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AGB Cresta Palace Hotel, Celerina

Allgemeine Geschäftsbedingungen

General business terms and conditions (individual guest)


Cresta Palace Celerina AG (Cresta Palace Hotel) in 7505 Celerina will gladly organise your
relaxing stay for you. In order to ensure a successful experience, we ask that you
carefully read through the following business terms and conditions, which are a
component of the agreement. We thank you for your understanding and cooperation.

1. Contractual conclusion

1. The provisions of the Swiss Code of Obligations shall apply for the realisation of
the agreement. As a rule, the agreement shall be realised through a reservation
confirmation signed by both parties or by the unconditional acceptance of the
hotel’s offer by the guest.


2. The customer’s business terms and conditions shall only apply if this has been
expressly agreed in writing in advance.


3. If the guest wishes to receive services which are not provided by the hotel itself,
then the hotel shall act merely as an intermediary. These services shall be
separately billed.

2. Prices, down payment, billing

1. The prices are derived from the contractual conclusion (reservation confirmation)
or respectively the price list forming its basis and are in Swiss francs.


2. In the absence of an agreement to the contrary, the prices are understood to
include breakfast.


3. Depending on the scope of the booking, an advance payment or a guarantee by
means of a credit card with a corresponding signature must be provided by the
guest. If a down payment has been agreed, it must be made within the agreed
timeframe. Otherwise, the hotel may freely dispose of the rooms.


4. The bill must – if nothing to the contrary has been agreed – be settled no later
than upon the departure of the guest. As suitable payment methods, the hotel
accepts cash, credit cards (MasterCard, VISA, American Express, Diners Club, Jelmoli Bonus Card and CUP), debit cards (Maestro card, V-Pay and Postcard) as well as ‘American Express’ Traveller’s Checks. Other checks are not accepted.


5. Hotel bills without a due date are payable in full within 10 days of billing. The
hotel shall be entitled at any time to bill for any payment claims incurred and to
demand immediate payment. In the event of late payment, the hotel shall be
entitled to demand the respectively valid statutory default interest in the amount
of 5 % of the invoiced amount. The hotel reserves the right to document higher
damage amounts.


6. The agreed prices include the respectively valid statutory VAT and other taxes.
The hotel reserves the right to make an adjustment to the agreed prices based
upon changing statutory taxation rates.

3. Guest rooms / Cancellation terms and conditions

Arrival / Departure times
1. The hotel rooms may be occupied beginning at 3:00 p.m. and must be vacated by
11:00 p.m. on the day of departure. In the event that the guest needs to arrive
earlier or leave later, the room may also be occupied earlier or vacated later by
making arrangements with the hotel. If the guest occupies the room longer
without having made prior arrangements with the hotel, the hotel may bill 50 %
of the listed room price until 6:00 p.m. and 100 % after 6:00 p.m.

Cancellation terms and conditions

Cancellation upon the part of the guest


2. If a guest needs the room later than agreed, doesn’t need it at all or vacates it
early, the following cancellation terms and conditions shall apply:

Up to 28 days before arrival no cancellation fees
21 – 27 days before arrival 20 % of the arrangement price
14 - 20 days before arrival 40 % of the arrangement price
7 – 13 days before arrival 60 % of the arrangement price
6 days or less before arrival 100 % of the arrangement price

The cancellation terms for the Christmas / New Year Season are:
Up to 56 days before arrival no cancellation fees
55 – 49 days before arrival 20 % of the arrangement price
48 - 42 days before arrival 40 % of the arrangement price
41 – 35 days before arrival 60 % of the arrangement price
34 days or less before arrival 100 % of the arrangement price

The point in time when the hotel is notified of the cancellation shall be prevailing
for the calculation of the cancellation fee amounts.


3. Cresta Palace Hotel reserves the right to individually adjust the cancellation
terms and conditions based upon the scope of the booking; this shall be noted in
the confirmation (agreement). Any revocation of/changes made to the
cancellation deadlines by the guest is possible only with the written approval of
the hotel.


4. The hotel must offset the proceeds received from the leasing of the rooms to third
parties against the cancellation costs.

Cancellation upon the part of the hotel

1. Rooms may be used only for lodging purposes. The hotel shall be entitled to
dissolve the agreement without notice and with no further announcement if the
agreement has been concluded based upon false or misleading declarations or the
room is not used in a contractual manner.


2. If an agreed advance payment is not made even after the lapsing of a
subsequent, appropriate notice period which has been set by the hotel, then the
hotel shall be entitled to withdraw from the agreement.


3. Furthermore, the hotel shall be entitled to make extraordinary termination of the
agreement due to an objectively justified reason; for example, if
- force majeure or other circumstances outside of the control of the hotel make
the fulfilment of the agreement impossible.
- the hotel has a justified reason to assume that the availment of the hotel’s
services may endanger seamless business operations, safety or the hotel.


4. In the event that the hotel makes a justified contractual termination, the
customer shall have no claim to damage compensation.


5. If the hotel cannot fulfil its obligation to perform owing to an overbooking, it must
offer the guest comparable replacement lodging in another hotel.

4. Liability of the hotel

1. The hotel shall be liable for the objects which the guests bring along into the
hotel, in accordance with the statutory provisions. It is expressly agreed that no
liability shall apply for simple negligence.


2. Cresta Palace Hotel assumes no liability for services of subcontractors within
the hotel, namely the “Trudy and Flury” hairdresser.


3. In the event that the guest should suffer damages or not be satisfied with the
hotel’s services, then he / she must immediately report this to the hotel.
Otherwise, he / she may not assert any more rights.


4. All claims against the hotel shall become fundamentally statute-barred 6 months
after departure, provided that the mandatory statutory provisions do not stipulate
longer timeframes.

5. Final provisions

1. To the greatest extent possible, amendments of or supplements to the agreement
or the reservation confirmation shall always be in writing. Unilateral amendments
or supplements shall be invalid.


2. Through the customer’s signing of the agreement / reservation confirmation or
unilateral confirmation of a booking by the customer, the latter is considered to
have accepted the “General Business Terms and Conditions”.


3. This agreement shall be subject exclusively to Swiss law.


4. The parties are in agreement that the exclusive legal venue shall be Celerina/St. Moritz,
in Switzerland.

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