South Country Suites

General Terms and Conditions for South Country Suites:
These general Terms and Conditions of Business ("Terms andConditions") govern the legal relationship between you and South CountrySuites Bern Westside (hereinafter referred as South Country Suites) and applyto the rental provision of South Country Suites rooms for accommodation purposes,and to seminar, conference, banqueting and event spaces for events such asbanquets, seminars, conferences, exhibitions, presentations, etc., and to allrelated goods and services supplied by South Country Suites to the contractualparty (the "Customer"). The General Terms and Conditions of Businessof the contractual partner and credit card companies do not apply here and areexpressly excluded. The reservation/order confirmation, or confirmation of anoffer signed by you, serves as the basis of the agreement.  
2.Expiry Dates 
The contract becomes effective when the Customer accepts inwriting the draft offer/contract from South Country Suites. If acceptance isnot received from the Customer by the expiry date set by South Country Suites,the offer will cease to be valid. Expiry dates (for offers, order confirmationsetc.) are binding for both parties. Right of use of the reserved conferencerooms / bedrooms automatically reverts to South Country Suites once the expirydate has passed, and South Country Suites shall be entitled to rent them out tothird parties. Where there is any difference between the contract and thepresent Terms and Conditions, the provisions of the contract shall prevail. Thecontracting parties are South Country Suites and the Customer. If the Customeris not the actual organizer and the Customer uses the services of a commercialagent or organizer as an intermediary, then the Customer and the organizershall be jointly and severally liable towards South Country Suites for allobligations arising from the agreement.  
3.Services 
South Country Suites undertakes to provide the services ordered bythe customer and agreed by South Country Suites. The Customer undertakes to paythe agreed or applicable South Country Suites rates for these, and otherservices used. This also applies to services and expenses to third partiesarranged by South Country Suites on behalf of the Customer, notably regardingclaims asserted by copyright companies. The contractually agreed prices includestatutory value-added tax. In the event of a VAT increase, prices will beadjusted in line with the VAT rate applicable at the time of the event orservice being provided. The contractually agreed prices also include a servicecharge. If the period between concluding the contract and the time of the eventor service exceeds twelve months, and South Country Suites increases the ratecharged for services of the same kind, the contractually agreed rates may beadjusted accordingly by South Country Suites. SouthCountry Suites reserves the right to request a reasonable advance payment orsecurity deposit from the Customer on conclusion of the contract. The amount ofthe deposit and the exact date on which it is due are defined separately in thecontract. When attendees at an event are themselves paying separately forpurchased services (e.g. parking, drinks etc.), but do not settle their billsfor these services locally, any services used but unpaid for will be charged tothe organizer’s overall invoice. 
4. Cancellations 
As far as possible, South Country Suites will try to rent outunused reserved rooms to third parties. If this is successful, the guest willnot incur any costs. The Customer reserves the right to furnish evidence of alesser loss; South Country Suites reserves the right to furnish evidence of agreater loss. The relevant notice date is the date on which a cancellationreaches South Country Suites.  
4.1Cancellation by the Customer 
Written consent from South Country Suites is required if theCustomer wishes to withdraw from, cancel, or change the dates in the contractagreed with South Country Suites. If South Country Suites and Customer haveagreed, in writing, to a date by which the contract may be cancelled free of charge,then the Customer may withdraw from the contract up until that date withoutincurring any payment or compensation charges against South Country Suites. TheCustomer's right to withdraw from the contract expires if they do not exercisethis right in writing to South Country Suites by the agreed date. The deadlinesapplicable in the event of withdrawal or cancellation are defined separately inthe contract. Where a price per head (room hire & catering) has beenagreed, lost revenue will be calculated based on the number of attendees andthe price per-head. In all other cases, lost revenue will be calculated basedon the cost of room hire and the cost of catering. In the event of acancellation between 8 and 4 weeks before the start of the event, the Customerwill be invoiced for the agreed cost of room hire plus 35% of the cateringcosts; for any cancellation made later, this will increase to 75% of cateringcosts. If a set menu price has not yet been agreed, the cost of the cheapestcurrently valid 3-course set menu will be applied. The Customer reserves theright to demonstrate that the charges invoiced did not arise or did not ariseto the amount claimed. 
4.2Changes to the number of participants, rooms or to the time of the event 
In the contract, South Country Suites and the Customer agree theplanned number of participants ("agreed number of participants")and/or the planned number of South Country Suites rooms required ("agreednumber of rooms"). The Customer will provide South Country Suites with thedefinitive number of participants ("definitive number ofparticipants") and/or the definitive number of South Country Suites roomsrequired ("definitive number of rooms") no later than seven workingdays prior to the event. If the Customer does not notify South Country Suitesof the definitive numbers by the agreed deadline, the agreed number ofparticipants and/or rooms shall be taken as the definitive number. In the eventthat the actual number of participants and/or rooms is higher, the Customerwill be invoiced based on actual numbers. In the event that the number ofparticipants deviates by more than 10 %, South Country Suites reserves theright to redefine the agreed prices and to exchange the confirmed rooms, ifthis is acceptable to the Customer. If the agreed start and end times of theevent are changed and if South Country Suites agrees to these changes, then SouthCountry Suites may charge adequate fees for any additional availability ofservices, unless the changes are the fault of South Country Suites. Thisapplies in particular to booked packages where the event is moved to a new dateand where South Country Suites cannot commit to providing services on that datedue to capacity issues caused by other bookings. In this case, the cancellationpolicy applies. If the agreed number of rooms is reduced to fewer than 10 roomsper night, the special group rate will cease to be valid and the currentlyapplicable daily rates will apply. No shows (when a room is reserved and thennot used but neither is it cancelled) on the day of arrival will be invoiced tothe customer at 100% of the agreed price. The costs payable in the event of a reductionin the number of participants or the number of rooms are defined separately inthe contract. South Country Suites will try to resell meeting rooms and/or SouthCountry Suites rooms that are reserved but unused. Should this not be possible,the contractually agreed cancellation policy will apply. 
4.3 Cancellation by South Country Suites 
South Country Suites is obliged to provide the bedrooms andconference rooms listed in the reservation. However, in special circumstances, SouthCountry Suites reserves the right to cancel reservations of bedrooms and conferencerooms. If it has been agreed in writing that the Customer may withdraw from thecontract within a specified period of time, then South Country Suites isequally entitled to withdraw from the contract within this time period if othercustomers wish to use the contractually reserved rooms and the Customer willnot relinquish their right of withdrawal from the contract. If an advancepayment or deposit that has been agreed in writing is not made even after SouthCountry Suites has offered a suitable time extension, South Country Suites islikewise entitled to withdraw from the contract. Moreover,South Country Suites is entitled to withdraw from the contract for objectivelyjustifiable reasons, e.g.: -if it is impossible to fulfil the contract due to force majeure or othercircumstances beyond the control of South Country Suites; -if events and/or services are booked under false pretenses or on the basis oferroneous or fraudulent information (e.g. about the organizer or purpose of theevent); - SouthCountry Suites has justified cause believe that the event and/or services may jeopardizethe smooth functioning of the business or the security or public reputation of SouthCountry Suites, without such matters being attributable to South Country Suites’organization. Inthe event of justifiable cancellation by South Country Suites, the Customer shallhave no right to damages. Notwithstanding the previous paragraphs, the Customeris obliged to inform South Country Suites without being asked when the contentor nature of the event and/or services are liable to arouse public interest orimpair or jeopardize South Country Suites’ affairs.  
5. Payment Methods 
South Country Suites reserves the right to request a reasonableadvance payment or security deposit from the Customer at any time. We reservethe right to demand full or partial contractual prepayment for reservations.The amount of the payment and the exact date on which it is due are agreed inwriting in the contract. For events where the Customer's registered offices areabroad, we require full payment in advance. Forevents where the total invoice is less than CHF 300.00, the event organizermust pay the venue on the day of the event, otherwise they may be liable to payan administration fee of CHF 20.00. South Country Suites invoices are payablewithin 15 days of receipt of invoice and without deduction. In the event of adefault in payment, South Country Suites reserves the right to charge intereston arrears at the rate of 7%. Reminder fees may be levied to coveradministration costs. 
6. Other Provisions 
6.1 Advertising and decoration 
Unless otherwise agreed, prior written consent from South CountrySuites is required for the Customer to make reference to events at SouthCountry Suites in newspaper advertisements and advertising campaigns. Bringingand installing decorative materials or other items that could damage SouthCountry Suites’ walls or other equipment, or compromise the appearance of SouthCountry Suites, requires written consent from South Country Suites. TheCustomer is responsible for ensuring that the decorative material conforms withfire regulations; South Country Suites reserves the right to requestappropriate official proof of this. Any exhibits or other items brought into SouthCountry Suites are to be removed without delay and at the Customer's ownexpense once the event has finished. Ifthe Customer asks South Country Suites to dispose of packaging materials, SouthCountry Suites reserves the right to charge the Customer for any costsincurred. In the event of default, South Country Suites will charge theCustomer for any removal or storage by South Country Suites. If the items areleft in the event room, South Country Suites reserves the right to charge theCustomer an appropriate fee for room hire for the duration of the period theitems remain there. The Customer reserves the right to demonstrate that thecharges did not arise or did not arise to the amount claimed. 
6.2 No smoking policy 
Smoking is prohibited in all rooms and public spaces in SouthCountry Suites. Smoking is allowed in outdoor areas. Please show dueconsideration for other guests on the terrace. South Country Suites reservesthe right to charge guests CHF 250.00 for costs incurred by smoking.  
6.3Applicable law, place of jurisdiction 
Legal relations between South Country Suites and its guests aregoverned by Swiss law. If individual provisions of this contract are or becomeinvalid, this shall not affect the validity of the rest of the contract. Theplace of jurisdiction is Bern. South Country Suites reserves the right to makea claim in the domicile of the defendant.  
6.4SUISA copyright fees and noise levels 
In accordance with Swiss copyright law and internationalagreements, the organizers will themselves arrange to obtain the authorizationof the Cooperative Society of Music Authors and Publishers in Switzerland(SUISA) for the use of copyright material. The Customer undertakes to ensurethat noise levels at events remain at a level suitable for the environment (SouthCountry Suites), in particular after midnight. South Country Suites reservesthe right to control noise levels appropriate in order to ensure that theenvironment suffers no long-term impact. Service providers working on behalf ofthe Customer on South Country Suites property must pay attention and adhere tothe following: smoking is prohibited in all public areas, cloakrooms to be keptclean and tidy, meals to be eaten in specified areas only, deliveries to bemade only via South Country Suites’ incoming goods department or, inexceptional cases, via routes specified by South Country Suites. Installationsin public areas must be agreed with South Country Suites. As a general rule, itis prohibited to put installations in the lobby.  
6.5Lost property 
Lost property will be forwarded only at the request, risk andexpense of the guest. Otherwise, the items will be stored for one month beforefurther use is made of them. South Country Suites accepts no liability for lossor damage or late delivery caused by forwarding an item via the postalservice.  6.6Food / drinks purchased elsewhere 
The Customer, organizer and/or participants are not allowed tobring along food or drink to events. Any exceptions to this provision aresubject to a written agreement with South Country Suites. In such cases, SouthCountry Suites will charge a service fee.  
6.7Extraordinary service costs 
Unless otherwise agreed, if an occasion or event continues pastmidnight, South Country Suites reserves the right to charge a rental fee and laborcosts. The Organizer may be charged for setting up the rooms, special cleaningexpenses, etc.  
6.8Insurance 
It is the responsibility of the organizer to arrange any insurancefor the event and/or materials brought in (estate brought in). South CountrySuites may request proof of this insurance.  
6.9Technical equipment 
The contractually agreed price covers the provision of basic technicalequipment (power connections, electricity, telephone without connectioncharges). Additional technical or other equipment can be provided by SouthCountry Suites or procured from third parties against a separate payment. If,at the Customer's request, South Country Suites provides technical and otherequipment acquired from third parties, it shall act on behalf of, on theauthority of and at the expense of the Customer.TheCustomer requires written consent from South Country Suites to use theCustomer's own electrical equipment if such equipment is to be connected to SouthCountry Suites’ power supply system. Any disruption or damage to South Country Suites’technical equipment caused by use of the Customer's equipment shall be theCustomer's liability, unless South Country Suites is responsible for thedamage. South Country Suites reserves the right to charge the Customer a fixedsum for electricity costs incurred. Anymalfunctions in the technical or other equipment provided by South CountrySuites will be remedied immediately whenever possible. Unless South CountrySuites is responsible for such malfunctions, the Customer shall not be entitledto retain or reduce payments. 
7. Liability 
The Customer is liable to South Country Suites for damages andlosses caused by them, their agents or event participants, without SouthCountry Suites having to prove the fault. Exhibits or other items, includingpersonal property, brought by the Customer to South Country Suites are there atthe Customer's risk. South Country Suites accepts no liability for loss,damage, destruction, or indeed for financial losses, except in cases of grossnegligence or intent on the part of South Country Suites. South Country Suitesdoes not accept any liability for theft or damage caused to materials broughtin by the event organizer, participants, speakers or third parties. TheCustomer is liable for any loss or damage caused by its employees orparticipants at the event, and for any loss or damage caused by the Customer. SouthCountry Suites may ask the Customer to provide proof of appropriate liabilityinsurance. Provided there is sufficient capacity, the Customer and participantsmay deposit valuables, cash, etc., in South Country Suites safe free of charge.The relevant cloakroom provisions apply to cloakrooms (in particular, noliability for unguarded cloakrooms). In other respects, South Country Suitesaccepts no liability for valuables, cash, clothes, musical instruments, etc.that are brought into South Country Suites. South Country Suites will endeavorto ensure the prompt implementation of wake-up calls, the punctuality andcorrectness of the delivery of messages and of post and goods consignments.Nevertheless, South Country Suites accepts no liability arising from thefailure to fulfill the services described in the above paragraph. South CountrySuites will make every effort to avoid any damage, however this fact does notmean that a claim can be made against South Country Suites or its employees. Ifa guest is provided with a parking space in South Country Suites garage or in adifferent place, including against payment, this does not constitute asafekeeping agreement. South Country Suites is under no obligation to providesurveillance. South Country Suites is liable to the Customer in cases of willfulor grossly negligent causation of damage to guests' vehicles or propertybreaching contractual or non-contractual obligations. The damage must bepointed out to South Country Suites, at the latest, by the time of leaving SouthCountry Suites property. It is the responsibility of the Customer to provideproof of fault. Liability for damage caused by inadvertent or minor negligenceand liability without fault are explicitly excluded. Under no circumstancesdoes South Country Suites accept liability for services it has merely procuredfor the guest. Special provisions apply to guests' laundry.  
8.Final provisions 
Should individual provisions set out in these General Terms andConditions of Business be invalid or void, the validity of the other provisionswill remain unaffected. Any agreements differing from these conditions must bemade in writing to be deemed valid.