The Customer can commission the Issuer in written form (letter, fax, email), oral form (telephone), or electronic form (online platform) to broker the conclusion of a corresponding contract for Third-Party Services between the Customer and the Service Provider (hereinafter «Booking Order»). The Booking Order is binding on the Customer in all cases. In case of electronic bookings (via online platform), the Booking Order is considered issued at the conclusion of the booking process. The Issuer expressly retains the right to reject or not perform a Booking Order and will inform the Customer immediately regarding rejection of a Booking Order. If the Issuer transmits the Customer’s Booking Order to the Service Provider, then the contract will be created directly between the Customer and the Service Provider (hereinafter «Definitive Booking») as soon as the Service Provider’s declaration of acceptance (hereinafter «Booking Confirmation») is received by the Issuer or directly by the Customer. The Booking Confirmation can be effected in oral (telephonic) or written form. Booking Confirmations will normally be delivered to the Customer by email; the Customer states his express consent to this. If the Customer’s Booking Order includes additional persons besides the Customer (hereinafter «Accompanying Persons»), the Customer shall be responsible for their contractual obligations (particularly payment of the price and processing of personal data) in the same way as for his own obligations. The Customer warrants that he is expressly authorized by all Accompanying Persons to issue the Booking Order under the Terms and Conditions for Concierge Services set forth herein in their name and to conclude the contracts for Third-Party Services stated in the Booking Order for their benefit and in their name. The Issuer’s communications regarding Accompanying Persons will normally be directed to the Customer. Insofar as the Booking Confirmation differs from the Customer’s Booking Order, the Issuer will accordingly notify the Customer immediately. The different Booking Confirmation shall then be simultaneously considered a new offer to conclude a contract between the Customer and the Service Provider. If the Customer does not expressly reject the new offer within two business days from delivery, the contract with the Service Provider for the Third-Party Services listed in the Booking Confirmation is concluded. The Booking Confirmation shall be checked for completeness and correctness when the Customer receives them. Errors shall be reported to the Issuer immediately, no later than within two business days from delivery of the documentation. The Service Provider STCs and the contractual agreements with the individual Service Providers shall also apply to all Accompanying Persons. The Service Provider STCs can generally be taken from the website or the offer of the individual Service Provider or requested from the latter.
Prices, fees, and terms of payment
The travel price for all travelers (plus any Issuer fees) will be charged directly to the Customer’s Card when the Definitive Booking occurs. The prices as well as the payment, cancellation, and change terms and conditions for Third-Party Services are a subject matter of the contract between the Customer and the Service Providers. The Issuer shall disclose the prices of the Service Providers together with any fees of the Issuer to the Customer prior to Definitive Booking for each individual Third-Party Service of the Service Provider or for each Private Concierge Service of the Issuer and inform the Customer regarding the material payment and cancellation terms. All costs in connection with the Third-Party Services (including any card surcharges from the Service Provider, compulsory duties or taxes) as well as any Issuer fees shall be charged to the Customer’s Card. Prices shall in principle be subject to change without notice until Definitive Booking and can be adjusted at any time. In case of extraordinary price increases by the selected Service Provider (particularly transportation companies), the Issuer reserves the right to increase the travel price even after the Definitive Booking here one of the following is involved:
The Issuer is permitted to subsequently charge the Customer such price increases up to no more than 20 days prior to commencement of travel. If the travel price should increase by a total of more than 10% from the original price, then the Customer is entitled to withdraw from the contract at no charge within five days from the date the price increase is communicated and to demand refund of all monies already paid.
Cancellation/change of Third-Party Services by the customer
If the Customer cancels, changes, or cannot obtain a Third-Party Service (hereinafter collectively «Cancellation/Change»), then the respective terms and conditions of the relevant Service Provider (including Service Provider STCs) shall apply. It is the duty of the Customer or the Accompanying Persons to provide notices of any Cancellation/ Change as early as possible and in writing, either directly to the relevant Service Provider or to the Issuer. When a notification of Cancellation/Change is received, the Issuer will support the Customer to the best of the Issuer’s abilities and attempt to keep the additional costs as low as possible. All additional costs incurred shall be paid by the Customer.
The Issuer entirely rejects any and all liability for the Third-Party Services. The Issuer’s liability is limited to direct damages as a consequence of culpable failure to perform or poor performance of its Concierge Services – subject to a serious violation (wrongful intent, gross negligence) – and is limited in amount to twice the amount of the Third-Party Service. The restrictions on compensation provided for in international treaties in case of damages arising from failure to perform or poor performance of a transportation agreement remain reserved. Any and all liability for indirect or reflex damages (including lost profit) is hereby excluded. In addition, the Issuer shall not be liable if:
Before concluding a Definitive Booking, the Customer should check whether he and his Accompanying Persons are sufficiently insured.
The Issuer records and stores the Customer’s information and any changes thereto and processes it within the scope of the purpose of the contractual relationship (e.g. specific Customer requests, information about the Customer’s Accompanying Persons, payment information, date of birth, nationality, language, special preferences, and other information that the Customer provides to the Issuer. Where necessary in order to provide the Concierge Services, the Customer authorizes the Issuer as well as additional Service Providers involved to exchange information relating to the Customer – including the particularly sensitive personal data – including through electronic reservation systems operated by third parties. The data processing by Service Providers is subject to their data protection provisions. The Customer acknowledges that electronic data sharing may take place on open, transnational networks that are accessible to the general public. Even if such data is encrypted, it may nevertheless come to the attention of third parties. This may enable these third parties to infer that a business relationship has been or may be established between the Customer and the Issuer.
Communication and customer assistance
The Client and the Issuer may utilize electronic means of communication (e.g. email, SMS, Internet) in the context of the Concierge Services where this is provided for by the Issuer. If the Customer contacts the Issuer by email or provides the Issuer with his email address, he thus declares his consent for the Issuer to contact him by email and that the email address provided by the Customer can be used. The Customer acknowledges that during electronic data exchange, such as the use of the Internet or an email service, data are transmitted without encryption over a public network that is, in principle, publicly accessible. Even if both the sender and the recipient are located in Switzerland, data may be transmitted across national boundaries, including via countries whose data protection requirements are less strict than those of Switzerland. Third parties could view, alter, and misuse data, and could reach conclusions regarding existing or future business relationships. The sender’s identity could be simulated or manipulated. The Customer’s data could be lost during transmission or could be intercepted by unauthorized third parties. In order to reduce the risks, the Customer uses all available possibilities in order to protect the terminal equipment used by him (e.g., computer, mobile telephone), specifically by installing and regularly updating comprehensive virus protection and internet security programs and by updating the operating systems and internet browsers used. The Customer shall be liable for all consequences resulting from any unauthorized interception of data by third parties. The Issuer reserves the right to require separate authorization for the use of electronic means of communication, in particular for changes to contract-related data. The Customer may contact the Issuer’s customer assistance at the telephone number and address communicated on the Internet for all issues related to the Concierge Services.
Applicable law and jurisdiction
The contractual relationship between the Customer and the Issuer arising from these terms and conditions shall be governed by substantive Swiss law, excluding conflict-of-laws provisions. The regular courts at the registered office of the Issuer shall have exclusive jurisdiction for all disputes arising from the contractual relationship between the Customer and the Issuer. The courts of Sierre shall have jurisdiction and venue. This shall be without prejudice to the binding provisions of Swiss law.
Conclusions of the Agreement and payment terms
In the Agreement between the Lessee and the Lessor shall be deemed to have been concluded when the amount due as rent stipulated in the Agreement is received by the Lessor. If the amount is not received by the Lessor on the date specified, the Lessor may dispose of the subject matter of the lease in another manner without any requirement to give notice or pay compensation.
Term of the lease
The term of the Lease may not be extended without the express authorisation of the Lessor. The parties expressly preclude any tacit renewal pursuant to Article 266 of the Swiss Code of Obligations.
Utility costs (including electricity, gas, heating, etc.) are included in the rent insofar as expressly provided for in the Agreement. The rent shall not include costs which have been clearly itemised and which should be settled separately.
Transfer of the subject matter of the lease - claims
The property leased shall be transferred to the Lessee in a good state of repair and in accordance with the Agreement. If damage is noted upon transfer of the property leased or if the inventory is incomplete, the Lessee shall be required to inform the person responsible for the keys/Lessor immediately. If this does not occur, the property leased shall be deemed to have been transferred in a perfect state of repair. If the Lessee takes possession of the property leased late or fails to do so, the full amount of the lease shall remain due.
Regulations governing occupancy
The premises are leased as holiday accommodation and may not be used for any other purpose. The Lessee may not sublet the property unless express consent has been requested from the Lessor. Should the Lessee wish to reside with aged or disabled individuals or persons suffering from allergies he shall be obliged to obtain information regarding access facilities, configuration or equipment before concluding the Lease. The Lessee shall be required to use the property leased in a careful manner, to respect the internal regulations and to give due consideration to other residents in the property and to neighbours. The person responsible for the keys/Lessor must be informed immediately of any damage or any other relevant matter. The property leased may not be occupied by more than the maximum number of persons specified in the Lease. The Lessee shall be required to ensure that other co-lessees comply with the terms of this Agreement. If the Lessee or a co-lessee commits a clear breach of his duty to exercise care when using the property leased or if the latter is occupied by a number of persons in excess of the maximum number specified in the Agreement, the person responsible for the keys/Lessor may terminate the Lease forthwith without any compensation.
No animals are permitted unless authorised in writing.
Visits to the premises
The person responsible for the keys/Lessor reserves the right to visit the premises leased at any time subject to agreement with the Lessee.
Return of the property leased
The property leased must be returned upon expiry of the Lease in perfect order and in accordance with the departure inventory. The Lessee shall be required to pay compensation for any damage or items missing from the inventory.
Advertisement of mistaken price
In the event that the price advertised and paid is manifestly the result of an advertising error or a calculation error by the booking system, the Agency may cancel the booking within 48 hours (during business days) after the booking was made at no cost for the Lessee. Should this occur, the Agency shall furnish proof of its good faith and the Lessee may not demand implementation of the Agreement.
The Lessee shall secure private insurance against cancellation. If cancellation is received from the Lessee more than 90 days before the start of the stay, no deduction shall be made (free of charge). The total amount shall be returned after deduction of transaction charges. However, if cancellation is received after such time, the following deductions shall be made:
Should the Lessee fail to take possession of the premises leased, he shall nonetheless be required to pay the full amount of the rental charge for the period specified under this Agreement and shall have no entitlement to any reduction unless the agency is able to find a replacement lessee. Should this occur, the agency shall be entitled to charge the expenses incurred in searching for a new Lessee. The Lessee shall be required to accept the premises leased and may not require the agency to change the accommodation in the event that it is not convenient. Alternative lessee: the Lessee shall be entitled to propose an alternative lessee. Such a lessee must be deemed acceptable by the Lessor and must be solvent. He shall take on the contract under the same terms and conditions. The Lessee and the alternative lessee shall be jointly and severally liable for payment of the rent. If occupancy is discontinued prior to the date specified, the full amount of the rent shall remain due.
If such a guarantee is included in the rent, it shall allow the Lease to be cancelled in cases involving force majeure: illness, serious accident or death of the Lessee, a direct descendant or ascendant, parents in-law or significant damage caused to the Lessee’s property which urgently requires his presence at home (as attested by a medical certificate or other official document which shall be submitted). The insurance shall not apply to illnesses or accidents occurring prior to the conclusion of the Lease. Cancellation must be intimated to the agency within 48 hours of the time the reason for cancellation started to apply. If the cancellation of the lease is agreed to by the agency, it shall reimburse the amount received to the Lessee after deduction of the insurance premium.
Force majeure, etc.
If a force majeure occurrence (such as environmental disasters, forces of nature, measures adopted by the public authorities, sale of the accommodation, etc.) or an unpredictable or inevitable event prevents the lease or the continuation thereof, the Lessor shall be authorised (though not obliged) to offer a comparable property to the Lessee and shall not be liable to pay compensation or interest. If performance cannot be made in full or in part, the amount paid or the relevant part thereof shall be reimbursed, and no liability for compensation or interest shall be incurred..
It is essential that the prior agreement of the Lessor be secured for bookings for more than one property for groups. If no such agreement is secured the Lessor may cancel the bookings
The Lessor shall attend to the booking and the proper implementation of the Agreement. In the event of damage other than personal injury, the Lessor’s liability shall be limited to twice the amount of the rental charge if it can be established that the Lessor acted intentionally or with gross negligence. No liability shall be incurred for any breach for which the Lessee or a co-lessee is responsible, for any unpredictable or inevitable breach by a third party, force majeure or any event which the Lessor, the person responsible for the keys, the intermediary or any other person involved by the Lessor could not have foreseen or avoided notwithstanding the requisite precautions. The Lessee shall bear liability for all damage caused by himself or by co-lessees. Unless established otherwise, he shall be presumed to be liable for such damage.
General terms and conditions
Any general terms and conditions which may be annexed to the contractual documents of member agents shall prevail over these terms and conditions.
Applicable law and jurisdiction
This Agreement shall be governed by Swiss Law. Jurisdiction shall be determined solely on the basis of the property leased.
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