GENERAL TERMS AND CONDITIONS/COMMON TERMS

1. Scope
1. Edelweiss Services GmbH (“ES“) offer their services exclusively under the following General Terms and Conditions as well as for individual services listed in the Special Terms and Conditions in the Annexes. These Standard Contract Terms are an integral component of the agreement between you and ES. We recommend that you study the following standard terms of business carefully.

2. The General Terms and Conditions are applicable to all future services to be provided by ES for the benefit of natural or legal persons (“Customer (s)”). General contractual conditions of the customer which deviate from these General Terms and Conditions are only applicable if acknowledged in writing by ES.

2. The services offered by ES
1. ES provides its customers with the following services (“Service (s)”), described in the Special Terms and Conditions and all other applicable contractual documents (see section 3.1):
Provision of accommodation services
Cleaning and laundry services
Housekeeping and house maintenance incl. snow clearing and gardening Monitoring and mediation of subcontractors

3. Conclusion of contract
1. ES confirms orders, bookings and orders of the customer with an order confirmation (“Confirmation”). The confirmation, these General Terms and Conditions, as well as the Special Terms and Conditions, any brochures with a description of services (“Brochures”) and the remuneration for the services to be paid to ES by the customer (“Payment”) constitute the contract (“Contract”).

2. The contract is either concluded between the ES company and the customer or, if the ES company act as intermediaries, directly between the Customer and the owner of the holiday apartment or house. In this case, the conditions apply (all together the “contractors”). In the latter case, the ES company only act as agent with power to collect payments for the contractual partner pursuant to section 418a ff. OR. If the contract differs from the description in the brochure, by your payment you accept the terms of the agreement based on the reservation confirmation. If an initial payment is not made within 14 days from receipt of the reservation confirmation, ES is free to dispose of the reserved property. Any special requirements that you may have can only be accepted by ES as a request without obligation. There is no legal right for this requirement to be met, unless ES has confirmed this in writing. If the rental amount is not paid at the proper time in accordance with the terms listed under subsection 5 below, ES may refuse the services.

3. The contract is only concluded upon receipt of confirmation by ES. The confirmation may be given in writing or by e-mail. If services are ordered verbally from the designated sales outlets, the contract is concluded with the unconditional acceptance of the order by ES.

4. Service description
1. The products, services and rental properties offered by ES are rented or sold with the equipment and on the terms stated in the offer description.

2. ES expressly reserves the rights to change prospectus information, specifications in brochures, on the Internet or elsewhere as well as price quotations in brochures and price lists of any kind

5. Prices, terms of payment
1. ES has the right to increase the prices according to market changes and following the conclusion of the contract in the event of the imposition or increase of fees, charges and taxes, as well as of transportation costs.

2. ES accepts credit cards (Master und Visa) with a processing fee of 3%, Maestro, Postcard, Payments and transactions over bank transfer.

3. All Prices are excluding VAT if not mentioned differently.

4. Visitor’s taxes are included in the total price, unless otherwise indicated. Upon request, ES is entitled to inform the community of the name, address and date of birth of the customer as well as the occupancy data.

5. The rental amount for the booked rental property is payable before your arrival, as follows: 40% of the rental amount for the reserved rental property must be paid within 5 days after reservation. The remaining balance must be paid to ES no less than 30 days before the rental is due to commence. In the case of short notice reservations of less than 30 days before commencement oft he rental, the full rental price is due immediately upon reservation and must be paid to ES. If payment of the remaining balance or, in the case of short notice bookings, the full rental amount is not made at the proper time, ES may refuse the services.

6. If any additional charges are not included in the price, these are listed separately in the booking confirmation.

7. In mediated transactions, ES is obliged to forward any payments received to the contractor.

8. In the event of delayed payments, the contractual partner is authorized to refuse to provide the service under contract, i.e. to refuse to hand over the rental properties and to withdraw from the contract.

9. For invoices issued by ES, the payment term is a maximum of 30 days, and no additional undisclosed discounts are granted.

6. Change or cancellation of a booking/order
1. If a booking/order is changed or cancelled, ES must be notified in writing or by e-mail. Changes or cancellations are only valid if ES has approved of them in writing. The customer has the right to transfer the terms agreed by him to a substitute customer or tenant, in the event that he himself cannot fulfill the terms.

2. If a booking/order is changed or cancelled by the customer, the costs of cancellation and the handling fees are payable by the customer in accordance with the Special Terms and Conditions.

3. The date the statement of cancellation or amendment is received by ES shall form the basis for calculating the cancellation date.

4. ES also reserves the right to cancel a booking/order within the conditions set forth in the BGB if the object cannot be handed over to the customer in perfect condition.

5. Every care has been taken with the property specifications and price calculations. However we cannot exclude the possibility of changes to services and/or prices. You will be notified of any such changes when you make your booking, or not later than when the booking confirmation is sent. The details on the reservation confirmation are definitive. It is unlikely that there will be any changes to services after conclusion of the agreement, but this possibility cannot be entirely ruled out. If there isa significant change to a material item in the agreement, you have the right to withdraw from the agreement free of charge within five days of receipt of the notification. Payments already made will be reimbursed immediately. We expressly reserve the right to amend prices up to 22 days before commencement of the rental on the following grounds: increase or introduction of duties and taxes on certain services, changes in exchange rates after conclusion of the agreement. If the prices change by more than 10%, you have the same rights as under the foregoing paragraph.

7. Interference in the settlement of contract
1. The contractual partner is authorized to modify the agreed services for good cause, or to offer a replacement property or provide a replacement.

2. If the fulfillment of the contract is impossible or affected due to force majeure, the contractor is authorized to withdraw from the contract following the reimbursement of any services not used by the customer.

3. Should a rental period be delayed for reasons not attributable to the contractor, the customer is not entitled to price reduction. In the event of early departure, the client cannot claim a refund.

8. Complaints
1. Any shortcomings in the services or damage to the rental properties must be reported to the contractor under the following address: Edelweiss Services GmbH, Via Sorts Sura 7, 7018 Flims Waldhaus, or by E-Mail at edelweiss@mountain-suites.ch

2. The rental properties provided by ES are given to the customer in good working condition. Non-functional or defective rental properties will be repaired or replaced free of charge by the relevant company, provided that the malfunction or damage was not caused by the customer. In this case, the repair costs are transferred to the customer. Furthermore, the customer is charged with the cost of exceptional service expenses caused by him.

3. In mediated transactions, the corrective action is carried out exclusively by the direct partner (lessor of the holiday apartment, house or hotel). The customer cannot make any claims against ES. ES is not liable to pay any compensation in any of the instances mentioned under section 8 below.

9. Use, return of the rental properties
1. The property is to be used and treated by the customer with the utmost care. It may only be used by the number of persons (including children and infants) specified in the contract. Consideration should also be given to neighbours etc. Cleaning of cooking facilities, crockery and cutlery is the responsibility of the renter (and is not included in the final cleaning).

2. The customer is not permitted to allow property leased by ES to be used by a third party.

3. The customer shall be liable for any damages unless he can prove that these occurred through no fault of his (or fault of the authorized users). Damage must be immediately reported to the contractual partner and ES.

4. The property is to be returned to ES on the last day of the rental period or the time specified in the contract.
5. With the contract you will receive information about the apartment, instructions and arrival. You should arrive according to the instructions in the travel documents, generally between 4pm and 6pm, and depart before 10am. If you intend to arrive later than 6pm, ES must be notified in good time. If you are unable to occupy the property as agreed, e.g. as a result of traffic delays, strikes etc., or for personal reasons, the full rental price will remain payable. This will also apply if you leave the property early. If you wish to extend your stay, please discuss this in good time with ES.
6. If the customer withdraws from the contract, he shall inform ES accordingly and return the rental properties immediately. If the return of the rental properties is not made within 24 hours following issue of the notice of cancellation, any possible claim to a credit in accordance with the Special Terms and Conditions expires.

10. Liability
1. In the context of their placement activities, ES is liable to the customer for the proper booking and reservation of rental properties, as well as for the correct fulfillment of services provided. The liability of ES is excluded, if the nonfulfillment or inadequate fulfillment is attributable to the follow- ing causes:
– failures and conduct of the customer or on the part of a joint user
– failures and conduct of third parties which are not involved in the provision of services
– force majeure or events that are not predictable or avoidable
– Use of swimming pools, children’s play areas, sports facilities of all kinds (such as tennis courts, footballpitches, training facilities). The use of these facilities is at your own risk – Damage and losses as a result of burglary.

2. The liability of ES for slight negligence is excluded.

3. In the event of mediated transactions, ES refuses all liability for claims from the customer which affect the property. Any claims of nonfulfillment or inadequate fulfillment of the contract are exclusively sent to the lessor of the holiday apartment or house.

4. The liability for any product damages is based on the Product Liability Act. Any further liability for damages incurred by the customer following the use of the available rental properties provided by ES is expressly excluded.

5. If accommodations or individual services should happen to be deficient, ES must be informed im- mediately. The same applies in the event that the customer suffers damage. Any defects are corrected within a reasonable time. Damage claims must be reported to ES in writing within 10 days following the end of the package period. If any defects or damages are not reported to ES immediately or if the deadline to claim damages has come to an end, all claims of the customer against ES are waived.

6. ES is liable to the customer for the careful selection of service providers.

7. ES reimburses the customer for intentional damages or those resulting from gross negligence, caused by the failure or inadequate fulfillment of the agreed services, unless it was not possible for ES to provide an equivalent service.

8. ES refuses any liability for damages caused by force majeure or the fault of the customer.

9. ES further assumes no liability:
for loss of personal effects, valuables, cash, jewelry, photographic and video equipment, etc for loss, theft, damage or misuse of cheques, credit cards and the like for program changes that are due to the fact that the schedules of train, bus, ship or air transport companies, etc. were not adhered to for events and trips at the resort which you did not book with ES.

11. Final provisions
1. Communication made by e-mail shall be deemed made in writing.
2. Compensation claims against ES, contractual claims reserved, are statute barred within one year.The statutory period begins on the day following the end of the rental period.

3. The contract is exclusively subject to Swiss substantive law to the exclusion of any conflict of laws.

SPECIAL TERMS AND CONDITIONS FOR THE PROVISION OF VACATION HOMES

1. These Special Terms and Conditions form a part of the applicable General Terms and Conditions.

2. Edelweiss Services GmbH (“ES“) mediates the conclusion of leases for holiday apartments and houses on behalf of and for the account of property owners or lessors of holiday apartments and houses. The lease mediated by ES is concluded directly between the lessor and the lessee. ES only acts as an agent with the authority to collect payments pursuant to Section 418a ff. OR.

3. For holiday apartment and holiday house bookings, a price increase can take place up to 28 days before commencement of the contract. Any increases are communicated to the customer in these cases 28 days before commencement of the contract.

4. The rent and additional costs are to be paid as follows:
– Upon completion of booking, 40% of the total amount by invoice or cash payment, on request by credit card
Visa und Master (+3% additional processing fee)
– the remaining payment must be submitted 30 days before the rental period starts in cash or by bank transfer.Or if credit card payment was requested ES automatically charges the credit card on file (+3% additional processing fee) with the remaining amount 30 days before arrival. The customer expressly agrees to this clause.
– For those bookings which take place less than 30 days before the beginning of the rental period, the fullamount must be paid by the above mentioned methods at the time of booking.

5. If the booking/order is changed or cancelled by the customer, the cancellation costs and handling fees shall be payable by the customer as follows:

– or amendments to the booking/order, such as name changes, appointing another lessee as a replacement orchange of occupancy data, a handling fee of CHF 150.00 – CHF 500.00 maximum is charged per amendment. – Upon successful resale of the cancelled property, only a handling fee is charged.

6. If a group booking (bookings for 15 people or more) is changed or cancelled by the customer, the cancellation costs and handling fees shall be payable by the customer as follows:

7. Transfers to a different apartment or house are considered as new bookings. The above cancellation periods with the corresponding costs apply for the existing reservation.

8. ES shall charge any fees / cancellation fees to the customer’s credit card held on file. The customer expressly agrees to this clause.

Flims, 01.04.2025