GENERAL TERMS AND CONDITIONS
These General Terms and Conditions (hereinafter referred to as "GTC") apply to the provision of fur-nished apartments against payment as well as to all other related services and deliveries of Apart-ment House Bern - Kollektivgesellschaft E. Schenk & B. Schläfli, Hauptgasse 5, 3294 Büren a. A. (hereinafter referred to as "Apartment House Bern") to tenants. The GTC form an integral part of each contract. Should the present GTC contradict any contractual conditions of a tenant or company partner, the present GTC shall take precedence. In all other respects, the relevant articles of the Swiss Code of Obligations shall apply to the exclusion of the provisions of the rental agreement.
2. Conclusion of contract
Following the rental request via the website of Apartment House Bern apartmenthouse.ch or e-mail, the tenant will receive a written booking confirmation from Apartment House Bern, followed by an in-voice and the rental agreement. The rental relationship between the parties is established only with the electronic signature of the rental agreement.
3. Services, payments and prices
3.1 The price includes the use of the furnished apartment for the agreed period. The following incidental expenses are included in the gross rent as a lump sum:
- Heating and hot water costs
- General lighting
- Apartment electricity consumption
- Weekly cleaning service
- Changing towels, kitchen linen and bed linen (14-days)
- Use of cookware and tableware
- TV cable connection (without Serafe fee)
- WLAN / WiFi
The final cleaning will be charged in advance one time at CHF 180.00. Additional services on the part of Apartment House Bern for the tenant will be charged separately. The apartments are intended for 1-2 people and are personalized (no transferability to third parties).
All prices are in Swiss francs (CHF).
3.2. The rent is payable in advance for fixed-term and indefinite tenancies. If the tenant in the case of an indefinite tenancy does not fulfill their obligation of payment in time, Apartment House Bern is entitled to withdraw from the contract after granting a reasonable grace period of 6 days. The tenant must immediately vacate the apartment and is liable for any damages (loss of rent, etc.) incurred by Apartment House Bern as a result of the early termination of the contract.
3.3. Prices are subject to change without notice by Apartment House Bern.
4. Rental period
Designed as a temporary living solution, the apartments can be booked for a limited or unlimited pe-riod starting from 7 days. In case of an indefinite booking, the tenant shall pay 3 months' rent in ad-vance
5. Obligations of the tenant
5.1 The tenant undertakes to use the rented property with all due care, to protect it from damage, to take proper care of it, even if the apartment is not in use.
In the interest of proper use, the following is prohibited in particular:
- the use of the apartment for other than residential purposes.
- the removal of rented furniture and making changes to the rented property.
- the use of acidic agents for cleaning the rented property (bathroom / kitchen / furniture, etc.).
- the logging in of additional persons (exception: relatives on weekends).
- keeping pets. - washing and drying laundry in the apartment.
- any hanging or taping of pictures, posters, etc.
- smoking is prohibited in the entire apartment complex (incl. apartments).
5.2 The lessor shall provide the tenant with the apartment and its inventory in a condition suitable for use in accordance with the contract. When the tenant moves in, she/he must check the inventory of all items in the apartment and their respective condition. If the tenant does not claim any defects within 2 days, she/he has acknowledged the proper condition of the apartment and the inventory belonging to it.
The following repairs will be at the expense of the tenant:
- all repairs and replacements that become necessary due to damage to the leased property by the tenant
- cleaning work that goes beyond the usual level of effort.
If damage occurs to a rented item or if it is in danger of being damaged (water, damage by natural forces, etc.), the tenant must notify the lessor immediately. If they omit or delay this notification, they shall be held liable for the resulting damage.
Appliances such as refrigerator, stove, Nespresso coffee machine, etc., must be handled according to the operating instructions. Except for urgent cases, all repairs are to be arranged by the lessor.
5.3 The commercial use of the apartment by the tenant is not permitted.
5.4 The tenant is obliged to be considerate towards the other guests (see house rules).
6. Arrival and departure times
The furnished apartments are ready for occupancy from 4:00 p.m. on the day of arrival and must be vacated by 10.00 a.m. on the day of departure.
7. Structural modifications
The tenant may not make any structural changes to furnished apartments.
8.1 The tenant is liable to Apartment House Bern for all damages and losses or other damages to the fur-nished apartment caused by themself or third parties. The tenant is advised to take out furniture and tenant's liability insurance to protect themselves against any claims from the lessor..
8.2 Apartment House Bern denies any liability for theft and damage to property brought in by the tenant or third parties. The insurance of items brought in by the tenant is the responsibility of the tenant.
8.3 Apartment House Bern is only liable for intentional or grossly negligent contractual or non-contractual damage and only for direct damage. Any further liability, in particular in the case of slight or moderate negligence or for indirect damage, such as lost profit specifically, is excluded.
9. Right of withdrawal from rental agreement
9.1 The lessor is entitled to withdraw from this rental agreement with immediate effect,
- if the tenant, despite prior written warning, continues to maintain the rented property in a deficient manner or otherwise allows it to become damaged,
- if the behavior of the tenant is in any way detrimental to the good reputation of the house, or allows the apartment to be used by third parties,
- if the following monthly amounts are not paid by the last day of the previous month,
- if such noise is made at night that fellow residents have to contact the police about it.
9.2 If the lessor withdraws from the contract without notice for one of these reasons, the tenant is liable for all damages (loss of rent, etc.). We reserve the right to assert further claims for damages. The tenant confirms she/he has read this contract and agrees to abide by it in all its parts. Amendments and sup-plements must be acknowledged by signatures of both parties.
9.3 Upon leaving the rented property, the tenant shall pay for any damage to walls, ceilings, furniture, linen and other equipment and their removal by companies designated by the lessor.
10. Termination and cancellation policy
10.1 Cancellations of the temporary booking or early departure must be communicated in writing to the concierge.
10.2 In case of cancellation or early departure, the following cancellation conditions apply:
- Up to 31 days and more before check-in free of charge
- 7-30 days before check-in 50% of the paid rent
- Less than 7 days before check-in 100% of the paid rent
10.3 For indefinite tenancies, 1 month's notice applies. Notice of cancellation must be submitted in writing to the concierge by the 20th of the month.
10.4 Apartment House Bern reserves the right to set individual cancellation conditions by contract.
11. Severability clause
Should individual provisions of these GTC be invalid, this shall not affect the validity of the remaining provi-sions. In such a case, the legally ineffective provision shall be replaced by a provision that is similar in spirit but effective.
12. Applicable law/jurisdiction
The parties agree that Bern shall be the place of jurisdiction for all disputes arising from this rental agreement. If the tenant enjoys diplomatic or consular privileges, she/he waives such privileges vis-à-vis the lessor and expressly submits to the Swiss courts and enforcement authorities with respect to this lease.
Bern, 01. July 2022