1. Applicability

Simply Chillout GmbH (hereinafter referred to as “Simply Chillout”) operates an online exchange platform for holiday properties. A contract shall be deemed as concluded between the Tenant and the Landlord represented by Simply Chillout upon receipt of a written reservation confirmation (by e-mail). Simply Chillout operates exclusively as an Agent and mediates in the conclusion of contracts. The contracting parties shall be solely the Tenant and the Landlord of the holiday property. All claims in connection with the contractual relationship between the Landlord represented by Simply Chillout and the Tenant during the term of the contract shall be subject to the following terms and conditions.

2. Reservation and Contract Conclusion

Following a written or online reservation, the Tenant shall receive a reservation confirmation by email. The contract shall be deemed as concluded upon receipt of the reservation confirmation. Upon receipt of full payment, the Tenant shall receive from Simply Chillout detailed information about the rented property.

3. Prices and Conditions

3.1 The rental fee shall exclude costs related to property cleaning, bed linen and towels, tourist taxes and optional services. These additional costs shall be detailed in the reservation and paid alongside the rental fee as set out in section 3.3.

3.2 Unless otherwise stated in the property description, the rental fee shall include the regular consumption of electricity, water, and gas.

3.3 The amount invoiced (i.e. rental fee, fees and additional costs, security deposit for the property booked) shall be paid before the trip, as follows:
– 40% of the total amount is due at booking confirmation.
– The remaining amount (60%) is due 4 weeks prior to arrival.

3.4 The security deposit shall be paid 1 week prior to arrival or in case of credit card payment the amount will be authorised for the entire duration of the stay.

For bookings with arrival date within 4 weeks or less, the entire invoice amount shall be payable to Simply Chillout immediately upon receipt of the reservation confirmation.

Simply Chillout shall be entitled to cancel the booking or deny service upon late payment.

3.5 The following conditions apply upon Tenant cancellation:
– up to 30 days before arrival: 100% of the prepaid amount will be refunded
– up to 14 days before arrival: 50% of the prepaid amount will be refunded
– less than 14 days before arrival: no refund

The definitive date for withdrawal shall be the arrival of the Tenant withdrawal notice at Simply Chillout. Should this fall on a Sunday or Public holiday, the next working day shall be considered. The full invoice amount shall be due regardless whether the property handover does not occur or is delayed.

3.6 Unless otherwise stated, a security deposit will be requested. This shall be refunded in full to the Tenant if and only if the property inspection (usually within 48 hours) reveals no damage or theft attributable to the Tenant. Should damage or theft be uncovered, these shall be remedied and the Tenant refunded of the deposit minus the associated remedial costs. Should the damage or theft value exceed that of the deposit, the Tenant shall receive an additional separate invoice. Excessive cleaning costs and electricity usage shall also be settled through the deposit.

4. Arrival and Departure

4.1 The arrival and departure times will be agreed individually with Simply Chillout. Should the handover of the agreed property be impeded for any reason (for example, due to flight delay), the contact person indicated on the reservation confirmation shall be immediately notified.The total amount shall still be payable in full. The same shall apply should the Tenant leave the property prematurely.

4.2 Simply Chillout shall manage any extension to the Tenant’s stay.

5. Replacement Rental Properties and Contract Termination

5.1 Simply Chillout shall be entitled, if so required by unforeseeable or unavoidable circumstances, to assign an equivalent property to the Tenant.

5.2 Should unforeseen or unavoidable circumstances make the rental property handover unfeasible, place the Tenant or the property at risk, or impair the service provision to such extent that the contract enforcement is no longer reasonable the Contract shall be dissolved by the Landlord, represented by Simply Chillout. Payments already made shall be refunded, if applicable with a deduction for services already provided.

5.3 Simply Chillout shall not be liable for any of the damages set out in section 5.

6. Obligations of the Tenant

6.1 The rental property shall be occupied by the prescribed number of persons (children and babies included). Additional persons can be refused or charged separately. The property shall not be sub-rented to any third party.

6.2 Depending on the property description on the Internet, pets may not be allowed in the house and onto the property. Similarly, smoking shall be prohibited in certain rental properties. Should the Tenant disregard regulations on smoking and/or pets, a flat compensation fee of € 200.00 shall be due.

6.3 The property shall be used carefully. Furthermore, neighbours and the environment are due special consideration. In particular, it shall be ensured that neighbours are not disturbed by excessive noise. In the event that the Tenant fails to comply despite this explicit admonition, the Landlord, represented by Simply Chillout, shall be entitled to evict the Tenant from the property before the expiration date. In such case, no refund of already paid costs and rents shall be due. The Tenant shall hold harmless Simply Chillout and the Landlord from any claim for damage or similar claim imposed upon them arising from a Tenant’s breach of contract.

6.4. The cleaning of the kitchen facilities (including cooker, oven, refrigerator, barbecue), crockery and cutlery is the responsibility of the tenant and not included in the final cleaning. All food and rubbish, empty bottles, cans, paper, etc. have to be disposed of (sorted, if required) in the designated locations. Should the tenant not comply with these rules, the incurred costs will be deduced from the security deposit.

6.5 The Tenant shall immediately notify Simply Chillout of any damage. The Tenant shall be liable for any damages attributable to him and is obliged to pay the replacement/repair costs, unless he can prove not to be at fault. The same shall apply should the apartment handover to the next tenant not be possible.

7. Complaints and Claims for Damages

7.1 Should the property appear to be in a condition not conforming to the contract, this shall be immediately notified to Simply Chillout. Should no immediate indication be provided upon the start of the rental period, the property shall be deemed in perfect condition and free of defects. The same rules shall apply for defects uncovered during the rental period.

7.2 Any claims shall be notified in writing to Simply Chillout and providing the necessary evidence (photographs, confirmation of the competent person, etc.).

7.3 Should the Tenant fail to comply with any of the rules above, he shall forfeit all rights to compensation.

7.4. Should Simply Chillout receive justified complaints from the Tenant regarding the property, it shall immediately inform the owner. The owner agrees to give immediate attention to the complaint and to correct it.

8. Liability of the Landlord

8.1 The Landlord shall be liable for any damage caused to the Tenant arising from a culpable breach of contract by the former.

8.2 The legal liability of the Landlord for damages other than those to persons (e.g., material and property damage) shall be limited to the rental price (whereby the claims of all affected person shall be jointly paid).

8.3 The Landlord shall not be liable for any damage attributable to one or more of the following causes:
– Acts or omissions of the Tenant or a joint user;
– Unforeseeable or unavoidable omissions by third parties not involved in the provision of contractual services;
– Force majeure or events that could not have been foreseen or averted even with all due care;
– Damage and losses due to theft.

These provisions shall apply analogously to non-contractual liability. The liability for auxiliary persons is expressly excluded.

8.4 The use of private and communal pools, children’s playgrounds, sports facilities of all kinds or similar installations at your own risk.

8.5 Claims for damages against the Landlord, notwithstanding any contractual claims, shall lapse within 1 month. The limitation period begins on the day following the end of the rental period.

9. Privacy Policy

9.1 The personal, address, and contact details of the Tenant are recorded and stored by Simply Chillout. This data can be processed and used for marketing purposes albeit exclusively in connection with the offering of Simply Chillout. Data security is ensured. No data transfer to third parties shall occur.

9.2 The personal, address, and contact details of Tenants can be passed on to an assistant, if necessary, to deliver the agreed services.

10. Final Provisions

10.1 The use of Simply Chillout’s offer by the Tenant shall be construed as the acceptance of these terms and conditions. Should the Tenant disagree with these terms, he shall not be entitled to use the offer of Simply Chillout in any way.

10.2 The invalidity or ineffectiveness of individual provisions shall not affect the validity of the remaining provisions. The parties shall replace defective clauses by effective ones coming economically and legally closer to those being replaced.

10.3 Zug shall be the exclusive place of jurisdiction in the event of legal disputes. Only Swiss law shall apply.

Valid from 18-12-2019