Terms and conditions of Capsule Hotels Green Marmot GmbH (LLC)
These general terms and conditions (hereinafter referred to as GTC) apply to the provision of beds, also referred to as capsules, as well as to all other associated services and deliveries by Green Marmot GmbH (hereinafter referred to as hotel) to customers. All hotel offers are based on the following terms and conditions. They form an integral part of every contract. Should these GTC contradict any contractual terms of a customer, these GTC shall take precedence.
2. Conclusion of contract
After the customer has made the reservation, he will receive a written reservation confirmation from the hotel. The contract between the parties only comes into effect with this written confirmation of reservation from the hotel to the customer.
3. Subject of the contract / scope
The contract for the rental of capsules comes into effect with the written confirmation of the guest or the customer . A reservation made on the day of arrival is binding at the moment it is accepted by the hotel.
Changes to the contract only become binding for the hotel after a (written) reconfirmation. Unilateral changes or additions to the contract by the guest are ineffective. The prior written consent of the hotel is required for the subletting and reletting of the provided capsules as well as their use for purposes other than accommodation.
4. Scope of services
The scope of services of the contract is determined by the individually made and confirmed reservation of the guest. The guest is not entitled to a specific capsule or to a locker. If, despite a confirmed reservation, no capsules are available in the hotel, the hotel must inform the guest in good time and offer an equivalent replacement (hostel, youth hostel, etc.) in a nearby hotel in a comparable category. Any additional expenses for the replacement accommodation will be borne by the hotel. If the guest refuses the replacement, the hotel must immediately reimburse the service already rendered by the guest. Further claims of the guest do not exist.
5. Duration of use
Unless otherwise agreed, the guest has the right to use the rented rooms from 2 p.m. on the agreed day of arrival until 10 a.m. on the day of departure. In case of arrival after 10:00 p.m., the hotel must be informed by telephone on the day of arrival by 10:00 p.m. at the latest.
If the guest releases the capsules late by 4 hours or more, the hotel can charge 100% of the full accommodation price for use that exceeds the contract (standard price) into account. We reserve the right to assert claims for damages. In the event of the guest leaving the capsule late, the hotel reserves the right to dispose of the guest's objects from the capsule and the locker.
6. Services, payments and prices
The hotel undertakes to provide the services ordered by the customer and promised in writing by the hotel. All prices are in Swiss francs (CHF) and include the statutory value added tax (VAT). The hotel is entitled to request a reasonable down payment at any time. The amount of the deposit and the payment dates are agreed in writing in the reservation confirmation. If the customer does not meet his obligation to make payment on time, the hotel is entitled to withdraw from the contract. The customer is liable to the hotel for the resulting damage. If no deposit is requested by the hotel, the entire invoice amount must be paid by the customer by credit card (Mastercard, VISA, etc...), debit card (EC/Maestro, Postcard) or in cash at the latest by the time of arrival. Price changes by the hotel are expressly reserved. An increase in statutory charges after the conclusion of the contract is at the expense of the guest, prices in foreign currencies are guide values and are charged at the respective daily exchange rate.
7. Cancellation by the hotel
Up to and including 1 day before the guest's agreed arrival date, the hotel can withdraw from the contract without incurring any costs. Furthermore, the hotel is entitled to withdraw from the contract at any time for an objectively justifiable reason by means of an immediate, unilateral and written declaration and with immediate effect: Examples of objectively justifiable reasons are:
- Non-compliance with the (house rules) by the guest
- The guest influences the well-being of other guests or endangers their safety
- The guest commits an illegal act
- Agreed payment will not be made during the period set by the hotel
- Force majeure or other circumstances for which the hotel is not responsible and which make it objectively impossible to fulfill the contract
- Capsules that are booked or used under misleading or false information, e.g. in the person of the guest or the purpose of use or stay
- The hotel has reasonable grounds to assume that the use of the agreed services can impair smooth business operations, the safety of other hotel guests or the reputation of the hotel
- The guest has become insolvent (bankruptcy or unsuccessful seizure)
- The purpose or stay is illegal
- If the hotel withdraws for the aforementioned reasons, the guest is not entitled to compensation and the compensation for the booked services remains owed in principle
- If the hotel withdraws before the guest arrives, the guest will be fully reimbursed for the entire payment that they have already provided.
8. Cancellation of the reservation by the guest / cancellation fees
A cancellation of the reservation requires the written consent of the hotel. If this does not happen, the agreed price must be paid even if the guest does not use the contractual services. If the guest fails to appear (“no-show”), at least 100% of the booked services will be charged. The receipt of the written cancellation from the guest at the hotel is decisive for the calculation of the cancellation fee . This applies to both letters and e-mail messages. If the guest withdraws from the contract without an approved cancellation, or if certain reserved services are changed or canceled, the hotel can charge the following cancellation fees.
b) Cancellation fees according to the reservation confirmation, e.g
- Standard reservation: Free of charge up to 1 day before arrival, after that the cost of the first night is charged
- Non-refundable reservation: 100% of the reserved service
- Group reservations of 7 or more people: Free of charge up to 10 days before arrival after that 100% of the reserved service.
9. Impossible arrival
If the guest cannot arrive or cannot arrive on time as a result of force majeure (flooding, avalanches, earthquakes, etc.), they are not obliged to pay the agreed fee for the missed days. The guest must prove the impossibility of arrival. However, the obligation to pay for the booked stay is revived from the moment it is possible to arrive.
10. Early departure
If the guest leaves early, the hotel is entitled to charge 100% for the entire booked services. In the event of early departure, the hotel endeavors to give the unused services to someone else. If the hotel can otherwise provide the unused services to third parties within the agreed period, the guest's invoice amount will be reduced by the amount that these third parties pay for the canceled service.
11. Stay / access card, code key / security / internet
The capsule is reserved exclusively for the registered guest. Giving the capsule to a third party or using it by an additional person requires the (written) approval of the hotel. By concluding a contract, the guest acquires the right to the usual use of the rented rooms and hotel facilities by all booked persons, who are usually accessible to the guests for use without special conditions, and to the usual service. The guest must exercise their rights in accordance with any hotel and/or guest guidelines (house rules). The access card and code keys provided by the hotel remain the property of the hotel and enable 24-hour access to the hotel. The loss of the access card must be reported immediately to reception. Damage to or loss of the admission card will be charged to the guest at CHF 50.00. Access cards or code may not be shared with third parties (without reservation). To access the Internet, the guest must obtain the password from reception. This service is free for all guests. The guest is responsible for the use of their login data. They are liable for misuse and illegal behavior when using the Internet.
12. Extension of stay
The guest is not entitled to have their stay extended. If the guest is unable to leave the hotel on the day of departure (force majeure), the contract will be automatically extended at the applicable market conditions for the duration of the impossibility of departure, provided that the hotel's availability allows for an extension.
13. Actions, Use and Liability
The hotel waives liability towards the guest within the framework of the legal possibilities for slight and medium negligence and is only liable for damage caused intentionally or through gross negligence. Should disruptions or defects occur in the hotel's services, the hotel will endeavor to remedy the situation upon direct notification by the guest. If the guest fails to notify the hotel of a defect in good time, there is no entitlement to a reduction in the contractually agreed fee.
The hotel is liable for the things brought in by the guests in accordance with the statutory provisions. Items that the guest personally hands over to the staff are considered to be brought in . The hotel is not liable for slight and medium negligence. If valuables, cash or securities are not handed over to the hotel for safekeeping by the staff, the hotel's liability is excluded within the scope of the legal possibilities. The hotel recommends not storing money and valuables in the locker or in the capsule. If any damage is not reported to the hotel immediately after its discovery, the guest's claims are lost. The hotel is not liable under any legal title for services which it has merely arranged for the guest. The hotel declines all liability for theft and damage to material brought in by third parties. The hotel declines any liability related to the storage in the capsules or in the locker (loss, theft or damage).
The guest is liable to the hotel for all damage and loss caused by them, their companions or their assistants / companions, without the hotel having to prove that the guest is at fault.
The guest is responsible for the correct use and the proper return of all technical aids / facilities that the hotel makes available to them or procures on their behalf through third parties, and is liable for damage and losses. The guest is liable to third parties for services and expenses arranged by the hotel.
c) Third party
If a third party makes the booking for the guest, they are liable to the hotel as the customer together with the guest as joint and several debtors for all obligations arising from the contract. Irrespective of this, each customer is obliged to forward all information relevant to the booking, in particular these general terms and conditions, to the guest.
14. Pets / animals
Animals may not be brought along. If a guest comes to the hotel with an animal or pet, the latter is entitled to withdraw from the contract.
15. Lost and founds
Lost property will be forwarded if the ownership is clear and the residential/business address is known. The guest bears the costs and the risk for the subsequent delivery. If ownership cannot be determined, lost property will be disposed of.
- The guest acknowledges that the entire hotel, excluding bathrooms and capsules, is under video surveillance for their own safety
- The guest only enters the hotel at night with an access card or code. If this is missing, the guest's residence permit will be checked
- According to the law, a daily guest list is communicated to the trade police.
17. House rules
Guests who do not respect the house rules in the hotel will be suspended and banned from the property
- Smoking is prohibited throughout the hotel
- Consumption of drugs, alcohol and other narcotics is not permitted
- Being drunk is forbidden
- It is forbidden to occupy the capsules with more than the intended number of people. Max 1 person in single bed capsule, Max 2 people in double bed capsule
- The guest must respect other guests, he or she must not influence their wellbeing, and not represent any security threats
- Animals are not allowed
- Noise must be avoided (music, loud phone calls, etc.)
18. Place of jurisdiction
The hotel's place of jurisdiction is Zurich, Switzerland
Zurich, 21 November 2022
Green Marmot GmbH (LLC)