1. General

These General Terms and Conditions (GTC) apply to all services provided by GRIWA RENT AG (headquarters in Grindelwald) and operating under the name GRIWA RENT AG, Dorfstrasse 118, 3818 Grindelwald, registered in the commercial register under CHE-112.671.319 (referred to as "GRIWA RENT") to the guest availing themselves of the services (referred to as the "Contracting Party"). GRIWA RENT primarily provides paid holiday accommodations (studios, apartments, and chalets).

2. Reservation and Contract Conclusion
2.1. The Contracting Party can book the rental property with GRIWA RENT via telephone, verbally, in writing, via email, or through the internet. Upon GRIWA RENT's receipt of the booking, the contract with GRIWA RENT is considered binding. From that moment, the rights and obligations under the contract and these GTC become effective for the Contracting Party and GRIWA RENT.
 

2.2. The Contracting Party will receive a reservation confirmation from GRIWA RENT. The details in the reservation confirmation (specifically the rental property, occupancy, duration, rental price, payment deadline, cancellation conditions) are binding.

2.3. GRIWA RENT is entitled to conclude the contract on the condition that the Contracting Party pays the rental price and charges for additional services (such as final cleaning, bed linen, tourist tax, and similar) in whole or in part in advance. In this case, GRIWA RENT is obliged to notify the Contracting Party of the payment deadline upon booking. If the payment is not made on time, the contract lapses immediately, and the Contracting Party owes GRIWA RENT a lump-sum compensation, the amount of which is determined according to Clause 6 of these GTC.

3. Arrival and Departure / Pets

3.1. Arrival and departure days are typically from Monday to Saturday (Saturday during the peak winter season). Exceptions can be requested and will be detailed in the reservation confirmation. Arrival and departure on Sundays are not possible.

3.2. The rental property is available from 4:00 PM on the arrival day and must be vacated by 10:00 AM on the departure day. Early arrival or late departure is possible only with prior agreement from GRIWA RENT and for an additional fee.
 

3.3. If the rental property is not taken over or taken over late or is vacated early, the entire rental price remains due.

3.4. Pets (excluding dogs) may only be brought into the rental property with the prior consent of GRIWA RENT and possibly for an additional fee. The Contracting Party bringing a pet must have appropriate pet liability insurance or private liability insurance that covers damages caused by animals. Proof of the respective insurance must be provided to GRIWA RENT upon request. The Contracting Party or their insurer is liable to GRIWA RENT for the damages caused by accompanying pets. The damage also includes compensation or other services that GRIWA RENT is obliged to provide or has provided to third parties.

4. Price / Price Changes
4.1. The prices published by GRIWA RENT are daily rates for the entire rental property. All prices include the currently valid statutory value-added tax. By booking, the Contracting Party accepts this price.

4.2. Not included in the price and to be paid additionally are final cleaning, bed linen, and tourist tax. Additional services are also not included in the price.

4.3. Price changes in comparison to the published prices are subject to change. The details in the reservation confirmation are binding. Price adjustments are reserved if the Contracting Party makes changes to the order, especially concerning the number of guests or the rental period.

5. Payment Terms
5.1. Unless otherwise stated in the reservation confirmation, the following payment terms apply to the Contracting Party:

5.2. The payment deadlines mentioned in the reservation confirmation and the dates mentioned in Clause 5.1 of these GTC are considered expiration dates within the meaning of Article 102 of the Swiss Code of Obligations.

5.3. In case of late or incomplete payment, GRIWA RENT has the right to withdraw from the contract, unless the contract has lapsed according to Clause 2.3. In the event of withdrawal, the Contracting Party owes GRIWA RENT a lump-sum compensation, the amount of which is determined according to Clause 6 of these GTC.

5.4. All payments are to be made without deduction and without discount. The costs for the financial transaction (e.g., transfer fees) are always borne by the Contracting Party. The terms and conditions of the credit and debit cards apply for credit and debit card payments.

5.5. GRIWA RENT is entitled to reject foreign currencies, cheques, and credit cards. If foreign currencies are accepted, they will be accepted at the daily exchange rate, and the Contracting Party is responsible for all related costs.

5.6. If the Contracting Party uses a credit card for the payment of GRIWA RENT products with a prepayment obligation without physically presenting it (e.g., over the phone, internet, etc.), the Contracting Party is not entitled, in relation to GRIWA RENT, to revoke this charge with their credit card institution.

6. Contracting Party’s Withdrawal ("Cancellation")
6.1. If the Contracting Party completely or partially withdraws from the contract (for example, by reducing the length or terms of reference of the contract), they owe GRIWA RENT a withdrawal fee within the meaning of Article 158 of the Swiss Code of Obligations, unless the (possible partially) withdrawal was caused by GRIWA RENT's fault. The amount of the withdrawal fee is:

a) Withdrawal between 42 to 29 days before the rental start: 50% of the rental price

b) Withdrawal from 28 days before the rental start: 100% of the rental price

6.2. The arrival of the withdrawal notice at GRIWA RENT is decisive (if it falls on a Sunday or public holiday, the next working day is decisive).

6.3. If the Contracting Party has concluded a non-cancellable contract, they owe GRIWA RENT 100% of the rental price, regardless of the time of withdrawal.

7. Withdrawal / Termination by GRIWA RENT
7.1. GRIWA RENT is entitled to withdraw from or terminate the contract immediately according to legal provisions in case of an important reason. These reasons include:

a) The Contracting Party does not fulfil a due service.

b) GRIWA RENT's fulfilment of the contract becomes impossible due to force majeure, strike, sale of the property by the owner, or other circumstances beyond GRIWA RENT's control.

c) The Contracting Party provides misleading or false information regarding essential data.

d) The Contracting Party or an individual associated with them films, photographs, copies, reproduces, or otherwise uses the name, logo, company, or brand of GRIWA RENT in text, image, audio, or video without prior written consent from GRIWA RENT and makes it available to another (closed or open) group of individuals, or intends to do so.

e) The premises related to the contract are wholly or partly sublet without written consent from GRIWA RENT.

f) GRIWA RENT has justifiable reasons to believe that the use of the booked service could endanger the smooth operation of business, the safety, or the reputation of GRIWA RENT in public.

g) The Contracting Party or an individual associated with them significantly breaches the duties according to Clauses 8.2 and 8.3 (Care and Consideration).

h) The Contracting Party, through reckless, offensive, or otherwise grossly improper behaviour towards GRIWA RENT or its employees, or by engaging in a punishable act against property, morality, or physical integrity, is guilty, whether attempted or reasonably suspected.

7.2. GRIWA RENT must promptly inform the Contracting Party of the exercise of withdrawal/termination, at the latest within 14 days after becoming aware of the reason. The justified termination of the contract by GRIWA RENT does not warrant any claims by the Contracting Party for a refund of the rental price, damages, or any other services. GRIWA RENT reserves the right to claim compensation from the Contracting Party for any damage resulting from the withdrawal/termination.

8. Obligations and Liability of the Contracting Party
8.1. Before taking over the rental property, a deposit of CHF 300.00 – CHF 500.00 is to be deposited via credit card to GRIWA RENT. If the deposit is not made, GRIWA RENT has the right to refuse the handover of the rental property.

8.2. The rental property can only be occupied by the number of persons specified in the booking confirmation (including children and infants). In the case of over-occupancy, GRIWA RENT has the right to refuse the hand-over of the rental property.

8.3. The rental property, including the equipment (furniture, appliances, etc.), should be used carefully. Consideration for neighbours and residents should be always taken. Cleaning the kitchen equipment, dishes, cutlery, and waste disposal is the responsibility of the Contracting party and is not included in the final cleaning.

8.4. If the Contracting party or an individual associated with them causes damage, this should be immediately reported to GRIWA RENT. The Contracting party is liable for damages caused by them or an individual associated with them. The same applies if the apartment cannot be handed over to future Contracting parties due to damages. Damages may be offset against the deposit.

8.5. Automatic Fire Alarm System
Some rental properties are equipped with an automatic fire alarm system and fire alarms in the rental units. If a false alarm is triggered by the Contracting party or an individual associated with them, the resulting costs will be invoiced to the contracting party (up to CHF 1,000.00 per fire department operation).

8.6. Key Loss

In the case of losing one or more apartment keys during the rental period, the Contracting party is fully responsible for the replacement.

8.7. Sunshades

During rain and wind, the sunshades must always be retracted. Failure to comply and damage to the shades make the Contracting party fully liable for the repair costs.

9. Warranty and Liability of GRIWA RENT
9.1. If the property is not in the agreed-upon condition, this should be promptly reported to GRIWA RENT. If no immediate report of defects in the rental property is made at the beginning of the rental, the property is presumed to be free of defects. If defects arise during the rental period, they must also be promptly reported to GRIWA RENT. Any claims must be submitted to GRIWA RENT in writing no later than 14 days after the contractual end of the rental, along with necessary evidence (photos, etc.). Failure to comply with the aforementioned rules forfeits any claims for damages.

9.2. GRIWA RENT ensures a property that meets the contract. If the rental property does not meet the terms of the contract, GRIWA RENT has the right to offer the Contracting party an equivalent substitute property. If the Contracting party declines this offer, they have no claims for damages against GRIWA RENT. If GRIWA RENT cannot offer the Contracting party an equivalent substitute property, the liability of GRIWA RENT is subject to the following provisions.

9.3. GRIWA RENT is only liable for proven fault. The liability of GRIWA RENT for negligence is excluded to the extent permitted by law. The liability of GRIWA RENT for auxiliary persons is excluded.
 

9.4. GRIWA RENT's liability for damages other than personal injury is limited to the rental price, minus the services already provided, with the demands of all affected individuals added together.
 

9.5. GRIWA RENT is not liable for wasted holiday time, lost holiday enjoyment, frustration damages, and the like.

9.6. GRIWA RENT is specifically not liable if the damage is due to:

·         Actions or omissions of the Contracting party or an individual associated with them

·         Actions of third parties

·         Force majeure

·         Other unforeseeable and unavoidable events

·         Damages and losses due to burglary

9.7. These provisions also apply analogously to non-contractual liability.

10. Data Protection
The Contracting party agrees that the data provided in the context of the booking may be used for the purpose of contract fulfilment, accounting, internal market research, and marketing purposes by GRIWA RENT, even in an automated manner. GRIWA RENT offers its own email newsletter service, which the Contracting party can subscribe to, informing them about news, offers, and similar matters from GRIWA RENT. The subscription can be revoked at any time with GRIWA RENT. The Contracting party may submit their justified and well-founded requests for information, correction, deletion, or objection regarding their stored data in writing to GRIWA RENT, giving their consent for their request to be processed via email by GRIWA RENT. Furthermore, reference is made to the data protection declaration on www.griwarent.ch.

11. Choice of Law and Jurisdiction
11.1. This contract is subject to Swiss formal and substantive law, excluding the UN Convention on Contracts for the International Sale of Goods.

11.2. For all disputes arising from this contract or related to its violation, dissolution, or nullity, as well as for non-contractual claims, the court at the seat of GRIWA RENT (jurisdiction in Grindelwald/BE, Switzerland) is exclusively competent, where GRIWA RENT is entitled to assert its rights and claims before any other local and substantively competent court.

11.3. Provisions on local jurisdiction in consumer contracts remain reserved.