General Terms and Conditions

Oberwaid AG

Key information

Publication date:07 July 2025
Workload:100%
Contract type:Unlimited employment
Place of work:St. Gallen
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Job summary

Oberwaid AG's General Terms and Conditions outline key policies.

Tasks

These terms apply to all customer contracts with Oberwaid AG.
Cancellations must be written; verbal confirmations are binding.
Prices may change; services not used cannot be refunded.

Skills

Customers must respect house rules and privacy at all times.
Understanding of cancellation policies and payment terms.
Awareness of service offerings and booking procedures.

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General Terms and Conditions
1.
Scope of application
These General Terms and Conditions (GTC) apply to all legal relationships between Oberwaid AG and its customers. They govern the generally applicable terms and conditions of the contractual relationship between customers and Oberwaid AG for the purchase of services of all kinds. Supplementary regulations for individual areas such as hotel or seminar offers remain reserved. In the event of a contradiction between the supplementary provisions of individual areas and these GTC, the supplementary provisions shall take precedence. Any terms and conditions of the customer that deviate from these
GTC shall only be valid if they have been expressly recognised in writing by Oberwaid AG.
1.1 These GTC can be accessed at the following link https://oberwaid.ch/fileadmin/Broschueren/Allgemeine_Geschaeftsbedingungen_2024_web.pdf
Alternatively, a copy of these GTC can be requested at reception.
2.
Definitions of terms
Oberwaid AG: The term Oberwaid AG includes the hotel business and the Oberwaid Clinic, Rorschacher Strasse 311, 9016
St. Gallen, with all ancillary businesses, facilities and premises as well as the outdoor area.
Customers: The term customer includes any natural or legal person who concludes a contract with Oberwaid AG in the hotel, catering, seminar and/or medical sector. It is irrelevant whether the contract is designated as a hotel, catering, seminar and/or medical contract.
Services: The term service' includes all services provided by Oberwaid AG. In connection with the hotel industry, this typically refers to the accommodation facilities in the hotel and all associated services such as half board or full board, spa or wellness/health packages. In connection with clinical activities, this typically refers to all services outside the scope of compulsory health insurance, such as private treatment, additional therapies and spa and preventive services.
3.
Offer and conclusion of contract
A reservation or booking of services with Oberwaid AG becomes legally binding upon confirmation by Oberwaid AG and thus binding from this point in time binding. Confirmation is made in writing, usually by e-mail. A verbal confirmation is only valid in the cases listed below.
3.1 If the customer is not the contractual partner, but the booking or order is made in the name of a third party as contractual partner, the customer shall be jointly and severally liable for all obligations arising from the contract in addition to the contractual partner.
3.2 The following applies accordingly to hotel room reservations: The customer makes a room reservation by e-mail, online or by telephone. Only with the subsequent written confirmation from Oberwaid AG (usually by e-mail) that the reservation has been accepted and the hotel room has been definitively reserved does the accommodation contract/contract for the
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use of a hotel room come into effect and is binding for both contracting parties. Until this confirmation by Oberwaid AG, the contract between the customer and Oberwaid AG is not yet deemed to have been concluded.
3.3 Bookings of restaurant services made on site, by telephone or by e-mail, treatments in the spa and/or medical services become binding upon verbal confirmation. At the customer's request, the reservation will be confirmed in writing. In this case too, the contract is concluded with the verbal confirmation and the booking is binding.
3.4 Room reservations are subject to various tariff conditions and include various additional services depending on the customer's choice. If such services included in the price are not consumed during the planned stay in accordance with the booking confirmation, the services expire immediately. They can neither be rebooked for a later stay nor refunded. It is also not possible to issue a voucher for a later stay. It is only possible to rebook the services to a person who is using a room at
Oberwaid AG at the same time as the customer.
4.
Prices and price changes
4.1 All prices are in Swiss francs (CHF), including statutory VAT. The room prices quoted do not include the cantonal visitor's tax applicable at the time of the stay. Oberwaid AG undertakes to keep the services booked by customers available and to provide the services at the agreed prices. The scope of the services is set out in the description on the Oberwaid AG website valid at the time of the binding booking of services. Oberwaid AG expressly reserves the right to make price changes or price adjustments.
4.2 Oberwaid AG reserves the right to adjust the prices if the customer subsequently requests changes to the booked services (e.g. adjustment of the length of stay, adjustments to the seminar or catering services, adjustment of the treatment class - this list is not exhaustive) and Oberwaid AG agrees to these. The granting of service changes cannot be guaranteed, even if the customer agrees to the corresponding price change. In addition, external influences beyond the control of Oberwaid AG may lead to a price adjustment, such as an increase in VAT or official tariffs.
4.3 Oberwaid AG may grant benefits free of charge. It may limit the duration of such benefits and, for example, provide a corresponding voucher with a validity period.
5.
Occupation and return of the rooms
5.1 Room occupancy in the hotel area (check-in) is from 3.00 pm on the day of arrival and the room must be returned
(check-out) by 12.00 pm on the day of departure. An earlier arrival or later departure is only possible with the agreement of
Oberwaid AG and may incur additional costs depending on the booking situation.
5.2 If check-out takes place without prior authorisation from Oberwaid AG after 12.00 noon but before 6.00 pm on the day of departure, Oberwaid AG shall charge the customer 50% of the room rate applicable to the room type in question and
100% if check-out takes place after 6.00 pm.
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5.3 If unexpected circumstances make it impossible to provide the hotel rooms booked in advance, Oberwaid AG shall be obliged to organise accommodation in a hotel of a similar category and comparable quality. Oberwaid AG shall assume all costs associated with the reorganisation, such as transport from Oberwaid AG to the alternative hotel. Oberwaid AG shall not bear any costs other than those mentioned above, but shall bear the price difference between the booked room rate and that of the alternative accommodation. The customer must therefore pay the room rate to Oberwaid AG in accordance with the contract. If the room rate of the alternative accommodation is lower than that of the room booked with Oberwaid
AG, the customer shall pay the lower room rate of the alternative accommodation.
In the clinic area, check-in and check-out times are determined individually.
6.
Consideration, house rules, instructions from staff
Customers must show consideration for other persons at all times and respect their privacy. They must exercise their rights with care and, in particular, use the Oberwaid AG infrastructure as intended and with due care. The house rules published in the various areas of Oberwaid AG form an integral part of these GTC in their respective valid versions. They are published in the respective area in the currently valid version.
7.
Cancellation policy for the hotel sector
Cancellations or rebookings are only valid if they are sent to Oberwaid AG in writing. Notifications by e-mail shall be deemed to have been made in writing, but shall only be valid if receipt of the e-mail is expressly confirmed by Oberwaid AG.
The date of receipt of the written declaration by Oberwaid AG is decisive for the calculation of the cancellation date. On
Sundays and public holidays, the next working day is decisive. Changes to the booked services are only possible with the written consent of Oberwaid AG.
If a booked arrangement cannot be commenced outside the clinical area, Oberwaid AG will accept a replacement person who will take over the existing booking under the same conditions. As long as there is no valid cost assumption guarantee from the replacement person, the original customer remains the contractual partner and is fully liable to Oberwaid AG.
a.
Room reservations without additional services
Room bookings without any additional services such as spa services up to a maximum of 5 nights can be cancelled free of charge until 6.00 pm on the day of arrival. In the event of a no-show on the day of arrival, 100 % of the costs for the first night will be charged.
For stays of 5 nights or more, free cancellation is possible up to 72 hours before the planned arrival. For later cancellations and no-shows, 100% of the cost of the first night will be charged.
b.
Room reservations with additional services and/or packages
The following cancellation conditions apply for room reservations with additional services such as medical consultations or spa bookings as well as for bookings of package deals:
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Up to the 15th day before the agreed arrival date: free cancellation
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From the 14th day before arrival to the day of arrival: 100% of the booked services must be paid for.
No deduction will be made for early departure.
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c.
Group reservations from 10 rooms and more
For groups of 10 rooms or more, the following cancellation conditions and cancellation costs apply:
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Up to 61 days before arrival: free of charge
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From 60 - 31 days before arrival: 50 % of all booked services
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From 30 - 15 days before arrival: 75 % of all booked services
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From the 14th to the 8th day before arrival: 90 % of all booked services
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From the 7th day before the day of arrival: 100 % of all booked services for the entire stay
Up to the day of arrival, a maximum of 10% of the contractually agreed number of rooms may be reduced free of charge.
For groups staying 40 nights or more, Oberwaid AG reserves the right to adjust the cancellation policy accordingly.
8.
Payment terms and advance payments in the hotel sector
The following means of payment are accepted: Cash, Maestro (EC cards), Post Card, Visa, MasterCard, American Express,
Diners Club, JCB, China Union Pay and Twint
If a down payment or advance payment for a future service has been agreed, the invoice amount is due 30 days after the invoice date or after the deadlines specified in the invoice without further ado. In such a case of default, Oberwaid AG reserves the right to withdraw from the contract at any time and without prior notice and to cancel the booking. Oberwaid
AG shall notify the cancellation in writing. Oberwaid AG also reserves the right to adjust the prices and conclude a new contract with the customer for the desired service if the payment deadline has not been met. Advance payments will be deducted from the amount owed in the final invoice.
If Oberwaid AG does not require a deposit or advance payment, the customer must pay the full invoice amount at the latest on departure using a credit card accepted by Oberwaid AG, bank card (EC/Maestro, Post Card), debit card, cash or TWINT.
If the customer pays by debit or credit card, the card details will be transmitted to Oberwaid AG as part of the payment process. After proof of legitimisation as the legitimate cardholder, Oberwaid AG shall request the card company to initiate the payment transaction immediately after the payment transaction has been initiated. The payment transaction is carried out automatically by the credit or debit card company and the card is debited. If the parties have agreed on payment by invoice, the entire invoice amount is due 30 days after the invoice date without further notice. In the event of default,
Oberwaid AG shall be entitled to charge interest at a rate of 5% p.a. from the first day of default and to charge the customer any debt enforcement and collection costs. For cash payments on site, EUR can also be accepted at the current daily exchange rate of the price in CHF. However, the customer has no right to payment in EUR.
Zahlungen in Euro und US-Dollar: Es gilt der Tageskurs der Oberwaid AG am Tag der Rechnungsstellung. Bei Barzahlung werden nur Geldscheine akzeptiert, wobei Scheine mit hohem Nennwert abgelehnt werden können. Das Rückgeld erfolgt in jedem Fall in Schweizer Franken (CHF).
a.
Room reservations without additional services
The room is reserved until 18.00 hrs. In order to guarantee the reservation for a late arrival, it is mandatory to provide the details of a valid credit card (card holder, number, expiry date and CVC code). Oberwaid AG reserves the right to check the credit card for validity and coverage and to authorise it. Final payment is made on departure. Alternatively, the room price can be paid in advance or by bank transfer.
By agreement with Oberwaid AG, companies based in Switzerland can pay for the services they receive by invoice. This is not possible for companies based abroad. Sending invoices within Switzerland also requires a thorough check of the
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creditworthiness of the company in question beforehand. If Oberwaid AG accepts payment of the costs by invoice, the customer must sign a cost assumption guarantee before the services are received, which will be sent to the customer by
Oberwaid AG's finance department. Payment of the invoice must be made within 30 days of receipt of the invoice.
b.
Room reservations with additional services and packages
Room reservations with additional services such as medical consultations or spa bookings as well as package bookings must be guaranteed with a valid credit card (card holder, number, expiry date and CVC code). Oberwaid AG reserves the right to check the validity of the credit card and to authorise it. In addition, the booked services must be paid for in advance.
For this purpose, at least 50% of the total booked services must be transferred up to 7 days before arrival. The remaining amount is due on departure at the latest. If the customer is in arrears with the timely down payment, Oberwaid AG reserves the right to cancel the contract without further notice.
c.
Customers without a registered domicile in Switzerland
Customers who do not have a registered place of residence in Switzerland must guarantee reservations and any additional services received during their stay at Oberwaid AG with a valid credit card (card holder, number, expiry date and CVC code).
In addition, 100% of the booked services must be paid in advance. The advance payment must be made no later than 14 days before arrival by credit card or to the account specified below. Any extra costs must be paid on departure at the latest.
d.
Group bookings from 10 rooms and more
Payment of the costs of group bookings must be guaranteed with a valid credit card. In addition, the booked services must be paid for in advance in accordance with a separate contract with the following terms of payment:
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50 % of the total booked services up to 30 days before arrival
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50 % of the total booked services after receipt of the list of names of the guests up to 1 week before arrival
No invoices are sent outside Switzerland. Within Switzerland, invoices can be sent after a detailed check of the creditworthiness of the company concerned.
Companies based in Switzerland can pay for the services purchased by invoice by agreement with Oberwaid AG. This is not possible for companies based abroad. Sending invoices within Switzerland also requires a thorough credit check of the company in question. If Oberwaid AG accepts payment of the costs by invoice, the customer must sign a cost assumption guarantee, which the Oberwaid AG finance department will send to the customer, before the services are purchased.
Payment of the invoice must be made within 30 days of receipt of the invoice.
Oberwaid AG's account details for bank transfers are as follows:
St. Galler Kantonalbank Kontonummer: 0110.3632.8608
St. Leonhardstrasse 25 IBAN: CH89 0078 1011 0363 2860 8
9001 St. Gallen
Swift: KBSGCH22XXX
Schweiz BIC: 781
e.
Interim and final invoice
Interim invoices may be issued for longer stays. If the down payment balance falls below CHF 300.00, an interim invoice will be issued with a request for payment for the services utilised up to that point. The interim invoice must be paid by the following day. The final invoice is payable on departure at the latest.
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9.
Cancellation policy, payment conditions for the clinic area
Insofar as health insurance or other social insurance law does not apply, the provisions of the hotel sector pursuant to Section 6 shall apply to the cancellation of services in the clinic sector, and Section 7 shall apply to the terms of payment.
10.
Pets
For reasons of hygiene and out of consideration for our clinic guests, pets are not permitted anywhere on the Oberwaid AG premises.
11.
Liability of Oberwaid for damages
Oberwaid AG and its executive bodies shall only be liable for damages in cases of intent or gross negligence. Liability for items brought in by clients is excluded to the extent permitted by law. Claims must be made in writing to Oberwaid AG immediately, but no later than 14 days after departure, otherwise the claims shall be deemed forfeited. All medical and spa services are excluded from this provision. Oberwaid AG may refuse the safekeeping of valuables, money and securities without stating the reason, in particular if the items in question are significantly more valuable than those usually kept by clients in a hotel or clinic.
Disruptions such as noise and/or operational restrictions do not entitle hotel and clinic guests to a price reduction or refund.
Customers are fully liable to Oberwaid AG for all damages, losses or other disadvantages caused by themselves or by third parties for whom they are responsible and which are connected with reservations and/or the stay at Oberwaid AG.
12.
Use of the rooms and liability for damage
The rooms may only be used or occupied by the number of persons (including children) specified in the reservation confirmation. The client/organiser is liable for all damage and losses caused by him and together with him in the premises of Oberwaid AG or on the premises of Oberwaid AG. The use of decorative material and the hanging of pictures or similar is strictly prohibited and will result in the client/organiser being liable for damages.
Smoking is prohibited throughout the building (except in the Smoking Lounge and designated outdoor areas). In the event of violations, Oberwaid AG reserves the right to charge a flat-rate fee of CHF 250 for cleaning and other expenses.
13.
Cancellation by Oberwaid AG and force majeure
13.1 If an agreed advance payment or an advance payment or other assurance of payment requested in accordance with point 7 is not made even after a reasonable short grace period set by Oberwaid AG has expired, Oberwaid AG shall be entitled to withdraw from the contract with immediate effect.
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13.2 If the service to be provided by Oberwaid AG under a contract with the customer is made significantly more difficult or impossible in whole or in part due to force majeure (including, in particular, epidemics, pandemics, official orders, riots, natural disasters) or other circumstances beyond the control of Oberwaid AG, Oberwaid AG may withdraw from the contract in whole or in part without compensation up to the amount of the unfulfilled part of the contract.
13.3 Oberwaid AG may also withdraw from the contract without paying compensation if Oberwaid AG has good reason to suspect that the customer's stay could jeopardise the smooth operation, safety or reputation of Oberwaid AG. Oberwaid
AG expressly reserves the right to assert claims for damages against the customer in this regard.
14.
Official fire protection regulations / other safety regulations / installation of decoration material
14.1 The customer agrees to comply with all fire safety regulations of Oberwaid AG, in particular with regard to keeping escape routes clear, complying with the smoking ban and the ban on lighting candles in the hotel rooms. If the customer brings decoration materials, these must comply with the official fire safety regulations. In the event of uncertainty regarding compliance with these regulations, the customer undertakes to clarify in advance with
Oberwaid AG whether the decoration material may be used. Oberwaid AG reserves the right to prohibit the use of decoration materials for safety reasons.
14.2 The customer undertakes to ensure that no more persons have access to the booked rooms than is permitted under the hotel's rules and regulations. The maximum number of persons permitted to occupy a room as determined by Oberwaid AG is binding. In the event of a breach of these regulations, Oberwaid AG accepts no liability whatsoever and reserves the right to take the necessary measures (e.g. providing an additional room at a charge, turning away guests or similar measures).
14.3 The installation of decorative materials and/or other objects on the walls, doors and ceilings of Oberwaid AG's premises always requires the prior consent of Oberwaid AG. The customer shall be fully liable for all damages incurred by
Oberwaid AG through the use of these decorative materials and/or other objects.
15.
Privacy policy
Oberwaid AG undertakes to comply with the applicable data protection legislation when handling and processing all customer data. Reference is made to the applicable data protection declaration. This forms an integral part of these GTC and the customer declares that he/she has taken note of it and agrees to it to the extent necessary. The privacy policy is available at: https://oberwaid.ch/datenschutz
The customer hereby recognises and agrees that Oberwaid AG is entitled, in cases of joint provision of services in cooperation with third parties, to make customer data accessible to the third parties concerned to the extent that this is necessary in the interest of providing the services requested by the customer. Otherwise, the disclosure of customer data to third parties is only permitted with the express consent of the customer. An exception only applies if Oberwaid AG is legally obliged to disclose personal data to third parties.
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16.
Changes / additions
Changes and additions to the contract, the acceptance of the application or these general terms and conditions must be made in writing. Unilateral changes or additions by the guest are invalid.
17.
Vouchers
Oberwaid AG sells vouchers for services to be provided by it in the future. These are issued with or without names, as vouchers or with precisely defined services.
By presenting the voucher, the guaranteed right to provide the service is asserted. Oberwaid AG is only obliged to provide services if the voucher is handed over. If the service is provided to the holder of the voucher, Oberwaid AG will be released from its service. By issuing the voucher, Oberwaid AG acquires ownership of the document, even if the holder is not entitled to dispose of the voucher. The limitation period for vouchers is set to 10 years for restaurant and spa visits.
For vouchers for travel and hotel accommodation, the limitation period is ten years.
18. Final provisions
Changes or additions to the contract or reservation confirmation will be made in writing if possible. Unilateral changes or additions made by the client are ineffective. By signing the contract/reservation confirmation or by unilaterally confirming a booking by the client, he or she accepts the General Terms and Conditions. Where the general terms and conditions do not contain any regulation, the Swiss Code of Obligations applies.
This contract is subject exclusively to Swiss law. The parties agree on St. Gallen/Switzerland as the exclusive place of jurisdiction.
As of: December 2024
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