For reasons of better readability, the masculine and feminine double forms are not used; the feminine form is always included. The term "tenant" also includes those persons who arrive with the guest or are included in the same booking (e.g. family members, friends, acquaintances, etc.).
GTC
GENERAL RENTAL TERM & CONDITIONS HOLIDAY
APARTMENTS MAS NOUVEL
1. Validity of the GTC
The GTC are an integral part of the booking between the guest, hereinafter referred to as "tenant", and the privately run Mas Nouvel, hereinafter referred to as "landlord". By making a booking, each tenant acknowledges the GTC as binding.
We reserve the right to correct obvious errors such as printing and calculation errors. Special requests, bookings subject to a condition and verbal subsidiary agreements are only valid if they are confirmed in writing by the landlord.
2. Booking
An accommodation contract, hereinafter referred to as "contract", shall be concluded between the tenant and the landlord with the written booking confirmation by the landlord.
The booking confirmation shall be sent by e-mail. The tenant shall check it for correctness and completeness and notify the landlord in writing of any discrepancies within five days of receipt, otherwise the booking confirmation shall be deemed accepted and legally binding.
3. Price fixing and changes
With his booking, the tenant accepts the price currently applicable for the booked service and confirmed by the landlord in the booking confirmation.
Detailed information on additional costs not included in the price will be communicated in the booking process and accepted with the final booking.
Changes in prices and services after conclusion of the contract may occur in exceptional cases and shall be borne by the tenant, e.g. newly introduced or increased government charges or fees (e.g. visitor's tax, VAT, etc.).
4. Terms of payment
A deposit of 30% of the total price according to the written booking confirmation is to be paid at the time of the definitive booking; the remaining amount of 70% is to be paid at the latest two months before arrival. Both amounts are to be transferred in Euros to the bank account listed in the booking confirmation. Additional costs, such as costs for final cleaning, bed linen and towels, will be charged separately and are to be paid in cash on departure.
If payment is not made on time, the tenant shall be in default without a reminder. The tenant must transfer the amount due according to the booking confirmation to the landlord immediately, at the latest, however, within 5 days.
If the remaining amount is not paid on time, the booking may be cancelled by the landlord and the tenant may not start the stay.
5. Special terms & conditions / notes
Dogs are only allowed after prior arrangement with the landlord. The corresponding fee is charged separately and must be paid in cash on departure.
Dogs must be kept on a lead throughout the guest area of Mas Nouvel and are not allowed in and around the swimming pool.
Non-smoking flats Smoking is prohibited in all our flats.
Number of persons The rental property may not be occupied by more persons than stated in the reservation and booking confirmation. In the event of overcrowding, the landlord has the right to reject or charge for any excess persons.
Check-In from 4 p.m. or by prior arrangement with the landlord. The tenant shall inform the landlord of the approximate time of arrival the day before arrival.
Check-Out by 9.00 a.m. on the day of departure (the flat must be cleaned for the next tenants, which is why departure cannot take place later).
Departure The rented property must be left in a tidy condition for the landlord. Please leave the key in the door.
Board/Catering Mas Nouvel does not have a restaurant or a food and/or beverage service. The tenant is responsible for his own board/catering.
6. Withdrawal / Cancellation
In case of cancellation, the deposit of 30% will be retained in any case. Of the remaining amount, an additional 80% will be retained or demanded for the days booked, insofar as they cannot be re-rented for this period.
If the agreed rental period is not fully adhered to, the full rental charge for the agreed period shall nevertheless be payable.
If the tenant falls ill or arrives ill during the stay, the landlord has the right to call in a doctor and, if there is a risk to the health of the other guests and/or the other persons present, to expel or reject the tenant. In this case too, the tenant shall not be entitled to terminate the contract, reduce the rent or claim damages. The limitations on compensation provided for in international conventions in the event of damage arising from non-performance or non-fulfilment of the contract shall remain reserved.
If the landlord withdraws from the contract before the start of the rental period (as a result of force majeure such as war, strike, government-ordered entry ban or damage to the rented property due to accidents, fire and water damage as well as similar compelling reasons), all amounts paid in will be promptly refunded to the tenant. Further claims are expressly excluded. If the landlord terminates the rental agreement after the start of the rental period, only the rent accrued up to that point, including additional costs, shall be charged to the tenant. The overpaid balance will be refunded to the tenant by bank transfer.
7. Duties of cooperation of the tenant
In addition to the payment of the rental price and the additional costs, the tenant shall in particular have the following additional duties:
7.1 The tenant undertakes to treat the holiday flat and the inventory with care.
7.2 The tenant acknowledges the house rules.
7.3 Should any defects be discovered upon taking over the flat, these must be reported to the landlord without delay. Otherwise, it shall be assumed that the flat was handed over in perfect condition.
7.4 The tenant shall be liable for any damage caused by him. Any damage must be reported as soon as possible, but no later than upon return of the flat. Defects discovered after the return of the flat may also be claimed against the tenant by the landlord.
7.5 The final cleaning costs declared in the booking confirmation apply to the normal final cleaning, i.e. the tenant must hand over the flat in a good condition on departure. In addition, the dishes must be washed, the dishwasher must be emptied, the refrigerator, the oven etc. must be emptied, the waste, empty bottles must be disposed of at the places designated by the municipality and the food/household articles presented on arrival must be replaced. In cases of particular contamination, the tenant undertakes to pay an increased cleaning fee.
If the tenant violates his duties to cooperate, the landlord shall not assume any liability. Claims for compensation by the tenant due to defects are not applicable.
8. Liability of the tenant / landlord
8.1 The landlord is liable to the tenant for the due performance of the contract, unless insurance covers the damage.
The liability for all damage other than personal injury is limited to the amount of the rental price according to the booking confirmation for each rental agreement.
The landlord shall not be liable if the non-fulfilment or non-contractual fulfilment of the rental agreement is due to services connected with technical facilities and availability such as WLAN, Internet, TV and/or deviations in the advertisement (website, etc.) or declaration of the facilities.
8.2 The tenant is responsible for everything belonging to the rented appartment. The tenant obliged to report any damage occurring during the rental period to the landlord without delay. He shall be liable for any damage caused by him, whereby the burden of proving that he is not at fault shall lie with the tenant. When moving out, the appartment must be handed over by the tenant with all accessories in the same condition as it was found upon arrival.
9. Use of the swimming pool
The use of the swimming pool is at your own risk. The tenant must show consideration for other swimmers at all times. The use of the swimming pool by non-swimmers is prohibited. The tenant is responsible for his or her children. Any liability on the part of the landlord, in particular for injuries of any kind, is expressly rejected.
Further rules of conduct can be established by the landlord on site and must be followed.
10. Privacy protection
The landlord declares to comply with the provisions of Swiss and European data protection legislation. Further details can be found under "Data protection".
11. Diverses
11.1 Authoritative language
By differences of interpretation due to different formulations in the various language versions, the German version shall prevail.
11.2 Invalidity of a provision
Should one or more of the provisions be or become invalid, this shall not affect the validity of the remaining provisions.
11.3 Adjustments to the GTC
The landlord is entitled to unilaterally amend these GTC at any time. The current status of the GTC can be viewed electronically at any time.
12. Jurisdiction
Swiss law shall apply exclusively. The place of jurisdiction is Zurich, Switzerland.