T&Cs & Legal Notice

Legal Notice

Provider & responsible party

B & S Bau & Sanierung GmbH, trading under the brand “Black Cockatoo Lodge”
Gsteigstrasse 111a
3783 Grund bei Gstaad
Switzerland

Registered office (Sitz): Saanen
Represented by Theodor Zingg, partner and managing director
Commercial Register (Handelsregister): Canton of Bern, CH-092.4.013.770-2
VAT number: CHE-105.212.231 MWST

E-mail: [email protected]
Website: www.blackcockatoolodge.com

Location of the accommodation

Black Cockatoo Lodge
Haubenstrasse 1b
3672 Oberdiessbach
Switzerland

Disclaimer

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General Terms and Conditions (T&Cs)

1. Scope

1.1 These General Terms and Conditions (T&Cs) apply to all contracts between B & S Bau & Sanierung GmbH, trading under the brand “Black Cockatoo Lodge” (hereinafter “Provider” or “Lodge”), and the guest concerning the provision of accommodation for a fee for lodging purposes, as well as to all related services and deliveries.

1.2 These T&Cs apply to natural persons, legal entities, companies, traders, self-employed persons, freelancers and other organisations, unless mandatory statutory provisions provide otherwise.

1.3 By booking accommodation, the guest accepts the version of these T&Cs in force at the time of booking as a binding part of the contractual relationship.

1.4 These T&Cs apply regardless of whether the booking is made directly via the Lodge's website, by telephone, by e-mail, via a channel manager or via external booking and agency platforms (in particular Booking.com, Airbnb or comparable providers).

1.5 If the booking is made via an agency or booking platform, that platform's terms of use and agency terms apply in addition. These T&Cs govern exclusively the contractual relationship between the guest and the Lodge.

1.6 Individual agreements between the Lodge and the guest take precedence over these T&Cs, provided they were agreed expressly and in a verifiable form (e.g. by e-mail).

1.7 Conflicting, deviating or supplementary terms and conditions of the guest do not apply unless the Lodge has expressly agreed to their validity in a verifiable form.

1.8 The accommodation is let exclusively for temporary lodging purposes. Use as a residence in the sense of a permanent tenancy is excluded.

1.9 These T&Cs are drawn up in German. Any translations are provided for information only. In the event of discrepancies or questions of interpretation, the German version prevails. This English version is provided for information only; the German version is legally binding.

1.10 Substantive Swiss law applies exclusively, to the exclusion of the conflict-of-laws rules and international conventions, insofar as permitted by law.

2. Provider details

The guest's contractual partner and operator of the Black Cockatoo Lodge is:

B & S Bau & Sanierung GmbH, trading under the brand “Black Cockatoo Lodge”
Registered office (Sitz): Saanen
Represented by Theodor Zingg, partner and managing director
Gsteigstrasse 111a
3783 Grund bei Gstaad
Switzerland
E-mail: [email protected]
Commercial Register (Handelsregister): Canton of Bern, CH-092.4.013.770-2
VAT number: CHE-105.212.231 MWST

Location of the accommodation: Black Cockatoo Lodge, Haubenstrasse 1b, 3672 Oberdiessbach, Switzerland

3. Conclusion of the contract

3.1 The presentation of the accommodation, its furnishings and the services offered on the Black Cockatoo Lodge website, on booking platforms or in other advertising and information media does not constitute a legally binding offer, but a non-binding invitation to the guest to submit an offer to conclude an accommodation contract.

3.2 By submitting the booking form on the website, the guest makes a binding booking request to conclude an accommodation contract at the prices and conditions shown during the booking process. In doing so, the guest confirms that they accept these T&Cs and have taken note of the privacy policy.

3.3 The Lodge reviews every booking request and, if the accommodation is available, sends a confirmation with a payment link by e-mail, or declines the request. This confirmation constitutes an offer by the Lodge, valid until the deadline stated in the payment link expires. The accommodation contract is concluded upon timely receipt of full payment in accordance with clause 5. If payment is not made in time, or if the requested period is no longer available at the time of payment, the offer lapses at no cost to the guest.

3.4 For bookings via external booking or agency platforms, the time at which the contract is concluded may be governed differently by the respective platform's terms. In that case, the platform's terms apply in addition.

3.5 The person making the booking is liable to the Lodge as contractual partner for all obligations arising from the accommodation contract, including the obligations of all persons registered with, travelling with or invited by them.

3.6 The guest must provide all information required for the booking completely, truthfully and accurately. The Lodge is entitled to challenge the contract, withdraw from it or terminate it without notice if incorrect or misleading information has been provided.

3.7 The Lodge reserves the right to decline booking requests for objective reasons, in particular if the accommodation is unavailable, if the permitted number of persons is exceeded or if a breach of the house rules is to be expected.

3.8 Amendments, additions or side agreements to the accommodation contract must be made in a verifiable form (e.g. e-mail) to be effective, unless mandatory statutory provisions require a stricter form.

3.9 For accommodation services for a specific period there is no statutory right of withdrawal, neither under Swiss law nor under EU consumer law. Only the cancellation terms set out in clause 6 apply.

4. Services of the Lodge

4.1 The Black Cockatoo Lodge provides the guest with the booked accommodation for the agreed period. The accommodation is designed for a maximum of 4 persons; the minimum stay is 1 night.

4.2 The scope of services is determined exclusively by the details confirmed at the time of booking. Images, floor plans, descriptions of the furnishings and other information on the website or in advertising material serve as a general description and may differ slightly from the actual conditions. Expressly assured features of the accommodation remain unaffected by this.

4.3 The Black Cockatoo Lodge reserves the right to temporarily restrict, replace or take out of operation individual features for technical, safety-related, operational or organisational reasons, provided that this does not materially impair the contractual use of the accommodation.

4.4 Beyond the equipment assured in the description of the accommodation and in the booking confirmation (e.g. Wi-Fi, parking space), there is no entitlement to specific furnishings, technical devices, television channels, streaming services or other ancillary services. The guest's statutory rights in respect of defects in the accommodation remain reserved.

4.5 The guest states the expected arrival time when booking. Check-in and check-out times are communicated to the guest as part of the booking and must be observed. In the event of late departure, the Black Cockatoo Lodge reserves the right to charge any additional costs incurred.

4.6 The accommodation may only be used by the number of persons stated in the booking. Additional guests, visitors, events or commercial use require the prior consent of the Black Cockatoo Lodge in a verifiable form.

4.7 The Black Cockatoo Lodge accepts no responsibility for temporary interruptions or restrictions of electricity, water, heating, telecommunications, internet or other utility services, insofar as these lie outside its sphere of influence.

5. Prices and payment terms

5.1 All prices are in Swiss francs (CHF) and include statutory value added tax. The total price shown during the booking process and in the booking confirmation is authoritative. No tourist tax (Kurtaxe) is charged. Final cleaning is included in the total price. Additional cleaning effort beyond the usual final cleaning, as well as damage, may be offset against the deposit or invoiced separately in accordance with clause 8.

5.2 The total price, including any deposit, must be paid in full in advance via the payment link sent by e-mail after the booking request has been confirmed. Payment is processed by the payment service provider Stripe; the available payment methods are shown during the payment process. The Black Cockatoo Lodge is entitled to refuse access to the accommodation until full payment has been received.

5.3 In the event of late payment, the Black Cockatoo Lodge is entitled to claim default interest of 5 % (Art. 104 CO) and any further proven damage caused by the delay.

Deposit

5.4 For stays of 5 nights or more, a deposit of CHF 200 is charged and paid together with the price of the stay. If a shorter stay is later extended to 5 or more nights, the deposit is charged together with the extension amount.

5.5 The deposit secures any claims of the Lodge arising from damage, additional cleaning effort or breaches of the house rules (clause 8). It is refunded to the original payment method within 14 days after departure, less any documented claims. The guest will be informed of any retention, stating the reasons. Further claims of the Lodge remain reserved.

5.6 In the event of cancellation, the deposit is always refunded in full.

Extension and change of stay

5.7 An extension or postponement of the stay is only possible subject to availability and with the consent of the Lodge. Any additional amount is invoiced to the guest via a separate payment link and must be paid before the additional nights begin. A shortening of the stay is treated as a cancellation in accordance with clause 6 for the nights no longer taken.

6. Cancellation and rebooking terms

6.1 For direct bookings via the website, the following cancellation terms apply to the price of the stay:

• Cancellation 14 or more days before the day of arrival: 100 % refund
• Cancellation within 24 hours of payment, provided payment was made at least 7 days before the day of arrival: 100 % refund
• Cancellation less than 14 but at least 7 days before the day of arrival: 50 % refund
• Cancellation less than 7 days before the day of arrival and no-show: no refund

6.2 A paid deposit is refunded in full upon any cancellation.

6.3 Cancellation is made online via the cancellation link in the booking confirmation or by e-mail to [email protected]. The time at which the cancellation is received by the Black Cockatoo Lodge (Swiss time) is decisive for the calculation; the deadlines are calculated in calendar days up to the day of arrival. Refunds are made to the original payment method.

6.4 In the event of cancellation, the Black Cockatoo Lodge credits the expenses saved as a result of the services not being used, as well as whatever it earns, or maliciously fails to earn, by letting the accommodation to others during the cancelled period. The guest remains entitled to prove that no damage, or substantially less damage, has occurred.

6.5 There is no entitlement to rebooking. Rebookings may be offered subject to availability and at the discretion of the Black Cockatoo Lodge.

6.6 There is no entitlement to a refund in the event of late arrival, early departure or non-use of individual services.

6.7 For bookings via Airbnb, Booking.com or other platforms, the cancellation terms shown there at the time of booking apply; cancellation and refunds are handled via the respective platform. Different cancellation terms may apply to certain offers or special promotions. The terms agreed at the time of booking are decisive.

6.8 Taking out travel cancellation insurance is recommended.

7. Video surveillance

7.1 To protect the accommodation and property and to uphold the owner's domiciliary rights, certain outdoor areas of the Black Cockatoo Lodge are monitored by video cameras.

Purpose of the video surveillance

7.2 Video surveillance is carried out exclusively for the following purposes:

• Protection of guests, property and infrastructure
• Prevention and investigation of criminal offences, damage to property and attempted burglaries
• Upholding the domiciliary rights
• Documentation of security-related incidents

Monitored areas

7.3 Video surveillance is limited to the outdoor areas of the property, in particular access routes, entrance areas and outdoor spaces. Interior rooms, bathrooms, sleeping areas and other private living areas are not monitored.

Storage of recordings

7.4 Video recordings are automatically deleted or overwritten after a short time. They are only kept longer insofar as this is necessary to investigate a specific incident.

Disclosure of data

7.5 Video recordings are only disclosed insofar as this is necessary to safeguard legitimate interests or required by law, in particular to criminal prosecution authorities or other competent authorities.

Rights of data subjects

7.6 Data subjects may request information about the personal data concerning them within the framework of the applicable data protection provisions. Further information on data protection can be found in the general privacy policy of the Black Cockatoo Lodge.

8. Use of the accommodation and liability of the guest

8.1 The guest undertakes to treat the accommodation, the inventory and all facilities with care.

8.2 In particular, the following house rules apply:

• Smoking is prohibited throughout the accommodation and permitted only outdoors. This also applies to e-cigarettes, vapes, shishas and all other smoking and vaping products.
• In the event of breaches of the smoking ban, the necessary costs of cleaning, ventilation and odour neutralisation, as well as any loss of income, will be charged to the guest.
• Quiet hours must be observed.
• Parties, events and commercial use are not permitted.
• The accommodation may only be used by the registered guests. Additional overnight guests are not permitted.
• Pets are not permitted.

8.3 For video surveillance of the outdoor areas, see clause 7.

8.4 Defects must be reported to the Black Cockatoo Lodge without delay during the stay so that they can be remedied. If the guest fails to make a reasonable report, this may be taken into account when assessing any claims. The guest's statutory rights remain reserved.

8.5 Use of the accommodation for unlawful purposes is prohibited.

8.6 The guest is liable for all damage, soiling and impairment caused during the stay to the accommodation, the inventory, the technical facilities and the keys handed over, insofar as caused by the guest, fellow travellers or visitors.

8.7 Any damage identified must be reported to the Black Cockatoo Lodge without delay.

8.8 The costs of repair, replacement, restoration or additional cleaning may be offset against a deposit paid (clause 5). If the costs exceed the deposit, or if no deposit was charged, the Black Cockatoo Lodge is entitled to invoice the uncovered amount to the guest separately.

Subsequent claims for damage

8.9 The Black Cockatoo Lodge notifies the guest of any damage identified by e-mail without delay, usually within 14 days after departure. The notification contains a description of the damage and the amount claimed in CHF; supporting documents (e.g. photos, invoices or quotes) are provided on request. Payment is made via the payment link sent by e-mail and is due within 30 days.

8.10 Within this period, the guest may dispute the claim in writing, stating reasons, to [email protected]; the Black Cockatoo Lodge reviews the objection and adjusts the claim if appropriate. Only costs actually incurred and proven are invoiced; normal wear and tear resulting from use in accordance with the contract is not charged.

8.11 The guest's liability is governed by the statutory provisions (in particular Art. 97 et seq. and Art. 101 CO). Further statutory claims of the Black Cockatoo Lodge and recourse to the courts (clause 13) remain reserved.

8.12 In the event of loss of keys, remote controls or other access devices handed over, the guest is liable for the resulting costs.

8.13 In the event of serious or repeated breaches of these provisions, the Black Cockatoo Lodge is entitled to terminate the accommodation contract without notice and to exclude the guest from further use of the accommodation. In this case the price of the stay is not refunded; however, expenses saved and income from letting the accommodation to others are credited.

9. Liability of the Lodge

9.1 For items brought into the accommodation by the guest, the Lodge is liable in accordance with the statutory provisions on the liability of innkeepers (Art. 487 et seq. CO), insofar as these apply to the letting of a furnished holiday apartment.

9.2 Otherwise, to the extent permitted by law, the Lodge is only liable for damage it has caused intentionally or through gross negligence. This applies in particular to the guest's vehicles and their contents. Liability for damage resulting from injury to life, body or health, as well as liability under mandatory statutory provisions, remains unaffected.

9.3 The guest's liability is governed by clause 8.

10. Force majeure

10.1 The Lodge is not liable for the non-performance or delayed performance of its contractual obligations insofar as this is due to force majeure or other unforeseeable circumstances for which the Lodge is not responsible.

10.2 These include in particular natural events, official orders, pandemics, epidemics, war, terrorist attacks, strikes, power supply failures and comparable events outside the Lodge's sphere of influence.

10.3 Statutory claims of the contracting parties remain unaffected.

11. Data protection

11.1 Personal data is processed in accordance with the applicable data protection provisions.

11.2 Personal data is processed exclusively for the purposes of performing the contract, fulfilling legal obligations and safeguarding legitimate interests, insofar as permitted by law. Payments are processed via Stripe; card data is processed exclusively by Stripe and cannot be viewed by the Lodge.

11.3 Details of data processing are set out in the Lodge's separate privacy policy.

12. Changes and availability

12.1 All offers, prices, features, service descriptions and other information provided by the Lodge are subject to change and non-binding, unless expressly agreed otherwise.

12.2 The Lodge reserves the right to change offers, prices, furnishings, service descriptions and other information for future bookings at any time. Bookings already confirmed are not affected by price changes.

12.3 Obvious errors, in particular typing, printing, calculation, transmission and pricing errors, remain reserved and entitle the Lodge to correct, adjust or challenge the contract in accordance with the statutory provisions.

13. Place of jurisdiction and applicable law

13.1 All legal relationships between the guest and the Lodge are governed exclusively by substantive Swiss law, to the exclusion of all conflict-of-laws rules and international conventions, insofar as their application can be excluded.

13.2 The place of jurisdiction for all disputes arising from or in connection with the accommodation contract, the General Terms and Conditions or the stay at the Lodge is Saanen, insofar as permitted by law.

13.3 For consumers, the mandatory statutory places of jurisdiction apply, in particular at the guest's place of residence or at the location of the accommodation (Oberdiessbach).

14. Final provisions

14.1 Should any provision of these General Terms and Conditions be or become invalid, unenforceable or void in whole or in part, the validity of the remaining provisions remains unaffected.

14.2 The invalid, unenforceable or void provision is replaced by a provision deemed agreed that comes as close as legally permissible to the economic purpose of the provision concerned.

14.3 Amendments, additions and side agreements to these General Terms and Conditions must be made in a verifiable form (e.g. e-mail) to be effective.

Last updated: October 2026

Privacy Policy

We take the protection of your personal data seriously and treat your personal data confidentially and in accordance with the Swiss Federal Act on Data Protection (FADP) and, where applicable, the EU General Data Protection Regulation (GDPR).

1. Controller

B & S Bau & Sanierung GmbH, trading under the brand “Black Cockatoo Lodge” · Gsteigstrasse 111a · 3783 Grund bei Gstaad · Switzerland · [email protected]

2. Data collected for bookings and enquiries

When you submit a booking request via the booking form on this website, we process the data you provide (first and last name, e-mail address, telephone number, address including country, arrival and departure dates, number of guests, expected arrival time, purpose of travel [business/private] and your message) to review and process your booking. The booking is recorded in our booking and channel management system operated by Smoobu GmbH (Berlin, Germany) as processor. Privacy policy: smoobu.com

Payments (price of the stay, deposit, any extensions and refunds) are processed by the payment service provider Stripe (Stripe Payments Europe Ltd., Ireland, and Stripe, Inc., USA). You enter your payment details directly with Stripe; we do not receive any card data, only information on the payment status and amount. Privacy policy: stripe.com

To comply with statutory reporting and registration obligations (in particular the reporting obligation for accommodation providers and cantonal guest register regulations), we collect the guest data required for this purpose; for foreign guests, the collection of identity document data may be required.

If you contact us by e-mail, we process the information you provide solely to answer your enquiry. The data is not passed on to third parties or used for other purposes.

Where the GDPR applies, we base this processing on the performance of a contract or pre-contractual measures (Art. 6(1)(b) GDPR), on legal obligations (lit. c) and on our legitimate interest in the secure and functional operation of the website (lit. f).

3. Booking platforms

Bookings via third-party platforms such as Airbnb or Booking.com are subject to the privacy policies of those platforms.

4. Hosting and third-party services

When you visit the website, technically necessary access data (in particular IP address, date and time, page accessed, browser type) is processed in server logs to ensure the operation and security of the website.

• netcup GmbH (Karlsruhe, Germany) — hosting of this website (servers in Germany). Privacy policy: netcup.de
• Smoobu — booking and channel management system (see section 2). Privacy policy: smoobu.com
• Stripe — payment processing (see section 2). Privacy policy: stripe.com
• Google Maps — embedded map material from Google LLC. The map is only loaded after your consent (consent in the cookie notice or clicking “Load map”); only then is connection data (including your IP address) transmitted to Google. Privacy policy: policies.google.com/privacy
• Fonts — the fonts used are loaded from our own server; there is no connection to Google Fonts.
• Infomaniak Network SA (Geneva, Switzerland) — e-mail hosting for [email protected]. Privacy policy: infomaniak.com
• Cloudflare — reverse proxy, DNS and protection against attacks for the domain blackcockatoolodge.com, as well as delivery of program libraries via Cloudflare, Inc.’s cdnjs content delivery network; all access data (including your IP address) is routed through Cloudflare. Privacy policy: cloudflare.com

5. Your rights

Within the scope of applicable law, you have the right to access, rectification, erasure, restriction of processing, objection and data portability. Please send requests to: [email protected]

You also have the right to lodge a complaint with the Federal Data Protection and Information Commissioner (FDPIC, www.edoeb.admin.ch); guests resident in the EU may contact their local data protection supervisory authority.

6. Cookies and local storage

This website uses only technically necessary cookies: session and security cookies required for the booking form, and a cookie that stores your choice in the cookie notice. You can withdraw your consent to loading Google Maps at any time via “Cookie settings” at the bottom of the screen. We do not use any tracking or marketing cookies. Embedded third-party services (in particular Google Maps and Stripe’s payment page) may set their own cookies; the privacy notices of the respective provider apply.

7. Disclosure of personal data abroad

In connection with the operation of the website and the processing of bookings, personal data may be disclosed to service providers abroad:

• netcup GmbH and Smoobu GmbH — Germany, and Stripe Payments Europe Ltd. — Ireland. The level of data protection in the EU is considered adequate (recognised by the Swiss Federal Council).
• Stripe, Inc., Google LLC (Google Maps, only after your consent) and Cloudflare, Inc. — USA. Disclosure is based on the Swiss-U.S. Data Privacy Framework, insofar as the respective company is certified, or on the EU standard contractual clauses in the version recognised by Switzerland.

On request, we will provide information on the safeguards agreed ([email protected]).

8. Retention period

We retain booking and invoicing data for ten years to comply with statutory retention obligations (Art. 958f CO). Data from mere enquiries is deleted as soon as it is no longer required to answer them, at the latest after 12 months. Video recordings are deleted in accordance with clause 7 of the T&Cs.

9. Data security

We take appropriate technical and organisational measures to protect your data against loss, misuse and unauthorised access; data is transmitted in encrypted form (HTTPS). No automated individual decision-making takes place.