Legal Notice
1. Scope of Application
These General Terms and Conditions (GTC) apply to all services provided by Frutt Resort AG, with its registered office in Melchsee-Frutt and business address at Frutt Mountain Resort, Frutt 9, 6068 Melchsee-Frutt, registered in the commercial register of the Sarnen Commercial Court under CHE 114.291.382 (hereinafter referred to as ‘Frutt Mountain Resort’), to guests who make use of its accommodation services, to event organisers and other contractual partners (hereinafter referred to as ‘contractual partners’). Services include, in particular, the provision of hotel rooms and other venues for a fee, such as for seminars, meetings, presentations, conferences, banquets and other events; the sale of food and beverages; the organisation of cultural and sporting activities and other experiences; the delivery of health-enhancing or similar offerings; and other related services and deliveries provided by Frutt Mountain Resort. Frutt Mountain Resort may engage third parties to perform these services.
These GTCs apply to all types of contracts, including hotel accommodation, package tours, block bookings or event agreements, concluded with Frutt Mountain Resort. The contractual partner’s GTCs do not apply, even if Frutt Mountain Resort does not expressly object. Any counter-confirmations by the contractual partner referring to its own GTCs are hereby expressly rejected.
2. Conclusion of Contract
The contract is concluded when the customer accepts the written offer made by Frutt Mountain Resort. An email is regarded as received when the recipient could have accessed it under normal conditions. Frutt Mountain Resort may confirm the booking in writing.
If the customer enters into the contract on behalf of a third party, the third party, and not the customer, becomes the contractual partner of Frutt Mountain Resort. The customer must inform Frutt Mountain Resort of this prior to contract conclusion, provide written authorisation for the specific contract, and supply the name and address of the actual contractual partner. In the event of missing or inadequate authorisation from the (intended) contractual partner, the customer shall be liable for performance interests, regardless of their own fault.
Frutt Mountain Resort reserves the right to make the accommodation agreement contingent upon the provision of a security deposit. In such cases, Frutt Mountain Resort is obliged to inform the contractual partner of the required security deposit prior to accepting the booking. If the contractual partner consents to the security deposit, the contract becomes effective upon receipt of the declaration of consent (or, if otherwise requested by Frutt Mountain Resort, upon receipt of the security deposit) by Frutt Mountain Resort.
3. Use and Handover of Hotel Premises, Departure
The premises are provided exclusively for accommodation purposes or, in the case of events, for event-related use, unless Frutt Mountain Resort has granted prior written approval for alternative use. Subletting, re-letting, or the usage of the premises by third parties free of charge, as well as any use for purposes other than accommodation, is only permitted with express written consent from Frutt Mountain Resort. The contractual partner is required to conduct themselves in accordance with the resort’s general guidelines (‘house rules’).
No entitlement exists for the use of specific premises within Frutt Mountain Resort. Where objectively justified and not unreasonably burdensome for the contractual partner, Frutt Mountain Resort may offer alternative accommodation of the same standard. Justification may include, but is not limited to: rooms becoming unusable, overbooking not attributable to gross negligence by the resort or essential operational requirements. In such cases, Frutt Mountain Resort will inform the contractual partner promptly of the alternative arrangements and provide complimentary transport to and from the replacement accommodation. No reimbursement will be provided for any related expenses. If the contractual partner declines the proposed alternative within five (5) days of notification, the agreement will be considered terminated. Both parties must then reimburse one another for services rendered under the terminated agreement within seven (7) days. Failing to decline the alternative within the stipulated timeframe constitutes acceptance.
Booked rooms are available from 15:00 on the day of arrival unless an earlier check-in has been specifically granted in writing by Frutt Mountain Resort free of charge. Early use of a room before 15:00 without such written approval will be considered a full night’s stay, and the resort reserves the right to charge the standard overnight rate as per the current price list.
Unless otherwise agreed, Frutt Mountain Resort reserves the right to reallocate any unoccupied room bookings after 18:00. The contractual partner shall not be entitled to any claims arising from such reallocation. In the case of a secured booking with a deposit and booked for more than one night, the room will remain reserved until 12:00 noon on the day following the confirmed date of arrival. Beyond this, there is no obligation to provide accommodation.
Rooms must be vacated by 12:00 noon on the day of departure. If the premises are used beyond this time, Frutt Mountain Resort may charge the daily room rate for occupancy until 16:00. From 16:00 onwards, 100% of the overnight rate (as per the published list price) may apply.
Should the contractual partner wish to extend their stay or any related service, an extension request must be submitted in good time. Acceptance of such extension is at Frutt Mountain Resort’s sole discretion. The contractual partner has no entitlement to extensions. Should an extension be granted, Frutt Mountain Resort reserves the right to adjust fees accordingly.
Animals may only be brought to Frutt Mountain Resort with prior written consent and may be subject to a supplementary fee. Contractual partners bringing animals must ensure they are properly supervised and cared for during their stay, either personally or through a responsible third party, at their own cost.
Animals are not permitted in seminar rooms, social areas, restaurant spaces or wellness areas.
Contractual partners bringing animals must possess valid animal liability insurance or private liability insurance that covers animal-related damages. Proof of such insurance must be presented upon request. The contractual partner and/or their insurer are liable for any damage caused by animals, including any compensation Frutt Mountain Resort may be required to pay to third parties.
4. Events
To ensure thorough preparation, the contractual partner must notify Frutt Mountain Resort in writing of the final number of participants no later than three (3) days prior to the start of the event. Should the contractual partner notify Frutt Mountain Resort of a participant number exceeding the originally agreed amount, the increased number will only be considered part of the contract, subject to written approval by Frutt Mountain Resort. Without such approval, the contractual partner is not entitled to proceed with a higher number of participants. Should Frutt Mountain Resort grant approval, the invoice will be recalculated based on the revised number of participants. There is no entitlement to approval. In the event of fewer participants attending the event, any resulting savings will not be reimbursed.
If the agreed event start date is postponed, Frutt Mountain Resort reserves the right to charge the contractual partner for any additional costs incurred, unless Frutt Mountain Resort is directly responsible for the delay.
Reserved rooms are available to the contractual partner exclusively for the period agreed in writing. Extension of usage beyond this period requires prior written consent from Frutt Mountain Resort and may incur additional charges. Room changes may be made at the discretion of Frutt Mountain Resort, provided it is reasonable and considers the interests of the contractual partner.
For events extending beyond 12:00 midnight, additional personnel charges will apply from this time based on documented proof and will be invoiced accordingly.
The contractual partner is liable for all supplementary services provided to event attendees or third parties in connection with the event.
Unless expressly stated otherwise in writing, the contractual partner is responsible for obtaining and submitting all necessary official permits at its own expense, no later than one week before the event. The contractual partner assumes responsibility for adhering to all relevant legal and regulatory obligations. Any charges payable to third parties, such as SUISA fees, entertainment levies or others, must be settled directly and promptly by the contractual partner.
The contractual partner is liable for the conduct of its employees, event participants and any appointed agents as if it were its own. Frutt Mountain Resort may require appropriate security measures, including but not limited to insurance, deposits or guarantees. In order to avoid damage, the installation or placement of decorative elements or other items must be pre-approved by Frutt Mountain Resort and carried out by qualified personnel. All fire safety regulations and other legal requirements must be strictly observed. Exhibition materials, transportation containers and all other packaging or items brought onto the premises must be removed by the contractual partner following the conclusion of the event. In case of non-compliance, Frutt Mountain Resort reserves the right to remove, dispose of or, if necessary, store these items at the expense of the contractual partner. Should the removal involve disproportionately high costs, Frutt Mountain Resort, at its discretion, may retain the items on site and charge the applicable room rental fee for the duration of their stay. Frutt Mountain Resort further reserves the right to claim for any higher damages incurred.
Frutt Mountain Resort does not provide insurance cover for items brought onto its premises. The contractual partner is solely responsible for securing any required insurance cover.
Defects or malfunctions in equipment supplied by Frutt Mountain Resort will be rectified where possible. However, no claims may be made in this regard if such equipment was not contractually agreed upon and Frutt Mountain Resort bears no fault.
Should the contractual partner wish to connect its own electrical equipment to the power supply, prior written consent from Frutt Mountain Resort is required. Associated electricity usage will be charged at current supply and working rates as invoiced to Frutt Mountain Resort by the utility provider.
Any disruption or damage to Frutt Mountain Resort’s technical systems caused by the connection of external equipment will be at the contractual partner’s expense. Subject to written approval, the contractual partner may use its own telephone, fax and data transmission equipment. Frutt Mountain Resort may apply connection and transmission fees for such use.
The contractual partner must ensure the operational safety of all equipment brought onto the premises and provide supporting documentation upon request from Frutt Mountain Resort.
Should Frutt Mountain Resort procure technical or other equipment from third-party suppliers on behalf of the contractual partner, it shall be considered acting as an agent of the contractual partner. The contractual partner assumes liability for the proper use and timely return of the equipment and shall indemnify Frutt Mountain Resort against any third-party claims upon first written request. Frutt Mountain Resort accepts no liability for delays in procurement or faults in the procured equipment.
5. Prices and Payment
Service prices are determined according to the valid Frutt Mountain Resort price list at the time of service provision. All prices are inclusive of applicable statutory value-added tax and are quoted per the smallest applicable unit (e.g. person, day, portion, glass, bottle). Any increase in value-added tax shall be the responsibility of the contractual partner, regardless of calculation errors.
Frutt Mountain Resort reserves the right to request a security deposit of up to 100% of the total payment obligation upon contract conclusion. The security deposit amount and payment schedule shall be defined in the individual contractual agreement. Unless stated otherwise, the contractual partner is required to remit the full security deposit no later than 21 days before the commencement of the accommodation, with receipt confirmed by this date.
Should the agreed period between order and contractual fulfilment exceed three (3) months, Frutt Mountain Resort may adjust the agreed price. Price changes will reflect the percentage variation in the 2020 Consumer Price Index as published by the Federal Statistical Office. The index figure published for the month the contract was concluded (index = 100) serves as the base reference.
Unless stated otherwise, room rentals pertain exclusively to the provision of space. Technical equipment and energy usage are not included in the rental fee.
The contractual partner may not bring food and beverages onto the premises for events. Exceptions may be considered in special cases (e.g. regional specialities) and must be authorised in writing. In such instances, a general fee will be applied, less the proportional cost of goods. Frutt Mountain Resort assumes no liability for food and beverages brought independently.
All newspaper advertisements, promotional materials, event-related communications and usage of the Frutt Mountain Resort name and logo, whether in connection with events or otherwise, require prior written approval from Frutt Mountain Resort. Should publication proceed without consent, Frutt Mountain Resort reserves the right to cancel the event. Additional claims for damages remain unaffected.
Prices may also be modified if the contractual partner requests changes to the booking, particularly regarding guest numbers or rental duration.
Invoices issued by Frutt Mountain Resort are payable immediately upon receipt and without deduction. Frutt Mountain Resort may issue interim invoices or request settlement for services at any time. An invoice is considered received by the contractual partner no later than three days after dispatch, unless earlier receipt is proven. In the event of a late payment, interest on arrears will apply at a rate of five percentage points above the base interest rate per annum for businesses. For consumers (pursuant to Article 104 OR of the Consumer Protection Act), the same interest rate shall be deemed contractually agreed.
This policy also applies to any costs or services relating to the event that Frutt Mountain Resort incurs on behalf of the contractual partner, provided that these were agreed or approved contractually in advance.
The contractual partner is liable for all reasonable costs related to the collection of outstanding amounts by Frutt Mountain Resort. These may include standard collection agency fees and legal letter charges.
Issuance of a total invoice does not exempt the customer from the obligation to settle individual invoices by the due date. Payment default of even a single invoice entitles Frutt Mountain Resort to withhold future services and to request a security payment of up to 100% of the outstanding amount for continuation of services.
All payments and security deposits are due in full and without deductions or discounts. Transaction fees (e.g. for transfers) are the responsibility of the contractual partner. The terms and conditions of the respective credit or debit card providers shall apply. Frutt Mountain Resort reserves the right to refuse acceptance of foreign currencies, cheques and credit cards. If foreign currency is accepted, the prevailing exchange rate will apply, and all associated costs shall be borne by the contractual partner. Vouchers issued by tour operators will only be accepted if there is an existing credit arrangement or an advance payment made. Refunds are not available for unused services.
Where payment for products requiring advance payment is made by credit card without physical presentation (e.g. via telephone or Internet), the contractual partner waives the right to initiate a chargeback with their credit card provider in relation to Frutt Mountain Resort.
In the event of refused or delayed payments, Frutt Mountain Resort is entitled to exercise its statutory right of retention (within the scope of a hotel accommodation contract) and legal lien on items brought into the hotel by the contractual partner. It is deemed contractually agreed that all such items are unencumbered property of the contractual partner.
This right of retention and lien extends to claims related to accommodation services, meals, incurred incidental expenses and compensation claims.
The contractual partner may only offset claims against Frutt Mountain Resort if such claims are undisputed, legally binding by court ruling or acknowledged in writing by Frutt Mountain Resort. The assignment of claims or other rights requires formal consent from Frutt Mountain Resort.
6. Withdrawal by the Contracting Party
Reservations made by the contracting party are binding for both parties, subject solely to the following exceptions. In the event of cancellation or a reduction in the scope of the agreement by the contracting party, the following penalties, in accordance with OR 158, shall be payable, provided that such (partial) withdrawal was not caused by Frutt Mountain Resort:
a) An amount equal to 10% of the total agreed contract value, plus any applicable value-added tax. This amount is due as a non-refundable deposit upon signing the contract, provided that written notice of cancellation or reduction is received by Frutt Mountain Resort at least 91 days prior to the beginning of the service period.
b) 60% of the affected portion of the agreed contract value, plus any applicable value-added tax, if written notice of cancellation or reduction is received between 90 and 31 days prior to the beginning of the service period.
c) 75% of the affected portion of the agreed contract value, plus any applicable value-added tax, if written notice of cancellation or reduction is received between 30 and 14 days prior to the beginning of the service period.
d) 90% of the affected portion of the agreed contract value, plus any applicable value-added tax, if written notice of cancellation or reduction is received less than 14 days prior to the beginning of the service period.
All cancellations or reductions must be submitted in writing.
7. Withdrawal by Frutt Mountain Resort
Frutt Mountain Resort reserves the right to withdraw from or terminate the contract with immediate effect for just cause, in line with statutory provisions. Just cause shall be considered present, in particular, in the following circumstances:
a) the contracting party fails to fulfil a due obligation;
b) performance of the agreement becomes impossible due to force majeure, strikes or other circumstances beyond the control of Frutt Mountain Resort;
c) the contracting party provides misleading or inaccurate details concerning essential information;
d) the contracting party uses the name of Frutt Mountain Resort for marketing or advertising purposes without prior written consent;
e) contracted rooms are sublet, in whole or in part, without the written consent of Frutt Mountain Resort;
f) Frutt Mountain Resort has reason to believe that the use of its services may compromise business operations, safety or the public reputation of Frutt Mountain Resort;
g) the contracting party, or a person related to them, significantly misuses booked rooms or behaves inappropriately, offensively or otherwise disruptively towards Frutt Mountain Resort staff, guests or third parties, thereby disturbing their stay or committing an offence related to property, ethics or physical integrity, wherein an attempt or reasonable suspicion thereof is sufficient;
h) the contracting party suffers from a contagious illness or a condition requiring care that exceeds the agreed accommodation period.
Frutt Mountain Resort shall promptly notify the contracting party of any withdrawal or termination, no later than 14 days after becoming aware of the grounds. Lawful termination of the agreement by Frutt Mountain Resort does not confer any right upon the contracting party to claim damages or other compensation. Frutt Mountain Resort reserves the right to claim compensation for any damages or expenses incurred in connection with a justified termination.
8. Illness or Death of the Contracting Party
Should the contracting party fall ill during their stay, Frutt Mountain Resort will arrange medical care at the contracting party’s request. In cases of imminent danger, medical attention will be provided even without a specific request, particularly when it is deemed necessary and the contracting party is unable to act on their own behalf. If the contracting party is unable to make decisions and their relatives cannot be reached, Frutt Mountain Resort will arrange medical treatment at the contracting party’s expense. These measures will continue only until the moment the contracting party regains decision-making capacity or their relatives have been duly notified of the illness.
Frutt Mountain Resort reserves the right to seek reimbursement from the contracting party or, in the event of death, from their legal successor for the following: outstanding medical expenses, costs of patient transport, medication and medical equipment, room disinfection, replacement or specialised cleaning of affected laundry, bed linen and bedding, restoration of walls, fixtures, carpets and any other furnishings that may have been soiled or damaged in connection with illness or death. This also includes room rental charges for the duration of use by the contracting party, as well as for any days the room was rendered unusable due to disinfection, clearance or similar measures, and any other documented damage incurred by Frutt Mountain Resort.
9. Liability
The relevant provisions of the Swiss Code of Obligations (OR 487ff) shall apply to items brought into the hotel by the contracting party. Frutt Mountain Resort accepts liability only within the legal framework prescribed therein. Claims for compensation will be forfeited if the damage is not reported immediately upon discovery.
Valuables, money or securities must be stored free of charge in the secure deposit boxes located at the hotel reception; otherwise, liability on the part of Frutt Mountain Resort is excluded, provided such safekeeping is reasonable. Frutt Mountain Resort reserves the right to decline the safekeeping of valuables, money or securities without providing justification, especially when the value significantly exceeds what is customarily deposited by guests.
Items left behind by the contracting party shall neither be considered stored nor brought in by the guest. These will only be forwarded upon request, and at the risk and expense of the contracting party. Items will otherwise be handed over to the local lost property office if their value exceeds EUR 10,000 or if it is evident that the item holds significant importance to the contracting party.
All claims by the contracting party against Frutt Mountain Resort arising from or related to the respective individual contract will become time-barred 12 months after the contracting party becomes aware of both the damage and the responsible party, provided the contracting party is not a consumer under the Consumer Protection Act. For consumers, the statutory provisions shall remain in effect.
10. Data Protection
The contractual partner agrees that the data provided during the initiation and processing of the agreement may also be used in an automated manner for the purposes of fulfilling the contract, accounting and internal market research and marketing.
Frutt Mountain Resort offers an email newsletter service, which the contractual partner may subscribe to in order to receive updates, offers and similar information from Frutt Mountain Resort. The subscription may be cancelled at any time by contacting Frutt Mountain Resort directly.
Any legitimate and justified requests by the contractual partner for information, correction or deletion of, or objection to, the personal data stored about them must be submitted in writing to Frutt Mountain Resort. The contractual partner agrees that such requests may be processed by Frutt Mountain Resort via email.
The contractual partner shall be liable to Frutt Mountain Resort for all damages culpably caused by them or by third parties attributable to them, regardless of the degree of fault.
Frutt Mountain Resort’s liability towards consumers, as defined under the Consumer Protection Act, for slight negligence is fully excluded, except in cases involving the breach of essential contractual obligations, personal injury or mandatory statutory provisions.
For entrepreneurs, Frutt Mountain Resort shall only be liable for statutory and pre-contractual, primary and secondary contractual claims in cases of intentional or grossly negligent conduct, with the exception of personal injury. Liability for lost profits, indirect damages and consequential damages is excluded for entrepreneurs, except in cases of gross negligence or intentional misconduct. The amount of liability to entrepreneurs is limited to the value of the contractual consideration provided by the partner, to the extent permissible under applicable law.
All exclusions and limitations of liability shall apply equally in favour of all companies, subcontractors and authorised agents engaged by Frutt Mountain Resort in the fulfilment of its contractual obligations. These exclusions and limitations do not apply in cases where Frutt Mountain Resort assumes a guarantee for the quality of goods or services, or in the event of fraudulently concealed defects.
11. Miscellaneous
The place of performance for the accommodation contract shall be the location of Frutt Mountain Resort.
This agreement is governed by Swiss substantive and formal law, with the exception of the provisions of private international law and the United Nations Convention on Contracts for the International Sale of Goods.
For all disputes arising from or in connection with this agreement, including those relating to its breach, termination or invalidity, the competent court at the registered office of Frutt Mountain Resort shall have exclusive jurisdiction in cases involving bilateral business transactions. Frutt Mountain Resort reserves the right to assert its legal claims before any other locally and legally competent court.
If the contract is concluded with a contractual partner who is a consumer, legal proceedings may only be brought against the consumer at their place of residence or habitual abode.
May 2021
Frutt Resort AG