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General terms and conditions

GENERAL TERMS AND CONDITIONS
Seminars, conferences, banquets, catering, room reservations

These terms and conditions govern the contractual relationship between you (hereinafter referred to  as the organizer) and the Seehotel Wilerbad (hereinafter to referred to as Wilerbad).

1. Reservations

Between the organizer and the Wilerbad a contract is created and exists, if

a.) a quote from Wilerbad is confirmed by the organizer in writing
b.) a request from the organizer to the Wilerbad  is reconfirmed in writing
Any amendments, alterations or changes to terms of contract are binding only if or when  confirmed in writing by Wilerbad.

1.1 Offers
The deadline for acceptance of all offers/bids made by the Wilerbad is 10  (ten) days, unless another period is agreed between the parties, which agreement will be confirmed in writing by the parties. At the expiry of 10 (ten) days if no acceptance/confirmation in writing has been received by Wilerbad, Wilerbad will not be bound by any offer previously provided. The Wilerbad reserves the right at all times to withdraw for good cause any offer.

1.2 Options
Options shall be deemed  binding on both parties agreed during/within the currency of the option period. Aft the expiry of the option period, the Wilerbad reserves the right to dispose of any reserved data and allied services.

2. Changes in the number of participants
The organizer is required to notify the Wilerbad  of any changes to the number of participants as soon as possible. The Wilerbad is also hereby committed in principle to acknowledging this same condition, but not otherwise than as may be herein expressly stated .If such notification is deemed successful, this may result in no fee or further costs being incurred by the organizer.

2.1 The number of participants notified by the organiser to Wilerbad, whether in writing or orally,  is hereby deemed final and binding up to and including the period beginning three days prior to the event agreed and booked. This information forms the basis of  all necessary calculations. If more participants attend and take part in any event than those notified in the first instance, the actual number present and attending that event will be considered binding. By reducing the number of participants by more than 5% compared to the originally reported number of participants, the organizer for each non-participants appeared to be offset against 100% of the agreed services.

2.2 In the case of a reduction of participants by more than 10% or more than the number agreed on the original  reservation or any other confirmed number of participants, Wilerbad will apply the following schedule of charges for each particpant unable to attend or not participating/attending any agreed event::

- Up to 30 days prior to the date of the event - no cost;
- 29 to 10 days prior to the date of the event  - 50% of the agreed services
- 9 (nine) days or less prior to the date of the event  - 100% of the agreed services

3. Cancellation by the organizers

3.1 Any Cancellation of events must be  notified to and confirmed withWilerbad as soon as possible and must at all times be confirmed or notified in writing.

3.2 The following schedule of charges will apply in the case of  all cancellations:

For cancellations of seminars, conferences, banquets, catering, room reservations    regarding  up to 6 (six) rooms, the following cancellation charges will apply:

- 90 days or more prior to the contractually agreed date a  complete cancellation will incur no charge or
  cost;

- 89 to 45 days ahead of  the date of scheduled event -  a charge of 25% of the reserved services total
  cost will be levied and will be payable;

- 44 to 30 days before the date of any agreed event - , 50% of the reserved services total cost will be
   levied and will be payable;

- 29 to 10 days before the date of any agreed  event - 80% of the reserved services total costs will be
  levied and will be payable;

- 9 (nine) days prior to the date of any the agreed event - 100% of the reserved services total costs will
   be levied and will be payable;

- Cancellation by the organiser for any reason whatsoever after the commencement and or during the
   event will incur a charge of 100% of the reserved services total cost.


3.3 Cancellation of bookings of no more than a maximum of 5 (five) rooms at any time over and including 48 hours prior to the due date of arrival will incur no cost. In all other cases however concerning later cancellation  and/or early departure -  100% of the quoted price for the first / subsequent night of the originally booked stay will be levied and will be payable.

3.4 If in any case,  the reserved services ( icnluding all meals and drinks) have not been finalized, the base sum of CHF 80.00 per person will apply as the Principle base of calculation.

4. Cancellation by the Wilerbad

4.1 If for any reason whatsoever Wilerbad has reasonable grounds to believe that the activities of the organization, or the arrangement of  Wilerbad’s  normal smooth business operations may be subject to jeopardy or compromised,  or its safety, or reputation of its normal  subject to threat of any kind, Wilerbad reserves the absolute right to demand agreed payment  at its sole discretion in accordance with Section 8.1 of these terms and conditions ; furthermore it is hereby declared  that if in any case the organizer fails to meet or comply with any such demandmade, Wilerbad will be  entitled to and reserves the right to cancel immediately any booking/reservation made without compensation. And it is further declared that all and any  Claims  pursuant to this section against Wilerbad will not ground any liability by Wilerbad at law.

5. Useful life of facilities and rooms

5.1 The service life of the premises for the organizer is maintained as contained in any agreed offer  and/or  any reservation confirmation. At all other times than those specified and agreed between the parties in writing, Wilerbad will excerise ownership and use of the  facilities/ premises. Fully at its discretion.

5.2 Private rooms that remain unoccupied  later than 18.00 on the day of arrival can be reassigned without penalty being incurred by the Wilerbad. This condition wil not apply in any case where the parties have expressly agreed that a later arrival time will apply and/or where  a reservation has been previously confirmed with a credit card number, or a deposit has been made.

5.3 At all times it is deemed that Evenings end with the official closing time at 00.30 clock. In the event of the granting by Wilerbad of any extension beyond this fixed time, the organizer will be subject to an additional fee of CHF 4.00 per person per hour, (according to the binding reported attendance figure) will be charged, in accordance with  section 2.1 of these terms and conditions.

6. Hall rental
In the case of  banquets,  usually no room fees are levied, except in Wilerbädli. In Wilerbädli there is a separate lease with its own the terms and conditions.

7. Bring food and drinks
The use of or importation of any food and/or beverage within all premises of Wilerbad is strictly prohibited. All exceptions require a prior written agreement with Wilerbad.

8. Payment
Invoices of Wilerbad are due within 10 days from the invoice date.

8.1 Wilerbad reserves the right to request a deposit of 50% of the agreed services total cost, or  any other individual fee agreed,  in advance. For reservations with a foreign billing addres,s or reservations from abroad, an advance payment of 100% of the total cost of reserved services awill be payable in advance. If the operator upon payment of the deposit, withdraws from or amends or cancels the agreement between the parties, Wilerbad will be entitled to levy charges pursuant to Section 4.1 of these terms and conditions of the contract. Deposits will be charged on each case in accordance with points 3.1 to 3.3 of these terms and conditions.

9. Liability

9.1 Wilerbad liability towards customers is at all times  strictly  limited to the intentional acts or grossly negligent acts  of its employees, servants or staff, and limited to contractual or non-contractual damage. All and any fault detection lies with the customer. Liability for negligently inflicted harm and no-fault liability is excluded.

9.2 With regard to the customers, the organizer, speakers, participants or third parties , all and any items brought to Wilerbad,  including but not limited to items or articles of clothing or materials Wilerbad will not be liable for any lioss es incurred either by, but not limited to,  theft or damage. This will also apply to any vehicles left in or on  the hotel car park at any time.

9.3 The customer will be  liable to the Wilerbad for all damages and losses which are caused by him or his assistants, guests or participants without the any need for Wilerbad to prove to the customer at fault.

9.4 In the due  performance  of any contractual agreement , Wilerbad may and will be deemed to act in the name of and on behalf of the purchaser. The customer will at all times remain responsible for the care and orderly return of all and any premises the subject of such contractual agreement, granting Wilerbad free of rights.

10. Governing Law / Jurisdiction
On reservation agreements, including General and any amendment thereto and to the contracts concluded on the  foregoing, herin mentioned Terms & Conditions Swiss law is applicable. The exclusive jurisdiction for all differences from the present conditions is Sarnen.

11. Final Provisions

11.1 Price changes are reserved

11.2 Amendments of these terms and conditions must be in writing.