Terms and Conditions
General Terms and Conditions / Contract Conditions
1. General
These General Terms and Conditions are an integral part of the contract between you and ITS Mönch GmbH, Grindelwaldstrasse 94, 3818 Grindelwald.
2. Reservation and Conclusion of Contract
You can book your rental property with ITS Mönch GmbH by telephone, verbally, in writing, by e-mail or via the Internet. With the arrival of your booking at ITS Mönch GmbH, the contract with ITS Mönch GmbH is considered concluded. From this time on, the rights and obligations arising from the contract and these General Terms and Conditions shall become effective for you and ITS Mönch GmbH. You will receive a reservation confirmation from us. The details in the reservation confirmation (namely object, occupancy, duration, price) are binding. If the deposit is not paid in accordance with clause 5.1, the contract shall be cancelled without further notice and you shall owe ITS Mönch GmbH the cancellation fee in accordance with clause 6.
3. Minimum Rental Period / Arrival and Departure Day
If no individual agreements have been made between the tenant and ITS Mönch GmbH, the minimum rental period is three nights. Arrival and departure days must be observed in accordance with the booking confirmation. Exceptions are possible on request and will be recorded in the reservation confirmation. The VIP-Package is subject to different conditions: Minimum rental period of six nights, arrival and departure are only on Saturdays or Sundays. The rental property must be taken over at 4 p.m. on the day of arrival and returned by 10 a.m. on the day of departure. If the rental property is not taken over or is taken over late or left prematurely, the entire rental price remains due. If you leave the rental property later than 10 a.m., you owe ITS Mönch GmbH the amount of one additional overnight stay.
4. Price / Price Change
The prices published by ITS Mönch GmbH are overnight prices for the entire rental property. The price stated in the booking confirmation is decisive. By booking you accept this price and owe it to ITS Mönch GmbH.
Not included in the price and additionally stated in the confirmation are the costs for final cleaning, bed linen and visitor's tax. Additional services are also not included in the price. Prices are subject to change compared to the published prices. The information in the reservation confirmation is binding.
5. Payments
5.1 The Rental Price has to be Paid as Follows:
30% within 5 days after receipt of the reservation confirmation (deposit)
Remaining amount up to 40 days before the start of the rental period at the latest
5.2 Short-Term Reservations
In the case of short-term reservations less than 40 days before the start of the rental period, the entire rental price must be paid within five days of receipt of the reservation confirmation.
5.3 Failure to Pay on Time
In the event of late payment of the remaining amount or the entire rental price for short-term reservations, ITS Mönch GmbH has the right to refuse delivery of the rental object.
6. Cancellation
In the event of cancellation of a confirmed reservation, we will charge you the following cancellation fees:
up to 40 days before the start of the rental period: 30% of the rental price
40 to 25 days before rental start: 50% of the rental price
from 25 days before rental start: 100% of the rental price
The arrival of your cancellation notice at ITS Mönch GmbH is decisive (on Sundays or public holidays the next working day is decisive).
7. Unacceptability of the Performance of the Contract by ITS Mönch GmbH
ITS Mönch GmbH is entitled to dissolve the contract before or during the rental period if unforeseeable or preventable circumstances render the handover of the rental object impossible, endanger the tenants or the object or impair the performance to such an extent that the execution of the contract is no longer reasonable. Payments already made will be repaid, if necessary with deduction for services rendered. In such a case ITS Mönch GmbH is not obliged to provide you with a replacement object. ITS Mönch GmbH is not liable for damages in any of these cases.
8. Obligations and Liability of the Lessee
Within the scope of the terms of payment described under point five, a deposit of CHF 400.00 is to be deposited with ITS Mönch GmbH by credit card or bank payment. If the deposit is not deposited, ITS Mönch GmbH has the right to refuse to hand over the rental object. The rental object may only be occupied by the number of persons (including children and infants) specified in the reservation confirmation. ITS Mönch GmbH has the right to refuse to hand over the rented property in the event of over-occupancy. The rented property must be used carefully. In doing so, consideration should also be given to neighbours, etc.. The cleaning of the kitchen equipment, crockery and cutlery as well as waste disposal is the responsibility of the tenant (and not included in the final cleaning). If the tenant or co-user causes damage, this must be reported immediately to ITS Mönch GmbH. The tenant is liable for any damage caused by him or the co-users. The same applies if the apartment cannot be handed over to the next tenant. Damages can be set off against the deposit.
9. Complaints, Claims for Damages of the Tenant
If the object is not in contractual condition or if you suffer damage, ITS Mönch GmbH must be notified immediately. If defects are not reported immediately upon commencement of the rental period, it is assumed that the rental object is free of defects. If the defects occur during the rental period, the same rules apply. Any claims must be reported in writing to ITS Mönch GmbH within one week of the contractual end of the rental period and the necessary evidence (photos, etc.) submitted. If you do not comply with the above rules, you lose all rights to compensation.
10 Warranty and Liability of ITS Mönch GmbH
10.1 Warranty
ITS Mönch GmbH guarantees a rental property in accordance with the contract. If the rental property is not in conformity with the contract, ITS Mönch GmbH has the right, but is not obliged, to offer you an equivalent replacement property. If you reject this, you have no claims for damages against ITS Mönch GmbH. If ITS Mönch GmbH cannot offer you an equivalent replacement object, the liability of ITS Mönch GmbH shall be governed by the following provisions.
10.2 Liability
ITS Mönch GmbH is only liable in case of fault. The liability of ITS Mönch GmbH for negligence is excluded. The liability of ITS Mönch GmbH for auxiliary persons is excluded. The liability of ITS Mönch GmbH for damages other than personal injury is limited to the rental price (whereby the claims of all persons involved are added together). ITS Mönch GmbH is not liable for uselessly spent holiday time, lost holiday enjoyment, frustration damage and the like. ITS Mönch GmbH is not liable by name if the damage can be attributed to:
The ITS Mönch GmbH is not liable for:
acts or omissions on your part or on the part of a person using the rented property;
acts of third parties;
force majeure;
other unforeseeable and preventable events;
damages and losses due to burglary.
If due to lack or reduced availability of energy sources (e.g. gas, electricity, heating oil,…) activities in the region are stopped and / or the habitability of the rental property is affected.
These provisions apply analogously to non-contractual liability.
11. Choice of Law and Place of Jurisdiction
The relationship between you and ITS Mönch GmbH is exclusively subject to Swiss law. The place of jurisdiction for any disputes arising from this contract shall be Grindelwald/BE, Switzerland. ITS Mönch GmbH also has the right to sue you at the court of your place of residence.