Terms and Conditions

These Terms and Conditions apply to all contracts for the paid use of the holiday flat “9° Ost” in Davos Monstein (hereinafter “flat”) for accommodation and all related services provided by the owner. Any deviating terms and conditions of the guest do not apply unless the owner explicitly agrees to them in text form.

The parties to the contract are the guest (the booking person and all accompanying persons) and the operator of the holiday flat “9° Ost” in Davos Monstein (hereinafter “owner”). The guest ensures that all accompanying persons comply with the obligations contained in these Terms and Conditions.

The representation of the flat in advertisements, brochures or online portals is not a binding offer but an invitation to book. The guest may book in writing, in text form, or via a booking portal or online booking system. A contract is concluded as soon as the owner confirms the booking (booking confirmation) or accepts the booking in another way. The booking confirmation and these Terms and Conditions determine the scope of services. Any side agreements or assurances require confirmation in text form by the owner to be valid. The guest is obliged to check the booking confirmation immediately and notify any discrepancies or unclear points straight away. If the guest fails to do so, the contents of the booking confirmation are deemed approved.

The rental period is determined by the confirmed booking. Sub-letting or further letting of the flat is not permitted. Use for purposes other than accommodation (in particular commercial use, events or similar purposes) is only permitted with prior express written consent of the owner in text form. Arrival and departure take place at the times specified in the booking confirmation. If no times are agreed, the following applies: arrival from 4:00 pm and departure by 10:00 am. Earlier arrival or later departure is only possible after prior coordination and availability; no claim can be derived from this. The guest undertakes to return all keys and access devices in full when departing and to hand over the flat in the agreed or proper condition. If keys or access devices are lost, the guest bears the costs for replacement and any necessary security measures (e.g. replacement of locks), provided the loss is the guest's responsibility.

The rent is specified in the booking confirmation. Unless explicitly stated otherwise, the rent includes ordinary additional costs (in particular electricity, water, heating) in the usual extent of a holiday flat use. Variable or consumption-dependent special costs, official levies and local taxes are charged additionally, if applicable and not already included in the booking price, and must be paid by the guest.

The payment terms (due date, deposit, final payment) are set out in the booking confirmation or the terms displayed in the booking process. Payments must be made on time without deduction. If the guest fails to make a payment on time, the owner is entitled, after unsuccessful reminder, to withdraw from the contract and claim damages according to these Terms and Conditions. The owner is entitled to demand a deposit to secure claims arising from the rental relationship. The type, amount and due date of the deposit are specified in the booking confirmation. The deposit is used in particular to secure claims for damage, missing items, unusual soiling, late departure, breach of contract and outstanding payments. Refund takes place after inspection of the flat within a reasonable period, provided no claims exist.

The flat may only be used by the number of persons specified in the booking. Overcrowding is not permitted for safety and consideration reasons. Children count as persons. The owner may make a reasonable surcharge if this is breached or, in the case of serious overcrowding, terminate the contract extraordinarily; further claims are reserved.

The guest is obliged to provide the owner, on request, with the names of all accompanying persons, to the extent this is required for contract performance, safety, compliance with official requirements or proper guest registration.

The guest undertakes to behave considerately towards neighbours and third parties. The house rules are part of the rental contract and must be observed. Quiet hours are 10:00 pm to 6:00 am. During these times, noise and avoidable sounds must be avoided.

Smoking is generally not permitted in the flat. Any designated smoking areas must be kept clean; cigarette butts must be properly disposed of. Violations may result in cleaning and restoration costs (e.g. odour removal) being charged to the guest.

Pets are only allowed if explicitly agreed in advance. The guest ensures that no nuisance or damage results from pets. Animals must not be left unattended in the flat if there is a risk of noise, soiling or damage. If pets are kept without permission, the owner is entitled to charge reasonable additional cleaning and/or terminate the contract extraordinarily. Visitors are permitted to a reasonable extent, provided this does not exceed the permitted number of persons and causes no disturbance. Overnight guests who are not booked are not permitted. Celebrations, parties or events in the flat are not allowed unless exceptional prior written consent has been given.

The guest undertakes to treat the flat and inventory with care, to ventilate and heat adequately and to use all facilities as intended. Windows and doors must be closed when leaving the flat; water and energy consumption must be limited to normal levels. The inventory (furniture, kitchen equipment, textiles, technical devices) must be handled carefully. Furniture may only be moved carefully; damage to walls, floors or furnishings must be avoided. Charging e-bike or e-scooter batteries indoors is only permitted if explicitly allowed and the batteries are supervised during charging; otherwise it must be avoided for safety reasons.

If final cleaning is agreed, this does not release the guest from the obligation to leave the flat in a clean condition. In particular, dishes must be washed, food waste disposed of, waste separated properly (according to local regulations) and major soiling removed. In the case of unusual soiling or special cleaning required, the owner may charge additional costs.

The guest must check the flat upon arrival and report any obvious defects or damage immediately in text form or by the agreed method. If the guest fails to do so, rights regarding the defect may be excluded to the extent that this makes it impossible or difficult for the owner to remedy it. The guest is liable for all damage to the flat, inventory and common facilities caused by the guest, accompanying persons, visitors or pets, to the extent the guest is responsible for the damage. This also includes consequential damage (e.g. loss of use), to the extent permitted by law. Damage must be reported to the owner immediately. The owner is entitled to take appropriate measures to remedy the damage. The owner is liable within the scope of legal provisions. For damage caused by slight negligence, the owner is only liable if there is a breach of essential contract obligations (cardinal obligations) and only to the extent of contractually foreseeable damage. These liability limitations do not apply to breach of life, body or health or mandatory legal liability. The owner assumes no liability for items brought in by the guest. The guest bears responsibility for securing valuables. Found items are kept at the owner's discretion for a reasonable time and can be sent on the guest's request for a fee.

Cancellation by the guest must be made in text form. The time of receipt of the cancellation by the owner is decisive for calculating any cancellation costs. The owner will endeavour to rent the flat elsewhere. To the extent another rental is successful, saved expenses and corresponding income are credited. Unless other terms apply in the booking confirmation or via the respective booking portal, the following cancellation costs apply as a flat fee:

The guest retains the right to prove that the owner suffered no or significantly less damage. Rebookings (e.g. change of travel dates) are only possible subject to availability and the owner's consent. There is no right to rebook. A reasonable processing fee may be charged for rebookings if this is shown in the booking confirmation or the effort justifies it. If the guest does not arrive without previously cancelling, the owner's contractual claims for payment remain in force according to these Terms and Conditions or the booking conditions. Handing over keys or partial use does not count as cancellation.

Force majeure includes all events that were unforeseeable at the time of contract conclusion and which are not caused or controlled by either party, in particular avalanches, storms, flooding, landslides, fire, earthquakes, strikes, epidemics and pandemics, terrorism and war, and official orders resulting from such events (e.g. road closures and resulting closure of access to Davos Monstein, evacuations, travel or accommodation restrictions). As long and to the extent such an event prevents contract performance, both parties are released from their performance obligations; neither party is at fault in this case. The affected party informs the other immediately in text form of the event and the expected consequences for the booking. Neither party owes the other damages or compensation; not compensated in particular are travel and transport costs, costs of alternative accommodation, further expenses of the guest and lost rental income of the owner.

The rent itself is not excluded from the liability exclusion. If the stay cannot take place due to force majeure, the guest's payment obligation is waived, cancellation costs according to section 9 do not apply, and payments already made are refunded. The parties primarily seek to rebook on another date or provide a credit equal to the amount paid; if no agreement is reached within a reasonable time, the amount is refunded. If arrival is delayed or the stay is shortened for such a reason, the rent is reduced proportionally for the nights not used, while nights already occupied must be paid. If the guest cannot leave due to such an event, the parties agree on an extension of the stay and its compensation, to the extent the flat is available. If the obstacle is solely in the guest's sphere (e.g. own illness or prevention, without affecting access to the flat), section 9 remains unchanged.

The owner processes personal data of the guest (in particular contact data, booking data and payment information) exclusively within the scope of applicable data protection laws and to the extent necessary for concluding, performing and settling the rental contract and fulfilling legal obligations. Transfer to third parties only takes place to the extent necessary for contract performance (e.g. payment service providers) or where a legal obligation exists.

Further information is provided in the owner's data protection notices, if provided. Should any provision of these Terms and Conditions be wholly or partly invalid or unenforceable or become so, the validity of the remaining provisions remains unaffected. The valid provision that comes closest to the economic purpose is deemed agreed in place of the invalid one. The same applies to any gaps in the contract. Swiss law applies. To the extent mandatory consumer protection laws conflict, these remain unaffected. Jurisdiction is, to the extent legally permissible, the seat of the owner.