Article 1 – Lease agreement relating to a holiday homeThe building is a holiday home that the owner rents for a short period of time. The Tenant is obliged to make exclusively a private holiday. The duration of the lease can not be extended without the express written permission of the Owner. Any tacit renewal is excluded.
Article 2 – Validity of the contractThis contract is valid only when:
– both parties accepted it;
– and that the Tenant has paid a deposit of 50% of the total rent if the reservation is made more than 90 days before arrival or pay 100% of the total rent if the reservation is made less than 90 days before ‘arrival.
Until then, the Owner is free to rent the property to another tenant without being liable for compensation.
Article 3 – Information to be sent to the Owner upon reservation
At the time of booking, the Tenant is required to indicate to the Owner’s Representative the number of persons, adults and children who will occupy the Building during the stay. This number may not exceed that indicated in this contract, for which the Building is equipped. The Tenant is also required to indicate to the Owner’s Representative his approximate times of arrival and departure, being reminded that he must respect the arrival and departure times stated in this contract.
Article 4 – Cancellation of the reservation, delay and early departureThe Tenant may cancel the reservation subject to payment of the following cancellation fees:
– 0% of the total amount of the rent in case of cancellation more than 90 days before arrival;
– 50% of the total amount of the rent in case of cancellation from the 90th to the 61st day before arrival;
– 70% of the total amount of the rent in case of cancellation from the 60th to the 31st day before arrival;
– 100% of the total amount of the rent in case of cancellation less than 30 days before arrival.
If, for any reason (including illness, accident, death), the Tenant does not take possession of the premises on the scheduled days (late arrival or early departure) or only partially occupies them, he remains obliged to pay the full amount of the Rent, without being entitled to any deduction, unless otherwise decided by the Owner.
It is recommended to the Tenant to conclude an insurance covering the possible expenses of cancellation.
Article 5 – GuaranteeTo guarantee the performance of the obligations he undertakes under this lease, the Tenant deposits in the hands of the Representative of the Owner a bond.
This deposit can not be allocated to the contractual payment of the rent and will not be refunded to the Tenant at his departure until the payment of all the expenses incumbent on him, in particular of those which could appear during the check of exit of the state of the places (damage, loss, theft, etc.).
The deposit must be paid before the arrival of the Tenant. It will be released no later than 15 days after the departure of the Tenant, provided that no damage has been found. The means of payment of the authorized deposit are the following: credit card, cash, bank transfer. In particular, bank checks, money orders, debit cards and the simple indication of a credit card number are not allowed. The claim of the Owner in case of damage (s) is not limited to the amount of the deposit.
Article 6 – Terms of payment of rent, guarantee, tourist tax, extrasAccepted credit cards are Visa, Mastercard and American Express. Any bank charges in case of payment by bank transfer or payment by credit card are the responsibility of the Tenant.
Rates are communicated in Swiss Francs. All payments in foreign currency are accepted at the daily exchange rate. The rent includes heating, gas, hot and cold water, as well as electricity. However, it does not include the tourist tax and any additional services. The tourist tax must be paid by the Tenant at the latest at the end of his stay, in cash, by credit card or by bank transfer. Any additional services requested by the Tenant must be paid no later than the end of the stay, in cash, by credit card or by bank transfer. All payments (rent, guarantee, tourist tax, additional services) must be paid to the Owner’s Representative.
Article 7 – Delivery of keysThe delivery of the keys of the premises is subject to the payment of the full (100%) rent and deposit by the Tenant to the Representative of the Owner, as well as the presentation of a valid identity document of the Tenant.
Article 8 – State of entry and exitAn inventory of the places of entry is made by the Representative of the Owner during the handing over of the keys and the inventory of goods and equipment to the Tenant. Upon arrival, the Tenant must notify the Owner’s Representative of any damage he or she sees within one hour of the delivery of the keys. After this period, the Tenant is deemed to have received the premises in good condition and clean.
An inventory of the places of exit is established by the Representative of the Owner at the departure of the Tenant at the time of the restitution of the keys by the Tenant. Upon departure, the Tenant must leave the premises in the same condition as the one in which he found them upon his arrival. The states of entry and exit are an integral part of this contract.
Article 9 – Use of premisesThe Tenant is obliged to use with care and care the rented premises and to show consideration towards the neighborhood. It will allow the Owner’s Representative to visit the rented premises, especially to see or fix a problem. He will take care in particular to remove his shoes at the entrance of rented premises. The Tenant agrees to respect the House Rules.
Article 10 – Notice of defects during the stayDuring the stay, the Tenant has the obligation to immediately inform the Representative of the Owner of any possible defects. The Tenant is forbidden to order any work, even minor ones, without the knowledge of the Owner’s Representative. The costs for the work ordered without the knowledge of the Owner’s Representative are entirely the responsibility of the Lessee. In the event that urgent repairs prove indispensable, the Tenant is obliged to tolerate the completion of the works that can not be postponed at the end of the lease contract. The Tenant is obliged to carefully keep any object that may be damaged or broken during his stay (including glass, dishes, etc.).
Article 11 – AnimalsPets are tolerated only to the extent that they do not harm the tranquility or security of the neighborhood (for some rentals pets are not accepted). The Tenant is liable for any damage caused by his animal to the Building, furniture that garnishes or third parties.
Article 12 – Extra Services (“extras”)For security reasons in particular, it is forbidden to mandate outside service providers with regard to drinks, food, cleaning, babysitting, massages, etc. The Tenant expressly agrees to obtain his services through the Owner’s Representative.
Article 13 – Sublease and Assignment of LeaseIt is prohibited to sublet and assign the lease without the permission of the Owner’s Representative. The Tenant agrees in any state not to sublet the premises and not to assign the lease.
Article 14 – HouseholdIf the premises are rented without cleaning service, the Tenant is obliged to leave, on the day of departure, the premises in a state of impeccable cleanliness, as they had been delivered. In particular, the kitchen equipment must be clean, dishes, glasses and kitchen utensils clean and stored in their respective spaces, the empty refrigerator and trash cans placed in the local trash.
Any extra cleaning hours, due to non-compliance with this obligation, will be charged CHF 35 .– and deducted from the deposit.
Article 15 – Liability of Tenant and InsuranceThe Tenant is responsible for the premises for the duration of his stay. He is liable for any damage caused, directly or indirectly, to the Building, its equipment or the objects therein. The Tenant is also responsible in case of disappearance / loss of objects in the building, as well as in case of nuisance caused in the vicinity.
In such cases, the Owner may deduct the amount corresponding to the damage caused or the loss of the object directly from the surety. If the deposit is insufficient to cover the damage caused, it will be charged to the Tenant the difference until full compensation of the damage. The Owner reserves the right to charge the Lessee the cost of repair or replacement of damages discovered after his departure and the lost profit if the premises can not be rented to the next tenant because of the damage of the Tenant. The Tenant ensures that his companions respect the obligations of this contract. He assumes full responsibility should this not be the case. The Tenant is solely responsible for his belongings during his stay and he is responsible for taking all necessary measures to ensure the safety of his business.
The Tenant confirms that he has taken out all the necessary insurance for his stay, in particular third-party insurance and insurance covering his personal belongings. Upon request, he will provide a copy of his insurance policies to the Owner’s Representative.
Article 16 – Liability of Lessor and InsuranceThe Owner is not responsible in case of deterioration, loss or theft of personal items belonging to the Tenant or his accompanying persons that would have occurred in the Building or its outbuildings. If the Building is equipped with safes, these are at the free disposal of the Tenant. The Owner’s liability is excluded for the acts or omissions of the Tenant or his accompanying persons, the defects of enjoyment of the Building not coming from his fault (irregularity of the service of water, lighting, electricity, TV, etc.), and all events that could not have been foreseen or avoided despite due diligence. The Owner is not responsible in case of accident or death during the stay. The Owner guarantees to have subscribed real estate and movable insurance.
Article 17 – Special precautions to be followed with regard to the SPA and the pool and / or jacuzziThe Tenant undertakes that his companions and him respect the following precautions for the safety of the users of the SPA and the pool and / or Jacuzzi, in particular children and the weakest (elderly people, people with disabilities, etc. .):
– never leave a child or a person in need of help alone, in the water (even if it knows a priori swim), near the jacuzzi, in the steam room or in the sauna;
– an adult who knows how to swim should always supervise a child or a person in need of help nearby or in the jacuzzi, steam room or sauna;
– Never float objects in the water that may encourage the child or person needing help to get into the water;
– always equip children and people in need of help with buoys or armbands;
– never smoke, drink or eat in the SPA and the jacuzzi.
Article 18 – Extraordinary termination of the contractAn extraordinary termination of the contract may occur during the lease, with immediate effect, in particular:
– if the Tenant or his companions harm the tranquility of the neighborhood;
– if the Tenant or his / her companions harm the integrity of the Building or third parties;
– in the event of a complaint from the Police;
– in case of non-compliance with this contract.
In such cases, the Tenant is not entitled to any refund or compensation.
Article 19 – Recognition of debtThis contract is equivalent to recognition of debt within the meaning of Article 82 LP for the amount of rent and all amounts owed by the tenant under the provisions it contains.
Article 20 – Applicable law and jurisdictionThis contract is subject exclusively to Swiss law. Any dispute concerning the present contract will be brought, in continuation of any other forum, before the ordinary courts of the canton of the place of situation of the immovable, in Switzerland, the recourse to the Federal Court being reserved. The Owner and the Tenant declare to know and accept this lease, the aforementioned special conditions and the house rules of the rented object which form an integral part of the lease contract.