1. Scope and General Information
These Terms and Conditions (T&Cs) of Mountain Flair GmbH, Via Dal Bagn 1, 7500 St. Moritz, Switzerland (hereinafter referred to as “Mountain Flair”), apply to all business relationships between Mountain Flair and its guests.
Mountain Flair arranges holiday apartments, apartments, and holiday homes (hereinafter referred to as “Rental Properties”) owned by third parties (hereinafter referred to as “Landlords”) on their behalf and in representation to interested holiday guests as tenants (hereinafter referred to as “Guests”). Mountain Flair owns and operates the website www.mountainflair.ch.
These T&Cs primarily apply; secondarily, Swiss law applies. Any conflicting, supplementary, or deviating conditions from these T&Cs require the express written confirmation of Mountain Flair.
By using Mountain Flair’s services and using www.mountainflair.ch or concluding a contract, the guest confirms that they fully accept these T&Cs.
Only individuals aged 18 years and older and legal entities are eligible to make bookings with Mountain Flair.
For better readability, masculine forms are used in these T&Cs for person designations and specific nouns. Such terms apply equally to all genders. The shortened form is for editorial reasons only and does not imply any valuation.
2. Information from Mountain Flair
Brochures, advertising materials, and the website www.mountainflair.ch contain information about holiday apartments, apartments, and holiday homes. Price and offer changes are reserved. All information is non-binding. Mountain Flair strives to provide all information and details correctly, completely, up-to-date, and clearly; however, Mountain Flair can neither explicitly nor implicitly guarantee this.
Mountain Flair cannot guarantee that the offered services can be provided. Therefore, all information is without warranty and can be changed at any time without notice.
3. Legal Position of Mountain Flair
www.mountainflair.ch is a purely mediation platform. Through www.mountainflair.ch, contracts are concluded between the landlord of the rental property and guests, but not between Mountain Flair and guests. Mountain Flair acts on behalf and in the name of the landlord as a direct representative. Rental agreements between landlords of rental properties and guests are concluded between these parties. Mountain Flair acts merely as a direct representative, but in no case as a contracting party to the guest. Upon request, Mountain Flair discloses the identity of the property owner.
4. Prices
Unless otherwise stated, all listed rental prices are in Swiss Francs (CHF), including VAT where applicable. Payment terms are shown in the booking confirmation.
The guest must pay the total amount before taking over the rental property and provide the agreed security deposit.
The security deposit will be offset against any additional costs and damage compensation payments owed by the guest after the rental period, and the difference will be paid to the guest. If there is a positive balance, Mountain Flair can offset this with the remaining payment owed by the guest. The security deposit will be settled within seven days after returning the rental property.
The rental price includes the basic rent for the agreed rental period. This includes the costs for heating, electricity, water, and, if available, Wi-Fi and TV. The costs for bed linen, towels, garage, parking space, booking fee, final cleaning, etc., are added according to the respective offer, either as a lump sum or effective cost.
The tourist tax is billed separately.
5. Conclusion of the Contract
The guest places a booking via www.mountainflair.ch and subsequently receives an automatic confirmation of receipt. The contract between the landlord and the guest is concluded upon receipt of the written booking confirmation (by email) from Mountain Flair.
6. Payment
The payment options listed on www.mountainflair.ch are available to the guest.
By choosing an online payment method, the guest authorizes Mountain Flair to collect the payment on behalf of the landlord in the corresponding way.
The guest is obliged to complete a “Pre-Check-In” via an online system before arrival and to provide their credit card details there. They authorize Mountain Flair to authorize or reserve the agreed deposit on their credit card. If there are claims for which the deposit is liable, Mountain Flair is entitled to charge the corresponding amount against the deposit on the guest’s credit card.
In the event of late or incomplete payment, Mountain Flair, on behalf of the landlord, may cancel the rental agreement at the guest’s expense, re-rent the rental property, and claim the corresponding cancellation fee according to clause 10 below and offset any payments already made (including the rental deposit).
Offsetting the invoiced amount with any claims the guest may have against Mountain Flair or the landlord is not permitted.
7. Obligations of the Landlord
Unless otherwise agreed, the landlord fulfills their obligation by providing the rental property rented by the guest as contractually agreed.
8. Rights and Obligations of the Guests
The times for check-in and check-out are determined by individual agreement.
The rental property is handed over to the guest in a clean and contractually compliant condition. If there are defects or incomplete inventory at handover, the guest must report this to Mountain Flair immediately. Otherwise, it is assumed that the rental property was handed over in perfect condition.
Mountain Flair is entitled to request an ID from the guest and all fellow travelers staying in the rental property to verify their identity.
The guest is obliged to use the rental property carefully and considerately and to adhere to the house rules at all times. The house rules posted in the respective rental property are an integral part of these T&Cs.
The guest must keep the house keys safe and generally avoid anything that could damage the rental property, furniture, or the general setup. Unless otherwise specified or agreed, smoking is prohibited, and pets are not allowed.
Only the persons listed in the rental contract may stay overnight in the rental property. Subletting the rental property or assigning the rent is not permitted.
The rental property may only be used for private holiday purposes. Any commercial or other use is prohibited.
The rental property must be returned on time, in good condition, including inventory. The rental property must be left swept clean. Major dirt must be cleaned before returning, and the rental property must be tidied up.
The guest is responsible for cleaning the kitchen, including dishes, cutlery, and kitchen appliances. The kitchen must be left in a good and clean condition. If the rental property is returned very dirty, untidy, or not sufficiently cleaned, Mountain Flair may arrange for cleaning at the tenant’s expense. The tenant is liable for damages and missing inventory.
All keys must be returned at the end of the rental period. If not all keys are returned, significant compensation claims may arise, such as for the required installation of new door locks.
The guest is liable for damages caused by them and persons for whom they are responsible or who they allow into the rental property, whether intentionally or negligently.
The landlord reserves the right to further claims for damages (e.g., due to loss of use).
If an internet connection or wireless LAN is available in the rental property, the tenant is entitled to use this connection during the rental period. The access data is intended exclusively for the tenant’s personal use.
9. Guest withdrawal
If the guest withdraws from the contract, Mountain Flair charges the following cancellation fees:
The withdrawal declaration becomes effective on the day it is received by Mountain Flair. The office hours between 9:00 AM and 5:00 PM apply. If the rental property is taken over late, the full invoice amount remains due.
Mountain Flair recommends that the guest take out cancellation insurance.
10. Warranty
Mountain Flair hands over a properly prepared and equipped rental property to the guest on behalf of the landlord.
Any defects must be reported to Mountain Flair immediately by the guest. Major defects will be remedied immediately, and all other defects as soon as possible.
If the rental property is not ready for occupancy upon the guest’s arrival, Mountain Flair reserves the right to accommodate the guest in another, at least equivalent rental property. The rental contract for the original rental property is then terminated. A new rental contract is concluded for the replacement property.
Any additional costs incurred are borne by Mountain Flair. The difference to any lower costs will be refunded to the guest.
Alternatively, the guest is entitled to withdraw from the rental contract. Any paid fees will be refunded, whereby claims for damages are excluded.
11. Liability
Mountain Flair is responsible for a proper reservation. Furthermore, Mountain Flair excludes any liability, regardless of the legal basis, and claims for damages against Mountain Flair. Mountain Flair is not liable for indirect damages, consequential damages, lost profits, or other personal, property, and pure financial damages of the guest or third parties. Mountain Flair is also not liable for the use of swimming pools, playgrounds, and sports facilities of all kinds (such as tennis courts, football fields, training facilities). This is subject to further mandatory legal liability, such as for gross negligence or unlawful intent.
The rental contract is concluded between the landlord and the guest. Any warranty and liability claims must be made in this contractual relationship. Mountain Flair, as a direct representative, disclaims any warranty or
12. Force Majeure
If timely performance by the landlord is made impossible due to force majeure, the landlord is released from fulfilling the affected obligations during the duration of the force majeure and a reasonable start-up period after its end and may withdraw from the contract. In this case, the landlord will fully refund the guest for already paid rents for services not yet rendered.
Any further claims, in particular, claims for damages due to vis major, are excluded.
13. Data protection
Mountain Flair is legally obliged to record the personal data of guests and all persons staying overnight (including children) and forward it to the political municipality.
The protection of guests’ personal data is important to Mountain Flair. Mountain Flair takes the issue of data protection seriously and pays attention to appropriate security. Mountain Flair processes and maintains personal data in accordance with the provisions of the Federal Data Protection Act (DSG), the Ordinance to the Federal Data Protection Act (VDSG), the Telecommunications Act (FMG), and, where applicable, other data protection provisions, in particular the EU General Data Protection Regulation (GDPR).
The guest acknowledges and agrees that Mountain Flair processes their personal data in the course of providing its services and also passes it on to third parties. The guest may object to this consent at any time in writing (email is sufficient).
The guest agrees that Mountain Flair uses their data for advertising purposes (online or print), particularly to send them information about offers.
The guest can object to these advertising purposes at any time by notifying Mountain Flair.
We also refer to our separate privacy policy.
14. Other provisions
Should individual provisions of these T&Cs be wholly or partially void and/or ineffective, the validity and/or effectiveness of the remaining provisions or parts of such provisions shall remain unaffected. The invalid and/or ineffective provisions will be replaced by those that come closest economically to the sense and purpose of the invalid and/or ineffective provisions in a legally effective manner. The same applies in the event of any regulatory gaps.
In the event of disputes, Swiss substantive law applies exclusively, excluding conflict of law norms.
The place of jurisdiction, also in relation to the landlord and the guest, is St. Moritz, unless the law prescribes mandatory places of jurisdiction.
St. Moritz, October 1st, 2023
Via dal Bagn 1
CH-7500 St. Moritz
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