Weissenstein, in particular keeping escape routes clear, upholding of the smoking ban etc. Decorative material brought in by the organiser must also comply with the fire regulations.
15.2 The organiser is also responsible for ensuring that no more persons are admitted than the capacity of the corresponding room. The maximum numbers indicated by Hotel Weissenstein are binding. The Hotel Weissenstein declines any liability in the event of non-compliance.
15.3 The attachment of decorative materials and other objects to walls, doors and ceilings always requires the prior consent of the Hotel Weissenstein. The organiser is liable for any damage incurred by the Hotel Weissenstein as a result. Damages caused by the organiser will only be repaired by certified third parties of the Hotel Weissenstein, at the expense of the organiser.
16. Printed matter / media advertisements
The use of logos/images of the Hotel Weissenstein in any form by the organiser always requires prior written permission. If a publication is made without corresponding consent, Hotel Weissenstein shall be entitled to withdraw from the contract. The organiser is liable to the Hotel Weissenstein for any resulting damage.
17. Additional charges
From 11pm a night surcharge will be charged per room as follows:
|23:00 - 00:00 :||Surcharge CHF 300.00 / hour|
|00:00 - 02:00 :||Surcharge CHF 500.00 / hour|
|02:00 - 04:00 :||Surcharge CHF 800.00 / hour|
If no other written agreement has been made, the organiser is obliged to obtain all food and drinks from the Hotel Weissenstein. Otherwise a corkage / catering admission fee agreed in advance will be charged.
19. Driving permission
There is a driving ban on the Weissenstein on Sundays and public holidays from 9am to 4pm and a general driving ban in winter. Material can be transported with the Weissenstein cable car. Other necessary driving opportunities can be organised and executed by the Hotel Weissenstein after consultation and availability. The Hotel Weissenstein has special travel permits both on Sundays and public holidays and during the winter season.
20. Applicable law / jurisdiction
The contract shall be governed exclusively by Swiss substantive law. Place of performance and jurisdiction is Oberdorf, Solothurn. Should individual provisions of these GTC be invalid, this shall not affect the validity of the remaining provisions. In such a case, the legally ineffective provision shall be deemed to have been replaced by a similar, but effective provision.
Solothurn, 1st February 2019