General Conditions of the Lease Agreement and Data Privacy Statement
1. Permitted use, conclusion of agreement, conditions of payment The rental property shall only be used for private holidays. Any commercial or other use is strictly forbidden. With his signature, the lessee confirms that according to the laws of his country of residence, he is capable of acting (but at least 18 years of age) and concluding legally binding contracts. Advance payment, residual payment and deposit if applicable are set out in the agreement. The agreement between the lessee and the lessor shall be concluded when the agreement, signed by the lessee, is received by the lessor by the date indicated in the agreement. The transfer costs shall be borne by the lessee (“OUR payment”). If the signed agreement fails to reach the lessor by the agreed date, the latter may lease the property to other parties without further notification and without liability to pay compensation. Should the lessor not receive the advance payment, residual payment and/or deposit by the agreed date, he is entitled, after the unsuccessful expiration of a brief grace period, to re-let the property without liability to pay compensation; he is also entitled to demand contractual fulfilment and request the cancellation charges as defined in Section 8. The lessor shall inform the lessee without delay. Failure to honour a credit card payment, or its revocation, is deemed to be a cancellation of the lease agreement. In this case, the conditions under “Cancellations and premature return of the leased object” in Section 8 shall apply. The lessee takes note that only the persons whose names are listed in the Agreement shall reside in the rental property. The lessee is not permitted to sublet, to assign the rent or to cede the rental property to anyone other than the fellow occupants whose names are listed in the Agreement (also see Section 8).
2. Additional costs The additional costs (such as electricity, gas, heating, etc.) are included in the rent unless they are explicitly stated in the agreement. Additional costs not included in the rent are calculated at the end of the lease period and must be paid in cash (CHF) before leaving. Charges such as health resort taxes are generally not included in the rent.
3. Deposit The lessor is entitled to demand a deposit. This is set out in the agreement. Among other things, the deposit serves to cover the additional costs and final cleaning costs as well as damages/claims for compensation, etc. The deposit will be settled at the end of the lease agreement. If at this time, the amount to be covered by the deposit is yet to be determined or if the lessee refuses to pay it, the lessor, or the key holder on behalf of the lessor, is entitled to retain the deposit in whole or in part. In such cases, once the amount is definitely known, the lessor shall prepare a statement for the lessee and pay/transfer to the lessee any balance in his favour, where the costs of the transfer are to be borne by the lessee. Any balance in favour of the lessor is payable within 10 days after receipt of the statement (all of the transfer costs will be borne by the lessee, “OUR payment”). The lessor’s claims are not restricted to the amount of the deposit.
4. Arrival, handover of the leased property, complaints The leased property shall be handed over to the lessee in clean and contractual condition. If any defects are present or if the inventory is incomplete when the property is handed over, the lessee must immediately submit a complaint to the key holder/lessor, pointing this out. Otherwise it shall be assumed that the leased property was handed over in perfect condition. If the lessee is late in occupying the property, or if he fails to occupy the property at all, the full rent shall remain due. The lessee is self-responsible for a punctual arrival. Possible hindrances to the arrival (such as heavy traffic, closed roads, etc.) are within the responsibility of the lessee. Lessees arriving from abroad are responsible for obtaining information regarding the entry requirements for Switzerland in due time. The lessor/key holder has the right to ask for a person’s passport or identity card as a proof of identity. Furthermore, the lessor/key holder is permitted to reject any persons whose names are not listed in the Agreement. The rent remains payable in full.
5. Housemates and guests The lessee is responsible for ensuring and guarantees that housemates, including guests comply with the obligations arising from this agreement.
6. Careful use The leased property may not be occupied by more than the number of persons specified in the agreement (including children under the age of 16). Pets (this term includes dogs, cats, birds, reptiles, rats, ferrets, guinea pigs, hamsters, etc.) are not allowed. The lessee undertakes to use the leased property with care, to observe the house rules and to behave with consideration for other house occupants and neighbours. In the event of damage, the lessor/key holder is to be informed immediately. It shall not be permitted to assign the rent, sublet, or otherwise transfer the lease to persons not listed in the Lease Agreement, etc. (also see section 8). In the event of serious infringement of the duty of careful use by the lessee, housemates or guests, or if the apartment is occupied by more than the contractually agreed number of persons, the lessor / key holder is entitled to terminate the agreement without notice and without reimbursement if his written warning goes unheeded. In this case, the rent shall remain due for payment. This is subject to additional claims and claims for damages.
7. Handing back the leased property The leased property is to be handed back on time, complete and in proper condition. Whether the final cleaning is included in the rent or whether it is separately stipulated, the lessee is nevertheless responsible to clean the kitchen furnishings, including tableware and cutlery and the refrigerator. If the leased property is handed over in an unclean or insufficiently cleaned condition, the lessor is entitled to have the cleaning carried out at the lessee’s expense. The lessee is liable to pay compensation for damage to the furnishings and missing items, etc.
8. Cancellations and premature return of the leased object The lessee may withdraw from the agreement at any time, subject to the following conditions:
- up to 5 days prior to arrival: no fee
- up to 1 day prior to arrival: 50% of the rent
- no-shows: 100% of the rent
Receipt of the notice by the lessor or the booking agency during normal office hours between 9 a.m. and 5 p.m. is authoritative for the calculation of the cancellation charges (if received on a Saturday, Sunday or legal holiday, the next business day applies; this rule is based on the legal holidays and the time zone in effect at the residence or office of the lessor or booking agency). This rule also applies to notices delivered via e-mail, text message, Internet, fax, etc. or to the telephone answering machine. The lessee has the right to prove that the lessor incurred a lower loss as a result of the cancellation. Substitute lessee: The lessee has the right to propose a substitute lessee who must be solvent and acceptable to the lessor. The lessor must give his express consent to this substitute lessee. The substitute lessee shall enter into the agreement subject to the existing terms and conditions. The lessee and the substitute lessee shall be jointly and severally liable for the rent. In the event of discontinuation of the lease or premature handing back of the leased property, the rent is owed in full. The lessee has the right to prove that the lessor was able to re-lease the property or that he achieved savings. If the lease agreement is cancelled or if the leased property is prematurely returned or if the lease is discontinued, the lessor is not obligated to actively seek a substitute lessee.
9. Force majeure, unforeseeable or unavoidable circumstances, etc. If the leasing or the continuation thereof should be prevented by force majeure (environmental disasters, natural disasters, , etc.), government regulations, unforeseeable or unavoidable events, the lessor is entitled (but not obligated) to offer an equivalent substitute property to the lessee, subject to the exclusion of claims for compensation. If the services cannot be provided or if they cannot be provided in full, the amount paid or the corresponding share for services not provided will be reimbursed, subject to the exclusion of further claims.
10. Lessee’s liability The lessee is liable for all damage caused by the lessee or housemates, including guests. Fault is presumed. If damages should be found after the return of the leased property, the lessee is also liable for these, provided that the lessor can prove that the lessee (or his housemates or guests) have caused the damage.
11. Lessor’s liability The lessor guarantees proper reservation and contractual fulfilment of the agreement. The liability of the lessor is excluded to the extent permitted by law. Liability is excluded especially for acts and omissions on the part of the lessee (including housemates and guests), unforeseeable or unavoidable omissions by third parties, force majeure or events which the lessor, key holder, agent or other persons called upon by the lessor could not foresee or avoid despite all due care. Descriptions of infrastructure or tourism-related facilities, such as sports facilities, swimming pools, tennis courts, public transportation, mountain railways, ski slopes, store opening hours, etc. are intended for information only and are not binding upon the lessor under any legal title.
12. Data protection* The lessor is subject to the data protection laws of Switzerland and shall process the data in accordance with these regulations. The lessor shall process the data provided to him in accordance with the statutory requirements (or, if necessary, have it processed by a third party) and, to the extent necessary, communicate such data to the key holder, etc. to ensure that the agreement can be properly fulfilled. Based on the local laws, the lessor and/or the key holder may be obligated to register the lessee and his housemates with the local authorities. To protect legitimate interests or in the event that a criminal act is suspected, the lessor reserves the right to disclose the lessee’s data and/or those of his housemates and guests to the responsible authorities or request third parties to enforce his rights. The lessor may inform the lessee of his rental offers in the future. If the lessee should not wish to receive this service, the lessee may contact the lessor directly. Any such information shall contain a notice regarding the termination of this service. The lessee shall contact the lessor directly for any questions regarding data privacy.
13. Applicable law and place of jurisdiction Swiss law shall be solely applicable. It is agreed that the locality where the leased property is situated shall be the exclusive place of jurisdiction. Subject to mandatory contractually unchangeable provisions of law.
Supplemental agreement to the lease agreement for a furnished holiday apartment / furnished holiday home for private use regarding the use of WLAN
The use of WLAN requires entering a code. The code is only provided to lessees who accept the agreement of use below and confirm acceptance by their signature:
- The lessee is responsible for ensuring that all co-lodgers and guests of the leased property comply with this agreement of use and will protect the lessor against any claims in case of default.
- The lessee confirms that the lessor’s exclusion of liability contained in this statement is also accepted and signed on behalf of all co-lodgers and guests. Hereinafter, lessee, co-lodgers and guests are referred to as «user(s)».
- Usage is subject to payment and limited to the time of the presence in the holiday apartment/holiday home. The lessor cannot guarantee that Internet access is actually available. The code must not be passed on to any third parties. The code expires at the end of a certain time period. A new code may be requested. Information on this is available from the lessor.
- The lessor assumes no obligations by the provision of the code. Usage is based on the technical possibilities. In particular, the user has no right to claim the use of the WLAN for any specific purpose or any specific duration. The WLAN shall only be used for a generally accepted amount of time during holidays. Any commercial and/or excessive use may result in the blockage of the WLAN access by the lessor.
- Any liability for warranties and claims for damages, etc. are hereby expressly excluded. The lessor does not guarantee unlimited access to WLAN or Internet and is therefore not liable for the consequences of interruptions and breakdowns as well as the loss of data, etc. In particular, no liability shall be accepted for the content of websites viewed or any downloaded data. Furthermore, no liability shall be accepted for any malicious programmes (i.e. viruses, etc.) which may be downloaded through the use of the WLAN. The user expressly takes note that the WLAN only allows access to the internet, but does not provide any virus protection or firewall. The latter are the user’s sole responsibility. The transmission of data is not encrypted. It is the responsibility of the user to get adequate protection.
- The user is explicitly prohibited from using WLAN to upload data, files, videos, etc. or otherwise disseminate in any way any unlawful, immoral, racist or copyright protected contents, to invoke criminal offenses or to manipulate software and hardware as well as devices and equipment of any kind. Sending out SPAM, etc. is prohibited. This provision applies accordingly to calling up websites and/or to downloading data, files, videos, etc.
- Any misuse of the WLAN connection is prohibited. In particular, any use which may result in adverse legal consequences for third parties or the lessor and any interferences with the WLAN equipment (software and hardware) are prohibited.
- The lessee is liable for damages caused by the use of WLAN. If the lessor should be exposed to third-party claims for any reason as a result of the user’s use of WLAN, the lessee is obligated to indemnify and hold the lessor harmless without delay.
- In the event of a violation of these conditions of use or in the event of a suspected violation the use of WLAN may be blocked at any time without providing any reasons. Any liability for the loss of data is explicitly excluded.
- The lessor has the right to notify the responsible authorities of the lessee and/or the users (including their addresses) in the event of justified suspicion of a criminal offense. In addition, the lessor has the right to provide personal information, including the address of the lessee and/or the users upon request of the authorities.
- This agreement of use of WLAN is part of the lease agreement and subject solely to Swiss law. The place of exclusive jurisdiction is agreed to be the place of the leased property.