General Terms and conditions of booking Gstaad Saanenland Tourism

GST shall arrange Accommodation in the name of and on behalf of the respective Accommodation Provider (third-party provider). GST shall confirm bookings in the name of the selected Accommodation Provider. A contract shall be concluded between the guest and the Accommodation Provider upon confirmation by GST, and shall be binding for the guest. In placing a booking, the guest shall be deemed to have recognised the contractual terms and conditions of the Accommodation Provider along with these General Booking Terms and Conditions and General Contractual Terms and Conditions of GST.

The Accommodation may only be occupied by the number of persons indicated in the listing. Children and babies shall be included in the calculation (unless specified otherwise in the listing). Accommodation Providers are entitled to instruct any excess persons to vacate the Accommodation and, in the event of any refusal, to terminate the contract without any reimbursement of the price. Facility rules must be complied with.

Activities, equipment hire, tickets etc. shall be arranged exclusively by GST. Guests shall conclude a contract directly with the respective service provider (third-party services). The general contractual terms and conditions of the third-party provider shall be applicable.

Activities falling under the Saanis family programme are carried out predominantly by third-party providers and GST is involved exclusively as a broker. A contract shall be concluded directly between the participants and the respective service provider.

Under exceptional circumstances, GST may arrange and provide services itself under its own responsibility. This will be expressly indicated in the respective listing.

Individual services are liable to change at any time due to objective reasons (e.g. weather, safety and security, as well as organisational reasons), i.e. both before the start of and during the activity. No further demands or claims may be made against GST or the third-party providers.

GST recommends that insurance cover for accident and illness be reviewed and that additional insurance cover be taken out if appropriate.

It is recommended that comprehensive accident insurance that also covers the activities booked is taken out in the event of participation in sporting activities etc.

The prices displayed are in Swiss francs. GST accepts exclusively payments in Swiss francs. Any bank and transfer charges must be paid by the guest.

The following payment terms are applicable:

For bookings of holiday flats and bed & breakfast rooms:

• Advance payment: 40% of the cost of the stay (or the full amount if lower than CHF 300.00), payable within 14 days of the issue of an invoice. The advance payment will be charged immediately at the time of the booking in the event of advance payment by credit card. Additional cancellation cost insurance (optional). A booking fee of CHF 10.00 will also be charged for bookings of holiday flats not placed online.
• The residual amount is payable at the latest 45 days prior to departure.
• If the booking is made fewer than 75 days prior to departure, the full amount will be payable without any deduction upon receipt of the booking confirmation, and will be charged to the credit card provided or via TWINT.
• For some holiday flats, a cash deposit must be lodged in Swiss francs upon arrival; see the Deposit section.
• If the payment is not made on time, following expiry of a short grace period GST shall be entitled to cancel the booking and charge any cancellation costs on behalf of the contractual party.

For bookings of hotel rooms:

Information concerning payment arrangements can be found in the relevant listing: 

Collection by GST:

• Advance payment of 40% of the full amount (or the full amount if lower than CHF 300.00) in addition to cancellation cost insurance (optional): payable within 14 days of the issue of an invoice.
• The residual amount is payable at the latest 45 days prior to departure.
• If the booking is made fewer than 75 days prior to departure, the full amount will be payable without any deduction upon receipt of the booking confirmation, and will be charged to the credit card provided or via TWINT.
• If the payment is not made on time, following expiry of a short grace period GST shall be entitled to cancel the booking and charge any cancellation costs on behalf of the hotel.

Collection by the hotel:

• The guest’s credit card details may be requested as a guarantee for the booking. If the guest concludes the optional cancellation cost insurance, GST will charge the insurance premium to the guest’s credit card. The guest’s credit card details will be transmitted to the hotel.
• The hotel services booked shall be paid for upon arrival at the hotel.
• In the event that the booking is cancelled or of a no-show, the hotel reserves the right to charge the guest’s credit card for up to 100% of the total booking amount. Further details are set out in the cancellation terms.

For bookings of activities, equipment hire, tickets etc.:

Collection by GST:

• The full amount shall be payable within 14 days of receipt of the invoice.
• If the booking is made fewer than 75 days prior to the activity or if the booking relates to services not provided on a specific date, the full amount will be charged to the credit card (or TWINT) at the time of the booking.

Collection by third-party providers:

• The services booked shall be paid for directly to the third-party provider. The payment terms and payment periods of the third-party provider indicated in the listing for the service concerned and in the booking confirmation shall be applicable.

The following charges will be imposed in the event that a contract is cancelled by the guest:

For bookings of holiday flats:

• In the event of cancellation more than 60 days prior to departure, or if the holiday flat can be provided to another occupant according to the same conditions (identical duration and price): no cancellation costs. The premium for any (optional) cancellation cost insurance taken out as well as the booking fee of CHF 10.00 for bookings not made online will still be payable. Accommodation Providers are not subject to any duty to make particular efforts to secure alternative occupants.
• The following cancellation costs shall be payable if the holiday flat cannot be provided to an alternative occupant 59 or fewer days prior to arrival:
• Cancellation between 59 and 30 days prior to arrival: 40% of the booking total (excluding bed linen and final cleaning, where indicated separately in the invoice), in addition to the premium for any cancellation cost insurance taken out, and the booking fee of CHF 10.00 for bookings not made online.
• Cancellation between 29 and 0 days prior to arrival, or no-show: the full booking total (excluding bed linen and final cleaning, where indicated separately in the invoice) shall be payable and any additional charges will be invoiced to the guest.
• If the holiday flat can only be provided to an alternative occupant 59 or fewer days prior to arrival according to less favourable terms and the booking total payable by the alternative occupant (excluding bed linen and final cleaning, where indicated separately in the invoice) is lower than the percentage figures mentioned above, the difference shall be payable as cancellation costs.

Any reimbursement shall only be paid after the end of the holiday period booked or respectively the period of alternative occupancy.

For bookings of hotel and bed & breakfast rooms:
The cancellation terms indicated in the listing for the service concerned and in the booking confirmation shall be applicable. The following terms shall apply in the event that the hotel or the bed & breakfast respectively has not published its own cancellation terms:

Collection by GST:

• In the event of cancellation more than 14 days prior to departure, or if the room can be provided to another occupant according to the same conditions (identical duration and price): no cancellation costs.
  The premium for any cancellation cost insurance taken out will still be payable.
• Cancellation between 13 and 0 days prior to arrival, or no-show: if the room can only be provided to an alternative occupant according to less favourable terms and the booking total payable by the alternative occupant is lower, the difference shall be payable as cancellation costs.
• Cancellation between 13 and 0 days prior to arrival, or no-show: If the room cannot be provided to an alternative occupant, the full booking amount shall be payable in its entirety and any additional charges will be invoiced to the guest.

Any reimbursement shall only be paid after the end of the holiday period booked or respectively the period of alternative occupancy.

Collection by the hotel (only applicable for hotel bookings):

• In the event of cancellation more than 14 days prior to departure, or if the room can be provided to another occupant according to the same conditions (identical duration and price): no cancellation costs.
  The premium for any cancellation cost insurance taken out will still be payable.
• Cancellation between 13 and 0 days prior to arrival or no-show: if the room can only be provided to an alternative occupant according to less favourable terms and the booking total payable by the alternative occupant is lower, the difference shall be payable as cancellation costs.
• Cancellation between 13 and 0 days prior to arrival, or no-show: If the room cannot be provided to an alternative occupant, the full booking amount shall be payable in its entirety and any additional charges will be invoiced to the guest.

For bookings of activities, equipment hire, tickets etc.:
The cancellation terms and the general terms and conditions of business of the relevant third-party provider shall be applicable.

Early departure, curtailment of trip:
The full price shall be payable in the event of early departure or curtailment of the trip. Any services not used will not be reimbursed.

Computation of periods:
The relevant point in time for the purpose of the computation of periods shall be the time of receipt of the notice by GST or the respective contractual party during ordinary office hours. Any notice received on a Saturday, a Sunday or a general public holiday in the Canton of Bern shall be deemed to have been received on the next working day. This shall also apply to notices sent by email, answerphone messages etc.

Cancellation cost insurance:
GST recommends that guests take out cancellation cost insurance, which will cover the cancellation costs in the event of any cancellation falling within the scope of the insurance policy.

NB:
there is no right of withdrawal from tourist services and no right to cancel such services free of charge where the dates of service provision have been agreed upon or the services can be received within an agreed period.

Any guest who is not satisfied with the services provided or who has suffered any loss must contact the contractual party (Accommodation Provider etc.) promptly and request a remedy. The further course of action and the rights of the guest are determined in accordance with the contractual terms and conditions of the guest’s contractual party.

If the contractual party cannot be contacted or does not offer a (sufficient) remedy, the guest may contact GST (tel. +41 33 748 81 81, email: info@gstaad.ch). GST will contact the service provider on behalf of the guest in order to find a solution. The guest’s contractual party bears sole responsibility for rectifying the defect, making good the loss etc.

GST expressly draws the attention of guests to the fact that defects, losses or inadequate contractual performance must be reported as quickly as possible to the contractual party in order to enable it to remedy the issue. It is possible that all rights may be lost if the contractual party is not informed or is not informed as quickly as possible.

Providers of Accommodation and other activities reserve the right to make changes to their services if so required by force majeure, natural events, unforeseen or unavoidable events, governmental action, etc. The service provider concerned will endeavour to provide appropriate alternative services. If appropriate alternative services are not possible, the service provider may cancel the contract and any amounts already paid shall be reimbursed. Insurance premiums will not be repaid or respectively will still be payable. The foregoing is without prejudice to other claims. The amount paid will not be reimbursed if the guest rejects an appropriate alternative service. The foregoing is without prejudice to any terms specifying otherwise in the (general) contractual terms and conditions of the respective provider. 

Providers of holiday flats may charge a deposit at the time the keys are handed over, which shall also be indicated in the service description and in the voucher. The deposit is payable in cash in Swiss francs. It is intended as a guarantee for any services payable in situ, such as e.g. firewood, damages claims and any increased cleaning costs. The deposit shall be used to settle any such amounts at the time the keys are returned and any residual balance shall be repaid to the guest, provided that the necessary details have been furnished. Any claims of Accommodation Providers shall not be limited to the amount of the deposit.

The guest (contractual party) along with any travelling companions and visitors must use the hotel room etc. with care and comply with the facility rules. Any damage caused by guests, travelling companions or visitors must be paid for in full. Any damage must be reported to the hotel, bed & breakfast, Accommodation Provider etc. or its representative without undue delay, at the latest upon departure.

The guest (contractual party) shall be liable to the Accommodation Provider and other service providers etc. for any damage caused by travelling companions or visitors.

Guests must take out liability insurance.

Service providers shall be directly liable to guests and travelling companions in accordance with their own general terms and conditions of business.

GST shall not incur any liability for auxiliary agents, Accommodation Providers, providers of activities, booking systems, partner platforms and minor negligence.

These provisions on liability shall apply to liability under contract, tort and quasi contract. Liability under contract or quasi contract cannot give rise to more extensive liability than that under contract.

GST is subject to Swiss data protection rules (Swiss Federal Act on Data Protection and the respective implementing provisions).

GST shall process the personal data transmitted to it in accordance with statutory requirements and, where necessary, transmit such data to service providers and/or holders of keys for the purpose of proper contractual performance (including first name and surname, address, telephone number, email, date of birth and also, for activities and/or equipment hire, the necessary information concerning the person making the booking and, where necessary, any travelling companions, services booked, and for hotel rooms also credit card details). Accommodation Providers may be obliged according to law or governmental directives to disclose data to the authorities and to third-party companies instructed by them. Further information concerning data protection can be obtained on our website www.gstaad.ch and from companies with which bookings are made. 

All legal relations between guests and GST shall be governed by substantive Swiss law, and the UN Convention on Contracts for the International Sale of Goods (“CISG”) shall not be applicable.

It is agreed that the exclusive place of jurisdiction shall be Thun.

This choice of law and stipulation concerning jurisdiction is without prejudice to any mandatory provisions of applicable laws and international agreements, i.e. that cannot be set aside by contract.

Gstaad Saanenland Tourismus delivers orders to customers exclusively to delivery addresses within Switzerland. Delivery shall occur by Swiss Post to the delivery address indicated in the order. Any shipping costs shall be indicated separately during the order process.

GST reserves ownership of the goods until the purchase price has been paid in full. 

Prices are indicated in Swiss francs and include Swiss value added tax. If an order is placed online, the full amount will be charged to the credit card or via TWINT. If an order is placed over the telephone, payment by invoice is also possible. The full amount is payable within 14 days of the issue of the invoice. Items will only be shipped by the shop after payment has been received.

Shipping costs are not contained in the product price and will be added to the basket automatically as a separate item. 

There is no right of return, except in relation to defective or damaged items. The buyer is obliged to send these back within ten days. The confirmation must be enclosed in order to enable GST to issue a credit for the items returned immediately. Address for returns:

Gstaad Saanenland Tourismus
Promenade 41
CH-3780 Gstaad

No damages claims may be brought on account of mistakes within images, prices or text or due to late delivery or non-delivery. GST shall not incur any liability for any transport companies such as e.g. Swiss Post.

The data necessary for the execution of the transaction will be used during the course of order processing. Further information concerning data protection can be found at https://www.gstaad.ch/en/privacy.

Swiss law shall apply, and the UN Convention on Contracts for the International Sale of Goods (“CISG”) shall not be applicable.

It is agreed that the exclusive place of jurisdiction shall be Thun.

This choice of law and stipulation concerning jurisdiction is without prejudice to any mandatory provisions of applicable laws and international agreements, i.e. that cannot be set aside by contract.