General Terms and Conditions
1. contracting parties
Bella Chesa (hereinafter referred to as the Lessor) is a branch of Ina Immobilia AG, Via Bambas-ch 3a in 7505 Celerina. In the name of Bella Chesa the execution of the rental contract with the contracting party takes place. The rental objects are all owned by Ina Immobilia AG.
2. purpose of rent, conclusion of contract, terms of payment
In principle, the rental object may only be used for the tourist use of private vacations. Any commercial or other use to be reported to the landlord.
The tenant confirms with the booking that he is capable of acting according to the law of his country of residence (but at least 18 years old) and can legally conclude contracts. Down payment, balance payment and any deposit will be recorded in the booking confirmation.
The contract between the tenant and landlord is bindingly concluded as soon as the tenant receives the booking confirmation.
If the deposit and the balance are not received by the landlord by the agreed date, the landlord may, after the unsuccessful expiry of a short grace period, rent the object to another party without being liable to pay compensation; however, he may also insist on the fulfillment of the contract.
The Lessee acknowledges that the object may only be occupied by the number of persons booked in the booking confirmation. Subletting, assignment of the rent or leaving the rented object to other persons are excluded. Additional persons are to be reported to the landlord immediately and a difference payment will be due.
3. additional costs / operating costs
Incidental costs or operating costs (such as electricity, gas, heating, etc.) are included in the rental price unless they are expressly stated in the booking confirmation. Incidental costs not included in the rental price will be settled in advance with the rental price and are to be paid together with it.
4. Arrival, handover of the rental object, complaints
The rental object is handed over to the tenant in clean and contractual condition. If there are defects or the inventory is incomplete at the handover, the tenant must immediately report this to the landlord. Otherwise, it is assumed that the rental object has been handed over as in perfect condition.
Should the tenant take over the object late or not at all, the entire rental price remains owed. The tenant himself is responsible for a timely arrival. The reference time on the day of arrival is possible from 16.00 o'clock. The keys are in the key box at the accommodation.
5. housemates and guests
The tenant is responsible for ensuring that the housemates, including guests, comply with the obligations of this contract.
6. careful use
The rental property may be occupied by no more than the number of persons (including children under 16 years of age) listed in the booking confirmation. Any kind of pets are not allowed. The tenant undertakes to use the rented property with care, to observe the house rules and to be considerate towards other residents and neighbors. Any damage must be reported immediately to the landlord.
Smoking is clearly prohibited in all rental properties.
Assignment of the rent, subletting, etc. are not allowed. If tenants, housemates or guests blatantly violate the obligations of careful use or if the apartment is occupied by more than the contractually agreed number of people, the landlord/keyholder may terminate the contract without notice and compensation after unsuccessful written warning. In this case, the rent remains owed. The right to subsequent claims and claims for damages remains reserved.
7. Return of the rental object
The rental object is to be returned on time on the day of departure by 10:00 a.m. at the latest in an orderly condition including inventory. The rental object is to be left broom-clean. This means that coarse soiling is removed before return and the rental object is tidied up. The tenant is responsible for cleaning the kitchen equipment, including crockery, cutlery and kitchen utensils. The kitchen must be left in a reasonable overall condition. If the rented property is left very dirty, untidy or in an insufficiently cleaned condition, the landlord may arrange for the additional costs of cleaning to be borne by the tenant. The tenant is liable for damages and missing inventory.
All keys must be returned to us at the end of the tenancy. If not all keys are returned, there is a risk of considerable claims for damages, for example due to the necessary installation of new door locks.
8. cancellation conditions
The renter can cancel the contract under the following conditions:
- up to 30 days free of charge
- 29 to 15 days: 50% of the rental price
- 14 to 0 days before arrival, no-show: 100% of the rental price
Decisive for the calculation of the cancellation fee is the arrival of the notification at the landlord during normal office hours between 09.00 and 17.00 hours.
In case of early return of the rental object or in case of termination of the rental, the entire rental fee remains owed. We recommend in any case to take out a travel cancellation insurance.
9. force majeure etc.
If force majeure (environmental disasters, force of nature, etc.), official measures, unforeseeable or unavoidable events prevent the rental or its continuation, the lessor is entitled (but not obliged) to offer the tenant an equivalent substitute object to the exclusion of claims for compensation. If the service cannot be provided or cannot be provided in full, the amount paid or the corresponding share for the services not provided will be refunded to the exclusion of further claims.
10. Liability of the renter
The tenant is liable for all damages caused by him or housemates, including guests. If damage is found after the return of the rental property, the tenant is also liable for these, provided that the landlord can prove that the tenant (or his housemates or guests) caused the damage.
11. internet use
If an Internet connection / wireless LAN is available in the rental property, the tenant is entitled to use this connection during the lease. The access data is intended exclusively for the personal use of the tenant. The tenant agrees not to use the Internet connection for the following purposes:
- Use of so-called file sharing networks (P2P networks).
- Violation of copyright, trademark, patent, name and labeling rights as well as other protective and personal rights
- Penetration of third-party data networks, data storage devices or terminal devices (so-called "hacking")
- Establishment of connections which result in costs or other consideration by third parties to the customer or third parties
- Distribution or receipt of criminal or illegal or immoral content or references to such content
- Execution of applications or use of devices which lead or may lead to disturbances/changes in the functionality or structure of the Internet connection provided.
12. Liability of the lessor
The lessor is responsible for a proper reservation and fulfillment of the contract in accordance with the contract. The liability of the lessor is excluded to the extent permitted by law. Liability is excluded in particular for actions and omissions on the part of the tenant (including housemates and guests), unforeseeable or unavoidable failures of third parties, force majeure or events which the landlord could not foresee or avert despite due care. Descriptions of infrastructure and tourist facilities such as swimming pools, tennis courts, public transport, mountain railroads, ski slopes, store opening hours, etc. are for information purposes only and do not bind the lessor under any legal title.
14. data protection
Ina Immobilia AG (Bella Chesa) is subject to the Swiss Data Protection Act and processes the data according to these regulations. It will process the data provided to it in accordance with the law and may inform the tenant about its offers in the future. If the tenant does not wish to receive this service, he can contact firstname.lastname@example.org or email@example.com directly. On the respective information, there will be an appropriate notice to cancel this service. According to the local legislation, Ina Immobilia SA may be obliged to register the tenant and his housemates with local authorities. Ina Immobilia AG reserves the right, in order to pursue legitimate interests or in case of suspicion of a criminal offense, to transmit the data of the tenant or the housemates and guests to the competent authorities or to instruct third parties to enforce his rights. In case of questions regarding data protection, the tenant shall contact the landlord directly.
15. Applicable law and jurisdiction
Swiss law is applicable. The place of jurisdiction for any legal action is the Regional Court of Maloja, Plazza da Scoula 16, 7500 St. Moritz.