1 subject matter of the contract
The present general terms and conditions regulate the legal relationships
between Eggenberger & Haas Apartments (hereinafter referred to as
E&H) and their customers (hereinafter referred to as guest / guests).
The General Terms and Conditions (hereinafter referred to as GTC) apply to
all offers and services from E & H, but in particular to the rental of
an apartment from E & H.
1.1 Conclusion of a contract and adoption of the terms and conditions
By sending the electronic booking request or, at the latest, upon receipt of
the written booking confirmation, the guest declares that he fully agrees to
the terms and conditions of E & H. The terms and conditions are
available at any time at
and are available in all E & H apartments on. In addition, all documents
sent by E&H, namely booking confirmations and reservation forms, contain
a direct link to the current version of the terms and conditions at
1.2 Number of guests
A maximum of as many people can be accommodated in the booked apartment as
stated in the booking confirmation by E&H. In accordance with its
tariffs, the EHA can at any time charge additional costs for additionally
accommodated guests and / or request the immediate eviction of these
additionally accommodated guests.
1.3 Adjustment of the booking
A booking adjustment, namely with regard to arrival or departure date,
length of stay, type of apartment, additional services, is only valid with
the consent of E & H and only with the issue of a new booking
confirmation by E & H.
1.4 General right of use apartment, adjoining rooms
The guest has the right to use the ancillary rooms not designated as private
(e.g. washroom or bicycle room) in addition to the booked apartment. Parking
spaces are not available.
1.5 E & H services included in the price
– Fully furnished apartment
– Free WiFi (Internet)
– Sunrise TV subscription
– Self-service laundry room in
– All Additional costs (including electricity, heating, hot
and cold water)
– Final cleaning (in accordance with Section 4.2)
– Value added tax (in accordance with Section 3.7)
individual services are available at an additional cost and on Request
2 Start of contract, contract duration, extension and cancellation
2.1 Start of contract
A booking is confirmed by E&H after the booking confirmation has been
issued. For bookings of 31 nights or more, the guest is obliged to fill out
the reservation form sent, sign it and return it to the EHA.
2.2 Contract period
An apartment is available for the period of time booked. The decisive factor
is the period of time noted in the booking confirmation under “Booking
duration”. The guest has no right to use the apartment beyond this period.
The guest cannot shorten or extend a booking made. However, he is free to
book the apartment for any length of time – also for an unlimited period –
and to cancel the nights already booked in good time free of charge in
accordance with the cancellation deadlines of E & H, in accordance with
Bookings from 1 to 30 nights
For bookings of 1 to 30 nights, free cancellations of booked nights are
possible before or during the stay, subject to a ten-day cancellation
period. Cancellations are accepted by the E & H every day until 12 noon.
The cancellation is only valid with written confirmation from the E & H.
Bookings from 31 nights
For bookings of 31 nights or more, free cancellations of booked nights are
possible before or during the stay, subject to a fourteen-day cancellation
period. Cancellations are accepted by the E & H every day until 12 noon.
The cancellation is only valid with written confirmation from E&H. Apart
from that, no free cancellations are possible.
3 Invoices and Payment
3.1 Guest’s obligation to pay and default
The guest is obliged to pay the prices for overnight stays and additional
services listed in the booking confirmation or in the invoices in due time.
The high of Amounts owed and the respective payment deadlines (due dates)
can be found in the invoices which are sent to the guest by E & H
together with the booking confirmation. If the amounts owed, which are due
before moving in, are not paid on time within the payment deadline specified
on the invoice, E & H is entitled to withdraw from the contract, i.e. to
cancel the booking and refuse the guest access to the apartment. In this
case all claims of the guest expire. If the guest does not pay a due invoice
amount during a stay, he is in arrears from the payment date. The E&H
will ask the guest to transfer the amount owed within 5 days. If this grace
period is not adhered to, E & H is entitled to cancel the booking
immediately, whereby the guest loses the right to live in the apartment and
he must move out immediately (i.e. within one day).
3.2 Securing furniture and booking / authorization of credit card debits
E & H can require the guest to provide valid credit card details, pay a
deposit and / or copy a passport as security.
For bookings of 31 nights or more , E & H requires transfer a deposit from the guest to the E & H
deposit account. The deposit amount and its due date can be found in the
deposit invoice (“deposit invoice”). Interest is not paid on the deposit
and, provided all bills have been paid and there is no damage when moving
out, will be refunded to the guest within 10 working days of moving out. If
the deposit is not paid, EHA is entitled to withdraw from the contract, to
assign the property to someone else and to demand a cancellation or
processing fee from the defaulting guest. Any damage to the inventory,
furniture, apartment or building as well as payment arrears or other costs
(e.g. due to lost keys) will be deducted from the deposit.
For bookings of 1 to 30 nights,
for those of the E & H no deposit is required, the guest is required to
provide valid credit card details. The E & H is entitled to charge
accommodation costs / if necessary. to debit the costs for additional
services, damage to inventory, furniture, apartment or building as well as
payment arrears and other costs (e.g. due to lost keys) to the guest’s
credit card. By providing their credit card details, the guest agrees that
the corresponding costs will be charged to his credit card.
3.3 Payment deadlines
The overnight accommodation costs due as well as (for stays of 31 nights or
more) and the deposit amount are to be paid in accordance with the payment
deadlines of E & H noted on the invoice. The following due dates apply:
Bookings from 1 to 30 nights
The total accommodation costs are due 5 days after receipt of the booking
confirmation / invoice or, in the case of short-term bookings, at the latest
when moving into the apartment.
Bookings from 31 nights
– The deposit is due 5 days after receipt of the «deposit invoice».
The accommodation costs / if applicable. the costs for additional services
for the first month (according to the invoice) are due 5 days before moving
– The accommodation costs / if applicable the costs for additional
services in the following months (according to the invoice) are due 5 days
before the beginning of the respective next month.
services booked will be billed separately according to expenditure and are
due as stated in the invoice.
3.4 Terms of payment
Payments are always made in Swiss francs (CHF) and without bank charges or
credit card deductions.
3.5 Payment Methods
For bookings under
only payment by credit card is possible. When booking by email, all amounts
owed can be paid by bank transfer, debit or credit card or in cash at
check-in. Cash payment at check-in is only possible if the guest provides
his valid credit card details by email within the payment deadline.
3.6 Reminder fees and default interest
E & H is entitled to charge reminder fees and default interest of 5% on
all amounts owed if the guest is in default of payment.
3.7 Additional services and VAT
Any additional services booked will be billed separately and at least once a
month for stays of 31 nights or more. The legally owed VAT is payable on all
services. In the accommodations and the included services, according to
section 1.5, this is currently due by law ete VAT of 3.7% included
4 Moving in (check-in) and moving out (check-out)
4.1 Check-in / Check-out
Unless otherwise agreed with E & H, the apartment can be occupied and
returned as follows: Move in from 2 p.m., move out by 10 a.m. If the
apartment is not left on time, an additional daily rate will be charged.
4.2 Return and final cleaning
The guest has to leave the apartment in an orderly condition. If the
condition of the apartment requires an above-average cleaning time, the
additional time will be billed and charged to the specified credit card or,
for bookings of 31 nights or more, offset directly against the deposit.
With a booking duration of 8 weeks or more, the guest is obliged to register
with the relevant competent authorities of the city of St. Gallen
(residents’ office, post office etc.) within 14 days of moving in and to
de-register there when moving out.
6 Liability of the guest
In the event of loss of keys and damage, loss or destruction of the
inventory, furniture, apartment or building by the guest or by third
parties, the guest is fully responsible for any resulting damage. The guest
is also liable for damage resulting from lack of care, smoking and improper
use. Theft, willful damage to property and other offenses in connection with
accommodation in the E & H apartment will be reported immediately and in
this case E & H is entitled to cancel the booking without notice.
The guest undertakes to treat the apartment, the generally accessible rooms
as well as the inventory, the furniture and the equipment with the greatest
possible care. The instructions for use for the devices (e.g. washing
machine) must be followed. The apartment is only to be used for the intended
purpose (as private living space).
Pets are not allowed without written approval from the E&H.
7.3 Construction, repair and maintenance
No structural changes may be made in the apartment or in the generally
7.4 Use and sublease
The guest is not permitted to sublet the apartment to third parties or to
give it to third parties. It is not permitted to conduct business in the
apartments. In the event of a violation of the hospitality law and the
obligations mentioned in these terms and conditions, the E & H has the
right to immediately cancel the booking or to dissolve an existing
contractual relationship without notice and, if the guest refuses to move
out immediately, to have the guest deported without further notice. </ P
8 Post and internet usage
The guests of E & H are instructed to give postal deliverers the
following letter and parcel address. First name, last name c / o, apt. No.
xy, street no., Zip code, city. If the address is sent to a different
address, delivery by Swiss Post cannot be guaranteed.
8.2 Internet usage
E & H assumes no liability for damage resulting from internet use (spam,
viruses, failures or disruptions in the internet connection, etc.). The
guest is not entitled to a refund. Internet disruptions must be reported to
E&H during office hours. The guest is obliged to protect his own devices
from malware in order to prevent spam or viruses from being sent over the
E&H network. The E&H has the right to exclude a guest from the
network at any time. The guest acknowledges that the E&H is obliged to
record actions on the Internet.
9 House rules
9.1 General rooms
When using the general ancillary rooms (e.g. washroom), the stairwell and
all corridors, the guest must take the needs of the other guests into
consideration and must keep them clean. It is forbidden to store personal
items in these rooms, as these block the way in the event of an emergency /
fire and impede evacuation (e.g. bicycles in the stairwell).
The rubbish must be disposed of in a closed rubbish bag in the recycling
station provided by E & H in the service room.
9.3 Night’s rest
The volume in all apartments must be kept to a minimum between 10 p.m. and 7
9.4 Smoking ban
Smoking is prohibited in the apartments as well as in all other rooms.
9.5 Fire / Emergency Exits
In the event of a fire, the signposted emergency exits in the stairwell are
to be used.
Grilling on the balconies / terraces is prohibited.
10 access rights
All E&H staff are entitled to enter the apartments at any time without
giving reasons. The guest is aware that the employees of the E&H have
the necessary keys. The guest is not permitted to deny E&H employees
access to the apartment.
In the event of health emergencies or threats, the police (117), the local
emergency doctor, the ambulance service (144) or the international emergency
number (112) must be called directly. For technical emergencies, E&H can
be reached on +4179 353 65 99. Repairs are usually carried out Monday to
Friday from 8 a.m. to 5 p.m., depending on urgency. The guest must take care
of special operations caused by the guest (e.g. lost keys). If a service is
provided by E & H in such a case, a processing fee will be charged to
the guest depending on the effort.
12 Disclaimer and Insurance
E & H assumes no liability for the following damage:
– Any damage
caused by the guest.
– Personal injury resulting from the use of the
apartment or the inventory (e.g. use of the kitchen equipment, such as
– damage due to disruptions due to force majeure, strikes
– damage due to disruptions and interruptions in the internet
– damage to and / or loss of personal items and furniture
of the guest (luggage, clothing, valuables, furniture, vehicles, etc.) that
are housed in the apartment or in / around the building.
The guest and his personal belongings are not insured by the EHA for the
risks of the accommodation (e.g. accident, illness, theft, water and fire).
Private liability insurance is the responsibility of the guest and is
13 Data protection
E & H is entitled to collect, process and use personal data insofar as
this is necessary for smooth operations. The data is only saved and
transmitted to third parties if this is necessary. The guest agrees to this.
14 Severability Clause
Should individual provisions of these terms and conditions be ineffective,
the remaining provisions shall remain unaffected. The parties will then
endeavor to find a permissible provision that comes as close as possible to
the intended regulation.
15 Changes and additions to the GTC
Changes or additions to the terms and conditions can be made by the E &
H at any time without prior notice.
16 Communication / written form
All communication by E & H (including booking confirmation, invoices,
etc.) takes place via email. The booking confirmation issued by the EHA
contains all the agreements made regarding a booking. Any change or addition
to the same must be made in writing in order to be valid. E-mails meet the
17 Applicable law and place of jurisdiction
The contract is exclusively subject to Swiss law. The place of jurisdiction
for any disputes is the competent courts at the respective location of the
Au SG, June 2021