Rental Purpose

Villa Klainguti is made available for private holiday use only. Any commercial or other type of use is strictly prohibited. Villa Klainguti can accommodate a maximum of 9 adults in 4 double rooms and 1 single room. In addition, 3 extra children’s beds sized 65cm x 165cm can be provided to the Tenant of the Villa.

Conclusion of Contract

By signing this Rental Contract, the Tenant acknowledges that the Tenant has legal capacity to act under the laws of the Tenant’s country of residence, or else that the Tenant is at least 18 years of age and entitled to enter into legally binding contracts. The Tenant acknowledges that Villa Klainguti may only be occupied by the person named in the Rental Contract. Subletting, assignment of the Rental Contract or transfer of the Rental Property to persons other than the housemates named in the Rental Contract are strictly prohibited.

Terms of Payment

The down payment, the balance payment and, if applicable, the deposit payment shall be recorded in the Rental Contract. The Rental Contract between the Tenant and the Landlord shall be deemed concluded upon timely receipt by the Landlord of the Rental Contract duly signed by the Tenant. If the Landlord does not receive the signed Rental Contract by the agreed date, the Landlord shall be permitted to let the Rental Property to another party without further notice and without becoming liable to pay the Tenant any compensation whatsoever. If the down payment, the balance payment and/or the deposit payment is not received by the Landlord on or before the agreed date, the Landlord shall grant the Tenant a short grace period of three (3) days, and, if such grace period has elapsed without receipt of the amount due, the Landlord shall be entitled to let the property to another party without becoming liable to pay the Tenant any compensation whatsoever; alternatively, the Landlord can choose to insist on fulfilment of the Rental Contract. All payments under the Rental Contract shall be settled in Swiss francs (CHF currency).

A down payment of 50% of the Rental Amount shall be made upon conclusion of the Rental Contract. The Landlord shal specificy the due date for the balance payment in the Rental Contract. For bookings made at short notice or for payments via PayPal, however, the full Rental Amount shall be immediately due for payment. In the event of delayed or incomplete payment, the Landlord shall be entitled to cancel the booked Rental Period at the Tenant’s expense and require the Tenant to pay the respective cancellation fee as compensation in accordance with Section 7 hereof.

Ancillary Costs

Ancillary costs for utilities such as electricity, gas, heating etc. shall be understood to be included in the Rental Amount unless they are expressly indicated in the Rental Contract. At the end of the Rental Period, any ancillary costs that are not included in the Rental Amount shall be offset against the deposit payment; this specifically applies to booked extra services.

Deposit Payment

The Tenant is obliged to make the deposit payment specified in the Rental Contract. Such deposit payment serves to cover the ancillary costs to be paid by the Tenant and, if applicable, any damage/claims for damages. Such costs shall be settled at the end of the Rental Period. If the amount to be covered by the deposit payment cannot be ascertained at this point in time, or if the Tenant refuses to pay the ascertained amount, the Landlord or the keyholder acting on behalf of the Landlord shall be entitled to retain the deposit amount in full or in part, as appropriate.

Once the balance is definitively known, the Landlord shall prepare a statement of account for the Tenant and pay/transfer to the Tenant any balance resulting in favour of the Tenant, whereby the costs of such transfer shall be incumbent upon the Tenant. Any balance resulting in favour of the Landlord shall be settled within ten (10) days of receipt of the statement of account. The Landlord's claim for payment shall not be limited to the deposit amount.

Arrival, Handover of Villa Klainguti, Complaints

The Rental Property shall be handed over to the Tenant in clean and contractually compliant condition. If, at the time of handover, any defects are present or if the inventory is incomplete, the Tenant shall be obliged to notify the Landlord thereof without delay. Otherwise, the Rental Property shall be deemed to have been handed over in perfect condition.

If the Tenant is delayed in taking possession of the Rental Property, or if the Tenant entirely fails to take it over, the full Rental Amount shall nevertheless continue to be owed. The Tenant shall be responsible for ensuring the Tenant’s timely arrival on site. Managing any obstacles to arrival, such as traffic congestion or cancelled flights, shall also be the Tenant’s sole responsibility. If travelling from abroad, the Tenant shall obtain information in good time about the entry requirements for Switzerland.

The Landlord shall be entitled to request presentation of an identity card from the person(s) so as to verify their identity. Persons who are not listed by name in the Rental Contract may be ordered to leave, and barred from access to, the Rental Property. The Rental Amount shall nevertheless remain payable in full.

Cancellation and Premature Return of the Rental Property

If official prohibitions affecting arrival on site are imposed by public authorities (e. g. quarantine), the booked Rental Period can be cancelled free of charge up to the last day before the start of the scheduled Rental Period.

The Tenant shall be entitled to withdraw from the Rental Contract at any time on the following terms:

From the time of the written booking confirmation up to the 60th day before the start of the Rental Period: no compensation payment shall be due.

In the time from the 60th to the 43th day before the start of the Rental Period: 30% of the final price

In the time from the 42th to the 30th day before the start of the Rental Period: 50% of the final price

In the time from the 29th to the 10th day before the start of the Rental Period: 80% of the final price

If the Rental Contract is cancelled at a later point in time, i. e. less than ten (10) days before the start of the Rental Period: 100% of the final price.

Calculation of the cancellation fee shall be contingent upon the date of receipt by the Landlord of the Tenant’s written notification during normal office hours between 09:00 and 17:00 hours. Notifications received on Saturdays, Sundays or public holidays shall be deemed to have been received on the next working day. The current public holiday regulations and the time zone at the Landlord's registered office shall be authoritative in this regard. This principle also applies to messages sent by email, SMS, Internet, fax as well as to messages left on the telephone answering machine.

Replacement tenant: The Tenant has the right to suggest a replacement tenant (substitute). Such replacement tenant must be financially solvent and objectively acceptable to the Landlord. The Landlord must expressly agree to the envisaged replacement tenant; otherwise, the substitution will not take effect. The replacement tenant shall enter into the rental contract on the terms and conditions governing the Tenant’s existing Rental Contract. The Tenant and the replacement tenant shall be jointly and severally liable for the Rental Amount.

If the Rental Property is returned prematurely or if the Rental Contract is cancelled, the Rental Amount shall nevertheless continue to be owed in full.

The Landlord shall not be under any obligation whatsoever to actively seek a replacement tenant in the event of cancellation of the Rental Contract or premature return of the Villa or abandonment of the Rental.

Force Majeure

If force majeure (environmental disasters, force of nature, etc., official measures, unforeseeable or unavoidable events prevent letting of the Villa or continuation of the Rental Contract, the Landlord shall be entitled, but not obliged, to offer the Tenant an equivalent replacement property to the exclusion of claims for compensation. If such service cannot be provided in full or in part, the amount already paid or the share for the services not provided shall be refunded, with such refund being paid in lieu of any further claims.

Return of the Rental Property

Villa Klainguti shall be returned on time, i. e. on Sunday at 12:00 noon, in tidy condition and including its inventory. Return of the Rental Property requires a joint walk-through inspection conducted by the Tenant and the Landlord so as to identify any damage incurred during the Tenant's stay; the Tenant shall be liable to pay compensation for any damage or missing inventory. The Tenant shall not, however, be liable for any damage caused by the staff members. End-of-rent cleaning shall be understood to be included in the Rental Amount.

Liability of the Tenant

The Tenant shall be liable for any damage caused by the Tenant or by the Tenant’s housemates, including guests, and the fault presumption principle shall apply. If damage is discovered after the Rental Property has been returned, the Tenant shall also be liable for such damage, provided that the Landlord is able to prove that the Tenant or the Tenant’s housemates or guests has/have caused the damage. Responsibility for accidents of any kind shall solely rest with the Tenant or with the Tenant’s housemates and guests, respectively.

Liability of the Landlord

The Landlord shall be responsible for proper reservation of the Rental Property as well as for compliant fulfilment of the Rental Contract. The liability of the Landlord shall be excluded to the extent permitted by law. Liability shall be excluded in particular in respect of actions and omissions on the part of the Tenant (including the Tenant’s housemates and guests), unforeseeable or unavoidable omissions by third parties, force majeure or events which the Landlord as well as any agents or other persons called in by the Landlord were not able to foresee or to avert despite all due care.

Descriptions of infrastructure and tourist facilities such as swimming pools, public transport, tennis courts, mountain railways, pistes, shop opening times, etc. are provided for convenience only and shall not be deemed to create any obligation whatsoever for the Landlord under any legal title.

Data Protection (Privacy Statement)

The Landlord shall be subject to the provisions of the Swiss Data Protection Act and shall process the data accordingly. The Landlord shall process the data transmitted to the Landlord in accordance with the legal requirements and, to the extent necessary, the Landlord shall transmit such data to the keyholder so that the Rental Contract can be duly fulfilled.

The Landlord may keep the Tenant informed about the Landlord’s future offers. If the Tenant does not wish to receive this service, the Tenant can contact the Landlord directly. The Landlord’s information will contain details on how to cancel this service. If required by local legislation, the Landlord or keyholder may be obliged to register the Tenant and the Tenant’s housemates with local authorities. The Landlord reserves the right to transmit the data of the Tenant or of the Tenant’s housemates and guests to the respective competent authorities for the purpose of pursuing or defending the Landlord’s legitimate rights, or in the event of a criminal offence being suspected, or to entrust third parties with enforcing the Landlord’s rights.

The Tenant shall contact the Landlord directly with any privacy-related questions or queries.

Applicable Law

The Rental Contract shall be governed by Swiss law, with Bäch in the Swiss canton of Schwyz being established as the sole and exclusive legal venue. Wherever mandatory legal provisions apply, these shall take precedence over the terms and conditions of this Rental Contract.