General Terms and Conditions

Version 01 - 19.10.2023

scarica la versione italiana:

1. Preamble

HRC GmbH, Churerstrasse 54, 8808 Pfäffikon SZ, Switzerland (HRC) markets and brokers hotel stays in different countries over the HRC Website.

HRC is partnering up with hotels (Hotel or Hotels) in order to support them to sell rooms historically not sold during the low and middle season increasing the occupancy and therefore the revenue per available room (RevPAR). Thereby, HRC solely acts in the capacity of a broker between the Hotel Guests and the Hotels. Nothing in these General Terms and Conditions or any other documents shall imply otherwise.

HRC is selling the HR Card, which entitles the owner of the HR Card to book a hotel accommodation at a discounted rate as per the provisions below (HRC Business Model).

2. Area of application

These General Terms and Conditions (GTC) govern the contractual relationship between Hotels and HRC with respect to the services offered under the HRC Business Model.

These GTC do not apply to the contractual relationship between HRC and the Guests. Separate Guest GTC governing the relationship between HRC and Guests apply and can be found on the HRC Website.

3. Definitions

HRC Website	The website where a Hotel can offer its rooms at discounted prices, consumers can purchase the HR Card and book a Hotel.
HRCard	The owner of the HR Card has the right to book an accommodation in a Hotel at HRC Prices.
Guest	A consumer who booked an accommodation in a Hotel.
BAR	Best Available Rate offered by a Hotel on any channel or website at any time.
HRC Discounts	The HRC Discounts are the price advantages applied to the Hotel BAR. The Hotel BAR minus the HRC Discount results in the HRC Price.
HRC Prices	The prices offered on the HRC Website at which HR Card owners can book a Hotel accommodation.
HRC Availability	The rooms a Hotel makes available on the HRC Extranet. The HRC Availability is on free sales bases that means it can be updated any time without any restriction.     Each HRC Booking (= used availability) is considered as HRC Availability.
HRC Seasons	Time periods, during which a Hotel is bookable on the HRC Website.
Guest GTC	The general terms and conditions published on the HRC Website under which a consumer purchases or uses the HR Card on the HRC Website.
HRC Extranet	The system on which a Hotel enters and updates general information, data, pictures and the  HRC Discounts so that it can be advertised accurately on the HRC website. The Hotel also updates manually (exception) or via a Channel Manager System the BAR and the HRC Availability on the HRC Extranet.
HRC Status	Online = Hotel bookable on the HRC Website    Offline = Hotel not bookable on the HRC Website
Occupancy	Number of guests allowed in a room.

4. Conclusion of the Hotel Contract

The registration by a Hotel on the HRC Extranet represents a proposal to conclude a contractual agreement. This contract between the parties will be concluded by means of the electronic confirmation by HRC addressed to the Hotel. The Hotel contract becomes effective when HRC issues an electronic confirmation addressed to the Hotel (HRC Hotel Contract).

5. Conclusion and cancellation of the Accommodation Contract

The Guest visits the HRC Website for searching and booking a Hotel accommodation according to the HRC Availability. Once the Guest has booked the accommodation online, HRC is going to confirm the booking by sending a booking confirmation to the Hotel and the Guest.

The accommodation contract is concluded solely between the Hotel and the Guest at the moment at which the booking is being confirmed online on the HRC Website (Accommodation Contract).

The Guest has the right to cancel the booking via the HRC Website free of charge up to 15 days before the arrival date at the Hotel. In case of cancellation 0 - 14 days before arrival date, the booking can only be cancelled free of charge if the Hotel gives the Guest its written consent.

In the case that a cancellation is not free of charge the Hotel will, with the exception of the costs, extras and fees stated in the booking confirmation, not charge the Guest (irrespective of the latter’s method of payment) any additional processing fees or administration costs.

In case the Hotel cannot fulfil the Accommodation Contract at any time, it is obliged to offer alternative solutions of the same or a better quality. The Hotel must, without exception, bear any additional costs incurred.

The Hotel is solely responsible for complaint management with regard to services arising from the Accommodation Contract. HRC has the right to provide Guests with some form of assistance in connection with their rights when defending their rights against the Hotel. HRC may, if necessary, assist the Hotel in defending its interests against the Guests, but is not obliged to do so.

6. Rights and obligations of HRC

HRC acts as a broker between the Guest and the Hotel. The accommodation agreement and all ancillary service obligations resulting from the accommodation agreement exist solely between the Guest and the Hotel. HRC displays the Hotel’s offerings (BAR and HRC Price) on the HRC Website and offers the Guest the opportunity to conclude a booking with the Hotel on the HRC Website. The booking is automatically forwarded to the Hotel for further processing.

HRC makes an extranet available to the Hotel. The HRC Extranet provides the Hotel with an individual, password protected area for management and updating of the services, HRC Discounts,  BAR and the HRC Availability offered by the Hotel.

HRC provides the Hotel with the option to connect via so-called channel management systems. The Hotel is however not entitled to connect via a particular Channel Manager unless HRC already provides for that particular Channel Manager.

HRC is, within the scope of displaying the Hotel‘s offerings, permitted to use images and text material for which the Hotel holds brand and/or copyright or other rights. HRC is permitted to reproduce, disseminate, change, process and/or publish this material. HRC is entitled to use the Hotel’s name and pictures as well as further information and all brands belonging to the Hotel for HRC marketing purposes.  

7. Rights and obligations of the Hotels

In order for HRC to publish the Hotel's capacities on the HRC Website, the Hotel is obliged to register on the HRC Extranet and to provide HRC with the BAR’s and HRC Availabilities. The Hotel is responsible for the update of the BAR’s and HRC Availabilities of the rooms on the HRC Extranet or in the Channel Management System. The Hotel must check and ensure at all times that the BAR meets the conditions as set out in article 8.a. below.

The Hotel is obliged to instruct all staff working for the Hotel and/or employees of third parties who come into contact with Guests about the HRC policies and the Guests’ corresponding rights.

The Hotel is obliged, to accept the Guest’s booking. The HRC Prices published on the HRC Website at the time of the booking are binding for the Hotel. The Hotel may not charge the Guest a higher price than the one confirmed at the time of the booking.

The Hotel is solely responsible for collecting VAT from the Guests and for delivering the VAT to the competent authority.

After the Guest has completed the stay with the Hotel, HRC is entitled to obtain a review of the Hotel from the Guest and publish it as an original quote or in analogous words on the HRC Website. HRC does not accept any liability for the correctness of the rating’s content. The Hotel has no claim to deletion of the published rating.

8. BAR, HRC Discounts, HRC Price, HRC Availability, HRC Seasons

a.   BAR

The prices (before discounts) for the respective room types and occupancy transmitted to or entered directly on the HRC Extranet are based on the BAR on any online booking portal or website. It may not deviate from the BAR of any other online booking portals or website on any given time. The comparison is based on identical room category, date, occupancy, cancellation conditions and meal plans as well as other additional offers or restrictions.

The correct management and update of the BAR via channel management system or directly on the HRC Extranet lies within the sole responsibility of the Hotel.

The Hotel regularly updates the BAR per room type and occupancy. The BAR, depending on the standard of the Hotel, can be excluding or including breakfast.

b.  HRC Discounts

The Hotel accepts that the BAR transmitted to or entered directly on the HRC Extranet will be reduced by 40%, 25% or 10% by HRC depending on dates that the Hotel can choose for which 40% and 25% shall be applied. For the remaining days, a 10% discount will be automatically assigned.

The number of days for which the Hotel is obliged to guarantee the 40% and 25% discount depends on how many days in the year the Hotel is open and how many rooms it has in total (as specified in the individual Hotel Contract).

The Hotel undertakes, regardless of whether it works with a channel management system or manually on the HRC Extranet, to allocate and update the HRC Discount days directly manually on the HRC Extranet.

c.   HRC Prices

The HRC Prices published per overnight stay of a Guest on the HRC Website are calculated as follows: BAR minus HRC Discount = HRC Price

d.  HRC Availability

Depending on the total number of rooms, etc. that the Hotel has, it undertakes to make a certain percentage available on the HRC Extranet. This free sales HRC Availability can be increased, reduced or blocked (= stop sales) at any time.

The percentage of rooms to be made available for sale on the HRC extranet depends on how many rooms one has (as specified in the individual Hotel Contract).

e.   HRC Seasons

The Hotel undertakes to be bookable at any time for at least 270 days in the future. Additional HRC Seasons can be entered at any time in the HRC Extranet.

f.   HRC Bookings

The Hotel undertakes to check that the name of the booker, which HRC sent with the booking confirmation, matches the identity of the Guest present.

If none of the Guests matches the submitted booker name, the Hotel must charge the undiscounted BAR for the booking.

9. Controlling of Minimum Price Advantage, BAR & HRC Availability

a.         Minimum Price Advantage

The lowest HRC Price offered on the HRC Website should be at least 25% lower than the lowest available price of the Hotel on the same date on other online booking portals or websites, regardless of the room category, cancellation conditions and meal. Exceptions to this rule are those days on which only 10% discount is offered or on days with no HRC Availability.

b.        BAR & HRC Availability

HRC checks on a daily basis the Hotel's data on the HRC Extranet and its compliance with articles 8.a. and 8.d. above.

Hotels with (1) the BAR always being compliant, (2) high HRC Availability and (3) more than the minimum required 40% and 25% HRC Discount days are given (A) preferential treatment in the search results on the HRC Website and (B) are given priority in further marketing services by HRC.

In the event of repeated non-compliance with articles 8.a. and 8.d. above, HRC reserves the right to terminate the cooperation with the Hotel at any time. If a Guest or HRC proves that the Hotel was not compliant with article 8.a. above, the Hotel is obliged to charge the Guest the lower price or the price to which the Guest would have been entitled. Furthermore, the Hotel must immediately (1) adjust the BAR transmitted to or entered directly on the HRC extranet to the correct amount or (2) update the HRC Discount days. An increase of the prices offered directly or indirectly by the Hotel does not release the Hotel from the obligation to (1) adjust the BAR to the correct amount or (2) update the HRC Discount days.

c.         Ranking of HRC Availability per HRC Discount

HRC monitors the HRC Availability that a Hotel assigns to each HRC Discount day and ranks it:

Ranking 1 = top ranking: HRC Availability assigned to 40% days

Ranking 2 = medium ranking: HRC Availability assigned to 25% days

Ranking 3 = low ranking: HRC Availability assigned to 10% days

With regard to (A) preferential treatment in the results on the HRC Website and (B) priority given in further marketing services by HRC:

The HRC Availability ranking 1 is rated higher than the HRC Availability with ranking 2 and the HRC Availability with ranking 2 is rated higher than the HRC Availability with ranking 3.

d.        Ranking of HRC Availability per Room Type

The room types that a Hotel makes HRC available for booking on the HRC Website can be freely selected by the Hotel. However, HRC monitors for which room types the Hotel provides availability. Each room type is allocated a raking (see below)

Ranking 1 = top ranking: normal rooms with maximum occupancy = 2

Ranking 2 = medium ranking: normal rooms with maximum occupancy = 3 or 4 / deluxe rooms with maximum occupancy = 2

Ranking 3 = low ranking: rooms with maximum occupancy = 1 / rooms with maximum occupancy >= 5  / deluxe rooms with maximum occupancy = 3 or 4

In regards to (A) preferential treatment in the results on the HRC Website and (B) priority given in further marketing services by HRC:

The HRC Availability ranking 1 is rated higher than the HRC Availability with ranking 2 and the HRC Availability with ranking 2 is rated higher than the HRC Availability with ranking 3.

10. Mealplans

The Hotel has the option of configuring meal plans for adults and children (see also following article 11) in the HRC Extranet. The HRC Discounts are being applied also to Half Board and Full Board meal plans. The prices for Half Board and Full Board are added to the discounted HRC Price of the Guest for the overnight stay.

11. Children Discounts

The Hotel has the possibility to configure the discounts for children in the HRC extranet. HRC uses the following age groups:

0 – 1 year           Infant
2 – 7 years         Small Child
8 – 12 years       Child

The HRC Price for children for their overnight stay is calculated as follows:

 BAR minus HRC Discount minus Children Discount = HRC Price for children

12. Auto Revenue

The Hotel takes note and agrees that HRC will unilaterally optimize the HRC Discounts and thus the Hotel's HRC Price displayed on the HRC Website if certain parameters are met:

-      reducing the HRC Discount from 40% to 25% or 25% to 10% if for a date HRC has received a certain number of bookings (as specified in the individual Hotel Contract),

-        increasing the HRC Discount from 10% to 25% for the HRC Availability not being sold yet <= 5 days before a date,

-         increasing the HRC Discount from 25% to 40% for the HRC Availability not being sold yet <= 10 days before a date.

HRC is free to introduce additional Auto Revenue optimizations.

13. Monthly Fee

The hotel pays a monthly fee of EUR 20 incl. VAT to HRC as a package which includes (1) the use of the HRC Extranet, (2) technical support and (3) advice on improving the revenue management.

HRC is going to bill the Hotel for the above package at the beginning of each semester (invoice date 1st of January + 1st of July). The Hotel undertakes to settle the invoice within 10 days upon receipt.

If the Hotel has not paid the bill within 10 days after the billing date, HRC takes the liberty of putting a Hotel offline temporarily. 

14. Duration of the Contract and Termination

The orderly duration of the contract is based on the individual agreement made between HRC and the Hotel. Should no individual agreement have been made, then the duration of the contract will be twelve (12) months and will, in the absence of a timely termination, be extended for a further period of twelve months at a time.

The termination must be made in writing or by email and must observe a 30-day notice period (calendar days) prior to the renewal date. The date on which the recipient receives the termination is relevant for calculation of compliance with the notice period.

HRC is entitled to issue an immediate termination if
(1) the Hotel fails to maintain the best price guarantee or
(2) the Hotel does not update the information on the HRC Extranet despite being requested three times to do so or
(3) the Hotel is in default of payment or declares bankruptcy respectively is bankrupt.

A change of control in the ownership of a Hotel or a Hotel chain or a change in the respective management structure is no reason for immediate termination by HRC.

HRC may at any time cease to offer its services to the Hotel (changing HRC Status to offline), in particular, for the following reasons:
(1) the Hotel does not update the BAR on the HRC Extranet or publishes misleading or insufficient information on the HRC Extranet or
(2) the Hotel charges the Guest a price which is too high and not compliant with article 8 a) above or
(3) receives complaints from several Guests relating to the accommodation concerned or
(4) the Hotel respectively its employees behave inappropriately and/or unprofessionally in handling with the Guests or
(5) HRC does not want to cooperate with the Hotel anymore for another reason.

As long as the HRC Status is offline, the Hotel Contract is dormant. The monthly fees according to article 13 above apply in any case as long as the Hotel Contract is not terminated.

15. Data Protection

All data, including personal data, will be processed in accordance with our privacy policy and applicable data protection laws and regulations. Please refer to our hotel guests' privacy policy for more information.

The Hotels are obliged to ensure that they themselves comply with the applicable data protection laws and regulations.

16. Liability

HRC is liable only within the limits of these GTCs and only with respect to the contractual relationship between HRC and the Hotels. Any liability for medium and slight negligence is excluded.

HRC is, on no account, liable for any non- or improper performance of the Accommodation Contract by the Hotel and/or the Guest respectively for any non-contractual damages in this respect. The Hotel is obliged to fully indemnify HRC for any claims made by Guests or any third party with regard to the Accommodation Contract respectively non-contractual claims in this respect, including but not limited to direct or indirect damages due to overbookings.

HRC does not guarantee the Hotel any minimum number of bookings and/or minimum number of Guest overnight stays in the Hotel.

Further, HRC is not liable for its auxiliary persons. Within its statutory possibilities, HRC excludes any and all liability with regard to the functionality and/or operation of the HRC Website and the HRC Extranet.

17. Amendments of GTC

HRC reserves the right to amend the present GTCs without previous announcement at any time. The registered Hotels will be notified about changes to the GTC by email and the amended version will be immediately uploaded to the HRC Website.

18. Validity of the GTC

The invalidity of one or more of the stipulations of these GTCs does not affect the validity of the remaining stipulations. The valid stipulations remain in force. Invalid stipulations shall be replaced by a stipulation of equal value that reflects the economic purpose of the invalid stipulation.

The English version of the present GTC shall always prevail and is the only legally binding version. 

19. Applicable Laws and Jurisdiction

Any disputes arising between the customer and HRC shall be governed by the substantive laws of Switzerland (excluding its rules on conflict of laws and the Vienna Convention). The sole place of jurisdiction for any dispute is Pfäffikon SZ.

HRC GmbH, Churerstrasse 54, 8808 Pfäffikon SZ, Switzerland