General terms and conditions of business
Object:
Holiday apartment Stalla
Isola 49
CH-7516 Maloja -Isola
Landlord:
Fabian and Irene Giovanoli
CH-7000 Chur
Tel.: +41 79 847 51 05
Mail: info@stallacapre.ch
1. Booking/Booking
Confirmation Holiday apartment bookings are made via the booking program on the website. The reservation for the holiday apartment is legally binding upon completion of the booking process and receipt of the booking confirmation, or upon receipt of payment. By booking, the tenant agrees to the general terms and conditions as well as the landlord's house rules.
2. Payment Terms
The deposit and the remaining payment – or, unless otherwise agreed, the total amount – must be transferred to the landlord's account within the payment deadlines specified in the booking confirmation email. If payment is not received by the landlord by the agreed date, the landlord may, without further notice and without liability for compensation, vacate the property.
rent out elsewhere.
3. Payment with Bitcoin (BTC)
3.1 Price basis: All prices for stays are set in Swiss francs (CHF). If Bitcoin (BTC) is chosen as the payment method, the corresponding BTC amount will be calculated based on the BTC/CHF exchange rate on the Kraken trading platform (www.kraken.com) at the time of booking.
3.2 One-time payment: When paying in Bitcoin, the entire booking amount is due as a one-time payment. Payments in installments are not possible, regardless of the usual payment structure.
3.3 Payment deadline: The calculated Bitcoin amount must be transferred to the wallet address provided by the landlord within 48 hours of booking confirmation. If payment is not made on time, the booking will be automatically canceled.
3.4 Exchange rate fixation: The Bitcoin amount calculated at the time of booking is binding for the duration of the payment period (48 hours). Any subsequent exchange rate change (increasing or decreasing) has no effect on the amount to be paid.
3.5 Refunds and Cancellations: Refunds for cancellations will be made at the landlord's discretion either: – in Swiss francs, at the originally paid CHF amount, or – in the originally received Bitcoin amount, less any transaction fees.
3.6 Proof of Transaction: The guest is responsible for the correct execution of the payment. The only valid proof of payment is the transaction ID (TXID) of the Bitcoin payment, which must be communicated to the landlord upon request.
3.7 Obligation to Pay: The landlord reserves the right to cancel bookings without timely receipt of payment without further notice. There is no entitlement to a reservation without confirmed receipt of payment.
3.8 Payment Options: Payment with Bitcoin can be made either as a classic on-chain transaction or via the Lightning Network (BTC-LN). Lightning payments are possible up to a maximum of 800 CHF. For higher amounts, an on-chain payment is required. The desired payment method must be specified when booking.
4. Additional Costs:
The rental price includes tourist tax, electricity, and heating. Final cleaning is not included in the rental price and must be paid separately.
5. Arrival/Departure
The holiday apartment is available from 4:00 PM on the day of arrival or by arrangement. The keys will be handed over either by the keyholder or left in a designated hiding place on site. On the day of departure, the holiday apartment must be vacated by 10:00 AM or by arrangement. The rental property must be returned on time and in good condition, including all its contents. The tenant is liable for any damage or missing items.
6. Cancellation
The tenant may withdraw from the contract at any time under the following conditions: Up to 56 days (8 weeks) before arrival: CHF 100 processing fee; 55 to 14 days before arrival: refund of 50% of the total price; 13 to 0 days before arrival: refund of 20% of the total price. Replacement tenant: The tenant has the right to propose a replacement tenant. This tenant must be acceptable to the landlord and solvent. They will enter into the contract under the existing terms and conditions. The tenant and replacement tenant are jointly and severally liable for the rent. The receipt of the notification by the landlord is decisive for calculating the cancellation fee. In the event of premature termination of the rental period, the entire rent remains due.
7. Force Majeure, etc.
If force majeure (environmental disasters, natural disasters, official measures, etc.), unforeseeable, or unavoidable events prevent the rental or its continuation, the landlord is entitled (but not obligated) to offer the tenant an equivalent replacement property, excluding any claims for compensation. If the service cannot be provided or cannot be provided in full, the amount paid or the corresponding portion will be refunded, excluding any further claims.
8. Stay
8.1 Use of the holiday apartment is reserved for the guests notified to the landlord upon booking. If the property is used by more people than agreed, a separate fee of CHF 32.90 per night must be paid. The apartment may be used by a maximum of four people. Subletting or transferring the apartment to third parties is not permitted. The rental agreement may not be passed on to third parties.
8.2 Pets are not allowed in the holiday apartment.
8.3 Smoking is not permitted in the apartment.
8.4 In the event of violations of the General Terms and Conditions or the house rules, the landlord is entitled to terminate the rental agreement immediately and without notice. There is no legal claim to reimbursement of the rent or compensation.
9. Condition
The holiday apartment will be handed over by the landlord in a clean condition. Should any defects exist or arise during the rental period, the landlord must be notified immediately. The tenant is liable for any damage caused to the rental property and its contents. If the property key is lost, the landlord reserves the right to replace the locking system and charge the tenant for the resulting costs. The rearrangement of furnishings, especially beds, is only permitted with the express consent of the landlord. In the event of use of the holiday apartment in breach of contract, such as subletting, overcrowding, or disturbance of the peace, the landlord may terminate the contract without notice. In this case, any payments already made by the tenant remain with the landlord.
10. Liability
The landlord is responsible for proper reservation and contractual fulfillment. For damages other than personal injury, liability is limited to twice the rental price, unless gross negligence or willful misconduct is involved. Liability is excluded for negligence on the part of the tenant or co-users, unforeseeable or unavoidable negligence on the part of third parties, force majeure, or events that the landlord, key holder, agent, or other persons engaged by the landlord could not foresee or avert despite due diligence. The tenant is liable for all damage caused by him or her or co-users.
11. Wi-Fi Use
11.1 The landlord maintains Wi-Fi internet access in their holiday property. The tenant will receive the access information from the landlord upon arrival. The landlord grants the tenant shared use of the Wi-Fi access for the duration of their stay in the rental property.
11.2 If the landlord becomes aware of the tenant's illegal use of the Wi-Fi access, they will immediately prohibit the tenant from sharing the access and inform the authorities of the misuse.
11.3 The landlord is not liable to the tenant for disruptions to the Wi-Fi access. The landlord is entitled to restrict the scope of use of the tenant's Wi-Fi access at any time.
11.4 The landlord assumes no liability for any damage (malware or similar) resulting from the use of the Wi-Fi access. The tenant is responsible for ensuring the security of their data.
11.5 If the tenant uses paid internet services or other services via the Wi-Fi, they will fully bear the costs incurred.
12. Written Form
Any agreements deviating from these Terms and Conditions must be made in writing. No verbal agreements have been made.
13. Applicable law
Unless otherwise agreed in this contract, the provisions of the Swiss Code of Obligations (Art. 253ff. OR) shall apply.
14. Place of jurisdiction
For all disputes arising from this contract, the place of jurisdiction shall be the location of the rented property.
15. Severability Clause
Should any provision of these Terms and Conditions be or become invalid in whole or in part, the validity of the remaining provisions shall remain unaffected. The invalid provision shall be replaced by one that most closely approximates the economic intent of the invalid provision.
Chur, 30.04.2025
