General terms and conditions («GTCs») of Hospitality Real Estate AG for ACASA Suites («the hotel») for the rental of hotel rooms and meeting rooms by an organiser/guest (“the contracting party”)
These general terms and conditions (GTCs) apply for all services delivered by ACASA Suites (the hotel) to guests and organisers (the contracting party). All offers of the hotel are based on these GTCs, which are an integral part of all contracts concluded between the hotel and the contracting party for the provision of event and conference facilities, hotel rooms for the purpose of accommodation, and all other associated products and services provided by the hotel. The contracting party confirms that he/she has read these GTCs and accepts them. Should there be any conflicting or deviating conditions between these GTCs and the contract with the contracting party, these GTCs shall prevail. The hotel does not accept any conflicting or deviating terms and conditions issued by the contracting party unless an explicit written agreement has been made to this effect.
II. Conclusion of the contract
The contract shall become effective when both contracting parties (the hotel and the contracting party) mutually agree to it in writing. If the customer/placer of the order is not the actual contracting party and the order is being placed for a third party as the contracting party, the placer of the order shall be jointly and severally liable for all obligations arising from the contract together with the contracting party. The contracting partner and client is obliged to provide truthful information and to complete the registration form accordingly.
III. Services, prices, payment
- The contracting party is obliged to pay the hotel the prices agreed for the services ordered. This also applies to services provided and expenses incurred by the hotel visàvis third parties.
- The contracting party is not entitled to provision of a specific room within the ordered room category.
- All prices are quoted in Swiss Francs (CHF) and include the statutory value-added tax (VAT). Should VAT change after the conclusion of the contract, the contracting party will be liable to pay the rate of VAT chargeable at the time the services are provided.
- Should the contracting partner want to change the amount of hotel rooms booked or book additional servces of the hotel or should he/she would want to change the length of stay, is always requires a written approval of the hotel, which can make it dependant on a price adjustment.
- Late-cancellations, No-shows and early departures are charged with 100% of the room price for the reserved or not yet paid roomnights.
- Based on the hotel’s credit policy, room charges are normally payable upon reservation and latest payable upon arrival. An amount of CHF 50 per day will be reserved as a guarantee for potential consumption by preauthorisation and will be charged or released on a weekly basis or at check-out based on actual consumption. Corporate contracts might include other individually agreed conditions. Payments can be made by credit card (MasterCard, VISA, American Express), Debit Card
(EC/Maestro, V Pay) or in cash (CHF, EUR) at the respective exchange rate. Any change will be given in CHF.
- Should the parties agree on a payment by invoice, the entire amount will be payable 10 days after invoice date. In case that the payment is not paid within this period, interest payments in the amount of 5% of the invoice amount as well as a fee of CHF 40 will be charged.
- The hotel is entitled to charge overdue payments, damages or any missing furnishing objects linked to this contract to the credit card (given at time of booking) of the contracting partner.
- The hotel is entitled to demand a reasonable advance payment at any time.
- The hotel is permitted to issue interim invoices for stays longer than one week or for receivables exceeding CHF 1’000.00. Any such invoices are payable immediately.
- The contract party can only offset undisputed and definitive claims against the ones of the hotel.
IV. Arrival and departure
- Customers can use reserved rooms from 3.00 p.m. on the day of arrival.
- Early check-in can be booked for the following fees (until 09.00 a.m.: 100% of room rate/ 9.00 a.m. – 12.00 noon: CHF 100 / 12.00 noon - 3.00 p.m. CHF 30 per hour) subject to availability
- Rooms must be vacated by 12.00 noon on the agreed day of departure. After this time, the hotel is permitted to charge for extra-contractual use. It may charge 50% of the room rate for the following night for use up to 6.00 p.m. and 100% of the room rate for usage of the rooms beyond 6.00 p.m. Should the hotel room not be fully cleared or should it be heavily dirty, an additional cleaning fee of CHF 250 can be charged by the hotel.
- Late Check-out can be booked for the following fees (12.00 noon – 3.00 p.m.: CHF 30 per hour / 3.00 p.m. – 6.00 p.m.: CHF 100 / As of 6.00 p.m.: 100% of room rate)
V. Room regulations and additional fees
- Pets are allowed subject to prior written approval by the hotel and provided that tranquillity and wellbeing of other guests and hotel staff members are not affected. A fee of CHF 30 per night per pet is charged
- If needed, an additional cleaning fee of CHF 250 per pet can be charged after departure.
- The entire hotel is non-smoking area. Incense sticks are also not permitted.
- Maximum two children are accommodated for free in the parents’ room in the available beds
- Use of sofa beds for children is charged with CHF 50 per night per child. Baby beds are available free of charge.
- Use of sofa beds for adults are charged with CHF 50 per night per person (only possible in Acasa suite and Rooftop Suite).
(V) I. Cancellation of rooms
- Individual bookings of 1 to 9 rooms can be cancelled according to the rate regulations:
Prepaid rate: Prepayment without possibility of cancellation
Flexible rate: The booking can be cancelled until 6.00 p.m. at the day of arrival. Should the booking be cancelled after 6.00 p.m., 100% of the room rate will be charged (also see III.5. no-show).
Cancellation of bookings for 10 – 35 rooms
- until 30 days prior to arrival: 100% of the rooms booked can be cancelled without charge
- 29 to 8 days prior to arrival: 20% of the rooms booked can be cancelled without charge
- as of 7 days prior to arrival: 100% of rooms will be charged (incl. no-shows)
Cancellation of bookings for more than 36 rooms
- Until 3 months prior to arrival: 100% of the rooms booked can be cancelled without charge. The 100% refer to the booked rooms per day.
- Until 2 months prior to arrival: 80% of the rooms booked can be cancelled without charge. The 80% refer to the booked rooms per day.
- Until 1 month prior to arrival: 50% of the rooms booked can be cancelled without charge. The 50% refer to the booked rooms per day
- Until 14 days prior to arraival: 20% of the rooms booked can be cancelled without charge. The 20% refer to the booked rooms per day.
- Until 7 days prior to arrival: 10% of the rooms booked can be cancelled without charge. The 10% % refer to the booked rooms per day.
- As of 7 days prior to arrival: 100% of costs will be charged (incl. no-show)
For additional rooms booked at a later point in time the same cancellation policy shall apply.
- Companies with an annual production, separate cancellation policies according to corporate agreement shall apply.
- Longstay/ monthly stays
The payment of one full monthly rent is payable upon booking. The booking can be cancelled as follows:
Until 30 days prior to arrival: no cancellation fee
29 – 15 days prior to arrival: Cancellation fee of 10% of the monthly rent
14 – 3 days prior to arrival: Cancellation fee of 75 % of a monthly rent
Less than 3 days prior to arrival: Cancellation fee in the amount of one monthly fee.
Early departure is charged with 100%, however maximum one full monthly fee.
(V) II. Meetings & Events
- The contracting party is obliged to inform the hotel about the final number of attendees and the required setting at least 4 working days prior to the beginning of the event. Should there be any changes to the setting or the services later than 4 days prior to the event, the hotel can to charge a service fee of CHF 100.
- A credit card must be provided as a guarantee. The amount according to the event offer is payable 10 days prior to the event. Any extras will be paid on site after the event. For weddings, a non-refundable prepayment of
50% must be made 30 days prior to the event. The payment of the remaining amount is due 1 day prior to the event.
- Cancellation policy for the organiser:
-Cancellation more than 10 days prior to the event: Reimbursement of 100%
- Cancellation more than 8 days prior to the event: Reimbursement of 20%
- Cancellation ab 7 Tage prior to the event: No reimbursement
- Absent an agreement to the contrary, drinks shall be invoiced based on actual consumption. Opened bottles will count as fully used.
- Reserved function rooms are only available to the contracting party within the timeframe arranged in writing.
- If the agreed start and end times for the event change without the hotel’s prior written approval, the hotel shall be entitled to levy additional charges for staff and the use of rooms and equipment. This shall not apply if the hotel is responsible for the change in timings.
- Should an event last longer than the normal opening hours of the restaurant, the hotel will charge an additional fee to cover the cost of the service staff.
- Costs arising in addition to the contractually agreed services – such as telephone and bar bills or additional meals and drinks – will be invoiced as per the billing arrangements defined in advance. If event participants fail to meet their personal costs, the contracting party shall be jointly and severally liable together with the event participants.
- The contracting party must acquire any licences needed for his/her event at his/her own expense and comply with the regulations which apply to his/her event under public law.
- The contracting party must contact the relevant authorities and pay any royalties arising from performances of music himself/herself.
- The contracting party may only use the hotel’s name and trademark to advertise his/her event with the hotel’s explicit permission.
- The contracting party may not bring own food and drink to events.
- Insofar as the hotel procures technical appliances or other equipment from third parties at the contracting party’s request, it is acting on the contracting party’s behalf and authority. The contracting party is responsible for treating the equipment carefully and returning it in an acceptable condition. The contracting party exempts the hotel from all third-party claims arising from the use of such equipment.
- The contracting party must seek the hotel’s written approval for the use of its own electronic equipment in conjunction with the hotel’s power supply. Any faults or damage caused to the hotel’s technical equipment by the use of such appliances are chargeable to the contracting party. The hotel may record electricity costs arising from such usage and invoice them at a flat rate.
- The contracting party is liable for ensuring that any decorations or other material supplied comply with the fire authority’s specifications. He/she must provide the hotel with official confirmation of this on request. The assembly and affixing of objects must be discussed with the hotel beforehand as this can potentially cause damage.
- Packaging, exhibition pieces and other items brought on site must be removed immediately following the event. If the contracting party fails to comply with this, the hotel shall be entitled to remove and store such items at the contracting party’s cost. If items are left in the function room, the hotel shall be entitled to charge for use of the room as per the contractual arrangements until they are removed.
- The contracting party is liable for all damage caused to buildings or fixtures and fittings caused by himself/herself, event participants and/or visitors, his/her staff or vicarious agents.
- If excessive dirt makes special cleaning or additional housekeeping necessary at the hotel’s discretion, the hotel will make the necessary arrangements and charge the additional expenses to the contracting party.
- The contracting party is responsible for ensuring that the number of people admitted does not exceed the relevant room’s capacity. The maximum guest numbers provided by the hotel must be observed. The contracting party is also responsible for complying with safety regulations (keeping emergency exits free, enforcing the smoking ban, etc.). The hotel accepts no liability in the case of non-compliance.
- The hotel can demand that adequate collateral is furnished by the contracting party.
(V) III. Rescission by the hotel/right to expel
- The hotel shall be entitled to terminate the contract if advance payment is not received, even after a reasonable extension has been granted by the hotel.
- Furthermore, the hotel shall be entitled to rescind the contract if this is objectively justifiable under the circumstances, for example if:
- acts of God or other circumstances beyond the hotel’s control make it impossible to perform the contract;
- the key details provided when events are booked are misleading or incorrect, e.g. the name of the contracting party or purpose;
- the hotel has reason to believe that the event could impair the hotel’s smooth business operations, safety or public reputation, without this being attributable to the hotel itself; ;
- the contracting party allows third parties to use the hired rooms without the hotel’s approval.
- The hotel is entitled to refuse a customer access to the hotel and accommodation if it is justifiably concerned on the customer’s arrival that he/she is under the influence of drugs or alcohol, or if he/she behaves aggressively visà-vis hotel staff or other guests. The hotel is entitled to expel a customer from the hotel and terminate the existing contract with him/her or the relevant contracting party without notice if the guest is repeatedly noisy, or if he/she bothers or insults other customers or hotel employees.
- The hotel shall be entitled to rescind the contract if it is justifiably concerned that the behaviour of a guest jeopardizes the smooth running of the hotel operation, the security or the image of the hotel. The hotel expressively reserves the right to sue the contracting party for damages.
- If the hotel exercises its right to rescind the contract or expel a guest, the contracting party or the customer affected shall have no right to claim damages from the hotel.
- Should the hotel unexpectedly not be able to provide the reserved hotel rooms, the hotel will organise an alternative hotel of similar category. In addition the hotel will bear the following incurred costs:
– Transport to the hotel of similar category
– Price difference to hotel of similar category
The hotel will not bear any other costs than mentioned above.
Should the hotel, according to rescission of contract III) 4., be entitled to claim for compensation, the hotel has the right to claim a lump-sum compensation.
IV. Contract cancellation / termination by contracting party
The contracting party can terminate the contract with the hotel only to the extent that this is agreed to in his contract in writing. Should the contracting party not terminate the contract within the contractually defined notice period, the contracting party shall have forfeited the right for termination upon the end of the notice period and the contract shall remain in full with the consequence that the contracting party will have to pay for the contractually agreed compensation, even if he/she has not made use of the requested services and products.
V. Deficiencies, liability limitations
- The hotel accepts no liability for the theft of or damage to materials and equipment brought into the hotel by the contracting party or third parties contracted or invited by him/her. Cash, securities and valuables can be stored in the hotel safe. The hotel recommends making use of this option.
- Furthermore, the hotel shall not accept liability for damage to any property belonging to the contracting party, his/her event participants/visitors, or his/her employees or vicarious agents, unless this was caused intentionally or by gross negligence on the part of the hotel. The hotel accepts no liability for consequential damage, however caused. This clause restricting and excluding liability applies to all claims for damages, regardless of their cause in law.
- The hotel shall be entitled to request evidence of valid and appropriate insurance at any point in time.
- The contracting party shall observe public order. The contracting party undertakes to indemnify the hotel and be liable in full in respect of all claims under private or public law filed by public authorities or third parties (including event attendees, guests or employees) based on events organised by the customer.
- The hotel is liable only for deliberate or grossly negligent contractual or non-contractual losses, and then only for direct losses. Any further liability of the hotel, in particular due to minor negligence, is explicitly excluded.
- The contracting party agrees that the hotel may enter the rental premises in his absence for the purpose of cleaning, technical maintenance, correcting deficiencies, etc. Such access shall not be deemed unlawful entry in accordance with Art. 186 of the Swiss Criminal Code.
- The hotel is entitled to charge late receivables, damage and missing fittings connected with this contract to the credit card registered at the time of the booking.
- Structural alterations to the rented accommodation are not permitted. In particular, it is not permitted to affix anything to the ceiling nor to cover ventilation apertures or fire detectors.
- The customer is not permitted to sublet the rented accommodation or pass it on to third parties. Furthermore, no commercial activities of any kind may be pursued in the rented accommodation.
- The hotel accepts no liability for losses that can arise from using the internet, caused e.g. by spam, viruses or connection outages. The customer is required to safeguard his own devices against malware in order to prevent spam or viruses infecting the hotel’s network. The hotel reserves the right to block users from accessing the internet. The hotel is furthermore required to store certain activities. The legally binding date protection guidelines apply.
- In principle, all claims against the hotel expire one year from the point at which the contracting party becomes aware of the circumstances that could establish a claim. Claims for damages expire five years after the point at which the contracting party becomes aware of the circumstances. These contractual limitations do not apply to claims arising from a deliberate or grossly negligent breach of duty by the hotel.
- Personal post is distributed by reception to customers. The hotel accepts no liability for missing post and does not forward any postmail after departure.
- The police or the medical emergency services must be contacted in the event of health emergencies or threats. Emergencies connected with the hotel’s technical facilities should be notified to reception. Depending on the urgency, repairs are carried out Monday to Friday between 8 a.m. and 6 p.m.
VI. Place of jurisdiction and applicable law; severability clause
- Any alterations or additions to the contract or these T&Cs shall only be valid if they are made in writing. Unilateral alterations or additions by the contracting party shall be null and void.
- The hotel premises form the place of performance and payment. Suppliers based abroad recognise Zurich 1 as the domicile for legal purposes.
- Zurich is the sole place of jurisdiction. The hotel is entitled to pursue or take action against suppliers in any other legally permissible place.
- Swiss law alone shall apply.
- The invalidity of one or more provisions of the present contract shall not affect the legal force of the remaining provisions. In this case, the invalid provision has to be replaced by another legally acceptable provision that comes closest to the intention of the original provision and the contract as a whole.
- These general terms and conditions may be subject to future amendments.
Zürich, October 2019
Hospitality Real Estate AG for ACASA Suites