General conditions of the Hotel Casa Sisu of RMCasale Sagl

General Terms and Conditions (hereinafter: GTC)

1. Area of application

These general terms and conditions apply to the provision of hotel rooms and all associated services and benefits, including any services provided in advance for the benefit of the guest.

Any general terms and conditions stipulated by the guest shall not apply unless otherwise agreed in writing in advance. This also applies to the possible waiver of the written form requirement.

For the purposes of these GTC, a guest is understood to be both the end consumer and the commercially active company.

2. Contract partner

The contracting parties are RMCasale Sagl (hereinafter: "Hotel") on the one hand and the client/customer (hereinafter: "Customer") on the other.

3. Commencement of the contractual relationship

The contractual relationship arises when the customer sends the electronic confirmation.

Any changes and cancellations can only be made within the framework of these GTCs. If a third party has made the booking on behalf of the guest, the guest and the third party shall be jointly and severally liable for all obligations in connection with the overnight stay and the associated services.

4. Prices
The prices for the provision of rooms and other hotel services are quoted exclusively in Swiss francs (CHF) and include VAT in accordance with Swiss law.

5. Visitor's tax
The visitor's tax is charged separately in accordance with the Cantonal Tourism Act (LTur) and the associated Ordinance on Tourism Taxes.

6. Guarantee, invoicing, advance payment
Each reservation must be guaranteed by a valid credit card.
In the case of advance payment, the total amount must be paid by the date stated in the booking confirmation (usually 7 days before the start of the overnight stay).
If advance payment has been agreed, the total amount must be paid before the guest's departure. Otherwise, the unpaid amount will be charged to the guest upon check-out. The advance payments include VAT.

7. Check-in and check-out

         The hotel rooms are available to guests from 3.00 pm. Guests must check out of their rooms by 12 noon on the day of their departure.

         Depending on the hotel's availability, late check-out may exceptionally be granted free of charge until 2.00 pm and at half price until 6.00 pm, after which the full daily rate applies.

         If a guest wishes to occupy the hotel room before 3 p.m., it is mandatory to reserve the room for the previous night at the full price.

8. Use and return of the hotel room

The hotel room and the items, equipment and furniture provided may only be used as intended.

The hotel accepts no liability for damage or injury caused by improper use of the items, equipment or furniture provided.

Improper use shall be deemed to have occurred in particular if more persons occupy the hotel room(s) than intended or than stated at the time of booking.

Damage caused intentionally or negligently by the guest may be charged to the guest.

The guest is liable to the hotel for any damage or loss caused by him or his companions (e.g. a caregiver or a participant in an event), without the hotel having to prove that they are at fault.

Smoking in the hotel rooms is prohibited. If this rule is violated, the guest may be charged additional costs (e.g. increased cleaning costs, loss of earnings, etc.).

The following costs may be borne by the hotel and charged to the guest:

Surcharge for cleaning/ionization CHF 200.

Loss of earnings depending on costs

(for example, if the room is temporarily unavailable)

Deployment of the fire department depending on the invoice

(triggering of the fire alarm system) (usually between CHF 1,800 and CHF 3,000)

9. Use of the Wi-Fi

The guest is solely responsible for the use of his/her access data to the Wi-Fi network. He is fully liable for any misuse and illegal behavior while using the Internet connection and bears the consequences of all activities on the Internet.

10. children and extra beds

Children up to and including 5 years pay nothing for an overnight stay in an available baby crib.

An extra bed in the room costs CHF 80 per night.

The family room offers space for up to 4 people

For the third person there is a surcharge of 60.- CHF per night, and for the fourth person the surcharge is 50.- CHF per night.

11. Breakfast

Breakfast is included in the room rate.

12. Partial invoice and final invoice

During the stay, the customer receives a partial invoice every week, which includes the services and benefits used. The final invoice must be paid on departure at the latest.

13. Cancellation conditions

Cancellations must be communicated at least 24 hours before the scheduled check-in date, and in any case no later than 12 noon on the day before the scheduled arrival date.

Cancellation fees will be charged in the event of cancellation after the maximum period specified in the general terms and conditions or if the guest does not show up at the scheduled check-in time.

In certain periods, the parties may agree on a longer cancellation period. In this case, the period will be recorded in writing in the booking.

If individual rooms are canceled, the following amounts will be refunded:

• up to 20 days before the check-in date: the entire price of the booked room;
• between 14 and 19 days before the planned check-in: 75 % of the price of the booked room;
• between 7 and 13 days before check-in: 50 % of the price of the booked room;
• between 1 and 6 days before the scheduled check-in: 25 % of the price of the booked room;
• between 0 and 1 day before check-in or in case of no-show: the entire price of the room will be retained.

If rooms booked in a group are canceled, the following amounts will be refunded:

• up to 20 days before the check-in date: the entire price of the booked room;
• between 14 and 19 days before the planned check-in: 75 % of the price of the booked room;
• between 7 and 13 days before check-in: 50 % of the price of the booked room;
• between 1 and 6 days before the scheduled check-in: 25 % of the price of the booked room;
• between 0 and 1 day before check-in or in case of no-show: the entire price of the room will be retained.

In the event of early departure compared to the booking, all nights booked must still be paid for. Cancellations of group bookings are only permitted subject to availability and capacity of Casa Sisu by RMCasale Sagl. These will be refunded where applicable as described in the previous paragraphs.

14. Withdrawal of the hotel

If an advance payment or other guarantees agreed between the parties in accordance with point 5 of the GTC are not complied with, the hotel is entitled to withdraw from the contract.

The hotel is also entitled to terminate the contract with immediate effect if the commencement of the contractual relationship, its continuation or the complete fulfillment of the contract is no longer reasonable for the hotel, in particular in the following cases:

a case of force majeure or another event for which the hotel is not responsible makes the fulfillment of the contract unreasonable,

a room and/or other areas of the hotel infrastructure are booked with misleading or false information about material facts (for example, information about the identity of the guest or the purpose of the stay),

if the hotel has reasonable grounds to believe that the use of the hotel services could disrupt the proper operation of the establishment, safety or decency and respect for other guests and the hotel, provided that this is not attributable to the hotel.

In the above cases, the hotel is entitled to terminate the contract with immediate effect and all claims for damages by the customer are excluded. Advance payments made by the customer or payment guarantees shall legally remain with the hotel.

15. Liability of the hotel

The hotel shall only be liable to the customer if the damage was caused intentionally or through gross negligence and only if the damage is a direct consequence of the non-fulfillment of a contractual obligation. In any case, the amount of compensation may not exceed the amount actually paid by the customer for the stay in the accommodation.

If there are disruptions or deficiencies in the services offered by the hotel and the hotel becomes aware of this or the customer informs it immediately, the hotel will endeavor to rectify the situation.

In the event of loss of or damage to the guest's personal belongings in the hotel, the hotel shall only be liable in the event of intentional or grossly negligent conduct. If the hotel is legally liable for the conduct of third parties, the hotel shall only be liable for gross negligence. The hotel shall not be liable if the third party caused the damage intentionally.

The hotel's liability is expressly limited to the amount covered by the hotel's liability insurance, in particular for damage to third parties and indirect damage. The hotel's liability for valuables and cash is limited to a maximum of CHF 5,000 and only applies if these have been deposited at the hotel reception, against receipt. Irrespective of this, the hotel is not liable in the event of force majeure.

The customer must notify the hotel in writing of any claims for damages as soon as he becomes aware of the loss, destruction or damage.

In the event of loss of or damage to motor vehicles parked or driven by the guest, as well as their contents, the hotel shall only be liable in the event of intent or gross negligence.

Messages, mail and consignments of goods for the guest are handled with care by the hotel. The hotel will take care of the delivery and storage of correspondence and goods. On request and against payment, the accommodation can also take over the dispatch of letters or parcels by the guest. In carrying out these tasks, the hotel shall only be liable in the event of intent or gross negligence.

16. Admission of dogs in the accommodation

Dogs may only be accommodated in the hotel with prior permission and against payment of a surcharge. Guests bringing a dog must supervise it at all times or employ a suitable person to supervise the animal at their own expense.

17. Final provisions, applicable law, place of jurisdiction and choice of domicile

Any amendments or additions to these GTC made by the customer shall have no effect, even if they are made in writing.

The place of performance and the place of payment are in 6953 Tesserete.

Should individual provisions of these GTC be invalid or void, this shall not affect the validity of the remaining clauses. In this case, the parties undertake to immediately replace the invalid or void provision with a valid and effective provision that comes as close as possible to the content of the original clause. The contractual relationship between the customer and RMCasale Sagl is subject to Swiss law, with the exception of the IPRG and other possibly applicable international bilateral and multilateral agreements.

The place of jurisdiction for all disputes in connection with the contract for the provision of hotel rooms and all associated services and performances is the place of the characteristic performance, namely the District Court of Lugano. The District Court of Lugano is also responsible for any interim measures prior to a legal dispute.

Customers domiciled abroad, customers with no fixed abode or with an unknown domicile submit to compulsory enforcement in Switzerland in accordance with Art. 50 para. 2 SchKG and choose the registered office of RMCasale Sagl (Via Luigi Canonica 10, 6950 Tesserete - Capriasca, Ticino - Switzerland), which corresponds to the address of the accommodation, as their special domicile in Switzerland.

The customer domiciled abroad and the customer with no fixed abode or with an unknown domicile agrees that judicial and/or enforceable documents from the Pretura of Lugano, the courts of appeal and the Federal Court or the enforcement authorities, including orders and decisions, will be delivered to the address of the hotel.

In the event of discrepancies between the different language versions of these GTC, the Italian version shall prevail.