General Terms and Conditions
1. Introduction
These General Terms and Conditions form an integral part of the contract between you and Chesa Strimer. We recommend that you read the following General Terms and Conditions of Contract carefully.
2. purpose of rental, conclusion of contract, terms of payment
By making a booking, the tenant confirms that he is capable of acting in accordance with the law of his country of residence (but at least 18 years of age) and can legally conclude contracts. The down payment, final payment and any deposit are recorded in the booking confirmation.
The contract between the tenant and the landlord is concluded when the reservation confirmation is sent by e-mail.
If the deposit and the balance are not received by the landlord by the agreed date, the landlord may, after a short grace period has elapsed without success, rent the property to another party without becoming liable for compensation; however, he may also insist on fulfillment of the contract.
The tenant acknowledges that the property may only be occupied by the number of persons booked in the booking confirmation. Subletting, assignment of the rent or transfer of the rental property to other persons are excluded. Additional persons must be reported to the landlord immediately and a differential payment will be due.
3. Additional costs / operating costs
Service charges and operating costs (such as electricity, gas, heating, etc.) are included in the rental price. Service charges not included in the rental price will be invoiced in advance with the rental price and must be paid together with the latter.
4. Deposit
Chesa Strimer may require a deposit. This is listed in the reservation confirmation/contract. The deposit serves to cover, among other things, ancillary and (subsequent) cleaning costs as well as damage/compensation claims, etc. The deposit 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 may withhold the deposit or part of it on behalf of the landlord. In this case, as soon as the amount has been definitively determined, the landlord shall prepare a statement of account for the tenant and pay / transfer any balance in favor of the tenant, whereby the costs of the transfer shall be borne by the tenant.
Any balance in the landlord's favor must be paid within 10 days of receipt of the statement (all transfer costs shall be borne by the tenant). The lessor's claim is not limited to the amount of the deposit.
5 Arrival, handover of the rental property, complaints
The rented property shall be handed over to the tenant in a clean and contractually compliant condition. If there are any defects or the inventory is incomplete at the time of handover, the tenant must report this to the landlord immediately. Otherwise, it shall be assumed that the rented property has been handed over in perfect condition.
If the tenant takes over the property late or not at all, the full rental price remains due. The tenant is responsible for arriving on time. The time of occupancy on the day of arrival is possible from 16.00 hrs. The keys can be found in the key box at the accommodation.
6. Housemates and guests
The tenant is responsible for ensuring that the housemates, including guests, fulfill the obligations of this contract.
7. Careful use
The rental property may be occupied by no more than the number of persons (including children under the age of 16) stated in the booking confirmation. The tenant undertakes to use the rented property with care, to comply with the house rules and to show consideration for the other occupants and neighbors. Any damage must be reported to the landlord immediately.
Smoking is clearly prohibited in all rental properties.
More than 1 dog and/or other pets are only possible on request and are subject to a charge.
Assignment of the rent, subletting, etc. are not permitted. If tenants, housemates or guests flagrantly violate the obligations of careful use or if the apartment is occupied by more than the contractually agreed number of persons, the landlord may terminate the contract without notice and without compensation following an unsuccessful written warning. In this case, the rent remains due. The right to subsequent claims and claims for damages remains reserved.
8. Return of the rental property
The rental property must be returned on time on the day of departure by 10.00 a.m. at the latest in a tidy condition, including the inventory. The rented property must be left swept clean. This means that coarse soiling must be removed and the rented property tidied up before it is returned. The tenant is responsible for cleaning the kitchen equipment, including crockery, cutlery and kitchen appliances. The kitchen must be left in a reasonable condition. If the rented property is returned very dirty, untidy or in an insufficiently clean condition, the landlord may arrange for the additional costs of cleaning to be borne by the tenant. The tenant is liable to pay compensation for damage and missing inventory.
All keys must be returned to us at the end of the tenancy. Failure to return all keys may result in substantial claims for damages, for example due to the need to install new door locks.
9. Cancellation conditions
The tenant may withdraw from the contract at any time under the following conditions:
- up to 43 days before arrival: CHF 100 processing fee
- 42 to 15 days before arrival: 50% of the rental price
- 14 days before arrival: 100% of the rental price
- No-show: 100 % of the rental price
The date of receipt of the notification by the landlord during normal office hours between 09.00 and 17.00 is decisive for the calculation of the cancellation fee (the next working day shall apply to notifications received on Saturdays, Sundays and public holidays; the public holiday regulations and time zone at the landlord's place of residence shall be decisive. This regulation also applies to messages sent by e-mail, SMS, Internet, etc. or to the telephone answering machine. Substitute tenant: The tenant has the right to propose a replacement tenant. This tenant must be reasonable for the landlord and solvent. He enters into the contract under the existing conditions. The tenant and replacement tenant are jointly and severally liable for the rent.
If the rental property is returned prematurely or the rental is terminated, the entire rent shall remain due. The landlord is not obliged to actively seek a replacement tenant either in the event of cancellation of the rental agreement or in the event of premature return of the rental property or termination of the rental. If the rental property is returned prematurely or the rental is terminated, the entire rental fee remains due.
We recommend that you take out travel cancellation insurance in all cases.
10. Force majeure etc.
If force majeure (environmental disasters, natural disasters, etc.), official measures, unforeseeable or unavoidable events prevent the rental or its continuation, the landlord is entitled (but not obliged) to offer the tenant an equivalent replacement property, excluding any claims for compensation. If the service cannot be provided or cannot be provided in full, the amount paid or the corresponding share for the services not provided shall be refunded to the exclusion of further claims.
11. Liability of the tenant
The tenant is liable for all damage caused by him or members of the household, including guests, and fault is presumed. If damage is discovered after the rental property has been returned, the tenant is also liable for this.
12. Internet use
If an Internet connection / wireless LAN is available in the rented property, the tenant is entitled to use this connection during the tenancy. The access data is intended exclusively for the tenant's personal use. The tenant undertakes not to use the Internet connection for the following purposes:
Use of so-called file-sharing networks (P2P networks)
Infringement of copyright, trademark, patent, name and labeling rights as well as other property and personal rights
Intrusion into third-party data networks, data storage or end devices (so-called "hacking")
Establishing connections that result in costs or other consideration from third parties to the customer or third parties
Distribution or receipt of criminal or unlawful or immoral content or references to such content
Running applications or using devices that lead or may lead to disruptions/changes to the functionality or structure of the Internet connection provided.
13. Liability of the landlord
The landlord is responsible for the proper reservation and fulfillment of the contract in accordance with the contract. The liability of the landlord is excluded to the extent permitted by law. Liability is excluded in particular 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 could not foresee or avert despite due care. Descriptions of infrastructure and tourist facilities such as swimming pools, tennis courts, public transport, mountain railroads, slopes, store opening times, etc. are for information purposes only and do not bind the landlord under any legal title.
14. Data protection
The landlord is subject to the Swiss Data Protection Act and processes the data in accordance with these regulations. Chesa-strimer will store the data transmitted to it (if necessary with a third-party company so that the contract can be fulfilled correctly. Chesa-strimer may inform the tenant about its offers in the future. If the tenant does not wish to receive this service, he can contact info@chesa-strimer.ch directly. The relevant information will contain a corresponding note on the termination of this service. In accordance with local legislation, chesa-strimer may be obliged to register the tenant and their housemates with local authorities. Chesa-strimer reserves the right to transmit the data of the tenant or housemates and guests to the competent authorities or to commission third parties to enforce its rights in order to pursue legitimate interests or in the event of suspicion of a criminal offense.
15. Applicable law and place of jurisdiction
Swiss law is applicable. The place of jurisdiction for any legal action is the Regional Court of Maloja, Plazza da Scoula 16, 7500 St. Moritz.
La Punt Chamues-ch, January 2024
