General terms and conditions of lease for online bookings

 

1. Purpose of the rental, conclusion of the contract, terms of payment

By clicking on the "Reservation" button, the renter confirms that he/she is fully entitled to exercise his/her civil rights (and is at least 18 years old) and that he/she is duly authorised to enter into contracts under the legislation 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, transferred or made available to persons other than the co-tenants named in the contract (see also section 8).

2. Charges

 

Charges (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 of the rented property, 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 or 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 the age of 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. This is without prejudice to any other claim or request for compensation.

 

7. Restitution de la chose louée

 

La chose louée doit être restituée dans un état correct et dans les délais, avec tout l’inventaire. Le nettoyage final est inclus dans le loyer mais le locataire est quand même tenu de nettoyer les équipements de cuisine, ainsi que la vaisselle, les couverts et le réfrigérateur.

Si la chose louée est restituée sans avoir été nettoyée ou après un nettoyage insuffisant, l’administrateur peut ordonner le nettoyage aux frais du locataire.

Le locataire est tenu d’indemniser le propriétaire pour les dégâts causés aux équipements et les éléments manquants de l’inventaire, etc.

 

8. Cancellation and premature return of the leased property
 

The lessee may cancel 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 away.

• 50% refund for cancellations made at least 7 days before the arrival date.

• 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 cancellation is made within 48 hours of booking and at least 28 days prior to arrival.

• After this deadline, the first 30 days of the stay are non-refundable.

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For the purpose of calculating the cancellation fee, the notice of departure must be received 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; the rules governing public holidays 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 shall be responsible for proving that less damage was caused to the lessor as a result of the cancellation.

Replacement hirer: the hirer has the right to propose a replacement hirer. 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 under the same conditions. 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. It is up to the tenant to 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, circonstances imprévisibles ou inévitables, etc.

 

Si des cas de force majeure (catastrophes naturelles, éléments naturels, etc.), des mesures administratives, des événements imprévus ou impossibles à éviter empêchent la location ou la poursuite de location, l’administrateur peut (mais ne doit pas) proposer au locataire un objet de remplacement équivalent moyennant exclusion de prétentions de remplacement. Si tout ou partie de la prestation ne peut pas être fournie, le montant payé ou la part correspondant aux prestations non fournies sera remboursé à l’exclusion de toute autre prétention.

 

10. Responsabilité du locataire

 

Le locataire engage sa responsabilité pour tous les dommages causés par lui-même ou ses colocataires et ses invités; la faute sera présumée. Si des dégâts sont constatés après la restitution de la chose louée, la responsabilité du locataire est également engagée dans la mesure où le propriétaire peut prouver que les dégâts ont été causés par le locataire (resp. ses colocataires ou les invités).

 

11. Responsibility of the owner

 

The owner is responsible for the reservation and 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.

Descriptions of infrastructure or tourist facilities such as sports facilities, swimming pools, tennis courts, public transport, opening hours of shops, etc. are provided for information purposes only and are not legally binding on the owner.

 

12. Insurance

 

The owners and the tenant are obliged to take out insurance covering the civil liability they assume as a result of this rental contract.

 

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 the 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 is responsible for ensuring that all the co-occupants of the holiday rental comply with the conditions of this user agreement and, in the event of non-compliance, releases the lessor 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.

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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.

Any 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.

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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 others to commit 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 proven or suspected non-compliance with the conditions of use, access to the WLAN may be blocked at any time without stating reasons. Any liability for loss of data is expressly excluded.

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In the event of a well-founded suspicion of an offence, the lessor shall be entitled to inform the competent authorities, naming the lessee and/or user (including his address). Furthermore, at the request of the authorities, the lessor shall be 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 rented item. Subject to any other applicable and contractually non-modifiable legal provisions.

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