1.1 Definitions.In these General Terms and Conditions, the following terms shall have themeanings set forth below:
Client: the person who purchases a Service.
Confirmation: the Hotel's acceptance of any Service purchased by a Client.
Contract: any contract between the Hotel and the Client in accordance with these General Termsand Conditions.
General Terms and Conditions: these General Terms and Conditions in their version in force.
Hotel: Villars Palace Hotels and Academy SA, Route des Hôtels 28, 1884Villars-sur-Ollon, Switzerland, entered in the Commercial Register of theCanton of Vaud under no. IDE CHE-199.011.214, as well as all the entities itowns, controls or manages, including the hotels known collectively as ”VillarsAlpine Resort”, i.e. the “Villars Palace”, the “Hotel & Residence Victoria”and the “Villars Lodge”.
Law and Standards: industrial or commercial law, ordinance, regulation, code or standard.
Order: the order placed by a Client to purchase a Service in accordance with theseGeneral Terms and Conditions.
Parties: the Client and the Hotel, as well as their respective authorised assigns andsuccessors.
Price: the price to be paid for the Services.
Section: a section of these General Terms and Conditions.
Services: the services developed and/or offered by the Hotel and purchased by the Clientunder a Contract, i.e. principally the provision of guest rooms and/orconference and banquet rooms, as well as other services and facilities inherentto a hotel establishment. A description of the Service shall be set out in theConfirmation.
Website: website accessible by the URL ww.var.ch. For the purposes of the General Termsand Conditions, the term ”Website” describes the internet platform and anyrelated application without distinction.
1.2 These General Terms and Conditions shall govern the proposal, purchase and provision of Services that the Hotel offers to its Clients as well as any ancillary services that may be provided by the Hotel in connection with the Services.
1. The GeneralTerms and Conditions shall apply to the contractual relationship between theClient and the Hotel for all Services offered by the Hotel and/or purchased bythe Client. By contracting on the basis of these General Terms and Conditions,theClient agrees to their applicability to the exclusion of any otherprovision(s) (except as otherwise provided in Section 2.3 orotherwise agreed in writing between the Parties).
1.3 The Hotelreserves the right to amend these General Terms and Conditions at any time. TheGeneral Terms and Conditions shall apply in the version in force at the time ofthe Order in question. The latest version of the General Terms and Conditionsis published on the Website. It is the Client's responsibility to consult theWebsite before placing the Order.
1.4 The General Terms and Conditions shall replace and apply in priority to all other oral or written terms, communications, agreements and understandings between the Parties relating to the proposal, purchase and provision of the Services. The Hotel’s failure to oppose terms and conditions that may be mentioned by the Client may under no circumstances be interpreted as an acceptance of such terms and conditions, unless otherwise expressly agreed in writing by the Hotel.
2.1 Unless otherwise stated by the Hotel, offers made by the Hotel on the Website, information published online and other communications made by the Hotel are provided for information purposes only.
2.2 The Client shall purchase the Services by placing and confirming his/her Order on the Website or by telephone, email or postal mail addressed to the Hotel. Orders are subject to the Hotel’s Confirmation. The Hotel's failure to respond to an Order cannot be considered a Confirmation. An Order may be rejected or accepted, in whole or in part, at the sole discretion of the Hotel. If the content of a Confirmation differs from the Order itself, the Client must react immediately, failing which the terms and conditions set out in the Confirmation will be deemed accepted. Once the Confirmation is received by the Client, the Contract is entered into and binding on the Parties, except in the event the Hotel requires a reconfirmation from the Client within a certain time period (in particular if the initial offer comes from the Hotel); in this case the Contract is entered into and binding on the Parties as soon as the Client has reconfirmed within such time period. Until the time of the Confirmation or reconfirmation, the Hotel has the option to withdraw from the offer (where applicable) or require reconfirmation within a shorter period of time.
2.3 The Contract is made up of the following documents, classified by priority: (i) the Confirmation (including the documents to which it refers, if any), (ii) the Order, and (iii) the General Terms and Conditions. In case of any discrepancy between the provisions set out in the above-mentioned documents, the provision contained in the document of highest priority shall prevail.
2.4 In principle, if the Client orders certain Services in error and receives a Confirmation there of, the Client shall remain obligated to honour the Contract. However, the Hotel may, at its sole discretion, accept the cancellation or modification of an Order in writing if the statement of Services so permits. Where applicable, the Client shall be exclusively liable for the costs resulting from cancelling or modifying the Order.
3.1 The Price to be paid for the Services is indicated in the Confirmation; however, a change in this regard by the Hotel remains reserved until payment is made. Prices are understood to be in Swiss francs with VAT included, unless otherwise specified. If the Hotel grants a discount to the Client, such discount shall only apply to those Services specifically mentioned in the Confirmation.
3.2 The Hotel may at any time require payment of an appropriate advance payment on the Price. The amount of the advance payment and the payment deadline are mentioned in the Confirmation. If the Client does not pay the advance payment within the prescribed time limit, the Hotel may withdraw from the Contract (possibly after setting an additional time limit). The Client shall be liable to the Hotel for any resulting damages.
3.3 If no advance payment has been requested by the Hotel, the Price must be paid in full by no later than the Client’s time of departure (last day of the stay with the establishment), by credit card or in cash. Should the Hotel agree to be paid on an invoice, the Price shall be paid within the time stated on the invoice, with any delay resulting in automatic default by the Client and default interest of 5% p.a., with the specification that the Hotel does not send any invoices outside of Switzerland. In the event of a billing address outside Switzerland, the Hotel may require 100% prepayment or a credit card authorisation.
3.4 Any right on the part of the Client to with hold payment of the Price or to offset amounts due with claims against the Hotel is expressly excluded.
4.1 The Client undertakes to pay the Price and to comply (as is any person benefiting from the Services) with all Laws and Standards applicable in connection with using the Services. In particular, the Client and persons benefiting from the Services are required to comply with noise and order regulations and undertake to hold the Hotel entirely harmless for any liability in this regard and to assume any claim from the authorities or third parties arising from the use of the Services. The Client shall be exclusively and entirely liable for any violation or consequences resulting from non-compliance with Laws and Standards.
4.2 The Hotel undertakes to provide the Services professionally and in accordance with the standards in force in its sector. The Client may not demand that a specific room be made available, but the Hotel undertakes to offer him/her a guest room of the category reserved, or, failing that, a higher-category guest room or asimilar-category guest room to that reserved with another Villars Alpine Resort establishment. The Client agrees that the Hotel may, at its sole discretion,use third-party services. In the event of a breach of the Hotel's obligation to provide the Services, the Parties agree that the only remedy available under the Contract shall be the Hotel's repeated performance of that portion of the Services resulting in the breach. In the event the Hotel is unable, in its own opinion, to repeat the performance of such Services, the Parties agree that the only available remedy for the Client is to demand reimbursement from the Hotel of the Price paid for the Services or the relevant portion there of.
5.1 If the Hotel is unable to provide the Services in whole or in part for any reason beyond its control, the Hotel may unilaterally terminate all or part (not performed) of the Contract with immediate effect at its sole discretion, in which case the Client may not claim any compensation in this respect. The Hotel may do the same if it has objective reasons to believe that the Services would risk endangering its operation, security or public image, or if the Client violates applicable Laws and Standards.
5.2 In particular, the following shall be considered reasons beyond the Hotel's control that justify immediate withdrawal without compensation to the Client:
- failure to make an advance payment or to provide a guarantee within the time limit set by the Hotel;
- force majeure or any other circumstance objectively making it impossible to perform the Contract;
- reserving or using a guest room or event room under a false or misleading pretence, for example regarding the identity of the Client, why the room is being used, or the purpose of the stay;
- the Client's insolvency (bankruptcy or unsuccessful attachment) or suspension of payment;
- illegal purpose of or reason for the stay.
5.3 In the event of termination for a reason mentioned in Section5.2,the Client shall remain liable for the agreed Price.
5.4 Unless otherwise agreed by the Hotel and without prejudice to Sections 7.5 and 8.11, the Client may unilaterally terminate the Contract without being subject to compensation to the Hotel only in the case of a force majeure event affecting all persons entitled to the Services.
6.1 The Hotel is liable only for direct losses caused intentionally or through gross negligence to the Client, persons benefiting from the Services or their belongings. The Hotel is under no circumstances liable for external services that the Client uses.
6.2 In addition,THE HOTEL WILL NOT INDEMNIFY THE CLIENT, PERSONS BENEFITING FROM THE SERVICES, THEIR SUCCESSORS OR ANY OTHER PERSON OR ENTITY, AND WILL NOT BE HELD LIABLE FOR ANY CLAIM, DAMAGE (INCLUDING INDIRECT LOSS SUCH AS LOSS OF PROFIT) OR LOSS ARISING FROM ANY SERVICE PROVIDED OR PERFORMED BY THE HOTEL.
6.3 The Client shall be liable to the Hotel for any damage, loss and other harm caused by the Client or by persons benefiting from the Services. The Hotel accepts no liability in case of theft or damage to objects brought by/belonging to the Client (or to persons benefiting from the Services). It is the Client's responsibility to take out insurance relating to the loss, theft or damage of such items; the Hotel may require proof of the Client's sufficient insurance coverage at any time.
7.1 Arrival and departure. The guest rooms of the Hotel are available from 3:00 p.m. on the day of arrival and must be vacated by 12:00p.m. on the day of departure. Depending on the reservation situation, a late check-out may be granted. In that case, an additional amount equal to(i) 50% of the guest room price for one night shall be invoiced for a check-out up to 6:00 p.m., or (ii) the full guest room price for one night for a check-out after 6:00 p.m. When it is necessary to guarantee that the room will be vacated before 3:00 p.m., a late check-out cannot be granted and the Client will be charged the full guest room price for one additional night.
7.2 Tourist tax. A tourist tax of CHF 3.80 per adult and CHF 1.90 per child shall be charged per night in addition to the Price.
7.3 Additional services. People not staying at the Hotel can purchase breakfast for CHF 55.- per person per day. If the Client orders room service or transfer of a group's luggage, an amount of CHF 7.00 per guest room will be charged in addition to the Price.
7.4 Groups. If reservations are made for 10 guest rooms or more (group), the Client must provide the Hotel with a list of participants no later than 14 days before the arrival date. The list must contain: (i) first and last names of the guests as well as date of birth and passport number (foreign guests only); (ii) guest check-in and check-out times, (iii) payment terms (if not already provided inthe Confirmation) and billing addresses (where applicable; see Section 3.3),and (iv) the list of guest rooms or, otherwise confirmation stating that guestrooms have been reserved directly by the guests and secured by credit card. Should the Client fail to provide this information within the above-mentioned period, guest rooms still available for the group shall be made available for resale by the Hotel.
7.5 Cancellation. The Hotel must be informed in writing as soon as possible of any cancellation of a guest room reservation. The Hotel must receive cancellations of individual guest room reservations no later than12:00 p.m. on the day of arrival, failing which the full guest-room price for one night will be charged; cancellation costs are stated in the Confirmation. Cancellations of reservations for 10 or more rooms (groups) will result in the following:
- up to 61 days before arrival, 100% of the nights reserved may be cancelled without charge;
- up to 31 days before arrival, 20% of the nights reserved may be cancelled without charge (with the balance payable in full);
- up to 15 days before arrival, 10% of the nights reserved may be cancelled without charge (with the balance payable in full);
- in the event of cancellation less than 15 days before arrival, full cancellation fees apply. In the event of a no-show or early departure, the Hotel may charge the full Price.
8.1 Eventrooms. The Hotel may make changes to event rooms at any time as long as such changes satisfactorily meet the Client’s requirements. The Client must obtain the Hotel’s prior written authorisation to sublet, transfer to a third party or otherwise reassign rental of an event room. Unless otherwise agreed, the Client is solely responsible for obtaining any permits needed to conduct the events and for related costs; the same may be true of any copyrights relating to the public broadcasting of music.
8.2 Information to be submitted. The Hotel must receive all the important information regarding the sequence of the event (choice of menus and wines; requirements for chairs, tables and decorations; technical accessories needed; set up and removal requirements, etc.) no later than 15 days before the event. The Client must also provide a sequential schedule to the Hotel no later than 10 days before the event.
8.3 Participants. The Client must notify the Hotel as soon as possible of the final number(guaranteed number) of participants. Any reduction in this number will result in the following:
- up to 15 days before the event, the number of participants may be reduced free of charge;
- up to 7 days before the event, the Client may reduce the participant number by 10% free of charge; the Client shall incur related cancellation costs for the proportion exceeding 10%;
- if the participant number is reduced less than 7 days before the event, the cancellation costs set out in the Confirmation shall apply. If the actual number of participants exceeds the final number (guaranteed number), the Hotel is not required to accommodate all the participants; the additional costs incurred will be payable by the Client.
8.4 Cloakroom (Villars Palace only). For an event at the “Villars Palace”, an attended cloakroom must be provided to the Client for a lump-sum amount of CHF 45.00 per hour.
8.5 Food and beverages. Unless otherwise agreed, the Client is required to purchase all food and beverage items consumed in connection with the event at the Hotel; a corkage fee may be agreed between the Parties if the Client supplies his/her own food or beverages.
8.6 Auxiliary materials and facilities. The Client holds the Hotel harmless and is responsible for (i) the proper use and return of all technical materials and facilities made available by the Hotel or purchased from third parties at the Client's request, and (ii) any damage or loss caused there to. The Client must obtain the Hotel's prior written consent to affix decoration materials or other objects to walls, doors and ceilings; the Client is fully liable for any damages resulting there from (whether authorised or not).
8.7 Extension of the Services. The Client will be billed a fixed charge for any event that extends beyond midnight during the week and1:00 a.m. on weekends as follows:
- up to 50 participants, CHF 45.00 per hour per server, and CHF 60.00 per service supervisor;
- 50 to 149 participants, CHF 450.00 per hour;
- 150 to 199 participants, CHF 550.00 per hour;
- From 200 participants, CHF 600.00 per hour;
- more than 201 participants, CHF 800.00 per hour.
In case of such an extension, the Client shall also be required to obtain a special permit from the competent authorities.
8.8 Night-time quiet hours. As a courtesy to Hotel occupants, the Client undertakes to respect the quiet hours and order of the premises; music and dancing are permitted until midnight, and set-up and dismantling work must be done without causing any particular noise or postponed to the next day if the Hotel so requests.
8.9 Printed matter and media. The Client must obtain the Hotel's prior written consent to use the logos/photos of the Hotel in any form. In the absence of such consent, the Hotel may terminate the Contract in accordance with Sections 5.1 to 5.3.
8.10 Rules and regulations. The Client undertakes to comply with the Hotel's fire policy regulations, in particular with respect to providing free access to emergency exits, prohibiting smoking, etc. Decoration material provided/ordered by the Client must comply with fire safety regulations. The Client is responsible for ensuring that the number of participants does not exceed the capacity of the room in question (as determined by the Hotel and/or competent authorities). The Hotel may under no circumstances be held liable for any damage or loss resulting from failure to comply with this Section.
8.11 Cancellation. The Hotel must receive written notice of partial or full cancellation of any event-related reservation as soon as possible. Such cancellation shall have the following consequences :
- up to 61 days before the event, the Client may cancel free of charge;
- up to 31 days before the event, 100% of the event room rental(s) and 25% of expected sales (not including beverages) will be billed to the Client;
- up to 15 days before the event, 100% of the event room rental(s) and 50% of expected sales (not including beverages) will be billed to the Client;
- in case of cancellation less than 15 days before arrival, 100% of the event room rental(s)and 100% of expected sales (not including beverages) will be billed to the Client.
In addition to the fore going, the Client must pay in full for any services provided in advance by the Hotel.
8.12 Invoicing. Where applicable, the Client and the participants shall be jointly and severally liable for all invoices issued for the event, including for Services provided to participants upon their request. The Client must notify the Hotel prior to the event of any special invoicing or cost allocation required.
9.1 The Hotel processes the personal data collected and used in connection with the Services in accordance with applicable laws, in particular the Swiss Federal Act on Data Protection (FADP).
9.2 The Company may collect and use the Client's anonymised personal data for purposes other than the Services.
10.1 Non-assignability. Neither Party may assign its rights or obligations under the Contract without the prior written consent of the other Party. However, where necessary, the Hotel may assign such rights and obligations to any of its affiliates or to a third party that acquires all or a substantial part of its assets.
10.2 Communications. Unless otherwise expressly provided by the General Terms and Conditions, any communication required or authorised by either Party to the other Party under the Contract must be in writing and sent to the other Party (i) by registered mail to the address of its domicile, registered office, principal place of business or any other address it specifies, or (ii) by email to the contact address mentioned on the Website or provided by the Client.
10.3 Severability. Any provision of these General Terms and Conditions or the Contract that conflicts in whole or in part with applicable mandatory law shall be severable; and any invalid provision, in whole or in part, shall not affect the validity of the remainder of such provision or of any other provision of these Genera lTerms and Conditions or the Contract. If any provision of these General Terms and Conditions or the Contract is ineffective in whole or in part, the Parties shall replace it with a provision that has economic and legal effects that areas close as possible to those of the invalid provision.
10.4 Waiver. The waiver by the Hotel of any requirement to comply with a provision of the Contract shall not be construed as a general waiver of the Hotel's right to actor to require compliance with such provision, and the Hotel's rights shall not be affected by any delay or omission in requiring compliance with such provision.
10.5 Amendment. Any amendment to the Contract is subject to the written agreement of both Parties.
11.1 These General Terms and Conditions are governed by substantive Swiss law. For all intents and purposes, should the Contract be treated as a sale, the application of the United Nations Convention on Contracts for the International Sale of Goods signed in Vienna on 11 April1980 is expressly excluded.
11.2 Any dispute arising from this Contract and any subsequent amendment relating there to and relating in particular but not exclusively to its formation,validity, binding effects, interpretation, performance, breach or termination,as well as any non-contractual claim shall be subject to the exclusive jurisdiction of the competent courts of Villars and the Canton of Vaud, subject to appeal to the Swiss Federal Supreme Court.
12.1 The official version of these General Terms and Conditions is drafted in French. In case of an inconsistency or contradiction between the French version and any translation thereof, the French version shall prevail.