General Terms and Conditions (GTC) of La Sarda GmbH, Zug, Switzerland (rental company)
The General Terms and Conditions form an integral part of the booking contract.
Details
1. Conclusion of the lease agreement
1.1. Customers may submit inquiries to La Sarda GmbH through agencies (hereinafter referred to as "Partners") in writing, verbally, by telephone, or through online platforms. Our partners will respond promptly with availability and pricing information. This is not a binding offer. You may book your desired service free of charge and without obligation through an option from our partners, by the end of the option period, and communicate your decision within that period, or communicate your intention to book directly. In this way you will be registered for the services you need. By registering, the customer makes a binding offer to conclude a rental contract. Registration can only be done in writing with a signature by mail, fax or e-mail. The rental contract is concluded when a partner, after being authorized by us, confirms the reservation by sending a booking confirmation to the customer and the partner receives the deposit from the customer.
1.2. Registration for the desired services takes place exclusively through the partners of La Sarda GmbH. They are appointed and authorized by us to act on our behalf, to propose options, accept reservation requests, process cancellation requests, and confirm reservations and cancellations. The partners thus act as our legal representatives and thus have an exclusive role as mediators. Partners collect rental fees for us and on our behalf.
2. Payment
2.1. Upon conclusion of the contract, the customer is required to pay an appropriate down payment as specified in the contract. For short-term contracts, payment of the full amount is required only once.
2.2. The balance of the rental price must be paid no later than 60 days before the start of the rental period. The date of credit to the account specified by the partner in the contract shall be the date of credit. Any bank charges will be borne by the customer. The customer pays the rental price in the currency chosen by the respective partner.
2.3. Full payment of the rental price is a prerequisite for receiving housing information. The rental company is not required to deliver the information documentation without full payment from the customer. If payments due are not made or not made in full and the customer does not pay even after a reminder and grace period, the rental company may terminate the contract. The rental company may charge a cancellation fee as compensation under Section 5.1.
3. Services, prices
3.1. Contractual performance is based on the service description made available to the customer through our partners (photos and descriptions of the partner's property or partner's website), as well as the registration and confirmation of the reservation. However, the rental company expressly reserves the right to make changes to the facilities and equipment of the rental property prior to the conclusion of the contract, of which the customer will be informed prior to booking. At least eight days before the start of the rental period, the customer will receive directions to the rental property and all other information documents from the partner. If the necessary documents are not available at the moment, we ask the client to contact the partner through whom he or she made the reservation. Property characteristics, property descriptions, and distance information on our partners' websites or in the real estate brochure have been communicated to us by the owners. In rare cases it is possible that the homeowner may keep some rooms locked for safekeeping of personal belongings. Such rooms are not included in the service description and therefore are outside the scope of the contract. In any case, the house/apartment will be delivered to the client clean and well maintained for the agreed rental period.
3.2. Special customer requests may be included in the registration or booking confirmation only as non-binding, unless the rental company expressly confirms such requests.
3.3. Additional costs for electricity, water and gas are generally included in the rental price for average consumption. If the customer's consumption exceeds this average, any excess consumption will be deducted from the deposit paid by the customer. Any excess consumption is detected by electric meter reading. Unit prices are stated in the contract. A significant factor for increased consumption is the presence of an air conditioning system in the house. For this reason, a fixed rate for air conditioning consumption is offered at the time of registration.
3.4. Deposit: A deposit will be required to rent the accommodation. Customers can pay the deposit using their credit card information. For data protection reasons, the data is saved through an independent payment service provider. The amount of the deposit is stated in the contract. In case of damage caused by the customer to the house/apartment or its furnishings, we will charge the amount of the damage, up to a maximum equal to the deposit, to your credit card. If the damage exceeds the amount of the deposit, the customer will be billed separately for the excess.
4. Changes in performance
4.1. Changes to individual elements of the agreed content of the rental contract that become necessary after the conclusion of the contract and that have not been made in bad faith by the lessor are permissible only if the changes or deviations are not substantial and do not affect the overall nature of the booked service. Any warranty claims shall remain unaffected if the modified services are found to be defective. The rental company is obliged to inform the customer of any changes in services immediately after becoming aware of the reason for the change.
4.2. In the event of a substantial change in a booked service, the customer has the right to cancel the contract at no cost or to request the rental of an equivalent property, provided that the rental company is able to offer such property from its range at no additional cost to the customer. The customer is required to assert these rights immediately after the rental company notifies the customer of the change or cancellation of the booked service.
5. Cancellation by client, new reservation, replacement person, insurance coverage
5.1. The customer may withdraw from the rental agreement at any time before the start of the rental period. In this case, the rental company loses the right to the rental price, but may demand from the customer adequate compensation, taking into account the expenses normally saved and the gains normally obtainable through alternative use of the rental service. The rental company will calculate its claim based on the proximity of the cancellation date to the beginning of the contractually agreed rental period, according to the cancellation scale below. The following percentages will normally apply:
- 40% of the rental price up to 90 days before the start of the rental period
- 60% of the rental price from the 89th to the 60th day
- 70% of the rental price from the 59th to the 30th day
- 90% of the rental price in case of cancellation within 30 days before the start of the rental period or if the rented property is not used by the client (rounded to the nearest whole amount in the respective currency).
5.2. The customer remains free to provide evidence that the withdrawal or non-use of the leased property resulted in no costs or significantly lower costs than those indicated in the flat rates or actually billed.
5.3. If, at the customer's request, changes are made to the period, area or accommodation after booking (change of booking), the rental company may charge a change of booking fee up to 75 days before the start of the rental period if this results in additional costs or downtime for the rental company. New reservations from the 74th day before the start of the rental period can generally be made only after cancellation in accordance with Section 5.1. with subsequent re-registration or by individual agreement with the rental company.
5.4. The rental company expressly advises customers to take out insurance coverage for the rental period, especially international health insurance and trip cancellation insurance when traveling for vacation.
6. Unused services
If the customer does not make full use of the contracted services, particularly due to late arrival and/or early departure due to illness or other reasons not attributable to us, the customer will not be entitled to any proportional refund.
7. Withdrawal and termination by the rental company
The rental company may terminate the lease if, prior to the commencement of the rental period, it becomes aware of important reasons concerning the client or roommates of the house/apartment chosen by the client that may cause such client or roommates to permanently disrupt the stay, or if, after the commencement of the stay, the client or his/her roommates continue to permanently disrupt the stay despite a corresponding warning from the rental company, or if the client or a roommate behaves contrary to the contract, so that the rental company cannot be expected to continue to perform the contract. This is especially true in cases of malicious or grossly negligent damage to the rented property and its inventory. The rental company reserves the right to the rental price, but must take into account the value of demonstrably saved expenses and all benefits gained from the alternative use of unused services, including any reimbursements from the property owner.
8. Passport, visa, customs, foreign exchange and health regulations
The rental company undertakes to inform the customer about passport, visa and health regulations before submitting the booking statement and about any changes before the start of the rental.
9. Tenant's obligation to cooperate / obligation to return the property on time / compensation for delay damages
9.1. The client is required to immediately inform the partner of any complaints and request their resolution. In this case he/she is asked to contact the partner. Contact details and a local contact person will be sent to the tenant at the time of booking and will be included in the documents along with directions in good time before the start of the rental period. Persons listed as contact persons are not authorized to acknowledge any claims. They can only acknowledge receipt of the client's claim and are required to remedy the situation to the extent possible. If the customer negligently fails to fulfill his or her obligation to cooperate, he or she may not make any claim against the rental company.
9.2. The contracted property can only be occupied by the number of people specified in the contract. In case of overcrowding, the rental company has the right to charge a reasonable additional fee per day and per person. At the request of the rental company, the unregistered person(s) may be asked to leave the property immediately. You must comply with this request.
9.3. No tents, caravans, etc. may be set up on the contracted land.
9.4. The client is required to strictly adhere to the property return time specified by the rental company. Unless a specific return time is specified, the property must be completely vacated by 10:00 a.m. on the last day of the contractually agreed upon stay. After the agreed upon time, cleaning staff may enter the property at any time and have free access to clean.
9.5. The client violates a secondary contractual obligation if he or she does not vacate the property through his or her own fault on time and is therefore liable for damages attributable to him or her, since the property cannot be cleaned immediately. There is a possibility that subsequent tenants may not move into the property on the agreed terms and may then make warranty and/or damage claims to the rental company under the lease agreement. In such a case, the rental company reserves the right to recourse against the customer who departs late through its own fault. In any case of delayed return of the property, the rental company shall have the right to claim from the late departing customer adequate compensation for each hour or fraction of an hour for which the customer is responsible for the delay in returning the property to the rental company's agents or the rental company itself. The rental company expressly reserves the right to prove and claim for greater damages. In this case, the rental company is required to specify and provide proof of the compensation claimed, taking into account the expenses saved and any alternative rental of the booked property. The customer is expressly allowed to prove that the rental company has suffered no damage or that the damage is significantly less than the compensation claimed.
9.6. The client is required to return the property in a decent condition. In particular, the dishwasher must be emptied, garbage disposed of, and pots, dishes, and refrigerator cleaned. If the customer fails to comply with this obligation, the rental company has the right to charge the customer additional cleaning fees or deduct them from the security deposit.
9.7. Pets are allowed only after consultation with the rental company and their express confirmation.
10. Limitation of liability
The contractual liability of the rental company for damages other than bodily injury is limited to three times the rental price, provided that the damage to the customer was not caused intentionally or through gross negligence by the rental company or that the rental company is solely responsible for the damage caused to the customer through the fault of a service provider.
11. Exclusion of claims, prohibition of assignment
11.1. Contractual claims against the rental company for non-contractual delivery of the rental object must be submitted in writing to the rental company within one month after the end of the contractually agreed rental period. After the expiration of the one-month period, claims may be asserted only if the customer has been prevented, through no fault of his or her own, from meeting the deadline.
11.2. The assignment of claims against the rental company without its express consent is excluded.
12. Choice of law
12.1. For reservations made in the territory of the Federal Republic of Germany, German law applies.
12.2. For other reservations, Swiss law applies.
13. General Provisions
13.1. Should individual provisions of these rental conditions be or become invalid, this will not affect the validity of the remaining provisions.
14.Rental Company La Sarda GmbH
Meter route 5
train 6300
Switzerland
E-mail: info@lasarda.ch Web site: www.lasarda.ch
Managing director: Domenica Zannol HR number: CH-020.4.021.173-2
Status: April 2021