GENERAL TERMS AND CONDITIONS
LA VAL HOTEL&SPA
Scope of Application
These General Terms and Conditions (hereinafter “GTC”) apply to the provision of rooms and/or conference and banquet facilities as well as to all related additional services and deliveries of Bergspa Hotel LA VAL or Brigels Gastro AG (hereinafter referred to as “BGAG”) to guests and event organizers (hereinafter “Contracting Party” or “Organizer”). They form an integral part of each individual contract between BGAG and a Contracting Party or an Organizer. Any deviations from these GTC shall require an express agreement in order to be valid. Should these GTC conflict with any general terms and conditions of a Contracting Party or Organizer, these GTC shall take precedence and apply exclusively.
Hotel bookings, restaurant, spa
This part of the GTC governs the contractual relationship between the Contracting Party as hotel guest and BGAG.
1. General
1.1 Conclusion of Contract
The contract between BGAG and the Contracting Party shall only come into effect upon receipt by BGAG of the reservation confirmation countersigned by the Contracting Party. Until that time, BGAG reserves the right to allocate provisionally reserved rooms and/or premises otherwise.
1.2 Services, Payments and Prices
BGAG undertakes to provide the services ordered by the Contracting Party and confirmed in writing by BGAG. All prices are quoted in Swiss francs (CHF) and include statutory value added tax (VAT) at the applicable rate.
BGAG is entitled to request an appropriate deposit at any time. If the Contracting Party fails to comply with its obligation to make the deposit within the specified period, BGAG shall be entitled, after granting a reasonable grace period, to withdraw from the contract. The Contracting Party shall be liable to BGAG for any resulting damage.
If no deposit is requested by BGAG, the full invoice amount must be paid by the Contracting Party no later than at departure by credit card (Twint, Mastercard, VISA, American Express), debit card (EC/Maestro, Postcard), or in cash. If payment by invoice is agreed, the full invoice amount is due 10 days after the invoice date. In the event of late payment, BGAG is entitled to charge default interest of 5% p.a.
2. Liability
2.1 Limitation of Liability
The Contracting Party shall be liable to BGAG for all damage and losses caused by it or by accompanying persons. BGAG accepts no liability for theft of or damage to items brought in by the Contracting Party or accompanying persons. This also applies to vehicles parked in the hotel parking areas or in the hotel underground garage.
BGAG shall only be liable (contractually and/or non-contractually) in cases of intentional misconduct or gross negligence and only for direct damage. Any further liability is excluded in accordance with Art. 100 of the Swiss Code of Obligations (“CO”). Likewise, liability for auxiliary persons of BGAG is completely excluded pursuant to Art. 101 para. 2 CO.
2.2 Withdrawal from the Contract by BGAG
BGAG is entitled at any time to withdraw from the contract for good cause. Good cause includes, in particular, force majeure or other circumstances beyond BGAG’s control which materially hinder or render impossible the services to be provided, in whole or in part. In such case, BGAG may withdraw from the contract in whole or in part, without compensation, to the extent of the portion of the contract not yet performed.
3. Hotel Rooms
3.1 Arrival and Departure Times
Hotel rooms are available from 3:00 p.m. on the day of arrival and must be vacated by 11:00 a.m. on the day of departure. Late check-outs until 5:00 p.m. are possible subject to availability and for a fee of 25% of the daily rate.
Extra beds, dogs, and underground parking spaces are subject to an additional charge.
3.2 Cancellation Policy
The following cancellation conditions apply in the event of cancellation of bookings, no-show, as well as early departure.
Cancellation of bookings for individual hotel rooms (up to a total of 3 rooms) must be received by BGAG no later than 5 days before the arrival date. Cancellation is free of charge up to 5 days before arrival.
An exception applies during the high season (21 December to 5 January). Cancellation is free of charge up to 21 days before arrival.
In the event of cancellation less than 5 days / during high season less than 21 days before arrival, the total price of the booked service shall be payable as a cancellation fee.
Cancellation of a group booking (from a total of 4 rooms) must be received by BGAG no later than as follows:
Up to 10 rooms: 14 days before arrival
From 11 rooms: 42 days before arrival
In the event of cancellation after expiry of the above-mentioned deadlines, cancellation costs shall be charged to the customer as follows:
| Up to 10 rooms | From 11 rooms |
|---|---|
7 – 13 days before arrival:
From 6 days before arrival: | 21 – 41 days before arrival:
From 20 days before arrival: |
For all cancellations, it also applies that all services already rendered in advance by BGAG and its auxiliary persons must in any case be paid in full.
4. Wellness & Spa / Fitness / Playroom
4.1 Reservation
In order to ensure the availability of therapists, all treatments should, if possible, be booked before the stay.
4.2 Disclaimer of Liability
In the event of any contraindications (such as pregnancy, high blood pressure, or illness), BGAG assumes no liability whatsoever for complications following treatment, unless there is an obvious treatment error on the part of the therapist.
4.3 Dress Code
There is the option to change clothes in the changing area. Keys for the lockable lockers are available at reception. Swimwear is mandatory in the pool area. The entire sauna area is a nude zone.
4.4 Sauna Area
Use of the sauna area is not permitted for persons under 16 years of age.
4.5 Quiet Zone
The spa area is intended as a quiet zone. In the event of non-compliance with this guideline, BGAG reserves the right to ask persons to leave the spa area.
4.6 Children
Access to the indoor and outdoor pool is permitted under parental supervision. Outside splash hours, we place importance on a calm and orderly spa operation. The pools are accessible to children from 8:00 a.m. to 4:00 p.m.
4.7 Fitness Area
A cardio room is available free of charge to hotel guests aged 16 and over. Use is at the guest’s own risk. The person causing any demonstrable damage to equipment shall be liable.
4.8 Playroom
A free playroom is available for children. Use is at the guest’s own risk.
The playroom is not supervised.
4.9 Spa Cancellation Policy
Treatments may be cancelled free of charge up to 24 hours before the appointment. In the event of non-attendance, we reserve the right to charge you for the booked treatment.
4.10 Use of the Wellness Area after Check-Out
Use of the hotel’s own wellness area is free of charge for hotel guests on the day of arrival and during the duration of the stay. After check-out, BGAG reserves the right to charge CHF 20.00 for further use of the facilities.
Seminars, Banquets, Weddings
This part of the GTC governs the contractual relationship between the Contracting Party as Organizer and BGAG.
5. Reservations
5.1 A contract between the Organizer and BGAG shall come into effect if either an offer from BGAG has been confirmed in writing by the Organizer or an inquiry by the Organizer has been confirmed in writing by BGAG.
5.2 Changes to the offered services shall only become binding once they have been confirmed in writing by BGAG.
5.3 Unless otherwise agreed, the acceptance period for offers from BGAG is 14 days. After that, BGAG is no longer bound by the offer. BGAG further reserves the right to withdraw from an offer for good cause before expiry of the acceptance period. BGAG recommends inspecting the offered premises in advance for every reservation.
6. Changes in the Number of Participants and Event Time
6.1 The Organizer is obliged to inform BGAG of changes in the number of participants as early as possible. BGAG shall generally endeavour to reassign unused reservations elsewhere under the same conditions. If successful, no costs shall be charged to the Organizer.
6.2 The exact number of participants must be communicated to BGAG no later than 48 hours before the event. If more participants attend an event than notified, the actual number of participants shall serve as the basis for calculation. BGAG guarantees the provision of the agreed services for up to 5% additional participants under the agreed conditions. If the actual number of participants is higher, BGAG gives no guarantee that all guests will be catered for.
6.3 In the event of deviations in the number of participants by more than 10%, the hotel is entitled to redefine the agreed prices and to provide other premises, provided this is reasonable for the Organizer. The Organizer may not invoke unreasonableness if mandatory circumstances such as official requirements or safety-related reasons require the allocation of other premises.
6.4 In the event of a reduction in the number of participants (seminars and banquets) by more than 10% compared to the confirmed number of participants, BGAG shall charge the following costs for each participant who does not attend:
Up to 60 days before the event: no costs
59 to 30 days before the event: 50% of the agreed services
29 days or less before the event: 100% of the agreed services
If individual services had not yet been specified at the time the number of participants was changed, a lump sum of up to CHF 500.00 per person may be charged.
In the event of a reduction in room bookings, the provision under clause 3.3 shall apply.
6.5 The Organizer shall provide BGAG with all information required for the smooth execution of the event no later than 10 days before the event.
6.6 If the agreed start and end times of the event are postponed, BGAG may charge the resulting costs. This shall not apply if BGAG is responsible for the postponement.
7. Booking of Hotel Rooms
7.1 The need for hotel rooms in connection with an event must be communicated to BGAG no later than 10 days before the event. The Organizer shall only be entitled to the provision of rooms if these formed part of the booking of the overall event. BGAG may charge the room price in accordance with section 3.3 if reserved rooms are not used and cannot be reassigned elsewhere.
7.2 Hotel rooms are available from 3:00 p.m. on the day of arrival and must be vacated by 11:00 a.m. on the day of departure.
7.3 Extra beds, dogs, and underground parking spaces are subject to an additional charge.
8. Withdrawal by the Organizer
8.1 Cancellations of events must be communicated to BGAG as early as possible and in writing. Receipt of the written declaration by BGAG shall be decisive. On Saturdays, Sundays, and public holidays, the next working day shall be decisive. Services already rendered in advance by BGAG and its partners must in any case be paid for.
8.2 If the event is cancelled in full by the Organizer, BGAG shall charge the following cancellation fees:
Up to 120 days before the agreed date: free cancellation
119 to 90 days before the date: 25% of the reserved services
89 to 60 days before the date: 50% of the reserved services
59 to 30 days before the date: 75% of the reserved services
29 days or less before the event: 100% of the reserved services
8.3 For partial cancellations (seminars and banquets), the provision under clause 3.3 shall apply. Receipt of the written cancellation by BGAG shall be decisive for the calculation.
8.4 If the prices for the reserved services (menu & beverages) had not yet been determined, an amount of CHF 120.00 per person shall serve as the basis for calculation.
9. Bringing Food and Beverages
9.1 As a rule, bringing one’s own food and beverages by the Organizer is not permitted. Exceptions require a written agreement with BGAG. In such cases, a service fee shall be charged as follows:
Corkage fee:
CHF 45.00 / bottle 0.75 litre containing wine
CHF 80.00 / bottle 1.5 litres containing wine
CHF 160.00 / bottle 3 litres containing wine
Wedding cake / dessert:
CHF 3.00 / person
9.2 Appropriate proof of hygiene and production must be provided for food items.
10. Fire Safety Regulations / Other Safety Regulations / Attachment of Decorative Material
10.1 The Organizer undertakes to comply with BGAG’s fire safety regulations, in particular keeping escape routes clear, observing the smoking ban, etc.
10.2 Furthermore, the Organizer is responsible for ensuring that no more persons are admitted than permitted by the capacity of the respective room. The maximum numbers stated by BGAG shall be binding in this respect. In the event of a violation, BGAG declines all liability.
10.3 The attachment of decorative materials and other objects to walls, doors, and ceilings requires the prior consent of BGAG. The Organizer shall be liable for any resulting damage incurred by BGAG.
11. Video Surveillance
For security reasons, the hotel is under video surveillance. The video surveillance is expressly indicated by means of notices at the entrance to the hotel.
The collected data is stored securely against unauthorized access by means of appropriate technical and organizational measures and is only consulted in the event of an incident. If no significant incident occurs within 72 hours of recording, the data shall be deleted by BGAG.
12. Printed Materials / Media Announcements
The use of BGAG logos/images in any form by the Organizer requires prior written approval from BGAG. If publication takes place without the corresponding consent, BGAG shall be entitled to withdraw from the contract. The Organizer shall be liable to BGAG for any resulting damage.
13. Surcharges
From 1:00 a.m. onwards, the Organizer shall be charged CHF 45.00/hour per staff member.
14. Terms of Payment
14.1 Invoices issued by BGAG must be paid in full within 10 days of the invoice date without deduction. In the event of late payment, BGAG is entitled to charge default interest of 5% p.a. The charged services shall be deemed to have been rendered completely and properly if the Organizer does not raise any objections within the payment period.
14.2 BGAG is entitled to request an appropriate deposit at any time. The amount of the deposit and the payment dates shall be set out in writing in the contract. If no deposit is requested by BGAG, the full invoice amount must be paid by the customer no later than at departure by credit card (Master, Visa, American Express), debit card (EC/Maestro, Postcard), or in cash. For reservations from abroad or with a foreign billing address, a deposit of up to 100% of the reserved services may be required. If the Organizer defaults on payment of the deposit, BGAG shall be entitled to withdraw from the contract. The deposit shall be offset against any costs incurred.
14.3 BGAG reserves the right, in the event of default, to charge the costs of reminders, address investigations, and credit checks, including attorneys’ fees. The Organizer agrees to the charging of these costs.
15. Withdrawal from the Contract by BGAG
15.1 BGAG is entitled at any time to withdraw from the contract for good cause. Good cause includes, in particular, official requirements and prohibitions, safety aspects and cases of force majeure, as well as other circumstances beyond BGAG’s control which excessively hinder or render impossible the services to be provided. In such cases, BGAG shall assist in organizing suitable alternative premises.
15.2 BGAG may furthermore withdraw from the contract under the following conditions:
There is justified reason to believe that the event or its participants jeopardize the smooth business operations, the safety, or the reputation of the hotel or its guests.
BGAG determines that events were booked under misleading or false statements of essential facts or for a purpose other than the one communicated.
Third parties involved by BGAG in the organization of the event at the instigation of the Organizer are prevented, wholly or partially, from rendering the services.
15.3 BGAG shall declare the withdrawal as soon as it becomes aware of the reasons entitling it to do so and shall inform the Organizer without delay. In none of the aforementioned cases may the Organizer assert claims for damages against BGAG.
16. Liability
16.1 The Organizer shall be liable for the entire invoice amount, including services used by its employees, auxiliary persons, and event participants. Exceptions must be agreed in writing.
16.2 The Organizer shall be liable, irrespective of fault, for all damage and losses incurred by BGAG through the Organizer, its auxiliary persons, or event participants. BGAG may require the Organizer to provide proof of appropriate security.
16.3 BGAG shall not be liable for theft of or damage to items brought in by the Organizer or third parties. This also applies to vehicles parked in the hotel parking areas or in the hotel underground garage.
16.4 Insofar as BGAG provides technical or other facilities to the Organizer or procures them from third parties, it acts in the name and on the account of the Organizer. The Organizer shall be liable for careful handling and return and shall indemnify BGAG against all third-party claims arising from such provision.
16.5 Otherwise, BGAG shall only be liable for intent and gross negligence.
Final Provisions
17. Amendments and Supplements
Amendments or supplements to the contract, ancillary agreements, or these terms and conditions must be made in writing. This shall also apply to any waiver of the written form requirement. Unilateral amendments by the Contracting Party or the Organizer shall be invalid.
18. Place of Performance and Payment
The place of performance and payment for all contracts with BGAG is BGAG’s registered office in Brigels.
19. Partial Invalidity
Should one or more provisions of these GTC be or become wholly or partially unlawful, invalid, or otherwise unenforceable for any reason, the validity of the remaining provisions of these GTC shall remain unaffected. The parties undertake to cooperate in good faith in order to replace such provision with another provision that comes as close as possible to the intended economic purpose.
20. Applicable Law / Place of Jurisdiction / Special Domicile
All contractual relationships between the Contracting Party and BGAG as well as these GTC shall be governed by Swiss substantive law, to the exclusion of the provisions of the Federal Act on Private International Law.
All disputes between the parties in connection with the application, interpretation, and performance of the contract concluded between them as well as these GTC shall be decided by the ordinary courts of the Canton of Graubünden. The exclusive place of jurisdiction is Brigels. For Contracting Parties whose place of residence or business is abroad, Brigels shall be deemed the special domicile within the meaning of Art. 50 para. 2 of the Federal Act on Debt Enforcement and Bankruptcy.
By signing, the Contracting Party or the Organizer confirms that they are aware of the content of these General Terms and Conditions and agrees to their unrestricted applicability. Hotel and restaurant guests implicitly accept BGAG’s GTC by booking a room or making a table reservation.
For further information: Stephanie Kern / Director, La Val Hotel & Spa, Tel. 0041 81 929 26 26
hotel@laval.ch, www.laval.ch
Brigels, April 2025
