1 Scope of application
1.1 These General Terms and Conditions (hereinafter "GTC") apply to the provision of accommodation services based on individual guest bookings (hereinafter "reservation") for a maximum of 9 rooms per booking as well as all services provided to guests and customers by Bürgenstock Hotels AG, Bürgenstock Bahn AG and Hammetschwand Lift AG (hereinafter jointly "Resort"). These GTC also apply to the purchase of vouchers and products in the online shop. All offers of the Resort are based on these GTC, which form an integral part of every reservation, service and sale of goods.
1.2 All room reservations involving 10 or more rooms for the same arrival and departure with the same date of stay are treated as group reservations and are subject to separate General Terms and Conditions for Group Reservations.
1.3 Should these GTCs contradict the contractual conditions of a guest, these GTCs shall take precedence.
2 Conclusion of contract
2.1 After the guest has made a reservation, he will receive a written confirmation from the resort. Only with this written confirmation from the resort is a contract concluded with the guest.
2.2 The attached terms and conditions, rate structure and inventory offered apply to individual corporate reservation requests and individual booking requests processed through the resort.
2.3 If the reservation is processed under a company ID, all guests travelling individually will be asked to present a valid company ID document and an official ID at check-in in order to prevent misuse by persons outside the company and business partners.
2.4 If a guest is unable to present a valid corporate ID document, the resort reserves the right to adjust the corporate rate programme to the lowest available rates at the time of booking
2.5 The corporate rate programme for companies is subject to availability and is agreed as non-last room availability. For excluded dates for special events in the vicinity of the Bürgenstock Resort and/or the city or region of Lucerne, the lowest available rate of the resort in which a booking of a certain room category was made applies.
3 Services, payments, prices and invoicing
3.1 The Resort shall provide the services requested by the guest and confirmed by the Resort by e-mail.
3.2 Unless otherwise agreed by e-mail or in writing, the guest does not acquire the right to be allocated a specific room within a room category.
3.3 Guests who cancel their stay earlier than planned will be charged an early departure fee. The fee is 100% of the cost of the originally booked and remaining stay.
3.4 Guests must be of legal age (18 years or older) and present a valid government-issued ID to reserve a room and check in.
3.5 If a guest does not arrive for the stay without prior notice, payment of the total amount shown on the original booking confirmation is still due.
3.6 The use of a parking space in the resort garage/car park is subject to the general terms and conditions and is subject to availability.
3.7 The resort offers a wake-up service. It wakes guests with due care. The success of the wake-up service cannot be guaranteed. The resort is not liable for unsuccessful wake-up calls and any resulting inconvenience or damage to guests.
3.8 Messages, mail and parcels for the guest are handled with due care. The Resort will receive, store and - if specifically requested - forward them for a fee. Any liability of the Resort in connection with messages, mail and parcels is excluded. In particular, the Resort shall not be liable for the timely delivery of messages, mail and parcels.
3.9 The guest is responsible for insuring belongings and other items brought in by the guest. By bringing in belongings and other items, the guest confirms that the belongings and other items brought in are adequately insured. The Resort may request proof of adequate insurance from the guest at any time. The Resort shall only be liable for damage to belongings and other items brought in in the event of wilful intent or gross negligence on the part of the Resort and only if the damage is caused by the Resort or an acting agent of the Resort if the damage occurs during the working hours of this person.
3.10 If valuables, large sums of money or securities are not handed over to the Resort for safekeeping by the guest, the Resort shall only be liable in the event of wilful intent or gross negligence on the part of the Resort. Liability for auxiliary persons is excluded. Any claim for damages by the guest shall be forfeited if the guest does not notify the Resort of the loss and damage immediately after it is discovered.
3.11 All prices are quoted in Swiss Francs (CHF) and include statutory value added tax (VAT). The room prices quoted do not include the cantonal visitor's tax, which is levied for the resort and the affiliated businesses. Should the statutory fees and charges as well as taxes have changed between the conclusion and fulfilment of the contract, the prices will be adjusted accordingly.
3.12 The resort expressly reserves the right to revise the prices within the agreed period.
3.13 All individual room reservations are subject to the payment terms of the rate program previously booked and confirmed by the Resort at the time of booking. If the guest does not provide a valid payment method for guarantee 24 hours after the time of booking, the Resort has the right to cancel the reservation without prior notice.
3.14 All room reservations are subject to various rate conditions and included services that are available for redemption during the guest's stay as per the original booking confirmations. If such services included in the rate program are not redeemed during the guest's stay in accordance with the original booking confirmation, these included services will not be credited for further stays or refunded in cash and will be forfeited without compensation.
3.15 All room reservations involving at least 5 rooms and up to 9 rooms for the same arrival and departure and the same dates of stay are considered as small group reservations and are subject to the following General Terms and Conditions.
3.16 A small group reservation requires a 50% deposit of the total amount of the stay within 24 hours of receipt of the reservation confirmation and can be cancelled free of charge up to 14 days before arrival. In the event of a noshow and/or cancellation less than 14 days before arrival, the total amount of the small group reservation is due. The resort may retain the deposit already paid and charge the outstanding balance for the rooms. The terms of payment for small group reservations also apply to individual reservations with a length of stay of more than 5 nights. Point 11 applies.
3.17 The guest undertakes to pay the agreed price, or the price normally charged by the resort for the hotel room and other services or goods. This also applies to goods and services purchased by guests/visitors of the guest (including ancillary services such as consumption, telephone calls, etc.).
3.18 If and insofar as no advance payment is requested by the resort, the full amount of the goods and services utilised shall be due for payment at the latest upon the guest's departure. Payments can be made either by credit card (e.g. MasterCard, VISA, American Express, Diners Club, JCB; Allipay, TWINT), debit card (e.g. EC/Maestro, Postcard) via a voucher issued by Bürgenstock Hotels AG or in cash using the foreign currency payment methods available at the resort.
3.19 During the check-in process, the guest is required to provide a valid payment method as a guarantee for the services mentioned under point 3.17. A flat rate of CHF 250 per night, in addition to the room rate for the stay, will be authorized on the credit card as a guarantee for any extras and consumptions during the stay. If the guest does not wish to provide a credit card, the guarantee amount must be paid in cash.
3.20 If the guest consumes more than the authorized or deposited guarantee amount at check-in, the resort reserves the right to automatically authorize a higher amount on the deposited credit card or inform the guest that the guarantee amount paid in cash needs to be increased.
3.21 If an increase in the guarantee amount on the credit card or in cash is not possible, the resort reserves the right, without prior notice, to revoke the guest's ability to charge services to the room at the resort’s points of sale.
3.22 Any guarantee amounts according to point 3.19 that are not used for payment by the resort at the time of departure will be released upon departure or refunded in cash. For credit card authorizations, this process may take up to 14 business days, depending on the guest’s credit card issuer, and is NOT within the resort's control or influence
3.23 A voucher cannot be used as a means of payment if no specific service has been provided by the resort in advance. A down payment with a voucher is also not possible.
3.24 If the parties have agreed payment against invoice in advance, the full invoice amount is due 10 days after the invoice date. In the event of default, the Resort is entitled to charge interest at the rate of 5% p.a. from the first day of default and reserves the right to cancel the booking at any time prior to the arrival date without prior notice.
4 Contract cancellation / termination by the resort
4.1 If advance payment has been agreed between the guest and the resort and the guest does not pay within a reasonable period of grace set by the resort, the Resort may, at its discretion, cancel the contract or request compensation for non-fulfilment of the contract.
4.2 The Resort is authorised to terminate the contract for good cause. This applies in particular to the following cases (non-exhaustive list):
• When booking a room, the guest provides misleading or false information regarding material facts, namely his/her person or the purpose of the hotel booking;
• The guest has not paid outstanding and due claims of the Resort;
• The guest has seriously violated the house rules;
• The Resort has good reason to believe that the Guest's use of the Resort's services or goods could adversely affect the smooth operation, safety or public reputation of the Resort.
4.3 In the event of justified cancellation of the contract by the Resort, the guest is not entitled to any compensation.
4.4 In the event of cancellation of the contract in accordance with Clause IV. 2) and 3), the guest must pay the agreed price for the contractually agreed services despite the cancellation of the contract.
4.5 The guest has no right of retention. Offsetting by the guest is excluded.
4.6 The Resort reserves the right to close the Hammetschwand Lift and the Bürgenstock Railway at its own discretion, for example in the event of force majeure, inspections or for other operational reasons.
4.7 In the event of planned cancellations, such as an inspection, a corresponding replacement service will be provided for the Bürgenstock Railway, for which the tickets purchased for the Bürgenstock Railway will remain valid.
4.8 Guests will not receive any compensation if the Bürgenstock Railway or the Hammetschwand Lift are not available or only available to a limited extent during their hotel stay. You can find out about the current availability of the Bürgenstock Railway and the Hammetschwand Lift here.
4.9 No food or drinks may be brought into the restaurants for consumption without the written authorization of the Resort. The Resort reserves the right to charge an equivalent fee for the use of crockery and service for food and drinks brought in.
5 Hotel room
5.1 Reserved hotel rooms can be occupied by the guest from 3 pm on the agreed day of arrival.
5.2 Hotel rooms must be vacated by the guest by 12 noon at the latest on the agreed day of departure. After this time, the Resort may apply surcharges for loss of use and subject to availability.
5.3 Guaranteed early check-in or late check-out are available under the following conditions and subject to availability:
• Check-in before 12pm 100 % charge of the daily room rate
• Check-in between 12pm and 3pm 50 % charge of the daily room rate
• Check-out between 12pm and 4pm 50 % charge of the daily room rate
• Check-out after 4pm 100 % charge of the daily room rate The resort reserves the right to assert further claims for damages.
5.4 Individual room reservations made by the guest are subject to the conditions of the booked room rate agreed at the time of booking. These conditions are dynamic and may include different features for the same program at different times. There is no entitlement to an adjustment of a room reservation booked and confirmed by the Resort due to a change in a rate condition, such as price or services included. The guest then has the option of making a new reservation at the current conditions and cancelling the existing reservation within the conditions. Cancellation fees may apply.
5.5 If the reserved hotel rooms cannot be made available, the Resort will endeavour to organise accommodation in a hotel of a similar category and comparable quality. In addition, the Resort will cover the following costs incurred in this connection:
• Transport from the Resort to the hotel of a similar category;
• Related phone calls
5.6 The Resort shall not assume any costs other than those mentioned above. The assumption of costs is limited to the difference between the booked daily price and the price offered by the replacement hotel. Consequently, the guest shall owe the Resort the agreed price for the entire stay, irrespective of the change of accommodation. The hotel of a similar category then settles the bill directly with the resort.
6 SPA
6.1 General information
6.1.1 The customer is authorised to enter and use the facilities of the Bürgenstock Alpine Spa and the Bürgenstock Waldhotel Spa within the applicable opening hours and subject to availability.
6.1.2 The customer must be at least 16 years old to use the spa facilities without adult supervision.
6.1.3 The Resort reserves the right to make changes to the services and opening hours. The Resort also reserves the right to close the spa facilities at its own discretion, for example in the event of force majeure, inspections or for other operational reasons.
6.1.4 Guests will not receive any compensation if the spa facilities are not available or only available to a limited extent during their hotel stay. In the event of closure of the spa facilities by the Resort, customers who have already purchased spa entry for the affected period will receive a voucher for use of the spa on another day.
6.1.5 A refund of the entrance fee or any other compensation for the customer as well as any liability of the Resort in connection with the closure of the spa facilities is excluded.
6.1.6 Before entering the spa, the customer must register at the reception desk of the Bürgenstock Alpine Spa or the Waldhotel Spa. The customer then receives a spa access wristband, which must be worn at all times. The wristband is non-transferable and remains the property of the resort. It must be returned to the spa reception at the end of the SPA visit.
6.1.7 Misconduct and misuse of the spa wristband, its transfer to third parties and/or individuals will be penalised with sanctions such as the exclusion of the customer from the spa facilities, without refund.
6.2 Liability
6.2.1 The customer or his legal representative is personally liable for all damage caused by improper use of the facilities and equipment of the Bürgenstock Alpine Spa and the Bürgenstock Waldhotel Spa. The Resort is not liable for self-inflicted damage caused by improper use of the Spa and Fitness facilities, their equipment and access areas or by personal medical conditions which the customer does not bring to the attention of the Bürgenstock Alpine Spa or Waldhotel Spa team in order to receive appropriate guidance and access authorization.
6.2.2 The Resort reserves the right to refuse the customer access to the spa facilities if they are not in a medically and physically fit condition.
6.2.3 The resort is only liable for damages resulting from the use of the spa if these damages are caused by an intentional or grossly negligent breach of duty by the Resort
6.2.4 In all other respects, all liability provisions pursuant to point 10 of these General Terms and Conditions shall apply.
6.3 House rules and SPA etiquette
6.3.1 The customer must comply with the house rules and spa etiquette and follow the instructions of the staff.
6.3.2 The current valid house rules and the current valid spa etiquette are available at the entrance to the spa and can be viewed by customers. The customer declares that he/she has been informed of the house rules and spa etiquette before entering the spa facilities and agrees to comply with these rules.
6.4 Cancellations and delays
Cancellations of spa services are free of charge up to 24 hours in advance. In the event of late cancellation or cancellation without prior notice, the full fees will be charged. In the event of a late cancellation, there is no reduction in the cost or extension of the services already booked.
6.5 Valuables
Lockers are available in the spa. The Resort accepts no responsibility or liability for unsecured valuables.
6.6 Mobile phones, photos and videos
To protect privacy, the use of video and photo cameras in the spa area is only permitted with the consent of the Resort and at certain times.
7 Vouchers
In addition to these General Terms and Conditions, the following conditions apply to all vouchers from the Resort:
7.1 Redemption of vouchers
In the case of vouchers, please note that these are sent to the customer by the Resort with a tamper-proof code. As the customer can print out the voucher themselves, several prints are possible, but only one print is relevant in terms of value and can be redeemed. The first voucher redeemed with the corresponding code is regarded as the original and must be debited by the resort immediately after redemption. Should further vouchers with the same code appear, this constitutes misuse, which may result in criminal prosecution. There is no
entitlement to fulfilment and/or delivery or to compensation from the resort if a voucher code that has already been redeemed is used. If the person intends to redeem a voucher, he/she is obliged to inform the employee immediately upon arrival at the resort and before redeeming the service that a voucher will be used for payment. Only in this way is it possible for the Resort to check the validity of the voucher in advance. Should it subsequently transpire that the voucher is not valid as described above, the person is obliged to pay for all services consumed on site and with another valid means of payment.
7.2 Transferability of vouchers
As a voucher can be passed on or given as a gift, there is no obligation or possibility for the Resort to check the authorization received by the person redeeming the voucher. In principle, only the existing or available value of the voucher will be checked and, if necessary, redeemed.
7.3
Validity of vouchers
• The vouchers are generally valid for 2 years (see date and period of validity on the voucher). After this period has expired, the Resort is no longer obliged to accept them.
• Lost vouchers will not be replaced.
• Vouchers cannot be returned for cash value. If the value of the voucher is more than the service consumed, the Resort is prepared to credit the remaining voucher balance in full for further visits or consumptions. In such a case, there is no entitlement to the remaining payment of the outstanding voucher amount in cash.
• The Resort is not obliged to accept unpaid vouchers as a means of payment.
• For operational reasons, the services listed in the voucher can only be provided or guaranteed by the Resort if a corresponding and timely reservation has been made. This applies in particular to vouchers in connection with overnight stays and vouchers for groups.
7.4
Performance of vouchers
The service described in the voucher may vary slightly depending on the circumstances but must not represent a relevant reduction in value for the guest. However, if the service is offered at a higher price at the time the voucher is redeemed, the additional charge must be paid, provided that the purchase date of
the voucher is more than 24 months before the redemption date. The vouchers can only be redeemed for consumption at the Resort and cannot be used for services provided by third-party partners. Should the Resort have to close or give up for any reason, the vouchers will expire without compensation. This is also the case if the business demonstrably changes ownership. In such a case, no recourse can be taken to the Resort as the original issuer of the vouchers.
7.5 Payment of the vouchers
Payments can be made either by credit card (e.g. MasterCard, VISA, American Express, Diners Club, JCB), debit card (e.g. EC/Maestro, Postcard) or in cash. If payment is made by credit card, the amount will be charged immediately to the selected credit card. Invoices from the Resort are due immediately and payable without any deductions. From the 30th day after the invoice date, the Resort is entitled to charge interest on arrears at a rate of 5%.
A voucher cannot be used as a means of payment if no specific service has been provided by the Resort in advance. Likewise, advance payments with a voucher are not possible.
7.6
Right of cancellation
There is no right of cancellation for vouchers that are paid for online and printed out.
7.7
Defects in voucher purchases
Complaints regarding the scope of delivery, material defects, incorrect deliveries and quantity deviations must be made in writing immediately, but at the latest within one week of receipt of the goods or vouchers, insofar as these can be determined by reasonable inspection. In the event of justified complaints, the Resort shall correct the faulty delivery free of charge and otherwise, subject to exclusion, at its discretion exchange the vouchers, take them back or grant the purchaser a price reduction. If, in the event of the exchange of a voucher, the replacement delivery is also defective, the purchaser shall be entitled to cancellation or reduction.
8 Force majeure
8.1 Neither party shall be deemed to be in breach of contract to the extent that the fulfilment of their respective contractual obligations is prevented or significantly impeded by a force majeure event. For the purposes of this provision, the term "force majeure" shall include any cause and/or event not caused by or under the control of the guest, including but not limited to: fire, flood, hurricane, earthquake, volcanic eruption, strike, explosion, riot, war, terrorism, (military) coup, snow slide/avalanche, pandemic/epidemic (e.g. Covid-19) or any health situation as well as any decision by the Swiss authorities.
8.2 In the event of a force majeure situation, the guest cannot claim compensation and/or loss of profit. In this case, the parties agree to postpone the hotel stay to a new date subject to the resort's availability within 12 months of the date on which the force majeure ended.
8.3 Each party is obliged to notify the other party of the occurrence and termination of a case of force majeure within three days. The period in which the hotel stay can be made up after the end of the force majeure begins on the day following the notification of the end of the force majeure.
8.4 If the hotel stay is not made up by the guest within 12 months of receipt of the notification of the termination of the force majeure, the guest's entitlement to the services shall lapse. However, the guest remains obliged to pay the agreed price to the resort.
8.5 If the resort is unable to offer the guest an alternative date within the aforementioned period of twelve months, the period for making up the hotel stay shall be extended by a further six months.
8.6 Upon request, the Resort shall grant the guest an extension of the 12-month period to make up for the hotel stay by 6 months if the guest submits a corresponding request to the Resort within the 12-month period. If the hotel stay is not made up by the guest within the extension period granted by the Resort, the guest's entitlement to the services shall lapse. However, the guest remains obliged to pay the agreed price to the Resort.
8.7 In the above-mentioned case, the guest receives a voucher that can be redeemed for future stays or other services at the Resort.
8.8 The Resort reserves the right to adjust prices according to capacity utilisation, availability and season. The guest is therefore not entitled to the originally booked price, neither of a service nor of a product.
9 Safety regulations
9.1 The guest agrees to comply with all fire safety regulations of the Bürgenstock Resort, in particular regarding keeping escape routes clear, compliance with the smoking ban, etc. If the guest brings decoration materials, these must comply with the official fire safety regulations.
9.2 The guest must ensure that no extra people have access to the booked room types that are permitted under the Resort's rules and regulations. If the maximum permitted number of persons for the booked room types is exceeded, guests are obliged to book the corresponding number of additional rooms until the maximum permitted number of persons for the booked room types is complied with. The Resort is not obliged to accept the bookings. Guests who do not book additional rooms despite exceeding the maximum permitted number of persons may be expelled from the hotel by the Resort, whereby the guests are still obliged to pay for the booked rooms.
9.3 The maximum number of persons specified by the resort is binding. In the event of a breach of these regulations, the resort accepts no liability whatsoever.
9.4 The attachment of decorative materials or other objects to walls, doors and ceilings always requires the prior written consent of the resort. The guest is liable for any damage, including subsequent damage, incurred by the Bürgenstock Resort through the use of these materials.
10 Liability, defects, limitation period
10.1 The guest or their legal representative shall be liable to the Resort for all damage, loss or other impairment caused by themselves, their employees, their authorised representatives or event participants or other third parties.
10.2 The resort declines all liability for theft and damage to property caused by a guest or a third party.
10.3 All claims for damages by the guest against the resort are excluded to the extent permitted by law.
10.4 Damages and/or losses due to death, bodily injury or impairment of health as well as other direct damages and/or losses can only be claimed by the guest if these damages were caused by an intentional or grossly negligent breach of duty by the Resort. Any further liability, in particular for slight or medium negligence or for indirect damage, including loss of profit and compensation for indirect loss and/or damage, is expressly excluded.
10.5 The guest undertakes to inform the Resort promptly of the possibility of exceptionally high damages.
10.6 In the event of defects in the services provided by the Resort, the Resort shall endeavour to remedy the defect as soon as it becomes apparent or as soon as such a defect is reported by a guest.
10.7 The guest's complaint must be made immediately after the defect is discovered, otherwise all warranty rights are forfeited. The guest undertakes to take all reasonable measures to rectify the defect and minimise any potential damage.
10.8 In deviation from the limitation periods of the Swiss Code of Obligations, the relative limitation period for non-contractual and quasi-contractual claims is 1 year and the absolute limitation period is 5 years.
10.9 The statutory provisions shall apply with regard to the limitation period for contractual claims.
10.10 The guest is obliged to maintain and comply with public order.
10.11 The guest undertakes to indemnify and hold the resort harmless against any civil and public law claims asserted against the Resort by authorities or third parties and to bear in full any costs incurred by the Resort in this connection (including lost profits and legal fees).
10.12 If external services are arranged, the Resort accepts no liability for the service ordered by the guest and provided by the service provider. The Resort accepts no liability for auxiliary persons. All claims for damages are to be made to the service provider.
10.13 The loss and/or discovery of items must be reported by the owner to lost.found@burgenstockresort.com immediately after becoming aware of the loss. Lost and/or found items will be kept by the resort for 12 months from the date of discovery. After this period, valuables such as jewellery and watches with a current value of more than CHF 500 will be handed over to a lost property office. All other (valuable) items will be disposed of after this period and will no longer be kept at the Resort. The Resort accepts no liability for lost items (loss due to carelessness and theft). The Resort will not proactively contact the presumed owner if an item is found.
11 Copyright
11.1 The use of logos/images of the Resort by the guest in any form requires the prior written authorisation of the Resort. If said logos/pictures are published without such authorisation, the Resort may withdraw from the contract. The guest is liable for all damages incurred by the Bürgenstock Resort through the use of these logos/images.
12 Data protection
12.1 The current version of the privacy policy applies. The Resort is authorised to amend the privacy policy at any time.
13 Applicable law and place of jurisdiction; severability clause
13.1 All contracts between the Resort and the guest are subject to Swiss ubstantive law to the exclusion of the Vienna Sales Convention. The ordinary courts of the Canton of Nidwalden shall have exclusive jurisdiction over all disputes between the Resort and the guest arising from these contracts.
13.2 Should one or more provisions of these GTC be invalid, the remaining contractual provisions shall remain unaffected. In this case, the invalid provision shall be replaced by a provision that comes closest to the purpose of the invalid provision and the contract as a whole.
Obbürgen, 26.08.2024
