General Terms and Conditions for Lodging
ALL IN ONE HOTEL INN LODGE1. Basics
These General Terms and Conditions (GTC for Accommodation) govern the legal relationship between the guest—hereinafter referred to as the “Guest”—and Engadin St. Moritz Mountains AG, the operator of the Romantik Hotel Muottas Muragl, hereinafter referred to as the “Hotel.” For the sake of simplicity, these GTC always refer to a “contract”—regardless of the service in question.
The following apply: exclusively the hotel’s terms and conditions in effect at the time the contract is concluded. The guest’s general terms and conditions apply only if this was expressly agreed to in writing prior to the signing of the contract.
Should any provision of these Terms and Conditions be ineffective or invalid, this shall not affect the validity of the contract or the remaining provisions of these Terms and Conditions. In all other respects, the statutory provisions shall apply.
The “Event Terms and Conditions” of Engadin St. Moritz Mountains AG apply to all types of events.
The Terms and Conditions are also available in English. The German version of the Terms and Conditions shall prevail.
2. Jurisdiction / Governing Law
For any disputes arising from this contract, the place of jurisdiction shall be (city) St. Moritz (canton) Graubünden, unless another place of jurisdiction is mandated by law.
Swiss law shall apply exclusively to all contracts, reservations, any supplementary agreements, and general terms and conditions. The place of performance and payment is the hotel’s registered office.
3. Definitions
Groups: For the purposes of these Terms and Conditions, “groups” refer to travel groups with a minimum of 10 booked participants.
Written Confirmations: Faxes and emails are also considered written confirmations.
Contracting Party are the guest and the hotel.
4. Subject Matter of the Contract / Scope of Application
The contract for the rental of rooms, seminar rooms, and spaces, as well as for the provision of other goods and services, is concluded upon the guest’s written confirmation or by implication. A reservation made on the day of arrival becomes binding upon acceptance by the hotel.
Changes to the contract become binding on the hotel only upon written confirmation. Unilateral amendments or additions to the contract by the guest are invalid. Subletting or subleasing the rooms provided, as well as using them for purposes other than lodging, require the hotel’s prior written consent.
5. Leistungsumfang
The scope of services under the contract is determined by the guest’s individual reservation, as made and confirmed. Unless otherwise agreed in the contract, the guest has no right to a specific room.
If, despite a confirmed reservation, no rooms are available at the hotel, the hotel must inform the guest in a timely manner and offer equivalent alternative accommodations at a nearby hotel of a comparable or higher category. Any additional expenses for the alternative accommodations shall be borne by the hotel. If the guest declines the alternative room, the hotel must immediately refund any payments already made by the guest (e.g., deposits). The guest has no further claims.
6. Useful Life
Unless otherwise agreed, the guest is entitled to use the rented rooms from 3:00 p.m. on the agreed arrival date until 11:00 a.m. on the departure date. If arrival is scheduled after 10:00 p.m., the guest must notify the hotel of the late arrival by phone or in writing no later than 8:00 p.m. on the day of arrival; otherwise, the hotel may freely dispose of the rooms.
If the guest checks out 6 hours or more late, the hotel may charge 100% of the full room rate (list price) for use beyond the terms of the contract. This does not establish any contractual claims by the guest to continued use of the premises; the hotel reserves the right to claim damages. In the event of a late checkout, the hotel reserves the right to remove the guest’s belongings from the room and store them at a suitable location within the hotel for a fee.
7. Prices / Obligation to Pay
The rates quoted by the hotel are in Swiss francs (CHF) and include the statutory value-added tax and other taxes; the visitor’s tax is excluded. The guest is obligated to pay the agreed-upon or applicable hotel rates for the use of the room and any additional services utilized by the guest. This also applies to orders placed by the guest’s companions and visitors. Any increase in statutory taxes after the contract is concluded shall be borne by the guest. Prices quoted in foreign currencies are approximate and will be charged at the respective daily exchange rate. The prices confirmed by the hotel are the ones that apply.
The hotel may change the rates if the guest subsequently requests changes to the number of rooms booked, the hotel services, or the length of the guests’ stay. Depending on the agreement or for reservations totaling CHF 250 or more, the hotel may require a deposit of 50% of the total booking amount. The deposit is to be considered a partial payment toward the agreed-upon fee. The hotel may also require a credit card guarantee in lieu of a deposit. An advance payment must be transferred within 7 days of receiving the reservation confirmation. If the reservation is made on short notice, the hotel requires a credit card guarantee for the full booking amount.
If the deposit is not paid or the credit card guarantee is not provided by the due date, the hotel may immediately (without prior notice) rescind the contract (including all service commitments) and charge the cancellation fees listed in Section 10 of these General Terms and Conditions. The hotel reserves the right to issue invoices or interim invoices for its services to the guest at any time.
The final bill includes the agreed-upon price plus any additional charges incurred as a result of extra services provided by the hotel to the guest and/or the persons accompanying him or her. Unless otherwise agreed, the final bill must be paid in Swiss francs—either in cash or by an accepted credit card—no later than at check-out on the day of departure. The hotel may charge a reminder fee of CHF 15.00 for each reminder notice. The defense of set-off is excluded with respect to the hotel’s claims.
8. Cancellation by the Hotel
Up to and including 6 days before the guest’s agreed-upon arrival date, the hotel may withdraw from the contract without incurring any costs. Furthermore, the hotel is entitled to terminate the contract extraordinarily and with immediate effect at any time for an objectively justified reason by means of an immediate, unilateral written notice. Objectively justified reasons include, for example:
- an agreed-upon advance payment or security deposit is not made within the time limit set by the hotel;
- force majeure or other circumstances beyond the hotel's control that make performance of the contract objectively impossible;
- Rooms or spaces that are booked or used based on misleading or false information, such as regarding the guest’s identity or the purpose of use or stay;
- the hotel has reasonable grounds to believe that the use of the agreed-upon services may interfere with the smooth operation of the business, endanger the safety of other hotel guests, or damage the hotel’s reputation;
- the guest has become insolvent (bankruptcy or unsuccessful garnishment) or has suspended payments;
- the purpose or reason for the stay is unlawful.
If the hotel cancels the reservation for the reasons stated above, the guest shall have no right to claim damages, and payment for the booked services shall generally remain due.
9. Cancellation of the Reservation / Cancellation Fees
a) Cancellation
Cancellation of a reservation requires the hotel’s written consent. If such consent is not granted, the agreed-upon price must be paid even if the guest does not make use of the contracted services. In the event of a guest’s failure to arrive (“no-show”), at least 100% of the booked services will be charged.
The key factor in calculating the cancellation fee is the receipt of the written Cancellation of the guest's reservation at the hotel. This applies to both letters and email messages.
If the guest withdraws from the contract without an approved cancellation, or if changes are made to or cancellations of certain reserved services occur, the hotel may charge the following cancellation fees.
b) Cancellation fees
Individual Reservations
- Up to and including 7 days before the agreed arrival date, the guest may cancel the reservation at no cost. For non-refundable offers (non-ref), the amount is due at the time of booking and is non-refundable.
- If you cancel your stay in writing 7 days before the confirmed arrival date, you will be charged 100% of the amount stated in the reservation confirmation; however, a maximum of 3 nights will be billed.
- An early departure and/or late arrival will be treated as a “no-show,” and 100% of the amount stated in the reservation confirmation will be charged.
- Exceptions apply to cancellation policies specifically listed in our written booking confirmation, such as during Christmas, New Year's Eve, and other specific seasonal periods.
- Bei einer Nicht-stornierbaren Rate kann nicht vom Vertrag zurückgetreten werden, es werden 100 % gemäss Reservationsbestätigung verrechnet.
Group Reservations
The cancellation fees listed below apply if more than 5 people in a group (as defined in Section 3) or 50% of the booked services are canceled.
- Up to and including 28 days before the agreed arrival date, the group reservation may be canceled at no charge.
- Written cancellation of the stay between 27 and 14 days before the confirmed arrival date:
50% as stated in the reservation confirmation
- Written cancellation of the stay 13 to 7 days before the confirmed arrival date:
80% as stated in the reservation confirmation
- Written cancellation of the stay 7 to 0 days before the confirmed arrival date:
100% as stated in the reservation confirmation
c) Mitigation of Damages
The hotel makes every effort to reallocate unused services for both canceled individual and group reservations. If the hotel is able to provide the canceled services to third parties within the agreed-upon time frame, the guest’s cancellation fee will be reduced by the amount that those third parties pay for the canceled service.
10. Unable to Travel
If, due to force majeure (floods, avalanches, earthquakes, etc.), the guest is unable to arrive or cannot arrive on time, the guest is not obligated to pay the agreed-upon fee for the missed days. The guest must provide proof that arrival was impossible. However, the obligation to pay for the booked stay resumes as soon as it becomes possible to arrive.
11. Early Departure
If the guest departs early, the hotel is entitled to charge 100% of the total cost of the booked services. In the event of an early departure, the hotel will make every effort to allocate the unused services to other guests. If the hotel is able to provide the unused services to third parties within the agreed time period, the guest’s invoice amount will be reduced by the amount that these third parties pay for the canceled service.
12. Stay / Keys / Security / Internet / Smoking
The hotel room is reserved exclusively for the registered guest. Letting a third party use the room or allowing an additional person to stay in it requires the hotel’s (written) approval.
By entering into a contract, the guest acquires the right to the customary use of the rented rooms and the hotel’s facilities by all booked guests—which are normally available for guest use without special conditions—as well as to the customary level of service. The guest must exercise his or her rights in accordance with any applicable hotel and/or guest policies (house rules).
The room card or key issued by the hotel remains the property of the hotel and provides 24-hour access to the hotel. The loss of the card or key must be reported immediately to the front desk. Guests will be charged CHF 20 for a damaged card and CHF 20 for the loss of the card or key.
To access the Internet, guests must obtain their personal login credentials at the front desk. This service is free of charge for all guests. Guests are responsible for the use of their login credentials. They are liable for any misuse or illegal conduct while using the Internet.
Smoking is prohibited throughout the hotel.
13. Extension of Stay
Unless otherwise agreed, the guest has no right to have their stay extended. If the guest is unable to leave the hotel on the day of departure because unforeseeable, extraordinary circumstances or force majeure (e.g., extreme snowfall, flooding, etc.), all means of departure are blocked or unusable, the contract is automatically extended for the duration of the inability to depart under the existing terms and conditions.
14. Additional Terms and Conditions for Groups
Group rates apply only if previously agreed upon and confirmed in writing by the hotel. For groups of fewer than 10 people, the rates for individual travelers apply. The hotel must be notified in writing of the group’s joint arrival and/or departure 7 days prior to arrival. A single invoice will be issued to the tour leader, who is fully liable for this amount.
The final number of people in the group (including a list of names) must be provided to the hotel no later than 7 calendar days before the group’s arrival. If the group is smaller than originally registered, the missing guests will be billed 100% of the proportionate cost of the booked services. Additional guests will be counted and billed as individual travelers, subject to availability. In the event of cancellation of a group reservation, the cancellation fees listed in Section 10 apply.
15. Food and Beverages
All food and beverages must be purchased exclusively from the hotel.
In special cases (specialty items, etc.), a separate written agreement may be made regarding this matter. In such cases, the hotel is entitled to charge a service fee or a corkage fee (see separate list).
16. Event Management
To the extent that the hotel procures technical or other equipment from third parties on the guest’s behalf, it does so on the guest’s account.
The guest is responsible for taking good care of the amenities and returning them in proper condition. The guest shall indemnify the hotel against all claims by third parties arising from the use of these amenities.
The use of the guest’s own electrical equipment and devices while connected to the hotel’s electrical system requires the hotel’s prior written authorization. Any malfunctions or damage to the hotel’s technical systems resulting from the use of such equipment and devices shall be borne by the guest, unless the hotel is itself responsible for such malfunctions or damage. The hotel may charge a flat fee for the electricity costs incurred through the use of such electrical equipment and devices.
With the hotel’s consent, the guest is entitled to use his or her own telephone, fax, and data transmission equipment. The hotel may charge connection and usage fees for this (see separate list).
Any malfunctions in technical or other equipment provided by the hotel will be rectified as soon as possible upon notification by the guest. To the extent that the hotel is not responsible for such malfunctions, they shall neither reduce the guest’s entitlement to services nor give rise to any liability on the part of the hotel.
The guest must obtain, at their own expense, all official permits that may be necessary for holding the event. The guest is responsible for complying with the terms of the permits and all other public law regulations related to the event. Any fines resulting from a violation of the permit terms must be paid by the guest.
The guest is responsible for handling the necessary formalities and payments related to musical performances and sound systems directly with the relevant organizations (e.g., SUISA).
17. Items Brought In by the Guest
Any exhibition items or other personal belongings brought onto the premises are kept in the event rooms or on the hotel grounds at the guest’s own risk. The hotel assumes no obligation to guard or store such items. The hotel assumes no liability for the loss, destruction, or damage of items brought onto the premises, except in cases of gross negligence or willful misconduct on the part of the hotel. It is the guest’s responsibility to insure any items they bring with them.
Any decorative materials brought in must comply with fire safety regulations. The hotel reserves the right to request official documentation to this effect. Due to the risk of damage, the placement and installation of items must be coordinated with the hotel in advance.
Any exhibits or other items brought onto the premises must be removed immediately after the event ends. The hotel may remove and/or store any items left behind at the guest’s expense. If removal involves disproportionately high costs, the hotel may leave the items in the event room and charge the guest the standard room rental fee for the duration of their stay there.
Packaging materials (cardboard, boxes, plastic, etc.) generated in connection with deliveries to the event by the guest or third parties must be disposed of by the guest. Should the guest leave packaging materials at the hotel, the hotel is entitled to dispose of them at the guest’s expense.
18. Actions, Use, and Liability
a) Hotel
The hotel excludes liability toward the guest for slight and moderate negligence to the extent permitted by law and is liable only for damage caused intentionally or through gross negligence. Should any disruptions or defects in the hotel’s services occur, the hotel will endeavor to remedy the situation upon immediate notification by the guest. If the guest fails to notify the hotel of a defect in a timely manner, there is no entitlement to a reduction in the contractually agreed-upon rate. The hotel is liable for guests’ personal belongings in accordance with statutory provisions, i.e., up to the amount of CHF 1,000. Items are considered personal belongings if the guest stores them in their hotel room and in the safe provided for that purpose. The hotel is not liable for slight or moderate negligence. If valuables (jewelry, etc.), cash, or securities are not handed over to the hotel for safekeeping, the hotel’s liability is excluded to the extent permitted by law. The hotel recommends that guests always keep money and valuables in the safe at the front desk. If any damage is not reported to the hotel immediately upon discovery, the guest’s claims shall be forfeited.
The hotel shall not be liable under any legal grounds for services that it has merely arranged for the guest. The hotel disclaims all liability for theft of or damage to items brought in by third parties.
b) Guest
The guest is liable to the hotel for all damage and loss caused by the guest, companions, agents, or event participants, without the hotel being required to prove fault on the part of the guest.
The guest is responsible for the proper use and return of all technical equipment and facilities provided by the hotel or procured on its behalf through third parties, and is liable for any damage or loss. The guest is liable for services arranged by the hotel and expenses incurred by the hotel on behalf of third parties.
c) Third party
If a third party makes the reservation on behalf of the guest, that third party is liable to the hotel as the person making the reservation, jointly and severally with the guest, for all obligations arising from the contract. Regardless of this, every person making the reservation is obligated to provide the guest with all information relevant to the reservation, in particular these General Terms and Conditions.
19. Animal Husbandry
Pets are allowed only with the hotel's prior consent and in exchange for special compensation brought into the hotel. Guests who bring an animal into the hotel are required to properly care for and supervise the animal during their stay, or to have it cared for and supervised by a suitable third party at their own expense. Food is not included.
No animals are allowed in the hotel's common areas, restaurant, or event spaces. Dogs are allowed in the restaurant.
20. Lost and Found
Lost and found items will be mailed to the owner if ownership is clearly established and the home or business address is known. The guest is responsible for the costs and risk associated with the mailing.
Alternatively: After a 6-month holding period has expired, the items will be turned over to the local lost and found office.
21. Data Protection
With regard to data protection, the provisions of Engadin St. Moritz Mountains AG apply – www.muottasmuragl.ch/de/datenschutz
In addition, the following privacy policy and participant identification apply:
- To facilitate the booking of a package, the arrangement of an accommodation and/or event contract, or the purchase of gift certificates or other services and goods, Romantik Hotels & Restaurants AG, Kaiserstr. 53, 60329 Frankfurt am Main, Tel: +49 (0) 69/66 12 34-0, Fax: +49 (0) 69/66 12 34-56, Email: datenschutz@romantikhotels.com, registered with the Frankfurt am Main Commercial Register (HRA 30092), as well as our Romantik Hotel (….. -> insert name, address, phone number, website) (hereinafter “Romantik Hotels”) guest master data (first and last name, address, email address, phone number, etc.), stay details (check-in/check-out dates), transaction figures, the IP address, and any other personal data that the Romantik guest has provided to the Romantik Hotels umbrella organization or to a Romantik Hotel or Romantik Restaurant listed under the umbrella organization Romantik Hotels & Restaurants AG (personal data). Data from individual Romantik Hotels is also transmitted to Romantik Hotels & Restaurants AG and processed there.
- Romantik Hotels collects, processes, and uses personal data for the purpose of enabling Romantik guests to access the desired services offered by Romantik Hotels via the Romantik Hotels website or to arrange their stay at one of the Romantik Hotels and restaurants in the interest of providing guest-friendly hospitality, which also serves the guest’s legitimate interest. The legal basis for data collection is therefore Article 6(1)(b) and (f) of the GDPR. Furthermore, the purpose is to identify multiple bookings made by the guest and to increase customer satisfaction.
- Data is initially stored for as long as it is necessary for its intended purposes. However, the maximum storage period is 10 years from the date of collection or the last data synchronization, depending on which occurred last. If no data synchronization occurs for more than 10 years (i.e., no online booking), the data is deleted from both the central system and the hotel management system.
- Personal data is stored and processed on servers operated by our Romantik Hotel, on Romantik Hotels’ own servers, on servers belonging to ennit AG, Projensdorfer Str. 324, D-24106 Kiel, as well as on servers operated by TourOnline AG, Borsigstr. 26, 73249 Wernau. No data is transferred to a third country.
- Romantik guests have the right to access, at any time, the personal data collected, processed, and used in connection with them. The data protection obligations set forth in Articles 15–21 are fully complied with. Requests for information should be directed to Romantik Hotels & Restaurants AG, Kaiserstr. 53, 60329 Frankfurt am Main, Tel: +49 (0) 69/66 12 34-0, Fax: +49 (0) 69/66 12 34-56, or email: datenschutz@romantikhotels.com . With regard to data collected and stored by our Romantik Hotel itself, the request should be addressed to ……. (Name, address, phone number, email)
- Romantik guests are provided with detailed information regarding the nature, scope, location, and purpose of the collection, processing, and use of the personal data required to fulfill orders, as well as their right to object to the use of their anonymized usage profile for advertising, market research, and the customization of the service to meet their needs.
22. Additional Provisions
If the guest requests services that are not provided by the hotel itself, the hotel acts solely as an intermediary. The statutory limitation periods apply. To the extent that these may be modified, an absolute limitation period of 6 months following departure applies to the guest’s claims for damages.
Advertisements in the media (such as newspapers, radio, television, and the Internet) that mention events at the hotel, whether or not they include the company logo in its original form, require the hotel’s prior written consent.
23. The Best Price Guarantee is available at the Romantik Hotel Muottas Muragl in Samedan
a) We guarantee you the best price for reservations listed on the hotel's or company's official website.
b) If, within 24 hours of making your reservation on innlodge.ch, muottasmuragl.ch, or mountains.ch, you find an offer that is cheaper than the one you saw when booking through our site, please send us an email with the relevant proof. The offer must be for the same hotel, the same room category, the same number of guests, and the same travel dates.
c) The booking terms and conditions that apply to the comparison offer must match the terms and conditions of our offer, and the payment, advance booking, withdrawal, and cancellation policies must also match. The offer you found must be publicly available and bookable online.
d) The best price offer does not apply to:
- Price quotes from anonymous sellers on websites or auction sites
- Offers that the hotel publishes as part of a package, e.g., “Golden Fall,” “Midweek Special,” etc.
- Offers that are not publicly available, e.g., offers that were negotiated individually with Engadin St. Moritz Mountains AG.
- Price quotes that were not posted online.
- Offers available only to members of specific groups or to individuals, such as members of a hotel partnership, associations, etc.
- Offers that span a period of more than 10 days.
- Offers that require a coupon to be redeemed
e) The comparison between the offer from Engadin St. Moritz Mountains AG (All In One Hotel Inn Lodge and Romantik Hotel Muottas Muragl) and the comparable offer is based on net prices, excluding taxes, service charges, and other fees related to the room rate.
f) The currency used for the comparison must be the same, ideally Swiss francs. If a foreign currency is used, the official exchange rate of Engadin St. Moritz Mountains AG will apply.
g) Bei Reservierung mehrtägiger Aufenthalte werden die durchschnittlichen Preise pro Übernachtung bei der Engadin St. Moritz Mountains AG und dem Anbieter des Vergleichsangebots berechnet und miteinander verglichen.
h) The Best Price Guarantee offered by Engadin St. Moritz Mountains AG does not apply in countries where it violates applicable law.
i) Engadin St. Moritz Mountains AG reserves the right to change the Best Price Guarantee at any time or to discontinue it entirely.
24. SUBMIT A REQUEST for the Best Price Guarantee
A request for the Best Price Guarantee must be submitted within 24 hours of completing the booking. Engadin St. Moritz Mountains AG will review your request within 24 hours on business days after it is submitted. The request does not require a specific format and must be submitted via email. For bookings at the Romantik Hotel Muottas Muragl at info@muottasmuragl.ch and for reservations at the All In One Inn Lodge at info@innlodge.ch.
St. Moritz, 06. September 2021