1. scope of application

1.1) These terms and conditions apply to contracts for the rental of rooms for accommodation and all services provided to the guest in this context by perfect lifestyle® GmbH | Design Boutique & Private SPA.

1.2) The guest is prohibited from subletting the provided room or using it for other than accommodation purposes.

2. conclusion of contract, partner, liability, limitation period

2.1) The contract is concluded by mutual expression of will in the sense of the Swiss Code of Obligations (OR) Art. 1 §1) and §2). This can be done in writing or verbally through a so-called booking by the customer (“guest”). perfect lifestyle® GmbH |Design Boutique & Private SPA is free to additionally confirm the room booking in text form. As soon as all customer data is available at the time of booking, the customer usually receives a booking confirmation via WhatsApp.

2.2) Contractual partners are perfect lifestyle® GmbH and the customer. If a third party has placed an order on behalf of the guest, the third party shall be liable to perfect lifestyle® GmbH together with the guest as joint and several debtors for all obligations arising from the accommodation and guest accommodation contract.

2.3) All claims against perfect lifestyle® GmbH are subject to a limitation period of one year from the beginning of the limitation period. Claims for damages shall become statute-barred after five years, irrespective of knowledge, unless they are based on injury to life, body, health or freedom. These claims for damages are subject to a ten-year statute of limitations, regardless of knowledge. The shortening of the limitation period shall not apply to claims based on an intentional or grossly negligent breach of duty on the part of perfect lifestyle® GmbH.

3. services, prices, payment, offsetting

3.1) perfect lifestyle® GmbH is obligated to keep the room booked by the customer ready and to provide the agreed services in compliance with the check-in and check-out times pursuant to sections 6.1) and 6.2).

3.2) The guest is obligated to pay the agreed or applicable prices of perfect lifestyle® GmbH for the provision of the room and the other services used by the guest. This also applies to services and expenses that perfect lifestyle® GmbH provides for third parties. The agreed prices include the respective statutory value added tax.

3.3) perfect lifestyle® GmbH may make its consent to a subsequent extension of the guest’s stay, the booked room or the perfect lifestyle® GmbH service dependent on the price for the room and/or for the other perfect lifestyle® GmbH services.

3.4) Invoices of perfect lifestyle® GmbH are to be paid without deduction at check-out by credit card or in cash. perfect lifestyle® GmbH may demand immediate payment of due receivables from the guest at any time.

3.5) The perfect lifestyle® Design Boutique is entitled to demand a reasonable advance payment or security deposit from the guest in the form of a credit card guarantee, a down payment or similar upon conclusion of the contract. The amount of the advance payment and the payment dates may be agreed in the contract in text form. In the case of advance payments or security deposits for package tours, the statutory provisions remain unaffected.

3.6) In justified cases, e.g. if the guest is in default of payment or if the scope of the contract is extended, perfect lifestyle® GmbH is entitled to demand an advance payment or a security deposit within the meaning of the above section 3.5) or an increase in the advance payment agreed in the contract or a security deposit up to the full agreed remuneration, even after conclusion of the contract until the start of the stay.

3.7) In addition, perfect lifestyle® GmbH is entitled to demand a specific advance payment or security deposit from the guest at the beginning of and during the stay as defined in section 3.5) for existing and future claims arising from the contract, insofar as such a payment has not already been made in accordance with section 3.5). and/or 3.6) have been provided.

3.8) The customer may only offset or set off a claim of perfect lifestyle® GmbH against an undisputed or legally established claim.

3.9) The perfect lifestyle® GmbH is a non-smoking business. Therefore, there is a strict ban on smoking. Violations of the prohibition in the room area will be charged with a special cleaning fee of at least CHF 250.00. In all other areas of the house, we charge this fee on a time and materials basis.

3.10) According to the house rules, bringing and keeping pets at perfect lifestyle® GmbH is prohibited

4. withdrawal of the guest (cancellation) / non-utilization of services (no show)

4.1) A withdrawal of the guest from the contract concluded with perfect lifestyle® GmbH requires the consent of perfect lifestyle® GmbH by means of a waiver in text form. If this does not happen, the agreed price from the contract must be paid even if the guest does not use the contractual services.

4.2) If perfect lifestyle® GmbH and the guest have agreed on a date to withdraw from the contract free of charge in text form and the guest has not yet checked in online and is in possession of the digital room key, the guest may withdraw from the contract until then without any payment or damage compensation claims by perfect lifestyle® GmbH. The guest’s right of withdrawal expires if he/she does not exercise his/her right of withdrawal in text form vis-à-vis perfect lifestyle® GmbH by the agreed date or with immediate effect after online check-in and receipt of the digital key.

5. withdrawal by perfect lifestyle® GmbH | Design Boutique & Private SPA

5.1) If it has been agreed that the guest can withdraw from the contract free of charge within a certain period of time, perfect lifestyle® GmbH is entitled for its part to withdraw from the contract within this period of time if inquiries regarding the contractually booked room exist and the guest does not waive his right to withdraw upon inquiry by perfect lifestyle® GmbH.

5.2) If an advance payment or security deposit agreed or demanded in accordance with clauses 3.5) and/or 3.6) is not made even after the expiry of a reasonable grace period set by perfect lifestyle® GmbH, perfect lifestyle® GmbH shall be entitled to withdraw from the contract.

5.3) Furthermore, perfect lifestyle® GmbH is entitled to withdraw from the contract extraordinarily for an objectively justified reason, e.g. if:

6. room availability, handover and return

6.1) The booked room is available to the guest at the agreed time, on the agreed day of arrival until 16:00. Check-in is possible until 22:00 or at a previously agreed time. The guest has no right to earlier provision.

6.2) On the agreed day of departure, the room must be vacated by 10 a.m. at the latest. Thereafter, perfect lifestyle® GmbH may charge 50% of the full list price for the use of the room exceeding the contract due to the delayed vacating of the room. If the subsequent contract does not materialize for this reason, the causer will be charged 100% of the total damage and the credit card specified for the booking will be charged. This does not justify any contractual claims by the customer. The customer is at liberty to prove that perfect lifestyle® GmbH has no or a significantly lower claim to usage fees.

7. liability of perfect lifestyle® GmbH | Design Boutique & Private SPA

7.1) perfect lifestyle® GmbH is liable for its obligations under the contract. Claims of the guest for damages are excluded. Excluded from this are damages resulting from injury to life, body or health, if perfect lifestyle® GmbH is responsible for the breach of duty, other damages based on an intentional or grossly negligent breach of duty by perfect lifestyle® GmbH. A breach of duty by perfect lifestyle® GmbH is equivalent to that of a legal representative or vicarious agent. If disruptions or deficiencies occur in the services of perfect lifestyle® GmbH, perfect lifestyle® GmbH will endeavor to remedy the situation upon becoming aware of them or upon immediate complaint by the guest. The guest is obligated to contribute what is reasonable to him in order to remedy the disruption and keep any possible damage to a minimum.

7.2) perfect lifestyle® GmbH shall be liable to the guest for items brought in in accordance with the statutory provisions.

7.3) If the guest makes use of the offer of a free outdoor parking space on the property Sandrain 3 with the label “perfect lifestyle® GmbH” or one of the three visitor parking spaces, this does not constitute a custody agreement. perfect lifestyle® GmbH is not liable for lost or damaged motor vehicles parked or maneuvered on the premises of the property Sandrain 3, as well as their contents.

8. liability of the customer for damages

8.1) The guest is liable for all damages to the building or inventory caused by grossly negligent or intentional behavior. The following listing:

• • – Excessive pollution (cost in relation to effort);
  • – Loss of the key (costs depending on the effort);
  • – Damage to plaster walls, windows, sinks, showers, etc., resulting from improper use;
  • – Damages caused by disregard of the house rules (water change in the whirlpool – lump sum CHF 150.00, further damages at cost);
  • – Intentional theft and damage to furnishings and utensils or consumables provided to the guest for free use during his stay.

8.2) perfect lifestyle® GmbH may require the guest to provide adequate security, e.g. in the form of a credit card guarantee. In the event of damage, perfect lifestyle® GmbH is entitled to charge the damage amount directly to the guest’s credit card.

9. final provisions

9.1) Amendments and supplements to the contract, the acceptance of the application or these General Terms and Conditions shall be made in text form. Unilateral changes or additions by the guest are invalid.

9.2) The exclusive place of jurisdiction as well as the place of performance and payment shall be the registered office of perfect lifestyle® GmbH.

9.3) Swiss law shall apply. The application of the UN Convention on Contracts for the International Sale of Goods and the conflict of laws is excluded.

9.4) Should individual provisions of these General Terms and Conditions be or become invalid or void, this shall not affect the validity of the remaining provisions. In all other respects, the statutory provisions shall apply.

Gebenstorf, January 1, 2020