General terms and conditions – so that we can understand each other

General terms and conditions of the rental agreement and data protection declaration
As of December 19, 2021

+ Special provisions – Supplement to CORONA

 

Winter 21-22 // 22-23 // valid for all bookings from October 25th, 2021 – to April 21st, 2023
You can cancel your reservation free of charge up to 15 days before arrival. If we receive your cancellation from the 14th day before arrival, we will charge you 100% of the booked price. Of course, we try to resell the apartment in question, so that you do not incur any costs. However, we reserve the right to charge the full price should the apartment not be able to be resold.

Exceptions to this are bookings in the high season as well as Christmas & New Year in the period 18.12.21 – 08.1.22 // 17.12.22 – 07.01.23, as well as 29.1.22 – 12.3.22 // 28.01.22 – 11.03.23 – here the apply Cancellation conditions see point 8.

In order to save you unnecessary costs, we recommend that you take out travel cancellation insurance.

 

Summer 22 // valid for all bookings from October 25th, 2020 – to October 31st, 2022
You can cancel your reservation free of charge up to 4 days before arrival. If we receive your cancellation from the 3rd day before arrival, we will charge you 100% of the booked price. Of course, we try to resell the apartment in question, so that you do not incur any costs. However, we reserve the right to charge the full price should the apartment not be able to be resold. In order to save you unnecessary costs, we recommend that you take out travel cancellation insurance.

 

Lockdown & travel ban // Official regulation
Rebooking & credit to a later date (depending on availability / the prices of the corresponding season apply) Important: This regulation only comes into force in connection with an official regulation as a result of “CORONA” if it is not possible to make the booking due to this to compete

 


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

The rental property may only be used for private holidays. Any commercial or other use is excluded.

With his signature, the renter confirms that he is capable of acting according to the law of his country of residence (but at least 18 years of age) and can conclude legally valid contracts. Down payment, final payment and any deposit are recorded in the contract. The contract between the tenant and the landlord is concluded when the contract signed by the tenant has reached the landlord by the date specified in the contract. The transfer costs are at the expense of the renter (“OUR payment”).

If the signed contract does not reach the landlord by the agreed date, the landlord can rent the property to someone else without further notice and without being liable for compensation. If the down payment, the balance and/or the deposit does not reach the landlord by the agreed date, the landlord can, after a short grace period has expired without success, rent the property to someone else without being liable for compensation; however, he can also insist on the fulfillment of the contract and claim the cancellation costs according to Section 8. The landlord informs the tenant immediately. If a credit card payment is not honored or revoked, this is considered a cancellation (cancellation) of the rental agreement and the conditions “Cancellation and early return of the rental property” Section 8 apply.

The tenant acknowledges that the property may only be occupied by the persons named in the contract. Subletting, assignment of the rent or letting of the rented property to people other than those named in the contract are excluded (see also section 8).

2. Incidental costs

The ancillary costs (such as electricity, gas, heating, etc.) are included in the rental price unless they are expressly stated in the contract. Ancillary costs not included in the rental price will be billed at the end of the rental period and must be paid in cash in CHF before departure. Charges such as tourist taxes are usually not included in the rental price.

3. Depot

The landlord can request a deposit. This is stated in the contract. The depot is used to cover, among other things, additional and (subsequent) cleaning costs as well as damage/claims for damages, etc. The depot is settled at the end of the rental agreement. If the amount to be covered by the deposit cannot be determined at this time or if the tenant refuses to pay it, the landlord or the key holder retains the deposit in whole or in part on behalf of the landlord. In this case, as soon as the amount has been definitively determined, the landlord will issue a statement to the tenant and pay out/transfer any balance in favor of the tenant, with the costs of the transfer being borne by the tenant. A balance in favor of the lessor is to be paid within 10 days after receipt of the statement (the entire transfer costs are borne by the lessee, “OUR payment”). The landlord’s claim is not limited to the amount of the deposit.

4. Arrival, handover of the rental property; complaints

The rental property is handed over to the tenant in a clean and contractual condition. If there are defects or the inventory is incomplete at the time of handover, the tenant must report this to the key holder/landlord immediately. Otherwise it is presumed that the rental property has been handed over in perfect condition.

If the tenant accepts the property late or not at all, the entire rental price remains due. The tenant is responsible for a timely arrival. Any obstacles to arrival (such as traffic congestion, closed roads, etc.) are his responsibility. When arriving from abroad, the renter orients himself in good time about the entry requirements for Switzerland.

The landlord or The key holder is entitled to request an identity card from the persons to verify their identity. Persons who are not named in the rental agreement may be expelled. The rent remains due in full.

5. Housemates and Guests

The tenant is responsible for and is responsible for ensuring that the housemates, including guests, comply with the obligations of this contract.

6. Careful use

The rental property may not be occupied by more than the number of people listed in the contract (including children under the age of 12). Pets (including dogs, cats, birds, reptiles, rats, ferrets, guinea pigs, hamsters, etc.) are not allowed unless expressly agreed in writing with the landlord.

The tenant undertakes to use the rental property with care, to comply with the house rules and to show consideration for the other residents and neighbors. In the event of any damage, etc., the landlord/key holder must be informed immediately.

Assignment of the rent, subletting or other leasing to persons who are not listed in the rental agreement, etc. are not permitted (see also Section 8).

If tenants, housemates or guests seriously violate the obligations of careful use or if the apartment is occupied by more than the contractually agreed number of people, the landlord/key holder can terminate the contract without notice and without compensation after unsuccessful written warning. In this case, the rent remains due. Subsequent claims and claims for damages remain reserved.

floweiler.ch GmbH Belmont Arosa – Poststrasse 79 – CH-7050 Arosa AGB`S Belmont 1 / 3

Lease agreement for furnished holiday home for private use; (up to a maximum of 3 months) 7. Return of the rental property

The rental property is to be returned on time in a proper condition, including the inventory. The rental property must be cleaned before it is returned, and the garbage (residual waste; PET; glass & aluminum cans) must be disposed of accordingly. This obligation does not apply unless this has been expressly agreed with the landlord. If the final cleaning is included in the rental price or has been agreed additionally, the tenant is nevertheless responsible for cleaning the kitchen equipment, including crockery and cutlery and the refrigerator. If the rental object is returned in an uncleaned or insufficiently cleaned condition, the landlord can arrange for the cleaning to be carried out at the expense of the tenant.

The tenant is liable for damages to the facility and missing inventory, etc.

8. Cancellation and early return of the rental property

The tenant can withdraw from the contract at any time under the following conditions: ● Up to 12 or more weeks before arrival/start of rental: CHF 100.00 processing fee ● 8 – 12 weeks before arrival/start of rental: 30% of the rent ● 8 – 6 weeks before arrival/start of rental : 50% of the rental price● 6 – or less weeks before arrival/rental start; no-shows: 100% of the rental price

The decisive factor for the calculation of the cancellation fee is the arrival of the notification at the landlord or at the booking office during normal office hours between 9 a.m. and 5 p.m. (in the case of arrival on Saturdays, Sundays and public holidays, the next working day applies; the public holiday regulations and time zone on (residential -) Seat of the landlord resp. booking office). This regulation also applies to messages sent by e-mail, SMS, Internet, fax etc. or to the answering machine. The lessee has the right to prove that the lessor suffered minor damage as a result of the cancellation.

Substitute tenant: The tenant has the right to propose a substitute tenant. This must be reasonable and solvent for the landlord. The landlord must expressly agree to the replacement tenant. The substitute tenant enters into the contract under the existing conditions. Tenants and replacement tenants are jointly and severally liable for the rent.

If the rented property is returned early or if the rent is terminated, the entire rent remains due. The tenant has the right to prove that the landlord was able to sublet the property or made savings.

The lessor is not liable either in the case of cancellation of the rental agreement or in the event of premature return of the rental property or The termination of the rental obligation to actively seek a replacement tenant.

Additions to the terms and conditions – special regulation “CORONA” – applies to completed bookings before October 25th, 2020

A rebooking & credit to a later date (depending on availability / the prices of the corresponding season apply) is possible up to 30 days before arrival. 100% of the down payments made are retained.

Important: This regulation only comes into force in connection with an official regulation as a result of “CORONA” if it is not possible to make the booking due to this.

9. Force majeure, unforeseeable or unavoidable circumstances, etc.

If force majeure (environmental disasters, natural disasters, etc.), official measures, unforeseeable or unavoidable events prevent the rental or its continuation, the lessor is entitled (but not obliged) to offer the lessee an equivalent replacement property to the exclusion of compensation claims. If the service cannot be provided or cannot be provided in full, the amount paid or the corresponding share for the services not provided will be refunded to the exclusion of further claims.

10. Renter’s Liability

The tenant is liable for all damage caused by him or housemates, including guests; fault is assumed. If damage is found after the rented property has been returned, the tenant is also liable for this if the landlord can prove that the tenant (or his housemates or guests) caused the damage.

11. Lessor Liability

The landlord is responsible for a proper reservation and contractual fulfillment of the contract. The lessor’s liability is excluded to the extent permitted by law. In particular, liability is excluded for actions and omissions on the part of the tenant (including housemates and guests), unforeseeable or unavoidable omissions by third parties, force majeure or events which the landlord, key holder, agent or other persons called in by the landlord, despite exercising due care, do not foresee or could avert. Descriptions of infrastructure and tourist facilities such as sports facilities, swimming pools, tennis courts, public transport, mountain railways, slopes, shop opening times, etc. are for information purposes only and do not obligate the landlord under any legal title.

12. Privacy

The landlord is subject to the Swiss Data Protection Act and processes the data in accordance with these regulations. The landlord will process the data transmitted to him in accordance with the legal requirements (or have them processed by a third party if necessary) and, if necessary, transmit them to the key holder, etc., so that the contract can be correctly fulfilled. According to local legislation, the landlord and/or keyholder may be required to register the tenant and his or her housemates with local authorities. The lessor reserves the right to use the data of the lessee or of housemates and guests to the responsible authorities or to commission third parties to enforce their rights.

The landlord can inform the tenant about his offers in the future. If the tenant does not want to receive this service, he can contact the landlord directly. The respective information will contain a corresponding notice regarding the termination of this service.

If there are any questions about data protection, the tenant should contact the landlord directly.

13. Governing Law and Jurisdiction

Swiss law is exclusively applicable. The location of the rented property is agreed as the exclusive place of jurisdiction. Mandatory applicable statutory provisions that cannot be changed contractually remain reserved.

 

floweiler.ch GmbH Belmont Arosa – Poststrasse 79 – CH-7050 Arosa AGB`S Belmont 2 / 3

Lease agreement for furnished holiday home for private use; (up to max. 3 months)

When making transfers, please always use the rental contract number. and state your name and purpose of payment

Bank details:

Graubündner KantonalbankIban: CH 03 0077 4010 3857 7110 0 Account: 10 385.771.100SWIFT / BIC: GRKBCH2270ABC.Nr.: 774

Account owner:

floweiler.ch GmbH Poststrasse 79CH-7050 Arosa