General Terms and Conditions
General Terms and Conditions of the holiday-apartment landlord
1. If the start of the rental is prevented
If the start of the rental is prevented, the landlord must be notified in writing without delay. In this case the landlord will attempt to re-let the apartment. In the event of a cancellation more than 60 days before the start of the rental, the deposit is refunded to the tenant, less a handling fee of CHF 100. In the event of a cancellation less than 60 days before the start of the rental and if the apartment can be re-let, the deposit is refunded to the tenant, less a handling fee of CHF 100. If it cannot be re-let, the deposit is forfeited in favour of the landlord. The tenant is in principle liable for the resulting loss of rent if the apartment cannot be re-let.
2. Cancellation cost insurance
If the prevention or early termination of the holiday is the result of an unexpected serious illness, accident or death of the tenant or a person very close to them (e.g. spouse, parents, children, close relatives) or the result of force majeure, and cancellation insurance has been taken out (as stated on the front), the landlord must be notified without delay. With a medical certificate, the full rent or deposit amount is refunded.
3. Obligations of the landlord
Upon the legally valid conclusion of the contract, the landlord is obliged to provide and hand over the rental property as agreed. However, the landlord reserves the right to provide the tenant with an equivalent property if the apartment listed above is not ready for occupancy. If neither the rented holiday apartment nor an equivalent replacement can be made available to the tenant, the landlord is liable solely up to the amount of the agreed or already paid rent. Further claims are, to the extent permitted by law (cf. Art. 100 para. 1 CO), excluded by mutual agreement.
4. The rental period
The rental period is generally at least two nights. It begins in the evening at 5 p.m. and ends in the morning at 10 a.m. Exceptions to this rule can be agreed. Check-in is by 9 p.m. at the latest. If the tenant takes over the property late or leaves early, the full rental price remains due.
5. The number of persons
The number of persons (as agreed in the contract) may not be exceeded. Babies also count as persons! Additional persons must be declared. The landlord has a right of inspection.
6. Pets
Pets are only permitted with the express consent of the landlord. Cleaning is then included. If a pet is brought along without consent, at least CHF 50 will be charged additionally.
7. Subletting
Subletting is prohibited.
8. House rules
The tenant is obliged to comply with the house rules applicable in the building itself.
9. Furniture
Furniture, furnishings, etc. are in perfect condition – assuming normal wear and tear. If major defects are nevertheless present at the start of the rental, the landlord must be notified without delay (within 3 days). Any damage or losses are at the tenant's expense.
10. The tenant acknowledges
The tenant acknowledges that the landlord, Compagnoni Ferienwohnungen GmbH, acts on behalf of the apartment owner. For claims of any kind by the tenant, the apartment owner – who may be disclosed to the tenant in special cases – is to be held liable.
11. Return of the contract
If the contract is not returned by the date stated on the front, or if the payment arrangements are not met, the landlord may re-let the property without further notice and without becoming liable for compensation. (Please also note point 13!)
12. Online reservation
An online reservation only becomes valid upon the landlord's written confirmation. This may be made by letter by post or by email via the internet.
13. Payments
Upon signing the contract, a deposit of 1/3 of the rental price plus the optional cancellation cost insurance becomes due and must be paid within 7 days. The balance must be paid no later than 14 days before the start of the rental. Bank, postal, cheque and currency charges are at the tenant's expense. (Please also note point 11!)
14. Data protection
Compagnoni Ferienwohnungen GmbH treats the data received confidentially and does not pass it on to third parties; the exception is the necessary forwarding of name and occupancy data for the purpose of charging fees / taxes (e.g. to DDO).
15. Internet access
In most apartments, guests have free internet access (LAN and Wi-Fi). The guest may use the services exclusively within the framework of the applicable international and Swiss laws and regulations. In particular, the following are prohibited: attacks on other computers, file sharing, consuming and distributing illegal content (violence, pornography) as well as incitement to violence, discrimination and racism. The contract signatory is also liable for the other persons present in the apartment.
16. Place of jurisdiction
The place of jurisdiction for this contract is Davos.
The landlord, Davos, November 2017
Terms and Conditions for the brokerage of online bookings via ferienwohnungen-davos.ch
1. Subject of brokerage
Ferienwohnungen-davos.ch brokers accommodation services on its internet platform in the name of others. These terms apply to bookings by end customers (users). Only persons who are 18 years old and have full legal capacity may conclude binding online bookings with Ferienwohnungen-davos.ch.
2. Conclusion of contract
The online booking system Ferienwohnungen-davos.ch is a brokerage medium. The contract is therefore concluded exclusively between the service provider (landlord/owner) and the customer / guest. Ferienwohnungen-davos.ch is not a tour operator.
3. Accommodation services
3.1. Online booking
Via its online booking system, Ferienwohnungen-davos.ch offers, in the name of the service providers, only accommodations reported as available. Every booking made is automatically forwarded by the system to the accommodation owner. As soon as the latter gives their OK, the bookings are binding for the traveller and the accommodation owner. At the end of the online booking, the guest automatically receives a booking confirmation.
3.2. Payment
All questions regarding the online booking are clarified directly between the guest and the accommodation owner. The respective payment terms can be found in the accommodation's terms or in the booking confirmation. In the event of a rebooking or cancellation, the guest must contact the accommodation owner or the brokerage office. The cancellation conditions of the respective accommodation owner apply.
3.3. No-shows
In the event of a no-show, the accommodation establishment is entitled to issue an invoice to the guest for the no-show. The amount of the invoice is subject to the terms of the respective accommodation owner.
4. General
Ferienwohnungen-davos.ch is liable only for its activity as operator of the online booking system. Liability is limited to intent and gross negligence. Liability for simple negligence is excluded.
5. Copyright and warranty
All information on the website has been compiled to the best of our knowledge and carefully checked. Nevertheless, errors in content cannot be entirely ruled out. All information is provided without guarantee. All rights reserved. All offers are subject to change and non-binding.
6. Place of jurisdiction
Swiss law applies. The exclusive place of jurisdiction is Davos, Switzerland.
Compagnoni Ferienwohnungen GmbH, September 2013