HOSTHELP
Terms
General terms and conditions of lease for online bookings
1. Purpose of the lease, conclusion of the contract, terms of payment
By clicking on the “Reservation” button, the Hirer confirms that he/she enjoys full civil rights (and is at least 18 years of age) and is entitled to enter into contracts under the laws of his/her country of residence.
The tenant acknowledges that the property may only be occupied by the number of persons announced at the time of booking. The property may not be sublet, assigned or made available to persons other than the co-tenants named in the contract (see also section 8).
2. Costs
Utilities (electricity, gas, heating, etc.) and tourist taxes are included in the rental price.
3. Deposit
A deposit is required. This is stated in the contract. The deposit is intended to cover ancillary costs and (subsequent) cleaning costs, as well as damage/claims for compensation, etc.
The deposit will be settled at the end of the lease. If the amount to be covered by the deposit cannot yet be determined at that time, or if the tenant refuses to pay it, the landlord or the administrator acting on behalf of the landlord may withhold all or part of the deposit. In this case, the administrator will draw up a statement for the Tenant as soon as the amount has been finally determined and will pay/transfer any balance to the Tenant, the cost of the transfer being borne by the Tenant. The balance in favour of the owner is payable within 10 days of receipt of the statement by the tenant (all transfer costs being borne by the tenant, ‘OUR payment’). The Owner's claim is not limited to the amount of the deposit.
4. Arrival, handover, complaints
The rented property shall be handed over to the lessee in a clean condition and in accordance with the contract. If damage is noted when the rented property is handed over or if the inventory is incomplete, the lessee must immediately notify the administrator. Failing this, the leased property shall be deemed to have been handed over in perfect condition.
If the lessee takes possession of the rented property late, or not at all, the full amount of the rent shall be due. It is the tenant's responsibility to arrive punctually. They are also responsible for any delays (traffic jams, road closures, etc.). If the tenant is arriving from abroad, he/she must inform himself/herself in good time about the conditions for entering Switzerland.
The administrator is authorised to ask people for identification in order to check their identity. Persons not named in the rental agreement may be evicted. The rent remains payable in full.
5. Flatmates and guests
The tenant is responsible for ensuring that his/her flatmates and guests comply with the obligations set out in this contract.
6. Careful use
The rented property may be occupied by no more than the number of people specified in the contract (including children under 16). Domestic animals (in particular dogs, cats, birds, reptiles, rats, ferrets, guinea pigs, hamsters, etc.) are prohibited.
The tenant undertakes to use the rented property with care, to comply with the internal regulations and to show consideration for the other occupants of the building and neighbours. The administrator must be informed immediately of any damage.
It is forbidden to assign the tenancy, sublet it or make it available to persons not provided for in the tenancy agreement, etc. (see also section 8).
If the tenant, his co-tenants or guests seriously breach the obligations of careful use, or if the flat is occupied by more people than agreed in the contract, the administrator may terminate the contract without notice or compensation, after an unsuccessful written formal notice. In this case, the rent is due. All other claims and demands for compensation are reserved.
7. Return of the leased property
The rented property must be returned in good condition and on time, with all the inventory. Final cleaning is included in the rent, but the tenant is still required to clean the kitchen equipment, crockery, cutlery and fridge.
If the rented property is returned without having been cleaned or after insufficient cleaning, the administrator may order it to be cleaned at the tenant's expense.
The tenant is obliged to compensate the landlord for any damage caused to the equipment, missing items from the inventory, etc.
8. Cancellation and premature return of the leased property
The tenant may terminate the contract at any time subject to the following conditions:
Stays of less than 28 nights :
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Full refund for cancellations made within 48 hours of booking, if the arrival date is 14 days or more.
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50% refund for cancellations made at least 7 days before the arrival date.
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No refund for cancellations made within 7 days of the arrival date.
Stay of 28 nights or more :
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Full refund if cancelled within 48 hours of booking and at least 28 days before arrival.
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After this deadline, the first 30 days of the stay are non-refundable.
For the purposes of calculating cancellation charges, the date of receipt of the notice of departure by the administrator during normal office hours between 09:00 and 17:00 (in the event of arrival on Saturdays, Sundays or public holidays, the next working day shall apply; public holiday regulations and the time zone of the administrator's registered office (domicile) shall apply).
These regulations also apply to communications by e-mail, SMS, Internet, fax, etc. or on the telephone answering machine. The hirer is responsible for proving that the lessor has suffered less damage as a result of the cancellation.
Replacement tenant: the tenant has the right to propose a replacement tenant. The replacement tenant must be solvent and subject to the approval of the administrator. The administrator must expressly agree to the replacement tenant. He takes over the contract on the same terms. The tenant and the replacement tenant are jointly and severally liable for payment of the rent.
In the event of early return of the rented property or suspension of payment of the rent, the full rent remains due. The tenant must prove that the landlord was able to re-let the property or made savings.
The landlord is not obliged to actively seek a replacement tenant in the event of cancellation of the lease, early return of the rented property or suspension of the rent.
9. Force majeure, unforeseeable or unavoidable circumstances, etc.
If cases of force majeure (natural disasters, natural elements, etc.), administrative measures, unforeseen or unavoidable events prevent the rental or the continuation of the rental, the administrator may (but does not have to) offer the hirer an equivalent replacement object, subject to the exclusion of replacement claims. If all or part of the service cannot be provided, the amount paid or the part corresponding to the services not provided will be reimbursed to the exclusion of any other claim.
10. Tenant's liability
The tenant is liable for all damage caused by himself or his flatmates and guests; fault is presumed. If damage is found after the rented property has been returned, the tenant is also liable to the extent that the landlord can prove that the damage was caused by the tenant (or his/her flatmates or guests).
11. Owner's responsibility
The owner is responsible for the booking and the proper execution of the contract. The owner's liability is excluded by law. In particular, the Landlord shall not be liable for the acts and omissions of the Tenant (including his or her flatmates and guests), unforeseeable or unavoidable omissions by third parties, force majeure or events which the Administrator or other persons engaged by the Landlord were unable to foresee or avoid despite exercising due care.
12. Insurance
The owners and the tenant are required to take out insurance covering the civil liability they assume under this tenancy agreement.
13. Data protection
The lessor is subject to the Swiss Data Protection Act and processes data in accordance with its provisions. The lessor will process the data communicated to it in accordance with the legal guidelines (or may have it processed by a third-party company) and, if necessary, pass it on to the administrator or cleaning lady, etc. so that the contract can be fulfilled correctly. In accordance with local legislation, the administrator may be required to report the identity of the tenant and their flatmates to the local authority. The landlord reserves the right, for the purposes of defending his legitimate interests or in the event of a suspected offence, to communicate the details of the tenant, respectively of his flatmates and guests, to the competent bodies or to third parties in order to assert his rights.
The lessor may inform the lessee of future offers. If the tenant does not wish to take advantage of this service, they may inform the administrator directly. The information provided contains a note on the cancellation of this service.
If the renter has any questions about data protection, they can contact the administrator directly.
14. Using WLAN
In order to use the WLAN, a code must be entered, which will only be communicated to the tenant who signs the rental agreement.
The Tenant guarantees that all co-occupants of the holiday let will comply with the conditions of this user agreement and, in the event of non-compliance, releases the Landlord from all resulting claims.
The hirer confirms that he/she also accepts and signs on behalf of the co-occupants and guests the landlord's liability waiver clause contained in this declaration. The hirer, the co-occupants and the guests are hereinafter collectively referred to as ‘the user’.
Use is free of charge and limited to the duration of the stay in the holiday flat. In this context, the Lessor cannot guarantee the effective availability of Internet access. Furthermore, the user is strictly forbidden to communicate the code to third parties. This code becomes inoperative at the end of a specified period. A new code may then be requested. Information on this can be obtained from the lessor.
By issuing the code, the lessor assumes no obligation. Use is subject to technical availability. In particular, the user may not assert any right to use the WLAN in any specific way or for any specific period of time. Use may only be made in the context of what is customary during a holiday stay. In the event of professional and/or excessive use, the lessor is entitled to block access to the WLAN.
All liability for guarantees, compensation, etc. is hereby excluded. The lessor does not guarantee unrestricted access to the WLAN or the Internet and is therefore not liable for the consequences of interruptions and breakdowns as well as loss of data, etc. In particular, no liability is accepted for the content of websites visited or data downloaded, or for any malicious programs (viruses, etc.) associated with the use of the WLAN. The user expressly acknowledges that the WLAN only provides access to the Internet but does not incorporate any anti-virus software or firewall programmes. It is the user's responsibility to protect themselves in this respect. Data is transferred without encryption. Users must ensure that they protect themselves accordingly.
The user is expressly prohibited from using the WLAN to download data, files, videos, etc. or any other form of dissemination of content that is unlawful, immoral, racist or protected by copyright, to incite the commission of offences, to manipulate software and IT tools as well as equipment and installations of any kind. Sending SPAM is prohibited. This provision applies by analogy to the consultation of websites and/or the downloading of data, files, videos, etc.
Any form of misuse and/or intervention in the WLAN equipment (software or hardware are strictly prohibited), in particular those likely to cause damage to third parties or to the lessor.
The lessee is liable for any damage caused by its use of the WLAN. If, for any reason whatsoever, the lessor has to respond to claims from third parties in connection with the use of the WLAN by the user, the lessee undertakes to compensate the lessor immediately and to release it from any liability.
In the event of actual or suspected non-compliance with the terms of use, access to the WLAN may be blocked at any time without stating reasons. Any liability for loss of data is expressly excluded.
In the event of well-founded suspicion of an infringement of the terms of use, the lessor is entitled to inform the competent authorities, naming the lessee and/or user (including his or her address). Furthermore, at the request of the authorities, the lessor is entitled to provide them with the details, including address, of the lessee and/or user.
15. Applicable law and place of jurisdiction
Only Swiss law is applicable. The exclusive place of jurisdiction is the domicile of the leased item. Subject to any other applicable and contractually non-modifiable legal provisions.