Terms & Conditions | Bijou Ladir

General Terms and Conditions

Scope

These General Terms and Conditions (GTC) govern the contractual relationship between you (hereinafter the “Guest”) and Bijou Ladir, Barbara Wolf, Via Runsch 130, 7155 Ladir, Switzerland (hereinafter “Bijou Ladir”) for the rental of the Bijou Ladir Holiday Apartment via the website / online booking platform www.bijouladir.com, and for direct bookings (by telephone and email) sent to vermietung@bijouladir.com, an alternative email address, or by telephone on +41 81 530 0129. Only persons aged 18 or older are entitled to make bookings.

Conclusion of contract

By completing the online booking on our website or by making a direct booking, you expressly acknowledge these general contract terms on behalf of yourself and all persons and family members registered with you. From this moment the conditions described below apply to you. Receipt of the booking request on our web portal is confirmed online immediately after the booking. For direct bookings you receive a separate confirmation by email. The contract comes into existence upon delivery of the booking confirmation / online confirmation. If the booking confirmation differs from the service or property description on the website, you acknowledge conclusion of the contract by express declaration with payment or by taking up the stay. With the conclusion of the contract you are responsible for all participants listed in the booking as well as for your own obligations. “Bijou Ladir” may refuse the acceptance of booking requests without giving reasons, or reject an accepted booking request without giving reasons. Any payments already made will be refunded.

Rental prices and incidental costs

The rental price and the other costs for final cleaning, linen packages and visitor’s tax are set out in the booking confirmation. VAT is included in the stated prices / costs. Renters wishing to bring their own linen / towels is only possible for small children / babies (with a cot) and after prior consultation with “Bijou Ladir”. Consumption-based incidental costs (for example coffee capsules, tea) are generally not included in the rental price and are explicitly marked as such in the apartment. Unless the booking confirmation states otherwise, these are to be paid on departure on-site to the landlord. Unpaid or underpaid amounts will be charged subsequently together with any applicable processing fee. Other incidental costs are included in the rental price.

Payment

With conclusion of the contract, payment of the full rental price including all additional services (cleaning, linen, visitor’s tax), as displayed online before conclusion of the contract, becomes due. For payments via the online booking platform using the credit card option, booking is processed automatically without booking fees. For the invoice option on the online booking platform and for direct bookings, you receive a booking confirmation with the corresponding payment due date (depending on how close your stay is). A definitive reservation of the holiday apartment only takes place upon full payment within the specified payment deadline. In the case of late payment receipt, “Bijou Ladir” may cancel the booked stay at your expense and demand the corresponding cancellation fee as compensation.

Cancellation fees

If you withdraw from the contract, or if you or a substitute participant do not take up the stay, “Bijou Ladir” levies the following cancellation fees:

0–30 days before start of stay: 100% of the rental price
31–60 days before start of stay: 35% of the rental price, minimum CHF 100.00
for cancellations up to 61 days before start of stay: no cancellation fees

The declaration of withdrawal takes effect on the day it reaches “Bijou Ladir”. If the property is taken over late, the full invoice amount remains owed. In the case of a cancellation, any payment already made will be refunded to you, less the cancellation fee, within 30 days at the latest.

Services

The contractual service covers provision of the booked property in the condition described in the property description on the website / internet and any restrictive or supplementary notes and agreements. Excluded from the service are all circumstances not directly related to the property and the contractual services, in particular the surroundings of the property and local conditions of the holiday location. Special requests, conditional bookings or verbal side agreements are only valid if confirmed by “Bijou Ladir” in writing, by email or SMS.

Guest obligations

The stated arrival and departure dates are binding. Arrival is generally at 16:00 and departure at 10:00. Any deviations from arrival and departure times can be agreed with the landlord, insofar as the guest changeover allows. There is no entitlement to handover of keys and takeover of the property on arrival day in the case of late arrival.

You may use the holiday property including furniture and items of daily use. You undertake to treat the dwelling unit and its inventory and any communal facilities with the utmost care and to show consideration for neighbours. Damage caused during the stay through your fault or the fault of your companions must be reported and compensated without delay.

The “Guest” and companions are obliged to observe the safety regulations and parking rules per the landlord’s instructions. Children must be supervised on the terrace. Covid rules must be observed. In the event of Covid symptoms of the guest and/or companions on arrival or during the stay, the landlord must be notified without delay. The safety regulations and instructions in the information folder, which is available in the apartment, must be observed.

The holiday properties may only be occupied by the number of persons specified in the booking, and a maximum of 4 persons. Children from 2 years count as full persons. Bringing a pet is generally not permitted. In exceptional cases, and against an additional fee and a damage deposit, the landlord may allow pets. Written consent from the landlord is required. Smoking in the apartment and in the building is not permitted. “Bijou Ladir” may require an appropriate deposit on handover of the keys. Unless the travel confirmation states otherwise, this may be deposited in cash or by credit card on arrival. Any deposit — less incidental costs incurred and damage — will be refunded on departure. Repayment does not affect any further claims for damages by the owner and in particular does not constitute any waiver of claims for damages.

Before departure you must carry out a basic cleaning — in particular cleaning the kitchen fittings, the barbecue grill, the dishes and cutlery. Unless otherwise agreed, you are responsible for the thorough, broom-clean basic cleaning of the holiday property including the entire furnishings. This also includes disposal of waste. In the case of omitted or inadequate basic cleaning, you will be charged a flat fee of CHF 100 or the actual additional expense for the subsequent final cleaning, either directly on-site against the deposit left, or invoiced retrospectively.

Withdrawal from or termination of the contract

“Bijou Ladir” may withdraw from the contract before the start of the trip without observing a deadline, or terminate the contract after the start of the trip:

if the guest and/or companions persistently disrupt the stay despite a corresponding warning, behave in breach of contract, hold parties, disturb peace and neighbours through their behaviour, endanger others or otherwise behave in a manner so contrary to the contract that immediate termination of the contract is justified;
if unforeseeable or unavoidable circumstances make the handover of the rental property impossible, endanger the tenants or the property, or impair performance to such an extent that fulfilment of the contract is no longer reasonable.

If “Bijou Ladir” terminates the travel contract under point 1, the entire rental price including additional costs is forfeited. If “Bijou Ladir” withdraws from the contract before the start of the trip under point 2, all amounts already paid will be refunded without delay; any further claims are expressly excluded. If “Bijou Ladir” withdraws from the contract after the start of the trip, you receive the portion of the travel price that corresponds to the expenses saved by “Bijou Ladir”. In none of these cases is “Bijou Ladir” liable for damages or obliged to find or allocate a replacement property for the “Guest”.

Complaints

The “Guest” is obliged to report any defects to “Bijou Ladir” without delay and to demand remedy. If a remedy on-site is not possible, you must notify “Bijou Ladir” immediately so that, with a reasonable deadline, a solution can be offered to you. Compliance with this procedure is the indispensable prerequisite for asserting any later compensation claims. “Bijou Ladir” is not obliged to acknowledge any damage claims. Non-acknowledged complaints and claims for damages must be asserted in writing against “Bijou Ladir” within one month of the contractually scheduled end of the stay, accompanied by evidence (photos, documents).

Liability

“Bijou Ladir“‘s contractual liability for damages is limited overall to the rental price, unless damage to the traveller is caused by “Bijou Ladir” intentionally or by gross negligence, or “Bijou Ladir” is responsible for damage incurred by the traveller solely due to the fault of a service provider. “Bijou Ladir” is not liable for services that are merely arranged as third-party services, such as the Surselva guest card. “Bijou Ladir” is furthermore and in particular not liable for personal injury or property damage caused by improper use of the terrace (risk of falls / slipping), the fireplace and the barbecue grill, and in particular by lack of supervision of children and/or by disregarding the safety regulations and instructions in the information folder and personal instructions.

Limitation period and prohibition of assignment

Your claims against “Bijou Ladir” and those of your fellow travellers lapse one year after the contractually scheduled end of the trip. The assignment of claims to third parties is excluded.

Mediation body

Before any legal dispute, or for legal questions concerning this contract, you should contact the independent ombudsman of the Swiss travel industry. The ombudsman strives to reach a fair and balanced settlement in any kind of problem between you and “Bijou Ladir”. In the particular case of a dispute with “Bijou Ladir”, the “Guest” and companions undertake to refrain, in fairness, from posting a review on the online booking portal used (internet) and on Google. “Bijou Ladir” is entitled to have any negative review on Google, or on the corresponding booking portal, removed.

Place of jurisdiction and applicable law

The contractual relationship between you and “Bijou Ladir” is subject to Swiss law. The exclusive place of jurisdiction for all disputes between you and “Bijou Ladir” is Chur, Canton of Graubünden, Switzerland.

Issued July 2020

This English version is a translation for convenience. In the event of any discrepancy between this translation and the German original, the German version prevails.