General Terms & Conditions

1. Scope

These General Terms and Conditions (“GTC”) shall apply to the rental to the Customer (“Customer”) of hotel rooms used for accommodation and to all related goods and services of SV Hotel Ltd, which operates Hotel Stay KooooK (“Hotel”). The Customer’s own general terms and conditions shall not apply.

2.Formation of contract

The details of the services ordered by the Customer and which the Hotel has agreed to provide are set forth in the Contract between the Customer and the Hotel (“Contract”). This Contract is concluded by making a booking for one or more hotel rooms as well as any other services.
Each reservation is confirmed by the issuance of an automatic confirmation of the reservation by email. The confirmation contains the exact dates of the booking, the cancellation policy and a reservation number. Shortly before arrival, the Customer will receive the QR key.
A firm booking is only possible upon provision of valid credit card details. If the Customer’s credit card details provided to the Hotel are incorrect or invalid, the reservation will not be held despite the issuance of the automatic reservation confirmation by e-mail. Credit card details are transmitted in encrypted form and such transmission is fully PCI compliant. The credit card details are not known to the Hotel or SV Hotel Ltd at any time.

3.Prices, prepayment, payment deadlines, invoicing, means of payment

The Customer is obliged to pay the agreed Hotel prices for the contractually owed services and other services used. Unless special prices are expressly agreed in writing, the applicable prices are the hotel prices valid at the time the service is provided.
The prices include the statutory VAT. In the event of an increase in VAT, the prices will be adjusted accordingly. If the period between the conclusion of the contract and the purchase of services exceeds six months, the Hotel reserves the right to make a reasonable price adjustment.
Any applicable lump-sum accommodation/visitor’s tax will be billed to the Customer in addition to the price of the room.

3.1. Payment

Payment for the entire stay is generally made on the day of arrival via the Guest Facing App.
The Hotel only accepts credit cards as a means of payment. Payments can only be processed via the Guest Facing App. The following credit cards are accepted:
• Visa
• Mastercard
• Diners Club
• American Express
• JCB

4. Rescission / cancellation by the Customer; postponement of dates

As a general matter, the Customer is not permitted to rescind or cancel the Contract. If the reservation is cancelled in writing or the Customer waives the provision of the service by no less than 48 hours before arrival, the cancellation is free of charge to the Customer. If the Customer fails to cancel in time, the first night of the reservation will be billed to the Customer in full and the Customer will also be liable for any loss of revenue. This also applies to guests who fail to appear (“no-shows”).
The terms and conditions for personal bookings can be viewed at any time in the Guest Facing App.
Changes in the date or duration of the stay may lead to a change in the rate and are only possible subject to availability.

5.Rescission by the Hotel; postponement of dates

The Hotel reserves the right to extraordinarily terminate or postpone the starting and ending times of a guest’s stay for objectively justified reasons. Such a reason may be deemed present, in particular, if the Hotel has reasonable grounds to believe that the client is behaving in an immoral manner, using the premises for other purposes which are not in accordance with the Accommodation Contract, is jeopardising the Hotel’s smooth operation of its business or committing criminal acts that could jeopardise the public reputation or the security of the Hotel and the hotel chain. In the event of termination for objectively justified reasons, the Hotel operator also has the right to issue a house ban.
An objectively justified reason is deemed present in particular if:

• any person engages in prostitution on the premises of the Hotel
• the Customer opens content on the internet via the Hotel’s own Wi-Fi network that violates applicable law and could therefore result in lasting harm to the Hotel’s reputation. This includes, in particular, content that violates the relevant norms of criminal law, in particular child pornography.
• the Customer participates in illegal sweepstakes on the premises of the Hotel or conducts such sweepstakes on the premises of the Hotel
• the Customer consumes drugs on the premises of the Hotel or engages in drug trafficking on the premises of the Hotel
• the Customer carries out prohibited medical interventions on the Hotel premises
• the Customer unlawfully publishes content that is protected under licence law
• the Customer commits acts from the Hotel premises that fall under the definition of internet and cybercrime .
• force majeure or other circumstances for which the Hotel is not responsible make it impossible for the Hotel to perform the Contract
• events and/or services have been booked by giving misleading or false information about material facts (e.g. customer, purpose, etc.)
• the Customer is manifestly insolvent or unwilling to pay
• the Customer threatens or uses force against persons and/or property.

In the event of justified extraordinary termination by the Hotel or postponement of the start and end dates, the Customer shall not be entitled to any compensation for damages. If the Customer is responsible for the termination by the Hotel, the Customer shall be obliged to pay the contractually agreed price in full. The foregoing is without prejudice to the Hotel’s right to claim further damages.

6.Use of hotel rooms

The booked hotel room is reserved exclusively for the registered guest. Provision of the room to a third party or its use by an additional person shall require the prior written consent of the Hotel. The hotel room may not be sublet or used for non-accommodation purposes.

7.Check-in, check-out

The Hotel ensures that the hotel room is ready for occupation from 3.00 pm on the day of arrival. The foregoing is without prejudice to any Early Check-In (“Early Check-In”) the Customer may have booked.
The room must be vacated by 11.00 a.m. on the day of departure. The foregoing is without prejudice to any Late Check-Out (“Late Check-Out”) the Customer may have booked.
In the event of overstay beyond agreed checkout, any items of the Customer remaining in the room will be removed from the hotel room and deposited as lost items at a suitable location in the Hotel.

8.Early Check-In and Late Check-Out

Early Check-In or Late Check-Out are available for an extra charge and by prior agreement with the Hotel.

9.Animals

The Customer may only bring pets with the prior written consent of the Hotel and only in specially designated hotel rooms.
The Customer will be charged a supplemental fee per night for each pet.
All damages and additional expenses incurred by the Hotel by bringing the pet with him or her (e.g. cleaning) will be billed to the Customer in full.

10. Liability / Interference / Damage to Hotel Property

The customer shall be liable, irrespective of fault, for any loss or damage caused by their employees, agents or event participants, as well as for any loss, interference or damage caused by the customer themselves.

In particular, the customer shall be liable for any damage to hotel rooms and hotel furnishings, for the loss of such items, as well as for any hotel property unlawfully removed from the premises. The customer shall reimburse the hotel for the replacement value of the respective items.

For safety reasons, the use of candles, sparklers, fireworks and other pyrotechnic devices, as well as the lighting of any kind of open flame, is prohibited throughout the entire hotel.

Smoking is also prohibited throughout the entire hotel. It is furthermore prohibited to tamper with, remove, cover or otherwise impair the functionality of smoke or fire detectors. For each violation of these prohibitions, the customer shall pay the hotel a flat fee of CHF 200 (or EUR 200), without prejudice to the hotel’s right to claim compensation for any additional damages.

The hotel reserves the right to charge the credit card provided by the customer directly. Parents or legal guardians shall be liable for persons under their supervision.

11.Quiet times

Quiet times are from 10.00 pm to 06.00 am.  The Customer must refrain from making any excessive noise during this period.

12.Further rules

Unless otherwise agreed, newspaper advertisements and other advertising measures of the Customer with references to events at the Hotel shall require the prior written consent of the Hotel. In the event of publication without such consent, the Hotel is entitled to rescind the Contract for objectively justified reasons.
The Customer is obliged to obtain all permits for their event at their own expense. For music events, the Customer must also carry out any necessary registration with the copyright collecting society.
Setting up or installing decorative material or other items that may damage the walls or other facilities of the Hotel or impair the appearance of the Hotel shall require the written consent of the Hotel. Set-ups in the lobby are generally prohibited. The Customer must ensure that the decorative materials and other items comply with fire regulations. The Hotel is entitled to request that the Customer produce a corresponding certificate from a public authority. Any decorative and exhibition items brought along must be removed immediately after the event. In the event of failure to do so, removal and storage shall be carried out by the Hotel at the expense of the Customer. If the items remain in the event room, the Hotel is entitled to charge the Customer a reasonable room rental fee for the duration of time they remain there.
The Customer, its employees, agents and attendees are prohibited from entering rooms other than the venue.
The exits must be kept clear at all times.

13.Technical equipment

The technical equipment for basic facilities (electricity, lighting) is covered by the contractually agreed remuneration. Additional technical or other equipment will be provided by the Hotel or procured from third parties for a separate fee. Insofar as the Hotel procures technical or other equipment from third parties for the Customer at the latter’s request, it is deemed to act on behalf of and for the account of the Customer. The Customer shall be liable for the careful handling and proper return of the technical equipment and shall indemnify and hold the Hotel harmless against all third-party claims arising from the provision of technical equipment.
Use of the Customer’s own electrical systems using the Hotel’s power grid shall require the Hotel’s written consent. Faults and/or damage to the Hotel’s technical equipment arising from the use of such equipment will be charged to the Customer. The Hotel is entitled to charge the Customer a lump sum for the electricity costs incurred from the use of such devices.
Faults of the technical or other equipment provided by the Hotel will be rectified as soon as possible. The Hotel disclaims all liability for such faults. The Customer is not entitled to withhold payments in whole or in part due to faults.

14. Liability, loss of or damage to property brought onto the premises

The Customer shall indemnify the Hotel and hold it harmless in full for any services it has arranged for a third-party to provide, including in particular for claims by copyright collecting societies.
Exhibition items or other items, including personal items, are kept in the Hotel at the Customer’s risk. The Hotel assumes no liability for loss, damage or destruction, including financial loss, except in cases of gross negligence or intentional acts on the part of the Hotel.
The Customer is obliged to ensure that its employees and agents comply with the provisions of the Contract and these GTC as well as the instructions of Hotel staff.
Lost items found in the Hotel after the Customer has checked out will be appropriately disposed of after a retention period of 6 months.
In all further and other respects, the Hotel disclaims all liability except in cases of gross negligence or intentional acts.

15. Final provisions

In the event that individual elements of these GTC should be found to be invalid or void, this shall not affect the validity of the remaining provisions hereof. Any agreements departing from these GTC are only valid if made in writing.

16.Applicable law and jurisdiction

These GTC and contracts concluded on the basis thereof shall be governed by Swiss law. The parties agree that jurisdiction shall be vested in the courts of Zurich. The Hotel shall also be entitled to bring an action in the courts at the registered office or domicile of the Customer.