Hotel & Offers Engadin St. Moritz - Pontresina

General Terms and Conditions
01
Scope of these General Terms and Conditions
These General Terms and Conditions govern
the legal relationship between you and the
other party/parties to your contract. If you
book one of the services or packages offered
by the hotels and/or other service providers
directly, your contract will be with the said
service provider or providers, even if you place
your booking through the Tourism Organisation
Engadin St. Moritz. In such cases, the
Tourism Organisation Engadin St. Moritz acts
as an agent only. In the case of services and
packages provided by the Tourism Organisation
Engadin St. Moritz in its own name, however,
your contract will be with the Tourism Organisation
Engadin St. Moritz.
02
Conclusion of contract and performance
Only when the booking office confirms your
booking without any provisions do you have
a legally binding contract with the service
provider. If the same booking office offers you
other services and packages which are not
listed in a publication of the Tourism Organisation
Engadin St. Moritz, then these General
Terms and Conditions shall not apply. The
scope of performance in such a case will be
evident from the order confirmation and the
description provided. Unless stated otherwise
in the description, your trip will begin at the
hotel or other accommodation booked.
03
Prices and terms of payment
All prices are quoted in Swiss francs. Unless
otherwise agreed in your booking or in the
booking confirmation, the price of your trip
shall be payable in full upon booking. If the
price is not paid in full by the date due, the
other party to the contract shall be entitled to
withhold performance, to withdraw from the
contract and to demand the cancellation costs
listed in No. 5. Please note that if you book
your trip through a different booking office,
such as a travel agent, this booking office may
charge you extra to cover the costs of the ser-
vices provided (consultancy, reservations, etc.).
04
Price and programme changes
The service providers and Tourism Organisation
Engadin St. Moritz are entitled to change the
description of performance and prices for as
long as the contract has not yet been signed.
You will be informed of this in your booking.
Even after the contract has been signed, prices
can still be increased right up to three weeks
prior to the beginning of your trip, but only
if the transport or accommodation costs, the
charges for certain services, or the exchange
rate have increased. The price of your trip will
be raised commensur ably in such a case. The
programme and scope of performance may
also have to be changed owing to unforeseen
circumstances. Should any of the essential
features of your trip change significantly and if
you cannot be offered an appropriate alternative,
you shall then have the right to cancel
your booking. Price increases of more than
10% count as a significant change. Unforeseen
and unavoidable events may necessitate a
change of programme or itinerary even after
your trip has commenced. Your service provider
will endeavour to provide an appropriate
alternative in such cases.
05
Changes or cancellations requested by you
If you wish to change your booking or to
cancel your trip, you must notify the booking
office of this directly. Any travel documents
you have already received must be returned to
the booking office at the same time. A service
charge of CHF 60.– per person, max. CHF 120.–
per order, will be levied for cancellations and
changes (affecting names of travellers, dates,
accommodation or additional services, etc.).
Please note that this charge will always be
levied in the event of a change of date. If you
cancel your trip or change your booking (name,
date, accommodation, additional services,
etc.) less than 31 days prior to your departure,
you will also be liable for the following costs
as a percentage of the total cost of your trip:
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30% of the package price;
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50% of the package price;
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80% of the package price;
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of no-show
100% of the package price;
The critical date is that on which the booking
office receives notice of your intentions; if
that is a Saturday, Sunday or public holiday,
the next working day shall apply.
06
Late arrival or early departure of your
own accord
You are responsible for arriving on time.
Should you arrive late, you cannot claim a
refund for any services you have missed
owing to your late arrival. Should you depart
early, you cannot claim a refund for the
remainder of your trip.
General Terms and Conditions Page 81
This brochure was compiled by the Engadin St. Moritz Tourism Organisation on behalf of, and in the name of,
the service providers – hotels, airlines, etc. – listed therein.
07
Early departure or exclusion occasioned
by the service provider
The service provider is entitled to end the
service/trip prematurely in the event of
unforeseen or unavoidable circumstances such
as would render its performance of contract
impossible, extremely difficult or dangerous
for those taking part. Should an appropriate
alternative prove impossible in the event of
force majeure, the service provider shall be
exempted from its obligation to perform. Your
claim to a refund in such cases shall be limited
to unlawful enrichment only. The service
provider can exclude participants from the trip
if their behaviour or omissions justify such a
step. In such a case, the cost of the package
shall still be due in full and there shall be no
refunds. Nor may the participants affected
claim damages of any kind.
08
Liability
The Tourism Organisation Engadin St. Moritz
and the service provider shall be liable only
for the services they themselves render and to
the extent provided for by law, although they
shall not be liable for negligence on their own
part or on the part of their vicarious agents.
There shall be no liability for valu ables, cam-
eras, video cameras and photographic equipment,
fur coats and other expensive items
of clothing, mobile phones, credit cards and
cash or for the unlawful use of the same. For
packages, liability for anything other than
personal injury shall be limited to twice the
cost of the package. Here, too, the terms
governing liability for valuables shall apply.
Liability in all cases shall be limited to the loss
or damage actually suffered. There shall be
no liability for lost holiday time, frustration,
etc. Extracontractual liability shall be limited
to that provided for by law.
09
Travel insurance
Participants are strongly urged to take out
travel insurance to cover them in the event of
cancellation or early departure, incl. such as
might be necessitat ed by accident or sickness.
10
Applicable law and jurisdiction
Swiss law shall apply to the exclusion of all
others. Any disputes shall be settled in
St. Moritz, Switzerland, to the exclusion of
any other courts of law.