General Business Terms and Conditions
Basic Information
These General Business Terms and Conditions (GTC) govern the legal relationship between the guest/customer, hereinafter called “Customer”, and POD SERVICED LIVING GMBH, acting in the capacity of the operator of the apartments in Lumen Park, Grenzstrasse 5A, 6214 Schenkon, hereinafter called “Hotel”. For the sake of simplicity, these GTC shall always refer to a contract – regardless of the service in question. Only the Hotel’s applicable Terms of Business at the time of contract conclusion shall apply. The Customer’s General Business Terms and Conditions shall not apply.
2. Contract Conclusion
The details of the services ordered by the Customer and promised by the Hotel shall be regulated in the Contract between the Customer and the Hotel (“Contract”). This Contract shall be created by reserving one or several apartments as well as any other services.
Each reservation shall be confirmed by issuing an automatic reservation confirmation by e-mail. The confirmation likewise includes the precise information of the reservation, the cancellation terms, and a reservation number. The Customer shall receive the QR key shortly before arrival.
A definitive reservation can be carried out only by providing valid credit card information. If the Customer’s credit card information provided to the Hotel is incorrect or invalid, the reservation will not be maintained even if an automatic e-mail confirmation of the reservation is issued. Credit card information is sent encrypted in full compliance with PCI. At no point does the hotel become aware of the credit card information. The Hotel reserves the right to have the credit cards authorized at any time before arrival.
3. Prices, prepayment, payment terms, invoicing, payment methods
The Customer is obliged to pay the Hotel’s stipulated prices for the contractually due services and additional services used. Unless special prices are explicitly stipulated in writing, the Hotel’s applicable prices at the time of the rendering of the service shall apply. Prices include statutory value-added tax. In case of an increase in the value-added tax, the prices shall be adjusted accordingly. An incurred visitor’s tax shall be invoiced to the Customer in addition to the room price.
3.1. Payment of prices
The entire stay is generally paid on the day of arrival via our Mews reservation system. The Hotel accepts only credit cards for payment and always in Swiss francs (CHF). Payments can be processed only via our reservation system. The following credit cards are accepted:
- Visa
- Mastercard
- Diners Club
- American Express
- JCB
4. Withdrawal and/or cancellation by the Customer; late arrival; premature departure
According to the reservation terms, withdrawing from the Contract and/or a cancellation by the Customer is generally permissible. If the reservation is canceled in writing and/or the service is foregone according to the reservation terms, the cancellation is free of charge for the Customer. If the cancellation is not done in due time, the costs for the entire stay shall be billed in full to the customer.
This also applies to guests who do not arrive (“no-shows”).
If a guest is unable to arrive on time, e.g. due to delayed or canceled flights, then no partial refund for the missed hotel days shall be due.
If the guest departs prematurely, then no partial refund shall be due for the missed hotel days. A partial refund is not mandatory even if the Hotel can re-sell the room again. The personal reservation terms can be seen on the reservation confirmation at any time.
Changes to the date or duration of the stay may result in a change of the rate and can be done only with the corresponding availability.
5. Withdrawal on the part of the Hotel; change in times
The Hotel reserves the right to extraordinarily terminate or postpone the beginning and and end dates due to objectively justified reasons. Such a reason can particularly exist if the Hotel has reason to believe that the Customer behaves in a morally objectionable manner, uses the premises for other purposes that do not comply with the accommodation contract and that jeopardize smooth business operations, or conducts offenses that could jeopardize the Hotel’s public reputation or safety. In case of a cancellation due to objectively justified reasons, the Hotel operator shall furthermore have the right to issue a ban from the premises. An objectively justified reason shall be deemed to exist if:
- Prostitution is conducted on the Hotel’s premises.
- The Customer uses the in-house Wi-Fi network to retrieve content on the internet that infringes on applicable law and could therefore cause long-term damage to the Hotel’s reputation. This particularly includes content that infringe against applicable standards of criminal law, particularly child pornography.
- The Customer partakes in illegal gambling on the Hotel’s premises or hosts these activities on the Hotel’s premises.
- The Customer consumes drugs on the Hotel’s premises or engages in drug dealing on the Hotel’s premises.
- The Customer carries out prohibited medical interventions on the Hotel’s premises.
- The Customer illegally publishes content that is protected under licensing laws.
- The Customer performs acts on the Hotel’s premises that are categorized as cybercrime or computer crime.
- Force majeure or other circumstances that are not the Hotel’s fault make it impossible to fulfill the Contract.
- Events and/or the rendering of services have been booked using misleading or incorrect information about essential facts (e.g., customer, purpose, etc.).
- If the Customer is obviously unable or unwilling to pay.
- The Customer threatens or employs violence against persons and/or objects.
In the case of justified, extraordinary termination by the hotel reservation and/or a change in the start and end dates, the Customer shall not have any claim to compensation. If the Customer is responsible for canceling the hotel reservation, the Customer is obliged to fully pay the contractually stipulated price. We shall reserve the right to claim additional damages.
6. Use of the hotel room
The booked hotel room is reserved exclusively for the registered Guest. Entrusting the room to a third party or use by an additional person requires the prior, written permission of the Hotel. Subletting the hotel room as well as using it for purposes other than accommodation shall be prohibited.
7. Check-In, check-out
The Hotel ensures that the hotel room will be ready for occupancy as of 5:00 p.m. on the day of arrival.
The room must be vacated by no later than by 11:00 a.m. on the day of departure
In case of a delayed check-out, any Customer objects that remain in the room shall be removed from the hotel room and deposited as found objects at a suitable location at the Hotel.
8. Early check-in and late check-out
Early check-in or late check-out are generally not available. The common areas in the restaurant and the roof terrace may be used before check-in and after check-out in coordination with the Hotel. On-site luggage storage is not available.
9. Cleaning
Apartments are cleaned once a week for stays of 7 nights and longer. No cleaning is included for short-term stays between 1 – 6 nights. Final cleaning is included.
10. Pets
Pets are prohibited in the Hotel. The Hotel can make an exception for small pets, but it must be coordinated with the Hotel in advance. With prior permission from the Hotel and in exchange for a separate fee, the pet may be brought into the hotel. Any Customer who brings a pet to the Hotel is obliged to properly keep and/or supervise this pet during their stay or have it kept safe and/or supervised by a suitable third party at their own expense.
11. Impact/damage to the Hotel’s facilities
The Customer shall be particularly liable for damage to the hotel room and to the Hotel’s furniture and for the loss of the same. The Customer shall be particularly liable for any illegally stolen furnishing items and must pay its original value to the Hotel.
Smoking is prohibited in the entire Hotel, and you may not manipulate, unscrew, cover, or otherwise affect the functionality of the fire alarms. The customer will pay the hotel a lump sum of CHF 300 per infringement against these prohibitions.
The hotel reserves the right to directly charge the credit card provided by the customer.
Parents are liable for persons that they are required to supervise.
12. Night-time quiet hours
Night-time quiet hours are from 11:00 p.m. to 7:00 a.m. During this time, the Customer must refrain from making any excess noise.
13. Final Provisions
Should individual components of these GTC be ineffective or null and void, it shall not affect the validity of the remaining provisions. Divergent agreements must be made in writing in order to be valid.
14. Applicable law and place of jurisdiction
These GTC as well as the Contracts concluded on the basis of the same shall be subject to Swiss law. Lucerne shall be stipulated as the place of jurisdiction. The Hotel shall have the right to sue at the Customer’s headquarters and/or place of residence.