General Terms and Conditions Eggenberger & Haas GmbH

 

1 Subject of the contract

These General Terms and Conditions govern the legal relationship between Eggenberger & Haas Apartments (hereinafter referred to as E&H) and its customers (hereinafter referred to as guest/guests). The General Terms and Conditions (hereinafter referred to as GTC) apply to all offers and services of E&H, but in particular to the respective letting of an apartment of E&H.

1.1 Conclusion of the contract and acceptance of the GTC

By sending the electronic booking request or at the latest when receiving the written booking confirmation, the guest fully agrees to the GTC of E&H. The GTC are always available at http://www.eh-apartments.ch/ and are located 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 GTC at http://www.eh-apartments.ch/.

1.2 Number of Guests

A maximum of as many people may be accommodated in the booked apartment as indicated in the booking confirmation by E&H. EHA may at any time, in accordance with its tariffs, charge for additional guests accommodated and/or require immediate eviction of such additional accommodated guests.

1.3 Adjustment of booking

A booking adjustment, namely with regard to the arrival or departure date, length of stay, apartment type, additional services, is only valid with the consent of E&H and only with the issuance of a new booking confirmation by E&H.

1.4 General right of use apartment, adjoining rooms

In addition to the booked apartment, the guest has the right to use the adjoining rooms that are not designated as private (e.g. washroom or bicycle room). Parking is not available.

1.5 E&H

services included in the price
– Fully furnished apartment
– Free WiFi (Internet)
– Netflix account
– Sunrise TV subscription
– Self-service laundry room in the house
– All additional costs (including electricity, heating, hot and cold water)
– Final cleaning (according to Section 4.2)
– VAT (according to Section 3.7)
– Other customized services are available at extra cost and upon request

2 Start of contract, contract duration, extension and cancellation 

2.1 Start of contract

A booking is confirmed after E&H has issued the booking confirmation. For bookings of 31 nights or more, the guest is obliged to fill out and sign the reservation form that has been sent to him and send it back to EHA.

2.2 Contract duration

An apartment is available for the booked period of time. The period of time stated in the booking confirmation under “Booking duration” is decisive. The guest has no right to use the apartment beyond this period of time.

2.3 Extension

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 E&H’s cancellation deadlines in accordance with Section 2.4.

2.4 Cancellation

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. E&H accepts cancellations daily until 12:00 p.m. The cancellation is only valid with written confirmation from E&H.

Bookings of 31 nights or more

For bookings of 31 nights or more, booked nights can be canceled free of charge before or during the stay, subject to a fourteen-day cancellation period. E&H accepts cancellations daily until 12:00 p.m. The cancellation is only valid with written confirmation from E&H. Apart from that, free cancellations are not possible.

3 Invoices and payment

3.1 Guest’s obligation to pay and default

The guest is obliged to pay the prices for the overnight stays and the additional services listed in the booking confirmation or in the invoices in a timely manner. The amounts owed and the respective payment deadlines (due dates) can be found on the invoices that E&H sends to the guest by e-mail together with the booking confirmation. If the amounts owed, which are due before moving in, are not paid in good time within the payment period stated on the invoice, E&H is entitled to withdraw from the contract, i.e. to cancel the booking and to refuse the guest access to the apartment. In this case, any claims of the guest expire. If the guest does not pay a due invoice amount during a stay, he is in default from the payment date. E&H will ask the guest to transfer the amount owed within 5 days. If this period of grace is not observed, E&H is entitled to cancel the booking immediately, which means that the guest loses the right to live in the apartment and has to move out immediately (i.e. within one day).

3.2 Securing furniture and booking / authorization of credit card charge

E&H may require the guest to provide valid credit card details, pay a deposit and/or a copy of their passport as security.
For bookings of 31 nights or more, E&H requires the guest to transfer a deposit to the deposit account of E&H. The deposit amount and its due date can be found on the deposit invoice (“deposit invoice”). The deposit does not earn interest and will be refunded to the guest within 10 working days after moving out, provided that all bills have been paid and there is no damage when moving out. If the deposit is not paid, EHA is entitled to withdraw from the contract, to give 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 arrears or other costs (e.g. due to lost keys) will be deducted from the deposit.
For bookings of 1 to 30 nights where no deposit is required by E&H, the guest will be required to provide valid credit card details. E&H is entitled to charge accommodation costs/possibly to charge the guest’s credit card for the costs for additional services, damage to the inventory, furniture, apartment or building as well as arrears and other costs (e.g. due to lost keys). By providing their credit card details, the guest agrees that the relevant costs will be charged to their credit card.

3.3 Payment terms

The accommodation costs due and (for stays of 31 nights or more) and the deposit amount are to be paid to E&H in accordance with the payment deadlines stated 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 you move into the apartment.

Bookings of 31 nights or more

– The deposit is due 5 days after receipt of the «deposit invoice».
– The accommodation costs/possibly the costs for additional services for the first month (according to the invoice) are due 5 days before moving in.
– The accommodation costs/possibly the costs for additional services for the following months (according to the invoice) are due 5 days before the start of the next month.
– Any additional services booked will be invoiced separately at cost and are due according to the information on the invoice.

3.4 Payment Terms

Payments are always made in Swiss francs (CHF) and without bank charges or credit card deductions.

3.5 Payment Methods

For bookings made at http://www.eh-apartments.ch/, payment can only be made by credit card. For bookings made by email, all amounts due can be paid by bank transfer, debit or credit card or cash upon check-in. However, cash payment upon check-in is only possible if the guest provides their valid credit card details by email within the payment period.

3.6 Dunning fees and default interest

If the guest is in default of payment, E&H is entitled to charge reminder fees and default interest of 5% on all amounts owed.

3.7 Additional Services and VAT

Booked additional services are billed separately and at least monthly for stays of 31 nights or more. The legally owed value added tax is to be paid on all services. The currently legally owed value added tax of 3.7% is included in the accommodation and the included services, according to Section 1.5

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 vacated on time, an additional daily rate will be charged.

4.2 Return and final cleaning

The guest must leave the apartment in a tidy condition. If the condition of the apartment makes an above-average cleaning time necessary, the additional time will be billed and charged to the credit card provided or, for bookings of 31 nights or more, deducted directly from the deposit.

5 Authorities

With a booking period of 8 weeks or more, the guest is obliged to register with the relevant authorities in the city of St. Gallen (residents’ office, post office, etc.) within 14 days of moving in and to deregister there again when they move out.

6 Guest Liability

In the event of loss of keys and damage, loss or destruction of inventory, furniture, the apartment or the building by the guest or third parties, the guest is fully liable for any resulting damage. The guest is also liable for damages resulting from lack of care, smoking and misuse. Theft, intentional damage to property and other offenses in connection with accommodation in the E&H apartment will be reported immediately and E&H is entitled to cancel the booking without notice in this case.

7 Use

7.1 General

The guest undertakes to treat the apartment, the generally accessible rooms as well as the inventory, furniture and 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 a private living space).

7.2 Pets

Pets are not permitted without written permission from E&H.

7.3 Construction, repair and maintenance

No structural changes may be made in the apartment or in the generally accessible rooms.

7.4 Use and Sublease

The guest is not permitted to sublet the apartment to third parties or to let third parties use it. It is not permitted to conduct business in the apartments. In the event of a violation of guest rights and the obligations mentioned in these GTC, E&H has the right to cancel the booking immediately or to dissolve an existing contractual relationship without notice and to have the guest expelled without further notice if he refuses to move out immediately.

8 Mail and internet usage

8.1 Post

E&H guests are instructed to give postal deliverers the following letter and parcel address. First name Surname c/o, Apt. No. xy, street no., zip code location. If addressed to a different address, postal delivery cannot be guaranteed.

8.2 Internet use

E&H assumes no liability for damage arising from internet use (spam, viruses, failures or disruptions in the internet connection, etc.). The guest is not entitled to a refund. Internet disruptions should be reported to E&H during office hours. The guest is obliged to protect his own devices against malware in order to prevent spam or viruses from being sent via the E&H network. E&H has the right to exclude a guest from the network at any time. The guest acknowledges that E&H is obliged to record actions on the Internet.

9 House Rules

9.1 General Rooms

When using the general adjoining rooms (e.g. washroom), the stairwell and all corridors, the guest must take the needs of the other guests into account and must keep them clean. Storing personal items in these rooms is prohibited, as they will block the way in an emergency/fire and impede evacuation (e.g. bicycles in the stairwell).

9.2 Garbage

Garbage must be disposed of in a closed garbage bag in the recycling station provided by E&H in the service room.

9.3 Quiet at night

From 10:00 p.m. to 7:00 a.m. the room volume must be kept to a minimum in all apartments.

9.4 Smoking ban

Smoking is prohibited in the apartments as well as in all other areas.

9.5 Fire/Emergency Exits

In the event of a fire, use the signposted emergency exits in the stairwell.

9.6 Grilling

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 E&H have the necessary keys. The guest is not permitted to deny E&H employees access to the apartment.

11 Emergencies

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. E&H can be reached on +4179 353 65 99 for technical emergencies. Repairs are normally carried out Monday to Friday from 08.00 to 17.00 depending on the urgency. For special operations, which the guest causes (e.g. lost keys), the guest must make an effort himself. If a service is provided by E&H in such a case, the guest will be charged a processing fee depending on the effort involved.

12 Disclaimer and Insurance

 
12.1 Disclaimer

E&H accepts no liability for the following damage:
– Any damage caused by the guest.
– Personal injury caused by the use of the apartment or the inventory (e.g. by using the kitchen equipment, such as knives),
– Damage due to disruptions as a result of force majeure, strikes, etc.,
– damage due to disruptions and interruptions in the Internet connection,
– Damage to and/or loss of the guest’s personal belongings and furniture (luggage, clothing, valuables, furniture, vehicles, etc.) housed in the apartment or in/around the building.

12.2 Insurance

The guest and his personal belongings are not insured by the EHA from the risks of the accommodation (e.g. accident, illness, theft, water and fire). Private liability insurance is the responsibility of the guest and is mandatory.

13 Privacy Policy

E&H is entitled to collect, process and use personal data insofar as this is required for smooth operations. The data is only stored and transmitted to third parties if this is necessary. The guest agrees to this.

14 Severability Clause

Should individual provisions of these General 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 GTC can be made by E&H at any time without prior notice.

16 Communication/Writing

All communication from E&H (including booking confirmation, invoices, etc.) takes place by 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 to be valid. E-mails meet the written form requirement.

17 Governing Law and Venue

The contract is exclusively subject to Swiss law. The place of jurisdiction for any disputes arising is the competent courts at the respective location of the apartments.

Au SG, June 2021