Terms and Conditions

Terms and Conditions

Terms and Conditions of Blatten-Belalp Tourism (BBTour)

We are very happy, that you are interested in a journey to the destination Blatten-Belalp and would like to thank you for the confidence you place in us. We would kindly like to ask you to carefully read through the below General Conditions of Contract and Travel.

These terms and conditions, as may be amended from time to time, apply to all our services directly or indirectly (through distributors) made available online, through any mobile device, by email or by telephone. By accessing, browsing and using our website or any of our applications through whatever platform (hereafter collectively referred to as the "website") and/or by completing a reservation, you acknowledge to have read, understood and agreed to the terms and conditions set out below (including the privacy statement).

These pages, the content and infrastructure of these pages, and the online accommodation reservation service provided on these pages and through the website (the "service") are owned and operated by BBTour ("BBTour", "us", "we" or "our"), and are provided for your personal, non-commercial use only, subject to the terms and conditions set out below.

1. Scope of our Services

Scope of Application

These General Conditions of Contract and Travel shall govern the contractual relationship between you and BBTour for the accommodation arranged by us.

Through the website we provide an online platform through which all types of temporary accommodation (for example hotels, holiday apartments, hostels and bed & breakfasts, collectively referred to as the "accommodation(s)"), can advertise their rooms for reservation, and through which visitors to the website can make such reservations. By making a reservation through BBTour, you enter into a direct (legally binding) contractual relationship with the accommodation provider at which you book. From the point at which you make your reservation, we act solely as an intermediary between you and the accommodation, by transmitting the details of your reservation to the relevant accommodation provider and sending you a confirmation email for and on behalf of the accommodation provider. In these cases we shall not accept any liability for the services rendered by third party suppliers and we specifically refer to their liability conditions, which may be consulted with the third party suppliers.

When rendering our services, the information that we disclose is based on the information provided to us by accommodation providers. The accommodation providers have access to an extranet and have the sole responsibility for updating all rates, availability and other information which is displayed on our website. Although we will use reasonable skill and care in performing our services we will not verify if, and cannot guarantee that all information is accurate, complete or correct, nor can we be held responsible for any errors (including obvious and typographical errors), any interruptions (whether due to any (temporary and/or partial) breakdown, repair, upgrade or maintenance of our website, or to any other reason), inaccurate, misleading or untrue information or non-delivery of information. Each accommodation provider remains responsible at all times for the accuracy, completeness and correctness of the (descriptive) information (including the rates and availability) displayed on our website. Our website does not constitute and should not be regarded as a recommendation or endorsement of the quality, service level, qualification or (star) rating of any accommodation made available and shall not be perceived as such.

Our services are made available for personal and non-commercial use only. Therefore, you are not allowed to re-sell, deep-link, use, copy, monitor (e.g. spider, scrape), display, download or reproduce any content or information, software, products or services available on our website for any commercial or competitive activity or purpose.

2. Prices

The prices on our website are highly competitive. All prices on the belalp.ch website are per room for your entire stay and are displayed including VAT and all other taxes (subject to change of such taxes), unless stated differently on our website or the confirmation email.

Sometimes cheaper rates are available on our website for a specific stay at an accommodation, however, these rates made by accommodations may carry special restrictions and conditions, for example in respect to cancellation and refund. Please check the room and rate details thoroughly for any such conditions prior to making your reservation.

Obvious errors and mistakes (including misprints) are not binding.

All special offers and promotions are marked as such.

3. Privacy and Cookies

Please have a look at our privacy and cookies policy for further information.

4. Free of Charge

Our service is free of charge. As opposed to many other service providers, we will not charge you for our services or add any additional (reservation) fees to the room rate.

5. Credit Card or Bank Transfer

Accommodation providers require credit card details in order to guarantee your reservation. For this reason we will send your credit card information directly to the accommodation at which your booking is made and we may verify (i.e. pre-authorise) these details as well. In order to safeguard and encrypt your credit card information when it is transmitted, we use the "Secure Socket Layer (SSL)" technology for our services.

Please be aware that for certain (non-refundable) rates or special offers accommodation providers may require that payment is made upfront by wire transfer (if available) or by credit card, and therefore your credit card may be pre-authorised or charged (sometimes without any option for refund) upon making the reservation. Please check the room details thoroughly for any such conditions prior to making your reservation.

In the event of credit card fraud or unauthorised use of your credit card by third parties, most banks and credit card companies bear the risk and cover all the charges resulting from such fraud or misuse, which may sometimes be subject to a deductible (usually set at EUR 50 (or the equivalent in your local currency)). In the event that your credit card company or bank charges the deductible from you because of unauthorised transactions resulting from a reservation made on our website, we will pay you this deductible, up to an aggregate amount of EUR 50 (or the equivalent in your local currency). In order to indemnify you, please make sure that you report this fraud to your credit card provider (in accordance with its reporting rules and procedures) and contact us immediately by email (info@belalp.ch). Please state 'credit card fraud' in the subject line of your email and provide us with evidence of the charged deductible (e.g. policy of the credit card company). This indemnification only applies to credit card reservations made using the secure server of belalp.ch and the unauthorised use of your credit card resulted through our default or negligence and through no fault of your own while using the secure server.

6. Terms and Conditions of Payment

In each case the payment for the completed online booking will be made to the appropriate providers and is regulated by their respective terms and conditions.

The prices quoted are on principle in Swiss Francs and include VAT. The statutory tourist tax per person per night is usually added to the overnight price.

The additional costs (such as electricity, gas, heating, etc.) are included in the rent unless they are explicitly stated in the agreement. Additional costs not included in the rent are calculated at the end of the lease period and must be paid before the departure. Federal taxes, such as the tourist tax, are generally not included in the rent.

7. Cancellations and Rebooking

By making a reservation with an accommodation provider, you accept and agree to the relevant cancellation and no-show policy of that accommodation provider, and to any additional (delivery) terms and conditions of the accommodation provider that may apply to your reservation or during your stay, including for services rendered and/or products offered by the accommodation provider (the delivery terms and conditions of an accommodation provider can be obtained with the relevant accommodation provider). The general cancellation and no-show policy of each accommodation provider is made available on our website on the accommodation information pages, during the reservation procedure and in the confirmation email. Please note that certain rates or special offers are not eligible for cancellation or change. Please check the room details thoroughly for any such conditions prior to making your reservation.

If you wish to review, adjust or cancel your reservation, please revert to the confirmation email and follow the instructions therein. Please note that you may be charged for your cancellation in accordance with the accommodation provider's cancellation, (pre)payment and no-show policy. We recommend that you read the cancellation, (pre)payment and no-show policy of the accommodation provider carefully prior to making your reservation.

Cancellation, (pre)payment and no-show policies shall be regulated exclusively between the parties of the online booking.

BBTour recommends that you purchase a cancellation insurance policy.

Should the lessee occupy the accommodation for a shorter time than agreed upon, or not occupy it at all, the entire rental fee must be paid.

Should no other conditions be determined, the following terms shall apply:

The lessee may rescind the contract under the following conditions:

            -           up to 42 days before the arrival: a CHF 100,- processing fee must be paid
            -           41 to 10 days before the arrival: 50% of the rent must be paid
            -           9 to 0 days before the arrival: 80% of the rent must be paid

Replacement lessee: The lessee has the right to propose a replacement lessee. The replacement lessee must be acceptable to the lessor, solvent and enter the rental agreement under the current conditions. The lessee and replacement lessee are jointly and severally liable for the rent.

The amount of the cancellation fee shall be calculated based on the receipt of the cancellation notice by the landlord or booking office (on Saturdays, Sundays and holidays, the next business day is counted).

8. Rights And Obligations of the Tenant 

Complaints

The lessee will be provided with accommodation in clean and contractually agreed condition. In case the service is not in accordance with the contractual agreement, or the lessee suffers damage, the lessee is entitled and obliged to immediately report this fault or damage to the appropriate service provider.

Should the service provider be unable to find a satisfactory solution on site, and therefore the shortcoming is not resolved, or resolved insufficiently, an appropriate written complaint must be submitted within 30 days after the contractually agreed end of the stay to the contractual partner.

The lessee loses the right to complain if no complaint is made on site (see 5.1) and no appropriate written complaint is submitted to the contractual partner within the given term (see 5.2).

Careful Use

The lessee agrees to use the leased property with care, observe the house rules and be considerate towards the other residents and neighbours. In the event of any damage, etc. the lessor/keyholder must be informed immediately.

The rented property must not be occupied by a higher number of persons, than stated in the agreement.

Sub-letting is not permitted.

The lessee is responsible for ensuring that all occupants comply with the obligations set forth in this agreement.

If the lessee or other occupants commit flagrant breach of the obligations connected with careful use, or if more than the contractually agreed number of residents occupy the property, the lessor can terminate the agreement without notice and without compensation.

If the lessee violates the regulations of careful use, a penalty for breach of contract in the amount of CHF 500,- will be charged in addition to the compensation for damages.

Return of the rented property

The rented property is to be returned on the specified date, in an orderly condition, together with the inventory. The lessee is responsible for compensating damages and missing inventory.   

9. Correspondence

By completing a booking, you agree to receive (i) an email which we may send you shortly prior to your arrival date, giving you information on your destination and providing you with certain information and offers (including third party offers to the extent that you have actively opted in for this information) relevant to your reservation and destination, and (ii) an email which we may send to you promptly after your stay inviting you to complete our guest review form. Please see our privacy and cookies policy for more information about how we may contact you.

10. Ranking and Guest Reviews

The default setting of the ranking of accommodation on our website is the 'Ranking' the ("Default Setting"). For your convenience we also offer other ways to rank accommodation. Please note that the Default Ranking is created through a fully automatic ranking system (algorithm) and based on multiple criteria.

The completed guest review may be (a) uploaded onto the relevant accommodation property's information page on our website for the sole purpose of informing (future) customers of your opinion of the service (level) and quality of the accommodation, and (b) (wholly or partly) used and placed by BBTour at its sole discretion (e.g. for marketing, promotion or improvement of our service) on our website or social media platforms, newsletters, special promotions, apps or other channels owned, hosted, used or controlled by BBTour and our business partners. BBTour reserves the right to adjust, refuse or remove reviews at our sole discretion. The guest review form should be regarded as a survey and does not include any (further commercial) offers, invitations or incentives whatsoever.

11. Disclaimer

Subject to the limitations set out in these terms and conditions and to the extent permitted by law, we shall only be liable for direct damages actually suffered, paid or incurred by you due to an attributable shortcoming of our obligations in respect to our services, up to an aggregate amount of the aggregate cost of your reservation as set out in the confirmation email (whether for one event or series of connected events).

To the extent permitted by law, neither we nor any of our officers, directors, employees, representatives, subsidiaries, affiliated companies, distributors, affiliate (distribution) partners, licensees, agents or others involved in creating, sponsoring, promoting, or otherwise making available the site and its contents shall be liable for (i) any punitive, special, indirect or consequential loss or damages, any loss of production, loss of profit, loss of revenue, loss of contract, loss of or damage to goodwill or reputation, loss of claim, (ii) any inaccuracy relating to the (descriptive) information (including rates, availability and ratings) of the accommodation as made available on our website, (iii) the services rendered or the products offered by the accommodation provider, (iv) any (direct, indirect, consequential or punitive) damages, losses or costs suffered, incurred or paid by you, pursuant to, arising out of or in connection with the use, inability to use or delay of our website, or (v) for any (personal) injury, death, property damage, or other (direct, indirect, special, consequential or punitive) damages, losses or costs suffered, incurred or paid by you, whether due to (legal) acts, errors, breaches, (gross) negligence, wilful misconduct, omissions, non-performance, misrepresentations, tort or strict liability by or (wholly or partly) attributable to the accommodation (its employees, directors, officers, agents, representatives or affiliated companies), including any (partial) cancellation, overbooking, strike, force majeure or any other event beyond our control.

The lessee is liable for all damage which is caused by him or by the co-users; the fault shall be assumed.

Should the renting or the continuation thereof be prevented by force majeure (environmental disasters, natural disasters, government regulations, etc.), unforeseeable or unavoidable events, the lessor is entitled (but not obliged) to offer an equivalent substitute property to the lessee, whereby claims for compensation shall be excluded. If it is impossible to provide all or part of the service, the paid amount or the relevant proportion thereof shall be refunded, to the exclusion of any further claims.

12. Intellectual Property Rights

Unless stated otherwise, the software required for our services, or available on/used by our website as well as the intellectual property rights (including the copyrights) for the contents and applications on our website are owned by Blatten-Belalp Tourismus, its partners and providers.

BBTour exclusively retains ownership of all rights, entitlements and interest in and to (all intellectual property rights of) (the look and feel (including infrastructure) of) the website on which the service is made available (including the guest reviews and translated content) and you are not entitled to copy, scrape, (hyper-/deep)link to, publish, promote, market, integrate, utilize, combine or otherwise use the content (including any translations and guest reviews) or our brand without our express written permission. To the extent that you would (wholly or partly) use or combine our (translated) content (including guest reviews) or would otherwise own any intellectual property rights in the website or any (translated) content or guest reviews, you hereby assign, transfer and set over all such intellectual property rights to Blatten-Belalp Tourismus. Any unlawful use or any of the aforementioned actions or behaviour will constitute a substantial infringement of our intellectual property rights (including copyright and database right).

13. Miscellaneous

To the extent permitted by law, these terms and conditions and the provision of our services shall be governed by and construed in accordance with the law and any dispute arising out of these general terms and conditions and our services shall exclusively be submitted to the competent court in the locality of the rented accommodation.

Before starting legal action you may contact the Swiss Travel Industry Ombudsman, Postfach, 8801 Thalwil, at any time. The ombudsman always strives to reach a fair and balanced decision in disputes between travellers and travel service providers.

If any provision of these terms and conditions is or becomes invalid, unenforceable or non-binding, you shall remain bound by all other provisions hereof. In such event, such invalid provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and you will at least agree to accept a similar effect as the invalid, unenforceable or non-binding provision, given the contents and purpose of these terms and conditions.

01 November 2013

 

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