AGB

General Terms and Conditions

Fundamentals

These General Terms and Conditions (GTC) govern the legal relationship between the guest/customer/organizer, hereinafter referred to as guest, and Berghotel Oeschinensee AG as operator of the Restaurant Oeschinensee (Berghotel Oeschinensee), the Cafébar (Berghotel Oeschinensee), the Restaurant Bergstübli (mountain station) and the transport company Elektro Shuttle, hereinafter referred to as BHO-AG.

Subject matter of the contract

This contract is concluded by timely acceptance (by e-mail or post) or by online order in the online store. Amendments to the content of the written confirmation shall only become binding for BHO-AG upon (written) reconfirmation. Verbal agreements or changes are not valid. Option dates are binding for both parties. BHO-AG is entitled to dispose of the reserved event premises elsewhere without further ado after the option dates have expired.

Scope of services

The scope of the contract is determined by the guest's individual reservation. Subject to other contractual agreements, the guest is not entitled to a specific table or room.

Terms of payment

Payment for the services purchased is made at the time of ordering and at the latest at the time of consumption. Payment can be made in all nationally recognized digital payment methods or in cash. BHO-AG does not send invoices, neither in Switzerland nor abroad.

Any increase in statutory charges after conclusion of the contract shall be borne by the guest. All published prices may be adjusted at any time without notice to the guest. The prices confirmed by the restaurant are valid.

Number of participants

The guest undertakes to inform the restaurant of the binding number of participants for an event no later than 5 days before the date of the event. If the actual number of participants is lower than the confirmed number of participants, this can be adjusted slightly (+/- 10% of the registered number) up to and including 09.30 on the day of arrival.

Pre-order

Pre-ordering is possible on the day of arrival until 09.30 a.m. via online ordering. Later orders can only be considered by prior arrangement.

Cancellation

Cancellation

If the event is canceled for reasons attributable to the client, the client undertakes to reimburse the following costs, unless other cancellation conditions have been stipulated in the contract:

  • Cancellation more than 14 days before the appointment: no cancellation costs
  • Cancellation less than 14 days before the date: 20 % of the menu costs (food only)
  • Cancellation 24 hours before the date of arrival: 100 % of the menu costs (food only)

Cancellation conditions can be adjusted by arrangement.

Withdrawal by the restaurant

The restaurant may withdraw from the contract unilaterally (in writing) up to 5 days before the agreed date of the event without incurring any costs. Furthermore, the restaurant is entitled to withdraw from the contract extraordinarily for objectively justified reasons by means of a unilateral (written) declaration:

Objectively justified reasons include, for example:

  • Force majeure / natural hazard (e.g. avalanches, debris flow, etc.);
  • Events that were booked using misleading or false information;
  • if the reputation of the restaurant could be damaged (e.g. radical group);
  • the purpose or reason for the stay is unlawful.

In the event of justified withdrawal, the guest shall not be entitled to compensation.

Food and drinks

All food and drinks are to be purchased exclusively from the restaurant. In special cases, a different written agreement can be made: Plate charge +/- CHF 10 / plate, tap charge +/- CHF 30 / 7.5 dl bottle.

Liability and losses for damages

The client shall be liable to BHO-AG for losses and damage to fixed and mobile inventory caused by its event participants.

Place of jurisdiction / Applicable law

Swiss law shall apply exclusively to all contracts, reservation agreements, any supplementary agreements and general terms and conditions.

The place of performance and payment is the registered office of BHO-AG. Subject to mandatory statutory jurisdiction, Thun shall be the exclusive place of jurisdiction.

Berghotel Oeschinensee AG / Status 1.1.2025