1. SCOPE

These General Terms and Conditions (“Terms and Conditions”) form an integral part of all contracts between a guest or a group (“Customer”) and La Siala AG (as the owner and operator of the Hotel Restaurant La Siala Falera (“Hotel Restaurant La Siala”), which include the rental of premises and related deliveries and services.

2. CONCLUSION OF CONTRACT

2.1. Acceptance
The contract is deemed concluded when a customer’s request has been accepted in writing by the Hotel Restaurant La Siala. The electronic reservation confirmation of Hotel Restaurant La Siala is considered as acceptance.

2.2. Amendments
Changes to the contract or the terms and conditions must be in writing; any terms and conditions of the customer will not apply.

3. CUSTOMER SERVICES

3.1. Prices
The prices result from the contract (reservation confirmation) and are in Swiss Francs (CHF) incl. VAT and taxes. The published prices are not binding. Without other arrangements, meals are not included in the rates.

3.2. Forms of payment
The payment methods accepted are American Express,  Mastercard, Visa, Maestro, Postcard, TWINT, Lunch-Check and cash. Cheques are not accepted. The bank account details are as follows:

Bank: Raiffeisenbank Surselva, CH-7130 Ilanz
IBAN No .: CH41 8080 8007 6061 7957 9

3.3. Deposit
Hotel Restaurant La Siala is free to request a reasonable deposit or credit card details. Upon expiry of the agreed deposit period, the Hotel Restaurant La Siala can either withdraw from the contract without a period of grace or retain the contract.

3.4. Due date
Hotel Restaurant La Siala is free to charge any claim at any time and to demand immediate payment. Invoices without a due date are due within 10 days of invoicing without discounts. Outstanding bills are to be paid at the latest on departure by the customer, unless otherwise agreed.

3.5. Permitted use of the premises
The commercial use of premises of the Hotel Restaurant La Siala by a customer requires the prior written approval of the Hotel Restaurant La Siala. If use is subject to public or private licensing or reporting obligations, these must be fulfilled by the customer. Hotel Restaurant La Siala assumes no liability for missing or invalid permits or notifications.

4. COMPENSATION OF HOTEL RESTAURANT LA SIALA

4.1. General
The Hotel Restaurant La Siala is obliged to lease the agreed premises (subject to Section 6.2 (d)) and the related agreed deliveries and services.

4.2. Additional Services
If the customer desires services and / or deliveries that are not offered by the Hotel Restaurant La Siala, then the Hotel Restaurant La Siala acts only as a mediator of the corresponding services. These services and / or deliveries are not subject to these terms and conditions. The Hotel Restaurant La Siala does not assume liability.

5. CHECK-IN / CHECK-OUT

5.1. General
The hotel rooms are available from 3pm and are available until 11am on the customer’s day of departure.

5.2. Different agreements
(a) Early check-in or late check-out may be arranged with the Hotel Restaurant La Siala if the rooms or apartments are available. The following costs are incurred:

Early check-in before 11 am: 100% of the current room rate. Late check-out after 5 pm: 100% of the current room rate. Late check-out until 5 pm: 50% of the current room rate.

(b) If a customer occupies the hotel room longer than under paragraph 5.1 or 5.2, the customer shall pay the amounts specified in Section 5.2 (a).

6. CANCELLATION PROVISIONS

6.1. Cancellation by the customer (individual guest)
(a) If a customer does not claim the contractually agreed service or surrenders it prematurely, the following cancellation costs with apply:

Winter season (December to April)
If a reservation is completely cancelled, the following conditions apply:
Free cancellation up to 15 days before arrival date.
14 or less days before the arrival date, 100% of the package price will be charged.
For no-show 100% of the package price will be charged.

Summer season (June to October)
If a reservation is completely cancelled, the following conditions apply:
Free cancellation up to 8 days before arrival date.
7 or less days before the arrival date, 100% of the package price will be charged.
For no-show 100% of the package price will be charged.

(b) This rule also applies to late arrivals or early departures. If we succeed in renting the room again, the cancellation fees will not apply.

(c) Cancellations must always be made in writing by the customer.

(d) The deposit made in accordance with Section 3.3 shall be offset against the cancellation costs.

(e) For all cancellations, the services provided in advance by Hotel Restaurant La Siala (and any third parties) must always be paid for in full by the customer.

6.2. Cancellation by the Hotel Restaurant La Siala
(a) The Hotel Restaurant La Siala is entitled to terminate the contract without notice and without further notice if the contract has been concluded under false or misleading information about the customer or the purpose and content of an event or stay or the premises are not used in accordance with the contract.

(b) Hotel Restaurant La Siala shall be entitled to withdraw from the contract for a materially justifiable reason, in particular if: force majeure or other circumstances for which the Hotel Restaurant La Siala is not responsible make fulfillment of the contract impossible; or the Hotel Restaurant La Siala has reasonable cause that the use of the hotel services by the customer can jeopardise the smooth operation, security or reputation of the Hotel Restaurant La Siala.

(c) In case of justified withdrawal of the Hotel Restaurant La Siala no claim of the customer for compensation for damages arises.

(d) If the agreed room category is not available for reasons other than those mentioned in (b), Hotel Restaurant La Siala is entitled to offer the customer a room or apartment of a different category. If the customer does not agree, both parties are entitled to withdraw from the contract without further claims. There is no claim on the part of the customer for a higher room category.

6.3. Cancellation by the customer (groups)
(a) If a customer does not claim the contractually agreed service or surrenders it prematurely, the following cancellation costs with apply:

If a reservation is completely cancelled, the following conditions apply:
up to 60 days before arrival: cancellation free of charge
60-31 days before arrival date: 25% of the package price will be charged
30-15 days before arrival date: 50% of the package price will be charged
14 or less days before the arrival date: 100% of the package price will be charged
For no-show: 100% of the package price will be charged

(b) This rule also applies to late arrivals or early departures. If we succeed in renting the room again, the cancellation fees will not apply.

(c) Cancellations must always be made in writing by the customer.

(d) The deposit made in accordance with Section 3.3 shall be offset against the cancellation costs.

(e) For all cancellations, the services provided in advance by Hotel Restaurant La Siala (and any third parties) must always be paid for in full by the customer.

The exact number of participants will be communicated to us no later than 14 days before arrival. We tolerate a deviation of the reserved rooms from 5% to 3 days before arrival. A further reduction will be charged in accordance with the above conditions.

7. DATA PROTECTION

We can not assume any liability for the security of data transmission on the Internet, in particular there is a risk of third-party access when transmitting data by e-mail. Use of the published contact information by third parties for advertising purposes is hereby expressly repudiated. The operator reserves the right to take legal action in the event of unsolicited advertising- or sharing of information. Should individual regulations or forms of this disclaimer be or become invalid, the remaining regulations remain unaffected in their content and their validity.

8. LIABILITY

8.1. The customer
The customer is liable to the Hotel Restaurant La Siala for all damage, loss or other damage caused by him/herself or by a third party for which the customer is responsible or was commissioned by him.

8.2. The hotel
(a) Hotel Restaurant La Siala shall not be held liable for any contractual or non-contractual damages, whether caused by slight or indirect negligence. In particular, it is not liable for indirect damages, lost profits or other consequential damages. The liability for auxiliary persons of the Hotel Restaurant La Siala is, as far as legally permissible, excluded for any fault.

(b) Should the customer be injured or not be satisfied with the services of the hotel and restaurant, he must inform Hotel Restaurant La Siala in any event and without delay, otherwise no rights can be derived.

(c) All claims against the Hotel Restaurant La Siala expire 3 months after departure, unless the mandatory statutory provisions stipulate longer periods.

9. PETS

Pets are allowed except in the bar, restaurant, play room and spa. For special cleaning of the hotel room, the Hotel Restaurant La Siala charges an additional fee of CHF 15.00 per night and pet (without food). In addition, Hotel Restaurant La Siala reserves the right to charge the customer for any damage caused by pets.

10. SAUNA- AND BATHINGAREA

(a) Dress code
There is the possibility to change in the changing area. In the pool area swimming clothes are required. The entire sauna area is a nude zone.

(B) Sauna
The use of the sauna is not allowed under the age of 18 years.

(c) Rest zone
Access to the relaxation room is not permitted under the age of 18. The relaxation room and sauna is considered a rest area. Hotel Restaurant La Siala reserves the right to notify persons failing to comply with this policy and ask them to leave the rest area.

(d) Play room
Two playrooms are available for the children. Use at your own risk. Parents are responsibel for their children. The playroom in the main house is under video surveillance.

11. FINAL PROVISIONS

11.1. Invalid clauses
Should individual provisions of the contract or of these terms and conditions be or become invalid, ineffective or unenforceable, the remainder of the contract or the terms and conditions shall not be affected thereby. In the case of the nullity, ineffectiveness or impracticability of a provision, this shall be replaced by a new provision whose purpose comes closest to the original purpose of the void, ineffective or unenforceable provision. The same procedure must be followed when a gap becomes apparent.

11.2. Change reservation
All changes or additions to these terms and conditions require a form that allows proof by text, such as fax and e-mail.

Hotel Restaurant La Siala reserves the right to change these terms and conditions at any time. The valid  version of the terms and conditions at the time of conclusion of the contract applies.

11.3. Applicable Law and Jurisdiction
This contract is governed exclusively by substantive Swiss law. As exclusive Jurisdiction, the parties agree to the headquarters of the Hotel Restaurant La Siala.

The contracting party or the organiser confirms by his/her signature that he/she is aware of the content of these general terms and conditions and agrees to their full validity. Hotel and restaurant guests agree with the terms and conditions of Hotel Restaurant La Siala by booking a room or table reservation.

For further information:
Stephanie Kern, Managing director, La Siala AG, Tel .: 081 927 22 22, info@lasiala.ch, www.lasiala.ch

La Siala AG, Via Principala 2, 7153 Falera

Falera, 20th July 2018