1. Conclusion of Contract / Terms of Payment
FWL GmbH (the “agent” or “FWL”) is an agent which offers online bookings of vacation rental properties on behalf of third parties. The contract between you (“you” or the “tenant”) and the agent is considered concluded with the dispatch of the booking confirmation.
If payment does not reach the agent by the agreed date, the agent can rent out the property to another party without further notice or liability to pay compensation to the tenant. A provisional booking is not a confirmed booking. Prices are subject to change until a booking is formally confirmed.
2. Additional Costs
Electricity, gas, water and heating are generally included in the rental price. Visitor's tax, cleaning, bed linens, booking fee and fees for pets, baby beds and high chairs are not included in the rental price. These costs are shown separately on the invoice and must be paid prior to the start of the rental.
We reserve the right to make price adjustments as a result of changes in government taxes. If there are changes to the booking after the confirmation, additional costs will be charged accordingly.
Incidental expenses not included in the rental price will be invoiced at the end of the rental period and must be paid before departure.
3. Towels and Parking
Bath towels, kitchen towels, beach towels and bath soap are not provided. Tenant should bring their own towels and soap. Fuel for fireplaces or wood burners is not provided.
Parking is not included unless expressly stated in the listing and payment confirmation document.
4. Delivery of the Rental Property / Complaints
The rental property will be available from 16:00 onwards on the agreed upon arrival date. If you plan to arrive late, please notify the agent in advance. Departure time is by 10:00 on the agreed upon departure date so that we can prepare the rental property for the next tenant.
The rental property is handed over to the tenant in a clean condition. Complaints regarding cleaning must be made before 9:00 on the day after arrival via email including a minimum of 3 photos, otherwise the rental property shall be deemed to have been handed over in good condition.
5. Liability of the Tenant / Careful Use / Own Risk
The tenant undertakes to use the rental property and any available shared-use property with care, to observe the house rules and to show consideration for other residents and neighbors.
The rental property may only be occupied by the number of persons provided for in the reservation. Children are considered adults in this context. Subletting is not allowed. Domestic animals are only allowed in those rental properties where explicitly indicated, and subject to payment of pet fees.
The tenant is responsible for ensuring that the co-tenants comply with the obligations of this contract. The agent reserves the right to refuse admission or entry to the rental property to all or any persons, and may require all or any persons to leave the rental property, without compensation or refund, if: 1) the tenant or co-tenants violate the obligations of careful use, 2) if the apartment is occupied by more than the number of persons specified in the contract, or 3) in other cases of a material breach of the contract. This includes persons who cause a nuisance or damage to the rental property or conduct themselves in an offensive or disorderly manner.
The rental property is to be returned in due time in an orderly condition with complete inventory. The tenant is liable to pay compensation for all damages and missing inventory. In the event of damage which is caused by the tenant, co-tenants or tenant’s guests, the agent’s representative must be notified immediately. Damage discovered after departure can be charged to the tenant. FWL reserves the right to make a claim against the tenant’s liability insurance, and / or request credit card details of tenants to cover any damages caused by the tenant to the rental property.
The use of swimming pools or other facilities and equipment by the tenant, co-tenants, their children or guests is at the tenant’s sole risk. The tenant exempts FWL and the owner of the rental property from all claims that should occur due to accidents in the rental property or its surroundings. The use of the rental property is at the tenant’s own risk.
If the rental property offers wifi, the access data may not be passed on to third parties. The agent or landlord reserves the right to block certain pages. The tenant has to pay the costs when using paid services. The tenant is prohibited from using, making accessible or distributing illegal content. Furthermore, the tenant may not use the wifi to send spam and shall comply with the regulations for the protection of minors. The tenant shall indemnify the agent and landlord against all damage to third parties caused by the inappropriate or illegal use of the wifi by the tenant, co-tenants, their children or guests.
The agent or its representative is allowed to access the rental property at any reasonable time during occupancy given earlier prior notification to the tenant. The rental property and its use are subject to the conditions and regulations of the respective local laws.
6. Cancellation / Changes of a Rental Contract
If a tenant wishes to make a change to their arrival or departure date after the booking has been confirmed, this is only possible subject to availability and any differences in daily rates. Additional costs will be charged accordingly.
The tenant can withdraw from the contract under the following conditions: from the date of booking until 60 days before arrival, a cancellation processing fee of CHF 180.00 is due. For cancellations from 60 to 41 days before arrival 30% of the total contract price (incl. additional costs) will be charged, 40 to 0 days before agreed upon arrival the total contract price is due.
For purposes of documentation and to prevent any misunderstandings, we recommend that you communicate cancellations, rebooking requests and modifications in written form. Decisive for the calculation of the cancellation fee is the date of receipt of the notification by the agent (for Saturdays, Sundays and public holidays the next working day applies).
No refunds will be given for the tenant’s failure to arrive on the agreed arrival date, no show, or for early departure. Depending upon the reason for the no show or early termination of the contract, the tenant may be entitled to claims from their travel cancellation insurance. The tenant is strongly encouraged to take out travel cancellation insurance. FWL is not responsible for any costs which are not insured.
For general modifications to the contract (e.g. the number of persons travelling), an administrative fee will be charged. The contract is not assignable to third parties.
7. Events Outside Our Control / Force Majeure
FWL assumes no liability for events beyond their control. Some examples of this include, but are not limited to pandemics, restrictions on travel, environmental catastrophes, natural disasters, strikes, political unrest, official measures, sale or withdrawal of the rental property, power outages, lack of water supply, closed roads, noise from construction work, road or train noise, wifi not working, etc. In the case of such events beyond our control, the tenant has no right to a reduction in the rent, termination of the contract, or compensation.
In situations where the rental property cannot be offered for occupancy, if another property is available, the agent may offer (but is not obligated to offer) the tenant a replacement property, excluding tenant claims for compensation. If a replacement property cannot be provided, or cannot be provided for the full length of the stay, the amount paid or a corresponding portion will be reimbursed to the exclusion of further claims. The liability of the agent is limited to, and cannot exceed, the amount paid by the tenant.
The agent is responsible for a proper reservation and fulfillment of the contract in accordance with the contract. In the case of other than personal injury, liability is limited to the amount paid by the tenant, except in the case of gross negligence or intent. Tenant claims are not assignable, and are barred 12 months beyond the date of the end of the tenancy provided for in the contract, whatever the legal foundations are, with the exception of claims resulting from unlawful acts. The liability is excluded for negligence on the part of the tenant, tenant’s children or tenant’s guests or co-tenants, unforeseeable or unavoidable omissions of third parties, force majeure or events which the landlord, key holder, agent or other persons called in by the landlord could not foresee or avert despite due care. The tenant is liable for all damages caused by tenant, tenant’s children or tenant’s guests or co-tenants, fault is presumed.
9. Final Provisions
Reasonable effort has been made to ensure that information provided on the website and in the booking materials is correct at the time of publication or at the time of inspection of the rental property. and that all statements made by representatives or employees of the agent are made in good faith. The agent can not be held liable for minor changes.
Swiss law applies exclusively. 6900 Lugano is agreed as place of jurisdiction. In all other respects the provisions of the Swiss Code of Obligations shall apply.
If any provision is invalid or unenforceable, the remaining provisions shall remain in force and effect Any invalid provision shall be replaced by a valid provision, the effect of which is the closest possible to the intended purpose and effect of the invalid or unenforceable provision.
The tenant accepts these general terms and conditions.