General Terms and Conditions - Spa

Badrutt's Palace Hotel AG offers the services of the Wellness Palace for your relaxation and well- being.
To ensure a successful time, we request that you carefully read the following terms and conditions which form an integral part of the contract. We would like to thank you for your understanding and taking notice of these conditions.

1. Area of validity and contract partner
These general terms and conditions (GTCs) apply to the contractual relationship between the customer (hereinafter referred to as "you" or the "customer") and Badrutt's Palace Hotel AG (hereinafter referred to as the "hotel" or "we") within the scope of the spa offer. The spa offer comprises the pool and fitness area, the wet zone with various equipment and the treatment center.

2. Conclusion of contract
1. The provisions of the Swiss Code of Obligations apply to the conclusion of the contract. Normally, the contract is concluded by the purchase of an entrance ticket to Palace Wellness or by making a booking on-site at the treatment center.
2. You acknowledge the version of the GTCs valid at the moment the contract is concluded.
3. Any other contractual conditions, even those which the customer declares are applicable upon the acceptance of the contract, are only valid if and to the extent that they have been explicitly
recognised by the hotel as valid in written form.
4. Season tickets for the pool / wet zone / fitness area are personal and cannot be transferred to
other people.
5. If the guest desires services which are not provided by Palace Wellness, the hotel shall merely
act as the intermediary. These services are charged separately and the contracts for these services are not concluded with the hotel.

3. Services, prices, down-payments, invoicing
1. The hotel is obliged to perform the agreed services according to the specifications of these GTCs. The guest is obliged to pay the applicable or agreed price of the hotel for the provision of the services it has used. This also applies for services placed by the guest and expenses of the hotel with third parties. The agreed prices are quoted in Swiss Francs, including the legally applicable VAT rate. If the period of time between the conclusion of the contract and the arrival of the guest exceeds four months, and the legal VAT rate or any other local taxes and duties increase, or if new local taxes and duties are introduced, the hotel reserves the right to increase the agreed prices by the amount of the rise in VAT or local taxes and duties, or by the amount of the newly-introduced local taxes and duties.
2. Depending on the scope of the booking, a down payment or credit card guarantee may have to be provided by the guest. If a down payment is agreed, it is to be paid within the agreed period of time, otherwise the contract is not concluded and the hotel can use the reserved appointment slots without setting a grace period.
3. Provided nothing else has been agreed in writing, the invoice is due for payment at the latest when the service is used. The hotel accepts cash and credit cards (Eurocard/Mastercard, VISA, American Express) as forms of payment.
4. Invoices of the hotel without a due date are to be paid within 10 days of the date of invoice. The hotel is permitted to invoice any charges incurred at any time and to request immediate payment. In the event of a default in payment, the hotel is permitted to charge the legally-
 applicable default interest of 5% of the invoice amount, after the first reminder. The hotel reserves the right to prove it has incurred greater damage.

4. Treatment Center / Cancellation provisions
Appointments for treatments
1. Appointments are agreed, depending on available, according to the guest's wishes. The duration of the treatment corresponds to the details on the price lists or the booking confirmation.
Cancellation provisions
Cancellation by the guest
2. If a guest does not use the agreed appointment, the following cancellation provisions apply:
- Up to 24h before the treatment cancellation fees
- Less than 24h before the treatment................100% of the booked service
- The receipt of the cancellation by the hotel is authoritative for the calculation of the cancellation fee.
Cancellation by the hotel
3. The treatment rooms and suits are only allowed to be used for treatment (as per the treatment
menu) and for the intended applications (sauna, steam room, whirlpool). The hotel is permitted to terminate the contract immediately and without notice, if the contract was concluded with incorrect or misleading details, or if the room or suite is not used in accordance with the contract or in an unsuitable manner. In these cases, the booked service are to be paid for, even if they were not able to be used. The hotel also reserves the right to invoice the guest for any other damage caused by the improper use. In the event that the terms of use in the pool / wet zone and fitness center are not observed, as well as in the event of the unauthorised transfer of personal entry cards, the contract can also be cancelled. The guest is obliged to also pay for the booked services, if the hotel has to withdraw from the contract for the afore-mentioned reasons.
4. If an agreed down payment is not made, even after the expiry of suitable grace period set by the hotel, the hotel is permitted to withdraw from the contract.
5. Furthermore, the hotel is permitted to withdraw from the contract extraordinarily on justified grounds, for example if
- Force majeure or other conditions which are not the fault of the hotel which make the
execution of the contract impossible.
- The hotel has justified cause to assume that the use of the hotel services could danger
smooth business operations, safety or the hotel.
6. If the hotel withdraws from the contract with good cause, the customer is not entitled to
7. If the hotel cannot meet its duty to perform due to overbooking, it must offer the guest an
equivalent replacement service at another time.

5. Pool / Wet Zone / Fitness Center and cancellation provisions
Use of the infrastructure
1. The infrastructure is available during the stated opening hours.
2. The corresponding terms of use have to be observed without restriction.
3. The hotel reserves the right to close the spa area for other guests, in the event of exclusive
bookings by customers.
4. The cancellation of the contract by the hotel is governed in the provisions above (see point 4).

6. Liability of the hotel
1. If defects or errors occur on the hotel services, the hotel shall strive to take remedial action as soon as complaint is reported by the guest. If the guest culpably fails to report a defect to the hotel, it is not entitled to a claim to reduce the contractually-agreed fee.
2. The hotel is liable according to legal provisions for all damage from the injury to life, body and health, as well as in case of the assumption of a guarantee by the hotel and maliciously- concealed defects. In case of other defects, the hotel is only liable for wilful intent and gross negligence. Liability for minor negligence and for auxiliary people is fully excluded.
3. The hotel is liable for items brought by the guests into its premises in accordance with legal provisions. Liability for slight negligence is explicitly excluded.
4. The hotel requests that the guest use the lockers to store person items. The hotel assumes no liability for stolen objects which were not deposited in the intended lockers.
5. The hotel assumes no liability for services of sub-contractors performed at the hotel.
6. All claims against the hotel shall expire in general six months after the use of the service,
provided mandatory legal provisions do not specify longer periods.

7. Data privacy
The collection and processing of personal data about the guest by the hotel is explained in the data privacy statement. This forms an integral component of these GTCs. The data privacy statement can be accessed via our homepage.

8. Assignment
The hotel reserves the right to assign or pledge the price claims against the client arising from this contract, including any partial instalments, default interest and dunning fees, to third parties.

9. Closing provisions
If individual provisions of these GTCs are or become unenforceable or invalid, the validity of the rest of the provisions is not affected. The legal provisions apply in general.
This contract is exclusively subject to Swiss law.
The parties hereby agree that the exclusive place of jurisdiction is St. Moritz / Switzerland.