General Terms and Conditions for the Rental of Real Estate of AE Service AG
- Contract
The rental contract between the booking tenant and AE Service AG as the owner’s representative is concluded when the tenant, after making their reservation (online, telephone, email, etc.) has received a detailed reservation confirmation/invoice from Arosa Exklusiv (AE Service AG) as the owner’s representative, has returned this signed as a PDF and has paid the deposit of 30% of the total amount within 10 days. Only upon receipt of the deposit shall the booking be considered definitively confirmed and the rental agreement legally binding.
Upon conclusion of the contract, the booked holiday properties are confirmed and the tenant accepts the general terms and conditions set out here.
- Payment
The price for the entire booked arrangement is due before arrival and is to be paid as follows: 30% within 10 days of receipt of the signed reservation confirmation. The remaining 70% is due no later than 60 days before arrival. For last-minute bookings, the total amount must be paid immediately.
Payments must be transferred to the account of AE Service AG as the representative. Here you will find our account details at the Graubündner Kantonalbank:
IBAN: CH13 0077 4010 4735 7590 2 in the name of AE Service AG, 7050 Arosa
BIC/Swift: GRKBCH2270A
Please note: any fees for international transfers are to be paid by the sender.
If the deposit is not paid on time, AE Service AG, as the owner’s representative, is entitled to withdraw from the contract.
- Option on the booked arrangement
AE Service AG, as the representative, grants the tenant an option for the booked apartment for 5 days from the date of the reservation confirmation/offer. This means that it blocks the accommodation during this period and does not offer it to any other tenant. If no rental agreement is concluded during this period, AE Service AG, as the representative, may dispose of the apartment again and release it for further rental.
- Withdrawal from the rental agreement
If the tenant cancels a booking for any reason, the following cancellation conditions apply:
8 or more weeks before the start of the rental period: free of charge
6-8 weeks before the start of the rental period: 30% of the rental price
4-6 weeks before the start of the rental period: 50% of the rental price
4 or fewer weeks before the start of the rental period: 100% of the rental price
After conclusion of the contract, AE Service AG, as the agent, is entitled to terminate the contract within 3 days of its conclusion without any obligation to pay compensation in the event of erroneously communicated contractual terms (in particular regarding prices or the availability of the service) (based on Art. 23 ff. OR). AE Service AG, as the agent, will endeavour to conclude a new contract for an equivalent service. If this is not possible or if the tenant rejects the new offer within 5 days of receiving written notification, the amount already paid will be refunded in full and no further claims will be accepted.
AE Service AG, as the agent, is entitled to terminate the contract up to 60 days before arrival if the owner withdraws the property from the rental market, revokes the power of attorney or otherwise disposes of the property (based on Art. 404 OR – expiry of the power of attorney). In this case, the amount already paid will be refunded in full and without further claims.
In the event of a change of ownership (sale of the holiday property) (Art. 261 OR) and if the new owner does not wish to take over the existing rental agreements, AE Service AG, as the representative, will offer the tenant an equivalent rental property or refund the amount already paid in full.
- Cleaning and responsibility
The tenant is obliged to keep the rental property clean during the rental period. The tenant is liable for any damage to the rental property or the inventory. The tenant must immediately report any damage incurred during the rental period to AE Service AG as the representative. The costs incurred in the event of damage shall be borne by the tenant. The costs will be offset against the deposit or AE Service AG will send an invoice.
- Deposit
A deposit of CHF 300 for smaller apartments (up to 3.5 rooms) and CHF 500 for larger apartments (3.5 rooms or more) is payable before arrival. In the event of damage or a violation of point 5 of the General Terms and Conditions, the costs incurred will be deducted from this deposit. If the apartment is free of defects after the stay, the deposit will be refunded. The tenant must provide their account details for this purpose.
- Handover
The tenant must report any complaints regarding the rental property upon taking possession of it, otherwise it will be assumed that the rental property and its inventory are in the agreed, contractual, good condition.
- Number of persons
The number of persons specified in the rental agreement is binding. The tenant undertakes not to sublet the rental property, either in whole or in part.
- Additional costs
The following additional costs are included in the final price (total rent): resort fee, laundry, final cleaning, electricity and water costs, use of the internet. Additional laundry will be charged according to consumption (CHF 25/package).
- Pets
Pets are only allowed on request. A one-time fee of CHF 150.00 per animal will be charged separately.
- Electric car charging station
Wall boxes have been installed in several apartments. These can be used twice during your stay upon request and upon payment of CHF 50 in advance. The owner of the charging station reserves the right to charge retrospectively for consumption exceeding 120 kWh per stay.
- Smoking
Smoking is strictly prohibited in all apartments.
- Internet
Using the internet under a false identity, visiting illegal websites or downloading illegal content is prohibited under Swiss law.
- Newsletter
By making a booking, the tenant agrees that AE Service AG may send them newsletters by email on a regular basis, at most four times a year. The newsletter contains information about offers, news and other services related to the holiday properties advertised.
The tenant may revoke their consent at any time by using the unsubscribe link in each newsletter email or by written notification. The revocation shall take effect for the future.
- Valuables
The tenant must ensure that their valuables are insured. AE Service AG, as the representative, accepts no liability for loss of or damage to the tenant’s personal property. The tenant is obliged to lock the house when leaving.
15a. Disclaimer
AE Service AG acts exclusively as an agent for the owners and is only liable for its agency services. The respective owner is solely liable for the quality, condition, safety and any defects of the holiday property.
AE Service AG, as the agent, excludes all liability for damage caused to the holiday property, including accidents, injuries or damage to property. This does not include liability in the event of intent or gross negligence on the part of AE Service AG.
AE Service AG, as agent, is not liable for force majeure, natural events or other unforeseeable events that impair the use of the holiday property.
The tenant is advised to take out suitable travel and liability insurance.
- Applicable law and place of jurisdiction
Swiss law applies exclusively. The exclusive place of jurisdiction for all disputes arising from or in connection with the rental agreement is Arosa.
Arosa, 24.10.2023