General Terms and Conditions
1. Scope, Provider, Contracting Parties
1.1 hese Terms and Conditions govern the rental of the vacation apartment(s) described in the listing by Margrit Röthlisberger, Mag’s Ferienwohnungen, Sägegasse 86, 3556 Trub, mar33@bluewin.ch, +41 79 776 96 63, hereinafter referred to as "Landlord," to guests, hereinafter referred to as "Guest."
1.2 These Terms and Conditions apply to bookings made through the Landlord’s website www.ferienemmental.ch, through booking platforms (e.g. Booking.com, Airbnb, Monteurzimmer.de, atraveo by e-domizil), and to direct bookings (mar33@bluewin.ch / +41 79 776 96 63).
1.3 For bookings made through platforms, their respective terms of use, payment, and cancellation conditions apply additionally. In case of conflict, mandatory platform rules take precedence for booking and payment processes; otherwise, these Terms and Conditions govern the rental relationship and use of the accommodation.
2. Contract Formation, Booking Process
2.1 A rental agreement is concluded by: a confirmation email/contract from the Landlord for bookings made through the website or directly; or the booking confirmation of the respective platform in accordance with its processes.
2.2 A rental agreement is concluded by: a confirmation email/contract from the Landlord for bookings made through the website or directly; or the booking confirmation of the respective platform in accordance with its processes.
2.3 The Landlord reserves the right to contest the contract in the event of obvious errors, typographical or calculation mistakes; any payments already made will be refunded.
2.4 Minors may only book and arrive accompanied by and with the consent of a legal guardian.
3. Prices, Taxes and Additional Costs
3.1 All prices are in CHF unless otherwise stated.
3.2 Additional costs (e.g. baby cot) are listed in the price overview.
3.3 Dynamic pricing: The price displayed at the time of booking is binding; subsequent price changes do not apply retroactively.
4. Payment, Deposit, Security
4.1 Bookings via website/direct: Full payment is due from the time of booking, at the latest 10 days before arrival. For last-minute bookings, the full amount is due immediately.
4.2 Bookings via platforms: Payment terms are governed by the platform’s conditions. Any refunds are processed through the platform.
4.3 The Landlord is entitled to place a credit card pre-authorization of up to CHF 500.00. The deposit serves to cover claims for damages, missing items, excessive soiling, contractual violations, and unpaid additional costs. Refunds will be made within business days after departure, provided no claims exist; further claims remain reserved.
4.4 If the Guest falls into arrears, the Landlord may, after written notice and a reasonable deadline, terminate the contract and charge cancellation fees in accordance with Section 6.
5. Arrival, Departure, Stay and House Rules
5.1 Check-in from 4:00 PM, check-out by 11:00 AM. Exceptions only with prior confirmation.
5.2 Maximum occupancy is 2 to 5 persons depending on the apartment (including children). Each additional person requires approval and may incur additional charges.
5.3 Pets are not permitted. If permitted by exception, a pet surcharge of CHF 25.00 per stay applies; animals are not allowed on furniture or beds; the Guest is liable for any damage caused by animals.
5.4 Smoking is strictly prohibited inside the accommodation; smoking is only permitted in designated outdoor areas. Violations will result in a special cleaning fee of at least CHF 1,000.00.
5.5 Quiet hours are from 11:00 PM to 7:00 AM; parties and events are prohibited without express prior consent.
5.6 House Rules: The Guest must comply with the house rules displayed on the premises. Violations may result in extraordinary termination in accordance with Section 11.
5.7 The Guest must treat the accommodation with care, report any defects immediately, and, upon departure, leave dishes cleaned, waste disposed of, and windows and doors closed. Excessive soiling may result in additional charges of CHF 90.00 or be billed according to actual effort.
5.8 Keys/Access: In the event of key loss, the actual replacement and lock system costs will be charged, a minimum of CHF 80.00. Sharing access credentials with third parties is prohibited.
6. Cancellation, Rebooking, No-Show
6.1 Unless different conditions apply to the offer/rate, the following cancellation policy applies: up to 4 days before arrival: free of charge; from 3 days before arrival or in case of a no-show: 100% of the total price.
6.2 Rebookings are only possible subject to availability; any rate differences must be paid.
6.3 For bookings made through platforms, the cancellation and rebooking rules stated there apply and take precedence.
6.4 Early departure or late arrival does not entitle the Guest to a refund.
7. Reporting Defects, Warranty
7.1 The Guest must report any defects to the Landlord immediately, at the latest within 24 hours of discovery, so that remedial action can be taken.
7.2 The Landlord may offer a reasonable alternative service or remedy. Price reductions or compensation are only applicable in the event of significant defects that have been reported and could not be remedied within a reasonable timeframe.
8. Guest Liability, Damages
8.1 The Guest is liable for all damages to the accommodation, inventory, and communal facilities caused by themselves, their travel companions, or visitors, as well as for any missing items.
8.2 The Guest is obliged to report damages immediately. Repairs and replacements will be invoiced at actual cost or replacement value; the Landlord is entitled to offset such claims against any deposit held.
8.3 Where multiple guests have booked jointly, they are jointly and severally liable.
9. Landlord Liability
9.1 The Landlord is liable in accordance with Swiss law for their own intentional and grossly negligent conduct. For minor negligence, the Landlord is only liable in the event of a breach of essential contractual obligations, limited to foreseeable damages typical of this type of contract.
9.2 Liability for loss of vacation enjoyment, indirect damages, data loss, and consequential damages is excluded to the extent permitted by law.
9.3 No liability is accepted for loss or damage to items brought onto the premises, to the extent permitted by law. Use of the accommodation, parking spaces, and play and sports facilities is at the Guest’s own risk.
9.4 Events of force majeure (e.g. natural events, pandemics, official orders, power or water outages, or neighboring construction work beyond the Landlord’s control) do not give rise to liability; Section 10 applies.
10. Force Majeure, Official Measures
10.1 If the provision of services becomes impossible or unreasonable due to force majeure or official orders, both parties may terminate the contract without charge. Payments already made will be refunded; further claims are excluded.
10.2 If services are only partially possible, the Landlord will, where possible, offer rebooking or rescheduling; any additional or reduced costs will be adjusted accordingly.
11. Extraordinary Termination, Right of Access
11.1 The Landlord may terminate the contract without notice for good cause, particularly in cases of serious breach of contract or house rules, disturbance of the peace, unauthorized subletting, exceeding maximum occupancy, non-payment, criminal conduct, or endangering persons or property.
11.2 In the event of termination, no refund is due; the Landlord may demand vacation of the premises and claim damages. The right of access entitles the Landlord or their representative to enter the accommodation for good cause (e.g. emergency, imminent danger, necessary repairs) with due regard to proportionality.
12. WiFi/Internet Use
12.1 Where provided, WiFi use is voluntary and free of charge; there is no entitlement to availability, speed, or specific functionality.
12.2 The Guest undertakes not to use the internet unlawfully (e.g. no copyright infringement or illegal content). The Guest indemnifies the Landlord against any third-party claims arising from unlawful use.
12.3 Access credentials may not be shared with third parties.
13. Data Protection
13.1 The Landlord processes personal data in accordance with Swiss data protection law (DSG) and, where applicable, the GDPR. Purposes include: booking processing, fulfillment of the rental agreement, statutory registration obligations, communication, accounting, and protection of legitimate interests (e.g. protection against misuse).
13.2 For bookings made through platforms, data is transmitted in accordance with their privacy policies. Further information can be found in the Landlord’s privacy policy at www.ferienemmental.ch.
13.3 The Landlord may pass on legally required registration data to authorities or tourism organizations.
14. Keys and Access Systems
14.1 All keys issued must be kept safe and returned in full upon departure. Loss must be reported immediately.
14.2 Misuse or transfer to unauthorized persons is prohibited.
15. Subletting, Commercial Use
15.1 Subletting or transferring the accommodation to third parties, as well as commercial use, requires the prior written consent of the Landlord.
15.2 Photo or film productions, events, or shoots are only permitted by prior written agreement.
16. Parking, Electric Vehicles, Fire Safety
16.1 Parking spaces are available subject to availability.
16.2 Charging of electric vehicles is not possible at this property.
16.3 Open fires, candles, and barbecuing are only permitted in designated areas. Fire safety regulations must be observed.
17. Lost Property, Post and Deliveries
17.1 Items left behind will be forwarded upon request at the Guest’s expense within 1 month; after this period they may be disposed of.
17.2 The Landlord does not accept responsibility for receiving or guaranteeing postal or parcel deliveries addressed to the Guest.
18. Right of Withdrawal
18.1 E There is no general statutory right of withdrawal for accommodation contracts in Switzerland. Only the cancellation conditions specified in these Terms and Conditions or in the booked rate/platform apply.
19. Assignment, Set-Off
19.1 The Landlord may assign claims arising from the contractual relationship to third parties. The Guest may only offset claims that are undisputed or have been established by final court judgment.
20. Applicable Law, Jurisdiction, Contract Language
20.1 Swiss law applies exclusively, excluding conflict of law rules and international conventions.
20.2 The place of jurisdiction is, to the extent permitted by law, the Landlord’s registered location (3400 Burgdorf). Mandatory consumer protection jurisdictions remain reserved.
20.3 The contract language is German. In the event of translations into other languages, the German version shall prevail.
21. Final Provisions
21.1 Amendments and additions to these Terms and Conditions require written form. Individual agreements in the rental contract take precedence over these Terms and Conditions.
21.2 Severability clause: Should any provision be or become invalid, the validity of the remaining provisions shall not be affected. In place of the invalid provision, a regulation shall be deemed agreed that comes as close as possible to the economic purpose intended.
21.3 Priority rule for platforms: For bookings made through platforms, their booking, payment, and cancellation conditions take precedence for those process steps; these Terms and Conditions govern the on-site rental and usage relationship.
Annexes/Optional Additions
- House rules are available in the apartment.
- Price and fee list: www.ferienemmental.ch
- Privacy policy: www.ferienemmental.ch
As of: 11.11.2025