General Terms and Conditions
of The Brecon AG - Hospitality

1 Scope of application

These General Terms and Conditions (hereinafter "GTC") govern the conclusion, content and execution of contracts between The Brecon AG (hereinafter referred to as the "Hotel") and the customer (hereinafter referred to as the "Guest") concerning accommodation, catering and the other services offered by the Hotel. For the conclusion and execution of contracts concerning vouchers and voucher cards via the Hotel's website, the "General Terms and Conditions of The Brecon AG - Webshops" take precedence.

If individual agreements and the GTC contain provisions that differ from each other, the provisions of the individual agreement shall take precedence over those of the GTC. However, if the provisions of the agreement are unclear or incomplete, the provisions of the GTC shall apply.

The validity of any general terms and conditions of the Guest is hereby excluded.

In the case of contradictions, the German version of the GTC shall take precedence over the other versions.

2 Prices and terms of payment

2.1 General provisions

The presentation of the hotel, the rooms and the other services, the description and price on the website thebrecon.com (hereinafter referred to as the "Website") as well as in brochures, advertisements or the like shall not constitute a legally binding offer of a contract or an assurance of characteristics unless they are expressly designated as binding in writing.

The price in Swiss francs (CHF) is decisive. Prices in foreign currencies are indicative and will be charged at the respective daily rate. The visitor’s tax is included in the price. Any increases in statutory taxes after conclusion of the contract shall be borne by the Guest.

The Hotel is entitled to request a deposit or advance payment of the total booking amount. Instead of a deposit or advance payment, the Guest may be required to provide a credit card guarantee for the total amount of the booking. The Hotel has the right to invoice the services provided at any time.
Receivables of the Hotel are due at the latest after use of the respective service or, in the case of a stay with overnight accommodation, on the agreed day of departure or at check-out.

The offsetting of a claim against the Hotel is excluded.

2.2 Events

The prices and terms of payment for events shall be agreed individually and in writing between the Hotel and the Guest.

The Hotel is entitled to request a deposit of 10% of the expected total amount. This deposit will not be refunded in case of cancellation by the Guest.

Additional costs may be incurred for services outside the regular service times or for special requests by the Guest (cf. Clause 6.1).

3 Conclusion of contract

3.1 Room reservation

The Guest can make the room reservation on site, by telephone, by e-mail, or via the Website. By submitting the reservation via the Website, the Guest submits an offer to the Hotel to conclude a contract and receives a reservation confirmation by e-mail, which constitutes acceptance of the offer. In the case of reservations made by telephone or by e-mail, the Hotel shall send an individual offer. In this case, the contract shall only be concluded upon acceptance of the offer by e-mail by the Guest.

The Guest has no right to a specific room unless this has been explicitly guaranteed to him in writing.

3.2 Events

Events are offered individually by the Hotel upon request. The contract is concluded upon written acceptance of the offer by the Guest. The GTC supplement the individual contract where the latter does not contain any provisions.

3.3 Spa

Spa treatments can be reserved on site, by telephone or by e-mail. The contract is concluded with the reservation confirmation by the Hotel.

4 Check-in/Check-out

On the day of arrival, the room can be occupied from 15:00 and must be vacated by 12:00 on the agreed day of departure. In the event of arrival after 23:00, the Hotel must be informed by the Guest of the later arrival by telephone or in writing by 15:00 at the latest on the day of arrival.

In the event of late vacating of the room by the Guest, the Hotel may charge 50% of the accommodation price (list price) for use exceeding the contract by up to three hours, and the full accommodation price (list price) for use exceeding the contract by more than three hours. Contractual claims of the Guest for the proper continued use of the areas are not justified by this; the Hotel reserves the right to assert claims for damages. In the event of late vacating of the room, the Hotel reserves the right to remove the guest's items from the room and store them in a suitable place at a charge.

5 House rules

5.1 Access to the room

The hotel room is reserved exclusively for the registered Guest and the persons specified at the time of booking. The provision of the room to a third person or the use by an additional person (hereinafter "Accompanying Person") requires the written consent of the Hotel.

Access to the hotel is restricted to guests who are 18 years of age or older. Exceptions are not possible.
By confirming a booking, guests agree that all travellers meet the age requirement. Proof of age may be requested upon arrival.

If it is determined upon arrival that the age requirement is not met, we reserve the right to cancel the booking. In such cases, cancellation fees will be applied in accordance with our general cancellation policy.

The Guest must carefully keep the room key given to him for the duration of the contract, may not leave it with unauthorised third parties and must report any loss to the Hotel immediately.

5.2 Consumption

Only food and beverages purchased from the Hotel may be consumed in the hotel.

5.3 Smoking

Smoking is permitted on the hotel premises only in designated places. Smoking is prohibited in all interior rooms of the hotel.

5.4 Animals

Animals are not allowed in the hotel.

6 Additional provisions for events

6.1 Regular service times and consumption

The regular service times for events are from 07.00 to 00:00 (midnight). The Hotel reserves the right to charge a flat rate of CHF 100.00 per hour and per department required for services after the official service times.

All food and beverages are to be purchased from the Hotel. In special cases (e.g. specialities), a different written agreement may be made in this respect. In such a case, the Hotel is entitled to charge an additional service fee or corkage fee.

6.2 Blocked rooms and guest list

The Guest must provide the Hotel with the guest list, including first and last names, arrival time and payment information, no later than 14 days before the event. If this deadline passes unused, the Hotel may release blocked rooms.

Up to seven days before the event, the number of participants may be reduced by a maximum of 10% without any cost consequences regarding the food and beverages (hereinafter "F&B Services"). Excluded are products specially purchased at the request of the Guest. Reductions in the number of guests exceeding 10% will be charged in full.

If, on the other hand, the event is cancelled, the general cancellation conditions of Clause 9.2 shall apply exclusively also with regard to the F&B Services. The preceding regulation concerning reduction of participants shall therefore not apply. Should the number of guests increase, the actual costs will be charged. The Hotel does not guarantee that an increase in the number of guests is possible.

6.3 Use of room, fire protection and permits

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 faults or damage to the Hotel's technical equipment caused by the use of these devices and appliances shall be borne by the Guest, insofar as the Hotel is not responsible for such faults or damage. The Hotel may record the electricity costs incurred by the use of the electrical equipment and devices as a lump sum and charge them to the Guest.

Faults in technical or other facilities 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, the Hotel's remuneration claims shall not be reduced.

The contracting Guest is responsible for the agreed and appropriate use of the room. Subletting is only permitted with the written consent of the Hotel. The Guest is responsible for ensuring that the fire protection conditions are complied with (e.g. regarding the materials brought in, the maximum number of persons and keeping the escape routes clear). The decoration material must be agreed with the Hotel in advance.
Any necessary permits must be obtained by the Guest in time and at his own expense. The Guest shall be responsible for compliance with the permits and all other regulations under public law in connection with the event. Fines resulting from a violation shall be paid by the Guest. The Hotel reserves the right to claim damages.

Any exhibits or other items 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.

Packaging material (cardboard, boxes, plastic, etc.) which 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 behind in the hotel, the Hotel shall be entitled to dispose of it at the Guest's expense.
The Guest is also responsible for ensuring that the health of the participants is not impaired and that other hotel guests are not disturbed (e.g. by noise). Furthermore, the Guest is responsible for ensuring that no rights (in particular intellectual property rights) of third parties are violated.
In the event of use contrary to the contract or the law, the Guest undertakes to indemnify the Hotel against third parties.

6.4 Third-party services

Insofar as the Hotel procures facilities or books services from third parties at the Guest's instigation, this is done at the Guest's expense.

The Guest is liable for the careful handling and proper return of the facilities as well as for the timely performance of duties to cooperate and payment of the bill. The Guest undertakes to indemnify the Hotel against all third-party service providers. The Guest is thus liable to the Hotel in particular for all damage arising from cancellations and damage to third parties, insofar as the damage was not caused by the Hotel.

6.5 Advertising measures

The use of the Hotel's logo, photos or similar for advertising purposes requires the written consent of the Hotel.

7 Spa treatments

The Hotel offers massage and beauty treatments. Booking in advance is recommended. Before the start of the treatment, the Guest must truthfully complete a health questionnaire. Booked treatments can be cancelled up to 24 hours in advance at the latest without incurring any costs. Late cancellations or missed appointments will be charged at 100%.

In case of late arrival at the booked appointment, the treatment time will be shortened accordingly to avoid waiting times for subsequent guests. The treatment price will not be reduced.

8 Vouchers

Vouchers are only issued after full payment and are valid for two years.

For vouchers, the provisions under clause 7 of the General Terms and Conditions of The Brecon AG - Webshops shall apply in addition.

9 Service disruptions

9.1 Service disruption caused by the Hotel

9.1.1 Hotel rooms and event rooms

If no room is available in the hotel despite a confirmed reservation, the Hotel shall inform the Guest as early as possible and, if possible, 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 rejects the substitute room and withdraws from the contract, he shall notify the Hotel thereof in writing without delay. In this case, the Hotel shall reimburse the Guest for services already rendered (e.g. down payments). The Guest shall have no further claims (in particular for damages). If the declaration of withdrawal is made late, the Guest may be charged for the costs incurred as a result.

9.1.2 Food and Beverage (F&B Services)

If agreed F&B Services cannot be provided by the Hotel, the Hotel shall inform the Guest immediately and, if possible, offer an equivalent replacement. Any additional expenses shall be borne by the Hotel. If the Guest refuses the substitute service, he shall inform the Hotel thereof in writing without delay. Withdrawal from the contract without compensation shall only be permitted if the change in service is substantial and the Guest cannot reasonably be expected to adhere to the contract. In this case, the Hotel shall reimburse the Guest for services already rendered (e.g. down payments). The Guest shall have no further claims (in particular for damages). If the declaration of withdrawal is made late, the Guest may be charged for the costs incurred as a result.

9.1.3 Spa

If agreed spa services cannot be provided by the Hotel, payments already made in this regard will be refunded to the Guest. Claims for damages against the Hotel are excluded.

9.2 Service disruption caused by the Guest

9.2.1 Cancellation by the Guest / Cancellation fees

a) General provisions

Cancellations must be notified to the Hotel in writing and in good time, otherwise 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 deadline. This applies to letters as well as e-mail messages.
The agreed price is also due in full in the event of no-show and early departure by the Guest.
In individual cases, the Hotel reserves the right to charge higher compensation in addition to the cancellation fees in accordance with the following cancellation conditions, in the amount of the damage it has incurred, which must be specifically quantified and proven to the Guest. In this case, the Guest is at liberty to prove that the Hotel has not incurred any damage in excess of the cancellation costs or that the damage is lower.

If the Guest is able to provide evidence that he/she is unable to arrive on time or at all as a result of force majeure (e.g. flood, avalanche, earthquake), the claim to payment for the service offered shall lapse. However, the obligation to pay for the booked stay shall be revived from the moment the Guest is able to arrive.

b) Single booking

Single bookings are bookings of up to 5 rooms. A single booking can be cancelled in writing up to 14 days before the planned arrival date without incurring any costs.

c) Group bookings and event rooms

Group bookings are defined as bookings of 6 rooms or more or bookings for at least 8 persons. Where reference is made below to arrival, the agreed arrival date is meant in relation to room reservations; the agreed event date or the agreed start of use is meant in relation to event rooms.
For bookings of 6 rooms or more the following cancellation conditions apply:

Up to 90 days before arrival          Free of charge
89 to 60 days before arrival           75% of the agreed booking volume can be canceled free of charge
59 to 30 days before arrival           50% of the agreed booking volume can be canceled free of charge
29 to 15 days before arrival            25% of the agreed booking volume can be canceled free of charge
14 to 0 days before arrival             Cancellations will be charged at 100%

The following cancellation policies apply to exclusive bookings (buy-outs) of the entire hotel:

Up to 180 days before arrival         25% of the agreed total amount will be charged
179 to 90 days before arrival          50% of the agreed total amount will be charged
89 to 0 days before arrival             100% of the agreed total amount will be charged

An exclusive booking (buy-out) is only possible if the guest books and pays for the entire hotel. Partial cancellation of individual rooms is not possible in this case.

Bookings are confirmed upon receipt of a non-refundable deposit of 25%.

d) F&B Services

Subject to Clause 6.2 and other agreements, the same deadlines and percentages shall apply to the cancellation of F&B Services as to bookings of up to 6 rooms and buy-outs (cf. Clause 9.2.1 lit. c), based on the booking volume and total amount of the F&B Services. The number of participants expected before the cancellation is taken into account. If the services have not yet been defined or not yet conclusively defined, the Hotel is entitled to use the average F&B Services of the Hotel as the basis for calculation. The Hotel reserves the right to stipulate individual cancellation conditions in the contract.

9.2.2 Default of payment

If the Guest is in default of payment, the Hotel may refuse to provide its services until the date of receipt of payment. If the services cannot be used on the scheduled date as a result of a justified refusal to provide services by the Hotel, payment for the agreed services shall remain due in full.
In the event of late payment or credit card guarantee, the Hotel may send the Guest a reminder and charge CHF 20.00 per reminder. If the Hotel initiates a debt collection procedure against the defaulting Guest, a processing fee of CHF 50.00 is owed.

If the Guest does not settle agreed advance payments or deposits by the due date, the Hotel may refuse to provide the contractual services until the date of receipt of payment.

The Hotel is entitled to assign its claims to a third party, in particular a collection service provider, or to have them collected by such a third party. Additional processing fees may be charged.

In the event of default of the down payment/advance payment or the credit card guarantee, the Hotel shall further have the right to set a grace period in writing and to withdraw from the contract if this grace period expires unused. For the calculation of the costs, the provisions, in particular the deadlines, for cancellation by the Guest shall apply analogously. The right to claim damages from the Guest remains reserved.

10 Withdrawal by the Hotel

Up to 180 days before the agreed date of arrival of the Guest at the latest, the Hotel may withdraw from the contract by unilateral declaration without stating the reason. In the case of room reservations via the Website, the Hotel is also entitled to declare a withdrawal from the contract by means of immediate notification after sending the reservation confirmation.
If there are objectively justified reasons, the Hotel is furthermore entitled at any time to withdraw from the contract extraordinarily and with immediate effect by means of a unilateral declaration. An objectively justified reason is deemed to be in particular:

• an advance payment or security deposit not made after expiry of the grace period (cf. 9.2.2);
• force majeure or other circumstances beyond the Hotel's control which make the performance of the contract objectively impossible;
• the booking or use of rooms, spaces or services under misleading or false information or concealment of material facts (e.g. in the person of the Guest or the purpose of use or stay);
• reasonable grounds for the Hotel to assume 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's inability to pay (bankruptcy or fruitless attachment) or the suspension of payment;
• an unlawful purpose or reason for the stay.
• In the event of a withdrawal by the Hotel in accordance with the contract, the Hotel shall not be obliged to offer the Guest an equivalent replacement. With regard to the compensation for the booked services, the provisions on the cancellation fees shall apply analogously. The Guest has no claim to compensation.

11 Liability

11.1 General provisions

The Hotel excludes all liability to the extent permitted by law. In particular, liability for indirect damage, any consequential damage as well as for loss of profit is excluded in full.
The Hotel shall be liable for defective services provided by third parties commissioned by it only in the event of gross negligence or intent in connection with the selection and instruction of the third parties and other auxiliary persons. Any further liability of the Hotel is excluded. Liability for employees of the Hotel for intent and gross negligence remains reserved. For services which the Hotel has merely arranged for the Guest or procured or booked for the Guest's account, there shall be no liability claims against the Hotel. Any liability claims in this regard are to be addressed directly to the third party.

11.2 Items brought in

The Hotel recommends that cash and valuables be kept in the room safe or the reception safe if possible.
The Hotel shall be liable for items brought in by overnight guests or their Accompanying Persons in accordance with the statutory provisions (irrespective of fault) up to the amount of CHF 1'000.00. Items deemed to have been brought in are items stored by the Guest in his hotel room. The Hotel shall only be liable for further damage in the event of gross negligence or intent.

Valuable items (watches, jewellery, etc.), cash or securities must be handed over to the Hotel for safekeeping, otherwise the Hotel's liability is excluded to the extent permitted by law. Items must be handed over for safekeeping at the reception during reception hours.
The Hotel shall not assume any duty of custody or safekeeping for exhibition or other items, including personal items, brought into the event rooms or onto the hotel premises by the Guest or third parties. The Hotel's liability for loss, destruction or damage to these items is excluded to the extent permitted by law. It is the Guest's responsibility to take out insurance for any items brought along.

12 Lost property

Lost property whose value obviously exceeds the amount of CHF 10.00 shall be properly stored by the Hotel for a period of 6 months. Expenses for special storage, especially in the case of large or valuable items, will be charged to the owner.

In the case of clear ownership and knowledge of the residential or business address, lost property will be forwarded at the request of the Guest. The costs and risk of forwarding are borne by the Guest.

After the expiry of the above-mentioned storage period, lost property will be used, sold or destroyed. If urgency so requires, namely in the event of rapid spoilage, loss of value or costly maintenance of the lost property, the Hotel shall be entitled to immediately realise or destroy the lost property. Any proceeds from the sale shall take the place of the lost property.

13 Data protection

The Guest hereby authorises the Hotel to process the data received in connection with the business relationship concerning the Guest and his Accompanying Persons, whether such data originates from the Guest or from third parties, for the purpose of fulfilling the obligations arising from the contractual relationship. If the Hotel involves third parties for the provision of services, the Guest authorises the Hotel to pass on the data necessary for the provision of the service. The Hotel is also entitled to pass on data to external payment and collection service providers - insofar as this is necessary for the utilisation of the respective service.

The collected personal data of the Guest and his or her Accompanying Persons shall be used, among other things, to fulfil legal reporting obligations, which arise in particular from the hospitality industry and/or police law. Insofar as the Hotel is obliged to do so under the applicable provisions, it shall forward the relevant data to the competent authorities.

Data processing is explained in more detail in a separate data protection declaration (thebrecon.com/en/privacy-policy/), in particular data processing that is attributable to visits to the Hotel's websites.

14 Formal requirement

Where written form is required in these GTC, text messages by e-mail or fax shall suffice. These shall be deemed equivalent to the written form.

15 Severability clause

Should one or more provisions of these GTC or the individual agreement be or become invalid or unenforceable in whole or in part, the validity or enforceability of the remaining provisions of these GTC and the individual agreement shall not be affected. In this case, the parties shall replace the invalid or unenforceable provision that comes closest to the economic purpose of the provision to be replaced. The same shall apply analogously in the event that these GTC or the contract should contain a regulatory gap.

16 Applicable law and place of jurisdiction

All legal relations between the Guest and the Hotel shall be governed exclusively by Swiss law, subject to the exclusion of international conventions such as the United Nations Convention on Contracts for the International Sale of Goods (CISG), as well as conflict-of-law rules.

All claims shall be subject to the exclusive jurisdiction of the courts of Adelboden, Canton of Bern (Switzerland), subject to any conflicting, mandatory legal or contractual jurisdiction.

The Hotel shall, however, be entitled to invoke the courts having jurisdiction for the registered office or place of residence of the Guest instead.

17 Amendment of the GTC

The Hotel reserves the right to amend these GTC at any time. The current version of the General Terms and Conditions published on the Hotel's website (www.thebrecon.com) at the time of the reservation by the Guest shall apply.