1. Basic conditions

These Terms and Conditions regulate the legal relationship between the guest/client/event organizer, hereafter referred to as the Guest, and the Hotel Arcade AG, hereafter referred to as the Hotel.

For reasons of simplicity – regardless of which service is referred to – the Terms and Conditions will always be referred to as a contract.

The Terms and Conditions of the Hotel, following conclusion of the contract, apply exclusively.

Should certain terms and conditions prove invalid or void, the validity of the contract and the remaining terms and provisions shall not be affected thereby. Statutory provisions shall otherwise apply.

2. Jurisdiction / Applicable law

The place of jurisdiction for any disagreements arising from this contract is the District Court of Muri, in the Aargau Canton, as long as no other mandatory statutory jurisdiction exists.

Swiss law is applied exclusively to all contractual and reservation provisions, any additional agreements and terms and conditions. The place of performance and payment is the location of the Hotel.

3. Definitions

Groups: Within the Terms and Conditions, groups are defined as travel groups with a minimum number of 3 reserved persons.
Written confirmations: Faxes and e-mail messages are also considered to be written confirmations.
Contract partners are the Guest and the Hotel.

4. Subject matter / Scope

The contract for renting rooms, seminar rooms, areas and other deliveries and services is concluded with the written confirmation of reservation to the Hotel or Internet reservations by the Guest.

A reservation which takes place on the day of the event itself is binding when accepted by the Hotel.

Changes to the contract are only binding for the Hotel following a written return confirmation. Unilateral changes or additions to the contract by the Guest are invalid.

5. Scope of services

The scope of the contract is determined by the individual reservation of the Guest.

The Guest does not have – except in the case of other contractual agreements – the right to a certain room.

If, despite the confirmation of a reservation, there is no room available in the Hotel, the Hotel must inform the Guest immediately of this and provide equivalent accommodation in another hotel nearby with a comparable or higher category.

Any additional expenses for the replacement hotel are to be paid by the Hotel at which the original reservation was made. Should the Guest refuse the replacement hotel, then the original Hotel must immediately refund any payments already made by the Guest.

6. Options

Option dates are binding for both parties. After expiration of the unused option period, all rooms are again available to the Hotel.

7. Prices / Payment obligations

The Hotel prices are stated in Swiss francs (CHF) and include the statutory VAT.

The Guest is obliged to pay the agreed or current prices of the Hotel for the services used. This also applies to services and outlays of the Hotel to third parties on behalf of the Guest, his companions and visitors.

Any increase in statutory duties after the contract has ended is to be paid by the Guest. Prices in foreign currencies are solely provided as a guide and are calculated at the applicable daily exchange rate. All published prices may be adjusted at any time without directly informing the Guest. The prices confirmed by the Hotel are valid and applicable.

As agreed, or for reservations totaling CHF 500.00 or more, the Hotel can require pre-payment of 50% of the entire booking amount. Pre-payment is considered partial payment toward the agreed final payment.

The Hotel can also require a credit card guarantee in place of a pre-payment.

A pre-payment should be made within 2 days of receiving confirmation of reservation from the Hotel. If the reservation is made on a short-term basis, then the Hotel shall require a credit card guarantee for the entire reservation amount.

If pre-payment or credit card guarantee is not made within the time specified, the Hotel may immediately terminate the contract without a reminder or rescind on the services promised as well as require cancellation expenses specified under Paragraph 9.

The Hotel shall have the right to present an invoice or interim invoice at any time for its services.

The final invoice comprises the agreed price plus any other amounts arising from additional services of the Hotel for the Guest and/or persons accompanying him. Payment may take place in Swiss francs or with a recognized credit card.

8. Events

An event may include services for the hired event room, for catering, technical facilities and any other services.

Number of participants

The Guest is obliged to inform the Hotel of the binding number of participants for an event 2 working days at the latest before the event takes place. For later deviations from the number of participants stated by the Guest, the following applies:

• Up to 5% fewer actual participants: payment according to the actual number of participants.
• More than 5% fewer actual participants: a maximum reduction of 5% shall be made.
• For a later increase in the actual number of participants – subject to feasibility – payment takes place according to the actual number of participants.

Withdrawal from the contract by the Hotel

The Hotel may rescind on the contract without any cost obligations with a unilateral written declaration up to 10 days before the agreed day of the event.

In addition, the Hotel has the right for a justifiable cause to withdraw from the contract in exceptional circumstances through a unilateral written declaration:

Examples of justifiable cause include, but are not limited to, the following:

• force majeure or other circumstances beyond the control of the Hotel which make fulfilment of the contract impossible;
• events booked under misleading or false information regarding contractual facts, e.g. with regard to the particulars of the Guest or the use of the stay or the purpose of the booking;
• the Hotel has justified cause to believe that the use of the agreed services may detrimentally affect smooth business operations, the security of other hotel guests or the reputation of the Hotel;
• the purpose or the occasion of the stay is illegal.

Following justified cancellation by the Hotel, the Guest has no claim for damages. Payment shall still be owed.

Terms of cancellation

Withdrawal by the Guest from the contract concluded with the Hotel shall require the written agreement of the Hotel. Should this not occur, then the agreed price from the contract is to be paid even if the Guest does not avail himself of the contractual services.

The receipt of the written cancellation from the Guest by the hotel is decisive in calculating the cancellation fee to be paid. This applies for letters as well as for fax and e-mail messages.

If the Guest withdraws from the contract or there occur changes or cancellation of certain reserved services, then the Hotel may charge the following cancellation fees.

Cancellation fees for events

If an event, for reasons which are not attributable to the Hotel and for which the Hotel is not responsible, cannot be carried out, then the Hotel reserves the right to partial payment of the agreed services in accordance with the order confirmation in the light of receipt of the written cancellation as follows:

Cancellation of the event 0-4 days before the due date: 100 % in accordance with the order confirmation
Cancellation of the event 5-10 days before the due date: 50 % in accordance with the order confirmation
Cancellation of the event 11 days before the due date: 0 % in accordance with the order confirmation

Should the Guest organize an event in the Hotel of the same scope as agreed originally and within one year, then 90% of the recorded invoice amount/cancellation costs shall be credited.

Cancellation fees for room reservations

If a room reservation, for reasons which are not attributable to the Hotel and for which the Hotel is not responsible, is cancelled, then the Hotel reserves the right to partial payment of the agreed services in accordance with the order confirmation in the light of receipt of the written cancellation as follows:

a) Individual bookings
Cancellation of the room reservation up to 24 hours before the due date: no costs

Cancellation of the room reservation within 24 hours of the due date: the cost of one overnight stay

a) Group bookings
Cancellation of the room reservations up to 2-5 days before the due date: 50 % in accordance with the order confirmation

Cancellation of the room reservation within 24 hours of the due date: 100 % in accordance with the order confirmation

9. Extensions

If the legal closing time is expected to be exceeded with the reserved duration time of the event, then the Guest must contact the Hotel no later than 3 days before the event is due to begin so that the necessary permits can be obtained. The cost of these permits shall be borne by the Guest. The Hotel cannot guarantee that an extension permit will be granted.

The Hotel has the right at the end of the extension granted to remove the event’s participants from the hired rooms.

10. Stay / Smoking

The conclusion of a contract gives the Guest the right to the normal use of the leased premises and the Hotel facilities, which are normally accessible to the guests without special conditions, and to the usual service. The Guest must exercise his rights in accordance with any Hotel and/or Guest guidelines (house rules).

Smoking is forbidden throughout the Hotel.

11. Insurance

The insurance of possessions brought by the Guest is the exclusive responsibility of the Guest. The Hotel may require proof of insurance for certain items even before confirmation of the reservation.

12. Liability and contract law

a) Hotel:
the Hotel is not liable in the legal context for minor and moderate negligence, and is liable only for gross negligence or intentional damage done.

The Hotel is liable for items brought by the guests in accordance with statutory provisions. The Hotel is not liable for minor and moderate negligence.

The Hotel does not accept any liability for theft and damage to possessions by third parties.

The Hotel is not liable under any legal title for services which it has only mediated in for the Guest (see Paragraph 18).

b) GuestThe Guest is liable to the Hotel for all damages and loss caused by him, his companions or assistants or his event participants, without the Hotel having to prove the Guest’s negligence.

If a third party has carried out the booking for the actual Guest, then this third party is liable to the Hotel as joint debtor for all obligations arising from the contract.

The Guest is responsible for all arranged services and outlays of the Hotel to third parties.

13. Illness of the Guest

Should the Guest become ill during his stay at the Hotel, then the Hotel will contact a doctor at the request of the Guest. If the Guest is incapacitated and the Hotel has knowledge of the illness, then it can also inform a doctor without the invitation of the Guest.

The cost of medical treatment is to be borne exclusively by the Guest.

14. Animals

Animals may only be brought with prior agreement with the Hotel.

Any Guest bringing an animal into the Hotel is obliged to keep and supervise this animal according to the rules during his stay.

The Guest must possess the respective animal owner’s insurance for his animal. Proof of this insurance must be provided if required by the Hotel.

15. Lost goods

Lost or forgotten goods will be forwarded in the case of clear ownership and knowledge of the residential/business address. The costs and the risks of forwarding are to be borne by the Guest.

After a 3-month retention period has expired, the goods will be handed over to the local lost and found office.

16. Other regulations

Should the Guest require services not provided by the Hotel itself, then the Hotel simply acts as a mediator.

Advertisements in media (such as newspapers, radio, television, Internet) with regard to events at the Hotel, with or without use of the unchanged company logo, require the prior written agreement of the Hotel.

This English translation of the Hotel Terms and Conditions is provided as a courtesy. The German original version remains the sole binding legal document of record.

Sins, 1. August 2010