General terms and conditions
These General Terms and Conditions (GTC) govern the legal relationship between the guest, hereinafter referred to as the Guest, and Engadin St. Moritz Mountains AG as the operator of the Romantik Hotel Muottas Muragl and ALL IN ONE HOTEL INN LODGE, hereinafter referred to as the Hotel. For the sake of simplicity, these GTC - regardless of which service - always refer to the contract. The terms and conditions of the hotel valid at the time of the conclusion of the contract shall apply exclusively. General Terms and Conditions of the Guest shall only apply if expressly agreed in writing prior to the signing of the contract. If individual provisions of these terms and conditions are invalid or ineffective, the validity of the contract and the remaining terms and conditions shall not be affected. For the rest, the legal provisions apply. For any kind of events, the "GTC Events" of Engadin St. Moritz Mountains AG apply. The GTC are also provided in English. The GTC in German are authoritative.
2. Place of jurisdiction / applicable law
For any disputes arising from this contract, (place) St. Moritz (Canton) Grisons is the place of jurisdiction, provided that no other legally binding jurisdiction exists. Swiss law is exclusively applicable for all contractual, reservation, possible additional agreements and general conditions. Place of performance and payment is the registered office of the hotel.
3. Definition of Groups:
Groups in the sense of these General Terms and Conditions are travel groups with a minimum number of 10 booked persons. Written confirmations: Fax and e-mail messages shall also be deemed to be written confirmations.
4. Subject matter of the contract / scope
The contract for the rental of rooms, seminar rooms, areas as well as the purchase of other supplies and services is concluded with the written confirmation of the guest or by implication. A reservation made on the day of arrival itself shall be binding at the moment of acceptance by the hotel. Contract amendments shall only become binding for the hotel upon written reconfirmation. Unilateral changes or additions to the contract by the guest are invalid. The subletting and reletting of the rooms provided as well as their use for purposes other than accommodation require the prior written consent of the hotel.
5. Scope of services
The scope of services of the contract is determined by the individually made and confirmed reservation of the guest. The guest has - subject to other contractual agreements - no right to a specific room. If, despite a confirmed reservation, no rooms are available in the hotel, the hotel must inform the guest in good time and offer an equivalent substitute in a nearby hotel of a comparable or higher category. Any additional expenses for the substitute accommodation shall be borne by the hotel. If the guest refuses the substitute room, the hotel shall immediately refund any services already rendered by the guest (e.g. deposits). The guest shall have no further claims.
6. Duration of use
Subject to other agreements, the guest has the right to use the rented rooms from 16 pm on the agreed arrival day until 11 am on the departure day. If the guest arrives after 22 pm, the hotel must be informed by the guest of the later arrival by telephone or in writing by 20 pm at the latest on the day of arrival, otherwise the hotel may freely dispose of the rooms. In the event of a late release of the room by the guest of 6 hours or more, the hotel may charge 100% of the full accommodation price (list price) for the use in excess of the contract. Contractual claims of the guest for proper further use of the space are not justified by this; the assertion of claims for damages remains reserved. In the event that the guest leaves the room late, the hotel reserves the right to remove the guest's belongings from the room and store them in a suitable place in the hotel for a fee.
7. Prices / Payment Obligation
The prices communicated by the hotel are in Swiss francs (CHF) and include the statutory value added tax, any visitor's tax and other charges. The guest is obligated to pay the agreed or applicable prices of the hotel for the provision of the room and the other services used by him. This also applies to orders from his companions and visitors. Any increase in statutory taxes after the conclusion of the contract shall be borne by the guest. Prices in foreign currencies are indicative and will be charged at the current exchange rate. Valid prices are those confirmed by the hotel. The prices can be changed by the hotel if the guest subsequently arranges changes in the number of booked rooms, the hotel's services or the guest's length of stay. Depending on the agreement or from a reservation amount of CHF 250, the hotel may require a deposit of 50% of the total booking amount. The deposit is to be understood as a partial payment on the agreed fee. The hotel may also require a credit card guarantee instead of a deposit. The deposit must be paid within 7 days after receiving the confirmation of the reservation. If the reservation is made at short notice, the hotel requires a credit card guarantee for the entire booking amount. If the advance payment is not made on time or the credit card guarantee is not provided, the hotel may withdraw from the contract (including all promises of performance) immediately (without a reminder) and demand the cancellation costs listed under Section 10 of these T&Cs. The final invoice shall include the agreed price plus any additional amounts that have arisen due to additional services of the hotel for the guest and/or the persons accompanying him. Unless otherwise agreed, the final invoice must be paid in Swiss francs in cash or by accepted credit card at the latest at check-out on the day of departure. The hotel may charge a reminder fee of CHF 15 for each reminder. The defense of set-off against claims of the hotel is excluded.
8. Cancellation by the hotel (special regulations in the booking confirmation have priority)
Up to and including 6 days / months prior to the agreed date of arrival of the guest, the hotel may withdraw from the contract without incurring any costs. Furthermore, the hotel is entitled to withdraw from the contract extraordinarily and with immediate effect at any time for objectively justified reasons by means of an immediate unilateral and written declaration.Objectively justified reasons include, for example:
▪ An agreed advance payment or security deposit is not made during the period set by the hotel.
▪ Force majeure or other circumstances for which the hotel is not responsible for, which make it objectively impossible to fulfill the contract.
▪ Rooms or rooms booked or used under misleading or false information, e.g. in the person of the guest or the purpose of use or stay.
▪ The hotel has reasonable cause to believe that the use of the agreed services may impair the smooth operation of the business, the safety of other hotel guests or the reputation of the hotel.
▪ The guest has become insolvent (bankruptcy or fruitless seizure) or he has stopped his payments.
▪ The purpose or reason for the stay is unlawful.
In the event of cancellation by the hotel for the aforementioned reasons, the guest shall not be entitled to any compensation and the compensation for the booked services shall remain owed in principle.
9. Cancellation of the reservation / cancellation fees
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 use contractual services. In the event of a no-show by the guest, at least 100% of the booked services will be charged. The date of receipt of the guest's written cancellation by the hotel is decisive for the calculation of the cancellation fee. This applies to letters as well as fax and e-mail messages. If the guest withdraws from the contract without an approved cancellation, or if changes or cancellations of certain reserved services are made, the hotel may charge the following cancellation fees.
b) Cancellation fees
Individual reservations summer season
▪ Up to and including 7 days prior to the agreed date of arrival, the guest may cancel the contract without incurring any costs.In the case of non-refundable offers (non-ref), the amount is due at the time of booking and will not be refunded.
▪ Written cancellation of the stay 7 days before the confirmed date of arrival will be charged at 100% according to the reservation confirmation, but a maximum of 3 nights will be charged.
▪ A premature departure and/or a later arrival will be treated as a "no-show" and 100 % will be charged according to the reservation confirmation.
▪ Except for specifically listed cancellation conditions as per our written booking confirmation, such as Christmas, New Year's Eve and other specific seasonal periods.
In case of a non-cancellable rate, it is not possible to withdraw from the contract, 100 % will be charged according to the reservation confirmation.
Individual reservations winter season
▪ Up to and with 14 days before the agreed date of arrival, the guest can withdraw from the contract without any cost consequence. For non-refundable offers (non-ref), the amount is due at the time of booking and will not be refunded.
▪ Written cancellation of the stay 13 to 10 days before the confirmed arrival date will be charged at 100% according to the reservation confirmation, but max. 3 days.
▪ A premature departure and/or a later arrival will be treated as a "no-show" and 100 % will be charged according to the reservation confirmation.
▪ Except for specifically listed cancellation conditions according to our written booking confirmation, such as Christmas, New Year's Eve and other specific seasonal periods.
▪ In case of a non-cancellable rate, it is not possible to withdraw from the contract, 100 % will be charged according to the reservation confirmation.
The cancellation fees below will be applied if more than 5 persons of a group (s.v. point 3) or 50% of the booked services are cancelled.
▪ Up to and including 28 days before the agreed date of arrival, the group reservation can be cancelled without any costs.
▪ Cancellation of the stay 27 to 14 days before the confirmed date of arrival: 50% according to the reservation confirmation.
▪ Cancellation of the stay 14 to 7 days before the confirmed date of arrival: 80% according to the reservation confirmation.
▪Cancellation of the stay 7 to 0 days before the confirmed date of arrival: 100% according to the reservation confirmation.
The hotel will endeavor to reallocate the services not used for cancelled individual and group reservations. If the hotel is able to provide the cancelled services to third parties within the agreed period, the guest's cancellation fee shall be reduced by the amount paid by these third parties for the cancelled service.
10. Impossible arrival
If the guest is unable to arrive on time or at all as a result of force majeure (flood, avalanche, earthquake, etc.), he shall not be obliged to pay the agreed fee for the missed days. The guest must prove the impossibility of arrival. However, the obligation to pay for the booked stay shall be revived from the moment of the possibility of arrival.
11. Early departure
If the guest departs early, the hotel is entitled to charge 100% of the total booked services. In the event of an early departure, the hotel will endeavor to reallocate the unused services. If the hotel is able to provide the unused services to third parties elsewhere in the agreed period, the guest's invoice amount shall be reduced by the amount paid by these third parties for the cancelled service.
12. Stay / Key / Security / Internet / Smoking
The hotel room is reserved exclusively for the registered guest. Leaving the room to a third person or its use by an additional person requires the (written) permission of the hotel. By entering into a contract, the guest acquires the right to the usual use of the rented rooms and the hotel's facilities by all booked persons, which are usually and without special conditions available to guests for use, and to the usual service. The guest shall exercise his/her rights in accordance with any hotel and/or guest policies (house rules).The room card/key provided by the hotel remains the property of the hotel and allows 24-hour access to the hotel. The loss of the card/key must be reported immediately to the reception. A damaged card will be charged with CHF 20 and the loss of the keycard with CHF 20 to the guest. For an access to internet, the guest must obtain his personal login data at the reception. This service is free of charge for all guests. The guest is responsible for the use of his login data. He is liable for misuse and illegal behavior while using the internet. Smoking is not allowed in the whole hotel.
13. Extension of the stay
Unless otherwise agreed, the guest has no right to have his stay extended. If the guest is unable to leave the hotel on the day of departure due to unforeseeable extraordinary circumstances/force majeure (e.g. extreme snowfall, floods, etc.) all departure options are blocked or unusable, the contract will be automatically extended for the duration of the impossibility of departure under the previous conditions.
14. Additional conditions for groups
Group rates are applicable only upon prior agreement and written confirmation by the hotel. For a group of less than 10 persons, the rates for individual travelers apply. The joint arrival and/or departure of groups must be notified to the hotel in writing 7 days prior to arrival. Only one total invoice will be issued to the tour guide, who is fully liable for this amount.The final number of people in the group (including list of names) of the group must be communicated to the hotel no later than 4 calendar days before the arrival of the group. If the group is smaller than originally registered, then the missing persons will be charged at 100% of the proportionally booked services. Additional persons will be counted and charged as individual travelers, subject to fulfillment. In the case of cancellation of a group reservation, the cancellation fees listed under point 10 apply.
15. Food and beverages
All beverages are to be purchased exclusively from the hotel. In special cases (specialties, etc.), a different written agreement may be made. In such a case, the hotel is entitled to charge a service fee or corkage fee (see separate list).
16. Handling of events
Insofar as the hotel procures technical and other equipment from third parties for the guest at the guest's instigation, it shall act on the guest's account. The guest shall be liable for the careful handling and proper return of the equipment. The hotel shall be indemnified by the guest against all claims of third parties arising from the provision of these facilities.The use of the guest's own electrical equipment and devices using the hotel's power supply system requires the prior written consent of the hotel. Any disruptions or damage to the hotel's technical equipment caused by the use of such equipment and devices shall be borne by the guest, unless the hotel itself is responsible for such disruptions or damage. The hotel may charge a flat rate for the electricity costs incurred by the use of the electrical equipment and devices. The guest is entitled, with the hotel's consent, to use his own telephone, fax and data transmission equipment. The hotel may charge connection fees (see separate list). Faults in technical or other equipment provided by the hotel shall be remedied as quickly as possible upon notification by the guest. Insofar as the hotel is not responsible for the disruptions, disruptions shall neither reduce claims for services nor give rise to liability. The guest shall obtain all official permits that may be necessary for the implementation of the event at his own expense. It is his responsibility to comply with the permits as well as all other regulations under public law in connection with the event. The guest shall be responsible for handling the formalities and settling accounts with the responsible institutions (e.g. SUISA) in connection with the performance of music and sound reinforcement.
17. Objects brought by the guest
Any exhibition or other items, including personal items, brought into the event rooms or onto the hotel premises shall be at the guest's risk. The hotel does not assume any duty of custody or safekeeping. The hotel assumes no liability for the loss, destruction or damage of the items brought in, except in the case of gross negligence or intent on the part of the hotel. The guest is responsible for the insurance of brought objects. Brought decoration material has to correspond to the fire police requirements. The hotel is entitled to demand official proof of this. Due to possible damage, the hotel must be consulted before setting up and attaching objects. The exhibits or other objects brought in must be removed immediately after the end of the event. The hotel may remove and/or store items left behind at the guest's expense. If the removal involves a disproportionately high effort, the hotel may leave the items in the event room and charge the guest the usual room rent for the duration of their stay. Packaging material (cardboard, crates, plastic, etc.) that accumulates in connection with the supply of the event by the guest or third parties must be disposed of by the guest. Should the guest leave packaging material at the hotel, the hotel is entitled to dispose of it at the guest's expense.
18. Actions, Use and Liability
a) Hotel: The hotel conditions away the liability towards the guest within the scope of the legal possibilities for slight and medium negligence and is only liable for damage caused intentionally or by gross negligence. In the event of disruptions or deficiencies in the hotel's services, the hotel will make every effort to remedy the situation upon immediate notification by the guest. If the guest fails to notify the hotel of a defect in a timely manner, the guest shall not be entitled to a reduction of the contractually agreed fee. The hotel is liable for the guest's belongings in accordance with the statutory provisions, i.e. up to the amount of CHF 1000. The hotel shall not be liable for slight and medium negligence. If valuables (jewelry, etc.), cash or securities are not handed over to the hotel for safekeeping, the hotel's liability is excluded to the extent permitted by law. The hotel recommends that money and valuables be kept in the safe at the reception desk. If the hotel is not notified of any damage immediately after it is discovered, the guest's claims shall be forfeited. The hotel is not liable under any legal title for services which it has merely arranged for the guest. The hotel declines any liability for theft and damage of the material brought in by third parties.
b) Guest: The guest shall be liable to the hotel for all damage and loss caused by him/her, companions or his/her assistants or event participants, without the hotel having to prove fault on the part of the guest.The guest shall be responsible for the proper use and return of all technical aids/equipment made available to him/her by the hotel or procured on its behalf via third parties, and shall be liable for damage and loss. The guest is liable for arranged services and expenses of the hotel towards third parties.
c) Third Party: If a third party makes the booking for the guest, he shall be liable to the hotel as the orderer together with the guest as joint and several debtors for all obligations arising from the contract. Irrespective of this, each ordering party is obligated to pass on to the guest all information relevant to the booking, in particular these General Terms and Conditions.
The bringing of animals is forbidden.
20. Lost property
Lost property will be forwarded in case of clear ownership and knowledge of the residential/business address. The costs and the risk for the forwarding are to be borne by the guest. Alternatively, after a 6-month storage period, the items will be handed over to the local lost and found office.
21. Data protection
Regarding data protection the regulations of Engadin St. Moritz Mountains AG apply.
22. Further regulations
If the guest requests services that are not provided by the hotel itself, the hotel acts merely as an agent. The statutory periods of limitation shall apply. Insofar as these can be modified, an absolute limitation period of 6 months after departure shall apply to the guest's claims for damages.Advertisements in the media (such as newspapers, radio, television, Internet) with reference to events at the hotel, with or without the use of the unchanged company logo, require the prior written consent of the hotel.
23. The best price guarantee
a) We guarantee the best price for reservations displayed through the official website of the hotel or company.
b) If within 24 hours of making your reservation at www.innlodge.ch, www.muottasmuragl.ch or www.mountains.ch you see an offer that is cheaper than the one you saw when making your reservation through our site, please write us an email with the relevant evidence. The offer must be for the same hotel, the same room category, the same number of people and the same travel dates.
c) The booking conditions that apply to the comparison offer must match the conditions of our offer, as well as the payment, advance booking, cancellation and withdrawal conditions. The offer you have found must be publicly viewable and reservable online.
d) The best price offer does not apply to:
i. Price offers from hidden sellers on internet sites or auction sites
ii. Offers published by the hotel service as part of a package, e.g.: "Golden Autumn", "Meedweek Special", etc.
iii. Offers that are not available to the public,e.g.: Offers that have been individually negotiated with Engadin St. Moritz Mountains AG.
iv. Price offers that have not been offered online.
v. Offers that are only available to members of certain groups or individuals, such as members of a hotel cooperation, associations, etc.
vi. Offers that cover a period of more than 10 days.
vii. Offers where a voucher is redeemed.
e) The comparison between the offer of Engadin St. Moritz Mountains AG (All In One Hotel Inn Lodge and Romantik Hotel Muottas Muragl) and the comparison offer is net without taxes, service surcharges and other fees related to the room rate.
f) The currency for the comparison must be in the same currency, ideally in Swiss francs. If a foreign currency is the basis, the official exchange rate of Engadin St. Moritz Mountains AG will be applied.
g) When reserving stays of several days, the average prices per night at Engadin St. Moritz Mountains AG and the provider of the comparison offer are calculated and compared.
h) The best price guarantee from Engadin St. Moritz Mountains AG does not apply in countries where it violates applicable law.
i) Engadin St. Moritz Mountains AG reserves the right to change the best price guarantee at any time or to remove it completely from the program.
24. Submit an application for the Best Price Guarantee
A request for the Best Price Guarantee must be submitted within 24 hours of the completion of the booking. Engadin St. Moritz Mountains AG will review your application within 24 hours on working days after submission. The request is informal and must be submitted by e-mail. For bookings at Romantik Hotel Muottas Muragl at email@example.com and for bookings at All In One Inn Lodge at firstname.lastname@example.org
St. Moritz, September 62021