Private Selection Service AG, Switzerland
A. Scope of the Terms and Conditions and general statements (A.1 - A.3)
B. Brokerage of hotel services and additional services by Private Selection Service (B.1 to B.14)
C. "Private Selection Tour" offers (package tours) and individually arranged travel (C.1 to C.12)
D. Vouchers (D.1 to D.2)
E. Governing law and place of jurisdiction
F. Data Protection Regulations (F... to F ...)
A. Scope of the Terms and Conditions and general statements
A.1 Scope of these Terms and Conditions
These Terms and Conditions of Private Selection Service AG (hereinafter referred to as Private Selection Service) govern the relationship between visitors and guests of the Private Selection Websites (www.privateselection.ch and subpages) and Private Selection Service AG.
These Terms and Conditions apply to enquiries by letter, e-mail etc, to individual travel suggestions made by Private Selection Service, to electronic, phone or mail bookings and to enquiries, bookings etc conducted via social media such as Facebook etc.
The Private Selection Hotels are independent businesses responsible for their own services provided in their own names (individual Terms and Conditions can be found in the relevant hotel publications and on hotel websites.)
A.2 Private Selection Service's websites and booking platform, electronic communication
Information and prices stated on Private Selection Service's websites, booking platforms, social media etc are not binding and may be altered at any time without prior notification. For bookings the information and prices shown at the moment of booking are final.
Communication with Private Selection Service or with the hotels is generally conducted through the booking platform or via e-mail. It is the client's responsibility to ensure that Private Selection Service or the hotels are given valid contact details, in particular regarding an e-mail address which will be used for all communication (e.g. replies to enquiries, booking confirmations) unless the client has asked for correspondence by mail.
Private Selection Service and the hotel are entitled to send messages etc to the e-mail address which has been submitted to them. If the client provided a mobile number it may be used for urgent messages or calls.
If the e-mail address has changed or is out-of-use, the client must inform Private Selection Service and the reserved hotel immediately. The same applies to any change in the mobile number.
A.3 Guests' and visitors' comments on Private Selection Service's websites
Guests are welcome to publish comments on the website www.privateselection.ch (and on social media) regarding their experiences. By making such a publication the guest provides a guarantee to Private Selection Service AG and the related service provider (e.g. hotel) that he/she holds the copyright and all other rights necessary to publish the related text, images etc in line with current law.
The guest confers a non-exclusive worldwide, transferable, free of charge right of usage for the published contributions, texts and photos to Private Selection Service AG and the related service provider (e.g. hotel). The guest has no right to claim that his/her contribution etc be published. A potential publication is at the total discretion of Private Selection Service. The guest may revoke the right of usage at any time by registered mail to Private Selection Service. A revocation is only possible with future effect. Private Selection Service will delete the related contribution within 10 days of receipt of the revocation, provided that there are no legal objections or prevailing interests of third parties. Private Selection Service can refuse the deletion if this involves undue costs.
The guest undertakes to abstain from publishing illegal, sexist, racist or offensive content or links with such content on Private Selection Service AG's websites or social media. Private Selection Service and/or the related provider are entitled to delete such content immediately.
In the case of a claim being raised against Private Selection Service AG or the provider due to the post of a guest or visitor, the guest/visitor shall support Private Selection Service AG and/or the related provider in rejecting such claims and indemnify Private Selection Service and/or the related provider from any claims on first demand.
B. Status of Private Selection Service AG as a broker for accommodation agreements (hotel bookings) and additional services
B.1 Brokerage of hotel services and additional services
Private Selection Service offers a booking portal for guests who want to book hotel and other services with a Private Selection Hotel.
When a guest opts for a stay in a Private Selection Hotel and conducts a booking, the selected hotel is the contract partner regardless of whether the booking is made via the Private Selection Service booking portal or via phone, e-mail etc through the Private Selection Service call centre.
In all these cases Private Selection Service acts solely as a broker.
B.2 Applicability of the Terms and Conditions under letter "B"
The terms listed under section "B" apply to the relationship between guest and Private Selection Service AG for the brokerage of hotel and additional services.
Terms governing the relationship between guest and hotel apply if the hotel does not use its own terms which can be found in the relevant hotel's information section.
B.3 Booking of hotel and additional services
The booking of hotel services and any additional services is conducted according to the description and the supplementary information provided on the relevant hotel page on www.privateselection.ch at the time of booking. This information is an integral part of the agreement between the guest and the guest's selected hotel.
Note: Comments, photos etc submitted by (hotel) guests, third parties etc are not binding for the hotel, other service providers or Private Selection Service and will affect neither the content of the agreement nor the service obligations of the reserved hotel, the service provider or Private Selection Service.
The guest receives a binding booking confirmation from Private Selection Service on behalf of the hotel.
B.4 Personal details and correspondence by e-mail
For the online booking procedure, just as with enquiries and reservations by phone or in writing, the guest is required to provide correct and valid personal details (e.g. name, surname, e-mail address etc) where requested for him/herself and fellow travellers.
As long as the client has not requested correspondence by mail, all correspondence will be conducted via e-mail. Consequently, the guest must provide a valid and current e-mail address with the booking. Private Selection Service and the hotel must be notified quickly of any changes to the e-mail address.
If data is incomplete or incorrect, a short period of grace will be given for corrections to be made, after which the reserved hotel or Private Selection Service has the right to cancel the contract and ask for payment of cancellation costs according to clause B.7. The right to claim further damages remains reserved.
B.5 Credit card details and services paid for via credit card etc
For online bookings, a valid credit card number, together with the period of validity and the verification code (CVC), must be provided during the booking procedure.
Credit card details are submitted to the reserved hotel. The hotel may verify the validity of the credit card details and if, as a result of the verification, it is determined that the credit card cannot be charged or that the data is not correct, the booking contract does not come into effect. In such a case, the hotel/ Private Selection Service will inform the client immediately.
The reserved hotel is entitled to debit all costs (room fee and additional services, including fees for early departure, see B.8) in connection with the booking conducted by the client. Furthermore, the credit card serves as a security for the payment of cancellation costs if the stay is cancelled or in case of no-show.
B.6 Prices and payment of hotel services and additional services
Unless indicated otherwise, prices are per room per night. They are net prices and include the legal VAT. Tourist fees and taxes, accommodation tax etc are not included in the prices and must be paid separately. These fees are listed in the hotel's information section.
The type and amount of any additional taxes and fees depends on the local regulations in force where the hotel is situated and is explained in the relevant hotel's information section.
Optional and additional services are billed separately.
Unless agreed otherwise between the client and the hotel, the guest will pay the costs calculated and confirmed during the booking procedure directly to the hotel, and costs for additionally-booked services to the third-party provider.
Deposit and balance payments are subject to an individual agreement between the guest and the hotel as stated in the (booking) confirmation. Unless agreed otherwise, the full accommodation price, including extras and additional services, is paid at the end of the stay to the relevant provider in the local currency.
After conclusion of the agreement the hotel may ask for a deposit as stated in the hotel information section.
If a guest fails to pay the agreed deposit in time or in full, despite a reminder and within a reasonable grace period, the hotel may cancel the agreement and claim the cancellation cost according to clause B.7, provided that the hotel was prepared and able to provide the agreed services and that there exists no contractual or legal rights of retention on the part of the client.
B.7 Cancellation of booking by the guest
The following regulations apply unless a different agreement has been made between the guest and the hotel.
The cancellation terms will be applied whether the guest cancels the booking deliberately or whether it is due to accident, illness, a medical report, or for any other reason.
The cancellation of a booking must be made in writing (e-mail or letter) directly to the reserved hotel. For the calculation of the cancellation costs, the date of receipt of the cancellation notification by the hotel (during normal office hours) is crucial (this applies to e-mails as well as to letters).
If the hotel has expressly granted the guest a free right of withdrawal up to a certain date, the guest may withdraw from the contract free of charge until that date. Notification by e-mail or in writing must arrive at the hotel by the last day of the deadline during normal working hours.
If the cancellation notification arrives after the deadline, the hotel has the right to ask for the agreed price.
Unless otherwise agreed with the hotel, the following percentages of the total price - showing a reasonable reduction - will be applied in the case of a cancellation or no-show:
Short stays up to 3 nights 80% of the hotel price
Stays of 4 or more nights 60% of the hotel price
Services or payments which have been agreed as non-refundable at the time of booking will always be charged at 100%.
Ancillary and additional services are charged at a rate of 100%.
The hotel guest expressly reserves the right to prove that the place of accommodation has saved on its expenses at a higher level than the reduction considered above or that another use of the accommodation or services has taken place. If the guest can prove this, the price payable is reduced accordingly.
B.8 Arrival, early departure
It is the guest's responsibility to ensure a timely arrival.
In the case of late arrival or early departure the agreed price is due in full.
B.9 Provision of accommodation
Provided that the guest has fulfilled his obligations, the hotel must supply accommodation at the agreed time otherwise it may be liable to pay damages.
B.10.1 Liabilities of the hotel and other service providers towards the guest
The hotel and other service providers have a direct legal obligation towards their guests. The liability terms included in the general terms and conditions of the booked hotel or the booked service provider are applicable. If no special liability terms have been agreed, the relevant legal provisions apply.
B.10.2 Private Selection Service AG Disclaimer
B.10.2.1 Information on Private Selection Service AG's booking platform
The hotel descriptions, hotel services, additional services and prices on Private Selection Service's websites and social media are entered directly by the hotels.
As it is impossible for Private Selection Service to check all details, we cannot be held responsible for their validity.
In the event that unsatisfactory services are provided or a guest or a fellow traveller suffers damage due to incomplete or incorrect hotel details, the hotel is directly liable to the guest.
B.10.2.2 Communication via www.privateselection.ch and social media
Private Selection Service provides a free of charge booking platform to guests and visitors. Private Selection Service does not guarantee uninterrupted availability of the booking platform. Users may experience limitations or interruptions during maintenance work, software updates etc. Private Selection Service does not assume liability for any kind of damages which could result from the usage of the booking platform, its operation or operation breaks. The disclaimer applies to contractual, quasi-contractual and extracontractual claims.
It is the guest's responsibility to ensure proper access to the booking platform and to take the appropriate measures to protect him/herself against malware (e.g. viruses).
Similarly, this provision applies to social media.
B.10.2.3 Private Selection Service AG's further liability limitations and liability disclaimers
Private Selection Service AG will only assume liability for intentional or gross negligence claims under restriction of [AH1] the previous clauses B.10.1 and B.10.2. Liability for slight and moderate negligence, and liability for Private Selection Hotels and for auxiliary persons is excluded.
B.10.3 Private Selection Service AG's extracontractual and virtually contractual liabilities
Extracontractual and quasi-contractual liability is governed by the relevant legal regulations subject to the same liability limitations and liability disclaimers stated in clauses B.10.1 to B.10.2.
Under the heading of extracontractual or quasi-contractual liability no further claims can be made that would exceed (contractual) claims under these Terms and Conditions.
C. "Private Selection Tours", individual tours offered by Private Selection Service
C.1 "Private Selection Tours"
Under the name "Private Selection Tours", Private Selection Service offers accommodation with additional services as its own product. The following provisions apply to services offered under the name of "Private Selection Tours".
C.2 Individual travel
On request, Private Selection Service compiles individually-arranged trips that include accommodation and additional services. For such individually-arranged travel only the proposal made by Private Selection Service, and these terms and conditions, apply.
C.3 Booking of "Private Selection Tours" and individual travel
These trips can only be booked via telephone or e-mail. During the booking procedure, terms and conditions for services, payment and cancellation will be agreed. In addition, the following regulations apply.
C.4 The guests' obligation to participate
When booking a "Private Selection Tour" with outdoor activities (biking, hiking etc.) the guest must choose the trip in accordance with his/her own fitness and the physical condition of fellow travellers.
The guest will receive detailed information regarding the outdoor activities with the travel documents. The instructions and directions must be observed, e.g. wearing a helmet for bicycle activities, compliance with legal regulations (e.g. road traffic law), wearing a life jacket while stand-up paddleboarding etc.
For outdoor activities the guest must carry appropriate clothing in case of bad weather. This obligation also applies to individual travel with outdoor activities.
C.5 Payment terms
"Private Selection Tours" must be paid after receipt of the booking confirmation, at the latest 16 days before the start of the tour. If the tour is booked less than 16 days before the start date, payment is due immediately after receipt of the invoice. Payment terms for individual tours are stated on the travel proposal or on the booking confirmation.
If the payment terms are not observed, Private Selection Service has the right, after a short grace period, to withdraw from the contract and to apply the cancellation cost in line with section C.6, provided that Private Selection Service would have been prepared and able to provide the contractual services and as long as there are no contractual or legal rights of retention on the part of the client.
If payment by credit card has not been honoured or has been revoked, Private Selection Service can withdraw from the contract and claim the cancellation costs according to section C.6.
C.6 Cancellation of "Private Selection Tours" and individual trips by the guest
The client may cancel the tour at any time according to the terms stated below. The cancellation terms will apply regardless of whether the guest is unable to attend for personal reasons or because of accident or illness:
Cancellation up to 16 days before start of tour: processing fee of 80.00 CHF per booking
Cancellation between 15 and 6 days before start of tour: 50% of the total tour price
Cancellation between 5 and 0 days before start of tour or no-show: 80% of the total tour price
This regulation will be applied unless other cancellation terms have been stated in the tour description, tour proposal etc.
The cancellation must be submitted in writing by e-mail or letter. For calculation of costs, the date of receipt, within normal office hours, of the cancellation notification by Private Selection Service is crucial. If notification is received on a Saturday, Sunday or a public holiday (in the Lucerne canton), the next normal working day is applied.
C.7 Cancellation of a tour by Private Selection Service
For group tours with a minimum number of participants Private Selection Service reserves the right to cancel the tour up to 15 days before the start date for short trips of 1 to 7 days. For tours of more than 7 days the cancellation period is 22 days before the start date.
Private Selection Service reserves the right to cancel the tour for compelling reasons such as natural catastrophes, governmental measures, new legal regulations or force majeure which would considerably hinder or impede the safety of the tour.
In both events Private Selection Service will strive to offer the client a replacement trip. If the alternative trip is cheaper, the price difference will be reimbursed. If the client does not accept the replacement trip the total tour price will be reimbursed. Further claims are excluded.
C.8 Travel interruption by the client
If the client terminates the tour before its completion, the tour cost cannot be reimbursed. Any extra costs for return transport (including baggage, bicycle etc) are charged to the client.
If the termination of the tour is the result of compelling reasons such as illness or accident, the client can contact our call centre (+41 41 368 10 05, normal office hours) or email@example.com for organisation of the return trip. Private Selection Service will reimburse clients who terminate the trip for compelling reasons for any service they have not used, provided that Private Selection Service is not liable for the cost and as long as they are not insignificant amounts. Private Selection Service charges an appropriate processing fee for the handling etc.
Weather conditions are not compelling reasons for the termination of a trip with outdoor activities, be it hot weather in the summer or rain, wind and snow.
C.9 If the client or fellow travellers have a complaint
In the event that the tour does not meet the contractual agreement of the guest, or a fellow traveller (hereinafter referred to as "guest") suffers damages, the guest must immediately report the problem or damage to our call centre (+41-41-368 10 05) or to the hotel manager/service provider who is the acting host at that time, and ask for the problem to be rectified.
If the problem is not rectified within an appropriate period of time, the guest is required to have the problem, defect or damage, as well as the subsequent lack of remedial action, reported in writing by the host/service provider. The host/service provider is not entitled to accept a defect, compensation etc claim in the name of Private Selection Service.
If the guest fails to file a complaint and get written confirmation, Private Selection Tours will be unable to process any claim after the end of travel, and the guest will lose any rights against Private Selection Service. If the guest wishes to pursue a claim against Private Selection Service for defects, reimbursement or compensation, the claim must be presented in writing to Private Selection Service within 30 days after the scheduled end of travel. The host/service provider's confirmation statement and any other proof must be added to the claim. If the guest fails to file the claim within 30 days after the scheduled end of travel, he/she will lose all rights and claims against Private Selection Service AG.
All claims against Private Selection Service expire one year after the agreed end of travel. This is subject to statutory longer periods of limitation which cannot be shortened contractually or shorter statutory time limits.
C.10 Liability of Private Selection Service AG for "Private Selection Tour travel" and individually arranged travel
Within the framework of the following regulations Private Selection Service will reimburse the value of services that were agreed but were not, or were inadequately, provided and compensate any extra expenses or incurred damage etc, if Private Selection Service, the hotel or other service providers failed to provide substitute services of equivalent value there and then.
C.10.2 Liability limitations, liability disclaimers
C.10.2.1 International agreements and national laws
If international agreements, laws based on international agreements or national laws contain limitations or exclusions of compensation regarding injury etc. resulting from non-performance or inadequate performance of the agreement, Private Selection Service will only assume liability within the framework of such agreements and laws.
C.10.2.2 Liability disclaimers
Private Selection Service is not liable if the non-performance or inadequate performance of the agreement is a result of the following :
a. Failures of the guest/fellow travellers before or during the tour, such as choice of a "Private Selection Tour" which exceeds the fitness of the participants, non-observance of instructions during hiking and biking tours, refusal to wear a helmet on a bicycle tour, non-compliance with the traffic rules in force and security instructions etc.
b. Unforeseeable or unavoidable failures of a third party not involved in the provision of the agreed service.
c. Force majeure or an event that, despite all due care, could not have been avoided or averted by Private Selection Service, the agent, the hotelier or the service provider. In such events all liability for compensation, obligation to compensate non-material damages, experienced frustration, personal redress etc by Private Selection Service is excluded.
C.10.2.3 Personal injuries
Within the framework of these Terms and Conditions, applicable international agreements, laws based on such international agreements and national laws, Private Selection Service is liable for any personal injuries resulting from the non-fulfilment or insufficient fulfilment of the contract.
C.10.2.4 Other damages (property damage, financial loss etc)
For other damages besides personal injuries resulting from the non-fulfilment or insufficient fulfilment of the contract, Private Selection Service's liability is limited for each traveller to a maximum of double the individual price of the tour, provided that the damage is caused intentionally or as a result of gross negligence; these Terms and Travel Conditions as well as applicable international agreements, laws based on international agreements and national laws with lower liability limits or liability exclusions remain reserved.
C.10.2.5 Communication via www.privateselection.ch
Private Selection Service provides the guest and visitor with its booking platform free of charge. Private Selection Service does not guarantee uninterrupted availability of the booking platform. Users may experience limitations or interruptions during maintenance work, software updates etc. Private Selection Service does not assume liability for any kind of damages which could result from the usage of the booking platform, its operation or operation breaks. The disclaimer applies to contractual as well as quasi-contractual and extracontractual claims.
It is the client's responsibility to ensure proper access to the booking platform and to take the appropriate measures to protect him/herself against malware (e.g. viruses).
C.10.2.6 Valuables, cash, jewellery, credit cards, photography/video equipment, electronic devices, mobile phones etc.
Private Selection Service draws the guest/fellow traveller's attention to the fact that they are responsible for the safekeeping of valuables, cash, jewellery, credit cards, photography/video equipment, electronic devices, mobile phones etc.
In the hotels, valuables etc. must be kept in the safe deposit box. Such objects must not be kept in an unattended vehicle or on a bike or in any other unsupervised place.
Private Selection Service does not assume liability for theft, loss, damage to or abuse of lost valuables, photo/video equipment, cash money, jewellery, credit cards, mobile phones, electronic devices etc.
C.10.2.7 Liability in accordance with the legislation for hosts (hoteliers)
Private Selection Service wishes to make you aware that according to the applicable laws the liability of hosts (hoteliers) for personal items brought by the guest (luggage, own bicycle etc) is generally limited or totally excluded.
In such an event, Private Selection Service can refer to the liability limits or liability exclusions applicable for the hotelier and liability is limited accordingly.
C.10.2.8 Activities, biking and hiking tours etc
The times for the biking and hiking tours have been carefully calculated. However, despite careful tour planning Private Selection Service cannot guarantee that the guest or participant will arrive at the booked hotel etc at the calculated hour or that the tour is completed in time. Private Selection Service does not assume any liability for the results of possible delays etc.
Private Selection Service recommends that guests consider possible delays when travel planning.
C.10.3 Events during the course of the tour (third party services)
Apart from the agreed tour programme it may be possible to book local events or excursions during the trip. We cannot guarantee that such events or excursions do not carry certain risks. The decision to participate in such events or excursions is the sole responsibility of the guest/fellow traveler. These events or excursions are organised by third parties. Private Selection Service is not the contractual party and will assume no liability whatsoever. These events remain third-party services even as a result of an impromptu booking with a representative of Private Selection Service or in the Private Selection Hotel.
C.10.4 Private Selection Service's extracontractual and quasi-contractual liabilities
Extracontractual and quasi-contractual liability is governed by the relevant legal regulations and international agreements. Liability for damages other than personal injuries is limited for each traveller to double the individual tour price, unless international agreements, laws based on international agreements and national laws, or these Terms and Travel Conditions provide for lower liability limits or liability exclusions.
Under the heading of extracontractual or quasi-contractual liability no further claims can be made that would exceed (contractual) claims under these Terms and Conditions.
C.11 Entry and luggage requirements
C.11.1 Entry requirements for "Private Selection Tours" and individual package tours
Some "Private Selection Tours" and individual package tours may include crossing national borders (e.g. "Bike tour Lake Constance"). For border crossings, citizens of a Schengen state need a valid identity card.
Citizens of other states should check in advance any regulations that apply to their situation.
In giving this information, Private Selection Service assumes that no special circumstances apply, such as double citizenship, statelessness etc.
C.11.2 Domestic travel services only
If the guest has only booked domestic travel services, the journey to the start location is his/her own responsibility. Guests arriving from abroad are responsible for abiding by the relevant entry requirements. We recommend that guests make enquiries at the competent authorities well in advance of travel.
Where luggage transport is part of your tour, you will find the relevant information about the number of luggage pieces, and their size and weight, in the travel description or the travel documents. Pieces of luggage that do not comply with the guidelines may not be transported. In certain circumstances, pieces of luggage that do not fit the specifications may be transported, however this is at the sole discretion of the carrier and there is no legal obligation to transport the luggage. In such cases, the carrier may charge an additional fee.
Private Selection Service is a member of the Guarantee Fund of the Swiss Travel Industry. This guarantees you the security of the amounts paid in connection with the package holiday that you have booked (in accordance with article 1 of the Federal Law on Package Travel). www.garantiefonds.ch
D.1 Cash Vouchers
Cash vouchers can be issued for an amount of Swiss Francs ?. They can be used for the payment of booked Private Selection Hotel services, "Private Selection Tours" and individual Private Selection package tours. If you intend to pay for services with vouchers, this should be indicated when making the reservation. When making a payment, the voucher must be presented otherwise it cannot be redeemed. Whoever presents the voucher is considered by the hotel or by Private Selection Service as the legitimate owner, (even if it was issued in another name). Neither the hotel nor Private Selection Service are obliged to check the legitimacy of the owner.
If the voucher amount is higher than the requested amount, a new voucher will be issued for the difference.
It is not possible to receive cash in return for the voucher. The voucher is valid for two years from its date of issue.
D.2 Vouchers for services ('Gourmet vouchers', 'Night Vouchers', 'Wellness Vouchers')
The services for which these vouchers can be redeemed are written on the voucher. Extra services must be paid for separately. Vouchers are valid for one year.
It is not possible to exchange the services stated on the voucher for other services.
In addition, the conditions listed under D.1 "Cash Vouchers" apply.
E. Governing law and place of jurisdiction
All legal relations between you and Private Selection Service AG are governed by Swiss law, with the exclusion of the (UN) Vienna Sales Convention.
Lucerne is agreed as the exclusive place of jurisdiction.
The invalidity of individual regulations does not result in the invalidity of the entire contract.
The above regulations regarding governing law and the place of jurisdiction apply as long as there are no prevailing regulations in applicable laws or international agreements which cannot be changed.
Private Selection Hotels, Lucerne, 25.07.2018