1. Scope, contractual partners and conclusion of contract
These General Terms and Conditions apply to contracts for the letting of rooms for accommodation and for all other services from the b_smart selection as well as their businesses (hereafter “b_smart”) associated with this, represented by bsmart selection AG, Industriestrasse 2, 9487 Gamprin-Bendern.
The following companies belong to the b_smart selection:
b_smart hotel Bendern (bsmart hotel Ben AG)
b_smart motel Sevelen (bsmart motel Sev GmbH)
b_smart motel Basel (bsmart motel Bas GmbH)
b_smart motel Landquart (bsmart motel Lan GmbH)
Hotel Vaduzerhof Vaduz (Hotel Vaduzerhof Anstalt)
Hotel Meierhof (Meierhof Hospitality Anstalt)
Hotel Rebstock (Rebstock Hospitality AG)
Motel Rheinfels Park (Rheinfelspark Hospitality GmbH)
Aparthotel Wiggertal (Wiggertal Hospitality GmbH)
Hotel Storchen Schönenwerd (Storchen Hospitality AG)
flexy.motel Ebnat-Kappel (flexy.motel Ebn GmbH)
flexy.motel Buchs (flexy.motel Buc GmbH)
Hotel Freihof Wil (flexy.motel Wi GmbH)
Hotel Kreuz Sachseln (Kreuz Hospitality AG)
The contractual partners are b_smart and the guest. If a third party has ordered one or more rooms for a guest, they are liable to b_smart together with the guest as the joint and several debtor for all obligations resulting from the concluded contracts. In this case the guest and third party are severally liable.
A contract comes into existence when a payment of the whole booking amount was made using a credit or debit card with online booking or at the check-in terminal with direct booking. b_smart sends an electronic booking confirmation to the guest. The subletting or other leasing of the rented rooms to third parties and their used other than for lodging purposes requires prior written consent from b_smart.
With the conclusion of the contract, the Contracting Party shall acquire the right to the common use of the rented rooms and the facilities of the b_smart selection businesses that are commonly accessible to the guests without any special conditions. The guests are aware that only very limited staff of the b_smart selection businesses are available and that the guest must take individual responsibility on the day.
The Contracting Party must exercise his/her rights in accordance with the rules of the house.
2. Booking and cancellation
The booking is made online or at the check-in terminal. The advance payment for the whole booking amount is made using a credit or debit card.
The Contractual Partner acquires no right to the provision of particular rooms, if not explicitly agreed.
Once the contract has been concluded, the guest can no longer withdraw from the contract, unless a cancellation option was expressly agreed in writing beforehand by the guest. If a free right to cancellation before a specific date has been agreed in writing with the guest, the guest may withdraw from the contract without any charges until then. The right to withdraw expires if the guest does not exercise this right in writing to b_smart by the agreed date. If a free right to cancellation has been agreed in writing, b_smart is entitled to charge the agreed prices and debit them from their credit card if the guest cancels, unless the guest’s cancellation is as a result of circumstances, which b_smart is responsible for. b_smart recommends taking on travel cancellation insurance in any case.
If the guest’s free right to cancellation has been agreed in writing within a specific deadline, b_smart is entitled to withdraw from the contract during this period if there are enquiries from other guests for the contractually booked rooms and if the guest does not waive their right to cancellation when requested to by b_smart.
Furthermore, b_smart is entitled to extraordinarily withdraw from the contact if, for example:
_ Force majeure or other circumstances that b_smart is not responsible for make it impossible to fulfil the contract;
_ Rooms are booked by giving misleading or incorrect information about important facts, e.g. about the guest’s personal details or the purpose;
_ b_smart has good reason to assume that the use of the motel’s service may put the smoothing running of the business, safety or the motel’s public reputation at risk, without this being attributed to the scope of control and/or organisation of b_smart.
_ There is a breach of Section 1 of the second paragraph of these GTC.
_ uses the premises in a considerably detrimental manner or spoils the stay of the other guests, the owner, the owner’s staff or other third parties residing in the accommodation facility through his/her inconsiderate, objectionable or otherwise inappropriate behaviour or is guilty of a criminal offense against these persons relating to action against property, morality or physical security;
_ suffers from a contagious disease or a disease the duration of which exceeds the duration of the stay at the accommodation, or is otherwise in need of care;
_ then the stay is illegal.
The guest has no right to compensation if b_smart withdraws from the contract for one of the reasons above.
3. Check-in and check-out
The guest checks in using the terminal provided for this. The guest receives the room card after completing the check-in via the terminal. The room card must be thrown into the compartment provided for this when the guest leaves b_smart. The room is available from 2.00 p.m. at the latest on the day of arrival. On the agreed day of departure the rooms must be vacated by 11.00 a.m. at the latest. b_smart is entitled to charge for another day if the rented rooms are not vacated on time. If a room is used before 7.00 a.m. the previous night counts as the first night.
4. Prices and methods of payment
All the prices listed in the price lists, on websites or elsewhere are in Swiss francs and statutory value added tax. The prices result from the conclusion of contract or the price lists it is based on. Any changes made to bookings entitle b_smart to charge different prices, e.g. to change the number of rooms booked or the guests’length of stay.
The following methods of payment and credit cards are accepted:
_ Maestro debit card
b_smart does not have a staffed reception, it is therefore not possible to pay with cash or by cheque.
5. Smoking ban and fire safety
The fire safety regulations below must be complied with throughout the buildings of all businesses of b_smart. Only the objects and appliances that belong to the room amenities may be used.
The use of kettles, ovens, toasters, immersion heaters, electrical irons and similar appliances is not permitted.
If an attempt is made to wilfully deactivate the fire alarms, a fine of at least CHF 1‘000.00 is charged per room. In addition, the guest will be charged for any subsequent costs resulting from this.
According to the law dated 13 December 2007 on the protection of non-smokers and advertising, smoking is prohibited inside the businesses of b_smart.
In the event of erroneously or improperly alerting the fire brigade, the person responsible will be charged at least CHF 1‘000.00 plus the fire brigade’s deployment costs as a fee.
Cots can be reserved 24 hours before arrival by email. For prices see the price list.
Bringing along a pet requires the consent of b_smart. The guest is obliged to inform b_smart in advance of his/her desire to bring along a pet. If b_smart agrees to accommodate the pet, this is on condition that the pet be supervised by the guest at all times, is free from disease and does not pose a danger to hotel guests or hotel staff in any way. Taking the animal to breakfast or to the bar at b_smart hotel is not permitted. A fee of CHF 25.00 applies per night for the pet and a dog basket or dog blanket must be brought.
Pets are not allowed in all b_smart motels.
Dogs for the blind or deaf or similar service dogs are exceptions to this rule. These dogs may be brought along free of charge and at all times.
8. Parking spaces
Free parking spaces are partially available to guests. b_smart does not accept any liability for stationary damage, theft or any other damage to the vehicle during the guest’s stay. Illegally parked vehicles may be towed away at the vehicle owner’s expense due to fire safety regulations.
Various snacks, beverages and toiletry items are available to the guest against payment. Breakfast and various beverages such as coffee, tea, juice and water are included in the room rate. The breakfast times are displayed on the www.b-smarts.net website.
b_smart has the following amenities: High-speed WiFi throughout the whole motel, free parking spaces, excellent quality furnished non-smoking rooms, automatic indoor ventilation, flatscreen with satellite / TV / radio, alarm clock, international television channels, safe, blacked out rooms, large desk.
11. Fitness and wellness (Not available in every company)
b_smart provides in some businesses the guests with a small wellness and fitness area. The equipment is in good condition. Use of the equipment is at your own risk and without supervision. b_smart shall not be liable. Sports and wellness are intended for recuperation purposes. Guests with ailing health or fatigue should avoid use of this equipment.
b_smart is not liable for the guests’ belongings in accordance with statutory provisions. b_smart shall only be liable if items in questions have been handed over to b_smart or persons authorised by b_smart or have been moved to a specific place intended by the aforementioned parties.
All claims against b_smart lapse six months after the guest’s departure, if mandatory statutory provisions do not provide for longer deadlines.
b_smart provides free internet access via Wi-Fi.
b_smart assumes no liability for internet failures, damage through third parties, imported data of any kind (viruses, worms, Trojan horses, etc.), or for links from and to other websites. b_smart has no control over the content and form of external websites.
b_smart does not guarantee the faultless functioning of hardware and software. b_smart would like to point out that this site may contain technical inaccuracies or typographical errors.
b_smart shall under no circumstances be liable towards the guest or any third party for any direct, indirect, special or other consequential damages arising from the use of this website or any linked websites. Any liability for loss of profits, business interruption, loss of programs or other data in the guest’s information systems is excluded. This also applies if the possibility of such damages is expressly pointed out.
14. Data protection
b_smart is committed to maintaining the confidentiality of the guest’s personal data. b_smart provides the guest with content or services from other websites through links on this website.
These websites are not subject to the b_smart data protection guidelines.
It is recommended to check each of these websites and to determine how the data is respectively protected. The guest shall provide b_smart with personal data for the purpose of communication or for reservations. b_smart reserves the right to use this data for marketing purposes. There is no guarantee in place for the confidentiality of email and other electronic means of communication.
15. Final provisions
All the information (in particular prices, reservations, online calculations) are without warranty. b_smart cannot guarantee that this data is totally up-to-date at any time. b_smart reserves the right to change or update the information on this web page at any day and without prior notice. This also applies to improvements and / or changes to the products described on this page.
Amendments or additions to the contract and the reservation confirmation are always in writing if possible on the website www.b-smarts.net.
Unilateral amendments or additions are invalid. By paying for the booking the guest accepts the General Terms and Conditions.
This contract and any disputes resulting from it are exclusively subject to Liechtenstein law.
Chosen place jurisdiction: The place of jurisdiction is the headquarters of b_smart or the ordinary jurisdiction of the defendant.
The sole court of jurisdiction is the registered seat of b_smart.