PERSON RESPONSIBLE FOR DATA PROCESSING

The controller responsible for data processing on this website and contact for data protection matters is:
Hotel mischun
Herr Gianluca Vincenz
Via Sogn Giacun 28
CH–7165 Brigels

E-Mail: willkommen@mischun.ch
Tel: +41 81 544 51 11

 

CONTENT OF THE ONLINE OFFER

Hotel Mischun reserves the right not to be responsible for the topicality, correctness, completeness or quality of the information provided. Liability claims against Hotel Mischun, which refer to damages of material or idealistic kind, which were caused by the use or disuse of the presented information and/or by the use of incorrect and incomplete information, are in principle impossible, if on the part of Hotel Mischun no as can be prove deliberate or roughly negligent being to blame for is present. All offers are not-binding and without obligation. Hotel Mischun expressly reserves the right to change, supplement, delete parts of the pages or the entire offer without separate announcement or to stop the publication temporarily or finally.

 

REFERENCES AND LINKS

In case of direct or indirect references to external internet pages ("links"), which are outside of the responsibility of Hotel Mischun, a liability obligation would only come into effect if Hotel Mischun has knowledge of the contents and it would be technically possible and reasonable to prevent the use in case of illegal contents. Hotel Mischun hereby expressly declares that at the time of setting the link no illegal contents were recognizable on the linked pages. Hotel Mischun has no influence on the current and future design, the contents or the authorship of the linked pages. Therefore it dissociates itself hereby expressly from all contents of all linked pages, which were changed after the link setting. This statement is valid for all links and references set within the own internet offer as well as for external entries in guest books, discussion forums and mailing lists possibly established by Hotel Mischun. For illegal, incorrect or incomplete contents and especially for damages resulting from the use or non-use of such information, only the provider of the site to which reference was made is liable, not the one who merely refers to the respective publication via links.

 

COPYRIGHT AND TRADEMARK LAW

Hotel Mischun endeavours to observe the copyrights of the graphics, sound documents, video sequences and texts used in all publications, to use graphics, sound documents, video sequences and texts created by itself or to use licence-free graphics, sound documents, video sequences and texts. All brand names and trademarks mentioned within the Internet offer and, if applicable, protected by third parties are subject without restriction to the provisions of the respectively valid trademark law and the ownership rights of the respective registered owners. The mere mention of a trademark does not imply that it is not protected by the rights of third parties! The copyright for published objects created by Hotel Mischun itself remains solely with Hotel Mischun. Any duplication or use of objects such as diagrams, sounds or texts in other electronic or printed publications is not permitted without Hotel Mischun's agreement.

 

DATA PROTECTION

If the opportunity for the input of personal or business data (email addresses, name, addresses) is given, the input of these data takes place voluntarily.

 

DATA COLLECTION ON THIS WEBSITE

 

LOGFILES

Our website is hosted by Hostpoint AG:
Hostpoint AG
Neue Jonastrasse 60
8640 Rapperswil-Jona
Schweiz

 

In order to optimise and maintain our website, we log any technical errors that may occur when you visit our website. Furthermore, when you use this website, information is automatically collected that your device's browser transmits to our host provider. These are:

1. IP address and operating system of your end device
2. Browser type, version, language
3. Date and time of the server request
4. file called up
5. the website from which the access was made (referrer URL)
6. the status code (e.g. 404)
7. the transmission protocol used (e.g. HTTP/2)

This data is collected and stored by our host provider in order to optimise processes and procedures, in particular in connection with the use of our website and the security and stability of the computer system.

Further information can be found in Hostpoint AG's privacy policy at https://www.hostpoint.ch/hostpoint/kontakt-agb.html#datenschutz.
Insofar as the GDPR is applicable, the basis for this data processing is Art. 6 para. 1 lit. f GDPR.

 

COOKIES

We use cookies on our website. Cookies are small files that are stored on your end device and saved by your browser. Some of the cookies we use are automatically deleted when you leave our website. Other cookies remain stored on your device until you delete them or until they expire. These cookies make it possible to recognise your browser the next time you visit our website.

You can set your browser so that you are informed in advance about the setting of cookies and can decide in individual cases whether you want to exclude the acceptance of cookies for certain cases or in general, or that cookies are completely prevented. This may limit the functionality of the website. Cookies that are required for the electronic communication process or functions requested by you or that optimise your user experience are stored - insofar as the GDPR is applicable - on the basis of Art. 6 para. 1 lit. f GDPR.

 

LEGAL VALIDITY OF THIS DISCLAIMER

This disclaimer is to be regarded as part of the internet publication which you were referred from. If sections or individual terms of this statement are not legal or correct, the content or validity of the other parts remain uninfluenced by this fact.

 

GOOGLE ANALYTICS

This website uses Google Analytics, a web analysis service of Google Inc. ("Google"). Google Analytics uses "cookies", which are text files placed on your computer, to help the website analyze how users use the site. The information generated by the cookie about your use of this website (including your IP address) is transferred to a Google server in the USA and stored there. Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity for website operators and providing other services relating to website activity and internet usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google's behalf. Under no circumstances will Google link your IP address to other Google data. You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of this website. By using this website, you agree to the processing of the data collected about you by Google in the manner and for the purpose described above.

Contact	Hotel mischun Via Sogn Giacun 28 CH–7165 Brigels +41 81 544 51 11 willkommen@mischun.ch
Webdesign & Programming	Trimarca AG, Chur tipic, Savognin

General Terms and Conditions of the Accommodation Agreement Hotel Mischun AG

I. Scope of application

These General Terms and Conditions (hereinafter referred to as "GTC") apply to the provision of accommodation and related services provided by Hotel Mixture (hereinafter referred to as "Hotel") to customers. All offers of the hotel are based on these GTC, which form an integral part of the contract between the hotel and the customer. In the event of contradictions between these GTC and the contract with the customer, these GTC shall take precedence. Any general terms and conditions of business of the customer shall only apply if agreed in writing in advance between the parties.

II. Conclusion of contract

After the customer has made a reservation, he/she will receive a written confirmation from the hotel. This written confirmation from the hotel constitutes a contract with the customer. Bookings For all bookings not made via the Internet, the confirmation form sent by us must be signed and the credit card details provided as a guarantee. If these conditions are not met, the hotel may cancel the booking without notice.

III. Services, payments, prices and invoicing

1. The hotel must provide the services and services which the customer has ordered and which have been confirmed in writing by the hotel.

2. All prices are in Swiss Francs (CHF) and include the legal value added tax (VAT). If more than 4 months have passed between the conclusion and the fulfilment of the contract and the legal VAT has changed during this period, the prices will be adjusted accordingly. Exchange rate changes (will be converted by the hotel according to the daily exchange rate), clearly explainable misprints Prices and program are subject to change without notice.

3. VAT relief is only possible if the customer has registered his place of residence at the address of the hotel (proof required) and the lease is for a period of more than 3 months. In this case services must be taxed with 7.7% VAT. The customer is obliged to provide the necessary proof. Only after this proof has been provided can a VAT relief be granted.

4. In the event that the customer wishes to change the number of reserved hotel rooms or make use of additional hotel services or change the length of stay, this requires the written consent of the hotel, which may be made dependent on a price adjustment.

5. In case of no-shows or early departure 100% of the reserved or unpaid nights are due.

6. The customer undertakes to pay the agreed price or the price normally charged by the hotel for the hotel room and other services or goods. This also applies to goods and services (including ancillary services such as consumption, garage fees, etc.) which are used by the persons who are accommodated by guests, visitors, etc. on the basis of the contract with the customer and/or in connection with contractually agreed accommodation.

7. If and to the extent that no advance payment is required from the hotel, the full amount of the bill is due for payment at the latest upon departure, either by credit card (MasterCard, VISA), debit card (EC/Maestro) or in cash.

8. If the parties agree on payment by invoice, the entire amount is due for payment no later than 30 days after the invoice date. In the event of late payment, the Hotel shall be entitled to charge interest at a rate of 5% on the invoice amount. If the hotel has granted the customer a deferment of payment or any other form of credit and the customer fails to make payment within the set period or otherwise fails to meet the payment obligation, the hotel may immediately cancel the deferment of payment or the granting of credit and the entire amount owed shall become due for payment immediately.

9. The customer may only offset undisputed and definitive claims against those of the hotel or retain corresponding payments.

IV. Termination or cancellation of the contract by the customer

1. The customer may only terminate the contract with the hotel if this has been agreed in writing in the contract. If the customer does not exercise the right of termination within the contractually agreed period, the right of termination shall lapse upon expiry of the period and the contract shall remain in full force and effect with the consequence that the customer must pay the contractually agreed compensation even if he has not made use of the requested services and goods, namely the reserved hotel room(s).

2. Cancellations and rebookings General conditions Cancellations or rebookings are only valid if they are made in writing.

   • Up to 30 days before departure: processing fee of CHF 50.00 per person

   • 29 to 15 days before arrival: 20% of the arrangement price plus handling fee

   • 14 to 8 days before arrival: 40% of the arrangement price plus handling fee

   • 7 to 1 days before arrival: 80% of the arrangement price plus handling fee

   • On the day of arrival, no arrival or early departure: 100% of the package price

3. Booked "non-cancellable instalments" will not be refunded at any time.

V. Contract cancellation or termination by the hotel

1. Insofar as and to the extent that the customer has been granted a right of termination free of charge in writing in the contract, the hotel is entitled to terminate the contract within the exercise period of the customer's aforementioned right of termination if the hotel has received inquiries from third parties regarding the hotel room(s) booked by the customer and the customer, who has been informed and inquired about this by the hotel, waives the right of termination but does not do so.

2. If and to the extent advance payment has been agreed between the customer and the hotel and the customer himself does not pay within a reasonable grace period set by the hotel (with reference to the fact that payment will no longer be accepted after expiry of this grace period), the hotel may, at his discretion, dissolve the contract or claim damages for non-performance of the contract.

3. In addition, the hotel is entitled to terminate the contract for good cause, namely in the following cases:

   • Existence of force majeure or other circumstances for which the hotel is not responsible and which make it impossible or unduly difficult for the hotel to fulfil the contract;

   • When booking a room, the customer makes misleading or false statements regarding material facts, namely his person or the purpose of the hotel booking;

   • The hotel has good reason to believe that the customer's use of the hotel's services or goods could impair the smooth operation, security or public reputation of the hotel, in areas that the hotel cannot control or organize;

4. The customer is not entitled to compensation in the event of a justified termination of the contract by the hotel.

5. In the event that the reserved hotel rooms cannot be made available unexpectedly, the hotel will arrange for accommodation in a hotel of similar category and comparable quality. In addition, the hotel will bear the following costs incurred in this connection:

   • Transport from hotel to hotel of similar category;

   • Higher room price difference of hotel of similar category.

   The hotel will not cover any costs other than those just mentioned.

6. If the hotel is entitled to demand compensation from the customer due to termination of contract pursuant to Sections V. 2) and 3), the hotel is entitled to claim lump-sum compensation

VI. Provision, handover and return of hotel rooms

1. Unless otherwise agreed in writing in individual cases, the customer does not acquire the right to be granted a specific room within a room category.

2. Reserved hotel rooms can be occupied by the customer on the agreed day of arrival from 3.30 p.m..

3. The hotel rooms must be vacated by the customer on the agreed day of departure by 10 a.m. at the latest. After this time, the hotel can claim the following surcharges for loss of use: Until 6 pm: 50% of the current daily rate; after 6 pm: normal daily rate.

VII. Defects, liability, limitations of action

1. The customer is liable for all damage, loss or other disadvantages caused by him, his employees, agents or event participants or other third parties using the hotel room. The hotel declines all liability for theft and damage to the property caused by the customer, his employees, agents, event participants or third parties using the hotel room. Any claims for compensation in favor of the customer are excluded, with the exception of damage to life, limb and health due to a breach of duty on the part of the hotel or other losses caused by the hotel's intentional or grossly negligent conduct, as well as losses caused by the intentional or grossly negligent breach of duties that typically apply to the hotel for this type of contract. The customer is responsible for the insurance of exhibition or other items that are placed in the hotel room by the customer, its employees, agents, event participants or third parties. Any breach of duty by representatives or vicarious agents of the hotel is equated with a breach of duty by the hotel. In the event of defects or deficiencies in the hotel's services, the hotel shall endeavor to remedy the defect or deficiency as soon as possible after its discovery or on the basis of a complaint by the customer, which must be made immediately. The customer undertakes to take all reasonable steps to remedy the defect and to keep any damages as low as possible. Apart from this, the customer shall inform the hotel immediately of any unusually large damage. The Hotel offers wake-up calls with the necessary care.

2. All claims against the hotel expire in principle one year from the time the customer becomes aware of the circumstances that could lead to claims. Claims for damages expire after five years, irrespective of the time at which the customer becomes aware of the circumstances that could lead to claims. These contractual limitations do not apply to claims based on intentional or grossly negligent breach of duty by the hotel.

3. The hotel can demand appropriate proof of insurance from the customer at any time.

4. The customer must respect public order. The Customer undertakes to indemnify the Hotel for all claims under private or public law of public authorities or third parties (including event participants, guests or employees) arising from events organized by the Customer and to pay for such claims in full.

5. The hotel is only liable for deliberate or grossly negligent contractual or non-contractual damages, and only for direct damages. Any further liability of the hotel, in particular in case of slight negligence, is expressly excluded.

6. The hotel has permission from the customer to enter the rented accommodation without his presence for cleaning, postal service, technical maintenance, repair of defects, etc. The entry is not considered as trespass according to art. 186 StGB (swiss law).

7. The hotel is entitled to charge overdue invoices, damages and missing furnishings in connection with this contract to the credit card indicated at the time of booking.

8. No structural changes may be made in the rented accommodation. In particular, it is forbidden to fix anything to the ceiling.

9. The customer is not permitted to sublet the rented accommodation to third parties or to give it to third parties. Furthermore, it is not permitted to carry on any form of business in the rented accommodation.

10. The hotel assumes no liability for damages that may result from the use of the Internet (e.g. spam, viruses or even connection failures). The guest is obliged to protect his or her own equipment against malware in order to prevent spam or viruses from being sent via the hotel's network. The Hotel reserves the right to exclude users from Internet access. The Hotel is further obliged to store certain activities. Further provisions regarding the use of the Internet are provided with the login data.

11. The personal mail is distributed to the customers by the reception. The hotel is not liable for missing mail.

12. For health emergencies or threats, the police or the emergency number of the doctors must be contacted. Housekeeping emergencies must be reported at the reception desk. Repairs are carried out from Monday to Friday 8 a.m. to 18 p.m. depending on the urgency.

VIII. Revocation of the contract by the hotel

1. If, due to force majeure or circumstances beyond the hotel's control, a contractually owed service by the hotel is wholly or partially impossible or can only be provided under more difficult conditions, the hotel may revoke the contract wholly or partially without compensation to the extent that the services have not yet been provided.

2. The Hotel is also entitled to revoke the contract without compensation if it has good reason to believe that the Guest's conduct could jeopardize the smooth operation, safety or public reputation of the Hotel. The hotel expressly reserves the right to sue the customer for damages.

IX. Applicable law and place of jurisdiction; severability clause

1. All contracts between the hotel and customers are subject to Swiss substantive law (excluding the provisions of international private law). The ordinary courts of the Canton of Graubünden shall have exclusive jurisdiction for all disputes between the hotel and the customer arising from these contracts.

2. Should one or more provisions be inadmissible, the remaining contractual provisions shall remain unaffected. In this case, the invalid provision shall be replaced by a provision which comes closest to the purpose of the invalid provision and the entire contract.

These general terms and conditions may be subject to future changes.

For legal questions the German text applies.

Brigels, March 2018