General terms and conditions of the holiday apartment landlord
1. in case of prevention of the start of the rental
In the event of the rental being prevented, the lessor must be informed immediately in writing. In this case, the landlord will try to rent the apartment further. In the event of cancellation more than 60 days before the start of the rental period, the advance payment will be refunded to the tenant, less a compensation for expenses of CHF 100.00. In case of cancellation less than 60 days before the start of the rental period and the apartment can be rented out, the deposit will be refunded, less a compensation for the inconvenience of CHF 100.00. If the apartment is not rented out, the deposit is forfeited in favour of the landlord. And the tenant is generally liable for the loss of rent if the apartment cannot be rented out.
2. cancellation costs insurance
If the prevention or premature termination of the holiday is the result of an unexpected, serious illness, accident or death of the tenant or a person very close to him (e.g. spouse, parents, children, close relatives) or the result of force majeure and if (according to the front page) cancellation insurance has been taken out, the landlord must be informed immediately. With a doctor's certificate the full rental deposit will be refunded.
3. duties of the landlord
With the legally valid conclusion of the contract, the lessor is obliged to provide and hand over the rental object as agreed. However, the Landlord reserves the right to provide the Tenant with an equivalent object if the aforementioned apartment would not be ready for occupancy. If neither the rented holiday home nor an equivalent replacement object can be made available to the tenant, the landlord is only liable to the amount of the agreed or already paid rent. Further claims are, as far as legally permissible (see Art. 100 para. 1 OR), excluded by mutual agreement.
4. the rental period
is usually at least two nights. It begins in the evening at 5 pm and ends in the morning at 10 am. Exceptions to this rule can be agreed. The rental period begins at the latest by 21 o'clock. If the tenant takes over the property late or leaves early, the full rent remains due.
5. the number of persons
(as agreed on the contract) must not be exceeded. Babies also count as persons! Additional persons must be expelled. The landlord has a right of control.
are only permitted with the express consent of the lessor. Cleaning is then included. If a pet is taken along without consent, at least Fr. 50.ó will be charged additionally.
Subletting is prohibited.
8. house rules
The tenant is obliged to adhere to the house rules applicable in the house itself.
Furniture, furnishings etc. are - assuming normal wear and tear - in perfect condition. Should there still be major defects at the start of the rental period, the lessor must be informed immediately (within 3 days). Any damage or loss shall be borne by the lessee.
10. the renter acknowledges
that the landlord, Compagnoni Ferienwohnungen GmbH, acts on behalf of the apartment owner. For claims of any kind on the part of the tenant, the owner of the apartment is to be prosecuted, which can be communicated to the tenant in special cases.
11. return of the contract
If the contract is not returned by the date specified above or if the payment arrangements are not met, the landlord can rent the property without further notice and without being liable to pay compensation. (Please also note point 13!)
An online reservation only becomes valid with the written confirmation of the landlord. This can be done as a letter by post or as an e-mail via the Internet.
With the signing of the contract a deposit of 1/3 of the rental price plus the optional cancellation costs insurance is due, which must be paid within 7 days. The balance must be paid at least 14 days before the start of the rental period. Bank, post, check and currency charges are at the expense of the tenant. (Please also note point 11!)
Compagnoni Ferienwohnungen GmbH treats the data received confidentially and these are not passed on to third parties; an exception is the necessary forwarding of name and occupancy data for the purpose of billing fees/taxes (e.g. to DDO).
15. internet access
In most of the apartments guests have a free internet connection (LAN or WLAN) at their disposal. The guest may only use the services in accordance with the applicable international and Swiss laws and regulations. In particular, it is forbidden - attacks on other computers, file sharing, consumption and distribution of illegal content (violence, pornography) and incitement to violence, discrimination and racism. The signatory of the contract is also liable for the other persons present in the apartment.
16. Place of jurisdiction
Place of jurisdiction for this contract is Davos.
The lessor, Davos in November 2017
This is a translation of the German original for information purposes. Legally binding is the version in German language.