General conditions

Introduction

These Standard Contract Terms are an integral component of the agreement between you and Espace vacances. We recommend that you study the following standard terms of business carefully.

2. Reservation and conclusion of agreement

On receipt of your verbal or written (incl. e-mail) reservation you are entering into an agreement with and Espace vacances. From that point on, the rights and obligations under this agreement, together with the present terms of business, will apply to you and to Espace vacances. You will receive an immediate confirmation of your reservation. By your payment you accept the terms of the agreement based on the reservation confirmation. If an initial payment is not made wpithin 7 days from receipt of the reservation confirmation, Espace vacances is free to dispose of the reserved property. Any special requirements that you may have can only be accepted as a request without obligation. There is no legal right for this requirement to be met, unless Espace vacances has confirmed this in writing. If the rental amount is not paid at the proper time in accordance with the terms listed under subsection 3.3 below, and Espace vacances may refuse the services.

3. Prices

3.1 Rental prices

Unless otherwise stated, the published prices are weekly prices for the wholerental property in the corresponding price period. The published prices apply until the website is updated. Subject to paragraph 3.5 (Price changes) the prices valid at the time of booking are applicable. Special promotions do not always apply to all apartments of the same type. Any additional services required by the customer are not included in the rental price and are payable on site. The minimum rental period is generally 7 days, and arrival and departure dates are Saturdays. Exceptions are only possible with the written confirmation of our agency. Any visitors’ taxes are payable on site.

3.2 Booking fee

Espace vacances charges CHF 35.- as booking or handling fee for each reservation. If you cancel your booking this fee could be paid.

3.3 Payments

The rental amount for the booked rental property is payable before departure, as follows:

• 30% of the rental amount for the reserved rental property must be paid within 7 days after reservation.
• The balance must be paid to Espace vacances not less than 30 days before the rental is due to commence.
• In the case of short notice reservations of less than 14 days before commencement of the rental, the full rental price is due immediately upon reservation and must be paid to Espace vacances. If payment of the balance or the full rental amount, in the case of short notice bookings, is not made at the proper time, Espace vacances may refuse the services.

3.4 Cancellation costs

In the event of cancellation on your part or inability to travel, we will charge you with the following cancellation fees:

• up to 61 days before commencement of rental, 0% of the invoice amount
• 60 to 31 days before commencement of the rental, 50% of the invoice amount
• 30 days before commencement of the rental and on the day of travel, the full invoice amount is payable.

The reference date is the date of receipt of your notification by our agency.

3.5 Price changes

Every care has been taken with the property specifications and price calculations. However we cannot exclude the possibility of changes to services and/or prices. You will be notified of any such changes when you make your booking, or not later than when the booking confirmation is sent. The details on the reservation confirmation are definitive. It is unlikely that there will be any changes to services after conclusion of the agreement, but this possibility cannot be entirely ruled out.

If there is a significant change to a material item in the agreement, you have the right to withdraw from the agreement free of charge within five days of receipt of the notification. Payments already made will be reimbursed immediately. We expressly reserve the right to amend prices up to 21 days before commencement of the rental on the following grounds: increase or introduction of duties and taxes on certain services, changes in exchange rates after conclusion of the agreement. If the prices change by more than 10%, you have the same rights as under the foregoing paragraph.

4. Travel to and from your destination; shortening or extension of stay

Once the final payment has been made, you will receive a voucher that shows you as the authorised tenant of the booked rental property. You should hand this voucher over us on arrival. You should arrive according to the instructions in the travel documents, generally between 16.00 and 19.00, and depart before 10.00. If you intend to arrive later than 19.00, we must be notified in good time. If you are unable to occupy the property as agreed, e.g. as a result of traffic delays, strikes etc., or for personal reasons, the full rental price will remain payable. This will also apply if you leave the property early. If you wish to extend your stay, please discuss this in good time with the booking agent.

5. Substitute rental property and cancellation of the agreement by Espace vacances

Espace vacances may allocate you an equivalent substitute rental property where this is necessitated by unforeseen or unavoidable circumstances. Espace vacances is entitled to cancel the agreement before or during the rental period if unforeseeable or unavoidable circumstances arise that make the hand over of the rental property impossible, endanger the renter or the property or impair the provision of services to such an extent that it becomes unreasonable to fulfil the agreement. Payments already made will re refunded, subject as necessary to deduction for services provided. Espace vacances is not liable to pay any compensation in any of the instances mentioned under section 5 below.

6. Deposit

On receiving the key, a deposit must be paid. The amount of the deposit are specified in your travel documents. If the deposit is not paid, handover of the property may be refused.

7. Occupation

The rental property may only be occupied by the scheduled number of persons (children and infants included). Extra persons may be refused entry or invoiced separately.

8. Other obligations of the renter

The rental property must be looked after carefully. Consideration should also be given to neighbours etc. Cleaning of cooking facilities, crockery and cutlery is the responsibility of the renter (and is not included in the final cleaning). Damage caused by the renter or other users must be reported immediately to our agency. The renter is liable for any loss or damage caused by him/ her or by other users, unless they can prove that they are not responsible. The same applies if the apartment cannot be handed over to the next renter. Any loss or damage may be deducted from the deposit.

9. Complaints, claims for compensation

If the condition of the property is not in accordance with the agreement, or if you suffer an injury, damage or loss, this must be notified immediately to our agency. If the latter is unable to rectify the defect within a useful period, we must be informed. If defects that are not hidden are not notified immediately on commencement of the rental period, it will be assumed that the property is free of any defects. If defects arise during the rental period, the same rules will apply. Any claims must be notified to our agency in writing within four weeks of the end of the contractual rental period and the necessary evidence provided (photographs, etc.). If you fail to comply with the above rules, you will forfeit all rights to compensation.

10. Liability of Espace vacances

Should the rental property not be in accordance with the agreement, Espace vacances will make every effort to make an equivalent substitute property available to you. If this is not possible within a useful period of time, or if you refuse this on objectively material grounds, Espace vacances will reimburse you for any reduction in value if Espace vacances accepts that it is at fault. If you incur any loss or damage as the result of a breach of the agreement caused by the negligence of Espace vacances, Espace vacances will accept liability. Statutory liability for other than personal loss or damage (e.g. material and pecuniary loss) is limited to the rental price (whereby claims of all persons involved will be paid together). Should international conventions or national laws become applicable to the ser vices of Espace vacances that further limit or exclude liability, these conventions or laws will apply. Espace vacances will not be liable if the loss or damage is attributable to the following causes:

• Actions or omissions on your part or on the part of a joint user;
• Unforeseeable or unavoidable omissions by third parties who are not involved in providing the services covered by the agreement;
• Force majeure or events that Espace vacances, the agent or support staff (e.g. key holders), despite having taken all due care, could not have foreseen or avoided.
• Use of swimming pools, children’s play areas, sports facilities of all kinds (such as tennis courts, football pitches, training facilities). The use of these facilities is at your own risk.
• Damage and losses as a result of burglary. These terms and conditions apply equally to extra-contractual liability. Liability for support staff is expressly excluded. International conventions and national laws with more extensive liability restrictions or exclusions take precedence.

11. Insurance

We recommend that you take out travel insurance and third party liability insurance before you travel, unless you have already taken out corresponding insurance policies with the appropriate cover.

12. Statutory period

Compensation claims against Espace vacances, contractual claims reserved, are statute barred within one year. The statutory period begins on the day following the end of the rental period.

13. Applicable law and place of jurisdiction

The relationship between you and Espace vacances is subject to the laws of Switzerland. The customer may only file suit against Espace vacances in Nendaz. Espace vacances may take legal action against the customer at the place where the customer lives or in Nendaz.