General Terms and Conditions Valid as of December 1, 2022.
1 Applicability and scope
The following General Terms and Conditions (hereinafter referred to as "GTC") apply between the landlord (hereinafter referred to as "landlord", "us" or "we") and the guest (hereinafter referred to as "guest", "tenant" or "you") for the booking and rental of the vacation apartment "kleine Pferdefarm/little horse farm" in 3645 Gwatt (hereinafter referred to as "vacation apartment"), which is available on our website https://littlehorsefarm.smoobu.net/de/ (hereinafter referred to as "website"). Individual agreements concluded with the guest take precedence over these GTC. The landlord reserves the right to change these GTC at any time. All changes become effective with the publication of the new GTC on the website. The relevant time for the applicability of the valid GTC is the time of the binding booking of the vacation apartment. By making a binding booking of our vacation apartment, you agree to the following terms and conditions as well as our privacy policy.
2 Applicability of the GTC
The guest can book the apartment by e-mail request, by telephone or directly through our website or through connected partner portals These GTC apply when a reservation request (eg by e-mail or telephone) is made directly to the landlord or the booking is made via the booking calendar on our website. Likewise, they apply IN ADDITION to points not regulated in partner portals.
3. conclusion of a contract, binding booking
The presentation of the vacation apartment on the website does not constitute a legally binding offer, but merely a non-binding invitation to the guest to book the vacation apartment. Your inquiry by e-mail or telephone does not constitute a binding booking. Upon receipt of your request, you will immediately receive a response from the landlord. The landlord is free to accept your offer. If the rental company accepts your offer, you will receive a booking confirmation e-mail from the rental company with information about your booking and the total invoice amount to be paid. The booking is considered binding upon receipt of the booking confirmation by the Lessor.
4. services
The services result from the service description on our website and the booking confirmation. Special requests of the guest or additional agreements are considered agreed if they have been confirmed by the lessor.
5. prices and additional costs
Our prices are the same as those stated on the website and the booking confirmation. All prices are in CHF (Swiss Francs) - the rental company is not liable for VAT. Invoices are issued in Swiss Francs and are payable in Swiss Francs. Electricity, water and heating are included in the rental price. The visitor's tax may - depending on the booking portal - be shown separately and may have to be paid additionally. The landlord reserves the right to change the prices at any time. The vacation apartment will be charged on the basis of the prices offered at the time of submission of the binding booking.
6. terms of payment
The payment of the rent is to be transferred to the bank account indicated in the booking confirmation or paid via payment link. The terms of payment agreed upon at the time of booking apply (possibly prepayment of part or all of the booking). If the payment is not received by the agreed date, the landlord may rent the apartment to another party without further notice and without liability for damages to the tenant. A provisional booking is not a confirmed booking. Until the formal confirmation of a booking, prices are subject to change.
7. changes / cancellation of the rental contract
If a tenant wishes to change his arrival or departure date after the booking confirmation, this is possible subject to availability and, if necessary, different daily rates. Additional costs will be charged accordingly. Guests booked 30 days or more prior to check-in date: Full refund for cancellations up to 30 days prior to check-in. 50% refund up to 15 days prior to check-in date. After that, no refund of the total rental amount. Guests booked less than 30 days prior to check-in date: Receive a full refund for cancellations made within 48 hours of booking and at least 14 days prior to check-in date. After that, a 50% refund will be issued until 7 days prior to check-in. After that, no refund will be issued. No refund will be issued in case of no-show of the tenant on the agreed arrival date, no-show or early departure. Depending on the reason for the no-show or early termination, the renter may be able to make a claim under their travel cancellation insurance policy. The tenant is strongly advised to take out travel cancellation insurance. The rental company is not liable for costs that are not insured.
8. handover of the vacation apartment
The apartment is available on the agreed date of arrival in principle from 15:00 clock. Departure is until 11:00 am on the agreed departure date, so that the apartment can be prepared for the next tenants. The apartment will be handed over to the tenant in a clean condition. Complaints regarding cleaning must be reported immediately by e-mail with at least two photos, otherwise the vacation apartment is considered to be handed over in good condition.
9. careful use by the tenant
The tenant undertakes to use the vacation apartment in accordance with the contract and with due care. The vacation home is to be returned in due time in proper condition with complete inventory. The tenant is liable to pay compensation for all damages and missing inventory. In case of damage caused by the tenant, co-tenants or guests of the tenant, the landlord must be notified immediately. Any damage found after departure may be charged to the tenant. The Lessee undertakes to keep the Internet access data secret and not to pass it on to third parties. The Lessor reserves the right to block certain Internet sites. In case of using chargeable services, the lessee has to bear the costs. The lessee is prohibited from using, making accessible or distributing illegal content. Furthermore, the lessee may not use the Internet to send spam and must comply with the regulations for the protection of minors. The Lessee shall indemnify the Lessor against all damages to third parties caused by the improper or illegal use of the Internet by the Lessee, co-tenants, their children or guests.
10 Force majeure
The Lessor assumes no liability for events beyond its control. Examples include, but are not limited to, pandemics, travel restrictions, environmental disasters, natural disasters, strikes, political unrest, government action, sale or repossession of the vacation home, power outages, lack of water supply, closed roads, construction noise, road or rail noise, non-functioning Internet, etc.. In the case of such events, for which we are not responsible, the tenant has no right to reduce the rent, terminate the contract or claim damages. In situations where the vacation home cannot be offered for occupation, if another property is available, the rental company may (but is not obliged to) offer the tenant a substitute property, excluding the tenant's claims for damages. If a substitute object cannot be provided or cannot be provided for the entire duration of the stay, the amount paid or a corresponding share will be refunded to the exclusion of further claims. The liability of the Lessor is limited to the amount paid by the Lessee and cannot exceed it. Translated with www.DeepL.com/Translator (free version)
11 Liability
The rental company is liable for a proper booking and contractual performance of the contract. In the case of damages other than personal injury, liability is limited to the amount paid by the renter, unless there is gross negligence or intent. Claims of the renter are not assignable and become statute-barred12 months after the contractually stipulated end of the rental relationship, regardless of the legal grounds, with the exception of claims in tort. Liability is excluded in case of fault of the tenant, his children or his guests or co-tenants, in case of unforeseeable or unavoidable omissions of third parties, in case of force majeure or in case of events which the rental authority or other persons engaged by the rental authority could not foresee or avert despite due care. The tenant is liable for all damages caused by the tenant, his children or his guests or co-tenants, fault is presumed. The apartment is adjacent to a horse stable. The landlord excludes any liability in connection with the contact of the tenant, his children or guests with the resident animals.
12. complaints
It is of utmost importance to us that our guests feel comfortable and can enjoy their vacations to the fullest. Nevertheless, it can happen that we are not able to satisfy our guests completely. It is therefore very important to us that you contact us immediately if something is wrong or if we can improve.
13. data protection
The rental company collects and processes personal data only in accordance with the applicable data protection laws. For more information on the processing of your personal data, your rights and related issues, please visit our website and read our Privacy Policy, which forms an integral part of these Terms and Conditions.
14 Copyright
The information, photos and content published on the website are protected by copyright and are the property of the rental company or the respective rights holder. The reproduction, editing, distribution or any other form of exploitation are not permitted, or require the prior written consent of the respective rights holder. The Lessor and the respective rights holder expressly reserve all rights in this respect.
15 Severability clause
Should any of the provisions of these GTC be or become illegal, invalid or unenforceable for any reason, this shall not affect the validity of the remaining provisions. Unless otherwise agreed, the invalid provision shall be deemed to be replaced by a valid provision that takes into account as far as possible the economic purpose of the provision and the intention of the parties at the time of conclusion of the contract. The same shall apply to any loopholes in these GTC.
16 Applicable law and place of jurisdiction Swiss law shall apply exclusively. Thun is agreed as the place of jurisdiction.
