TERMS AND CONDITIONS
Booking ConditionsThese general terms and conditions (the "GTC") apply to any booking of the Chalet Maldeghem in Klosters, Switzerland, as well as the additional services the Chalet Maldeghem provides to the customer. Subletting or further renting of the residences provided, as well as their use for purposes other than accommodation requires the prior written approval by Mrs Labes.
The customer`s general terms and conditions will only apply, if this was expressly acknowledged by Mrs Labes in advance.
The customer must personally use the Residences. Providing Residences to third parties under any title whatsoever is not permitted, except with explicit prior written consent of Mrs Labes. For stays, which extend over the night of December 31st, a minimum length of stay of seven (7) nights applies.
Conclusion of contract, - partner, - liability; Payment; Limitation of periodAs a customer at the Chalet Maldeghem in Klosters the customer will be signing a contract for accommodation with Mrs Labes. Parties to the contract are Mrs Labes and the customer. If a third party has made the reservation on behalf of the customer, the third party together with the customer will be liable to Mrs Labes as joint and several debtors for all obligations arising from the accommodation contract.
In response to reservation enquiries, the customer receives, subject to availability, a reservation offer, which will be valid, until the date and time (CET) specified in the respective offer. The contract is validly established through Mrs Labes acceptance of the customer’s application by means of the corresponding written confirmation of the booking.
To guarantee and confirm the reservation offer, customers (booking party) must pay a refundable damage deposit of 30% of the accommodation (booking) costs (net; transfer costs and expenses to be borne by the customer) on top of the 100% accommodation cost via bank transfer (quoting the reservation) by and no later than, the date and time specified in the reservation offer.
The bank transfer of the down payment represents full Client’s acceptance of these General Terms & Conditions. The Reservation is confirmed once (and only if) the 30% damage deposit is received by Mrs Labes in her bank account, no later than the specified due date.
The remaining 100% of the accommodation cost is due six (6) weeks prior to arrival via bank transfer (net; transfer costs and expenses to be borne by the customer/booking party). For the avoidance of doubt, should a booking be made less than six (6) weeks prior to arrival immediate 40% damage deposit of and with the total 100% accommodation costs prior to arrival (net; transfer costs and expenses to be borne by the customer) via bank transfer is required. If the above payments are not made by their respective due dates, the booking will lapse and Mrs Labes shall be immediately entitled to offer the respective Residence(s) to third parties without giving prior notice to the customers (booking party).
Services, Prices, Set-offMrs Labes is obliged to keep such booked Chalet available and render all services agreed on. The “Full Package Rate” contains: daily breakfast, daily housekeeping service, as other, access to the gym-sauna and outside whirlpool, concierge-services, park-services, luggage service, etc.
The customer is obliged to pay the price for the accommodation in the Chalet as well as the prices for all other services rendered by the staff of the Chalet Maldeghem in favour of the customer.
Mrs Labes may furthermore change the prices if the customer requests that changes be made in subsequence to the number of booked rooms, the service of the staff or the duration of the guests stay and if Mrs Labes agrees thereto. Invoices of Mrs Labes without due date are due and payable without deduction within 10 days as of the receipt of the invoice. Mrs Labes is entitled to make accumulated receivables payable at any time and demand immediate payment. The customer will automatically be in default on payment without requiring a dunning, if he has not paid the invoice within 30 days as of its due date. Mrs Labes reserves the right to claim damage in excess thereof.
The customer agrees that Mrs Labes keeps a damage deposit at the time of booking and six week prior to the let. In the event of default of payment by the customer Mrs Labes shall be entitled to charge the amount due to the respective damage deposit. Offsetting of the customers liabilities toward Mrs Labes against the claims of her is excluded, except in the case of an undisputed claim of the customer against Mrs Labes or a claim found by final and absolute judgment.
Withdrawal by Customer (Cancellation, Annulment)/Failure to Use Hotel Services (No Show)If the booking is cancelled more than six (6) weeks prior to arrival, subsequent the full accommodation costs (100%) of the stay, during Winter High Season, will be refunded. Outside of Winter High Season, 100% of the total accommodation costs will be refunded if the booking is cancelled more than two (2) weeks prior to arrival. Cancellation of an accommodation reservation is only validated upon receipt of a reference number or written confirmation from Mrs Labes. The date and time printed on the original reservation offer will serve as the point of reference for all bookings, governing potential, partial reimbursement. This shall not apply with the breach of obligation of Mrs Labes to take into account the rights, objects of legal protection and interests of the customer, if holding to the contract is no longer reasonable or another statutory or contractual cancellation right exists. For the avoidance of doubt, any cancellation or amendment of the booking after the aforementioned due dates (Winter High Season less than six (6) weeks prior to arrival, outside of Winter High Season less than two (2) weeks prior to arrival), and any non-arrival or early departure will result in a non-reimbursement of the down payments and of any payments made by the customer until the respective date.
In case of a No Show, 100% of the agreed price and 30% of the damage deposit becomes due. The customer's right of cancellation shall expire if he does not exercise his cancellation right in writing vis-à-vis Mrs Labes by the agreed date, as long as Mrs Labes is not in default or an impossibility of performance by Mrs Labes is on hand.
Residences Availability, Delivery and ReturnCheck-In time at the Residences is from 3pm (CET) daily. Early check-in (i.e. before 3pm) can be requested and offered subject to availability.
Checkout time at the Residences is until 12pm (CET) daily. Late checkout (i.e. after 12pm) can be requested and offered subject to availability. For a late checkout, on the grounds of the delayed vacating of the house for use exceeding the contractual time, Mrs Labes may charge 50 % of the full accommodation rate (list price) for the additional use of the house until 6:00 p.m. (after 6:00 p.m.: 100 %). It is at Mrs Labes discretion to claim any loss incurred in excess thereof to the extent as such loss can be proven. Mrs Labes shall act to remedy such upon knowledge thereof or upon objection without undue delay by the customer. The customer shall be obliged to undertake actions reasonable for him to eliminate the disruption and to keep any possible damage at a minimum.
Mrs Labes reserves its discretionary right to allocate comparable Residences in exchange for those originally booked.
Liability of the Chalet MaldeghemThe customers are personally responsible for all costs related to their stay and liable for any and all damage caused to the Residences or any other property. Mrs Labes shall be entitled to charge the customers for all costs and damages caused to the Residences or any other property. If disruptions or deficiencies occur in the services of Mrs Labes, she will work towards ensuring remedies upon the immediate complaint by the customer. If the customer fails to immediately report disruptions or deficiencies to the Mrs Labes, the customer will forfeit the right to a reduction of the contractually agreed payment. The customer is obligated to cooperate to a reasonable extent to keep any harm as minimal as possible.
Mrs Labes is liable to the customer for objects brought to the property pursuant to the statutory provisions, i.e. for up to CHF 1,000.00 provided that the Chalet is not accountable for fault. Liability claims will expire if the customer does not report any loss, destruction or damage to Mrs Labes immediately upon discovery. For the rest, the statutory provisions apply regarding Mrs Labes liability, whereas Mrs Labes liability is limited to gross negligence and intent, to the legally permissible extent.
If the customer is provided a parking space in Mrs Labes or parking lot, also against payment, no contract for safekeeping will thereby be established. Mrs Labes does not have a duty of surveillance. Mrs Labes is not liable for any loss or damage to vehicles parked or maneuverer on her premises and neither their contents. Mrs Labes does not accept any liability in connection with services or activities that are performed by third parties and which are arranged through her.