Validity of the General Terms and Conditions

• These general terms and conditions apply to contracts for the rental of the Cresta holiday home for accommodation as well as all other services and deliveries provided to the guest by Yvonne and Martin Kessler. The services provided by Yvonne and Martin Kessler are provided exclusively on the basis of these General Terms and Conditions.
• The subletting or reletting of the holiday home provided, as well as its use for purposes other than residential purposes, requires our prior written consent.
• The guest's terms and conditions only apply if they have been agreed upon in advance. Deviations from these conditions are only effective if we have expressly confirmed this in writing.

Definitions

• The term “Kessler family”, “we”, “us” or “our” refers to Yvonne and Martin Kessler.
• The term “house entry” refers to our website www.ferienhaus-cresta.ch.
• The term “Services” refers to all services provided by Yvonne and Martin Kessler from time to time, including but not limited to receiving booking information via our booking and payment system, managing reservations and payments and responding of customer inquiries via our reservation system and the management of content on third-party channels via our Channel Manager.
• The term “Customer” refers to either: a) the person who registers for a Customer Account on his or her own behalf; or b) the organization with which the individual registers for a customer account on behalf of an organization.
• The term “Property” refers to any form of accommodation, building, houseboat, apartment, room, apartment block, house or other apartment or rental space displayed by the Customer or a third party channel and offered for rent through the Services.
• The term “Content” means text, graphics, images, music, software, audio, video, information or any other form of data.
• The term “Customer Content” refers to content provided by Customer as part of using the Services, including but not limited to other information.

Booking/booking confirmation

Booking inquiries can be made via our website www.ferienhaus-cresta, by email to info@ferienhaus-cresta.ch or by telephone on +41 79 441 98 42. Any requests made via any other method, such as Facebook, will not be considered.

If we can offer you the holiday apartment in your desired period, we will send you a written confirmation, rental agreement and invoice by email or post. Your booking is legally binding upon receipt of the booking confirmation and after the deposit has been paid (see § 3 Terms of Payment).

Payment terms

Once the deposit has been received, your booking becomes valid. The deposit of 50% of the rental price is due within 14 days of receipt of the booking documents. After the deposit has been paid, the remaining amount is due 7 days before departure. If the payment deadlines are not met, we can withdraw from the contract. Non-payment is considered a withdrawal and entitles you to re-rental.

Additional costs for water, parking space and waste are not charged. The energy costs are billed as a flat rate. The electricity price per week/weekend can always be viewed on the website.

Arrival and departure

On the day of arrival, the holiday home is available from 2 p.m. If you book a weekend, the holiday home is available on Friday from 4 p.m. If you arrive after 10 p.m., the guest must pay a surcharge of CHF 30.00. The guest will receive information about key handover by telephone or email 10 days before arrival. Claims for damages cannot be made if, in exceptional cases, the holiday apartment cannot be occupied promptly at 2 p.m.

On the day of departure, you must leave the house by 10 a.m. If the guest wishes a later departure, this should be discussed with us in advance. A later departure without prior agreement will be charged.

If the guest does not show up by 11 p.m. on the day of arrival, the contract is considered terminated after 48 hours without notifying us. We or our representative can then freely dispose of the house. There will generally not be a (proportionate) refund of the rent due to early departure.

The apartment must be left swept clean on the day of departure. The kitchen is in a clean condition, i.e. the dishes, glasses, etc. must be cleaned and put away, the trash cans must be emptied and the refrigerator should be empty and cleaned. Remove the bed linen from all used beds and put them in a pile. If the apartment is not left as requested, you may be charged for this in addition to the final cleaning price.

Holiday home

We will hand over the holiday home in a tidy and clean condition with a complete inventory. If you notice any defects during your stay, the guest is obliged to inform us immediately. The guest is liable for any damage caused by him to the rental property, the inventory, e.g. broken dishes, damage to the floor or furniture. This also includes the costs for lost keys.

The inventory must be treated gently and carefully and is only intended to remain in the holiday home. Adjusting furnishings, especially beds, is prohibited. The guest is also liable for the negligence of his fellow travelers. Damage caused by force majeure is excluded from this. If the holiday home is used in violation of the contract, such as subletting, overcrowding, disturbing the peace, etc., the contract can be terminated without notice and the guest must therefore leave the holiday home. The rent already paid remains with us.

Pets

The accommodation of pets of any kind is only permitted in the holiday home with the prior written consent of the provider. A reasonable surcharge of CHF 10.00 to 30.00 is required for the accommodation of animals. If animals are accommodated without the provider's prior consent, the provider may charge a cleaning fee of up to CHF 100.00.

Stay

The holiday home may only be used by the number of people listed in the booking. If the apartment is used by more people than agreed without prior notice, a separate fee of 10 p.m. per person must be paid. In this case, we also have the right to terminate the contract without notice.

Subletting or transferring the apartment to third parties is not permitted. The guest agrees to the general terms and conditions and the house rules of the holiday apartments. The declaration of consent takes place with the payment.

In the event of violations of the General Terms and Conditions or the house rules, we are entitled to terminate the rental agreement immediately and without notice. There is no legal right to repayment of the rent or compensation.

Cancellation of trip

In the event of cancellation, the guest is obliged to pay part of the agreed price as compensation. Cancellation must be made in writing. The amount of compensation depends on the time up to the day of arrival and is as follows:

• Cancellation more than 6 months before the day of arrival 20% of the agreed price
• Cancellation 6 to 5 months before the day of arrival 50% of the agreed price
• Cancellation 5 to 4 months before the day of arrival 60% of the agreed price
• Cancellation 4 to 3 months before the day of arrival 80% of the agreed price
• Cancellation 3 to 0 months before the day of arrival 100% of the agreed price
• No-show  100% of the agreed price

If the tenant is unable to take up the rental agreement due to official measures, e.g. contact restrictions or quarantine (unless borders are closed or we have to close our house) or for other reasons and does not provide a replacement tenant, the cancellation conditions listed apply.

Cancellation by the landlord

In the event of cancellation on our part, as a result of force majeure or other unforeseeable circumstances (such as accidents or illness of the hosts) as well as other circumstances beyond our control that make fulfillment impossible; liability is limited to the reimbursement of costs. If the withdrawal is justified, the customer has no right to compensation - liability for travel and hotel costs is not accepted.

We can withdraw from the contract after the start of the rental period without observing a notice period.

Liability of the landlord

We are liable within the scope of our duty of care for the proper provision of the rental property. Liability for possible failures or disruptions in the water or electricity supply, as well as events and consequences caused by force majeure are hereby excluded.

Permission to use Internet access via WLAN

We maintain internet access via WLAN in our holiday home. We allow the guest to share the WiFi access to the Internet for the duration of their stay in the holiday property. The tenant does not have the right to allow third parties to use the WiFi.

We do not guarantee the actual availability, suitability or reliability of Internet access for any purpose. He is entitled at any time to allow additional co-users to operate the WLAN in whole, in part or at times and to restrict or exclude the tenant's access in whole, in part or at times if the connection is or has been used unlawfully, insofar as we have to fear a claim as a result and cannot prevent this in a reasonable amount of time with normal and reasonable effort. In particular, we reserve the right to block access to certain pages or services via the WLAN at our reasonable discretion and at any time (e.g. pages that glorify violence, pornography or paid pages).

access data

The use of the WLAN takes place via access security. The access data (login and password) may under no circumstances be passed on to third parties. If the guest wishes to grant third parties access to the Internet via WLAN, this is dependent on our prior written consent and the third party's acceptance of the provisions of this user agreement, documented by a signature and complete identification. The guest undertakes to keep his access data secret. We have the right to change access codes at any time.

Dangers of WLAN use, limitation of liability

The guest is advised that the WLAN only enables access to the Internet; virus protection and firewall are not available. The data traffic created using the WLAN is unencrypted. The data can therefore potentially be viewed by third parties. We expressly point out that there is a risk that malware (e.g. viruses, Trojans, worms, etc.) can get onto the end device when using the WLAN. Use of the WiFi is at your own risk and at the guest's own risk. We assume no liability for damage to the tenant's digital media that occurs through the use of internet access, unless the damage was caused intentionally or through gross negligence by us and/or our vicarious agents.

House rules, general rights and obligations

1. The guest is obliged to comply with the house rules. This is visibly hung in the house.
2. For the duration of the holiday home, the guest is obliged to keep windows (unless tilted) and doors closed when leaving the holiday home.
3. There is a general ban on smoking in the holiday home. In the event of violations, you may be charged a cleaning fee of up to CHF 500.00. The tenant is liable for damage caused by improper smoking, such as burn holes on floors/walls or on objects. Smoking is only permitted on the seat behind the house.
4. Our in-house parking lot offers 7 outdoor parking spaces.
5. The use of the children's playground is permitted for children and is at their own risk. Parents are responsible for their children.
6. The charcoal grill must be cleaned after use or before departure. Clean the grill grate and dispose of the ashes in the blue tub for cold ashes.
7. Smoking and lighting candles in the house are strictly prohibited. Please use the ashtrays on the garden seating area. Smoking is only allowed there.
8. The adjacent meadows in the agricultural area outside the garden fence may not be entered when the grass is high.
9. The introduction and/or attachment of materials for decoration or similar is not permitted in the holiday home. The guest is solely liable for any decorations installed and/or attached, etc. The guest is also obliged to compensate for damage caused by the installation or attachment of decorations or similar.
10. We have the right of access to the holiday home at any time, especially in the event of imminent danger. Appropriate consideration must be given to the guest's interests worthy of protection when exercising the right of access. We will inform the guest in advance about exercising the right of access, unless this is unreasonable or impossible under the circumstances of the individual case.

Place of jurisdiction

The Prättigau/Davos regional court is responsible for any disputes arising from the contractual relationship.