Conditions
GENERAL CONTRACTUAL PROVISIONS
to the rental agreement
1. Purpose of rental, conclusion of contract, terms of payment
The rental property may only be used for private holidays. Any commercial or other use is excluded. With his signature, the lessee confirms that he is capable of acting according to the law of his country of residence
(but at least 18 years of age) and can legally conclude contracts. Down payment, final payment are recorded in the contract. The contract between the tenant and the landlord is concluded when the contract signed by the tenant has arrived at the landlord. If the signed contract does not reach the landlord by the agreed date, the landlord can rent the property to someone else without further notice and without being liable for compensation. If the down payment and the remaining amount do not reach the landlord by the agreed date, the landlord can, after a short period of grace has expired without success, rent the property to someone else without being liable for compensation; however, he can also insist on the fulfillment of the contract. The tenant acknowledges that subletting, the assignment of the rent or the letting of the rented property to anyone other than the person named in the contract is excluded.
2. Additional costs / any damage
The ancillary costs (such as electricity, gas, heating, etc.) are included in the rent. Taxes such as tourist taxes are not included in the rent. The landlord can demand a deposit for any damage.
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3. Arrival, handover of the rental property; complaints
The rental property is handed over to the tenant in a clean and contractual condition. If there are defects or the inventory is incomplete upon handover, the tenant must report this to the landlord immediately. Otherwise it is presumed that the rental property has been handed over in perfect condition. If the tenant accepts the property late or not at all, the entire rental price remains due. The tenant is responsible for a timely arrival. Any obstacles to arrival
(such as traffic congestion, closed roads, etc.) are his responsibility.
When arriving from abroad, the tenant orientates himself in good time about the entry requirements for Switzerland.
The landlord is entitled to request an identity card from the persons to verify their identity. Persons who are not named in the rental agreement may be expelled. The rent remains due in full.
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4. Housemates and Guests
The tenant is responsible for and is responsible for ensuring that the housemates, including guests, comply with the obligations of this contract.
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5. Careful use
The rental property may not be occupied by more than the number of people specified in the contract. 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 rental property with care, to comply with the house rules and to show consideration for the other residents and neighbors. In the event of any damage, etc., the landlord must be informed immediately. Assignment of rent or sublease 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 contractually agreed number of people, the landlord can terminate the contract without notice and without compensation after unsuccessful written warning.
In this case, the rent remains due. Subsequent claims and claims for damages remain reserved.
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6. Return of the rental property
The rental property is to be returned on time in a proper condition, including the inventory. The rental property must be cleaned before it is returned. This obligation does not apply unless this has been expressly agreed with the landlord.
If the rental object is returned in an uncleaned or insufficiently cleaned condition, the landlord can arrange for the cleaning to be carried out at the expense of the tenant. The tenant is liable for damages and missing inventory.
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7. Cancellation and early return of the rental property
The tenant can withdraw from the contract at any time under the following conditions:
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Cancellation conditions:
Free of charge up to 30 days before arrival, with a refund of the 10% deposit.
Up to 14 days before arrival 50% of the apartment price
Up to 3 days before arrival 75% of the apartment price
Less than 3 days before arrival 100% of the apartment price
Processing fee flat rate 50.- Swiss francs
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The decisive factor for calculating the cancellation fee is the receipt of the notification by the landlord during normal office hours between 2 p.m. and 6 p.m. (in the case of arrival on Saturdays, Sundays and public holidays, the next working day applies; the public holiday regulations and time zone at the (residential) seat of the The lessee has the right to prove that the lessor suffered minor damage as a result of the cancellation.
Substitute tenant: The tenant has the right to propose a substitute tenant. This must be reasonable and solvent for the landlord. The landlord must expressly agree to the replacement tenant. The substitute tenant enters into the contract under the existing conditions. Tenants and replacement tenants are jointly and severally liable for the rent. If the rented property is returned early or if the rent is terminated, the entire rent remains due. The tenant has the right to prove that the landlord was able to sublet the property or made savings. The landlord is not liable either in the case of cancellation of the rental contract or in the event of premature return of the rental property or The termination of the rental obligation to actively seek a replacement tenant.
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8. Force majeure etc.
If force majeure (environmental disasters, natural disasters, etc.), official measures, unforeseeable or unavoidable events prevent the rental or its continuation, the lessor is entitled (but not obliged) to offer the lessee an equivalent replacement property to the exclusion of compensation claims. 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.
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9. Renter's Liability
The tenant is liable for all damage caused by him or housemates, including guests; fault is assumed. If damage is determined after the rental object has been returned, the tenant is also liable for this if the landlord can prove that the tenant resp. his housemates or guests) caused the damage.
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10. Lessor Liability
The landlord is responsible for a proper reservation and contractual fulfillment of the contract.
The lessor's liability is excluded to the extent permitted by law. In particular, liability is excluded for actions and omissions on the part of the tenant (including housemates and guests), unforeseeable or unavoidable omissions by third parties, force majeure or events which the landlord, 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 railways, slopes, shop opening times, etc. are for information purposes only and do not obligate the landlord under any legal title.
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11. Privacy
The landlord is subject to the Swiss Data Protection Act and processes the data in accordance with these regulations. The landlord will process the data transmitted to him in accordance with the legal requirements (possibly with a third party) so that the contract can be correctly fulfilled. The landlord can inform the tenant about his offers in the future.
If the tenant does not want to receive this service, he can contact the landlord directly. The respective information will contain a corresponding notice regarding the termination of this service. According to local legislation, the landlord may be obliged to register the tenant and his housemates with local authorities.
The lessor reserves the right to use the data of the lessee or of housemates and guests to the responsible authorities or to commission third parties to enforce their rights. If there are any questions about data protection, the tenant should contact the landlord directly.
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12. Governing Law and Jurisdiction
Swiss law is applicable. The location of the rented property is agreed as the exclusive place of jurisdiction. Mandatory applicable statutory provisions to the contrary remain reserved.
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ADDITIONAL AGREEMENT TO THE RENTAL AGREEMENT FOR FURNISHED APARTMENT USE OVER THE
USE OF THE WIFI
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It is used by entering a code. This is only handed out to tenants who accept the following user agreement:
The tenant assumes the responsibility that all roommates resp. Guests of the holiday property adhere to this usage agreement and, in the event of omission, shall indemnify the landlord against all claims.
The use is free of charge and limited to the duration of the presence in the holiday apartment. The landlord cannot guarantee the actual availability of internet access. The code must not be passed on to third parties.
By issuing the code, the landlord assumes no obligations. The use takes place according to the technical possibilities. In particular, the user is not entitled to use the WLAN in any specific way or for a specific period of time. The use may only take place within the scope of the usual during a holiday stay. In the case of commercial and/or excessive use, the landlord may block the WLAN access.
Any liability for warranty and damages etc. is hereby excluded. In particular, no liability is assumed for the content of websites accessed or files downloaded. Furthermore, no liability is accepted for any malicious programs (such as viruses, etc.) through the use of the
Wi-Fi taken over. The user expressly acknowledges that the WLAN only allows access to the Internet, but does not contain any virus protection or firewall. The user is responsible for this. The data is transmitted unencrypted. It is the user's responsibility to provide appropriate protection.
Accessing pages with illegal content and downloading illegal or immoral content is prohibited.
The user is expressly prohibited from using the WLAN to upload or otherwise disseminate illegal, immoral or copyrighted content.
The tenant confirms that he accepts and signs the landlord's release from liability contained in this declaration, also on behalf of the flatmates. Tenants and roommates are hereinafter referred to as "users".
Any improper use of the WLAN, in particular any use that may have adverse legal consequences for third parties or the landlord and any interference with the WLAN device (software and hardware), is prohibited.
Should the lessor be exposed to third-party claims for any reason as a result of the use of the WLAN by the user, the lessee is obliged to indemnify and hold the lessor harmless in this regard.
If the terms of use are violated or if a violation is suspected, the use of the WLAN can be blocked at any time without giving reasons. Liability for data loss is expressly excluded.
If there is reasonable suspicion of a criminal offence, the lessor is entitled to inform the responsible authorities about the lessee and/or the user (including their addresses). Furthermore, the landlord is entitled to provide the authorities with the personal details and address of the tenant and/or the user at the request of the authorities.