General Terms and Conditions (GTC)
1. General Provisions
These General Terms and Conditions (GTC) govern the legal relationship between the guest/customer/organizer, hereinafter referred to as the Guest, and Lissel AG, the operator of Lamira Serviced Apartments, hereinafter referred to as Lamira
For simplicity, the term “contract” is used throughout these GTC regardless of the service being re-ferred to.
Only the GTC valid at the time of contract conclusion shall apply. The guest’s general terms and condi-tions are only applicable if explicitly agreed upon in writing prior to the contract’s signing.
lf individual provisions of these GTC are deemed invalid or void, the validity of the contract and the re-maining GTC provisions shall remain unaffected. In all other cases, statutory provisions shall apply.
2. Jurisdiction / Applicable Law
For any disputes arising from this contract, the place of jurisdiction is Zug, unless a different legally mandatory jurisdiction exists.
Swiss law exclusively applies to all contracts, reservations, additional agreements, and general condi-tions. The place of performance and payment is the registered office of Lamira.
3. Definitions
Groups: Groups within the meaning of these GTC are travel groups with a minimum number of three booked persons.
Written confirmations: Text and e-mail messages are also deemed tobe written confirmations.
The contractual parties are Guest and Lamira Serviced Apartments.
4. Subject of the Contract / Scope
The contract for renting rooms, apartments, studios, spaces, and other deliveries and services is con-cluded upon the Guest’s written confirmation or implicitly.
A reservation made on the day of arrival becomes binding upon acceptance by Lamira.
Contract modifications become binding for Lamira only upon written reconfirmation. Unilateral chang-es or additions to the contract by the Guest are invalid.
Subletting or further renting of the provided rooms and their use for purposes other than accommoda-tion require Lamira’s prior written consent.
5. Scope of Services
The scope of services is determined by the Guest’s individual reservation and confirmation. Unless otherwise agreed, the Guest has no claim to a specific apartment.
lf no apartment is available despite a confirmed reservation, Lamira must inform the Guest in time and provide an equivalent substitute accommodation in a nearby hotel of comparable or higher category.
Any additional costs for substitute accommodation are borne by Lamira. lf the Guest declines the sub-stitute room, Lamira must refund any prepaid amounts (e.g., deposits). Further claims by the Guest are excluded.
6. Duration of Use
Unless otherwise agreed, the Guest has the right to use the rented premises from 2:00 PM on the agreed arrival date until 10:00 AM on the departure date.
lf the Guest arrives after 6:00 PM, they must inform Lamira by 12:00 PM on the arrival day via phone or in writing; otherwise, Lamira may reallocate the apartment.
lf the guest is late in vacating the room by one hour or more, Lamira may charge additional fees. Con-tractual claims of the guest for the proper continued use of the areas are not justified by this; the right to claim damages remains reserved.
lf the guest leaves the apartment late, Lamira reserves the right to remove the guest’s belongings from the apartment and store them in a suitable place in the building at the guest’s expense.
7. Options
Option deadlines are binding for both parties. After the option deadline lapses, Lamira may reallocate the apartment, rooms or services without further notice.
The confirmation must reach Lamira by the last day of the option period.
8. Prices / Payment Obligations
Lamira’s communicated prices are in Swiss Francs (CHF) and include statutory VAT, applicable visitor taxes, and other fees.
The Guest must pay the agreed or applicable prices for room rentals and other services utilized, includ-ing orders placed by their companions or visitors.
An increase in statutory charges after contract conclusion is borne by the Guest. Price indications in foreign currencies are approximate and are charged at the daily exchange rate. Prices confirmed by Lamira are binding.
Prices may change if the Guest alters the number of booked rooms, Lamira’s services, or the Guest’s stay duration.
Payments must be made within 10 days of receiving the reservation confirmation, unless otherwise agreed in the invoice. For short-term reservations, Lamira requires payment confirmation by 2:00 PM on the arrival day for the total booking amount.
Failure to make an advance payment or provide a credit card guarantee within the specified period enti-tles Lamira to withdraw from the contract (including all service commitments) without notice and charge cancellation fees as specified in clause 10.
Lamira reserves the right to issue interim invoices for services provided.
The final invoice includes the agreed price plus any additional costs incurred for services provided by Lamira to the Guest and/or their companions. The final invoice must be paid in Swiss Francs by cash or accepted credit card at check-out on the departure day unless otherwise agreed.
In the event of late payment, the debtor shall be in default without further notice. The dunning process is staggered: The first reminder is a free payment reminder. A reminder fee of CHF 10 will be charged with the second reminder. lf payment is still not made after this, a fee of CHF 20 will be charged with the third reminder and legal action may be taken to enforce the claim.
From the time of default, default interest of 5% per year will be charged in accordance with Art. 104 of the Swiss Code of Obligations.
Set-offs against Lamira’s claims are excluded.
9. Lamira’s Withdrawal
Lamira may withdraw from the contract without costs up to 30 days before the agreed arrival date.
Additionally, Lamira may withdraw from the contract immediately and with immediate effect for justi-fied reasons:
Examples of justified reasons include:
- an agreed advance payment or security deposit is not made within the period set by Lamira;
- force majeure or other circumstances for which Lamira is not responsible and which make it objec-tively impossible to fulfil the contract;
- Rooms or rooms that are booked or used with misleading or false information, g. in the person of the guest or the purpose of use or stay;
- Lamira has reasonable grounds to believe that the use of the agreed services may impair the smooth operation of the business, the safety of other guests or the reputation of Lamira;
- the purpose or reason for the stay is
In such cases, the Guest is not entitled to claim damages, and Lamira retains the right to charge for booked services.
10. Cancellation ot reservation / Cancellation Fees
Cancellation ot the reservation requires the written consent of Lamira. lt this is not given, the agreed price must be paid even it the guest does not make use ot contractual services. lt the guest does not show up (“no-show”), 100% ot the booked services will be charged.
Decisive for the calculation of the cancellation tee is the arrival ot the guest’s written cancellation at Lamira. This applies to Letters as well as fax and e-mail messages.
lf the guest withdraws trom the contract without an authorized cancellation or it certain reserved ser-vices are changed or cancelled, Lamira may charge the following cancellation fees.
Cancellation Fees:
Individual and group reservations:
- 60days before the agreed arrival date, the guest may withdraw from the contract without incurring
- written cancellation otthe stay 60 to 31 days before the confirmed arrival date: 10 % of the confirmed
- writtencancellation ot the stay 30 to 15 days before the confirmed arrival date: 35 % ot the confirmed reservation.
- written cancellation ot the stay 14 to 8 days before the confirmed arrival date:
50 % of the confirmed reservation
- written cancellation of the stay 7 to 2 days before the confirmed arrival date: 80 % of the confirmed reservation.
- written cancellation less than 48 hours before the confirmed arrival date: 100 % of the confirmed reservation.
Lamira may demand a 100% advance payment for all reservations, which the guest must pay immedi-ately, but at the latest by the end of the deadline set. ff this advance payment is not made, Lamira may allocate the rooms elsewhere. Any resulting inconvenience or non-letting of rooms may be charged to the party responsible.
Loss minimization
Lamira endeavours to reallocate the unused services for cancelled individual and group reservations. lf Lamira is able to provide the cancelled services to third parties during the agreed period, the guest’s cancellation fee will be reduced by the amount paid by these third parties for the cancelled service.
11. Impediments to Arrival
lf the guest cannot arrive or cannot arrive on time due to force majeure (flood, avalanche, earthquake, 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 shall be revived from the moment the guest is able to arrive.
12. Early Departure
lf the guest departs early, Lamira is entitled to charge 100% of the total booked services.
In the event of early departure, Lamira will endeavour to reallocate the unused services. lf Lamira is able to provide the unused services to third parties during the agreed period, the guest’s invoice amount will be reduced by the amount paid by these third parties for the cancelled service.
13. Stay / Keys / Safety / Internet/ Smoking
The apartment is reserved exclusively for the registered Guest. The transfer of the apartment to a third party or its use by an additional person requires written approval of Lamira.
By concluding a contract, the guest acquires the right to the usual use of the rented rooms and the fa-cilities of Lamira by all booked persons, which are usually accessible to the guests for use without spe-cial conditions, and to the usual service. The guest must exercise his rights in accordance with any hotel and/or guest guidelines (house rules).
The room card/key issued by Lamira remains the property of Lamira and allows 24-hour access to the building. The loss of the card/key must be reported to Lamira immediately. The guest will be charged CHF 15.- for a damaged card and CHF 30.- for a lost card/key.
To access the Internet, guests must obtain their personal Login details by Lamira. This service is free of charge for all guests.
Guests are responsible for the use of their Login details. They are liable for misuse and illegal behaviour when using the Internet.
Smoking is prohibited throughout the entire Lamira building; smoking is only permitted in outdoor are-as.
14. Extension of the stay
Unless otherwise agreed, the guest is not entitled to an extension of his/her stay.
lf the guest is unable to leave the apartment on the day of departure due to unforeseeable exceptional circumstances / force majeure (e.g. extreme snowfall, flooding, etc.) and all departure options are blocked or unusable, the contract shall be automatically extended at the previous conditions for the duration of the impossibility of departure.
15. ltems brought by the guest
Any exhibition or other items, including personal items, brought into the event rooms or on the Lamira premises are at the risk of the guest. Lamira assumes no duty of care or safekeeping. Lamira accepts no liability for the loss, destruction or damage of items brought in, except in cases of gross negligence or intent on the part of Lamira. The guest is responsible for insuring any items brought in.
Decorative material brought in must comply with fire regulations. Lamira is entitled to demand official proof of this. Due to possible damage, the installation and attachment of objects must be agreed with Lamira in advance.
The exhibits or other items brought in must be removed immediately after the end of the event. Lamira may have items left behind removed and/or stored at the guest’s expense. lf removal involves a dispro-portionate amount of effort, Lamira may leave the items in the event room and charge the guest the usual room rental fee for the period that they remain there.
Packaging material (cardboard, crates, plastic etc.) which arises in connection with the delivery of the event by the guest or third parties must be disposed of by the guest. lf the guest leaves packaging ma-terial behind at Lamira, Lamira is entitled to dispose of it at the guest’s expense.
16. Actions, Usage, and Liability
a) Lamira
Lamira Limits its liability to the guest to the extent permitted by law for minor or moderate negligence and is only liable for damage caused intentionally or through gross negligence.
Should disruptions or defects occur in Lamira’s services, Lamira will endeavour to remedy the situation upon immediate notification by the guest. lf the guest fails to report a defect in good time, there is no entitlement to a reduction in the contractually agreed remuneration.
Lamira is liable for items brought in by guests in accordance with the statutory provisions, i.e. up to the amount of CHF1’000. Lamira is not liable for slight or medium negligence. lf valuables (jewellery etc.), cash or securities are not handed over to Lamira for safekeeping, Lamira’s liability is excluded to the ex-tent permitted by law. Lamira recommends that money and valuables are always kept in a safe.
lf any damage is not reported to Lamira as soon as it is discovered, the guest’s claims will be forfeited.
Lamira is not liable under any legal title for services which it has merely arranged for the guest. Lamira accepts no liability for theft or damage to material brought in by third parties.
b} Guest
The Guest is liable to Lamira for any damage or loss caused by them, their companions, or their event participants, without requiring proof of fault by Lamira.
The Guest is responsible for the correct use and proper return of all technical equipment/facilities pro-vided by Lamira or procured through third parties on Lamira’s behalf and is liable for any damage or loss.
The Guest is liable for expenses and services arranged by Lamira on behalf od third parties
c) Third Party
lt a third party makes the booking for the guest, it is liable to Lamira as the ordering party together with the guest as joint and several debtors for all obligations arising from the contract. lrrespective of this, the customer is obliged to forward all information relevant to the booking, in particular these general terms and conditions, to the guest.
17. lllness or death oft the Guest
lf a guest falls ill during their stay at Lamira, Lamira will notify a doctor at the guest’s request. lf the guest is no langer able to act and Lamira is aware of the illness, Lamira will notify the doctor.
In any case, medical care will be provided at the Guest’s expense. The contract with Lamira ends with the death of the guest.
18. Pets
Pets may only be brought with Lamira’s prior consent and for an additional fee.
Guests who bring an animal with them are obliged to keep or supervise this animal properly during their stay or to have it kept or supervised by a suitable third party at their own expense.
The guest must have appropriate pet owner’s insurance for their animal. Proof of such insurance must be presented upon request by Lamira.
Animals are not permitted in the wellness and sports area of Lamira.
19. Lost property
Lost property will be forwarded if the ownership is clear and the residential or business address is known. The guest bears the costs and risk of forwarding.
After a storage period of one month, the items will be handed over to the local lost and found office or disposed of properly.
20. Additional provisions
lf the guest requests services that are not provided by Lamira itself, Lamira acts merely as an intermedi-ary.
The statutory limitation periods apply. lnsofar as these can be amended, an absolute limitation period of 6 months after departure applies to claims for damages by the guest.
Advertisements in the media (such as newspapers, radio, television, internet) with reference to events at Lamira, with or without the use of the unchanged company Logo, require prior written consent of Lamira.