GENERAL TERMS AND CONDITIONS
between the host and Disentis AG (Catrina Experience)
1. Scope of Application
1.1. These terms and conditions apply to contracts for the rental of holiday flats for accommodation in the CATRINA EXPERIENCE. The resort is operated by Bergbahnen Disentis AG. The term "accommodation contract" includes and replaces the following terms: accommodation contract, guest accommodation contract, holiday village contract, holiday flat contract.
1.2. The subletting or re-renting of the holiday flats made available, as well as their use for purposes other than accommodation, requires the prior written consent of Bergbahnen Disentis AG; the client's extraordinary right of withdrawal is suspended if Bergbahnen Disentis AG refuses its consent.
2. Conclusion of the contract and contractual partner
2.1. The contract shall be concluded upon Bergbahnen Disentis AG's acceptance of the application of the Client/Guest. If Bergbahnen Disentis AG makes a binding offer to the Client/Guest, the contract is concluded with the acceptance of the offer by the Client/Guest. In the case of an internet booking, the contract is concluded by clicking on the "Book now with costs" button. In this case, the booking is automatically confirmed to the customer/guest by e-mail.
2.2. The contracting parties are Bergbahnen Disentis AG and the customer/guest. If a third party has placed an order on behalf of the customer, the customer shall be liable to Bergbahnen Disentis AG together with the third party as joint debtor for all obligations arising from the accommodation contract, provided that Bergbahnen Disentis AG has received a corresponding declaration from the third party.
3. Services, prices and payments
3.1. Bergbahnen Disentis AG is obliged to keep the holiday flats booked by the Client/Guest ready for occupancy (from the time of check-in) and to provide the agreed services.
3.2. The client/guest is obliged to pay the agreed price, regardless of whether he/she uses all services or not. This shall also apply to services and expenses of Bergbahnen Disentis AG for third parties organised by the client/guest.
3.3. Bergbahnen Disentis AG can make a subsequent reduction under request by the client, of the number of booked holiday flats, the services of the resort or the length of stay of the client/guest conditional on an increase in the price of the rooms or other services of the holiday resort.
3.4. Invoices of Bergbahnen Disentis AG without a due date shall be payable without deduction within 30 calendar days after receipt of the invoice. Bergbahnen Disentis AG shall have the right to declare claims due at any time and to demand immediate payment. In the event of late payment, Bergbahnen Disentis AG may charge a fee of CHF 20.00 per reminder, plus statutory default interest of 5 %. Bergbahnen Disentis AG reserves the right to prove and demand higher compensation.
3.5. Bergbahnen Disentis AG shall have the right to request advance payment of the booked service(s) upon conclusion of the contract or subsequently. The amount of the advance payment and the payment dates depend on the time of the booking or the number of days prior to arrival and are communicated at the time of booking.
3.6. The invoice amount can be paid in full or in part with Maestro, Postcard, various credit cards, money order or Reka money. Reka-Checks must be sent to our address in a registered envelope (max. CHF 2,000 per envelope). Receipt of the Reka-Checks will be confirmed by e-mail. Payments with Reka-Card are made directly via RekaNet. Please do not send your credit card details electronically - for debiting, please contact us by telephone.
Payments by e-banking:
Graubündner Kantonalbank, 7001 Chur
IBAN: CH54 0077 4000 0348 8563 2
BIC: GRKBCH2270A
Account made out to: Bergbahnen Disentis / Via Acletta 2 / 7180 Disentis/Mustér
4. Cancellations and changes
4.1. The customer/guest may withdraw from the contract with Bergbahnen Disentis AG if a right of withdrawal has been expressly agreed in the contract, if another legal right of withdrawal exists or if Bergbahnen Disentis AG expressly agrees to the cancellation of the contract. The agreement of a right of withdrawal as well as any consent to a cancellation of the contract shall be made in text form.
4.2. If Bergbahnen Disentis AG and the customer/guest have agreed on a date for withdrawal from the contract free of charge (option), the customer/guest may withdraw from the contract until then without triggering payment or damage compensation claims by Bergbahnen Disentis AG. The customer's/guest's right of withdrawal expires if he/she does not exercise his/her right of withdrawal towards Bergbahnen Disentis AG in text form by the agreed date.
4.3. ACancellations and changes must be made in writing (e-mail, post, fax). The date of receipt by Bergbahnen Disentis AG is decisive (not the postmark). For Saturdays, Sundays and public holidays, the next working day is decisive. In case of cancellation, change (except for change of the number of persons) of an existing booking - which is equivalent to a cancellation - or a rebooking, Bergbahnen Disentis AG will charge the following cancellation fees on the rental price:
In the event of cancellation up to 30 days prior to arrival, no cancellation fees will be charged.
In the event of cancellation up to 15 days prior to arrival, we take the liberty of charging 30% of the arrangement price.
In the event of cancellation up to 14 - 7 days prior to arrival, we reserve the right to charge 50% of the package price
From 7 days prior to arrival or early departure, 100% of the arrangement price will be charged.
Bergbahnen Disentis AG offers free cancellation of a booking within the first 48 hours after booking, provided the booking was made by telephone, e-mail or directly on www.catrina-experience.com.
4.4. In order to protect you from financial loss in the event of cancellation, breakdown or repatriation prescribed by a doctor as a result of a serious event such as illness, death or accident, we recommend that you take out travel insurance.
4.5. For reservations for any arrival date in the future, the following is permitted in the event of another pandemic wave and regulations (for example in case of a lockdown) by the federal government: Free changes up to 24 hours prior to arrival date. All changes are subject to availability and/or any fare differences. Free cancellations up to 24 hours prior to the arrival date. This also applies to reservations that are considered non-cancellable. If a deposit has been paid, the amount will be credited to the credit card used, paid out in the form of vouchers or credits or transferred to a designated account as a refund.
5. Withdrawal by Bergbahnen Disentis AG
5.1. If a right of withdrawal free of charge by the customer/guest within a certain period has been agreed in writing, Bergbahnen Disentis AG is also entitled for its part to withdraw from the contract free of charge within this period.
5.2. If an agreed advance payment or security deposit, or one demanded in accordance with 3. clause 5, is not made even after the expiry of a reasonable period of grace set by CATRINA EXPERIENCE, Bergbahnen Disentis AG is entitled to withdraw from the contract.
5.3. Furthermore, the CATRINA EXPERIENCE is entitled to withdraw from the contract extraordinarily for factually justified reasons, in particular if...
- force majeure or other circumstances beyond the control of Bergbahnen Disentis AG make it impossible to fulfil the contract;
- accommodation is booked with misleading or false information or concealment of essential facts (e.g. in the person of the customer, solvency, purpose of stay, dog/pet accompanying without registration at the time of booking, number of participants);
- the CATRINA EXPERIENCE has reasonable grounds to believe that the use of the resort service may jeopardise the smooth running of the business, the safety or the reputation of the CATRINA EXPERIENCE in public, without this being attributable to the CATRINA EXPERIENCE's sphere of control or organisation;
- there is a breach of 1. clause 2.
5.4. In case of a justified withdrawal of CATRINA EXPERIENCE, the client has no claim for damages.
6. Room provision, room handover and room return
6.1. The customer/guest does not acquire any claim to the provision of specific holiday flats, unless this has been expressly agreed in writing. The right is always reserved to change the allocation of holiday flats for ecological and sustainable reasons (for example if an entire building has to be heated although only one flat is occupied).
6.2. Booked holiday flats are available to the customer/guest at the earliest from 3.00 p.m. on the agreed day of arrival. The customer/guest has no right to earlier availability, unless this has been expressly agreed in writing.
6.3. On the agreed departure day, the holiday flats must be vacated and made available to Bergbahnen Disentis AG by 10.00 a.m. at the latest. Thereafter CATRINA EXPERIENCE is entitled, in case of a late vacating of the holiday flat, to charge a late fee for its use beyond the terms of the contract. The holiday flats are to be vacated in accordance with our house rules. In case of non-compliance with the house rules, additional cleaning costs will be charged.
7. Liability of Bergbahnen Disentis AG
7.1. Bergbahnen Disentis AG is basically liable for all legal and contractual claims only in case of intentional or grossly negligent behaviour. Any liability of CATRINA EXPERIENCE for consequential or indirect damages is excluded. Exclusions and limitations of liability apply in the same way for a legal representative or vicarious agent. Should disturbances or deficiencies occur in the services of the CATRINA EXPERIENCE, Bergbahnen Disentis AG will endeavour to remedy the situation upon knowledge or upon immediate complaint by the customer/guest. The customer/guest is obliged to contribute what he/she can reasonably be expected to do in order to remedy the disruption and to keep any possible damage to a minimum, as well as to inform Bergbahnen Disentis AG immediately of all disruptions or damage.
7.2. Insofar as a parking space is made available to the customer/guest on a CATRINA EXPERIENCE car park - even against payment - this does not constitute a safekeeping contract. In case of loss of or damage to motor vehicles parked or manoeuvred on the CATRINA EXPERIENCE property and their contents, the CATRINA EXPERIENCE is liable only in accordance with 7. clause 1.
7.3. Nachrichten, Post und Warensendungen für die Kunden/Gäste werden mit grösster Sorgfalt behandelt. Die Bergbahnen Disentis AG übernimmt die Zustellung und Aufbewahrung (jeweils im Resort an der Rezeption) sowie - auf Wunsch - gegen Entgelt die Nachsendung derselben.
7.4. Für Garderobe sowie für Ski, Mountainbikes und andere im Skiraum vom Gast zur Aufbewahrung abgestellte Gegenstände übernimmt die Bergbahnen Disentis AG keine Haftung.
8. Entry regulations
Each customer/guest is responsible for complying with the entry regulations. Please note this entry information before finalising your booking: https://www.eda.admin.ch/eda/de/home/einreise-und-aufenthaltinderschweiz/informationen-zueinreiseundaufenthalt.html
9. Final provision
9.1. Amendments or additions to the contract, the acceptance of the application or these general terms and conditions for the Bergbahnen Disentis AG accommodation contract must be made in text form. Unilateral amendments or supplements by the customer/guest shall be invalid.
9.2. The place of performance and payment is the registered office of Bergbahnen Disentis AG. For private customers, the place of jurisdiction shall be determined by the applicable law. For business customers, the place of jurisdiction is the registered office of Bergbahnen Disentis AG.
9.3. Swiss law is exclusively applicable.
9.4. Should individual provisions of these General Terms and Conditions for the Bergbahnen Disentis AG Admission Agreement be or become invalid or void, this shall not affect the validity of the remaining provisions. In all other respects, the statutory provisions shall apply.
Disentis/Mustér, 1.08.2019
Bergbahnen Disentis AG, Via Acletta 2, 7180 Disentis/Mustér
Tel. +41 81 920 30 20