General Terms and Conditions
of The Cambrian AG
1 Scope of application
These General Terms and Conditions (hereinafter "GTC") govern the conclusion, content and execution of contracts between The Cambrian AG (hereinafter referred to as the "Hotel") and the customer (hereinafter referred to as the "Guest") concerning accommodation, catering and the other services offered by the Hotel. For the conclusion and execution of contracts concerning spa treatments, vouchers or merchandise products via the Hotel's website, the "General Terms and Conditions of The Cambrian AG - Webshops" take precedence (www.thecambrianadelboden.com/de/agbs-onlineshop).
If individual agreements and the GTC contain provisions that differ from each other, the provisions of the individual agreement shall take precedence over those of the GTC. However, if the provisions of the agreement are unclear or incomplete, the provisions of the GTC shall apply.
The validity of any general terms and conditions of the Guest is hereby excluded.
In the case of contradictions, the German version of the GTC shall take precedence over the other versions.
2 Prices and terms of payment
2.1 General provisions
The presentation of the hotel, the rooms and the other services, the description and price on the website www.thecambrianadelboden.com (hereinafter referred to as the "Website") as well as in brochures, advertisements or the like shall not constitute a legally binding offer of a contract or an assurance of characteristics unless they are expressly designated as binding in writing.
The price in Swiss francs (CHF) is decisive. Prices in foreign currencies are indicative and will be charged at the respective daily rate. The visitor's tax is not included in the price and must be paid separately by the Guest. Any increases in statutory taxes after conclusion of the contract shall be borne by the Guest.
The Hotel is entitled to request a deposit or advance payment of the total booking amount. Instead of a deposit or advance payment, the Guest may be required to provide a credit card guarantee for the total amount of the booking. The Hotel has the right to invoice the services provided at any time.
Receivables of the Hotel are due at the latest after use of the respective service or, in the case of a stay with overnight accommodation, on the agreed day of departure or at check-out.
The offsetting of a claim against the Hotel is excluded.
The prices and terms of payment for events shall be agreed individually and in writing between the Hotel and the Guest.
The Hotel is entitled to request a deposit of 10% of the expected total amount. This deposit will not be refunded in case of cancellation by the Guest.
Additional costs may be incurred for services outside the regular service times or for special requests by the Guest (cf. Clause 6.1).
3 Conclusion of contract
3.1 Room reservation
The Guest can make the room reservation on site, by telephone, by e-mail, by fax or via the Website. By submitting the reservation via the Website, the Guest submits an offer to the Hotel to conclude a contract and receives a reservation confirmation by e-mail, which constitutes acceptance of the offer. In the case of reservations made by telephone or by e-mail, the Hotel shall send an individual offer. In this case, the contract shall only be concluded upon acceptance of the offer by e-mail by the Guest.
The Guest has no right to a specific room unless this has been explicitly guaranteed to him in writing.
Events are offered individually by the Hotel upon request. The contract is concluded upon written acceptance of the offer by the Guest. The GTC supplement the individual contract where the latter does not contain any provisions.
Spa treatments can be reserved on site, by telephone, by e-mail, by fax or via the Website. The contract is concluded with the reservation confirmation by the Hotel.
On the day of arrival, the room can be occupied from 15:00 and must be vacated by 11:00 on the agreed day of departure. In the event of arrival after 23:00, the Hotel must be informed by the Guest of the later arrival by telephone or in writing by 15:00 at the latest on the day of arrival.
In the event of late vacating of the room by the Guest, the Hotel may charge 50% of the accommodation price (list price) for use exceeding the contract by up to three hours, and the full accommodation price (list price) for use exceeding the contract by more than three hours. Contractual claims of the Guest for the proper continued use of the areas are not justified by this; the Hotel reserves the right to assert claims for damages. In the event of late vacating of the room, the Hotel reserves the right to remove the guest's items from the room and store them in a suitable place at a charge.
5 House rules
5.1 Access to the room
The hotel room is reserved exclusively for the registered Guest and the persons specified at the time of booking. The provision of the room to a third person or the use by an additional person (hereinafter "Accompanying Person") requires the written consent of the Hotel.
The Guest must carefully keep the room key given to him for the duration of the contract, may not leave it with unauthorised third parties and must report any loss to the Hotel immediately.
Only food and beverages purchased from the Hotel may be consumed in the hotel.
Smoking is permitted on the hotel premises only in designated places. Smoking is prohibited in all interior rooms of the hotel.
Animals may only be brought into the hotel with the prior written consent of the Hotel and for an additional fee. The Guest who brings an animal into the hotel is obliged to keep or supervise this animal properly during his stay or to have it supervised by suitable third parties at his expense. Any damage (such as excessive pollution/soiling, scratch marks, etc.) caused by the animal will be charged to the Guest. The Guest must also ensure that the animal does not soil the hotel premises.
Animals are not permitted in the common rooms, restaurant and event rooms or in the hotel's wellness area. Dogs must be kept on a leash outside the booked room on the entire hotel premises.
6 Additional provisions for events
6.1 Regular service times and consumption
The regular service times for events are from 07.00 to 00:00 (midnight). The Hotel reserves the right to charge a flat rate of CHF 100.00 per hour and per department required for services after the official service times.
All food and beverages are to be purchased from the Hotel. In special cases (e.g. specialities), a different written agreement may be made in this respect. In such a case, the Hotel is entitled to charge an additional service fee or corkage fee.
6.2 Blocked rooms and guest list
The Guest must provide the Hotel with the guest list, including first and last names, arrival time and payment information, no later than 14 days before the event. If this deadline passes unused, the Hotel may release blocked rooms.
Up to seven days before the event, the number of participants may be reduced by a maximum of 10% without any cost consequences regarding the food and beverages (hereinafter "F&B Services"). Excluded are products specially purchased at the request of the Guest. Reductions in the number of guests exceeding 10% will be charged in full.
If, on the other hand, the event is cancelled, the general cancellation conditions of Clause 9.2 shall apply exclusively also with regard to the F&B Services. The preceding regulation concerning reduction of participants shall therefore not apply. Should the number of guests increase, the actual costs will be charged. The Hotel does not guarantee that an increase in the number of guests is possible.
6.3 Use of room, fire protection and permits
The use of the Guest's own electrical equipment and devices using the Hotel's power supply system requires the prior written consent of the Hotel. Any faults or damage to the Hotel's technical equipment caused by the use of these devices and appliances shall be borne by the Guest, insofar as the Hotel is not responsible for such faults or damage. The Hotel may record the electricity costs incurred by the use of the electrical equipment and devices as a lump sum and charge them to the Guest.
Faults in technical or other facilities provided by the Hotel shall be remedied as quickly as possible upon notification by the Guest. Insofar as the Hotel is not responsible for the disruptions, the Hotel's remuneration claims shall not be reduced.
The contracting Guest is responsible for the agreed and appropriate use of the room. Subletting is only permitted with the written consent of the Hotel. The Guest is responsible for ensuring that the fire protection conditions are complied with (e.g. regarding the materials brought in, the maximum number of persons and keeping the escape routes clear). The decoration material must be agreed with the Hotel in advance.
Any necessary permits must be obtained by the Guest in time and at his own expense. The Guest shall be responsible for compliance with the permits and all other regulations under public law in connection with the event. Fines resulting from a violation shall be paid by the Guest. The Hotel reserves the right to claim damages.
Any exhibits or other items brought in must be removed immediately after the end of the event. The Hotel may remove and/or store items left behind at the Guest's expense. If removal involves disproportionately high expense, the Hotel may leave the items in the event room and charge the Guest the usual room rent for the duration of their stay.
Packaging material (cardboard, boxes, plastic, etc.) which accumulates in connection with the supply of the event by the Guest or third parties must be disposed of by the Guest. Should the Guest leave packaging material behind in the hotel, the Hotel shall be entitled to dispose of it at the Guest's expense.
The Guest is also responsible for ensuring that the health of the participants is not impaired and that other hotel guests are not disturbed (e.g. by noise). Furthermore, the Guest is responsible for ensuring that no rights (in particular intellectual property rights) of third parties are violated.
In the event of use contrary to the contract or the law, the Guest undertakes to indemnify the Hotel against third parties.
6.4 Third-party services
Insofar as the Hotel procures facilities or books services from third parties at the Guest's instigation, this is done at the Guest's expense.
The Guest is liable for the careful handling and proper return of the facilities as well as for the timely performance of duties to cooperate and payment of the bill. The Guest undertakes to indemnify the Hotel against all third-party service providers. The Guest is thus liable to the Hotel in particular for all damage arising from cancellations and damage to third parties, insofar as the damage was not caused by the Hotel.
6.5 Advertising measures
The use of the Hotel's logo, photos or similar for advertising purposes requires the written consent of the Hotel.
7 Spa treatments
The Hotel offers massage and beauty treatments. Booking in advance is recommended. Before the start of the treatment, the Guest must truthfully complete a health questionnaire. Booked treatments can be cancelled up to 24 hours in advance at the latest without incurring any costs. Late cancellations or missed appointments will be charged at 100%.
In case of late arrival at the booked appointment, the treatment time will be shortened accordingly to avoid waiting times for subsequent guests. The treatment price will not be reduced.
Vouchers are only issued after full payment and are valid for two years.
For vouchers, the provisions under clause 7 of the General Terms and Conditions of The Cambrian AG - Webshops (www.thecambrianadelboden.com/de/agbs-onlineshop) shall apply in addition.
9 Service disruptions
9.1 Service disruption caused by the Hotel
9.1.1 Hotel rooms and event rooms
If no room is available in the hotel despite a confirmed reservation, the Hotel shall inform the Guest as early as possible and, if possible, offer an equivalent substitute in a nearby hotel of a comparable or higher category. Any additional expenses for the substitute accommodation shall be borne by the Hotel. If the Guest rejects the substitute room and withdraws from the contract, he shall notify the Hotel thereof in writing without delay. In this case, the Hotel shall reimburse the Guest for services already rendered (e.g. down payments). The Guest shall have no further claims (in particular for damages). If the declaration of withdrawal is made late, the Guest may be charged for the costs incurred as a result.
9.1.2 Food and Beverage (F&B Services)
If agreed F&B Services cannot be provided by the Hotel, the Hotel shall inform the Guest immediately and, if possible, offer an equivalent replacement. Any additional expenses shall be borne by the Hotel. If the Guest refuses the substitute service, he shall inform the Hotel thereof in writing without delay. Withdrawal from the contract without compensation shall only be permitted if the change in service is substantial and the Guest cannot reasonably be expected to adhere to the contract. In this case, the Hotel shall reimburse the Guest for services already rendered (e.g. down payments). The Guest shall have no further claims (in particular for damages). If the declaration of withdrawal is made late, the Guest may be charged for the costs incurred as a result.
If agreed spa services cannot be provided by the Hotel, payments already made in this regard will be refunded to the Guest. Claims for damages against the Hotel are excluded.
9.2 Service disruption caused by the Guest
9.2.1 Cancellation by the Guest / Cancellation fees
a) General provisions
Cancellations must be notified to the Hotel in writing and in good time, otherwise 100% of the booked services will be charged. The date of receipt of the Guest's written cancellation by the Hotel is decisive for the calculation of the deadline. This applies to letters as well as fax and e-mail messages.
The agreed price is also due in full in the event of no-show and early departure by the Guest.
In individual cases, the Hotel reserves the right to charge higher compensation in addition to the cancellation fees in accordance with the following cancellation conditions, in the amount of the damage it has incurred, which must be specifically quantified and proven to the Guest. In this case, the Guest is at liberty to prove that the Hotel has not incurred any damage in excess of the cancellation costs or that the damage is lower.
If the Guest is able to provide evidence that he/she is unable to arrive on time or at all as a result of force majeure (e.g. flood, avalanche, earthquake), the claim to payment for the service offered shall lapse. However, the obligation to pay for the booked stay shall be revived from the moment the Guest is able to arrive.
b) Single booking
Single bookings are bookings of up to 3 rooms. A single booking can be cancelled in writing up to seven days before the planned arrival date without incurring any costs.
c) Group bookings and event rooms
Group bookings are defined as bookings of 4 rooms or more or bookings for at least 8 persons. Where reference is made below to arrival, the agreed arrival date is meant in relation to room reservations; the agreed event date or the agreed start of use is meant in relation to event rooms.
For bookings of up to 10 rooms and event rooms with capacity up to a maximum of 10 people, the following cancellation conditions apply:
up to 30 days before arrival free of charge
29 to 15 days before arrival 50% of the total amount
14 to 8 days before arrival 75% of the total amount
7 to 0 days before arrival 100% of the total amount
For bookings of 11 rooms or more and of event rooms with capacity for more than 10 people as well as the terrace for sole use, the following cancellation conditions apply:
Up to 90 days before arrival free of charge
89 to 60 days before arrival 25% of the total amount
59 to 30 days before arrival 50% of the total amount
29 to 15 days before arrival 75% of the total amount
14 to 0 days before arrival 100% of the total amount
d) F&B Services
Subject to Clause 6.2 and other agreements, the same deadlines and percentages shall apply to the cancellation of F&B Services as to bookings of up to 10 rooms and event rooms for up to 10 persons (cf. Clause 9.2.1 lit. c), based on the total amount of the F&B Services. The number of participants expected before the cancellation is taken into account. If the services have not yet been defined or not yet conclusively defined, the Hotel is entitled to use the average F&B Services of the Hotel as the basis for calculation. The Hotel reserves the right to stipulate individual cancellation conditions in the contract.
9.2.2 Default of payment
If the Guest is in default of payment, the Hotel may refuse to provide its services until the date of receipt of payment. If the services cannot be used on the scheduled date as a result of a justified refusal to provide services by the Hotel, payment for the agreed services shall remain due in full.
In the event of late payment or credit card guarantee, the Hotel may send the Guest a reminder and charge CHF 20.00 per reminder. If the Hotel initiates a debt collection procedure against the defaulting Guest, a processing fee of CHF 50.00 is owed.
If the Guest does not settle agreed advance payments or deposits by the due date, the Hotel may refuse to provide the contractual services until the date of receipt of payment.
The Hotel is entitled to assign its claims to a third party, in particular a collection service provider, or to have them collected by such a third party. Additional processing fees may be charged.
In the event of default of the down payment/advance payment or the credit card guarantee, the Hotel shall further have the right to set a grace period in writing and to withdraw from the contract if this grace period expires unused. For the calculation of the costs, the provisions, in particular the deadlines, for cancellation by the Guest shall apply analogously. The right to claim damages from the Guest remains reserved.
10 Withdrawal by the Hotel
Up to 180 days before the agreed date of arrival of the Guest at the latest, the Hotel may withdraw from the contract by unilateral declaration without stating the reason. In the case of room reservations via the Website, the Hotel is also entitled to declare a withdrawal from the contract by means of immediate notification after sending the reservation confirmation.
If there are objectively justified reasons, the Hotel is furthermore entitled at any time to withdraw from the contract extraordinarily and with immediate effect by means of a unilateral declaration. An objectively justified reason is deemed to be in particular:
- an advance payment or security deposit not made after expiry of the grace period (cf. 9.2.2);
- force majeure or other circumstances beyond the Hotel's control which make the performance of the contract objectively impossible;
- the booking or use of rooms, spaces or services under misleading or false information or concealment of material facts (e.g. in the person of the Guest or the purpose of use or stay);
- reasonable grounds for the Hotel to assume that the use of the agreed services may impair the smooth operation of the business, the safety of other hotel guests or the reputation of the Hotel;
- the Guest's inability to pay (bankruptcy or fruitless attachment) or the suspension of payment;
- an unlawful purpose or reason for the stay.
In the event of a withdrawal by the Hotel in accordance with the contract, the Hotel shall not be obliged to offer the Guest an equivalent replacement. With regard to the compensation for the booked services, the provisions on the cancellation fees shall apply analogously. The Guest has no claim to compensation.
11.1 General provisions
The Hotel excludes all liability to the extent permitted by law. In particular, liability for indirect damage, any consequential damage as well as for loss of profit is excluded in full.
The Hotel shall be liable for defective services provided by third parties commissioned by it only in the event of gross negligence or intent in connection with the selection and instruction of the third parties and other auxiliary persons. Any further liability of the Hotel is excluded. Liability for employees of the Hotel for intent and gross negligence remains reserved. For services which the Hotel has merely arranged for the Guest or procured or booked for the Guest's account, there shall be no liability claims against the Hotel. Any liability claims in this regard are to be addressed directly to the third party.
11.2 Items brought in
The Hotel recommends that cash and valuables be kept in the room safe or the reception safe if possible.
The Hotel shall be liable for items brought in by overnight guests or their Accompanying Persons in accordance with the statutory provisions (irrespective of fault) up to the amount of CHF 1'000.00. Items deemed to have been brought in are items stored by the Guest in his hotel room. The Hotel shall only be liable for further damage in the event of gross negligence or intent.
Valuable items (watches, jewellery, etc.), cash or securities must be handed over to the Hotel for safekeeping, otherwise the Hotel's liability is excluded to the extent permitted by law. Items must be handed over for safekeeping at the reception during reception hours.
The Hotel shall not assume any duty of custody or safekeeping for exhibition or other items, including personal items, brought into the event rooms or onto the hotel premises by the Guest or third parties. The Hotel's liability for loss, destruction or damage to these items is excluded to the extent permitted by law. It is the Guest's responsibility to take out insurance for any items brought along.
12 Lost property
Lost property whose value obviously exceeds the amount of CHF 10.00 shall be properly stored by the Hotel for a period of 6 months. Expenses for special storage, especially in the case of large or valuable items, will be charged to the owner.
In the case of clear ownership and knowledge of the residential or business address, lost property will be forwarded at the request of the Guest. The costs and risk of forwarding are borne by the Guest.
After the expiry of the above-mentioned storage period, lost property will be used, sold or destroyed. If urgency so requires, namely in the event of rapid spoilage, loss of value or costly maintenance of the lost property, the Hotel shall be entitled to immediately realise or destroy the lost property. Any proceeds from the sale shall take the place of the lost property.
13 Data protection
The Guest hereby authorises the Hotel to process the data received in connection with the business relationship concerning the Guest and his Accompanying Persons, whether such data originates from the Guest or from third parties, for the purpose of fulfilling the obligations arising from the contractual relationship. If the Hotel involves third parties for the provision of services, the Guest authorises the Hotel to pass on the data necessary for the provision of the service. The Hotel is also entitled to pass on data to external payment and collection service providers - insofar as this is necessary for the utilisation of the respective service.
The collected personal data of the Guest and his or her Accompanying Persons shall be used, among other things, to fulfil legal reporting obligations, which arise in particular from the hospitality industry and/or police law. Insofar as the Hotel is obliged to do so under the applicable provisions, it shall forward the relevant data to the competent authorities.
Data processing is explained in more detail in a separate data protection declaration (www.thecambrianadelboden.com/de/datenschutzerklarung), in particular data processing that is attributable to visits to the Hotel's websites.
14 Formal requirement
Where written form is required in these GTC, text messages by e-mail or fax shall suffice. These shall be deemed equivalent to the written form.
15 Severability clause
Should one or more provisions of these GTC or the individual agreement be or become invalid or unenforceable in whole or in part, the validity or enforceability of the remaining provisions of these GTC and the individual agreement shall not be affected. In this case, the parties shall replace the invalid or unenforceable provision that comes closest to the economic purpose of the provision to be replaced. The same shall apply analogously in the event that these GTC or the contract should contain a regulatory gap.
16 Applicable law and place of jurisdiction
All legal relations between the Guest and the Hotel shall be governed exclusively by Swiss law, subject to the exclusion of international conventions such as the United Nations Convention on Contracts for the International Sale of Goods (CISG), as well as conflict-of-law rules.
All claims shall be subject to the exclusive jurisdiction of the courts of Adelboden, Canton of Bern (Switzerland), subject to any conflicting, mandatory legal or contractual jurisdiction.
The Hotel shall, however, be entitled to invoke the courts having jurisdiction for the registered office or place of residence of the Guest instead.
17 Amendment of the GTC
The Hotel reserves the right to amend these GTC at any time. The current version of the General Terms and Conditions published on the Hotel's website (www.thecambrianadelboden.com/de) at the time of the reservation by the Guest shall apply.
1) General provisions and scope of application
In addition to the hospitality, The Cambrian AG (hereinafter "THE CAMBRIAN") also offers spa treatments and merchandising products, which can be booked or purchased via the website shop.tac.eu.com/cambrian/shop. In addition, it is possible to purchase vouchers for services from THE CAMBRIAN via the website www.thecambrianadelboden.com/de/gutscheine. The two websites are hereinafter referred to as "Webshops".
These General Terms and Conditions (hereinafter referred to as "GTC") apply to the entering into and execution of all contracts of the purchaser (hereinafter referred to as "Customer") with THE CAMBRIAN, via the Webshops.
If individual agreements and the GTC contain provisions that differ from each other, the provisions of the individual agreement shall take precedence over those of the GTC. However, if the provisions of the agreement are unclear or incomplete, the provisions of these GTC shall apply.
Where these GTC do not contain any conclusive provision, the provisions of the General Terms and Conditions of The Cambrian AG – Hospitality (www.thecambrianadelboden.com/de) shall apply in addition.
The validity of any general terms and conditions of the Customer is hereby excluded.
2) Offer and conclusion of contract
The presentation of the products and services as well as the price quotations in the Webshops or other websites of THE CAMBRIAN as well as in brochures, advertisements or similar does not constitute a legally binding offer, but an invitation to place an order.
Only after selecting the desired products or services, choosing the payment method, confirming the General Terms and Conditions and clicking the button "[Order with obligation to pay]" does the Customer submit a binding offer to THE CAMBRIAN to conclude the contract.
The Customer will receive a confirmation by e-mail, which constitutes acceptance of the offer. THE CAMBRIAN may, in particular, withdraw from the contract without compensation in the event of non-availability of the goods from the suppliers or in the event of scheduling conflicts for booked services - by means of immediate notification after becoming aware of this. Any consideration already paid will be refunded immediately.
3) Prices and shipping costs
The price in Swiss francs (CHF) shall apply in each case. Prices in foreign currencies are indicative and will be charged at the respective daily exchange rate.
The prices of THE CAMBRIAN include the statutory value added tax (VAT) and exclude shipping and any customs costs. The shipping costs are shown individually in the order process. Costs for customs clearance and other costs that may be incurred for shipment to a location outside of Switzerland shall be borne by the Customer.
4) Terms of payment
When placing an order via the Webshops, the Customer has the payment options indicated in the order process at his disposal. THE CAMBRIAN reserves the right to exclude certain payment methods in individual cases.
5) Default of payment by the Customer
In the event of late payment, THE CAMBRIAN may send the Customer a reminder and charge CHF 20.00 per reminder. If THE CAMBRIAN initiates a debt collection procedure against the defaulting Customer, a processing fee of CHF 50.00 is owed.
If the Customer does not settle agreed advance payments or deposits by the due date, THE CAMBRIAN may refuse to provide the contractual services until the date of receipt of payment.
THE CAMBRIAN is entitled to assign its claims to a third party, in particular a collection service provider, or to have them collected by such a third party. Additional processing fees may be charged.
6) Delivery & Shipping
When ordering a voucher, the voucher can be obtained online as a PDF document after payment by credit card or Postfinance and printed out locally by the Customer (Print@Home). The latest version of Adobe Acrobat Reader is required for this. The Customer is responsible for ensuring that the necessary requirements for printing the voucher are met.
The remaining products will be sent to the delivery address provided by the Customer after payment has been made.
Any delivery times communicated by THE CAMBRIAN are calculated from the date of receipt of payment by THE CAMBRIAN, are for indicative purposes only and are not binding unless otherwise expressly guaranteed in writing. THE CAMBRIAN expressly excludes any liability for late or impossible deliveries.
THE CAMBRIAN reserves the right to make partial deliveries. This will not result in additional costs for the Customer.
7) Service, accommodation and value vouchers
7.1) General provisions
Purchased vouchers may not be traded for commercial or industrial purposes. The Customer shall take the necessary precautions to prevent use of the voucher by unauthorised persons or misuse (e.g. copying or altering). Printed vouchers must be stored in such a way that all details on the voucher, in particular the voucher number, remain clearly legible. THE CAMBRIAN accepts no liability whatsoever for any damage incurred by the Customer as a result of use or misuse by unauthorised persons or as a result of unreadable vouchers.
Vouchers are only issued after payment in full and are valid for two years. THE CAMBRIAN may extend the period of validity on request, subject to the payment of a processing fee communicated in advance. There is no entitlement to an extension. The value of the voucher cannot be paid out.
7.2) Service and accommodation vouchers
THE CAMBRIAN reserves the right to invoice any price surcharge incurred since the date of issue on acceptance of expired or extended service and accommodation vouchers.
Service and accommodation vouchers (i.e. not purely value vouchers) do not entitle the Customer or voucher holder to the provision of services on any date or at any time. It is the responsibility of the Customer or voucher holder to make an appointment request with THE CAMBRIAN for the voucher service in time. If the Customer or voucher holder does not attend an appointment reserved for the provision of the service, the cancellation conditions for the corresponding services apply.
7.3) Value vouchers
Value vouchers can be used for all services and products offered by THE CAMBRIAN.
8) Right of withdrawal and withdrawal form
Consumers from the European Union have a right of withdrawal in accordance with the following provisions, whereby a consumer is any natural person who concludes a legal transaction for purposes which can predominantly be attributed neither to his commercial nor to his independent professional activity.
8.1) Withdrawal policy
8.1.1) Right of withdrawal
The consumer has the right to withdraw from the contract within fourteen (14) days without giving any reason. The withdrawal period is fourteen (14) days from the day on which the consumer or a third party other than the carrier and designated by the consumer has taken possession of the last goods.
In order to exercise the right of withdrawal, the consumer must inform THE CAMBRIAN (The Cambrian AG, Dorfstrasse 7, CH-3715 Adelboden, [email protected], Fax: +41 33 673 83 80) by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) of his/her decision to withdraw from the contract. The consumer may use the model withdrawal form attached at the end of these GTC, which is, however, not mandatory. To comply with the withdrawal period, it is sufficient for the consumer to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
8.1.2) Consequences of withdrawal
If the consumer withdraws from the contract, THE CAMBRIAN must repay the consumer all payments received from the consumer, including the shipping or delivery costs (with the exception of additional costs resulting from the fact that the consumer has chosen a type of shipping or delivery other than the cheapest standard delivery offered by THE CAMBRIAN), without undue delay and at the latest within fourteen (14) days from the day on which THE CAMBRIAN receives the notification from the consumer of the withdrawal from this contract. For this repayment, THE CAMBRIAN will use the same means of payment that the consumer used for the original transaction, unless expressly agreed otherwise with the consumer; in no case will the consumer be charged any fees because of this repayment. THE CAMBRIAN may refuse repayment until THE CAMBRIAN has received the goods back or until the consumer has provided proof that the consumer has returned the goods, whichever is the earlier.
The consumer shall return or hand over the goods without undue delay and in any event not later than fourteen (14) days from the day on which the consumer notifies THE CAMBRIAN of the withdrawal from the contract. The deadline is met if the consumer sends the goods before the end of the fourteen (14) day period. The consumer shall bear the associated costs.
The consumer shall only be liable for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for testing the quality, characteristics and functioning of the goods.
8.1.3) Exclusion or premature expiry of the right of withdrawal
The right of withdrawal does not apply or expires prematurely in the case of:
- contracts for the provision of services related to leisure activities if the contract provides for a specific date or period for the provision (booking of spa treatments);
- contracts for the supply of goods made to Customer specifications or clearly tailored to personal needs;
- contracts for the supply of sealed goods which are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery;
- contracts for the provision of services, where the service has been fully provided and the performance of the service has begun after the consumer has expressly agreed that the performance of the contract will begin before the expiry of the withdrawal period and has confirmed his knowledge that by giving his consent he loses his right of withdrawal upon the commencement of the performance of the contract.
8.2) Model withdrawal form
If a consumer wishes to withdrawal from the contract, he or she can use the model withdrawal form attached at the end of these GTC, which is, however, not mandatory.
THE CAMBRIAN warrants that the goods will conform to the warranted characteristics, will be free from defects affecting their value or suitability for the intended use, and will meet the prescribed performance and specifications. THE CAMBRIAN reserves the right to remedy an existing defect in the sense of rework or replacement delivery.
The Customer must inspect the goods received as soon as possible and report any defects immediately in writing. The responsible customer service can be contacted by e-mail at [email protected] or by post at The Cambrian AG, Dorfstrasse 7, CH-3715 Adelboden.
10) Retention of title
The goods remain the property of THE CAMBRIAN until all claims arising from the contractual relationship have been paid in full.
THE CAMBRIAN excludes all liability to the extent permitted by law. In particular, liability for indirect damage, any consequential damage and for loss of profit is excluded in full.
12) Data protection
The Customer hereby authorizes THE CAMBRIAN to process the data received about the Customer in connection with the business relationship, whether such data originates from the Customer or from third parties, for the purpose of fulfilling the obligations arising from the contractual relationship. If THE CAMBRIAN involves third parties for the provision of services, the Customer authorizes THE CAMBRIAN to disclose the data necessary for the provision of the service. THE CAMBRIAN is also entitled to pass on data to external payment and collection service providers - insofar as this is necessary for the utilisation of the respective service.
The data processing is explained in more detail in a separate data protection declaration (www.thecambrianadelboden.com/de/datenschutzerklaerung), in particular the data processing which is attributable to the visit to the websites of THE CAMBRIAN.
13) Formal requirement
Where written form is required in the GTC, text messages by e-mail or fax shall suffice. These shall be deemed equivalent to the written form.
14) Severability clause
Should one or more provisions of the GTC or the individual agreement be or become invalid or unenforceable in whole or in part, the validity or enforceability of the remaining provisions of the GTC and the individual agreement shall not be affected. In this case, the parties shall replace the invalid or unenforceable provision that comes closest to the economic purpose of the provision to be replaced. The same shall apply analogously in the event that the GTC or the contract should contain a regulatory gap.
15) Applicable law and place of jurisdiction
All legal relationships between the Customer and THE CAMBRIAN shall be governed exclusively by Swiss law, excluding international conventions such as the United Nations Convention on Contracts for the International Sale of Goods (CISG), as well as the conflict of laws rules.
All claims shall be subject to the exclusive jurisdiction of the courts of Adelboden, Canton of Bern (Switzerland), subject to any conflicting mandatory statutory or contractual jurisdiction.
THE CAMBRIAN is, however, entitled to invoke the courts having jurisdiction over the Customer's registered office or place of residence instead.
16) Amendment of the GTC
THE CAMBRIAN reserves the right to amend the GTC at any time. The version of the General Terms and Conditions current and published at the time of the order by the Customer shall apply.
Model withdrawal form
(If you wish to cancel the contract, please complete and return this form).
The Cambrian AG
Fax: +41 33 673 83 80
I / we (*) hereby withdraw the contract concluded by me / us (*) for the purchase of the following goods (*) / the provision of the following service (*)
Ordered on (*) _______________________ / received on (*) _______________________
Name of the consumer(s)
Address of consumer(s)
Signature of the consumer(s) (only in case of paper communication)
(*) Delete where inapplicable.