TERMS OF SERVICE

 

Purpose of rental, conclusion of contract, terms of payment

The rental object may be used exclusively for private vacations. Any commercial or other use is excluded. The tenant confirms with his definite reservation of the accommodation that he is capable of acting according to the law of his country of residence (but at least 18 years old) and can legally conclude contracts. Rental price, rental deposit and rental conditions are explained on the booking platform and recorded in the booking confirmation to the tenant.

With the definitive reservation, the tenant explicitly and fully agrees to all rental conditions and bindingly assures to abide by the rules for the stay. The contract between the Lessee and the Lessor is concluded when the reservation has been definitively confirmed by the Lessee, a booking confirmation has been sent to the Lessee at the e-mail address provided by the Lessee and the rental amount owed has been transferred by the Lessee to the Lessor. If the reservation is confirmed by the tenant and the owed rental amount including deposit has not been received by the landlord, the landlord may, without further notice and without becoming liable to pay compensation, rent the object to another party or also insist on the fulfillment of the contract. The Lessee acknowledges that the object may be occupied only with the responsible contact person named in the contract. Subletting, assignment of the rent or leaving the rented object to others than the housemates named in the contract are excluded.

 

Additional costs

Incidental expenses (such as electricity, gas, heating, etc.) are included in the rental price, unless they are expressly stated in the contract. Additional costs not included in the rental price, such as additional wood for the fireplace, will be charged at the end of the rental period and must be paid in cash in CHF before departure. Taxes such as visitor's tax are included in the rental price.

 

Deposit

In addition to the rental price, a deposit is paid by the tenant at the time of booking. The deposit serves to cover

  • extraordinary cleaning costs, if the apartment is not left in a tidy and orderly condition

  • for special additional costs that are not included in the rental price (e.g. additional wood for the fireplace)

  • for damages/claims for damages,

  • additional vacation guests not declared at the time of booking

  • the effort and costs for interventions of the landlord as a result of noise emissions towards neighbors and non-compliance with the quiet hours regulation.

The deposit is settled at the end of the lease. If at that time the amount to be covered by the deposit cannot be determined or if the tenant refuses to pay it, the landlord or the keyholder may retain the deposit or part of it on behalf of the landlord. In this case, as soon as the amount is definitely determined, the Lessor shall issue a statement to the Lessee and pay/transfer any balance in favor of the Lessee to the Lessee, with the costs of the transfer to be borne by the Lessee.  Any balance in favor of the Lessor shall be paid within 10 days after receipt of the statement (all transfer costs shall be borne by the Lessee). The Lessor's claim is not limited to the amount of the deposit.

 

Arrival, handover of the rental object; complaints

The rental object will be handed over to the lessee in a clean condition and in accordance with the contract. If there are any defects or the inventory is incomplete at the time of handover, the tenant must immediately complain to the keyholder/landlord. Otherwise, it is assumed that the rental object has been handed over as in perfect condition. Should the tenant take over the object late or not at all, the entire rental price remains owed. The tenant himself is responsible for a timely arrival. Any obstacles to arrival (such as traffic congestion, closed roads, etc.) are his responsibility. If arriving from abroad, the lessee shall inform himself in good time about the entry regulations for Switzerland. The landlord or key holder is entitled to demand an identity card from the persons to verify their identity.

 

Housemates and guests

The tenant is responsible for ensuring that the housemates, including guests, comply with the obligations of this contract.

 

Careful use

The rental property may be occupied by no more than the number of persons (including children under 16 years of age) listed at the time of booking. Pets (including dogs, cats, birds, reptiles, rats, ferrets, guinea pigs, hamsters, etc.) are not allowed unless expressly agreed with the landlord. The tenant undertakes to use the rented property with care, to comply with the house rules and to show consideration to the other residents and neighbors. In the event of any damage etc., the landlord/keyholder must be informed immediately. Assignment of the rent, subletting etc. are not permitted. If tenants, housemates or guests blatantly violate the obligations of careful use or if the apartment is occupied by more than the declared number of persons, the landlord/keyholder may terminate the contract without notice and compensation after unsuccessful written warning. In this case, the rent remains owed. The right to claim subsequent damages and compensation is reserved.

 

Return of the rental object

The leased property is to be returned on time in proper condition including inventory. The rental object must be cleaned before it is returned. This obligation shall only be waived if this has been expressly agreed with the lessor.  If the final cleaning is included in the rental price or additionally agreed, the tenant is nevertheless responsible for cleaning the kitchen equipment, including crockery and cutlery. If the rental object is returned in an unclean or insufficiently cleaned condition, the landlord may arrange for cleaning at the expense of the tenant. The tenant is liable for damages and missing inventory.

 

Cancellation and early return of the rental object

 In case of cancellations, the renter will receive a full refund of the rental price paid if the cancellation is made 48 hours after the completion of the booking and the check-in date is still at least 14 days in the future. For cancellations that occur at least seven days prior to check-in, the renter will receive a 50% refund of the rental price paid. The renter is not entitled to a refund of the paid rent if the cancellation is made within 7 days prior to check-in. Substitute renter: The tenant has the right to propose a substitute tenant. This tenant must be reasonable and solvent for the landlord. The landlord must expressly agree to the substitute tenant. The substitute tenant enters into the contract under the existing conditions. Tenant and substitute tenant are jointly and severally liable for the rent. In the event of premature return of the leased property or termination of the lease, the entire rent shall remain owed. The tenant has the right to prove that the landlord was able to sublet the object or made savings. The lessor is not obliged to actively seek a replacement tenant either in the event of cancellation of the rental agreement or in the event of premature return of the rental object or termination of the rental.

 

Force majeure etc.

If force majeure (environmental disasters, force of nature, etc.), official measures, unforeseeable or unavoidable events prevent the rental or its continuation, the lessor is entitled (but not obliged) to offer the tenant an equivalent replacement object under exclusion of claims for compensation. If the service cannot be provided or cannot be provided in full, the amount paid or the corresponding share for the services not provided will be refunded to the exclusion of further claims.

 

Liability of the renter

 The tenant is liable for all damage caused by him or housemates, including guests, the fault is presumed. If damages are found after the return of the rental object, the tenant is also liable for these, provided that the landlord can prove that the tenant (or his housemates or guests) caused the damage.

 

Liability of the lessor

 The landlord is responsible for a proper reservation and fulfillment of the contract in accordance with the contract. The liability of the landlord is excluded to the extent permitted by law.  Liability is excluded in particular for actions and omissions on the part of the tenant (including housemates and guests), unforeseeable or unavoidable failures of third parties, force majeure or events which the landlord, keyholder, agent or other persons called in by the landlord could not foresee or avert despite due care. Descriptions of infrastructure and tourist facilities such as swimming pools, tennis courts, public transport, mountain railroads, ski slopes, store opening hours, etc. are for information purposes only and do not bind the lessor under any legal title.

 

Data protection

 The lessor is subject to the Swiss Data Protection Act and processes the data in accordance with these regulations. The lessor will process the data provided to him in accordance with the legal requirements (if necessary with a third party company) and, if necessary, transmit it to the key holder, etc. so that the contract can be fulfilled correctly. The Lessor may inform the Lessee about its offers in the future. If the tenant does not want to receive this service, he can contact the landlord directly. On the respective information there will be an appropriate notice to cancel this service. According to local legislation, the landlord and/or keyholder may be obliged to register the tenant and his housemates with local authorities. The Lessor reserves the right, in order to pursue legitimate interests or in case of suspicion of a criminal offense, to transmit the data of the Lessee and/or the housemates and guests to the competent authorities or to instruct third parties to enforce its rights. In case of questions regarding data protection, the tenant shall contact the landlord directly.

 

Applicable law and place of jurisdiction

Swiss law is applicable. The place of the leased property is agreed as the exclusive place of jurisdiction. Mandatorily applicable provisions of law to the contrary shall remain reserved.