All the terms defined below that start with a capital letter, whether used in the singular or plural, have the following meaning:
- Object: property offered for rental by eShortRental Sàrl.
- Owner: the person(s) who own(s) the Object offered for rental.
- Tenant: any person who makes a reservation of an Object via eShortRental Sàrl.
- Occupant: any person who is authorized to stay in a rented Object, including the tenant.
- Parties: parties to the Lease, the Tenant and the Owner.
- General Conditions: the present general conditions, which are to be considered as a Lease once accepted by the parties.
- Reservation: firm offer made by the Tenant when reserving the desired Object, once he/she has accepted the General Conditions.
- Company: eShortRental Sàrl and any person validly authorized to represent it.
- Lease: rental agreement based upon the General Conditions and regarding the Object, validly concluded without express refusal by the Owner at the end of the period for express refusal.
- Scope of application
The present General Conditions are fully applicable to any Reservation and any Lease of any of the Objects offered by the Company, whether via the Internet or by any other mean.
The Tenant is required to read carefully the General Conditions that will become an integral part of the Lease.
In making any Reservation, the Tenant acknowledges that he/she has read and understood, and fully agrees to the General Conditions, which will then form an integral part of the Lease to be concluded.
The applicable version of the General Conditions is the version available on the Company’s website at the time of the Reservation of the Object. The French version is legally valid.
The Company is entitled to adapt or modify the present General Conditions at any time, within the limits of the law. In the event of such a change, the General Conditions applicable at the time of the Reservation will solely apply.
- Reservation Procedure and Conditions
The Tenant selects the desired Object, as well as the start and end dates of the desired rental period, depending on the availability of the Object.
The Tenant also chooses the desired additional services, as offered at the time of the Reservation.
- Acceptance of General Conditions
By clicking on “Proceed” and ticking the “I accept the General Conditions” box, the Tenant expressly confirms that he/she has read and understood the present General Conditions and agrees without reservation to abide by them.
By making his/her Reservation, the Tenant makes a firm rental offer to the Owner and will remain bound by his/her offer.
Upon receiving the Reservation, a Lease projects is sent to the Tenant according to the selected terms.
Upon receiving the Reservation and after having sent the Lease contract to the Tenant, the Owner must notify a potential express refusal of the Reservation within 2 (two) working days. If no such refusal is notified, the Lease is concluded and the parties are bound by it.
- Parties to the Lease
In the absence of an express refusal by the Owner within the allocated 2(two)-day period (cf. pt. 2 above), the Lease is regarded as validly concluded, and the present General Conditions then form an integral part thereof.
The Lease is concluded between the Tenant and the Owner of the Object, and the Company will not play any role other than that of the Owner’s representative.
The Company accepts no responsibility vis-à-vis the Tenant or the Owner regarding the acceptance, refusal or fulfilment of the Lease, including the restitution of the Object.
In the event of a dispute regarding the Lease, the Company will not be a party in any way.
The Reservation and the Lease may be cancelled by the Tenant no later than 2 months (date) prior to the start of the Lease (the date on which the Tenant takes possession of the Object). Said cancellation is subject to payment of a penalty of 10% (ten per cent) of the total Rent amount for the chosen rental period, to cover the Company’s expenses.
In the event that the Tenant cancels less than 2 months (date) prior to the start of the Lease, the entire Rent for the desired rental period will be owed, unless the Object can be re-leased for an identical rent.
In the latter case, the Tenant will be reimbursed an amount not exceeding that of the new Rent actually collected for the rental period of his/her Reservation, minus 10% (ten per cent) of the total Rent amount, to cover the Company’s expenses.
- Nature of the Object
The Object is offered for rental, within the limits set by the Owner (number of occupants, animals, children, etc.), as a holiday apartment, for a fixed period not exceeding 3 months.
Subject to point 8 below, the Object cannot be used as the Tenant’s primary residence.
All subletting is prohibited and may result in the immediate termination of the Lease, in which case the Tenant will still be obliged to pay the balance of the Rent, plus any damages and expenses.
- Changes to the rental conditions
If the Tenant wishes to extend the duration of the Lease, a new Reservation must be received by the Company at least 5 (five) calendar days prior to the end of the Lease. In this case, art. 4 above applies once again.
If the Tenant wishes to modify the assignation of the holiday accommodation or extend the duration of the Lease longer than three (3) months in total, art. 9 below must be applied.
The Tenant has no right to the extension of the duration of the Lease; the Owner remains free to accept or refuse the proposal for an extension of the duration.
The Company must be notified immediately of any new or other agreement concluded directly between a Tenant and the Owner of an Object offered by the Company.
- Common Lease of a duration of more than three (3) months
If the accommodation is no longer destined for holiday purposes, or if the Lease must be concluded or extended for more than three (3) months in total, the Lease will then be submitted to the usual provisions of the Swiss Law on Lease contracts for accommodation, and will remain submitted to the present General Conditions.
In addition to a new Lease including the present General Conditions in their electronic version, the Owner or the Company will send the Tenant (by email and by post) an official Form setting the initial Rent upon taking possession of the Object or on the first day of the requested extension of the duration of the Lease.
The Tenant is obligated to proceed, if he/she wishes to extend the duration of the Lease once again, according to art. 4 above.
The Rent is calculated and charged per day of rental and includes the Rent owed for the use of the Object, as well as the fixed accessory charges for the agreed period and all tourist tax owed.
The accessory charges include in particular:
– Heating and hot water costs;
– Cold water costs;
– Electricity of the shared parts of the Object (Pro rata);
– Costs of utilization of the collective facilities;
– Costs of intendance;
– Costs of maintenance of the garden and surroundings of the building;
– Costs of snow removal;
– Costs of waste disposal;
– Other – Additional costs according to specific agreements.
In order to set the initial Rent (art. 9) or calculate the securities (art. 11), the monthly Rent is calculated on a basis of 31 days.
The Rent for the entirety of the desired rental period must be paid in full and in advance to the Company.
Upon accepting the Reservation, including an extension of the duration of the Lease, an electronic bill will be sent to the Tenant by the Company, including the total amount of the Lease that is owed for the agreed period.
The Rent payment must be made within 10 days after the Reservation, and in any event before the Tenant’s arrival at the rented premises.
In case of an agreed extension of the duration of the Lease, the Rent relating to the extended period must equally be payed within 10 days after the Reservation, and in any event before the Tenant’s arrival at the rented premises.
In the case of a Reservation relating to a Lease of a duration shorter than three (3) months, if the payment is not made within the above-mentioned deadline, the Lease is considered as having being cancelled by the Tenant and art. 6 above applies, without any need to notify the defaulting Tenant.
In case of a Lease exceeding three (3) months or if the requested extension of the duration of the Lease exceeds said period, any delay in the payment of the Rent will be sanctioned by a formal notice under threat of termination of the Lease, according to art. 257d and following of the Swiss Code of Obligations.
- Security bond
Simultaneously with the payment of the first Rent (art. 10), the Tenant must make a deposit to the Company as guarantee, in cash, in Swiss Francs, or by credit card (the amount agreed upon will in this case be blocked).
On the Tenant’s request, a security bond made by a company based in Switzerland may replace the above-mentioned securities, according to the document featuring on the Company’s website.
The amount of the security bond will be set depending on the rented Object, but is limited to a maximal amount corresponding to three (3) months of Rent.
The aim of the guarantee is to cover any debt of the Tenant in relation with the Lease or the rented Object, and in particular its utilization by the Tenant.
If the payment is made in cash in favour of the Company, the guarantee will be transferred to the Owner, who will then make its deposit on an account opened in the Tenant’s name.
In the 30 days following the end of the Lease, subject to the outgoing inventory of fixtures and confirmation that no damage attributable to the Tenant has been incurred, the guarantee will be released to the Tenant.
In the case that faults are attributable to the Occupant, the Owner may assert his/her rights according to the provisions that apply, and the guarantee will remained blocked in the meantime.
The Company takes no responsibility in relation with the fate of the guarantee or a litigation deriving thereof.
- Taking possession of and departing from the rented premises
The Tenant will inform the Owner and the Company of his/her arrival and departure times at least one day in advance.
In any event, the Tenant must arrive at the premises at 5 pm at the earliest and must depart before 10 am.
The Tenant will inform the Owner in the event that he/she is going to arrive late.
- Inventory of fixtures and use of the Object
The Tenant will accept the Object in the condition known and accepted at the time of the incoming inventory of fixtures.
Any fault in the rented Object must be reported immediately at the time of the incoming inventory of fixtures and recorded in this inventory in the Tenant’s presence.
The Tenant undertakes to use the Object pursuant to the agreed use and within the limits set, in particular regarding the aim of the rental and the number of Occupants.
In the event that a fault arises during the Lease period, the Tenant is obliged to notify the Owner thereof without delay, and he/she is accountable for the damage resulting from this omission.
- Furniture in the Object
The Object is leased fully furnished and equipped and ready for use.
It includes the furniture and accessories listed in the inventory.
The Tenant is obliged to return the Object in a flawless condition at the end of the rental period, with all the furniture and accessories listed in the inventory.
- Civil liability
The Tenant is accountable for damage to the Object, its furniture or its accessories that he/she causes or that is caused by any third party authorised by him/her to access the Object.
For all practical purposes, the Tenant undertakes to obtain an internationally valid civil liability insurance policy.
- Visits to the Object during the Lease period
The Tenant accepts that the Owner and/or the Company may occasionally visit the rented premises with a view to future rental.
The Tenant will be informed about the visit as soon as possible.
- Intellectual property
The website and all its constituent parts (in particular, logos, trademarks, domain names, titles, images or other content provided by the Company) are either the property of the Company, or prior authorization for their use has been granted by third parties.
- Protection of personal data
In order to process orders and offer services, the Company has to process personal data concerning the customer which may be obtained when a Reservation is made on the website.
The personal data designated as mandatory is necessary in order to process the order and to offer online services. If the customer does not complete the fields designated as mandatory, the Company will not be able to process the Reservation, so the latter will not be sent to the Owner.
All personal data will be treated as confidential.
- Electronic archiving of contracts and agreement concerning proof
The Company will archive orders and payment receipts or invoices on a reliable and durable medium, which will constitute a true copy.
The Company’s computerised registers will be regarded by the Parties as proof of communications, orders, payments and transactions carried out between them.
The Tenant accepts that all electronic correspondence and/or communication and/or transmission of information that takes place with the Company is presumed to be no less valid as a form of proof than a paper document.
- Applicable law and versions in different languages
The relations between the Parties are governed by the General Conditions, and Swiss Law of Obligations also applies.
Only the French version of the General Conditions is legally valid.
For any dispute that may arise in connection with the present General Conditions or the Lease concluded, the competent Courts of Jurisdiction are those competent for the location of the Object.
State of 2018 Jun 01