General Terms and Conditions (GTC)

1. Scope

The following General Terms and Conditions (hereinafter referred to as 'GTC') apply to all business relationships between hotel boost AG (hereinafter referred to as 'hotel boost AG', 'we' or 'contractor') and the customer (hereinafter referred to as 'customer', 'you' or 'client') for services (hereinafter referred to as 'services') offered on our website [www.hotelboost.ch] (hereinafter referred to as 'website') or specifically agreed with the customer.

The website is operated by:

Hotel Boost AG

Rigiweg 11, 6343 Holzhäusern

CHE-269.212.613

info@hotelboost.ch

Individual agreements concluded with the customer take precedence over these GTC. Conflicting conditions of the customer will not be recognised.

hotel boost AG reserves the right to change these GTC at any time. All changes will take effect upon the publication of the new GTC on the website. These General Terms and Conditions (GTC) become part of the contract as soon as the customer accepts an offer from hotel boost AG in writing or electronically.

By accepting the offer, the customer confirms that they have taken note of, understood, and accepted these GTC.

At the latest, upon payment of an invoice issued with reference to these terms and conditions, and where the terms and conditions are attached or made accessible, the terms and conditions shall also be deemed accepted and binding. These terms and conditions also apply to all future business relationships, even if there is no further explicit reference to them in later contracts.

2. Offered Services

We primarily provide services in the following areas:

Consulting and support for the hotel and catering industry

hotel boost AG reserves the right to change the services at any time.

3. Acceptance of the Offer/Contract Conclusion

Our written offers are valid for 10 days from the date of issue, unless a different validity period is specified in the offer. By accepting the offer, the client accepts the services listed in the offer under the conditions set out in these terms and conditions. We provide our services at the prices directly communicated to the clients.

A binding contract is formed with the online signature and confirmation of the order execution and/or with the commencement of service provision by hotel boost AG.

4. Contractual Obligations of hotel boost AG

hotel boost AG is obliged to perform the service carefully, diligently, and faithfully. No economic and/or financial success is expressly owed.

In particular, there is no guarantee regarding revenue, occupancy, average daily rate (ADR), or revenue per available room (RevPAR). hotel boost AG provides its services to the best of its knowledge and practical abilities.

hotel boost AG is obliged to employ staff and to continuously supervise and monitor them during the execution of the order. hotel boost AG strives to ensure that a customer is mainly looked after by the same person, but cannot guarantee this.

hotel boost AG is authorised to take all actions necessary for the proper execution of the order. It will regularly inform the customer about the status of the services or provide information upon request.

5. Customer's Obligations to Cooperate

hotel boost AG provides its services based on the information provided by the customer. The customer is obliged to support hotel boost AG to the best of their ability and to provide all necessary information and documents for the proper execution of the order in a timely and accurate manner. The customer is solely responsible for the factual accuracy and completeness of this information.

At the request of hotel boost AG, the customer must confirm in writing the accuracy and completeness of the documents submitted by them as well as their information and oral statements.

If the customer fails to fulfil their obligations to cooperate, they bear the consequences of such a breach of duty. In particular, they must compensate hotel boost AG for any additional expenses incurred.

Access Rights

By signing the offer, the customer grants Hotel Boost AG permission to access all necessary systems required for the provision of the agreed services. This permission includes, among other things, Property Management Systems (PMS), Channel Managers, booking platforms, and other relevant tools or systems. The customer is responsible for providing Hotel Boost AG with the necessary access data and permissions to carry out the services properly.

Usage Agreement for Customer Logo

The customer grants Hotel Boost AG the non-exclusive right to use the customer's company logo on the Hotel Boost AG corporate website as well as in other marketing materials to publicly represent the collaboration. This use is solely for reference purposes and may be revoked by the customer at any time.

6. Appointments

Any appointments for the execution of the agreed services will be arranged with the customer.

Appointment arrangements can be made through our online reservation system, by phone, or by email. The contract for the provision of services comes into effect with our appointment confirmation. Hotel Boost AG reserves the right to cancel or postpone an appointment due to unforeseen circumstances (e.g. staff illness) without any costs or compensation.

If the customer is unable to attend the agreed appointment for any reason, they must cancel it at least 24 hours before the start of the service provision, either by phone or by email. A delay of 15 minutes is considered as not attending the appointment. Otherwise, hotel boost AG reserves the right to charge the full amount for the booked service (at least CHF 1,000), unless the customer can provide proof via a medical certificate that they were unable to attend the appointment or cancel it in time.

7. Change of Services

hotel boost AG will accommodate the customer's requests for changes in service delivery as far as is reasonable.

To the extent that the implementation of the desired changes affects the contractual terms, particularly the effort of hotel boost AG or the schedule, the parties agree on a reasonable adjustment of the contractual terms, particularly an increase in remuneration and a postponement of any agreed dates.

8. Involvement of Third Parties

hotel boost AG is entitled at any time, at its own discretion, to engage third parties for the complete or partial execution of the order.

It ensures that the third parties engaged fulfil the contractual obligations accordingly and that their activities do not create any additional liability for hotel boost AG.

9. Third-party Providers / Software and Products

Hotel Boost AG also sells products, software solutions or services from third-party providers (hereinafter referred to as "third-party products") as part of its services. In these cases, Hotel Boost AG acts as a reseller to the customer and can invoice the customer in its own name.

Notwithstanding this, the actual provision of services is carried out exclusively by the respective third-party provider. The use of third-party products is additionally subject to the respective contractual terms, licensing conditions (e.g. EULA) and general terms and conditions of the third-party provider, which the customer accepts.

Hotel Boost AG does not provide any warranty or liability for the services, availability, functionality, security or content of the third-party products. In particular, Hotel Boost AG is not liable for: System failures, interruptions or errors of the third-party products Data losses or security incidents Lost revenues or any other indirect damages. To the extent permitted by law, any liability of Hotel Boost AG in connection with third-party products is expressly excluded.

Any defects, disruptions or claims in connection with third-party products must be asserted by the customer directly against the respective third-party provider.

The hotel boost AG is solely responsible for the careful selection and recommendation of suitable third-party products, but not for their performance.

10. Remuneration, Expenses and Taxes

Remuneration is generally based on time spent at the price rates communicated on the website or in the offer. hotel boost AG reserves the right to change its price rates at any time. The remuneration will be calculated at the price rates offered at the time the offer was created.

Expenses and other costs are not included in the remuneration and will be charged to the client separately at the actual costs or industry-standard rates, unless otherwise agreed.

The remuneration and expenses are exclusive of VAT and any other statutory charges.

11. Invoicing

hotel boost AG will invoice for the services provided and incurred expenses and taxes after the completion of the service provision. hotel boost AG is entitled to issue interim invoices for services and expenses already rendered. hotel boost AG may also require reasonable advance payments for services and expenses to be provided before the commencement of the service provision.

The remuneration including expenses and taxes is due for payment 30 days after invoicing, unless otherwise agreed in writing.

12. Payment Default / Reminder Fees / Collection Costs / Debt Collection

Invoices from Hotel Boost AG are due for payment within the payment period specified on the invoice without deduction. If the client is in default after the payment period has expired, Hotel Boost AG is entitled to chargedefault interest of 5% per annum in accordance with Art. 104 ORfrom the due date. In the event of payment default exceeding 30 days, Hotel Boost is entitled to suspend services until full payment is received and to terminate the contract without notice.

Reminder Fees

Hotel Boost AG is entitled to charge reminder fees from the onset of default. These are as follows:

1st reminder: CHF 30.–
2nd reminder: CHF 60.–
3rd reminder: CHF 90.–

Operational costs / Processing fee
In addition to the reminder fees, Hotel Boost AG may charge a processing or operational cost flat fee of CHF 100 per case of default.

Debt collection / Enforcement / Legal action
If the debtor fails to meet their payment obligation despite reminders, Hotel Boost AG is entitled to transfer the claim to a debt collection agency or to enforce it legally. All costs arising from this (in particular, collection, lawyer, and enforcement costs) shall be borne by the customer, to the extent permitted by law.

No offsetting
Any offsetting and the retention of payments due to alleged or asserted counterclaims by the customer are excluded.
Any claims by the customer must be asserted separately and do not entitle the customer to refuse or reduce invoice payments.

13. Copyright

Hotel Boost AG retains all copyright rights to the work results to which it is entitled. It grants the customer an unlimited, irrevocable, exclusive, and non-transferable right to use the work results, both in time and space.

14. Confidentiality

Hotel Boost AG is obliged to maintain strict confidentiality towards third parties regarding all business, operational, or technical information and processes entrusted to it by the customer or otherwise known to it, which have a confidential nature. This obligation continues without limitation after the termination of the contract.

15. Retention of documents / Right of retention

hotel boost AG shall carefully store all documents of any kind received from the client (e.g. certificates, contracts, notes, correspondence, etc., regardless of whether in original, as a copy or in draft form) and shall use them only in direct connection with the execution of the order, or as far as there is a legal obligation.

hotel boost AG reserves the right to retain the documents entrusted to it until all claims have been fully settled.

16. Warranty

Insofar as the services are defective, the customer's claim, as far as legally permissible, shall be limited at the option of hotel boost AG to rectification, reduction or replacement. If the rectification does not result in freedom from defects, the customer may demand a reduction.

17. Liability

Hotel Boost AG provides its services with the required care. Any liability of Hotel Boost AG – regardless of the legal basis – is excluded to the maximum extent permitted by law. In particular, Hotel Boost AG is not liable (including for auxiliary persons or third parties involved) for indirect damages, consequential damages, lost profits, loss of revenue or earnings, claims from third parties, data loss, or any other financial losses. A liability claim exists solely in the case of proven intentional or grossly negligent breach of duty by Hotel Boost AG. In this case, liability is limited to the typical, foreseeable, direct damage under the contract. The liability of Hotel Boost AG is also – to the extent permitted by law – limited in amount to a maximum of the amount paid by the customer for the affected service (net) within the last twelve (12) months prior to the damaging event. This limitation of liability also applies in favour of the organs, employees, representatives, agents, and commissioned third parties of Hotel Boost AG.

18. Force Majeure

In the event of force majeure, i.e. in the occurrence of events beyond the control of the affected party (such as official orders and measures, labour disputes, cases of natural disasters, epidemics, and pandemics), which significantly impair or make the performance impossible, the affected party must notify the other party in writing as soon as possible of the nature of the event and its expected duration. In this case, the affected party is entitled to postpone the fulfilment of its performance for the duration of the hindrance and a reasonable start-up period, but must resume the provision of services immediately upon the cessation of the relevant event.

The parties shall make every effort in good faith to minimise the effects of an event of force majeure as far as possible.

19. Termination of the Contract

The contract ends upon fulfilment of the agreed services, upon expiry of the agreed terms, or by termination. Unless otherwise agreed, the order may be terminated with a notice period of 90 days prior to the end of the contract. For good cause, the order may be terminated with immediate effect. Good cause is deemed to be any circumstance that makes it unreasonable for the terminating party to adhere to the contract in good faith, particularly the opening of insolvency proceedings, an estate or similar proceedings concerning the customer. The termination must be in writing to be effective.

Unless a termination occurs, the contract shall automatically be extended for a further year.

20. Data Protection

hotel boost AG only collects and processes personal data that is necessary for the execution of the contract concluded with the customer within the framework of legal provisions, particularly in compliance with applicable data protection laws. Further information on the processing of your personal data, your rights, and related questions can be found in our privacy policy at www.hotelboost.ch/datenschutzerklarung, which forms an integral part of these terms and conditions.

21. Severability Clause

If any provision of these terms and conditions is or becomes unlawful, invalid or unenforceable for any reason, this shall not affect the validity of the remaining provisions. Unless otherwise agreed, the invalid provision shall be deemed to be replaced by a valid provision that most closely reflects the economic purpose of the provision and the intention of the parties at the time of the conclusion of the contract. The same applies to any gaps in these terms and conditions.

22. Applicable Law and Jurisdiction

These terms and conditions, the contractual relationships based on them, and any disputes shall be governed exclusively by substantive Swiss law.

The exclusive jurisdiction is the registered office of hotel boost AG in Holzhäusern in the canton of Zug.

23. Inflation Adjustment / Price Changes

The service provider is entitled to adjust the prices for the agreed services if and to the extent that the general costs (e.g. due to inflation, increased operating costs, legal changes, etc.) increase after the conclusion of the contract. Such a price change will be communicated to the customer at least 10 days in advance by email.

If a price change due to inflation is necessary, the new price will take effect from the time of notification, unless the customer objects in writing within 14 days. If the customer objects, both parties have the right to terminate the contract at the end of the contract term.

In cases where the price change does not exceed 5% per year, it is deemed accepted and there is no right to terminate.

Holzhäusern, 01.01.2025