General Terms and Conditions gioiAcasa
For events and rooms
1. Subject of the contract
These General Terms and Conditions (“GTC”) govern the legal relationship between you and the gioiAcasa and apply to the provision of rooms or the entire apartment for accommodation as well as conference and event facilities and to all related deliveries and services of the gioiAcasa to the contractual partner (“customer”). General terms and conditions of the contractual partner (“customer”) as well as general terms and conditions of credit card issuers do not apply and are excluded. The reservation / order confirmation or the offer signed by you for confirmation serves as the basis.
2. Option data
The contract is concluded by the written acceptance of the gioiAcasa’s offer/contract draft by the customer. If the acceptance does not occur within the option period set by gioiAcasa, the offer loses its validity. Option dates (offers, order confirmations, etc.) are binding for both parties. The gioiAcasa may automatically dispose of the reserved rooms after expiry of the option period and is entitled to let the rooms to other parties. In the event of any discrepancies between the contract and these GTC, the agreements made in the contract shall take precedence. Contractual partners are gioiAcasa and customer. If the customer is not the organizer himself, or if a commercial intermediary or organizer is engaged by the customer, the customer is jointly and severally liable with the organizer for all obligations arising from the contract.
The gioiAcasa is obligated to provide the services ordered by the customer and promised by the gioiAcasa. The customer is obligated to pay the agreed or applicable prices of the gioiAcasa for these and other services used. This also applies for services and expenses of gioiAcasa to third parties, especially for claims of copyright collecting societies. The agreed prices include the statutory value added tax. In the event of an increase in value added tax, the prices shall be adjusted in accordance with the value added tax rates applicable during the period of the event or service provision. The agreed prices also include the service charge. If the period between the conclusion of the contract and the event or the provision of services exceeds twelve months and if the price charged by the gioiAcasa for such services increases, the contractually agreed prices may be adjusted accordingly by the gioiAcasa.
The gioiAcasa is entitled to demand an appropriate advance payment or security deposit from the customer upon conclusion of the contract. The amount and due date of the advance payment shall be regulated separately in the contract and charged to the total invoice of the organizer.
Generally, an attempt will be made to reallocate unused reservations. If this succeeds, no costs arise for the guest. The proof of a lower damage remains with the guest or organizer, the proof of a higher damage remains reserved for the gioiAcasa. Decisive for the calculation is the arrival of the written cancellation at gioiAcasa.
4.1 Withdrawal of the customer
The withdrawal or date mutation or cancellation of the customer from the contract concluded with the gioiAcasa requires the written consent of the gioiAcasa. If between the gioiAcasa and the customer a date for the free withdrawal from the contract was agreed in writing, the customer can withdraw from the contract until then without triggering payment or damage claims of the gioiAcasa. The customer’s right to withdraw from the contract expires if he does not exercise his right to withdraw in writing to gioiAcasa by the agreed date. The deadlines due in the event of a withdrawal or cancellation are regulated separately in the contract.
4.2 Changes in the number of participants, rooms, event time
The gioiAcasa and the customer agree in the contract on the intended number of event participants (“agreed number of participants”).
(“agreed number of participants”), respectively the intended number of required rooms (“agreed number of rooms”).
If no notification is made in sufficient time, the agreed number of participants or the agreed number of rooms shall be deemed to be definitive. In the event of an upward deviation, the actual number of participants or the actual number of rooms will be charged. In case of deviations in the number of participants by more than 10%, gioiAcasa is entitled to reset the agreed prices as well as to exchange the confirmed rooms, if this is not unreasonable for the customer. If the agreed start or end times of the event are postponed and the gioiAcasa agrees to these deviations, the gioiAcasa may charge the customer appropriately for the additional service provided if the gioiAcasa is not at fault. This applies in particular to booked arrangements which are rescheduled to a new date, but where gioiAcasa is no longer able to provide a service because the service limit has been reached by the booking status. With what the cancellation modalities come to bear.
The gioiAcasa will try to sell reserved but not needed rooms. Should this not succeed, the contractually agreed cancellation conditions apply.
4.3 Withdrawal of the gioiAcasa
The gioiAcasa’s obligation is to keep the rooms ready according to the order. In special cases, however, the gioiAcasa reserves the right to return the booked rooms. If a cost-free right of withdrawal of the customer within a certain period of time has been agreed upon in writing, the gioiAcasa is entitled for its part to withdraw from the contract within this period of time if there are inquiries from other customers for the contractually booked event rooms and the customer does not waive his right of withdrawal upon inquiry by the gioiAcasa. If an advance payment or security deposit agreed in writing is not made even after the expiry of a reasonable grace period set by the gioiAcasa, the gioiAcasa is also entitled to withdraw from the contract.
Furthermore, the gioiAcasa is entitled to withdraw from the contract for factual reasons, for example:
– if force majeure or other circumstances beyond the control of the gioiAcasa make the fulfillment of the contract impossible;
– events and/or service provision have been booked under misleading or false information of essential facts (e.g. customer, purpose etc.);
– the gioiAcasa has reasonable grounds to believe that the event and/or the provision of services may jeopardize the smooth operation of the business, the safety, or the public reputation of the gioiAcasa, without this being attributable to the organizational area of the gioiAcasa.
In case of justified withdrawal of the gioiAcasa’s no claim of the customer for damages arises. Notwithstanding the foregoing, the customer is obliged to inform the gioiAcasa without being asked if the event and/or the provision of services is likely to cause public interest or to impair or endanger the interests of the gioiAcasa due to its content or character.
5. Payment modalities
The gioiAcasa is entitled to charge a reasonable advance payment or security deposit at any time. We reserve the right to require advance contractual payment for the reservation in whole or in part. The amount and payment dates will be agreed in writing in the contract.
6. Other provisions
6.1 Advertising and decoration
Unless otherwise agreed, newspaper advertisements and advertising measures of the customer with references to events at the gioiAcasa require the prior written consent of the gioiAcasa. The attachment of decorative material or other objects which may damage the walls or other facilities of the gioiAcasa’s or impair its appearance requires the written consent of the gioiAcasa. The customer shall guarantee that the decoration material complies with the fire regulations, the gioiAcasa is entitled to demand corresponding official proof. After the end of the event, decoration and exhibition items brought along must be removed and disposed of immediately at the customer’s own expense.
If the gioiAcasa is entrusted by the customer with the disposal of packaging material, the gioiAcasa is entitled to charge the customer for the costs incurred. In the event of failure to do so, removal and storage will be carried out by the gioiAcasa at the expense of the customer. If the items remain in the event room, the gioiAcasa is entitled to charge the customer an appropriate room rent for the duration of the stay. The customer is free to prove that the claim did not arise or did not arise in the amount claimed.
6.2 Smoking Prohibition
Smoking is prohibited in all rooms and public areas of the gioiAcasa’s. Smoking is allowed in the outdoor area. We also ask for consideration for other guests on the terrace. The gioiAcasa reserves the right to charge CHF 250.00 for costs caused by smoking.
6.3 Applicable law, place of jurisdiction
Swiss law is applicable to the legal relationship between you and the gioiAcasa. The invalidity of individual provisions of the contractual relationship does not lead to the invalidity of the entire contract. Bern is agreed as the place of jurisdiction, whereby the gioiAcasa remains free to sue at the defendant’s place of residence.
6.4 Lost property
Lost property will only be forwarded upon request, at the risk and expense of the guest. Otherwise, the things will be used after a one-month storage period. In case of loss or damage of the forwarding by the post office as well as not in time arrival, no liability arises to the gioiAcasa.
The insurance for the event or for materials brought in (brought-in goods) is the responsibility of the organizer. The gioiAcasa may request proof of this insurance.
The customer is liable to the gioiAcasa for damage and loss caused by him or his assistants or participants, without the gioiAcasa having to prove fault. Exhibits or other items, including personal items, which are carried along are at the risk of the customer at the gioiAcasa. The gioiAcasa accepts no liability for loss, damage or destruction, including financial loss, except in cases of gross negligence or intent on the part of the gioiAcasa. The gioiAcasa declines all liability for theft and damage to materials brought in by organizers, participants, speakers or third parties. The customer is liable without regard to fault for loss or damage caused by his employees as well as by event participants, as well as for loss or damage caused by himself. Upon gioiAcasa’s request, the customer has to prove the conclusion of suitable liability insurances. Otherwise, the gioiAcasa assumes no liability for valuables, cash, wardrobe, musical instruments, etc. brought to the event. The gioiAcasa strives for the punctual execution of wake-up orders, the timeliness and accuracy of message transmission and a timely delivery of merchandise shipments. The above paragraph does not imply any liability on the part of the gioiAcasa. The gioiAcasa is anxious to avoid damage, from this fact no claim can be derived against the gioiAcasa or its employees. The gioiAcasa has no duty of supervision. The gioiAcasa is liable to the customer in case of intentional or grossly negligent contractual or non-contractual damage to vehicles or goods of the guests. The damage must be reported to the gioiAcasa at the latest at the time of leaving the gioiAcasa property. Proof of fault is the responsibility of the customer. Liability for damage caused by slight or medium negligence as well as liability without fault are excluded. The gioiAcasa is not liable under any legal title for services which it has merely arranged for the guest. Special provisions apply to guest laundry.
8. Final provisions
Should individual components of these GTC for event and/or accommodation contracts be invalid or void, this shall not affect the validity of the remaining provisions. Deviating agreements must be made in writing in order to be valid.
Status: October 2023