1 Scope
1.1 These General Terms and Conditions (hereinafter referred to as "GTC") apply to the provision of event services and accommodation services, as well as all related services and deliveries by Bürgenstock Hotels AG, Bürgenstock Bahn AG and Hammetschwand Lift AG (hereinafter referred to as "Resort") to the Customer (hereinafter referred to as "Customer").
1.2 All offers made by the Resort are based on these GTC. They form an integral part of every contract between the Resort and the Customer. The Resort reserves the right to amend the GTC at any time and will publish the current version on the Resort's website. By using the Resort's services, the Customer accepts the currently applicable GTC. Any individual amendments to these GTC require an express written agreement between the parties. This also applies to any waiver of the requirement for the written form.
Should the present General Terms and Conditions of the Resort conflict with any contractual terms of the Customer, the present GTC of the Resort shall prevail.
2 Accommodation services
2.1 Room bookings
2.1.1 The Resort shall provide the accommodation services ordered by the Customer and confirmed by the Resort in writing or by email
2.1.2 Unless otherwise agreed in writing (including by email), the Customer shall not acquire any right to the provision of a specific room within a room category.
2.1.3 The rooms reserved by the Customer or the Customer's guests (the "Reserved Rooms") are generally considered to be bindingly booked for the Customer
2.1.4 Subletting and any kind of transfer of use of Reserved Rooms or other rooms of the Resort, as well as any items belonging to the Resort, to third parties requires the prior written consent of the Resort. If such consent is given, the Customer must transfer the obligations contained in these GTC to all third parties to whom they sublet the Reserved Rooms or other rooms. Furthermore, the Customer must inform the subtenants of their duties of care (in particular the duty to use the rented property with care).
2.1.5 If the Customer wishes to change the number of Reserved Rooms, make use of additional services of the Resort or change the length of stay, this requires the Resort's consent in writing or by email Price adjustments in this regard are expressly reserved
2.1.6 In the event of a no-show or early departure by a Customer, 100% of the Reserved Rooms will be charged.
2.1.7 The Customer undertakes to pay the agreed price or the price normally charged by the Resort for hotel rooms of the corresponding category and other services or goods. This provision also applies to any goods and services obtained by the Customer’s guests or visitors, including ancillary services such as food and beverage consumption, telephone calls, and similar.
2.2 Handover and return of Reserved Rooms
2.2.1 The Reserved Rooms can be occupied by the Customer on the agreed arrival day from 3 p.m.
2.2.2 The Reserved Rooms must be vacated by the Customer by 12 noon on the agreed departure date. After this time, the Resort may charge the following additional fees for loss of use:
• Until 6 p.m.: 50% of the normal room price (current daily rate);
• From 6 p.m.: 100% of the normal room price (current daily rate).
2.2.3 The Resort expressly reserves the right to make further claims (in particular for extraordinary cleaning costs, additional staff, etc.).
2.3 Replacement for Reserved Rooms
2.3.1 Should the Reserved Rooms, for any reason, not be made available by the Resort as agreed after conclusion of the event contract, the Resort shall ensure that accommodation for the missed overnight stays is arranged in a hotel of similar category and comparable quality in the immediate vicinity, at no additional cost to the Customer.
2.3.2 In addition, the Resort shall bear the following costs incurred in this connection (exhaustive list):
• Additional travel/transfer costs from the Resort to a hotel of a similar category;
• One telephone call.
2.3.3 Unless otherwise agreed in writing between the parties, the remaining agreements concerning the Resort's event services (in particular the agreed prices) between the Customer and the Resort shall remain unchanged. In particular, the Customer shall not be entitled to withdraw from the event contract in this case.
2.4 Additional services
2.4.1 The use of a parking space in the underground car park/on a car park of the Resort is subject to these General Terms and Conditions and is subject to availability.
2.4.2 The Resort offers a wake-up service. It will wake guests with due care. The wakeup service cannot be guaranteed. The Resort is not liable for unsuccessful or omitted wake-up calls and any resulting disadvantages or damage to guests.
2.4.3 Messages, mail and parcels for guests will be handled with due care. The Resort will provide delivery, storage, and – if expressly requested – forwarding of the same for a fee. All such storage facilities are subject to availability as confirmed by the Resort. The Resort reserves the right to refuse deliveries that exceed its service and storage capacity. Deliveries covering an area of more than 3 m² and with a storage period of more than 48 hours are subject to individual conditions as agreed in advance in writing. The Resort accepts no liability.
3 Event services
3.1 Booked services
3.1.1 The Resort shall provide the contractual services for the execution of the event organised by the Customer (the "Event"). However, the Resort reserves the right to change the premises provided, provided that the space meets the needs and interests of the Customer and is reasonable for the Customer.
3.2 Consumption of food and beverages
3.2.1 Unless otherwise agreed in writing, the Customer is obliged to obtain all food and beverages through the Resort. Furthermore, no food or beverages may be brought onto the premises for consumption without the prior written approval of the Resort. The Resort reserves the right to charge an equivalent fee to cover overhead costs ("corkage") for food and beverages brought onto the premises.
3.3 External service providers
3.3.1 The Customer shall consult with the Resort in advance regarding the engagement of any external service providers.
3.3.2 The engagement of any external security services by the Customer requires the prior written consent of the Resort.
3.4 Technical equipment and connections
3.4.1 If the Resort provides technical and other equipment, facilities or devices from third parties for the Customer at the Customer's request, the Resort shall act on behalf of and for the account of the Customer. The Customer shall assume all liability for the careful use of this equipment, facilities or devices and for their correct and proper return. The Customer shall indemnify the Resort against all claims by third parties arising from the provision of this equipment, facilities or devices.
3.4.2 The prior written consent of the Resort is required before the Customer uses the Resort's main lines and other networks to connect their own electrical or technical equipment, materials or facilities ("Customer equipment"), whereby equipment from the Customer's service providers shall be treated as Customer equipment.
3.4.3 If Customer equipment is connected even though suitable equipment is available at the Resort, the Resort's consent is subject to the Customer paying a fee for nonuse of this equipment.
3.4.4 The Customer is liable for all faults or damage to the Resort's main lines or other facilities caused by the use of Customer equipment, unless the Resort is responsible for these faults or damage.
3.4.5 The Resort may charge energy costs incurred through the use of Customer equipment separately.
3.4.6 If the Customer wishes to use their own telephone, fax or other communication equipment, this requires the prior written consent of the Resort. This consent may be made subject to the payment of a fee.
3.5 Loss or damage to items / clearing of the event premises
3.5.1 Exhibition items or other items, including personal effects, brought into the event rooms, guest rooms/hotel rooms of the Resort or other premises of the Resort are stored at the Customer's risk. Insurance is the responsibility of the Customer.
3.5.2 The storage of items by the Resort requires an express written agreement.
3.5.3 All exhibition items or other items brought onto the premises of the Resort must be removed without delay after the end of the event and may not be left, even temporarily, in a publicly accessible area of the Resort.
3.5.4 If the Customer violates this provision, the Resort is entitled to remove the items and store them at the Customer's expense and risk.
3.5.5 If the items remain in the event rooms, the Resort is entitled to charge the agreed costs and room rentals for the relevant period.
3.5.6 All materials not collected after the event dates will be removed and stored at the Customer's expense. The costs for removal will be included in the final invoice issued by the Resort.
3.5.7 The Customer must ensure that all waste is disposed of properly in accordance with the applicable local regulations on waste separation and disposal, or that the disposal of normal waste is carried out by the Resort. All remaining material will be removed after the event date at the Customer's expense and disposed of if necessary. The costs for this will be charged to the Customer in the final invoice. The Resort reserves the right to charge additional fees for the disposal company commissioned to carry out this task.
3.6 Permits
3.6.1 The Customer shall be responsible, at their own expense and risk, for obtaining any permits, approvals, or consents required beyond those already held for the operation of the accommodation business.
This specifically includes any residence or work permits for event participants or third parties engaged by the Customer.
3.6.2 The Customer is responsible for complying with all private and public law regulations, including requirements and conditions.
3.6.3 Copyright fees in connection with music and other performances are to be paid by the Customer. In the case of musical entertainment, the Customer is obliged to provide all legal documents entitling the Customer to use and make available the music, sound recordings, etc. If this authorisation cannot be documented, the Resort will request the Customer to notify SUISA (Swiss Society for Authors and Publishers of Music).
4 Prices, price adjustments
4.1
Prices
4.1.1 The Customer undertakes to pay the agreed price or the price normally charged by the Resort for the hotel/guest room and other services or goods. This also applies to goods and services purchased by guests/visitors of the Customer (including ancillary services such as consumption, telephone calls, decoration, etc.).
4.1.2 If a flat-rate event fee has been agreed, this shall be understood to be per event day and participant, unless otherwise agreed.
4.2 Night surcharges
4.2.1 The Resort must be closed between 12.30 a.m. and 5 a.m. in accordance with cantonal regulations. These closing times must be observed. Special permission may be requested from the local authorities by the Customer.
4.2.2 The Resort reserves the right to charge a surcharge per employee per hour for service from 00:30, with one employee assigned per 15 guests. The minimum surcharge per event is CHF 300.
4.3 Payment obligations, payment dates
4.3.1 If and to the extent that no advance payment is required by the Resort, the full amount for the goods and services used shall be payable upon departure at the latest. Payments can be made using the payment methods accepted by the Resort.
4.3.2 The Resort will send the Customer an information invoice for review after the end of the event. If the Resort does not receive any information to the contrary from the Customer within 10 working days, the information invoice shall be deemed accepted by the Customer and the Resort will issue the final invoice. The issuance of the final invoice shall trigger the payment deadline in accordance with point 4.3.3
4.3.3 If the parties agree on payment by invoice, the entire amount is due for payment no later than 10 days after the invoice date.
4.3.4 All agreed payment deadlines shall be deemed due dates. In case of late payment, the Resort shall be entitled to charge interest at a rate of 5% per annum on the outstanding invoice amount.
The Resort may prove that it has incurred damages exceeding the aforementioned amount and may invoice such damages to the Customer
4.3.5 If the Resort grants the Customer a deferral of payment or a credit and the Customer does not make payment within the set period, the Resort may immediately cancel the deferral of payment or the credit and the entire deferred amount shall become due for payment immediately.
4.3.6 If additional services are agreed upon after signing the event contract (e.g. flowers, decoration, exhibition stand construction, event technology, etc.), the Resort is entitled at any time to issue separate advance payment invoices for these services, which the Customer must pay in full within 10 days and in any case no later than fourteen days before the start of the event.
4.3.7 The Resort reserves the right to charge additional personnel costs in the event of short-term additional expenditure due to changes in the setup.
4.4 Price adjustments
4.4.1 The Resort is entitled to amend prices in any case as a result of adjustments to the value added tax applicable at the time of contract fulfilment or in the event of changes to or the introduction of public fees or taxes, such as visitor's taxes, tourism levies or similar.
5 Early withdrawal from the contract, extraordinary termination rights of the Resort
5.1 Early withdrawal from the contract, extraordinary termination by the Resort
5.1.1 In the event of an agreed advance payment, should the Customer default on payment, the Resort shall be entitled, after a reasonable grace period has elapsed without remedy, to rescind the contract prematurely or to claim damages for nonperformance.
5.1.2 The Resort is entitled to withdraw from or terminate the contract without compensation for good cause. Good cause shall specifically include the following cases:
• The Customer has provided misleading or false information regarding essential facts at the time of booking, in particular concerningtheir identity or the purpose of the booking;
• If the provision of services by the Resort is is significantly hindered or made impossible in whole or in part due to force majeure (see section7 ) or other circumstances for which the Resort is not responsible, the Resort may withdraw from the contract wholly or partially without compensation to the extent of the unfulfilled part. In the event of withdrawal by the Resort, any excess advance payments made shall be refunded to the Customer within 30 days .
• If there is justified reason to believe that the use of the Resort’s services or goods by the Customer could impair the smooth operation, safety, or reputation of the Resort in public. Any claims for damages against the Customer are expressly reserved
5.1.3 In the event of withdrawal or termination of the contract by the Resort, the Customer shall pay the agreed price for the contractually agreed and already rendered services despite the termination of the contract. The Resort shall be entitled to offset these costs against any advance payments already made.
5.2 Termination/cancellation of the contract by the Customer
5.2.1 Early termination of the contract by the Customer is excluded, unless otherwise agreed in writing in the contract.
6 Changes to the number of participants or the date of the event
6.1 Change in the number of participants
6.1.1 Unless otherwise agreed in the contract, the following rules apply:
• The Resort's events department must be notified of the final number of participants at least 14 days before the start of the event.
• The Resort's events department must be notified in writing) or by e-mail) at least 14 days prior to the event of any reduction in the number of participants exceeding 5% (where an ‘approximate number’ is given, the absolute figures shall apply). Unless the Resort confirms in writing any variance exceeding 5%, the agreed number of participants less 5% shall serve as the basis for event planning and cost calculation.
• If the number of participants decreases by more than 10%, the Resort shall be entitled to reasonably increase the agreed prices. Furthermore,
in this case, the Resort shall be entitled to provide alternative suitable premises, provided this is reasonable for the Customer
• In the event of an increase in the number of participants, the invoice shall be based on the actual number of participants.
• If the actual number of participants is higher, the Resort cannot guarantee that all participants can be accommodated.
7 Force majeure
7.1 Neither party shall be considered in breach of contract if the fulfilment of their respective contractual obligations is wholly or partially prevented or significantly hindered by an event of force majeure. Events of force majeure under Swiss law specifically include natural disasters such as storms, floods, avalanches, landslides, volcanic eruptions, or earthquakes, as well as fire, hostage-taking, war, unrest, nuclear and reactor accidents, strikes, pandemics and epidemics, unforeseeable governmental restrictions imposed by Swiss authorities (notably decisions related to health situations leading to travel restrictions), and similar events.
7.2 In the event of force majeure affecting the Resort's performance of the contract, the Resort shall be entitled, in accordance with clause5.1 to terminate the contract prematurely. In this case, the Customer shall have no claim for damages and/or loss of profits.
Alternatively, the Resort shall be entitled to postpone the event and the stay at the Resort in accordance with the agreed event programme to a new date subject to availability at the Resort within 12 months from the end of the force majeure event. The terms and conditions of the contract concluded between the parties shall continue unchanged for this replacement date, subject to seasonality.
7.3 In the event of force majeure affecting the Customer's performance of the contract, the parties agree to postpone the event and the stay at the Resort in accordance with the agreed event programme to a new date subject to Resort's availability within 12 months from the end of the force majeure event. The terms and conditions of the contract concluded between the parties shall continue unchanged for this replacement date, subject to seasonality.
7.4 Each party is obliged to notify the other party of the of the commencement and the end of an event of force majeure within three days. The period within which the stay at the Resort can be made up after the end of the force majeure event shall begin on the day following the notification of the end of the force majeure event.
7.5 If the stay at the Resort is not made up by the Customer within 12 months following receipt of the notice of the end of the force majeure event, the Customer’s entitlement to the services shall expire. However, the Customer shall remain obliged to pay the agreed price corresponding to the estimated total price under the contract to the Resort.
7.6 If the Resort is unable to offer the Customer a replacement date within the aforementioned 12-month period, the period to make up the stay at the Resort shall be extended by 6 months.
7.7 Upon request, the Resort shall grant the Customer an extension of the 12-month period to make up the stay at the Resort by 6 months, provided the Customer submits a corresponding request to the Resort within the 12-month period. The date of receipt of the request by the Resort shall apply.
8 Safety regulations
8.1 The Resort's safety regulations, in particular compliance with all fire regulations, keeping escape routes clear, observing the smoking ban within all Resort buildings, etc., must be strictly observed by the Customer. Any decorative materials brought in by the Customer must also comply with fire regulations.
8.2 If the Customer brings decorative materials, these must comply with the official fire safety regulations.
8.3 The Resort's prior consent is always required for the attachment of decorative materials and other objects to walls, doors and ceilings. The Customer is liable for any damage incurred by the Resort as a result.
8.4 The Customer is responsible for ensuring that no more people are admitted than the capacity of the relevant premises or hotel/guest rooms of the Resort. The maximum numbers specified by the Resort are binding. In the event of a violation, the Resort accepts no liability.
9 Liability
9.1 The Customer shall be liable to the Resort for all damages, losses, or other harm caused by the Customer themselves, their employees, agents, event participants, or any third parties commissioned by them. The Resort may request at any time proof of sufficient insurance coverage, specifically liability insurance in the amount of CHF 5 million. Until such proof is provided, the Resort reserves the right to withhold its services.
9.2 The Resort disclaims any liability for theft or damage to items brought in by the Customer, event participants or any other third parties commissioned by Customer
9.3 The insurance of exhibition objects and other items brought in by the Customer, event participants or other third parties is the responsibility of the Customer. The Resort may at any time request proof of adequate insurance from the Customer. The Resort reserves the right to withholds its services until the Customer provides proof of adequate insurance.
9.4 The Customer is obliged to maintain peace and order. They undertake to fully indemnify and hold harmless the Resort from all civil and public law claims brought against the Resort by authorities or third parties (including event participants, guests or employees and contractual partners of the Customer) on the basis of the event.
9.5 The Resort shall only be liable for its own actions only in cases of intentional or grossly negligent contractual or non-contractual damage. Any further liability, in particular in the event of slight or moderate negligence, is excluded.
9.6 The Resort shall only be liable for its auxiliary personnel in the event of intentional or grossly negligent damage and for direct damage. Any further liability, in particular in the event of slight or moderate negligence, as well as liability for indirect damage, is excluded.
Indirect damage within the meaning of these General Terms and Conditions includes, in particular, loss of profit and pure financial loss.
9.7 When mediating external services, the Resort assumes no liability whatsoever for the services ordered by the Customer or for the fulfillment thereof.
9.8 The loss and/or discovery of items must be reported immediately by the owner to lost.found@burgenstockresort.com
9.9 Lost and/or found items will be kept by the Resort for 12 months from the date of discovery. After this period, valuables such as jewellery and watches with a current value of more than CHF 500 will be handed over to a lost property office. All other (valuable) items will be disposed of after this period and will no longer be kept at the Resort. The Resort accepts no liability for lost items (loss due to carelessness and theft) The Resort will not proactively contact the presumed owner if an item is found.
10 Exclusion of retention, exclusion of set-off
10.1 The Customer has no right of retention.
10.2 Offsetting by the Customer is generally excluded.
11 Copyright
11.1 The use of logos and images of the Resort in any form requires the prior written permission of the Resort. If these logos or images are used without the consent of the Resort, the Resort is entitled to withdraw from the contract with the Customer. In this case, the Customer is liable for all damages incurred by the Resort as a result of the use of these logos or images.
12 Data Privacy
12.1 The privacy policy in the version dated 28 November 2024 applies.
13 Severability
13.1 Should one or more provisions of these General Terms and Conditions be invalid, the remaining provisions of the contract shall remain unaffected. In this case, the invalid provision shall be replaced by a provision that comes closest to the purpose of the invalid provision and the entire contract.
14 Applicable law, place of jurisdiction
14.1 All contracts between the Resort and the Customer are subject to Swiss substantive law, excluding the Vienna Sales Convention.
14.2 The ordinary courts of the canton of Nidwalden shall have exclusive jurisdiction over all disputes arising from and in connection with these General Terms and Conditions and other contracts between the Resort and the Customer.
Obbürgen, Aug 28th 2025