General Terms and Conditions

1. General

These General Terms and Conditions (“GTC”) govern the legal relationship between the guest/customer/organizer (hereinafter “Guest”) and Witschi Familia AG as operator of Hotel Sonne Fex (hereinafter “Hotel”).

For simplicity, these GTC refer to a “contract” throughout, regardless of the specific service concerned.

Only the Hotel’s terms and conditions valid exclusively at the time the contract is concluded shall apply. The Guest’s general terms and conditions shall apply only if this has been expressly agreed in writing prior to signing the contract.

Should individual provisions of these GTC be invalid or ineffective, this shall not affect the validity of the contract or the remaining GTC provisions. In all other respects, the statutory provisions shall apply.

2. Place of Jurisdiction / Applicable Law

For any disputes arising from this contract, the District Court of Maloja, Canton of Graubünden, shall have jurisdiction, unless another mandatory statutory place of jurisdiction applies.

Swiss law shall apply exclusively to all contractual, reservation-related, any supplementary agreements and general terms. The place of performance and payment is the registered seat of the Hotel.

3. Definitions

Groups: Groups within the meaning of these GTC are travel groups with a minimum of 5 booked rooms.

Written confirmations: Email messages are also considered written confirmations.

Contracting parties are the Guest and the Hotel.

4. Subject Matter of the Contract / Scope of Application

The contract for the rental of rooms, seminar rooms, spaces and the provision of other deliveries and services is concluded upon written confirmation by the Guest or by conclusive conduct.

A reservation made on the day of arrival itself becomes binding at the moment of its acceptance by the Hotel.

Contract amendments shall only become binding for the Hotel upon written re-confirmation. Unilateral amendments or additions to the contract by the Guest are invalid.

Subletting or further letting of the rooms provided, as well as their use for purposes other than accommodation, is not permitted.

5. Scope of Services

The scope of services under the contract is determined by the individual reservation made and confirmed by the Guest.

Subject to other contractual agreements, the Guest has no right to a specific room.

Should no rooms be available at the Hotel despite a confirmed reservation, the Hotel must inform the Guest in good time and offer an equivalent replacement at a nearby hotel of comparable or higher category.

Any additional costs for the replacement accommodation shall be borne by the Hotel. If the Guest declines the replacement room, the Hotel must promptly refund any services already rendered by the Guest (e.g. deposits). The Guest shall have no further claims.

6. Duration of Use

Unless otherwise agreed, the Guest is entitled to use the rented rooms from 3:00 p.m. on the agreed arrival day until 10:30 a.m. on the departure day.

In case of arrival after 8:00 p.m., the Hotel must be notified by telephone or in writing of the later arrival by no later than 12:00 p.m. on the day of arrival; otherwise the Hotel may dispose of the room freely.

Occupying a room counts as a full overnight stay, regardless of the time of night at which check-in occurs.

In the event of a delayed release of the room by the Guest, the Hotel may charge the full room rate (list price) for use exceeding the contract term. This does not establish any contractual claim by the Guest to continued ordinary use of the premises; the assertion of damages remains reserved.

In the event of delayed departure from the room, the Hotel reserves the right to remove the Guest’s belongings from the room and store them at a suitable location within the Hotel at the Guest’s expense.

7. Options

Option dates are binding for both parties. Once the option period has expired unused, the Hotel may dispose of the optioned rooms/spaces or services without further notice.

The confirmation must be received by Hotel Sonne Fex no later than the last day of the option period.

8. Prices / Payment Obligation

Prices communicated by the Hotel are in Swiss Francs (CHF) and include statutory VAT, any applicable tourist tax and other charges.

The Guest is obliged to pay the agreed or applicable Hotel prices for the room provided and for any additional services used. This also applies to orders placed by the Guest’s companions and visitors.

Any increase in statutory charges after conclusion of the contract shall be borne by the Guest. Prices quoted in foreign currencies are indicative and will be charged at the applicable daily exchange rate. The prices confirmed by the Hotel shall be valid in each case.

The Hotel may change prices if the Guest subsequently causes changes to the number of booked rooms, the Hotel’s services, or the length of the Guests’ stay.

Depending on the agreement, the Hotel may require a deposit. The deposit is to be considered a partial payment toward the agreed fee.

Instead of a deposit, the Hotel may also require a credit card guarantee.

Unless otherwise agreed, an advance payment must be transferred no later than 4 weeks before arrival. If the reservation is made at shorter notice, the Hotel requires a credit card guarantee for the full booking amount.

In the event of failure to make the deposit or provide the credit card guarantee in due time, the Hotel may withdraw from the contract (including all promised services) immediately (without a reminder) and demand the cancellation fees set out under item 10 of these GTC.

The Hotel is entitled to issue a final or interim invoice for its services to the Guest at any time.

The final invoice comprises the agreed price plus any additional amounts arising from additional services provided by the Hotel to the Guest and/or accompanying persons. Unless otherwise agreed, the final invoice is payable in Swiss Francs, in cash or by accepted credit card, no later than at check-out on the day of departure.

The Hotel may charge a reminder fee of CHF 30.– for each reminder.

The right of set-off against claims of the Hotel is excluded.

9. Withdrawal by the Hotel

Up to and including 10 days before the agreed arrival date of the Guest, the Hotel may withdraw from the contract without cost consequences.

Furthermore, the Hotel is entitled to withdraw from the contract extraordinarily and with immediate effect at any time for objectively justified reasons, by immediate, unilateral, written declaration:

Objectively justified reasons include, for example:

• an agreed advance payment or security deposit is not made within the period set by the Hotel;
• force majeure or other circumstances beyond the Hotel’s control that make performance of the contract objectively impossible;
• rooms or spaces that were booked or used based on misleading or false information, e.g. regarding the identity of the Guest or the intended purpose of use or stay;
• the Hotel has reasonable grounds to believe that use of the agreed services could jeopardize the smooth operation of the business, the safety of other hotel guests, or the Hotel’s reputation;
• the Guest has become insolvent (bankruptcy or unsuccessful debt collection) or has ceased payments;
• the purpose or occasion of the stay is unlawful.

In the event of withdrawal by the Hotel for the above reasons, the Guest shall have no claim for damages, and compensation for the booked services generally remains owed.

10. Cancellation of the Reservation / Cancellation Fees

Cancellation

Cancellation of a reservation requires the written consent of the Hotel. If this is not given, the agreed price must be paid even if the Guest does not make use of the contractual services. In the event of a Guest’s non-appearance (“no-show”), 100% of the booked services will be charged.

The decisive factor for calculating the cancellation fee is the date on which the written cancellation by the Guest is received by the Hotel. This applies both to letters and to email messages.

If the Guest withdraws from the contract without an approved cancellation, or if changes or cancellations are made to specific reserved services, the Hotel may charge the following cancellation fees.

Cancellation fees:

Individual reservations

• Up to 7 days before the agreed arrival date, the Guest may withdraw from the contract without cost consequences.
• Written cancellation of the stay 7 to 0 days before the confirmed arrival date: 100% according to the reservation confirmation.

Group reservations

• Group rates apply only upon prior agreement and written confirmation by the Hotel. For a group with fewer than 5 rooms, individual traveler rates apply. Name lists must be submitted in a timely manner as specified by the Hotel. Depending on the agreement, a fee for porterage may be charged. After departure, a total invoice is issued to the tour operator. The final number of participants in the group (including the name list) must be communicated to the Hotel in a timely manner in accordance with the contract/confirmation. If the group is smaller than originally registered, the missing persons will be charged at 100% of the booked services. Additional persons will be counted and billed – subject to availability – as individual travelers or at the group rate. In the event of partial or full cancellation of a group reservation, the cancellation fees set out under item 10 apply.

For organizers of our retreats, individually agreed reservation and cancellation terms apply.

Mitigation of damages

For both cancelled individual and group reservations, the Hotel endeavors to re-let the unused services. If the Hotel is able to provide the cancelled services to third parties within the agreed period, the Guest’s cancellation fee is reduced by the amount paid by such third parties for the cancelled service.

11. Prevented Arrival

If the Guest is unable to arrive, or unable to arrive on time, due to force majeure (flooding, avalanche, landslide, etc.), the Guest is not obliged to pay the agreed fee for the missed days.

The Guest must prove that arrival was impossible.

The obligation to pay for the booked stay resumes, however, from the moment arrival again becomes possible.

12. Early Departure

If the Guest departs early, the Hotel is entitled to invoice the full booked services at 100%.

In the event of early departure, the Hotel endeavors to re-let the unused services. If the Hotel is able to provide the unused services to third parties within the agreed period, the Guest’s invoice amount is reduced by the amount paid by such third parties for the cancelled service.

13. Stay / Keys / Security / Internet / Smoking

The hotel room is reserved exclusively for the registered Guest. Handing over the room to a third party or use by an additional person requires the (written) consent of the Hotel.

By concluding a contract, the Guest acquires the right to the customary use of the rented rooms and Hotel facilities by all booked persons, insofar as these are usually accessible to guests without special conditions, and to customary service. The Guest must exercise their rights in accordance with any hotel and/or guest guidelines (house rules).

The room key issued by the Hotel remains the property of the Hotel and provides 24-hour access to the Hotel. Loss of the key must be reported to reception immediately. Damage to or loss of the key will be charged to the Guest.

To access the internet, the Guest must obtain personal login details from reception. This service is free of charge for all guests.

The Guest is responsible for the use of their login details and is liable for misuse and illegal conduct in connection with internet use.

Smoking is not permitted anywhere in the Hotel.

This also includes smoke-like methods such as vaping or similar. The following costs may be incurred and charged:

• Additional cleaning/ionization fee, flat rate CHF 200.00
• Loss of revenue (e.g. if the room must be temporarily closed), according to applicable rates/costs
• Fire brigade call-outs (triggering of the fire alarm system), according to invoice

14. Extension of Stay

Subject to other agreements, the Guest has no right to have their stay extended.

If the Guest is unable to leave the Hotel on the day of departure because all departure options are blocked or unusable due to unforeseeable extraordinary circumstances / force majeure (e.g. extreme snowfall, flooding, etc.), the contract is automatically extended under the previous conditions for the duration of the impossibility of departure.

15. Events

An event may include room rental, catering, technical facilities, accommodation and other services. For this purpose, a separate contract will be drawn up with the Guest/organizer and signed by both parties.

16. Food and Beverages

All food and beverages must be obtained exclusively from the Hotel.

In special cases (specialties, etc.), a separate written agreement may be made in this regard. In such a case, the Hotel is entitled to charge a service fee or corkage fee (see separate schedule).

17. Conduct, Use and Liability

a) Hotel
The Hotel excludes liability toward the Guest, to the extent permitted by law, for slight and moderate negligence, and is liable only for intentionally or grossly negligently caused damage.

Should disruptions or defects occur in the Hotel’s services, the Hotel will endeavor to remedy them upon immediate notification by the Guest. If the Guest fails to notify the Hotel of a defect in due time, there is no claim to a reduction of the contractually agreed fee.

The Hotel is not liable for negligence on the part of the Guest. If valuables (jewelry, etc.), cash or securities are not handed over to the Hotel for safekeeping, the Hotel’s liability is excluded to the extent permitted by law. The Hotel recommends that money and valuables generally be kept in the safe. If any damage is not reported to the Hotel immediately upon discovery, the Guest’s claims shall lapse.

The Hotel is not liable, under any legal title, for services it has merely arranged for the Guest.

The Hotel disclaims all liability for theft of, or damage to, material brought in by third parties.

b) Guest
The Guest is liable to the Hotel for all damage and losses caused by the Guest, their companions, or their auxiliary persons or event participants, without the Hotel having to prove fault on the part of the Guest.

The Guest is responsible for the correct use and proper return of all technical aids/facilities made available by the Hotel, or procured through third parties on its behalf, and is liable for any damage or loss.

The Guest is liable for services and expenses incurred by the Hotel on the Guest’s behalf toward third parties.

c) Third Party
If a third party makes the booking on behalf of the Guest, that party is jointly and severally liable to the Hotel with the Guest, as orderer, for all obligations arising from the contract. Independently of this, each party placing the booking is obliged to forward all booking-relevant information, in particular these General Terms and Conditions, to the Guest.

18. Illness or Death of the Guest

If a Guest falls ill during their stay at the Hotel, the Hotel will notify a doctor at the Guest’s request. If the Guest is no longer capable of acting and the Hotel is aware of the illness, notification will be arranged by the Hotel.

Medical care is provided in all cases at the Guest’s expense.

The contract with the Hotel ends upon the death of the Guest.

19. Pets

Pets may only be brought into the Hotel with the Hotel’s prior consent and against a special fee.

A Guest who brings a pet into the Hotel is obliged to properly keep and supervise the pet during their stay, or to arrange, at their own expense, for suitable third parties to keep or supervise it.

The Guest must have appropriate pet liability insurance for their pet. Proof of such insurance must be presented to the Hotel upon request.

Well-behaved pets are allowed in the restaurants (Saal, Veranda, Arvenstube and Stüva Jenatsch), provided they do not disturb restaurant operations or make other guests feel threatened.

20. Lost Property

Lost property will be forwarded where ownership is clear and the residential/business address is known, or kept upon request until the Guest’s next stay. The Guest bears the costs and risk of forwarding.

21. Other Provisions

If the Guest wishes for services that are not provided by the Hotel itself, the Hotel acts merely as an intermediary.

The statutory limitation periods apply. Insofar as these may be modified, an absolute limitation period of 6 months after departure applies to the Guest’s claims for damages.

Advertisements in media (such as newspapers, radio, television, internet) referencing events at the Hotel, with or without use of the unaltered company logo, require the Hotel’s prior written consent.

Fex, 24 August 2026