1. Purpose of rental, conclusion of contract, terms of payment
The leased property may only be used for private holidays. Any commercial use or use other than that stated above is excluded. By affixing his signature, the Lessee declares that, in accordance with the law of his country of domicile, he is entitled to act (and is at least 18 years of age) and to enter into legally valid contracts. Down payment, balance and security deposit, if any, are defined in the agreement. The agreement between the lessee and the lessor is deemed to be concluded if it is duly signed by the lessee and received by the lessor by the date specified in the agreement. The costs of the transfer shall be borne by the lessee (“OUR payment”).
If the lessor does not receive the signed agreement by the agreed date, the lessor shall have the right to dispose of the property otherwise without further notice and without any obligation to pay compensation. If the lessor does not receive the down payment, the balance and/or the deposit within the agreed period, the lessor shall be entitled, after the unsuccessful expiry of a short period of grace and without any obligation to pay compensation, to dispose of the property in another manner; however, the lessor may also demand the fulfilment of the agreement and demand payment of the cancellation costs under item 8. The lessor shall inform the lessee immediately. If a credit card payment is not honoured or is withdrawn, this shall be regarded as a cancellation (reversal) of the rental agreement and the conditions set out in Section 8 “Cancellation and early return of the rented property” shall apply.
The Lessee acknowledges that the leased object may only be inhabited by the persons named in the contract. Subletting, assignment of the lease or transfer of the leased object to roommates other than those named in the contract (see also Section 8) shall be excluded.
2. Incidental expenses
Unless expressly stipulated in the contract, ancillary costs (electricity, gas, heating, etc.) are included in the rent. Ancillary costs not included in the rent are charged at the end of the rental period and must be paid in CHF cash before departure. Taxes such as tourist taxes are not normally included in the rent.
3. Deposit
The landlord may require the payment of a security deposit, as contractually defined, to cover incidental expenses and (final) cleaning, as well as any claims for damages, etc. The deposit shall be charged at the end of the rental period. This deposit will then be charged at the end of the tenancy. If the amount for which the deposit is intended cannot be determined at that time or if the Lessee refuses to pay it, the Lessor or the key holder on behalf of the Lessor may retain the deposit in full or in part. In this case, the lessor shall provide the lessee with a statement of account as soon as the amount has been determined, and shall pay any balance in favour of the lessee and charge the lessee for the administrative costs. A balance in favour of the lessor must be paid within 10 days of receipt of the statement, in which case the administrative costs shall be borne in full by the lessee (“OUR Payment”). However, the lessor’s claim shall not be limited to the amount of the deposit.
4. Arrival, Delivery of the Leased Property; Complaints
The leased property shall be delivered to the Lessee in a clean and contractually compliant condition. If there are defects or the inventory is not complete at the time of delivery, the Lessee shall notify the keyholder/Lessor immediately. In the absence of such notification, it shall be assumed that the item has been delivered in impeccable condition.
Should the Lessee take delivery of the object late or not at all, he shall still owe the full rent. It shall be the responsibility of the Lessee to reach the location in good time. Unforeseen travel disruptions (such as traffic jams, closed roads, etc.) are the responsibility of the tenant.
In the event of arrival from abroad, the Lessee shall inform himself of the entry regulations for Switzerland.
The landlord or key holder is authorised to ask persons for proof of identity. Persons not mentioned by name in the rental agreement may be expelled. The rent is due in full.
5. Housemates and guests
The tenant shall ensure, and shall be responsible for, that housemates and guests fulfil their obligations under this agreement.
6. Careful use and rules of the house
The house may not be occupied by more than four persons (including young persons under the age of 14).
The lessee undertakes to treat the rented property with care, to observe the house rules and to respect the neighbourhood. In the event of damage or otherwise, the lessor/keyholder shall be informed immediately.
Smoking is not permitted inside the house.
Events are not permitted in the house.
Disturbing and unnecessary noise is forbidden. Noises that may disturb the peace and public order are forbidden, and in particular: disturbances, shouting, immoderate singing, gunshots and any annoying or unnecessary noise in general, on public streets and squares as well as on private property within or adjacent to the city. This is without prejudice to the provisions of special laws.
Respect for the nightly rest period from 10 p.m. to 7 a.m. is required, with a ban on disturbing the nightly peace with annoying and unnecessary noise. The rule also applies to the performance of noisy work between 7 p.m. and 7 a.m. and between 12 noon and 1 p.m.
On Saturdays it is forbidden to carry out work with noisy machinery and tools before 8 a.m., between 12 noon and 1 p.m. and after 7 p.m.
This is without prejudice to local customs and traditions (such as the ringing of bells, etc.) and necessary activities (e.g. haymaking, etc.).
Except in special cases, to be authorised by the municipality, the carrying out of work or work on Sundays and other days legally recognised by the cantonal authorities is prohibited.
Any excessively noisy activity is forbidden on Sundays and public holidays.
Assignment of the tenancy, subletting or any other type of entrustment to persons not covered by the tenancy agreement (see also item 8) is not permitted.
If the tenant, housemates or guests commit a serious breach of the obligation to use the property in accordance with the contract or if the accommodation is occupied by more than the contractually agreed number of persons, the landlord/keyholder may terminate the agreement without notice and without any obligation to pay compensation following an unsuccessful written warning, without prejudice to the obligation to pay rent. Additional claims and claims for compensation remain reserved.
7. Return of the leased item
The leased item shall be returned within the agreed time limit in an orderly condition, including the inventory. The leased item shall be returned clean. This obligation shall only be waived if this has been expressly agreed with the lessor. Insofar as final cleaning is included in the price or has been agreed upon separately, the Lessee shall nevertheless be responsible for cleaning the kitchen equipment, including crockery, cutlery and the refrigerator. If the leased property is returned in an improperly cleaned condition, the lessor may have the cleaning carried out at the lessee’s expense.
The Lessee shall be liable to pay compensation for any damage to the furniture, inventory shortages, etc.
8. Cancellation and early return of the leased property
The Lessee may withdraw from the contract at any time under the following conditions:
– Full refund for cancellations up to 30 days before check-in.
– If booked less than 30 days before check-in, full refund for cancellations made within 48 hours of booking and at least 14 days before check-in.
– Thereafter, 50% refund up to 7 days before check-in. No refund afterwards.
For the calculation of the cancellation costs, the arrival of the notification to the landlord or booking office during normal office hours between 9 a.m. and 5 p.m. is decisive (in the case of receipt on Saturdays, Sundays or public holidays, the next working day applies; the public holiday regulations and the time zone at the (residential) location of the landlord or booking office are decisive). This rule also applies to communication by e-mail, text message, Internet, fax, etc. or messages on the answering machine. The lessee has the right to prove that the lessor has suffered less damage through the cancellation.
In the event of premature return of the leased property or termination of the lease, there is an obligation to pay the full rent. The lessee is entitled to prove that the lessor has been able to rent the property to others or obtain savings. Both in the event of cancellation of the lease as well as in the event of early return of the leased property or termination of the lease, the lessor shall have no obligation to seek a replacement lessee.
9. Force majeure, unforeseeable or unavoidable circumstances and other causes
Should force majeure (environmental catastrophes, natural disasters, etc.), official measures, unforeseeable or unavoidable events prevent the lease or its continuation, the Lessor shall be entitled (but not obligated) to offer the Lessee a replacement item of equal value to the exclusion of claims for compensation. If the service cannot be provided or can only be provided in part, the amount paid or the portion of the service not provided shall be refunded, to the exclusion of further claims.
10. Liability of the Lessee
The Lessee shall be liable for all damages for which he, housemates or guests are responsible; fault shall be presumed. If damage is discovered after the leased property has been returned, the lessee shall also be liable for such damage, provided the lessor can prove that the lessee (or his housemates or guests) is responsible for the damage.
11. Liability of the lessor
The landlord guarantees a proper booking and contractual fulfilment in accordance with the contractual provisions. Insofar as legally permissible, the liability of the landlord is excluded. In particular, any liability is excluded for actions and omissions on the part of the lessee (including housemates and guests), for unforeseeable or unavoidable omissions of third parties, for force majeure or for events which the lessor, the key holder, the intermediary or other persons involved by the lessor could not foresee or avoid despite due care. Descriptions of tourist infrastructure and facilities such as sports facilities, swimming pools, tennis courts, public transport, ski lifts, slopes, shop opening times, etc. are provided for information purposes only and do not in any way bind the lessor.
12. Safety and use of equipment
The Lessee acknowledges that the radiators in the leased property provide high heat. He is therefore obliged to act with the utmost caution in order to avoid the risk of burns. The lessee is obliged to carefully monitor the temperature of the radiators and to avoid any direct contact with them. The landlord cannot be held liable for any injury or damage resulting from improper use of the radiators.
The tenant is aware that the water from the taps can reach high temperatures. Therefore, care should be taken when using the hot water to avoid scalding. The Lessee agrees to use hot water with caution and to accept full responsibility for any injury or damage caused by the careless use of hot water.
Should the tenant decide to use the wood-burning stove in the living room, he/she assumes full responsibility for his/her own safety. The tenant is obliged to handle the wood-burning stove with extreme care, following all instructions and precautions to avoid the risk of burns. The lessor shall not be liable for any personal or material damage resulting from the use of the wood-burning stove.
The Lessee acknowledges that there is a potential risk of injury or damage from the use of the radiators, hot water and wood stove. By accepting this agreement, Lessee releases Lessor from any liability for any accidents, injuries or damages that may occur as a result of the use of such equipment.
13. Data protection
Our separate Data Protection Policy is attached.
14. Applicable law and place of jurisdiction
Applicable law and place of jurisdiction The only applicable law is Swiss law. The sole place of jurisdiction is the place where the leased object is located. This shall be subject to the statutory provisions that cannot be changed by contract.
