GENERAL TERMS AND CONDITIONS (GTC)

GENERAL TERMS AND CONDITIONS (GTC)

  1. Scope of application

These General Terms and Conditions (hereafter referred to as GTC) shall apply to the rental of rooms and/or conference and banquet facilities as well as to all other related services and supplies provided by Budget Motel or Budget Motel GmbH (hereafter referred to as Budget Motel) to clients (hereafter referred to as event organizers). All offers of Budget Motel are based on these GTC. They form an integral part of every contract. Changes to these GTC require an explicit written agreement between the parties. This also applies to the cancellation of the written form requirement. Should the present GTC contradict any contractual conditions of the organizer, the present GTC take precedence.

 

  1. Conclusion of contract

After the reservation by the organizer, he receives a written reservation confirmation from the Budget Motel (by e-mail or letter). The contract between the parties is only concluded with this written reservation confirmation from the Budget Motel to the organizer.

 

  1. Services, payments and prices

3.1             Budget Motel is obliged to provide the services ordered by the organizer and confirmed in writing by Budget Motel.

3.2             All prices are in Swiss francs (CHF) and include the statutory value added tax (VAT).

3.3             The Budget Motel is authorized to request a suitable deposit. The amount of the deposit and the payment dates will be agreed in the contract in written form. If the organizer doesn't fulfill his obligation to pay the deposit in due time, the Budget Motel is authorized to cancel the contract after setting a reasonable extension period. The organizer is liable to the Budget Motel for the resulting damage.

3.4             If no deposit is requested by the budget motel, the entire invoice amount has to be paid by the organizer by credit card or in cash at the latest at the time of departure. If payment by invoice is agreed, the entire invoice amount is due 30 days after the invoice date. In case of late payment, the Budget Motel is authorized to charge penalty interest in the amount of 5 %, as well as to charge possible debt collection costs.

 

  1. Liability

4.1             The organizer is liable to the Budget Motel for all damages and losses or other injuries caused by himself, his employees, his agents, his event participants or other third parties. Budget Motel declines (subject to clause 4.3) any liability for theft and damage of objects brought in by the organizer, event participants or third parties. The insurance of exhibition objects as well as other objects brought in by the organizer, event participants or third parties is the responsibility of the organizer. The Budget Motel can request proof of sufficient insurance from the event organizer at any time. Budget Motel is free to refuse its services until the organizer can provide proof of adequate insurance.

4.2             The organizer is obliged to maintain silence and order. He undertakes to fully indemnify the Budget Motel against all civil and public law claims raised against the Budget Motel by authorities or third parties (including event participants, guests or employees and contractual partners of the organizer) due to his event or to pay for all corresponding claims.

4.3             The Budget Motel is liable for its own behavior only in case of intentional or grave negligent contractual or non-contractual damage. Any further liability, especially in case of slight or medium negligence is excluded.

4.4             The Budget Motel is liable for its assistants only in case of intentional or grave negligent damage and for direct damage. Any further liability, especially in case of slight or medium negligence as well as liability for indirect damages, is excluded. Indirect damages in the sense of these GTC are in particular loss of profit and pure financial damages.

4.5             In case of arrangement of external services, Budget Motel does not assume any liability for the service ordered by the organizer.

 

  1.        Resignation of the Budget Motel

5.1             Budget Motel can withdraw from the contract without giving reasons, as long as the organizer is entitled to withdraw according to paragraph 6.

5.2             If the services contractually to be rendered by the Budget Motel are made difficult or impossible by higher force (according to Swiss understanding in particular natural disasters such as storm winds, floods or earthquakes as well as fire, hostage-taking, war, riots, nuclear & reactor accidents, strikes, pandemics and epidemics, unforeseeable official restrictions etc.. ) or other circumstances for which Budget Motel is not responsible, in whole or in part, is significantly impeded or impossible, Budget Motel may withdraw in whole or in part without compensation to the extent of the part of the contract not yet fulfilled.

5.3             The Budget Motel shall also be entitled to withdraw without compensation if there is reasonable cause to believe that the event may compromise the proper operation of the business, the security or the reputation of the Budget Motel in the public or if the event organizer violates paragraph 12 of these GTC. Any claims for damages of Budget Motel against the organizer are expressly reserved.

 

  1.     Withdrawal of the organizer

6.1             The withdrawal of the organizer is basically based on the conditions of cancellation according to paragraphs 9 of these GTC.

6.2             If cancellation is excluded in accordance with paragraphs 9 of these GTC and if it is impossible for the organizer as a result of force majeure (according to Swiss understanding, in particular natural disasters such as storm winds, floods or earthquakes as well as fire, hostage-taking, war, riots, nuclear & reactor accidents, strikes, pandemics and epidemics, unforeseeable official restrictions, etc.),  makes it impossible to obtain the agreed services, it may withdraw from the contract against payment of the services already performed and payment of 50% of the services not yet performed.

6.3             The price according to the reservation confirmation (incl. VAT) is decisive for the calculation of the cancellation costs of the individual services according to section 6.2 above. 

Rooms

 

  1. Arrival and departure times

7.1             The hotel rooms are ready for occupancy from 13.00 the day of arrival and must be checked out before 11.00 the day of departure.

 

  1. Group bookings / room contingents

8.1             At the latest 3 days before arrival, Budget Motel has to receive a definitive list of participants ("List of Participants") from the organizer for group bookings of 5 rooms or more (hereafter "Group Bookings") with the following information:

  • First and last names of the guests
  • Terms of payment of the guests

If the organizer has booked a room contingent and this is not completely exhausted by the reported list of participants (or if no list of participants is reported in due time), the still available rooms of the respective contingent will be released for open sale again.

 

  1. Cancellation conditions hotel room

9.1             Cancellation of a reservation of hotel rooms must be communicated to Budget Motel as early as possible and in writing. The following cancellation conditions apply both to the cancellation of reservations and in case of unannounced no-show as well as in case of early departure.

9.2             Cancellations of individual hotel rooms (up to a total of 4 rooms) must reach the Budget Motel no later than 11:00 am (local time) the day before arrival. In case of later cancellation, the room rate for one night will be charged. For long-stay bookings for stays longer than 10 nights, the cancellation period is 3 days. In case of no-show or early departure, Budget Motel reserves the right to charge the full amount of unclaimed room nights.

9.3             Cancellation of a group booking (of 5 rooms and more or also individual rooms of the group booking must reach Budget Motel at the latest as follows (basis of calculation is the maximum number of booked rooms on one of the days of stay according to the reservation confirmation; a subsequent reduction of the number of rooms is not taken into account):

  • 1 to 4 rooms: 1 day before arrival
  • 5 to 20 rooms: 3 days before arrival
  • from 21 rooms: 5 days before arrival

In case of cancellation of the whole or part of the group booking after the above mentioned deadlines, the organizer will be charged cancellation costs as follows (the basis of calculation is the maximum number of rooms booked on one of the days of stay according to the reservation confirmation; a subsequent reduction in the number of rooms will not be taken into account):

1 till 4 rooms:

  • Less than 24h before arrival: 100 % of the total amount of the roomnights affected by the cancellation according to the reservation confirmation

5 to 20 rooms:

  • Less than 72h before arrival: 50% of the total amount of the roomnights affected by the cancellation according to the reservation confirmation
  • Less than 24h before arrival: 100% of the total amount of the roomnights affected by the cancellation according to the reservation confirmation.

From 21 rooms:

  • 5 to 1 day before arrival: 50% of the total amount of the roomnights affected by the cancellation according to the reservation confirmation
  • Less than 24h before arrival: 100 % of the total amount of the roomnights affected by the cancellation according to the reservation confirmation

Budget Motel can reduce the cancellation charges at its convenience, provided that Budget Motel can re-rent the rooms at least at the same price.

9.4             Cancellation of the booking of one or more long-stay rooms/studios must reach the Budget Motel at least 3 days before arrival. In case of cancellation after this deadline, the booker will be charged cancellation costs as follows (the basis of calculation is the maximum number of booked rooms on one of the days of stay according to the reservation confirmation; a subsequent reduction of the number of rooms will not be taken into account):

  • 3 to 1 days before arrival: 50 % of the total amount of the roomnights affected by the cancellation according to the reservation confirmation
  • Less than 24h before arrival: 100 % of the total amount of the roomnights affected by the cancellation according to the reservation confirmation

9.5             For all cancellations, it also applies that services provided in advance by Budget Motel and its partners are to be paid in full in any case.

 

  1.        Rebooking by the Budget Motel

10.1          If the Budget Motel cannot provide the organizer with one or more booked rooms for any reason, the Budget Motel will provide the organizer with an equivalent room. If no equivalent room is available, the Budget Motel will provide the organizer with an available room of another category.

 

 

  1. Fire regulations / other Safety regulations / attachment of decorative materials

11.1           Rules of the Budget Motel, in particular keeping escape routes free, smoking prohibition, etc., must be followed. Also attached decoration material by the guest must comply with the fire regulations.

11.2           The guest is also responsible for guaranteeing that no more people are admitted than the capacity of the room in question. The maximum numbers indicated by the Budget Motel are binding. In case of violation, the Budget Motel declines any liability.

 

  1. Printing / media advertisements

12.1          The use of logos/images of the Budget Motel in any form by the organizer always requires prior written consent. If publication takes place without the corresponding consent, the Budget Motel is authorized to withdraw from the contract. The organizer is liable to Budget Motel for any resulting damage.

  

  1. Animals

13.1          Budget Motel does not accommodate animals(dog, cat, etc.)

 

 

  1. Applicable law / jurisdiction

14.1          The contract is governed exclusively by Swiss law. Place of performance and jurisdiction is Zurich. Should individual provisions of these GTC be invalid, this will not affect the validity of the remaining provisions. In such a case, the legally ineffective provision will be replaced by a similar, but effective provision.

Zürich, January 2021