GENERAL TERMS AND CONDITIONS/COMMON TERMS

1. Scope

1.1 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.

1.2 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

2.1

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

• Monitoring and mediation of subcontractors.

3. Conclusion of contract

3.1 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”).

3.2 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.

3.3 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

4.1 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.

4.2 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

5.1 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.

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

5.3 All Prices are excluding VAT if not mentioned differently.

5.4 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.

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

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

5.7 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.

6. Change or cancellation of a booking/order

6.1 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.

6.2 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.

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

7. Interference in the settlement of contract

7.1 The contractual partner is authorized to modify the agreed services for good cause, or to offer a replacement property or provide a replacement.

7.2 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.

7.3 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

8.1 Any shortcomings in the services or damage to the rental properties must be reported to the contractor under the following address: Edelweiss Services GmbH, Il Stutz 9A, 7018 Flims Waldhaus, or by E-Mail at info@edelweiss-services.ch

8.2 The rental properties provided by ES are given to the customer in good working condition. Nonfunctional 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.

8.3 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.

9. Use, return of the rental properties

9.1 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) specified in the contract.

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

9.3 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.

9.4 The property is to be returned to ES on the last day of the rental period or the time specified in the contract.

9.5 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

10.1 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 following causes:

• failures and conduct of the customer

• 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.

10.2 The liability of ES for slight negligence is excluded.

10.3 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.

10.4 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.

10.5 If accommodations or individual services should happen to be deficient, ES must be informed immediately. 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.

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

10.7 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.

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

10.9 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. Privacy Policy

11.1 ES is obliged to observe the applicable data protection legislation in the handling and processing of all data collected and/or created by ES relating to the customer, including data relating to the use of services by the customer (“Customer Data”).

11.2 ES may collect, save and edit data of this kind to the extent that these are necessary or suitable for the performance of contractual obligations by affiliates of ES to maintain and improve customer relationships, quality and service standards, and maximize operational safety, or in the interest of promotion, product design, crime prevention, economic figures and statistics, and billing. The customer hereby acknowledges and agrees that, in cases of joint provision of services by third parties and ES, ES is authorized to make the customer information available to the relevant third parties to the extent that this is required in the interest of providing the services.

11.3 Otherwise, the disclosure of customer information possessed by ES to third parties is only permitted with the explicit consent of the customer. The sole exception is if ES is required by law to disclose personal details to third parties.

11.4 The Special Terms and Conditions “Privacy Policy” are additionally valid.

12. Final provisions

12.1 Communication made by e-mail shall be deemed made in writing.

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

12.2 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:

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:

Cancellation period prior to arrival up to 30 days

Cancellation costs: Free of charge

Handling fee: CHF 150.00 – 500

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Cancellation period prior to arrival 29 days to 0 days

Cancellation costs: 100%

Handling fee: none

• For amendments to the booking/order, such as name changes, appointing another lessee as a replacement or change 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:

Cancellation period prior to arrival up to 90 days

Cancellation costs: Free of charge

Handling fee: CHF 150.00 – 500

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Cancellation period prior to arrival 89 days to 60 days

Cancellation costs: 30%

Handling fee: CHF 150.00 – 500

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Cancellation period prior to arrival 59 days to 30 days

Cancellation costs: 50%

Handling fee: CHF 150.00 – 500.00

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Cancellation period prior to arrival 29 days to 0 days

Cancellation costs: 100%

Handling fee: none

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

 

SPECIAL TERMS AND CONDITIONS (BGB) FOR DATA PRIVACY

1. Scope and General Information

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

1.2 Edelweiss Services GmbH (“ES“) agree to observe the valid applicable data protection legislation in the handling and processing of all data collected and/or created by ES in connection with the customer, including data regarding the use of services by the customer (“customer information”).

2. Customer information

2.1 ES may collect, store, process and pass on this type of data to affiliated companies within ES to the extent that this is necessary or appropriate for the performance of contractual obligations by affiliates of ES to maintain and improve customer relations, quality and service benchmarks, to maximize operational safety and in the interest of sales, product design, crime prevention, economic figures and statistics and accounting. The Customer hereby acknowledges and agrees that ES is entitled, in cases of joint provision of services by ES and third parties, to make the customer information avail- able to the relevant third parties to the extent necessary in the interest of providing the services.

2.2 For the remainder, the disclosure of customer information in ES’s possession to third parties is only permitted given the express prior consent of the customer. An exception applies only when ES is required by law to disclose personal details to third parties.

3. Use of cookies and interest-based advertising

3.1

ES shall store some information in the form of “cookies” on the computer system of the visitor to a business-related site so that ES can optimize company-related websites according to the preferences of the visitors.

Cookies are small text files that are generated by a web server and stored by the web browser used on the computer system of the visitor.

3.2 Google Analytics

Company-related ES websites use Google Analytics, a web analytics service provided by Google Inc. (“Google”). The information generated by the cookies about the use of the website (including the IP address) will be transmitted to a Google server in the USA and stored there. ES and Google shall use this information to evaluate the use of the website, compile reports on website activity for website operators and provide other services relating to use of the website and the Internet. In addition, Google may also transfer this information to third parties if required by law or if third parties process this data on behalf of Google or ES. Google will not associate the IP address of the visitors with other data held by Google. By using this website, visitors agree to the processing of data about visitors by Google in the manner described above and for the purposes set out above.

3.3 Interest-based advertising

Cookies are for the most part deleted from the computer system at the end of the browser session (so called “session cookies”). Other cookies remain, however, and enable the identification of the visitor terminal based on the logged data (e.g. visit to ES websites including date and time, browser type, operating system, interactions with the website) at the next visit (so called “ID cookies”). These cookies are used to identify (retarget) a computer on other websites that participate in the advertising networks from Google, ValueClick and/or AppNexus, and to display product recommendations from company-related websites that are tailored to the presumed interests based on the logged data.

The usage profiles made possible by the retargeting technology are created in accordance with the statutory provisions in such a way that a personal reference when surfing the Internet is not readily possible.

Visitors may object to the use of ID cookies for interest-based advertising at any time.

In the event of an objection to interest-based advertising, this information will remain stored on the visitor’s computer in a so called “opt-out cookie”, as this does not delete cookies. By using this site, visitors agree with the use of interest-related advertising in the manner and for the purposes set out above.

3.4 Other cookies

Cookies from third parties can be stored on the visitor’s computer system. These serve to enhance or optimize the experience of visitors to company-related websites. By using this website, visitors agree to the processing of data collected by third parties in the manner described above and for the purposes set out above.

3.5 Opt-out of cookies

Visitors can control whether cookies are stored at all using the security settings of the browser. Settings can be chosen to not accept cookies or only to do so on demand, or to delete cookies each time the chosen browser is closed. Please note that by disabling or deleting cookies, the usability of certain websites, portals or services may be limited and certain services or parts of the portal or websites only work properly in conjunction with the use of cookies.

 

 

Flims Waldhaus, 01.01.2021