General contractual, rental and business terms and conditions (GTC)
1. This contract shall enter into force on signature by both parties in possession of the lessor and on receipt of the agreed deposit. If the contract signed by both parties and the agreed deposit are not received by the lessor within 14 days of issuance of the contract, the latter shall have the right to rent the property to another party without further notice and without any liability to the lessee.
This provision shall not apply to contracts made through an online booking or short-term rental contracts made within 14 days before arrival. These contracts shall enter into force immediately on issuance of the contract and do not need to be signed and returned.
The following rental terms, which the lessee has acknowledged through signature of a contract or through an online booking, shall apply.
2. The lessee acknowledges that the lessor, Crest Apartments, acts on behalf of the owner of the property. Any claims on the part of the lessee shall be made to the owner, the identity of whom the lessor shall disclose in exceptional cases.
3. If the lessee cannot take the rental as agreed, they shall notify the lessor as soon as possible. Nevertheless, they shall remain liable for the rental payment unless another lessee can be found for the rental period in question. If the apartment can be relet to another party, potentially only a commission shall be due to a third party; for example, if the apartment is relet via Lenzerheide Marketing und Support AG. If the lessee does not comply with the entire rental period, the entire rental amount shall still be paid for the agreed period. In the event of an early termination of the contract, the provisions of the Swiss Code of Obligations shall apply.
4. It is recommended that holiday cancellation insurance is taken out.
5. Please note that pets are not permitted in the apartments, with the exception of specially designated apartments and if a pet is listed under the services section of the contract.
6. The tourist tax in Churwalden is CHF 2.65 per person per night (half-price for children between the ages of 6 and 12). This shall be paid in cash to the lessor during the stay unless this is listed in the contract and is included in the rental price.
7. The following services are included in the rental price: bed linen, face towels, bath towels, kitchen linen, bath mats, one parking space, electricity, heating and water. Other services included are listed in the rental contract.
8. Cancellation and early return of property
The lessee can withdraw from the contract at any time subject to the following conditions:
- up to 42 days before arrival: CHF 100 processing fee
- between 41 and 10 days before arrival: 50% of the rental price
- between 9 and 0 days before arrival, no-shows: 80% of the rental price
The date used to calculate the cancellation fee is the date on which notification is received by the lessor or the booking office during normal office hours of 9 am to 5 pm (the next working day if notification is received on a Saturday, Sunday or public holiday; public holiday regulations and time zone at the domicile of the lessor/booking office shall apply). This rule also applies to notifications by email, SMS, internet, fax or telephone voice mail. The lessee shall have the right to prove that a smaller loss has been incurred by the lessor as a result of the cancellation.
Replacement lessee: the lessee shall have the right to propose a replacement lessee, who, in the view of the lessor, must be reasonable and solvent. The lessor must expressly approve the replacement lessee. The replacement lessee shall take over the contract under the existing conditions. The lessee and replacement lessee shall be jointly liable for the rental payment.
In the event of early return of the rental property or termination of the rental contract, the entire rental payment remains payable. The lessee shall have the right to prove that the lessor was able to relet the property or has made savings.
The lessor is not obliged to actively seek a replacement lessee if the rental contract is cancelled or if the property is returned early.
9. Force majeure, etc.
If force majeure (environmental disasters, acts of God etc.), officially imposed measures or events that cannot be foreseen or avoided, prevent the rental from taking place/continuing, the lessor shall be entitled (but not obliged) to offer the lessee an equivalent replacement property, whereby claims for compensation are excluded. If the service cannot be provided or cannot be provided to its full extent, the amount paid or a proportion thereof corresponding to the services not provided shall be reimbursed, whereby claims for compensation are excluded.
10. Complaints relating to the property must be made by the lessee at the time of handover, otherwise it shall be assumed that the property, including all inventory, was handed over in good condition as agreed in the contract.
11. The lessee shall protect from damage the property rented to them, including the inventory and the internet access used by the lessee, and at the end of the rental period shall return the property with all its keys and fittings. Damaged or unusable items must be replaced such that the lessor is not disadvantaged in any way. On return, the apartment must be swept clean, the bed linen must be removed from beds, rubbish must be disposed of, the dishwasher emptied and the fridge left clean and open. Any abnormally severe soiling, e.g. oven cleaning, stains, dog hairs, etc., may incur additional charges.
12. The lessee shall not do anything that is detrimental to the building, the owner of the apartment or the inventory, and anything that may appear to be or is damaging shall be reported to the lessor immediately. The property may not be sub-let, either in part or as a whole. The apartment may be occupied by at most only as many people as beds are available.
13. The lessee shall be liable for any damage to the building or inventory for which they are in any way responsible.
14. Unless otherwise specified in this contract, Arts. 253-274 of the Swiss Code of Obligations shall apply.
15. In the event of any disputes arising from this contract, the location of the rental property shall be the place of jurisdiction. Swiss law shall apply.