Terms and Conditions

GENERAL CONTRACTUAL PROVISIONS

The present general contractual provisions serve as a rental contract between the lessor represented by the Swiss company, Unique Group SA, domiciled at rue des terreaux 5, 1003 Lausanne and hereinafter referred to as “the lessor” or “his representative” and the “lessee” of the rented property, according to the personal information communicated to the lessor or his representative and the dates agreed upon at the time of the reservation

1. Purpose of the lease, conclusion of the contract, terms of payment

By accepting the general contractual provisions at the time of booking, the Hirer confirms that he/she is fully entitled to exercise his/her civil rights (and that he/she is at least 18 years old) and that he/she is duly entitled to enter into contracts in accordance with the legislation of his/her country of residence.

When paying by credit card, if the Lessor or his representative does not receive the balance and/or the deposit on the date agreed upon, he may, after a short grace period, rent the property elsewhere, without being obliged to pay compensation; but he can also demand the performance of the contract. 

The tenant acknowledges that the property may only be inhabited by the persons named in the contract.
The subletting, the transfer of the lease or the fact of leaving the rented property in the care of persons other than the cohabitants named in the contract are excluded.

2. Utilities, Internet connection, cleaning, bedding and tourist tax

All utilities (electricity, gas, heating, etc.), internet connection, the usual cleaning costs (according to section 7 “departure and return of the rented property”), bedding and tourist tax are included in the rental price.

3. Deposit

The lessor or his representative requires a deposit of CHF 500 upon reservation.

The functioning of the equipment of the rented property is checked before the rental. Any problem or malfunction must be reported to the landlord or his representative upon arrival.

The deposit is intended to cover non-routine cleaning costs, damages, potential claims, etc.

The deposit will be returned within 10 working days if the rented property is returned without proven damage and in accordance with section 7 “return of the rented property” of this contract.

In case of damage done during his stay, the tenant is obliged to inform of all the damage done before the end of his stay so that the landlord can restore the property before the arrival of the next tenants. Small glasses and dishes are not counted. For other damages, the lessor reserves the right to ask the lessee for compensation.

If the amount to be covered by the deposit cannot be determined within 10 working days after the end of the tenant’s stay, the lessor reserves the right to an additional period of time, of which he will notify the tenant. The lessor or his representative will issue a statement to the lessee as soon as the amount has been finally determined. The balance in favor of the lessor is payable within 10 days of receipt of the statement by the lessee (all transfer costs being borne by the lessee).

The lessor’s claim is not limited to the amount of the deposit.

4. Full payment

Payment for the rental must be made in full at the time of booking by credit card, paypal or bank transfer.

It shall be the responsibility of the lessee to ensure that the lessor or his representative has received the full amount, otherwise the lessee cannot guarantee the reservation and therefore reserves the right to rent the property to third parties without being liable for compensation; he may, without further notice or obligation to pay compensation, dispose of the leased property in another way.

5. Arrival, handing over of the rented property, complaints

Tenants may enter their units no earlier than 3:00 pm.

The rented property is given to the tenant in a good state of cleanliness and in conformity with the contract. If damage is found at the time of handing over the rented item or if the inventory is incomplete, the hirer is obliged to inform the hirer immediately. Otherwise, the rented property is deemed to have been given in perfect condition.

If the tenant takes possession of the rented property late or not at all, the full amount of the rent is due. It is the responsibility of the tenant to arrive punctually. He also assumes responsibility for any delays (traffic jams, road closures, etc.). If the tenant is coming from abroad, he/she should inform himself/herself in time about the conditions for entering Switzerland.

6. Roommates / guests / subletting / careful use

The rented property may be occupied by the number of persons indicated at the time of booking (including children under 16 years of age).

Pets (including dogs, cats, birds, reptiles, ferrets, guinea pigs, hamsters, etc.) are not allowed. The lessor reserves the right to charge additional cleaning fees in case of non-compliance.

The tenant undertakes to use the rented property with care, to respect the internal regulations and to show consideration for the neighbors. The tenant is responsible for ensuring that his or her roommates and guests comply with the obligations set forth in this agreement and assumes responsibility for doing so.

The tenant is prohibited from assigning, transferring or subletting, in whole and/or in part, the rights referred to in these general contractual provisions.

The tenant will take particular care to prevent fires both within the rented property and in its exterior.

It is strictly forbidden to smoke inside the rented property and smokers will be careful not to throw their cigarette butts on the ground but in ashtrays. The lessor reserves the right to charge additional cleaning fees in case of non-compliance.

The tenant declares to accept the condition of absolute prohibition to organize parties or any other event open to the public inside the rented property as well as in the enclosure of these outside.

The tenant accepts the condition of not creating any acoustic nuisance after 22:00.

If the tenant, his roommates or guests flagrantly violate the obligations of careful use or if the apartment is occupied by more people than contractually agreed, the landlord may terminate the contract without notice or compensation. In this case, the rent is due. We reserve the right to make any other claims or demands for compensation.

7. Departure and return of the rented property

On the day of departure, the rented property must be vacated by 11 am.

The rented item must be returned in good condition and on time, with all the inventory. The final cleaning is included in the price, the tenant is still required to clean the kitchen equipment, as well as the dishes and cutlery.

He/she is also required to dispose of the garbage in the village sorting centers using the taxed bags provided for this purpose.

The lessee is obliged to compensate the lessor for damage, missing inventory items or failure to clean as stipulated above.

8. Cancellation and premature return of the rented property

The tenant may terminate the contract at any time under the following conditions:

Up to 60 days before arrival: 70% of the rent is refunded,
From 60 to 30 days before arrival: 50% of the rent is refunded,
From 30 to 0 days before arrival or in case of no-show: the rent is not refunded.

For the calculation of the cancellation fee, the receipt of the cancellation notice by the Lessor or his representative during office hours, i.e. between 9:00 a.m. and 5:00 p.m. (in the case of arrival on Saturdays, Sundays or public holidays, the next working day shall be deemed to be the date of arrival; the regulations on public holidays and the time zone of Lausanne shall be deemed to be the date of arrival.

This regulation applies to communications by mail, e-mail and WhatsApp.

Replacement tenant: the tenant has the right to propose a replacement tenant. The latter must be solvent and subject to the approval of the lessor or his representative. The lessor or his representative must expressly agree to the replacement lessee. He takes over the contract under the same conditions. The tenant and the replacement tenant are jointly and severally liable for the payment of rent.

Due to COVID 19, a full refund will be made if the Swiss government imposes a travel ban and the client is unable to travel to the apartment area.

9. Force majeure, etc.

If force majeure (natural disasters, natural elements, etc.), administrative measures, unforeseen or unavoidable events prevent the rental or continuation of the rental, the lessor or his representative may (but shall not) offer the lessee a replacement object. If all or part of the service cannot be provided, the amount paid or the part corresponding to the services not provided will be reimbursed to the exclusion of all other claims.

10. Responsibility of the tenant

The tenant is liable for all damages caused by himself or his roommates and guests; fault will be presumed.

If any damage is found after the return of the rented property, please refer to section 3 “Deposit”.

The lessor is entitled to ask the lessee at any time for identification and a copy of his private liability insurance.

11. Lessor's Liability

The lessor or his representative takes care of the reservation and the execution of the contract. The liability of the Lessor and its representatives is excluded according to the legal provisions. In particular, the Landlord shall not be liable for acts and omissions of the Tenant (including his co-tenants and guests), unforeseeable or unavoidable omissions of third parties, force majeure or events which the Landlord or other persons engaged by the Landlord could not foresee or avoid despite exercising due care.

Descriptions of tourist facilities such as swimming pools, tennis courts, public transport, ski lifts, ski runs, opening hours of shops, etc. are provided for information purposes only and are not legally binding on the lessor.

The Lessor and its representatives are not responsible for accidents or improper use of the property and its surroundings.

The children are under the full responsibility of their parents, the lessor and its representatives decline any responsibility in case of accident.

12. Data protection

The Lessor and its representatives are subject to the Swiss Data Protection Act and shall handle data in accordance with its provisions.

Under local law, the landlord or his representative may be required to provide the identity of the tenant and his roommates to the local government or possibly to a third party company, the key holder or any other person in order for the contract to be completed properly. The landlord also reserves the right to pass on the details of the tenant, or of his fellow tenants and guests, to the competent bodies or to third parties in order to assert his rights, in order to protect his legitimate interests or in the event of a suspected offence.

For any questions about data protection, the tenant can contact the landlord or his representative directly.

13. Applicable law and place of jurisdiction

Swiss law is applicable. The exclusive place of jurisdiction is the place of residence of the rented item. Subject to any other applicable legal provisions.

Supplementary agreement to the general contractual rental conditions for a furnished vacation apartment / furnished vacation home for private use concerning the use of WLAN

In order to use the WLAN, a code must be entered, which is only communicated to tenants. By using the WLAN, tenants tacitly accept this user agreement:

  • The Lessee shall be responsible for compliance with the terms and conditions of this User Agreement by all roommates and guests of the vacation rental and, in the event of any breach, shall hold the Lessor and its representatives harmless from all resulting claims.

  • The Lessee confirms that he/she also accepts on behalf of the co-tenants and guests the release of the Lessor’s liability contained in this declaration. Tenant and roommates and guests are collectively referred to as “User” below.

  • The use is free of charge and limited to the duration of the stay in the apartment or vacation home. In this context, the Lessor and its representatives cannot guarantee the effective availability of Internet access. Furthermore, the user is strictly forbidden to communicate the code to third parties. This code becomes inoperative at the end of a given period. A new code can then be requested. Information on this subject can be obtained from the lessor or its representative.

  • By handing over the code, the lessor does not assume any obligation. The use is subject to the technical possibilities. In particular, the user may not claim any right to use the WLAN in any specific way or for any specific period of time.The use of the WLAN may only take place within the scope of what is customary during a vacation stay. In case of excessive and/or professional use, the lessor is entitled to block the access to the WLAN and demand compensation.

  • All warranty liability and compensation, etc. are hereby excluded. In particular, no liability is assumed for the content of websites visited or data downloaded as well as for possible malware (viruses, etc.) associated with the use of the WLAN. The user expressly acknowledges that the WLAN only provides access to the Internet and does not include any anti-virus software or firewall programs. It is the user’s responsibility to protect themselves in this regard. The data transfer is done without coding. The user must ensure that he/she protects him/herself accordingly.

  • The consultation of Internet sites with illicit content and the downloading of content contrary to the law or morality are forbidden.

  • The user is prohibited from using the WLAN to download or otherwise distribute content that is contrary to law or morality or protected by copyright.

  • Any form of misuse and/or intervention in the WLAN equipment (software or hardware is strictly prohibited), in particular those that are likely to cause damage to third parties or the lessor.

  • If, for any reason whatsoever, the Lessor is required to respond to claims by third parties in connection with the use of the WLAN by the user, the Lessee undertakes to indemnify the Lessor and hold the Lessor harmless in this regard.

  • In the event of a proven or suspected violation of the terms of use, access to the WLAN can be blocked at any time without stating reasons. Any liability for loss of data is expressly excluded.

  • In the event of a well-founded suspicion of an infringement, the lessor is entitled to inform the competent authorities and to name the lessee and/or the user (including his address). Furthermore, at the request of the authorities, the lessor is entitled to provide them with the details, including the address, of the lessee and/or user.

April 12, 2022