General Terms and Conditions of Business
1. scope of application
These General Terms and Conditions (hereinafter referred to as GTC) apply to the provision of rooms and/or conference and banquet facilities as well as to all other related services and deliveries of THE OMNIA Mountain Lodge AG (hereinafter referred to as THE OMNIA) to customers. All offers of THE OMNIA are based on these GTC. They form an integral part of every contract. Changes to these GTC require an express written agreement between the parties. This also applies to the cancellation of the written form requirement. Should the present GTC contradict any contractual conditions of the organizer, the present GTC shall take precedence.
2. Conclusion of contract
Following the reservation by the Organizer, the Organizer will receive a written reservation confirmation from THE OMNIA (by e-mail, fax or letter). The contract between the parties is only concluded with this written reservation confirmation from THE OMNIA to the customer.
3. services, payments and prices
3.1 THE OMNIA undertakes to provide the services ordered by the Customer and confirmed in writing by THE OMNIA.
3.2 All prices are in Swiss Francs (CHF) and include value added tax (VAT).
3.3 THE OMNIA is entitled to request a reasonable down payment at any time. The amount of the down payment and the payment dates shall be agreed upon in writing in the contract. If the Customer does not fulfill his obligation to pay the down payment in due time, THE OMNIA is entitled to withdraw from the contract after setting a reasonable grace period. The Customer is liable to THE OMNIA for the resulting damage.
3.4 If no down payment is requested by THE OMNIA, the entire invoice amount is to be paid by the Customer by credit card or in cash at the latest on the day of departure. If payment by invoice is agreed upon, the total invoice amount is due 30 days after the invoice date. In case of late payment, THE OMNIA is entitled to charge interest on arrears in the amount of 5%, as well as to charge possible debt collection costs.
3.5 THE OMNIA expressly reserves the right to change prices.
4.1 The Customer is liable to THE OMNIA for all damages and losses or other damages caused by himself, his fellow travelers or other third parties. THE OMNIA disclaims any liability for theft and damage of objects brought in by the Customer, fellow travelers or third parties. The insurance of exhibition objects as well as other objects brought in by the Customer, fellow travelers or third parties is the responsibility of the Customer. THE OMNIA may demand proof of sufficient insurance from the Customer at any time.
4.2 The Customer is obliged to maintain peace and order. He undertakes to fully indemnify THE OMNIA against all civil and public law claims raised against THE OMNIA by authorities or third parties (including fellow travelers and guests) due to his stay or to pay for all corresponding claims.
4.3 THE OMNIA is only liable for intentional or grossly negligent contractual or non-contractual damage and only for direct damage. Any further liability, in particular in case of slight or medium negligence or for indirect damages, such as in particular loss of profit, is excluded. In case of mediation of external services, THE OMNIA does not assume any liability for the service ordered by the customer.
5. Withdrawal of THE OMNIA
5.1 If the performance to be rendered by THE OMNIA according to the contract is made difficult or impossible by force majeure (according to Swiss understanding in particular natural disaster such as storm winds, floods or earthquakes or fire, hostage taking, war, riots, nuclear & reactor accidents, strikes, unforeseeable official restrictions, etc. ) or other circumstances for which THE OMNIA is not responsible, THE OMNIA may withdraw from the contract in whole or in part without compensation to the extent of the unfulfilled part of the contract.
5.2 THE OMNIA is also entitled to withdraw without compensation if there is reasonable cause to believe that the stay may jeopardize the smooth operation of the business, the safety or the public reputation of THE OMNIA or if the Organizer violates Section 12 of these GTC. Any claims for damages by THE OMNIA against the Customer are expressly reserved.
6. withdrawal of the customer
If it is impossible for the Customer to obtain the agreed services due to force majeure, the Customer may withdraw from the contract in whole or in part to the extent of the unfulfilled part of the contract without compensation.
7. Arrival and departure times
The hotel rooms are ready for occupancy from 3:00 p.m. on the day of arrival and must be vacated before 12:00 a.m. on the day of departure.
8. cancellation conditions hotel rooms
8.1 Cancellations of a reservation of hotel rooms must be communicated to THE OMNIA as early as possible and in writing. The following cancellation conditions apply both to the cancellation of reservations and in the case of unannounced no-shows as well as in the case of early departure.
8.1.1 Up to 14 days prior to the first night of the booking free of charge.
In case of late cancellation THE OMNIA reserves the right to charge for the entire stay.
8.2 Furthermore, for all cancellations, services provided in advance by THE OMNIA and its partners must be paid in full in any case.
9. Rebooking by THE OMNIA
If THE OMNIA cannot provide the Customer with one or more booked rooms for any reason, THE OMNIA will provide the Customer with an equivalent room. If no equivalent room is available, THE OMNIA will provide the Customer with an available room of another category.
10. fire regulations/other safety regulations/Attachment of Decorative Materials
10.1 The Booker undertakes to comply with the fire police regulations of THE OMNIA, in particular the keeping of escape routes free, the observance of the smoking ban etc.. Decorative material brought in by the Booker must also comply with the fire regulations.
10.2 The Booker is also responsible for ensuring that no more persons are admitted than the capacity of the respective room. The maximum numbers indicated by THE OMNIA are binding for this purpose. In case of violation, THE OMNIA declines any liability.
10.3 The attachment of decorative materials and other objects to walls, doors and ceilings always requires the prior consent of THE OMNIA; the Booker is liable for any damage incurred by THE OMNIA as a result.
11. printed matter/media advertisements
The use of logos of THE OMNIA in any form by the Booker always requires prior written consent. If a publication is made without approval, THE OMNIA is entitled to withdraw from the contract. The Booker is liable to THE OMNIA for any resulting damage.
12. cancellation conditions of spa treatments
Cancellations of treatments have to reach THE OMNIA at least 8 hours before the treatment date. In case of cancellation within 8 hours before the treatment date, the full invoice amount will be charged.
Applicable law/place of jurisdiction
The contract shall be governed exclusively by Swiss law. Place of performance and jurisdiction is Visp. Should individual provisions of these GTC be invalid, this shall not affect the validity of the remaining provisions. In such a case, the legally invalid provision will be replaced by an analogous similar but valid provision.
Zermatt, June 2023