General terms and conditions (T&C)

1.                 Scope of application

This GTC apply for all reservations and guest accommodation contracts concluded between Hotel Merkur West Station AG, in the following called Hotel Merkur   and third parties (guests) as well as for all other services and deliveries provided by Hotel Merkur. The guest is made aware that reservation numbers, which the guest receives from third parties (for example internet portals), are not identical with the reservation or booking number of Hotel Merkur. Hotel Merkur is entitled to refuse to conclude an accommodation contract with a guest at its own discretion.

2.                 Reservations / Resale

Reservations can only be arranged electronically via the online channels of Hotel Merkur or via third parties/intermediaries (e.g. online booking portals). A reservation via telephone, mail or in any other non-automated way requires the prior approval of Hotel Merkur and might cause additional costs.

After reserving a hotel room an accommodation contract is concluded. It is binding for both contractual parties. The GTC form an integral component of this contract. There is no claim for a certain room. Hotel Merkur reserves the right to let the reserved rooms to someone else, in case the reservation is cancelled. The guest receives a binding booking or reservation number from Hotel Merkur, but not necessarily a separate written reservation confirmation. Resale/subletting and/or relaying of booked rooms are prohibited. Also, the transfer or sale of a claim against Hotel Merkur is not permitted. Hotel Merkur is in these cases entitled to cancel the booking. Using the hotel room for any other purpose than accommodation is explicitly prohibited.

Reservations for more than 6 rooms are subject to the group regulations of Hotel Merkur. For such bookings, a separate accommodation contract needs to be concluded, which has to be confirmed by Hotel Merkur. It contains special conditions for the handling of cancellations as well as payment terms. Hotel Merkur reserves the right to refrain from accepting group reservations, for which this separate accommodation contract has not been concluded or to cancel the reservation without an alternative.

3.                 Prepaid reservations, cancellation and rebooking

To make a reservation, guests have to provide a valid credit card or an alternative method of payment offered by Hotel Merkur on the electronic sales channels at the time of booking. Hotel Merkur has the right to check the stated details immediately for validity and to pre-authorise the provided credit card or the alternative payment method. The payment and cancellation conditions communicated at the time of sale apply, which differ according to the respective tariffs.

The reservation of a non-refundable rate, which is marked as such in the description or conditions, cannot be cancelled or rebooked free of charge. In case of cancellation or no-show of the guest, the total amount for the initially booked stay will be kept. At the latest on the day of arrival, the credit card will be charged with the full amount for accommodation plus any additionally booked services.

If the amount cannot be debited from the credit card, Hotel Merkur reserves the right to cancel the reservation. In this case, the guest’s right to use the room expires. If the guest is not showing up, the full amount charged for the initially booked stay is kept and in addition the guest’s right to use the room expires.

Hotel Merkur reserves the right to cancel a reservation at any time. Resulting claims for compensation are limited to the total price of accommodation for the booked stay

4.         Events

For events where food and drinks are served, regardless of the time of the reduction, the actual number of participants may not be more than 20% below the number stated in the event contract. Otherwise, the difference to the maximum reduction is charged. The organiser is obliged to inform Hotel Merkur about the final number of participants at the latest 5 working days prior to the beginning of the event. In case the number of participants is increased, the actual number of participants is taken into account for invoicing. Reductions in the actual number of participants compared to the number reported as final are not taken into account for invoicing.

5.         Registration form and forwarding of personal information

The guest is obliged to truthfully provide personal data as well as registration-relevant additional information within the scope of legal regulations via the electronic online registration data portals of Hotel Merkur in advance.

6.         Taxes, fees and charges

The applicable prices are gross prices and include all legal taxes, fees and charges with the exception of the visitor's taxes, which are separately stated. In case any tax, fee and duty rates change or new taxes, which were previously unknown to the parties, have to be collected, Hotel Merkur reserves the right to adjust the prices accordingly. Accommodation prices are stated per room and night.

7.         Means of payment

Valid payments for hotel stays are MasterCard and Visa as well as any alternative means of payment defined on Hotel Merkur’ website. On the day of departure, the guest automatically receives a final invoice for the stay via email

8.         Usage of reserved rooms

Reserved rooms are available for the guests from 04:00 p.m. on the day of arrival until 11:00 a.m. on the day of departure unless anything else has been arranged upon reservation. On the day of departure, the guest is obliged to leave the hotel room until at the latest 11:00 a.m. and to return it to Hotel Merkur in undamaged condition. If the guest is not returning the hotel room on the day of departure until 11.00 a.m., a lump-sum compensation of 100% of the overnight stay price for the hotel room is owed to Hotel Merkur due to the breach of contract.

Additionally, Hotel Merkur reserves the right to let the room, which has not been left by the guest in time or at all, is cleared by its personnel and to store all items of the guest somewhere else. Hotel Merkur takes over no additional liability for these stored items, which exceeds the liability conditions defined in these general terms and conditions. The products Early Check-In und Late Check-out can be booked additionally (against payment).

9.         Usage of public areas

With reserving a room the guest can make use of the designated public areas, such as e.g. bar, ski and bike storage rooms, terrace etc. free of charge. Hotel Merkur reserves the right to block access to these public areas short-term without prior announcement. In such a case the non-availability of a public area is not entitling the guest to claim a partial or full refund of the arranged payment for the accommodation service. The public areas are not part of the closed accommodation contract for the booked hotel room.

10.       Liability of Hotel Merkur

Hotel Merkur is liable for damages resulting from violations of life, body or health within its responsibility. Furthermore, Hotel Merkur is liable for other damages, which based on an intentional or grossly negligent breach of duty by Hotel Merkur as well as for damages that are based on an intentional or negligent breach of contractual obligations. Any further claims for compensation are waived unless otherwise defined in these GTC. Hotel Merkur’ liability for slight negligence is waived. In case of interruptions or deficiencies of services offered by Hotel Merkur, the guest is obliged to inform Hotel Merkur immediately. If the timely assertion fails to be exerted at latest on the day of departure, all claims forfeit. Hotel Merkur waives any liability for theft and damage of materials and devices, which are caused by the contractual partner or by persons assigned or invited by the same. Money, securities, valuables and similar can be stored in the hotel safe. Hotel Merkur is not liability for any expenses/costs coming from renting of movable material like bicycle and scooters.

11.       Liability of the guest

The guest has to treat the hotel room gently and carefully. At least one adult guest has to supervise children under the age of 14 at all times during their stay at the hotel. The guest is liable for any damages as well as consequential damages caused. This includes, even in case of slight negligence, among others all staining beyond normal level, all damages and the costs of a fire alarm. The guest is obliged to comply with the safety regulations.

12.       Brought along food and beverages

The consumption of food and beverages brought into the public areas is prohibited. Breakfast can only be taken in the designated rooms of the public area. The preparation of food is prohibited in the rooms.

13.       Smoking in the hotel

All Hotel Merkur are non-smoking hotels. Thus it is prohibited to smoke in public areas as well as also in hotel rooms. In the event of an infringement, Hotel Merkur has the right to claim damages from the guest, including loss of earnings incurred. Smoking in predefined outdoor areas is allowed

14.       Pets

Bringing pets into the hotel is prohibited

15.       House rules

Hotel Merkur reserves the right to ban guests from the hotel. This in particular applies if instructions of the employees are not adhered to, if guests discriminate against, harass or endanger others.

16.       Final provisions

In case of contradictions between the accommodation contract and these terms and conditions, the provisions of the accommodation contract apply with priority.

The accommodation contract and this GTC include all agreements of the parties about the contractual object. There are no oral additional agreements to the accommodation contract. Changes or amendments need to be made in writing. Hotel Merkur is entitled to transfer any rights or claims from the accommodation contract to third parties.

Any ineffectiveness of one or more of the above-stated provisions shall not affect the validity of the remaining provisions. The ineffective provision shall be replaced by an effective version, which comes closest to the economic and legal intentions of the parties.

Only Swiss law applies excluding international private law and the UN Sales Convention. The place of jurisdiction is Interlaken (CH).

Interlaken, 08.02.2023