Hotel Policies

I. Scope of Applicability

1. These Terms and Conditions govern contracts for the rental of the hotel’s conference, banquet, and convention rooms for events such as banquets, seminars, conferences, exhibitions and presentations, etc., as well as all other associated services and goods connected therewith provided by the hotel.

2. The hotel’s prior written consent is required if the rooms, areas, or display cases are to be rented or sublet to a third party, or if invitations are issued for introductory interviews, sales promotions, or similar events.

3. The customer’s general terms and conditions shall apply only if this is previously expressly agreed in writing.

II. Conclusion of Contract, Parties, Liability, Statute of Limitations

1. The contract shall come into force upon the hotel’s acceptance of the customer’s application. They are the parties to the contract.

2. If the customer/ordering party is not the event organizer itself, or if a commercial agent or organizer is being used by the event organizer, then these parties shall be liable together with the event organizer as joint and several debtors for all obligations arising from the contract, insofar as the hotel has received a corresponding statement of the event organizer.

3. The hotel shall be liable to exercise the duty of care of an ordinary merchant with the per-formance of its obligations arising from the contract. Claims of the customer for reimbursement of damages are precluded except for such which result from injury to life, body or health and the hotel is responsible for the breach of the obligation, other damage which is caused from an intentional or grossly negligent breach of obligation and damage which is caused from an intentional or negligent breach of obligations of the hotel which are typical for the contract. A breach of obligation of the hotel is deemed to be the equivalent of a breach of a statutory representative or employee. Should disruptions or defects in the performance of the hotel occur, the hotel shall act to remedy such upon knowledge thereof or upon objection without undue delay by the customer. The customer shall be obliged to undertake actions reasonable for him to eliminate the disruption and to keep any possible damage at a minimum. In addition, the customer shall be obliged to notify the hotel in due time if there is a possibility that extraordinarily extensive damage may be incurred.

4. All claims against the hotel shall be generally time-barred one year after the statutory com-mencement of the contract. Reimbursement of damage claims shall be time-barred after five years, independent of knowledge. The reduction of the statute of limitation periods shall not apply for claims which are based on an intentional or grossly negligent breach of obligation by the hotel.

III. Services, Prices, Payment, Set-Off

1. The hotel is obligated to render the services ordered by the customer and agreed upon by the hotel.

2. The customer is obligated to pay the hotel’s prices agreed or the customary hotel’s prices for such services or other services utilized. This shall also apply to services and expenses of the hotel to third parties caused by the customer, in particular, also for claims of copyright exploitation companies.

3. Value-added tax as required by law is included in the agreed prices. If the period between conclusion of the contract and the event exceeds four months and if the price generally charged by the hotel for such services increases, then the agreed price may be raised to a reasonable degree, not, however, to exceed five percent.

4. Hotel invoices not stating a due date are payable and due in full within ten days of receipt. The hotel shall be entitled at any time to make accumulating accounts receivable payable and due and to demand payment without undue delay.

5. The hotel is entitled to require a reasonable advance payment at any time. The amount and date of the advance payment may be agreed in writing in the contract.

6. The customer may only set-off or reduce a claim of the hotel with a claim which is undisputed or decided with final, res judicata effect.

IV. Repudiation by the Customer (Cancellation, Annulment)

1. The written agreement of the hotel shall be required for cancellation by the customer of the

contract concluded with the hotel. If such agreement is not given then the agreed room rate from the contract as well as the services caused to be performed by third parties shall also be paid in any case in the event that the customer does not avail himself of the contractual services and rental to a third party is no longer possible. This shall not apply with the breach of the obligation of the hotel to take into account the rights, objects of legal protection and interests of the customer, if holding to the contract is no longer reasonable or another statutory or contractual cancellation right exists.

2. Insofar as the hotel and the customer have agreed in writing to a date for a cost-free cancellation of the contract, the customer may cancel the contract up to that date without causing payment or reimbursement claims by the hotel. The cancellation right of the customer shall dissolve if he does not exercise his cancellation right in writing up until the agreed date, insofar as no case pursuant to No. 1, sentence 3 supra exists.

3. If the booking is cancelled within the dates set in the contract, the hotel is entitled to charge the amount outlined in the contract.

4. The deduction of saved expenses is taken into account. The customer shall be free to prove that the above-mentioned claim was not created or not created in the demanded amount.

V. Repudiation by the Hotel

1. Insofar as the cost-free right of cancellation by the customer within a certain time period has been agreed in writing, the hotel shall be entitled to cancel the contract itself within this time period if inquiries of other customers for the contractually booked event rooms exist and the customer, upon inquiry by the hotel, does not waive his right of cancellation.

2. Should an agreed advance payment or an advance payment demanded pursuant to Item III, No. 5 not be paid, then the hotel shall also be entitled to cancel the contract.

3. Furthermore, the hotel is entitled to rescind the contract for justifiable cause, i.e.:

• If force majeure or other circumstances beyond the hotel’s control render fulfillment of the contract impossible;

• If events are booked using misleading or false representation of material facts such as the customer or purpose;

• If the hotel has good reason to assume that the event might jeopardize the hotel’s smooth operations, security, or public reputation without these being attributable to the hotel’s sphere of dominion or organization;

• If there is a breach of the item: I. No. 2 supra.

4. Upon justified cancellation by the hotel, the customer shall have no claim to reimbursement of damage.

PRIVACY

Hotel shall comply with the Global Privacy Policy for Guests available at http://privacy.hyatt.com (the “Privacy Policy”).  Group, with respect to guests of Group (“Group’s Guests”) who stay at the Hotel pursuant to this Agreement:

(i) shall make the Group’s Guests aware of the Privacy Policy;

(ii) shall obtain the consent of the Group’s Guests to disclose their personal information to the Hotel; and

(iii) warrants and represents to the Hotel that Group is:

(a) entitled to disclose the personal information of the Group’s Guests to the Hotel and

(b) authorised to act as agent of each of the Group’s Guests for the purposes set out in this Section.

VI. Rights of Termination for cause

This Agreement may be terminated by either party without liability upon written notice under the following circumstances:

1. if a party’s performance under this Agreement is subject to acts of God, war, government regulation, terrorism, disaster, strikes, civil disorder, a pandemic, a travel advisory issued by a government agency either prohibits travel or recommends against all but essential travel, to the country in which the Hotel is located and where such prohibition or advisory affects not less than 50% of the [attendees], curtailment of transportation facilities, or any other emergency of a comparable nature beyond the party’s control that in each case make it illegal or impossible to perform its obligations under this Agreement. In such event, the terminating party shall give written notice of termination to the other party within five (5) days of such occurrence; or

2. if either party makes a voluntary or involuntary assignment for the benefit of creditors or enters into bankruptcy proceedings prior to the date of the Event. In such event, the party who is not making an assignment or entering into bankruptcy proceedings shall have the right to terminate this Agreement upon written notice to the other party; or

3. if at the time of the Event, the hotel will no longer be operated under a Hyatt brand. In such event, Hotel shall notify Group in writing of such change, and Group shall have the right to terminate this Agreement without liability upon written notice to Hotel within thirty (30) days of the date of Hotel’s notice of change of brand.

If either party’s performance under this Agreement becomes illegal or impossible for any of the reasons set out in section (1) above, Group and Hotel shall confer in good faith to discuss modifications to the Event and the Agreement in order to avoid terminating the Agreement, as long as Hotel’s performance is not itself illegal or impossible. Such discussion should occur within five (5) business days after a party’s performance becomes illegal or impossible.

If the parties agree that a modified version of the Event will take place, the parties will work to negotiate an amendment to this Agreement or a new agreement (as appropriate) setting forth any agreed-upon adjustments to accommodate the modified program, which may include decreasing Group’s room or food and beverage revenue commitments, increasing permissible attrition and addressing any concessions or amenities contingent on revenue commitments. If the parties are not able to agree to such adjustments after a commercially reasonable period of time, Group or Hotel may terminate this Agreement as set forth herein.

In the event of termination by either party under this Section, Hotel shall refund all deposits and/or prepayments made by Group within thirty (30) days of receipt of the notice of termination. Except as otherwise specifically provided in this Agreement, neither party shall have the right to terminate this Agreement for any other cause.

VII. VI. Changes in Number of Participants and Time of Event

1. A change of the number of participants by more than twenty percent must be communicated at least 28 days before the event. Such change must be approved in writing by the hotel.

2. A reduction in the number of participants of no more than five percent by the customer shall be acknowledged by the hotel in its charges until two days before the event. If the reduction will be made of more than five percent and after that date, the last confirmed participant number will be considered.

3. If there is an upward change, charges will reflect the actual number of participants.

4. If the event’s agreed starting or ending times change and the hotel agrees to such devia-tions, the hotel may reasonably charge for the added cost of stand-by service, unless the hotel is at fault.

VIII. Bringing of Food and Beverages

The customer may not bring food or beverages to events. Exceptions must be agreed in writing with the hotel. In such cases, a charge will be made to cover overhead expenses.

IX. Technical Facilities and Connections

1. To the extent the hotel obtains technical and other facilities or equipment from third parties for the customer at the customer’s request, it does so in the name of, with power of attorney and on the account of the customer.

The customer is responsible for the careful handling and proper return of the equipment. The customer shall indemnify the hotel from all third-party claims arising from the provision of the facilities or equipment.

2. Written consent is required for using the customer’s electrical systems on the hotel's electrical circuit. The customer shall be liable for malfunctions of or damage to the hotel’s technical facilities caused by using such equipment, to the extent that the hotel is not at fault. The hotel may charge a flat fee for electricity costs incurred through such usage.

3. The customer is entitled to use his own telephone, telefax, and data transfer equipment with the hotel’s consent. The hotel may charge a connection fee.

4. If suitable hotel equipment remains unused because the customer’s own equipment is connected, a charge may be made for lost revenue.

5. Malfunctions of technical or other equipment provided by the hotel will be remedied immediately whenever possible. To the extent the hotel was not responsible for such malfunctions, payment may not be withheld or reduced.

X. Loss of or Damage to Property Brought In

1. Customer shall bear the risk of damage or loss for objects for exhibit or other items including personal property brought into the event rooms/hotel. The hotel assumes no liability for loss, destruction, or damage to or of such objects, also not for property damages, with the exception of cases of gross negligence or intent on the part of the hotel. Excepted here from are cases of damage caused as a result of injury to life, body or health. In addition, in all cases in which the safekeeping represents an obligation typical for a contract due to the circumstances of the individual case, release from this liability shall be prohibited.

2. Decorations brought in must conform to the fire protection technical requirements. The hotel is entitled to require official evidence thereof. Should such proof not be given, then the hotel shall be entitled to remove materials already brought in at the cost of the customer. Due to the possibility of damage, the hotel must be asked before objects are assembled or installed.

3. Objects for exhibit and other items must be removed immediately following the end of the event. If the customer fails to do so, the hotel may remove and store such at the customer’s expense. If the objects remain in the room used for the event, the hotel may charge a reasonable compensation for use for the period that they remain there. The customer is free to prove that the above-mentioned claim was not created or not created in the amount claimed.

XI. Customer’s Liability for Damage

1. Insofar as the customer is a business owner, it shall be liable for all damage to buildings or furnishings caused by participants in or visitors to the event, employees, other third parties associated with the customer and the company itself.

2. The hotel may require the customer to provide reasonable security (e.g., insurance, security deposits, sureties).

XII. Final Provisions

1. Amendments or supplements to the contract, the application acceptance, or these General Terms and Conditions for Events should be made in writing. Unilateral amendments and supplements by the customer are invalid.

2. Place of performance and payment is the location of the hotel’s registered office.

3. In the event of litigation, the courts at the location of the hotel’s registered office shall have exclusive jurisdiction for commercial transactions, including disputes regarding checks and bills of exchange. To the extent a party fulfills does not maintain a general domestic venue, the courts at the location of the hotel’s registered office shall have exclusive jurisdiction.

4. The contract is governed by and construed in accordance with Swiss law.

5. Should individual provisions of these General Terms and Conditions for Events be invalid or void, the validity of the remaining provisions shall remain unaffected thereby. More Over, the statutory provisions apply. 

ANNEX: PRIVACY NOTICE

In this privacy notice we, Park Hyatt Hotel GmbH (hereinafter referred to as we or us), Beethovenstrasse 21, 8002 Zürich, explain how we collect and process personal data. This is not an exhaustive description; other privacy notices or general terms and conditions and similar documents may govern specific matters. Personal data means any information relating to an identified or identifiable individual.

This privacy notice is based on the Swiss Federal Act on Data Protection (FADP).

1. Controller

We are the data controller for the data processing activities described herein. If you have any data protection concerns, you can send them to us at the following contact address: zurph-accounting@hyatt.com or Park Hyatt Hotel GmbH, Beethovenstrasse 21, 8002 Zürich.

2. Collection of personal data and processing purposes

We primarily collect and use personal data that is necessary to administer this business relationship and that you therefore provide to us in this context.

Furthermore, our underground car park is under video surveillance. We use the recordings for security purposes. The recordings are not systematically evaluated and are only used in the event of security incidents (in particular property damage and personal injury).

Finally, we use software to recognize your car registration number. We can therefore also determine your parking time. We use this data to obtain a general overview of the use of our underground car park. Furthermore, we use the data if there is a justified suspicion of unlawful use based on concrete indications.

3. Data transfer and data transmission abroad

Within the scope of our business activities and the purposes set out in section 2, we also disclose personal data to third parties, insofar as this is permitted and appears to us to be appropriate, either because they process it for us or because they use it for their own purposes. This applies in particular to the following entities:

·         service providers of ours (within the group as well as externally, such as banks, insurance companies), including contract processors (such as IT providers);

·         domestic and foreign authorities, official agencies or courts;

·         other parties in potential or actual legal proceedings;

all jointly recipients.

These recipients are partly domestic, but can be anywhere in the world. If we transfer data to a country without adequate legal data protection, we ensure adequate protection as provided for by law by using appropriate safeguards (namely on the basis of the so-called Standard Contractual Clauses of the European Commission). You can obtain further information on the safeguards at any time from the contact person named in section 1.

4. Duration of the retention of personal data

We process and store your personal data for as long as it is necessary for the fulfilment of our contractual and legal obligations or for the purposes pursued with the processing, i.e. for example for the duration of the entire business relationship (from the initiation, processing to the termination of a contract) as well as beyond that in accordance with the statutory retention and documentation obligations.

The surveillance camera recordings are normally kept for three months and then automatically deleted. 

The records of your car registration number and parking time are normally kept for three months and then automatically deleted.

5. Revisions

We may update this privacy notice at any time without prior notice. Always the current version applies. If the privacy notice is part of an agreement with you, we will inform you of the changes in the event of an update.