General contractual conditions for the rental agreement and data protection declaration
1. Purpose of rental, conclusion of contract, payment conditions The rental property may only be used for private vacations. Any commercial or other use is excluded. With the deposit, the tenant confirms that he is capable of acting in accordance with the law of his country of residence (but is at least 18 years old) and can legally conclude contracts. Deposit, final payment and any deposit are recorded in the contract. The contract between the tenant and landlord is concluded when the deposit has been received by the landlord. The transfer costs are borne by the tenant (“OUR payment”). If the down payment, the remaining amount and/or the deposit are not received by the landlord by the agreed date, the landlord can, after a short grace period has elapsed, rent the property to someone else without being liable for compensation; However, he can also insist on the fulfillment of the contract and demand the cancellation costs in accordance with Section 8. The landlord informs the tenant immediately. If a credit card payment is not honored or revoked, this is considered a cancellation (cancellation) of the rental agreement and the conditions “Cancellation and early return of the rental property” Section 8 apply. The tenant acknowledges that the property may only be occupied by the persons named in the contract. Subletting, assigning the rent or leaving the rental property to anyone other than the housemates named in the contract are excluded (see also section 8).
2. Additional costs Additional costs (such as electricity, heating, etc.) are included in the rental price unless they are expressly stated in the contract. Additional costs not included in the rental price will be billed at the end of the rental and must be paid in cash in CHF before departure. Taxes such as tourist taxes are usually not included in the rental price.
3. Depot The landlord can request a deposit. This is listed in the contract. The deposit is used to cover, among other things, additional and (subsequent) cleaning costs as well as damages/claims for compensation, etc. The deposit will be used for settlement at the end of the rental agreement. If the amount to be covered by the deposit cannot yet be determined at this point or if the tenant refuses to pay it, the landlord or the key holder retains the deposit in full or in part on behalf of the landlord. In this case, as soon as the amount is definitely determined, the landlord will issue a statement to the tenant and pay out/transfer any balance in favor of the tenant, whereby the costs of the transfer are borne by the tenant. Any balance in favor of the landlord must be paid within 10 days of receipt of the statement (the entire transfer costs are borne by the tenant, “OUR payment”). The landlord's claim is not limited to the amount of the deposit.
4. Arrival, handover of the rental property; Complaints The rental property is handed over to the tenant in a clean and contractually agreed condition. If there are defects upon handover or the inventory is incomplete, the tenant must immediately report this to the key holder/landlord. Otherwise it is assumed that the rental property was handed over as being in perfect condition. Should the tenant take over the property late or not at all, the entire rental price remains owed. The tenant is responsible for arriving on time. Any obstacles to travel (such as traffic congestion, closed roads, etc.) are his responsibility. When arriving from abroad, the tenant is responsible for finding out about the entry requirements for Switzerland in good time. The landlord or Key holder is entitled to request an ID card from people to verify their identity. People who are not listed by name in the rental agreement may be turned away. The rent remains owed in full.
5. Housemates and guests The tenant is responsible for ensuring that the housemates, including guests, comply with the obligations of this contract.
6. Careful use The rental property may only be occupied by a maximum of the number of people listed in the contract (including children under 16 years of age). Pets (including dogs, cats, birds, rats, ferrets, guinea pigs, hamsters, etc.) are allowed unless something else has been 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 neighbors. In the event of any damage, etc., the landlord/key holder must be informed immediately. Assignment of the rent, subletting or other transfers to persons who are not listed in the rental agreement, etc. are not permitted (see also Section 8). If the tenant, housemates or guests seriously violate the obligations of careful use or if the apartment is occupied by more than the contractually agreed number of people, the landlord/key holder can terminate the contract without notice and without compensation after an unsuccessful written warning. In this case, the rent remains owed. We reserve the right to make additional claims and compensation claims.
7. Return of the rental property The rental property must be returned on time and in good condition, including inventory. The rental property must be cleaned before return. This obligation only lapses if this has been expressly agreed with the landlord. If the final cleaning is included in the rental price or has been agreed upon additionally, the tenant is still responsible for cleaning the kitchen equipment, including dishes and cutlery and the refrigerator. If the rental property is returned in an uncleaned or insufficiently cleaned condition, the landlord can arrange for the cleaning to be carried out at the tenant's expense. The tenant is liable for damages to the furnishings and missing inventory, etc.
8. Cancellation and early return of the rental property The tenant can withdraw from the contract at any time under the following conditions:
up to 42 days before arrival: CHF 100 processing fee
41 to 10 days before arrival: 50% of the rental price
9 to 0 days before arrival, no-show: 100% of the rental price
The decisive factor for calculating the cancellation fee is the receipt of the notice by the landlord or the booking office during normal office hours between 9 a.m. and 5 p.m. (if it arrives on Saturdays, Sundays and public holidays, the next working day applies; the holiday regulations and time zone on (residential) are decisive -) Location of the landlord or booking office). This regulation also applies to messages sent via email, SMS, internet, fax, etc. or to the telephone answering machine. The tenant has the right to prove that the landlord suffered minor damage as a result of the cancellation. Replacement tenant: The tenant has the right to propose a replacement tenant. This must be reasonable and solvent for the landlord. The landlord must expressly agree to the replacement tenant. The replacement tenant enters into the contract under the existing conditions. The tenant and replacement tenant are jointly liable for the rent. If the rental property is returned early or the rental is canceled, the entire rent remains owed. The tenant has the right to prove that the landlord was able to sublet the property or made savings. The landlord is not responsible for cancellation of the rental agreement or early return of the rental property. If you cancel your rental, you are obliged to actively seek a replacement tenant.
9. Force majeure, unforeseeable or unavoidable circumstances, etc. If force majeure (environmental disasters, natural forces, etc.), official measures, unforeseeable or unavoidable events prevent the rental or its continuation, the landlord is entitled (but not obliged) to offer the tenant an equivalent replacement property, excluding 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, excluding further claims.
10. Liability of the tenant The tenant is liable for all damage caused by him or his housemates, including guests; fault is assumed. If damage is discovered after the rental property has been returned, the tenant is also liable for this, provided the landlord can prove that the tenant (or his housemates or guests) caused the damage.
11. Liability of the landlord The landlord is responsible for a proper reservation and contractual fulfillment of the contract. The landlord's liability is excluded to the extent permitted by law. Liability is particularly excluded 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, key holder, agent or other persons called in by the landlord do not foresee despite due care could avert. Descriptions of infrastructure and tourist facilities such as sports facilities, swimming pools, tennis courts, public transport, mountain railways, slopes, shop opening times, etc. are purely informational and do not bind the landlord under any legal title.
12. Data Protection 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 (or, if necessary, have it processed by a third-party company) and, if necessary, transmit it to the key holder, etc. so that the contract can be correctly fulfilled. According to local legislation, the landlord and/or key holder may be obliged to register the tenant and his or her household members with local authorities. The landlord reserves the right to use the tenant's data in order to pursue legitimate interests or if a criminal offense is suspected. of housemates and guests to the responsible authorities or to commission third parties to enforce his rights. The landlord can inform the tenant about his offers in the future. If the tenant does not want to receive this service, he or she can contact the landlord directly. A corresponding notice regarding the termination of this service will be included in the respective information. If there are any questions about data protection, the tenant should contact the landlord directly.
13. Applicable Law and Place of Jurisdiction Only Swiss law applies. The location of the rental property is agreed as the exclusive place of jurisdiction. Mandatory, contractually applicable legal provisions that cannot be changed remain reserved.
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