General Terms and Conditions (GTC)
1. Scope of application
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, associations, 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 these GTC contradict certain contractual conditions of the organiser, these GTC shall take precedence and the GTC of the Hotel Weissenstein shall apply exclusively.
2. Conclusion of contract
The written confirmation, sent by e-mail or letter, follows the reservation by the organiser. The contract between the parties only comes into effect with the written confirmation from 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 confirmed in writing by the Hotel Weissenstein.
3.2 All prices are quoted in Swiss francs (CHF) and include the statutory value added tax (VAT). Not included is the Weissenstein region contribution of CHF 1.50 per person per overnight stay.
3.3 The Hotel Weissenstein is entitled to demand an appropriate deposit at any time. The amount of the deposit and the payment dates shall be agreed in writing in the contract. If the organiser does not meet his obligation to make a down payment on time, the Hotel Weissenstein is entitled to withdraw from the contract after setting a reasonable grace period (maximum 14 days). The organiser is liable for any damages incurred by the Hotel Weissenstein as a result.
3.4 If no deposit is required by Hotel Weissenstein, the full invoice amount must be paid by the organiser by credit card or in cash by the time of departure at the latest. If payment by invoice is agreed, the entire invoice amount is due 30 days after the invoice date. In the event of late payment, the Hotel Weissenstein is entitled to charge interest on arrears at a rate of 5%, as well as any debt collection costs.
3.5 The Hotel Weissenstein expressly reserves the right to change prices.
4. Liability
4.1 The organiser shall be liable for damage to and loss of Hotel Weissenstein’s inventory caused by the organiser, employees, event participants or third-party companies commissioned by the organiser. The Hotel Weissenstein accepts no liability for theft of or damage to items brought in by the organiser. The organiser is responsible for insuring these items.
4.2 The Hotel Weissenstein is only liable for intentional or grossly negligent contractual or non-contractual damage and only for direct damage. Any further liability, in particular for slight or medium negligence or for indirect damage, such as in particular loss of profit, is excluded. If external services are arranged, Hotel Weissenstein accepts no liability for the service ordered by the organiser.
4.3 Items brought 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. Any additional cleaning work will be charged to the organiser at CHF 80 per employee hour or part thereof, plus disposal fees.
4.4 Smoking is prohibited in the entire hotel area. If smoking is permitted in the rooms/corridors, additional cleaning costs will be charged. These amount to CHF 150.00.
5. Cancellation by the Hotel Weissenstein
5.1 If the service to be provided by the Hotel Weissenstein under the contract is made significantly more difficult or impossible in whole or in part due to force majeure (as understood in Switzerland, in particular natural disasters such as storm winds, floods or earthquakes as well as fire, hostage-taking, war, unrest, nuclear and reactor accidents, strikes, unforeseeable official restrictions, etc.) or other circumstances for which the Hotel Weissenstein is not responsible, the Hotel Weissenstein may withdraw from the contract in whole or in part to the extent of the unfulfilled part of the contract.) or other circumstances for which the Hotel Weissenstein is not responsible, the Hotel Weissenstein may withdraw from the contract in whole or in part without compensation to the extent of the part of the contract not yet fulfilled.
5.2 The Hotel Weissenstein is also entitled to withdraw without compensation if there is reasonable cause to believe that the event may jeopardise the smooth running of the business, the safety or the public reputation of the Hotel Weissenstein. This is particularly the case if the organiser holds extreme positions with regard to Islamist or right-wing extremist views. Any such inclination on the part of the organiser shall release the Hotel Weissenstein from all contractual obligations at any time and with immediate effect. The Hotel Weissenstein expressly reserves the right to assert any claims for damages against the organiser.
6. Withdrawal by the Organiser
If the organiser is unable to fulfil the agreed services due to force majeure, they may withdraw from the contract in whole or in part, without compensation, to the extent that the contract has not yet been fulfilled.
HOTEL ROOMS
7. Check-in and Check-out Times
Hotel rooms are available from 3:00 p.m. on the day of arrival and must be vacated by 11:00 a.m. on the day of departure.
8. Block Bookings / Room Allotments
8.1 For block bookings (from 6 rooms), the Hotel Weissenstein must receive a guest list from the organiser no later than 7 days prior to arrival, including the following information:
- First and last names of the guests
- Arrival time
- Payment terms for the guests
8.2 After the deadline set by Hotel Weissenstein has passed, any remaining rooms from the respective allotment will be released back into general sale.
9. Cancellation Policy for Hotel Rooms
9.1 Cancellations of hotel room reservations must be communicated to Hotel Weissenstein as early as possible and in writing. The following cancellation conditions apply to both the cancellation of bookings and to no-shows without prior notice, as well as in cases of early departure.
9.2 Cancellations of individual hotel room bookings (up to a total of 4 rooms) and the applicable cancellation fees are governed as follows:
| 1-4 Rooms | |
| No Show | 100% of the total price of all room nights |
| ≤ 3 days | 100% of the total price of all room nights |
| > 3 days | Free of charge |
9.3 For key dates where particularly high demand is expected (e.g. 31 December of each year), Hotel Weissenstein reserves the right to deviate from the above-mentioned cancellation conditions and to specify these in the individual contract.
9.4 In the event of early departure, Hotel Weissenstein reserves the right to charge the full amount for unused room nights.
9.5 Free cancellation of a block booking of multiple hotel rooms (from a total of 5 rooms) or individual rooms within such a block booking must be received by Hotel Weissenstein in writing no later than the following deadlines:
| 5 to 20 rooms | 31 days prior to arrival |
| 21 to 40 rooms | 61 days prior to arrival |
| 41 to 50 rooms | Individual conditions as specified in the contract |
9.6 In the event of a cancellation of all or part of the block booking after the above-mentioned deadlines, cancellation fees will be charged to the organiser as follows (the calculation is based on the highest number of rooms booked on any one of the days of the stay):
| 5-20 rooms | 21-40 rooms | |
| No Show | 100% ** | 100% ** |
| ≤ 7 days* | 60% ** | 100% ** |
| 8-14 days* | 40% ** | 80% ** |
| ≥ 15-30 days* | 20% ** | 60% ** |
| 31-60 days* | Free of charge | 30% ** |
| ≥ 60 days* | Free of charge | Free of charge |
* Regular days (Monday to Sunday count as 7 days) prior to arrival
** Total price of all cancelled room nights
9.7 For all cancellations, any services provided in advance by Hotel Weissenstein and its partners must be paid for in full, regardless of the cancellation.
10. Rebookings by Hotel Weissenstein
If Hotel Weissenstein is unable to provide the organiser with one or more of the booked rooms for any reason, the hotel will offer the organiser an equivalent room. If no equivalent room is available, Hotel Weissenstein will provide the organiser with an available room in another category.
BANQUETS / EVENTS
11. Room Usage / Permits
11.1 Hotel Weissenstein reserves the right to make changes to room assignments, provided the alternative spaces meet the organiser’s requirements and are reasonably acceptable. Subletting or further leasing of rooms or spaces by the organiser requires prior written approval from Hotel Weissenstein.
11.2 Unless otherwise stated in the contract, the organiser is responsible for obtaining any necessary permits at their own expense. Copyright-related fees for musical performances must be registered and paid by the organiser.
11.3 Unless otherwise agreed, the event space will be ready 10 minutes before the start of the event. The Panorama Hall will be ready 20 minutes before the start. Apéritifs will be ready to serve 5 minutes before the agreed start time.
12. Number of Participants / Ordered Services
12.1 The organiser must inform Hotel Weissenstein of the final number of participants as early as possible. The guaranteed number of participants (as reported 61 days prior to the event) will serve as the basis for any potential reductions in charges.
The organiser may reduce the total of all originally ordered services (excluding expected consumption-based items) free of charge by the following percentages:
| ≤ 3 days* | 0%** |
| 4-7 days* | 3%** |
| 8-14 days* | 5%** |
| 15-30% days* | 10%** |
| ≥ 31 days* | 20%** |
* Regular days (Monday to Sunday count as 7 days) prior to arrival
** of the originally ordered services may be cancelled free of charge.
12.2 If the actual price (after applying the above-mentioned percentage reductions) is lower than the price based on the guaranteed number of participants, or lower than the minimum consumption price for the booked event space, then the higher of the following two prices shall apply: the price based on the guaranteed number or the minimum consumption price for the booked venue. However, if the actual price (after reductions) exceeds both the price based on the guaranteed number and the minimum consumption price, then the actual price shall apply.
12.3 If the actual number of participants exceeds the guaranteed number, Hotel Weissenstein cannot guarantee that all guests will be accommodated.
13. Cancellation of the Event by the Organiser
13.1 Cancellations of reservations for event spaces must be communicated to Hotel Weissenstein by the organiser as early as possible and in writing.
13.2 In the case of cancellations prior to the event date, the organiser will be charged for the preparation costs and the following flat-rate cancellation fees based on the expected invoice amount. The basis for calculation is the most recently signed confirmation and the total of all services ordered therein:
| 1-50 persons | 50-100 persons | 101-150 persons | 151-250 persons | |
| ≤ 14 days* | 50% ** | 80% ** | 80% ** | 80% ** |
| 15-30 days* | 20% ** | 50% ** | 50% ** | 50% ** |
| 31-60 days* | 5% ** | 20% ** | 50% ** | 50% ** |
| 61-90 days* | Free of charge | 5% ** | 20% ** | 50% ** |
| 91-120 days* | Free of charge | Free of charge | 5% ** | 20% ** |
| ≥ 121 Tage* | Free of charge | Free of charge | Free of charge | 5% ** |
* Regular days (Monday to Sunday count as 7 days) prior to arrival
** of the lost revenue according to the reservation confirmation / offer (excluding beverages)
from 250 persons: individual arrangement
13.3 Any services provided in advance by Hotel Weissenstein must be paid for in all cases.
14. Technical Equipment
The use of self-provided equipment requires prior approval from Hotel Weissenstein. No guarantee is given for the functionality of such equipment. A short-notice switch to the hotel’s in-house equipment is only possible to a limited extent. The organiser is responsible for the proper use and timely return of all technical equipment or facilities provided by Hotel Weissenstein or sourced through third parties on its behalf, and is liable for any damage or loss. Hotel Weissenstein assumes no liability for claims made by third parties.
15. Fire Safety Regulations / Other Safety Requirements / Installation of Decorative Materials
15.1 The organiser undertakes to comply with the fire safety regulations of Hotel Weissenstein, in particular keeping escape routes clear, observing the smoking ban, etc. Any decorative materials brought in by the organiser must also comply with fire safety requirements.
15.2 The organiser is furthermore responsible for ensuring that no more persons are admitted than the capacity of the respective room allows. The maximum numbers specified by Hotel Weissenstein are binding. In the event of non-compliance, Hotel Weissenstein accepts no liability.
15.3 Attaching decorative materials or other items to walls, doors, or ceilings always requires the prior consent of Hotel Weissenstein. The organiser is liable for any damage caused to Hotel Weissenstein as a result. Any such damage caused by the organiser will be repaired exclusively by approved third-party contractors of Hotel Weissenstein at the organiser’s expense.
16. Printed Materials / Media Advertisements
The use of Hotel Weissenstein’s logos or images in any form by the organiser always requires prior written approval. If publication takes place without such consent, Hotel Weissenstein reserves the right to withdraw from the contract. The organiser shall be liable to Hotel Weissenstein for any resulting damages.
17. Surcharges
From 11:00 p.m. onwards, a night surcharge per room will be applied as follows:
11:00 p.m. – 12:00 a.m.: CHF 300.00 per hour
12:00 a.m. – 2:00 a.m.: CHF 500.00 per hour
2:00 a.m. – 4:00 a.m.: CHF 800.00 per hour
18. Catering
Unless otherwise agreed in writing, the organiser is required to obtain all food and beverages from Hotel Weissenstein. Otherwise, a previously agreed corkage fee or catering access charge will be invoiced.
19. Road Access Permits
There is a driving ban on the Weissenstein on Sundays and public holidays from 9:00 a.m. to 4:00 p.m., as well as a general driving ban during the winter season. Material transport can be carried out via the Weissenstein cable car. Additional transport services can be arranged and provided by Hotel Weissenstein upon request and subject to availability. Hotel Weissenstein holds special road access permits for both Sundays and public holidays, as well as during the winter closure period.
20. Applicable Law / Place of Jurisdiction
The contract is governed exclusively by substantive Swiss law. The place of performance and jurisdiction is Oberdorf, Solothurn. Should any individual provision of these General Terms and Conditions be invalid, this shall not affect the validity of the remaining provisions. In such a case, the invalid provision shall be deemed replaced by a valid one that most closely reflects its intended meaning.
Solothurn, 1 February 2019