GENERAL TERMS AND CONDITIONS (CONTRACTS & SERVICE AGREEMENTS) – HEREINAFTER REFERRED TO AS GTC
1. These terms and conditions apply to the temporary and paid provision of all OYM services as well as to the provision of accommodation or event rooms for all services and deliveries provided in this context, including any advance payments for the benefit of the guest.
2. Any terms and conditions of the guest do not apply, unless otherwise agreed in writing beforehand. This also applies to the cancellation of the written form requirement. Guests within the meaning of these terms and conditions are both the end consumer and the commercial entrepreneur.
1. The contracting parties are OYM AG (hereinafter referred to as "OYM") and the athlete(s) or the accommodation and event organizer - hereinafter referred to as "guest".
1. The contractual relationship is formed when the contract is mutually signed by OYM and the guest. Changes or cancellations can only be made within the framework of these General Terms and Conditions.
2. If a third party has acted on behalf of the guest, the guest is jointly and severally liable to OYM for all obligations arising from or in connection with the provision of services.
1. Prices for services and other accommodation options at OYM are stated exclusively in Swiss francs (CHF) and include statutory VAT under Swiss law.
1. The use of the accommodation or event rooms and the use of the items, equipment and facilities provided may only be for the intended purpose. The OYM rejects any liability for damage and physical injury due to the misuse of items, equipment and facilities provided.
2. Damage caused intentionally or negligently by the guest may be invoiced by OYM.
3. Smoking is not permitted in any OYM premises. In the event of a violation, the guest may be charged additional costs (increased cleaning costs, loss of income, etc.).
1. Cancellations must reach us at least 4 weeks before the start of the contract.
2. Cancellation fees will be charged for any cancellation after the above-mentioned deadline.
The following cancellation fees apply:
Cancellation up to 4 weeks before the start of the contract: 0% of the fees
Cancellation up to 2 weeks before the start of the contract: 50% of the fees
Cancellation up to 1 week before the start of the contract: 75% of the fees
Cancellation within 1 week before the start of the contract: 100% of the fees
1. OYM is entitled to withdraw from the contract with immediate effect if the initiation, continuation or complete fulfillment of the contractual relationship is not or no longer reasonable. This applies in particular if:
- force majeure/other circumstances beyond the control of OYM make the fulfillment of the contract unreasonable,
- event rooms were booked with misleading or false information about essential facts (e.g. the person of the service recipient or the purpose),
- OYM has reasonable grounds to believe that the use of the service could endanger the smooth running of the business, the safety or the reputation of the other guests and/or the OYM, without this being attributable to the OYM's sphere of control or organization.
2. In the cases mentioned, OYM is entitled to immediately withdraw from the contract and the service recipient has no claim to compensation. Any advance payments or payment guarantees made by the guest are or are due to OYM in accordance with the provisions set out in point 8.
1. The OYM is only liable to the guest for damage caused to the latter intentionally or through gross negligence, which occurred as a direct result of non-fulfillment or significant poor fulfillment of the contractual obligations assumed by the OYM. The amount of compensation is in any case limited to a maximum of the stay compensation booked by the guest or actually paid at the end of the stay (excluding VAT).
2. If disruptions or defects occur in the services of the OYM, OYM will endeavor to remedy the situation upon knowledge of them or upon immediate complaint by the guest. The guest is obliged to do everything reasonable to remedy the disruption and keep any possible damage as low as possible, and to report all disruptions or damage to the OYM immediately.
3. In the event of loss or damage to items brought in, OYM is also only liable for intent and gross negligence. Insofar as the hotel is legally liable for third parties, it is also only liable if the third party is grossly negligent; the OYM's liability is excluded if the third party caused the damage intentionally.
4. The OYM's liability is expressly limited, in particular for third-party and reflexive damage, to the amount of the OYM liability insurance. Any liability beyond this is expressly excluded. The OYM is not liable for damages that arise as a result of force majeure.
5. Any liability claims shall be forfeited without compensation if the guest does not report the loss, destruction or damage to the OYM in writing immediately after becoming aware of it.
6. The OYM is not liable for the loss or damage of the guest's parked or maneuvered vehicles and their contents on the OYM property, unless there is intent or gross negligence.
7. Messages, mail and shipments of goods for the guest are handled with care. The OYM will take care of delivery or storage on request. Claims for damages that are not based on gross negligence or intent, as well as third-party or reflexive damage, are excluded.
All cancellations must be in writing. The entire booking must be cancelled 4 weeks before the start of the event. Later cancellations will be charged as follows:
Cancellation up to 4 weeks before the start of the contract: 0% of the fees
Cancellation up to 2 weeks before the start of the contract: 75% of the fees
Cancellation within 2 weeks before the start of the contract: 100% of the fees
Advertising in printed and digital form as well as any type of advertising in the broader sense - also in parts or in revised form - with reference to events in the OYM are only permitted with the prior express written consent of the OYM. The OYM reserves the right to grant the organizer - against payment of a fee - a time-limited, non-exclusive license for the use of the brands and/or logos to which it is entitled. However, the customer has no right to be granted the license rights.
1. Unilateral changes or additions to these terms and conditions by the guest are invalid, even in written form.
2. The place of performance and payment is Cham (ZG).
3. Should individual provisions of these terms and conditions be invalid or void for the entire provision of services or for the temporary, paid-for use of rooms for accommodation or as an event location, this shall not affect the validity of the remaining provisions. In this case, the parties undertake to immediately replace the invalid provision with a permissible, valid provision that, in terms of its content, comes closest to the original intention in economic terms.
4. The contractual relationship between the guest and OYM AG is subject exclusively to Swiss substantive law.
5. Zug is the exclusive place of jurisdiction for all claims arising from or in connection with the service contract between the parties mentioned above. The contractually agreed place of jurisdiction also applies to any pre-trial interim measures.
6. Guests living abroad, or guests without a permanent residence or with an unknown residence, hereby declare that they wish to be subject to compulsory enforcement in Switzerland in accordance with Art. 50 Para. 2 SchKG, and choose Zug in favor of OYM AG and as a special domicile for the fulfillment of all liabilities arising from or in connection with this service contract.
7. Guests living abroad, as well as guests without a permanent residence or with an unknown residence, agree that any court and/or enforcement documents intended for them by the Zug court or enforcement authorities, including orders and decisions, can be delivered to the OYM address with legally binding effect.
8. As operators of a SafeNow Zone, we use personal data to be able to provide assistance from our security personnel if an alarm is triggered via the SafeNow app. To find out more about the processing of your personal data when using the app and when an alarm is triggered, please refer to the data protection declaration of SafeNow GmbH.