General Terms and Conditions for Events
These General Terms and Conditions for Events (GTC Events) govern the legal relationship between the guest (hereinafter referred to as "Guest") and Engadin St. Moritz Mountains AG as operator of the catering establishments listed below. This is in connection with the rental of seminar, banquet and event premises (hereinafter referred to as "premises") as well as associated further services or deliveries to and for the customer or event organizer. It should be noted that in these GTC - in relation to all services - always refers to a contract. For accommodation, the general terms and conditions of the accommodation providers apply. The terms and conditions of Engadin St. Moritz Mountains AG valid at the time of conclusion of the contract apply exclusively. General terms and conditions of the guest are only applicable if this was expressly agreed in writing before signing the contract. Should individual provisions of these GTC be ineffective or invalid, the validity of the contract and the remaining GTC provisions shall not be affected. In all other respects, the statutory provisions shall apply. These terms and conditions apply exclusively to the Gastronomiebetriebe Mountains (hereinafter referred to as "GB Mountains"). Reservations for seminars, events or banquets fall within this scope. The general terms and conditions of the organizer/tenant do not apply. The GTC are also offered in English. The GTC in German are authoritative.
An offer/confirmation is clearly marked as such and must be signed by the customer and returned to GB Mountains. An offer is valid for 7 days (acceptance period). GB Mountains expressly reserves the right to put the premises back on sale during and after the offer acceptance period. In case of a new request, the second offer may contain deviations compared to the first offer.
Prices are individual depending on the venue and can be found in the offer/confirmation of the individual event. We reserve the right to change the prices. All prices are in Swiss Francs, net, including service and VAT. The prices confirmed in writing by GB Mountains are valid.
Invoices of Engadin St. Moritz Mountains AG without due date are payable within 10 days from receipt of the invoice without deduction. Engadin St. Moritz Mountains AG is entitled to declare accrued claims due at any time and to demand immediate payment. Engadin St. Moritz Mountains AG reserves the right to demand advance payment for events in accordance with the offer: Engadin St. Moritz Mountains AG is entitled to demand a reasonable advance payment or security deposit upon conclusion of the contract or thereafter. The amount of the advance payment and the payment dates will be announced with the offer.
If there are no separate advance payment conditions, the following rules apply:
- 50 % of the total costs up to 28 days before the event
- 100 % of the total costs until 7 days before the event
5. CANCELLATION CONDITIONS
Cancellations must be made in writing. The following cancellation conditions apply:
- Cancellation up to 28 days before the event free of charge
- Cancellation 28 to 14 days before the event 50% of the total costs
- Cancellation 14 to 3 days before the event 80 % of the total costs
- Cancellation 3 to 0 days before the event 100 % of the total costs
- No-Show 100 % of the total costs
GB Mountains reserves the right to show individual cancellation conditions on the offer. Deviations in the number of participants up to a maximum of 10% can be reported up to 48 hours before the event and are binding. If the actual number of persons on the day of the event is smaller, the definitely confirmed number of persons will be the basis for billing. The additional costs incurred due to the additional participants will be invoiced. The maximum room capacities set by the fire police may not be exceeded.
6. CANCELLATION ENGADIN ST. MORITZ MOUNTAINS AG
Up to and including 28 days before the agreed arrival date of the guest, GB Mountains can withdraw from the contract without any cost consequences. Furthermore GB Mountains is entitled to withdraw from the contract at any time for factually justified reasons by immediate unilateral and written declaration extraordinarily and with immediate effect. Objectively justified reasons are for example:
▪ an agreed advance payment or security deposit is not made during the period set by GB Mountains;
▪ force majeure or other circumstances beyond the control of GB Mountains, which make the fulfillment of the contract objectively impossible;
▪ 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 GB Mountains has reasonable grounds to believe that the use of the agreed services may affect the smooth operation of the business, the safety of other guests or the reputation of the GB Mountains;
▪ the guest has become insolvent (bankruptcy or seizure) or he has stopped his payments;
▪ the purpose or occasion of the stay is unlawful.
In case of withdrawal of GB Mountains due to the aforementioned reasons, the Guest is not entitled to any compensation. Moreover, the compensation for the booked services remains owed in principle.
7. DETAILED INFORMATION / PROCEDURE
For detailed arrangements, an appointment must be made in advance. In order to guarantee a smooth course of the event, all important details (e.g. equipment, menu selection, schedule, show interludes, etc.) are to be communicated to GB Mountains at least 10 days before the event. The agreed program times must be strictly adhered to by both parties.
8. ROOM USE
In exceptional cases, GB Mountains is entitled to make short-term changes to the room for events without notice. In any case GB Mountains reserves the right to provide a room corresponding to the number of participants and the event in case of reduced number of persons. Reception tables, advertising material, banners etc. may only be set up outside the rented premises in consultation with GB Mountains. If public areas are used as part of the event, this must be agreed with GB Mountains in advance. Smoking is prohibited in all buildings of Engadin St. Moritz Mountains AG.
9. MENU ADJUSTMENTS
GB Mountains reserves the right to make menu adjustments and vintage changes to wines.
10. TAP FEE
The organizer and his guests are not allowed to bring their own food and drinks to events. Exceptions require a written agreement with GB Mountains. If guests bring their own wines, spirits, cakes, etc., a tap fee to cover overhead costs will be billed along with the total amount. The amount will be specified in the event contract.
11. DECORATION / FLOWERS
The installation of decorations or other objects is subject to approval, including for fire prevention reasons. The organizer will be invoiced for any damage caused during the fixing of decorations, etc.
Normally, parking facilities are available in or near the venue. Unless otherwise agreed, the organizer or the individual participants shall bear the parking fees incurred.
13. TECHNICAL FACILITIES AND CONNECTIONS
Insofar as GB Mountains procures technical and other equipment from third parties for the Organizer at the Organizer's instigation, GB Mountains shall act in the name of, on behalf of and for the account of the Organizer. The organizer is liable for careful handling and proper return. He shall indemnify GB Mountains against all claims of third parties arising from the provision of these facilities. The use of the organizer's own electrical equipment using GB Mountains' power supply system requires the organizer's consent. Malfunctions or damages to the technical equipment caused by the use of these devices are at the expense of the organizer, as far as GB Mountains is not responsible for them. GB Mountains is allowed to record and charge the resulting electricity costs as a lump sum. Malfunctions of technical or other equipment provided by GB Mountains will be eliminated immediately if possible. Payments can not be withheld or reduced, as far as GB Mountains is not responsible for these disturbances.
14. FIRE REGULATIONS
The organizer commits himself to comply with the fire police regulations of GB Mountains, in particular to keep escape routes free, and guarantees that all materials brought in comply with the fire police regulations. The use of flammable items is strictly prohibited.
15. DELIVERY AND COLLECTION OF MATERIALS
Deliveries and pick-ups for events must be coordinated with GB Mountains and GB Mountains must be notified in writing well in advance, at least prior to their arrival. GB Mountains reserves the right to reject shipments without sender or valid addressee including indication of the event. Any resulting obligation or liability is rejected by GB Mountains. As storage space at GB Mountains is limited, GB Mountains may refuse to accept material prior to the day of the event. In case of shipment from abroad to Switzerland, customs duty & value added tax will always be charged in addition to the shipping costs. Should the shipping company not be able to provide the exact costs at the time of delivery, we reserve the right to charge a lump sum of CHF 150 on the organizer's invoice.
16.MUSICAL ENTERTAINMENT, CLOSING TIME, ADDITIONAL MOUNTAIN RAILROAD RIDES AND NIGHT SURCHARGE
For events with music, please note that music is only permitted at room volume after 23.00 hrs. DJs and bands are required to keep the bass reduced and to cover the floor under the instruments with a carpet for soundproofing. The maximum playing time is until 02.00. In case of disregarding the instructions, additional expenses will be charged to the organizer. Copyright compensation in connection with musical performances must be clarified by the organizer himself and will be at his expense. If an event lasts longer than the legally permitted police hour, a night surcharge must be paid. The extension of the closing hour must be notified to the venue at least 4 weeks before the event. The required police permit will be obtained by the venue and charged to the event organizer. Guests staying outside are requested to keep quiet. The instructions of the staff are to be followed. The organizer is liable for complaints and possible fines. For staff working on the event, a surcharge per hour will be invoiced from 23.00 hours onwards in accordance with the event contract. A separate quotation will be issued for rail travel outside of the public travel times. If the train is provided for longer than requested and contractually agreed, the actual service provided will be invoiced. Engadin St. Moritz Mountains AG decides on the possibility of carrying out extra trips. If an extra ride is not carried out (weather, technical malfunction, etc.) no claims can be made.
The "General Terms and Conditions of Accommodation" apply to the booking of guest rooms. In the case of events with overnight accommodations, the hotel shall receive a room list from the organizer no later than 14 days prior to the arrival of the hotel guests with the following information on the individual guests: first and last names / arrival and departure dates / payment conditions. In case of a contingent booking without a room list on the part of the organizer, the hotel rooms are to be booked directly by the guests and guaranteed individually by means of a valid credit card. After the deadline set by the hotels, the rooms still available in the respective contingent will be released for open sale. In any case, the organizer is liable for unpaid costs of the rooms booked by his guests and their consumptions (no-shows, etc.).
18.LIABILITY / DUTY OF CARE
The guest must use the provided rooms and materials with the utmost care. In any case, the organizer is responsible for any damage to property or loss. GB Mountains declines any liability for theft, damages and in relation to services of third parties. This is also valid for personal injuries, as far as they are not caused by employees of GB Mountains. GB Mountains is liable within the scope of the legal regulations.
In addition to the "GTC Events", further provisions and booking conditions may apply, which take precedence over the "GTC Events". Changes or additions to the accepted offer or these "GTC Events" must be made in writing. Unilateral changes or additions by the organizer are invalid. Place of performance and payment is Engadin St. Moritz Mountains AG. Swiss law applies with exclusive jurisdiction in Maloja. Should individual provisions of these "GTC Events" be or become invalid or void, this shall not affect the validity of the remaining provisions. In all other respects, the statutory provisions shall apply