General contractual conditions
1. introduction
These General Terms and Conditions of Contract are part of the contract between you and the owner of the respective rental property, represented by the manager of Chesa Munteratsch (hereinafter referred to as the manager). We recommend that you carefully study the following General Contractual Conditions.
2. reservation and conclusion of contract
With your verbal or written (incl. e-mail) reservation you conclude a contract with the manager. From that moment on, the rights and obligations arising from the contract as well as the present contractual conditions become effective for you and the manager. You will receive a contract from the owner immediately. If the contract differs from the description or offer, you acknowledge the conclusion of the contract on the basis of the contract with your down payment. If no down payment is made within 30 days of receipt of the contract, the manager may freely dispose of the reserved object. Special requests on your part can only be accepted by the operator as a non-binding request. There is no legal claim to its fulfillment, unless the manager has confirmed this in writing. In case of non-payment of the rental fee in due time according to the provisions of section 3.3, the manager may refuse to provide the services.
The language of the contract is German. Swiss law shall apply exclusively. The German version of these contractual conditions shall prevail. The English, French and Italian versions are for information purposes only.
3. prices
3.1 Rental prices
Unless otherwise stated, the published prices are to be understood as weekly prices for the rental object in the corresponding price period. The published prices are valid until the new edition of the price list or until the update of the website. Subject to paragraph 3.5 ("Price changes"), the prices valid at the time of booking shall apply. Special promotions are not always valid on all apartments. Not included in the rental price and to be paid on the spot are the additional costs (parking, kiosk, sauna, additional cleaning, etc.). The minimum rental period is usually 7 days, arrival and departure day is always Saturday (high season). Exceptions are possible with written confirmation. Prices include normal energy consumption, unless otherwise stated in the description.
3.2 Payments
The rental amount for the booked rental property is to be paid before the start of the trip as follows: 40% of the rental amount of the reserved rental object is to be paid within 14 days after booking. The remaining amount is to be paid to the manager at least 30 days before the beginning of the rental period. In the case of short-term reservations less than 30 days before the start of the rental period, the entire rental price is due immediately upon booking and is to be transferred to the manager. In the event of late payment of the balance or the entire rental amount for short-term bookings, the manager may refuse to provide the services.
3.3 Cancellation costs
In the event of cancellation by you, we will charge you the booking fee as well as the following cancellation fees:
. up to 6 weeks before the start of the rental period free of charge, less an expense contribution of Fr. 50.--.
. up to 2 weeks before the start of the rental period 50% of the rental price
. after that and on the day of arrival the entire invoice amount is due
Decisive is the arrival of your message at the booking office (phone +41 (0)81 838 64 64). If the object is not taken over or is taken over late, the entire invoice amount remains owed. We recommend that you take out cancellation insurance.
3.4 Price changes
The object descriptions and price calculations have been made with care. Nevertheless, we can not completely exclude service and / or price changes. These will be communicated to you at the time of booking and at the latest in the reservation confirmation. The information on the contract is valid. Changes in services after the conclusion of the contract are unlikely, but cannot be completely excluded. If it is a significant change of an essential point of the contract, you have the right to withdraw from the contract free of charge within five days after receipt of the notification. Payments already made will be refunded immediately. Price changes up to 22 days before the start of the rental period are expressly reserved for the following reasons: Increase or introduction of duties and taxes on certain services.
4. arrival and departure
Shortening or extension of the stay
Together with the contract you will receive the documents about the apartment, arrival and other info. The arrival must be according to the information in the travel documents, usually between 4 pm and 6 pm, the departure before 10 am. As a rule, the apartment should be ready for occupation from 4 p.m., but if there is a delay in the handover for operational reasons, the manager is not liable for damages. If you should arrive later than 18.00 o'clock, the landlord is to be informed in time about it. If you are not able to take over the object as agreed, e.g. due to increased traffic, strikes, etc. or for personal reasons, the entire rental price remains owed. The same applies if you leave the object prematurely. If you wish to extend your stay, please arrange this in good time.
5. substitute rental objects and termination of the contract by the manager
The manager may, if unforeseeable or unavoidable circumstances require it, assign you an equivalent substitute object from the existing offer. The landlord is entitled to cancel the contract before or during the rental period if unforeseeable or unavoidable circumstances make it impossible to hand over the rental object, endanger the tenants or the object or impair the performance of services to such an extent that the execution of the contract is no longer reasonable. Payments already made shall be refunded, if necessary with a deduction for services rendered. The Manager shall not be liable for damages in any of the cases mentioned under clause 5.
6. occupancy
The rental property may only be occupied by the intended number of persons (children and infants included). Additional persons may be refused by the manager or charged separately.
7. further obligations of the tenant
The rented property must be used with care. Consideration for neighbors, etc. should also be taken into account. Cleaning of kitchen equipment, dishes and cutlery is the responsibility of the tenant (and not included in the final cleaning).
If the tenant or co-users cause damage, this must be reported immediately to the manager. The tenant is liable for any damage caused by him or the co-users, unless they can prove that they are not at fault. The same applies if the apartment cannot be handed over to the next tenants. Damages will be charged.
8. complaints, claims for damages
If the object is not in contractual condition or if you suffer damage, this must be reported immediately to the manager. If there is no immediate notification of non-hidden defects at the beginning of the rental period, the object is presumed to be free of defects. If the defects occur during the rental period, the same rules apply. The manager is not entitled to accept claims. Any claims must be submitted in writing to the property manager within four weeks after the contractual end of the rental period and the necessary evidence (photos, etc.) must be submitted. If you do not comply with the above rules, you forfeit all rights to compensation.
9. liability of the manager
If the rental object is not in conformity with the contract, the manager will endeavor to provide you with an equivalent replacement object. If this is not possible within a reasonable period of time or if you reject this for objectively important reasons, the manager will compensate you for any reduction in value if the manager is at fault. Should you incur damage due to culpable breach of contract by the manager, the manager shall be liable. The legal liability for other than personal injury (e.g. property damage and financial loss) is limited to the rental price (whereby the claims of all persons involved are added together). Should international agreements or national laws apply to the services provided by the Manager, which further limit or exclude liability, these agreements or laws shall apply. If the damage is due to the following causes, the Manager shall not be liable:
. Acts or omissions by you or any person sharing the service;
. unforeseeable or unpreventable failures of third parties not involved in the provision of the contractual services;
. force majeure or events which the manager, the agent or auxiliary persons could not foresee or avert despite all due care;
. Use of swimming pools, children's playgrounds, sports facilities of all kinds (such as tennis courts, football fields, training facilities).
The use of these facilities is at your own risk;
. Damage and losses resulting from burglary.
For non-contractual liability, these provisions apply analogously. Liability for auxiliary persons is expressly excluded. International agreements and national laws with more extensive limitations or exclusions of liability take precedence.
10. pets
Pets are allowed only in the apartments expressly permitted by the owner and will be charged. Damages caused by the pets are to be paid in full by the tenant. It is not allowed to leave dogs alone in the apartment and to let them run free on the premises.
11. insurances
We recommend that you take out cancellation insurance and liability insurance prior to departure if you have not already taken out sufficient cover.
12. statute of limitations
Claims for damages against the Manager, subject to contractual claims, shall become statute-barred within one year. The limitation period begins on the day following the end of the rental period.
13 Choice of law and place of jurisdiction
Swiss law is applicable to all legal relationships between you and the manager. Silvaplana, Switzerland is agreed as the exclusive place of jurisdiction.
Silvaplana, August 2022