General Terms and Conditions - Aparthotel Chesa Bellaval, 7513 Silvaplana
1. subject matter of contract
These General Terms and Conditions of Contract govern the legal relationship between a guest and the Aparthotel Chesa Bellaval or the flat owners. We recommend that you read the following General Terms and Conditions of Contract carefully.
The managers of the Aparthotel Chesa Bellaval rent out the flats in the name and for the account of the respective owner of the flat. The contract is concluded between the guest and the owner.
3. Reservation and conclusion of contract
Following your verbal or written reservation, you will receive a binding booking confirmation. From that moment on, the rights and obligations of this contract apply. We reserve the right to correct obvious errors, e.g. printing and calculation errors.
The rental contract becomes valid upon receipt of the deposit (bank account details on the contract) or by payment by credit card. If the contract deviates from the description or offer, you accept the contract with your down payment. If no down payment is made within 14 days of the date of the contract, the owner may freely dispose of the reserved property.
Special requests on your part
In the event of late payment of the rental sum in accordance with the provisions of clause 4.2, the manager may refuse to provide the services. The contractual language is German and is subject exclusively to Swiss law. The German version of these contractual conditions is authoritative. The English, French and Italian versions are for information purposes only.
Diese gelten bis zur Neuausgabe der Preisliste oder bis zum Update der Website. Vorbehalten Absatz 4.4 («Preisänderungen») sind die jeweils bei der Buchung gültigen Preise massgebend.
These are valid until the new price list is issued or until the website is updated. Subject to paragraph 4.4 ("Price changes"), the prices valid at the time of booking shall apply.
4.1 Rental prices
Unless otherwise stated, the published prices are to be understood as weekly prices for the rental object in the corresponding price period. Included in the rental price are: Bed linen and towels, final cleaning, visitor's tax and internet.
Depending on the flat, pets, cot and parking space can be added for a fee.
Not included in the rental price and to be paid on the spot are additional services such as bread service, kiosk items, sauna, electric charging, etc.
The minimum rental period in the high season is usually 7 days with arrival and departure on Saturday. Exceptions can be granted on request, which come into effect with the written rental contract.
The rental sum for the booked rental property is to be paid before the start of the trip, as follows: 50% down payment of the rental sum is to be made within 14 days of booking. The balance is due at the latest 21 days before the start of the rental period. For short-term reservations of less than 30 days before the start of the rental period, the entire rental price must be paid immediately upon booking. In the event of late payment of the balance or the entire rental amount in the case of short-term bookings, the manager may refuse to provide the services. In consultation with the manager, the rental amount owed can be paid on site.
4.3 Cancellation costs
In the event of cancellation of the contract by you, we will charge you the flat-rate booking fee as well as the following cancellation fees:
Up to 6 weeks before the start of the rental period, we will charge you the applicable flat-rate booking fee plus a processing fee of CHF 50.00.
Up to 21 days before the start of the rental period, we charge 50% of the rental price plus the flat-rate booking fee and a cancellation fee of CHF 50.00.
From the 20th day before the date of arrival, the full invoice amount is due.
The arrival of your notification at the booking office (firstname.lastname@example.org) is decisive. If the object is not taken over or is taken over late, the entire invoice amount remains due according to the rental contract (booking confirmation).
We recommend that you take out cancellation insurance with an appropriate agency.
4.4 Price changes
The object descriptions and price calculations have been made with care. Nevertheless, we cannot completely rule out changes in services and/or prices. Any changes will be communicated to you at the time of booking and at the latest in the confirmation of reservation. The details on the contract are valid. Changes to services after conclusion of the contract are unlikely. One such exception could be the sudden introduction of duties and taxes on certain services.
5. Arrival and departure
You will receive your travel documents from us before your arrival. On the day of arrival, we will be waiting for you at the reception of the Chesa Bellaval between 16:00 and 18:00. Normally the flat is ready for occupancy from 4.00 pm. Should there be a delay in handing over the flat for operational reasons, the manager is not liable for damages. If you arrive later than 6.00 p.m., the manager must be informed. On the day of departure, the flat must be vacated by 10.00 a.m. at the latest.
Even in the event of late arrival or early departure, the entire rental price remains due.
6. substitute rental objects and termination of the contract by the manager
The landlord may, if unforeseeable or unavoidable circumstances so require, assign you an equivalent substitute property from the existing offer. The landlord is entitled to cancel the contract before or during the rental period if unforeseeable or unavoidable circumstances make it impossible to hand over the rented property, the tenants are at risk or the provision of services is so impaired that it is no longer reasonable to expect the contract to be fulfilled. Payments already made shall be refunded, if necessary with a deduction for services rendered. The manager shall not be liable to pay damages in any of the cases mentioned in clause 6.
The rented property may only be occupied by the intended number of persons. Additional persons may be refused by the manager or charged separately.
8. further obligations of the tenant
The rented property is to be treated with care. Consideration should also be shown to neighbours. The cleaning of the kitchen inventory (pots, dishes and cutlery) as well as the oven and refrigerator are the responsibility of the tenant and are not included in the final cleaning.
If the tenant or co-user causes damage, this must be reported immediately to the manager. The tenant and the co-users are liable for any damage caused by them. The same applies if the flat cannot be handed over to the next tenant. Damage will be charged.
9. Complaints, claims for damages
If the object is not in a condition in accordance with the contract, this must be reported to the manager immediately. If, in the case of non-hidden defects, no immediate notification is made at the start of the rental period, the property shall be presumed to be free of defects. If the defects occur during the rental period, the same rules shall apply. The landlord is not entitled to acknowledge claims. Any claims must be submitted to the property manager in writing within four weeks of the contractual end of the rental period and the necessary evidence (photos, etc.) must be submitted. After expiry of this period, the right to make a claim for damages expires.
10. Liability of the manager
If the rented property is not in conformity with the contract, the manager will endeavour to provide you with an equivalent replacement property. If this is not possible within a reasonable period of time or if you refuse this for objectively important reasons, the landlord will compensate you for any reduction in value if the landlord is at fault. If you suffer damage due to a culpable breach of contract by the landlord, the landlord shall be liable.
Pets are only allowed in the flats expressly permitted by the owner and will be charged for. Damage caused by pets is to be borne in full by the tenant. It is not permitted to leave dogs alone in the flat or to let them roam freely on the premises.
We recommend that you take out cancellation insurance and liability insurance prior to departure, unless you have already taken out sufficient insurance cover.
Claims for damages against the manager, subject to contractual claims, shall become statute-barred within one year. The limitation period shall commence on the day following the end of the rental period.
14. Choice of law and place of jurisdiction
Swiss law shall apply to all legal relations between you and the manager. Silvaplana, Switzerland is agreed as the exclusive place of jurisdiction.
Silvaplana, October 2023