Terms and conditions
TERMS AND CONDITIONS RESORT WALENSEE 45
• These general rental conditions apply to reservations and agreements relating to the holiday accommodation "Resort Walensee 45" standing and located at Gostenstrasse 31 in Unterterzen, Switzerland.
• In these general rental conditions, the term "tenant" means the person who concludes a rental agreement with us regarding the rental of the holiday flat.
• These general terms and conditions apply regardless of your (prior) reference to any terms and conditions of your own or to other general terms and conditions. We reject all general conditions referred to or used by you.
• Agreements deviating from these general terms and conditions are only valid if agreed in writing.
Article 1 – Reservations
1. Reservations can be made via our website www.resortwalensee 45.com or via the e-mail address email@example.com. Telephone reservations can also be made by calling 0031-6-28229716.
2. We only accept reservations from persons aged 18 or over. Requests by persons under that age are therefore not valid.
3. We reserve the right to refuse a reservation at any time - without giving reasons.
4. After sending a reservation, you will receive a confirmation, the general rental conditions and an invoice from us within two working days. Payment of the invoice is subject to the conditions described in Article 2.
5. Please check these documents for accuracy and inform us immediately of any inaccuracies. If you have not received an acknowledgement of receipt from us within 10 days of making the reservation, please contact us immediately. If you fail to do so, you can no longer claim the reservation, it will be cancelled.
6. Your reservation is not final until 50% of our invoice has been paid, or, in the case of a request within one month before the arrival date, 100% of our invoice has been paid. If the invoice is not paid within 10 days, the reservation will be cancelled. The agreement concerns the rental of the holiday home for recreational use, which by its nature is short-term pursuant to Article 7:232 paragraph 2 of the Civil Code.
Article 2 - Payment
1. Payment is subject to the following conditions:
a. Payments must be made in Swiss Francs by transfer to the IBAN number specified by us at the Schaffhauser Kantonalbank in Switzerland.
b. You must pay 50% of the invoice amount within 10 days of the invoice date. The remaining 50% must be paid 28 days before the arrival date.
c. If the confirmation of your request is within 28 days before the arrival date, you must transfer 100% of the invoice amount to us upon receipt of the invoice.
2. By paying a partial payment or the entire rental, you confirm that you have read and agree to the general rental terms and conditions. The rental ends by operation of law after expiry of the agreed period. In case of late payment, as described under a of this article, you will be in default immediately after expiry of the payment term. In that case, we reserve the right to cancel your reservation and dissolve the agreement.
3. If it appears on Arrival that the holiday price has not yet been credited (in full) to Resort Walensee 45's bank account, the tenant must still pay the (balance of the) amount before being granted access to the holiday home. If it emerges that a payment has been made by the tenant, but the amount had not yet been credited to Resort Walensee 45's bank account on Arrival, a refund will be made afterwards.
Article 3 - Deposit
1. A deposit in the amount of CHF500 shall be charged to the tenant, which shall serve to guarantee damage and/or costs in the broadest sense of the word that we may withhold in the event of non-compliance with the obligations of the tenant and those accompanying the tenant.
2. The deposit must be paid in cash to our hostess on arrival.
3. In case the deposit is not paid, we are entitled to deny the tenant access to the holiday home. If you fail to pay the deposit, we shall also be entitled to dissolve the contract with immediate effect.
4. The deposit will be returned after settlement of any claims (e.g. damage to inventory/holiday flat and/or other costs) after inspection of the apartment by our hostess in cash. Any (further) claims for damages will not be cancelled by us by this refund.
5. If, in the event of (possible) damage, it appears that the deposit is not sufficient to compensate for the entire damage, we reserve the right to hold you liable for the (remaining) damage.
Article 4 – Changes
1. If, after the conclusion of the booking/agreement, the tenant wishes to make changes to the booking, we are not obliged to comply with them. It is at our discretion whether and to what extent changes are accepted. In principle, changes within 4 weeks prior to arrival cannot be permitted.
2. If, after the booking has been made, the tenant wishes to change the period of stay to a different or non-consecutive period of stay, the cancellation provisions as stated in article 5 shall apply.
Article 5 – Cancellation
Cancellation by the tenant must always be made in writing (by post or e-mail). The following conditions apply:
• Partial payments will not be returned in case of cancellation.
• If cancelled up to 28 days before the day of arrival, 50% of the rent is due.
• For cancellation from 28 days up to the day of arrival, 100% of the rent is due.
• If you have not arrived within 24 hours of the agreed date without further notice, this will be considered a cancellation and 100% of the rent will be due.
• In case of cancellation on our part, any money already paid will be refunded.
Article 6 – Key receipt
1. The moment you are about one hour away from the apartement, you can call our hostess (details will be given to you before your departure) and she will be at the appartment at the agreed time to give you the key. The tenant is never entitled to duplicate the key for any reason. Should the tenant do so, a fine of CHF 500 will be payable, without prejudice to the actual costs. The key to the holiday apartment is provided by us on loan to the tenant. The key remains our property. In case of loss, theft or any other way of losing the key, the tenant shall owe a sum of CHF 100.
2. All costs incurred due to your failure to return the property on time will be recovered from you. Goods found after your departure will be kept for you for a reasonable period of time, but we take no responsibility for them. Returning them can only be done at your expense.
Article 7 – Stay in the apartment
The following periods and times of stay and rules apply to reservations/stay, namely:
1. The period of stay is from Saturday to Saturday
2. Arrival Saturday from 3:00 pm, departure Saturday before 11:00 am;
3. The tenant and other users must behave as a good tenant during the stay in and around the house
4. The holiday home is non-smoking. Smoking is allowed outside on the terrace.
5. No open fire is allowed outside.
6. Pets are not allowed.
7. The rental price does not include final cleaning and bed linen rental. CHF 240 per stay is charged for final cleaning and CHF 15 per bed per stay for bed linen rental. Bed linen consists of a fitted sheet for the mattress, a duvet cover and a pillowcase. Please bring your own towels. An extra bed can be placed upon request for a fee.
8. Although the use of water and electricity is included, we kindly ask you to use them wisely.
9. Staying in the apartment with more persons than agreed upon (at the time of booking) or more than the applicable maximum of five persons is expressly not allowed without our permission, unless otherwise agreed upon in writing.
10. Moving cupboards and beds, as well as sound or television equipment or taking any part of the (inside) inventory outside is expressly not permitted, with the exception of the crockery/glasses and cutlery for your meal outside.
11. A washing machine and dryer are located in the basement of the building. There is a washing key for this purpose in the apartment, which is already charged. The hostess explains its use on arrival and checks the balance on the washing key. On departure, she checks the balance again and you must pay the difference in cash to her. This can of course also be deducted from the deposit. If the dongle is lost or stolen, we are obliged to charge CHF 100.
Article 8 – Force majeure
• Force majeure on our side exists if the performance of the agreement is prevented in whole or in part, temporarily or otherwise, by circumstances beyond our control including war risk, personnel strikes, blockades, fire, floods and other disturbances or events.
• In the event that we are unable, temporarily or otherwise, to perform all or part of the agreement due to force majeure, we may, after we have become aware of the (temporary) inability to perform the agreement, submit a change proposal to the Renter. We will never be obliged to compensate any costs and/or damages to the Renter.
• You are not obliged to accept the amendment proposal. If you do not wish to do so, you must make this known within 14 days of receiving the amendment proposal. In that case, we are entitled to dissolve the agreement with immediate effect. You are then entitled to remission and/or restitution of (the part of) the travel sum already paid.
Article 9 - Liability/complaints/damage
1. During the rental period in question, the tenant and other users are fully and severally liable for all damage caused to the apartment, the inventory and all items belonging to the rented object, unless the tenant and other users can make it plausible that the damage cannot be attributed to them. We therefore recommend that on arrival at the apartment you inspect the inventory carefully for defects and if you notice any damage or defects, please report this to us immediately.
2. We accept no liability for theft, loss or damage of any kind to property or persons during or as a result of the stay in the apartment.
3. We accept no liability for construction activities on the (main) roads, etc. in the vicinity of the apartment .
4. We accept no liability in the event of the failure or inactivation of technical equipment, utilities, the non-functioning or partial non-functioning of the internet and/or the TV.
5. The costs of normal maintenance and repair of defects are for our account. If defects occur, the tenant must inform us immediately and follow our instructions as much as possible.
6. If you still want to submit a complaint, it must be submitted to us in writing and with reasons within 14 days after leaving the holiday home.
Article 10 – Departure and final cleaning
In the event of incorrect use or incorrect abandonment of the holiday home, additional (cleaning) costs may be passed on to the tenant. After the end of the period of stay, the tenant must:
• Leave the house (broom) clean and tidy;
• Have everything dish washed clean, dried and placed back in the cupboard;
• Place the duvet covers and mattress covers in the pillowcases in the hallway;
• Leave the dishwasher and refrigerator clean and empty;
• Take food and not leave anything in the cupboard(s) and/or fridge/freezer;
• Place the cushions of the garden furniture indoors;
• Have emptied trash cans. Outside the parking lot there are containers for residual waste; green waste, glass and plastics. Here you can deposit the relevant waste;
• Report any breakage and/or damage to the hostess or to us.
Article 11 – Applicable law
Only Dutch law applies to all the terms and conditions from the rental agreement/house rules, as well as any disputes arising from this.
Article 12 – Travel documents
The tenant is responsible for having valid travel documents. We accept no liability for the consequences arising from not having the correct travel and/or medical documents and/or compulsory vaccination certificates at that time.
Article 13 – Privacy
1. By accepting the General Terms and Conditions, the tenant gives us permission to register the personal data in the reservation system, all this with due observance of the General Data Protection Regulation (GDPR).
2. At the tenant's request, we will correct, supplement, delete or shield the tenant's data, for example if the data is factually incorrect. This may result in the tenant no longer being able to use (part of) our services.
Article 14 – General
1. We will send our correspondence digitally, unless this is not possible for any reason.
2. All statements are subject to printing and typesetting errors. We do not accept any liability for the consequences of any printing and typesetting errors.