GENERAL CONDITIONS OF THE LEASE AGREEMENT

AND DATA PRIVACY STATEMENT

-> 1. Permitted use, conclusion of agreement,

conditions of payment

• The rental property shall only be used for private holidays. Any

commercial or other use is strictly forbidden.

• With his signature, the lessee confirms that according to the laws

of his country of residence, he is capable of acting (but at least 18

years of age) and concluding legally binding contracts. Advance

payment, residual payment and deposit if applicable are set out in

the agreement. The agreement between the lessee and the lessor

shall be concluded when the agreement, signed by the lessee, is

received by the lessor by the date indicated in the agreement. The

transfer costs shall be borne by the lessee (“OUR payment”).

• If the signed agreement fails to reach the lessor by the agreed date,

the latter may lease the property to other parties without further

notification and without liability to pay compensation. Should the

lessor not receive the advance payment, residual payment and/or

deposit by the agreed date, he is entitled, after the unsuccessful

expiration of a brief grace period, to re-let the property without lia-

bility to pay compensation; he is also entitled to demand contrac-

tual fulfilment and request the cancellation charges as defined in

• The lessee takes note that only the persons whose names are lis-

ted in the Agreement shall reside in the rental property. The lessee

is not permitted to sublet, to assign the rent or to cede the rental

property to anyone other than the fellow occupants whose names

are listed in the Agreement.

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> 2. Additional costs

The additional costs (such as electricity, gas, heating, etc.) are in-

cluded in the rent unless they are explicitly stated in the agree-

ment. Additional costs not included in the rent are calculated at

the end of the lease period and must be paid in cash (CHF) before

leaving. Charges such as health resort taxes are generally not in-

cluded in the rent.

-> 3. Deposit

The lessor is entitled to demand a deposit. This is set out in the ag-

reement. Among other things, the deposit serves to cover the ad-

ditional costs and final cleaning costs as well as damages/claims

for compensation, etc. The deposit will be settled at the end of

the lease agreement. If at this time, the amount to be covered by

the deposit is yet to be determined or if the lessee refuses to pay

it, the lessor, or the key holder on behalf of the lessor, is entitled

to retain the deposit in whole or in part. In such cases, once the

amount is definitely known, the lessor shall prepare a statement

for the lessee and pay/transfer to the lessee any balance in his fa-

vour, where the costs of the transfer are to be borne by the lessee.

Any balance in favour of the lessor is payable within 10 days after

receipt of the statement (all of the transfer costs will be borne by

the lessee, “OUR payment”). The lessor’s claims are not restricted

to the amount of the deposit.

-> 4. Arrival, handover of the leased property, complaints

• The leased property shall be handed over to the lessee in clean and

contractual condition. If any defects are present or if the inventory

is incomplete when the property is handed over, the lessee must

immediately submit a complaint to the key holder/lessor, pointing

this out. Otherwise it shall be assumed that the leased property

was handed over in perfect condition.

• If the lessee is late in occupying the property, or if he fails to occupy

the property at all, the full rent shall remain due. The lessee is self-

responsible for a punctual arrival. Possible hindrances to the arrival

(such as heavy traffic, closed roads, etc.) are within the responsibi-

lity of the lessee. Lessees arriving from abroad are responsible for

obtaining information regarding the entry requirements for Swit-

zerland in due time.

• The lessor/key holder has the right to ask for a person’s passport

or identity card as a proof of identity. Furthermore, the lessor/key

holder is permitted to reject any persons whose names are not lis-

ted in the Agreement. The rent remains payable in full.

-> 5. Housemates and guests

The lessee is responsible for ensuring and guarantees that

housemates, including guests comply with the obligations arising from this

agreement.

-> 6. Careful use

The leased property may not be occupied by more than the number

of persons specified in the agreement (including children under the

age of 16). Pets (this term includes dogs, cats, birds, reptiles, rats,

ferrets, guinea pigs, hamsters, etc.) are not allowed, except with

the lessor’s express agreement. The lessee undertakes to use the

leased property with care, to observe the house rules and to beha-

ve with consideration for other house occupants and neighbours.

In the event of damage, the lessor/key holder is to be informed

immediately.

• It shall not be permitted to assign the rent, sublet, or otherwise

transfer the lease to persons not listed in the Lease Agreement,

etc.

• In the event of serious infringement of the duty of careful use by the

lessee, housemates or guests, or if the apartment is occupied by

more than the contractually agreed number of persons, the lessor

/ key holder is entitled to terminate the agreement without notice

and without reimbursement if his written warning goes unheeded.

In this case, the rent shall remain due for payment. This is subject

to additional claims and claims for damages.

-> 7. Handing back the leased property

The leased property is to be handed back on time, complete and

in proper condition. The leased property is to be cleaned before

being handed back. This obligation is inapplicable only if expressly

agreed with the lessor. Whether the final cleaning is included in

the rent or whether it is separately stipulated, the lessee is ne-

vertheless responsible to clean the kitchen furnishings, including

tableware and cutlery and the refrigerator. If the leased property is

handed over in an unclean or insufficiently cleaned condition, the

lessor is entitled to have the cleaning carried out at the lessee’s

expense.

The lessee is liable to pay compensation for damage to the furnis-

hings and missing items, etc

• In the event of discontinuation of the lease or premature handing

back of the leased property, the rent is owed in full. The lessee has

the right to prove that the lessor was able to re-lease the property

or that he achieved savings.

• If the lease agreement is cancelled or if the leased property is pre-

maturely returned or if the lease is discontinued, the lessor is not

obligated to actively seek a substitute lessee.

-> 8. Force majeure, unforeseeable

or unavoidable circumstances, etc.

• If force majeure (environmental disasters, natural disasters, etc.), official measures, unforeseeable or unavoidable events prevent the rental or its continuation, the landlord is entitled (but not obligated) to offer the tenant an equivalent replacement property, excluding any claims for compensation. If the service cannot be provided, or not in full, the amount paid, or the corresponding portion for the services not provided, will be refunded, excluding any further claims.

-> 9. Lessee’s liability

The lessee is liable for all damage caused by the lessee or hou-

semates, including guests. Fault is presumed. If damages should

be found after the return of the leased property, the lessee is also

liable for these, provided that the lessor can prove that the lessee

(or his housemates or guests) have caused the damage.

-> 10. Lessor’s liability

The lessor guarantees proper reservation and contractual fulfilm-

ent of the agreement. The liability of the lessor is excluded to the

extent permitted by law. Liability is excluded especially for acts and

omissions on the part of the lessee (including housemates and

guests), unforeseeable or unavoidable omissions by third parties,

force majeure or events which the lessor, key holder, agent or other

persons called upon by the lessor could not foresee or avoid de-

spite all due care. Descriptions of infrastructure or tourism-related

facilities, such as sports facilities, swimming pools, tennis courts,

public transportation, mountain railways, ski slopes, store opening

hours, etc. are intended for information only and are not binding

upon the lessor under any legal title.

-> 11. Data protection*

The lessor is subject to the data protection laws of Switzerland and

shall process the data in accordance with these regulations. The

lessor shall process the data provided to him in accordance with

the statutory requirements (or, if necessary, have it processed by a

third party) and, to the extent necessary, communicate such data

to the key holder, etc. to ensure that the agreement can be pro-

perly fulfilled. Based on the local laws, the lessor and/or the key

holder may be obligated to register the lessee and his housema-

tes with the local authorities. To protect legitimate interests or in

the event that a criminal act is suspected, the lessor reserves the

right to disclose the lessee’s data and/or those of his housemates

and guests to the responsible authorities or request third parties

to enforce his rights.

The lessor may inform the lessee of his rental offers in the future. If

the lessee should not wish to receive this service, the lessee may

contact the lessor directly. Any such information shall contain a

notice regarding the termination of this service.

The lessee shall contact the lessor directly for any questions re-

garding data privacy.

-> 12. Applicable law and place of jurisdiction

Swiss law shall be solely applicable. It is agreed that the loca-

lity where the leased property is situated shall be the exclusive

place of jurisdiction. Subject to mandatory contractually un-

changeable provisions of law.