General Conditions
1. Conclusion of agreement, conditions of payment
With his signature, the tenant confirms that he is capable of acting and concluding legally binding contracts. Advance payment, residual payment and deposit if applicable are set out in the contract. The agreement between the lessee and the lessor shall be concluded when the agreement, signed by the lessee, has been received by the lessor. If the signed agreement fails to reach the lessor by the agreed date, the latter may lease the property to other parties without further notification, and without incurring any obligation to pay compensation. Should the landlord not receive the advance payment, residual payment and/or deposit by the agreed date, he is entitled, after the expiration of an extension of the time, to relet the property without liability to pay compensation; he is also entitled to demand fulfilment of the contract.
2. Additional costs
The additional costs (such as electricity, gas, heating, etc.) are included in the rental price unless they are explicitly stated in the agreement. Incidental expenses not included in the rental price are calculated at the end of the rental period, and must be paid cash (CHF) before leaving.
3. Deposit
The landlord is entitled to demand a deposit. This is set out in the contract. Among other things, the deposit serves to cover the ancillary costs and final cleaning costs as well as damages/claims for compensation etc. The deposit will be settled at the end of the rental contract. If at this time, the amount to be covered by the deposit is yet to be determined or the tenant refuses to pay it, the landlord is entitled to retain the deposit or part thereof. In such cases, once the amount is definitely known, the landlord shall prepare an account for the tenant and pay/transfer to the tenant any balance in his favour, whereby the costs of the transfer are to be borne by the tenant. The landlord’s claims are not restricted to the amount of the deposit.
4. Handover of the leased property, complaints
The leased property shall be handed over to the lessee in clean condition, as stated in the agreement. If any defects are present or if the inventory is incomplete when the property is handed over, the lessee must immediately submit a complaint to the keyholder/ lessor, pointing this out. Otherwise it shall be assumed that the rental property was handed over in perfect condition. If the lessee is late in occupying the property, or if he fails to occupy the property at all, the full rental price shall remain due. The lessor is selfresponsible for a punctual arrival. Possible hindrances on the journey of arrival (such as heavy traffic, closed roads etc.) must be reckoned with and are the responsibility of the lessor.
5. Housemates and guests
The tenant is responsible for ensuring that housemates and guests respect the obligations arising from this contract.
6. Careful use
The rental property may not be occupied by more than the number of persons specified in the contract (including children under the age of 16). Pets (this term includes dogs, cats, birds, reptiles, rats, ferrets, guinea pigs, hamsters etc.) are not allowed, except with the landlord’s express agreement. The tenant undertakes to use the rental property with care, to observe the house rules and to behave with consideration for other house occupants and neighbours. In the event of damage, the landlord/key holder is to be informed immediately.
Sub-letting is not permitted.
In the event of flagrant infringement of the duty of careful use by the tenant, housemates or guests, or if the apartment is occupied by more than the contractually agreed number of persons, the landlord / key holder is entitled to terminate the contract without notice or reimbursement if his written warning goes unheeded. In this case, the rent shall remain due for payment.
7. Handing back the rental property
The rental property is to be handed back on time in reasonable condition together with fixtures and fittings. The tenant is liable to pay compensation for damage and missing fixtures and fittings.
8. Cancellations and premature return of the rental object.
The lessee may withdraw from the agreement at any time, subject to the following conditions: • CHF 100.-- handling fee • 41 to 25 days prior to arrival: 50 % of the rental price • 24 to 15 days prior to arrival, no-shows: 80 % of the rental price • 14 to 0 days prior to arrival, no-shows: 100 % of the rental price
The amount of compensation due in respect of cancellation is determined by the date of receipt of notice by the landlord at the booking office (on Saturdays, Sundays or public holidays, the next working day shall apply; the holiday regulations at the place of residence / domicile of the landlord / booking office shall be authoritative). In the event of premature handing back of the rental property or termination of the tenancy, the entire rent remains due for payment. The tenant is entitled to demonstrate that the landlord could have relet the property or has achieved savings. Substitute lessees: the lessee has the right to propose a substitute lessee, who must be solvent and acceptable to the lessor. The substitute lessee shall enter into the agreement subject to the existing conditions. The lessee and the substitute lessee shall be jointly and severally liable for the rent. In the event of premature handing back of the rental property or termination of the tenancy, the entire rent remains due for payment. The tenant is entitled to demonstrate that the landlord could have relet the property or has achieved savings. In the event of cancellation of the rental contract or premature handing back of the rental property or termination of tenancy, there is no duty on the landlord to actively seek a replacement tenant.
9. Force majeure, etc.
If force majeure (environmental disasters, acts of God, officially imposed measures, etc.), or events which cannot be foreseen or averted prevent part or all of the leasing arrangement, the lessor is entitled (but not obliged) to offer an equivalent property to the lessee, whereby claims for compensation are excluded. If it is impossible to provide all or part of the service, the paid amount or the relevant proportion thereof shall be refunded, to the exclusion of any further claims.
10. Liability
In the event of cancellation of the rental contract or premature handing back of the rental property or termination of tenancy, there is no duty on the landlord to actively seek a replacement tenant. Liability is excluded for acts 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, intermediary or other person called upon by the landlord could not have foreseen or avoided despite all due care. The tenant is liable for all damage caused by himself or housemates, including guests, the liability shall be presumed. The tenant is also liable for damage ascertained after the handing back of the rental property, insofar as the landlord can prove that the damage was caused by the tenant (or his housemates or guests).
11. Applicable law and place of jurisdiction
Swiss law shall be applicable. It is agreed that the locality where the leased property is situated shall be the exclusive place of jurisdiction.