1. Scope of application
DThese General Terms and Conditions of Business (GTCB) apply to all bookings made at the “@Paradise” restaurant and to all services provided in this connection. Possible terms and conditions of business of the person placing the order/client (referred to below as the “guest”) shall not apply.
2. Conclusion of the contract
The contracting parties are Vrony Paradise Zermatt AG (referred to below as “Vrony Paradise”) and the guest. If a third party has acted on behalf of the guest, the guest has joint and several liability with that third party for all obligations arising out of, or in connection with, the booking or the guest’s stay at the Vrony Paradise restaurant.
The contract is closed when the request for a booking is accepted by Vrony Paradise. If Vrony Paradise makes a binding offer to the guest, the contract is closed when the guest accepts the offered table. In both cases, Vrony Paradise is at liberty to confirm the booking in writing without that being a necessary requirement for conclusion of the contract. Changes to the content of the contract are binding only when they have been confirmed in writing by Vrony Paradise.
3. Services
Vrony Paradise undertakes to make the table booked by the guest available and to provide the services agreed with the guest. The booked table shall only be available to the guest for the period of time agreed in each case. Vrony Paradise is entitled to determine the maximum number of persons for safety reasons. The maximum capacity of the room stipulated by the fire brigade must not be exceeded.
The booked table may only be made available to guests other than those designated in the booking with the prior consent of Vrony Paradise. That consent may be declined without stating reasons and without the guest being released from his payment obligations as a result.
The guest undertakes to pay the currently valid or agreed remuneration to Vrony Paradise for the services used by him. This likewise applies to services and disbursements made by Vrony Paradise for third parties but occasioned by the guest. All prices are quoted in Swiss francs (CHF). Vrony Paradise accepts payments in cash, Maestro and Postcard as well as VISA and Master Card credit cards. Vrony Paradise is entitled to change the menu and beverage prices at any time without prior announcement.
4. Cancellation of the table booking and number of participants
A table booking at Vrony Paradise can be cancelled free of charge up to 09:00 on the day of the visit by sending an email to hello@paradisezermatt.ch. Thereafter, a cancellation charge of CHF 50.- (including VAT) will be billed for each guest. The same applies in case of no show.
The number of persons originally notified can be reduced free of charge until 09:00 on the day of the visit by sending an email to hello@paradisezermatt.ch. Thereafter, Vrony Paradise may charge a fee of CHF 50.- (including VAT) per person deleted from the booking.
5. Liability
Vrony Paradise is liable only for damage caused by deliberate intent or gross negligence, as a direct consequence of failure to perform or substantial non-performance of the contractual obligations accepted by Vrony Paradise. In so far as Vrony Paradise has legal obligations for third parties, Vrony Paradise is liable only to the extent that gross negligence of that third party has occurred. Liability of Vrony Paradise is excluded if the third party caused the damage deliberately.
Guests are responsible for looking after persons or objects brought with them during the visit to Vrony Paradise. To the extent that this is permitted by law, Vrony Paradise declines all liability for loss, destruction or damage of or to objects brought by persons or for other damage that has occurred. In particular, Vrony Paradise accepts no liability for the guests’ valuables and cash.
Potential claims of the guest for liability are time-barred in full unless the guest reports the damage to Vrony Paradise in writing immediately after becoming aware of such damage.
The guest is liable for all damage to the building or inventory of Vrony Paradise caused by the guest or by third parties under his responsibility.
6. Cancellation by Vrony Paradise
Vrony Paradise is entitled to withdraw from the contract with immediate effect if the acceptance, continuation or performance of the contractual relationship is no longer reasonable for Vrony Paradise, in particular if force majeure or other circumstances for which Vrony Paradise is not responsible make performance of the contract unreasonable, if the booking was made on the basis of misleading statements or misrepresentation of important facts (e.g. concerning the person of the guest) or if there is justified reason to suppose that performance of the contract might endanger the smooth course of business, security or reputation of the other guests or of Vrony Paradise. In such cases, Vrony Paradise is entitled to withdraw immediately from the contract without generating a claim to compensation on the part of the guest.
7. Final provisions
Unilateral changes or additions made to these GTCB by the guest are invalid.
Should individual provisions of these GTCB be either invalid or null and void, that fact shall not affect the validity of the remaining provisions. If a provision is null and void or invalid, it shall be replaced by another which is as close as possible to the economic purpose of the invalid provision and is effective. A similar procedure shall be followed if a gap is found to exist in these provisions.
The contractual relationship between the guest and Vrony Paradise shall be governed solely by Swiss substantive law (to the exclusion of the provisions of conflict-of-law rules). The sole place of jurisdiction is Zermatt.