1. SCOPE
1.1.
These General Terms and Conditions (hereinafter referred to as "GTC") apply to the booking or ordering of various services from the entire range of services (hereinafter referred to as "Services") of Grace St. Moritz GmbH, Via Serlas 5, 7500 St. Moritz. Moritz (hereinafter referred to as "GSM GmbH") by the customer or guest (hereinafter referred to as "customer"). All individual offers submitted by GSM GmbH are based on the following GTC. They are an integral part of the legal framework of each individual booking and order for the services.
1.2.
From the GTC deviating, different contractual conditions, namely also such, which the customer declares together with the contract acceptance to be applicable, have only validity, if and as far as they were accepted by the GSM GmbH expressly and in written form.
1.3.
In addition, the following GTC serve as a supplement to the GTC for "Events and group reservations of any kind" as well as the GTC for "Online bookings". In the event of a conflict between these GTC and the GTC for "Events and Group Reservations of any Kind" or the GTC for "Online Bookings", the provisions of the GTC for "Events and Group Reservations of any Kind" or the GTC for "Online Bookings" shall prevail.
1.4.
The masculine form used below also includes the feminine form of the respective term.
1.5.
Contract language is German and English.
2. OFFER AND AGREEMENT OF CONTRACT
2.1.
The presentation of the services by GSM GmbH does not constitute a legally binding offer, but the invitation to book or order.
2.2.
If not agreed differently, the contract comes off by the written and concurring explanation of both contracting parties (i.e. the GSM GmbH and the customer). If the customer is not himself a contracting party, but the booking or order is made for a third party as a contracting party, the customer is jointly and severally liable with the contracting party for all obligations arising from the contract.
2.3.
For reservations of hotel rooms, the following shall apply, in deviation from clause 2.2: After the customer has made a room reservation, he receives a written confirmation (usually by e-mail) from GSM GmbH. Until this confirmation, the contract between the customer and GSM GmbH is not yet considered as concluded. The contract between the customer and the GSM GmbH comes off only with the forwarding of the written reservation confirmation (as a rule by E-Mail) by the GSM GmbH to the customer obligatorily.
2.4.
Bookings of restaurant services, treatments in the spa made on site, by telephone or by e-mail can be confirmed in writing at the request of the customer. In principle the contract comes off also without written confirmation based on the concordant explanation. If the customer wishes a written confirmation (as a rule by e-mail) the contract comes off only by the dispatch of the confirmation by the GSM GmbH.
3. BOOKING OF A HOTEL ROOM OR SUITE
3.1. PRICES
The prices are in Swiss Francs (CHF) including the legal value added tax. Room rates and overnight arrangements include breakfast from the buffet, service and the statutory value added tax. Also included is the free use of the spa. Furthermore, the public transport in the interconnected area engadin mobil Maloja - Cinuos-chel and Spinas - Alp Grüm is included. In summer (01 May to 31 October 2022) the mountain railroads without skiing are included in the price.
3.2. MEANS OF PAYMENT
The following means of payment are accepted: Cash, Maestro, Visa, MasterCard, American Express, TWINT.
3.3. CHECK-IN AND RETURN OF HOTEL ROOMS AND SUITES
Room check-in from 3 p.m. on the day of arrival. Return of the room (check-out) until 12 noon on the day of departure.
3.4. CREDIT CARD GUARANTEES AND ADVANCE PAYMENTS
By providing the credit card number including the validity date, the customer guarantees his confirmed booking. The guarantees by credit card are processed electronically by GSM Ltd. and do not require a written confirmation by the customer.
As an alternative guarantee of the reservation, the customer is also offered the possibility of prepayment to the following account in CHF: CH04 0483 5314 2048 1100 0 or in EUR: CH67 0483 5314 2048 1200 0 at CREDIT SUISSE (Schweiz) AG, with reference to the booked stay. The advance payment will be credited in full to the invoice upon departure.
3.5. CANCELLATION POLICY
In principle, a cancellation is possible up to one day before arrival until 3 pm. The following exceptions apply:
High season winter December to April: 7 days
Holidays and sports vacations: 28 days
High season summer July to September: 3 days
For later cancellations we charge 100 % of the total stay. Cancellations and changes must be sent in writing to stay@gracestmoritz.ch.
Cancellations for booked treatment services in the spa, at the hairdresser, as well as table reservations in the restaurants must arrive at GSM GmbH at least 24 hours before the appointment. If a cancellation arrives less than 24 hours before the booked appointment, GSM GmbH reserves the right to charge the booked service.
Instead of the cancellation, the booked services can be used by a substitute person sent by the customer.
3.6. LIABILITY FOR DAMAGES
If GSM GmbH incurs damages due to the non-contractual use of the booked services (e.g. late cancellation, no-show, late arrival, early departure), these damages shall be borne by the customer.
4. ORDER OF GOODS/VOUCHERS
4.1. HANDOVER OF THE GOODS / VOUCHER / PROVISION FOR DOWNLOADING
The handover of the goods / the voucher takes place in the variant "by mail" after payment by delivery to the delivery address specified by the customer. The shipping costs will be displayed to the customer on the order page before the order is completed. For deliveries abroad the customer takes over the additional taxes and customs duties. The GSM GmbH will keep the delivery times indicated on the website in principle, provided that the own supply takes place in the indicated time. The GSM GmbH is entitled to partial deliveries. Any additional costs resulting from this will not be charged to the customer.
In the variant "collection in the hotel" the commodity/voucher is handed over in the hotel after successful payment.
In the case of a voucher order, the voucher can be obtained online as a PDF document and printed out locally by the customer. The customer is responsible for ensuring that the necessary requirements for printing the voucher are in place. The customer shall take the necessary precautions to prevent use by unauthorized persons or misuse. In the case of vouchers purchased and printed at home, the customer must ensure that his voucher is protected against misuse (e.g. copying, altering or printing by unauthorized persons). Purchased vouchers may not be passed on on the internet or other networks, nor may they be used commercially. Printed vouchers are to be kept in such a way that all data on the voucher and in particular the voucher number remain well readable. GSM GmbH does not take over any adhesion for damage, which develops to the customer from use and/or abuse by unauthorized ones and/or due to not readable coupons.
4.2 PRICES
The prices understand themselves in Swiss francs (CHF) inclusive national VAT.
4.3. MEANS OF PAYMENT
The following means of payment are accepted: Cash, Maestro, Visa, MasterCard, American Express, TWINT
4.4. PERIOD OF VALIDITY OF THE VOUCHERS
Value vouchers are valid for 2 years after full payment and can be used in all GSM GmbH facilities. Value vouchers cannot be redeemed in the sport store of Skiservice Corvatsch.
4.5. RETURN / REIMBURSEMENT
Value vouchers are taken back by GSM GmbH within 10 days after date of issue against credit note.
Products in perfect, saleable and unopened condition from the online store will be taken back within 10 days (date of invoice) against credit note.
In the case of manufacturing defects and incorrect deliveries of products, the items in question will be exchanged for a flawless or correct copy, provided that the customer has checked and returned the product within 10 days of receipt.
For returns, the customer number, invoice number and reason for the return must be stated. The return is at the customer's own risk and liability.
5. DATA PROTECTION
The following data protection regulations apply to this as analogously also to other websites of the GSM GmbH. By calling and using this website for online transactions the customer declares his agreement with the following regulations. If the customer does not agree with it, the conventional contact possibilities for bookings and orders are available to him (personally, by telephone, letter post).
The described rules are valid for this site and for other GSM sites on the Internet. When you leave this site and visit third party sites, please read their privacy rules. If you do not agree with the rules of the third party sites, you may not use the sites. By accessing and using these sites, you agree to these rules.
5.1. IDENTIFICATION OF CUSTOMERS OF THE ONLINE BOOKING AND STORE SITES.
For answering questions, processing of orders/reservations or support of interactive customer programs it can be necessary to ask for personal data such as name, address, e-mail, telephone number of the customer and/or to request additional information from him. The GSM GmbH will, if no legal obligation exists for this, such information without consent of the customer to third, except in the range, as they are needed for the treatment and the execution of inquiries and orders or for the support of interactive customer programs. GSM GmbH may also use this information to contact customers by mail, e-mail or telephone to inform customers about new products, services or offers of GSM GmbH. The customer hereby also grants GSM GmbH the right to exchange all customer-provided information for the aforementioned purposes with other companies affiliated with GSM GmbH.
In addition to the personal information provided by customers, the Site may use technology to collect certain technical information from the customer such as the Internet protocol address, computer operating system, browser type, access patterns, and the address of other linked websites.
5.2. SECURITY
The provision of personal data, whether this is done in person, by telephone or via the Internet, is associated with certain inherent technological risks (e.g. possible manipulation or sabotage). GSM GmbH takes reasonable precautions to prevent unauthorized access to, and unauthorized use or falsification of, customers' personal data and to minimize the corresponding risks (e.g. use of encryption techniques when collecting and transmitting confidential data such as credit card information).
Data transmitted via an open network such as the Internet or an e-mail service can be viewed by anyone. GSM GmbH cannot guarantee the confidentiality of messages or documents transmitted over such open networks. The customer is aware that if personal information is disclosed via an open network, third parties can potentially access this information and consequently collect and use the data without the customer's consent. The transfer of data via such networks - regardless of the location of the sender and recipient - is frequently and without controls also via third countries, i.e. also via countries that do not offer the same level of data protection as the country of domicile of the customer or GSM GmbH.
For certain services, customer data is transmitted with strong encryption (for example, when booking or purchasing services). In these cases the customer is specifically informed about the handling of the data as well as about details concerning the encryption.
Data may be lost during transmission or intercepted by unauthorized third parties. GSM GmbH does not take responsibility for the security of the data during the transmission over the Internet and declines any liability for direct or indirect losses. Should the customer consider it necessary or reasonable for security reasons, he has to use other means of communication.
Cookies may be sent to the customer's computer. Cookies are a chain of information sent by a website and stored on the computer. Specific cookies may be used to automatically collect data about the use of this website when visiting it. This data includes, on the part of the customer, the IP address, data about the areas of the website that interest the customer, and other data that the customer obtains or enters (including, but not limited to, domain name, Internet service provider, protocol, browser type, operating system, etc.). This information is collected primarily to administer the website, compile demographic data, and monitor website usage and performance. If the cookie function is disabled, not all information may be received on this website.
5.3. CORRECTNESS OF THE COLLECTED DATA
GSM GmbH may, on its own initiative or at the request of the customer, complete, correct or delete any incomplete, incorrect or outdated personal data stored by GSM GmbH in connection with the operation of this site.
5.4. MINORS
Persons under the age of 18 may not submit information to GSM GmbH or make purchases or other legal transactions on this site without the consent of their parents or legal guardians, except as permitted under applicable law.
6. CHANGES / SUPPLEMENTS
Changes and additions of these GTC by GSM GmbH are at any time permissible. In each case the online published version valid at the time of the electronic confirmation of GSM GmbH is valid.
7. APPLICABLE LAW / PLACE OF JURISDICTION
In case of disputes exclusively Swiss right is applicable. The place of jurisdiction is determined according to the jurisdiction law and lies with orders by the customer at the domicile of the customer or at the seat of GSM GmbH (St. Moritz). With orders, which were not ordered by private persons, St. Moritz is valid as exclusive area of jurisdiction.