1. General information
These general conditions are integral part of the rental contrat concluded between the customer and Brivido Sàrl.
2. Conclusion of the travel contract
2.1 The reservation can be made in written form at your travel agency, by e-mail or directly through our website www.brivido.ch. With your reservation, you submit to Brivido a binding offer to conclude the rental agreement. As soon as the deposit has been paid, you definitively confirm your reservation as well as the general conditions.
2.2 When you accept this obligation through an explicit statement by filling out the booking form you agree to assume all your contractual obligations as well as those of the people for whom you are making the reservation.
2.3 The rental contract is concluded upon receipt of the travel confirmation that Brivido sends to you by e-mail.
Once your booking request reaches Brivido, the company will allow 5 working days to confirm definitively your reservation. This binding confirmation will be sent to you by e-mail.
2.4 Please note that you have no withdrawal right for the proposed services in accordance with the legal provisions. As soon as the reservation is confirmed by Brivido,by written form (e-mail) the rules listed in paragraph (point 6)
“ Cancellation” of the present general conditions are considered as mandatory.
2.5 We reserve the right to correct on our website any obvious mistakes as for example resulting from a inexact description, calculation or classification.
2.6 Any form of subletting from Brivido holiday homes and apartments is prohibited, as well as any commercialization as an organizer with its own price structure.
2.7 When booking we gladly take into account special requests from our customers. Please note, however, that Brivido cannot guarantee the execution of your wishes. All special services requests booked by customer are exclusively valid if Brivido confirms explicity.
2.8 Brivido acts only as a simple intermediary for reservations of rental properties and extra services like transferts, cooking lessons, wine tasting, guided excursions, cultural tickets, etc. The general conditions of sale / cancellation of the respective services providers serve as the basis. These will be stipulated in the sales contract when booking.
3. Payments / travel documents / cancellation in case of late payment
3.1 30% of the total amount (property booking and extra services) paid immediately upon Brivido’s written reservation confirmation.
The balance must be payed latest 4 weeks before starting the travel unless otherwise for some property clearly specified in the sales contract.
For reservations made within 4 weeks before the start of the trip, the total price of the rental and extra services must be payed immediately.
3.2 All travel documents will be available approximately 2 weeks before departure at the travel agency, or sent by post or e-mail.
3.3 If the deposit and / or balance is not paid by the agreed deadline, Brivido is entitled to terminate/cancel the travel contract after warning with a new deadline and charge to you the cancellation costs in accordance with paragraphe 6.2 from the general conditions.
4. Special conditions and remarks
4.1 In principale the property and extra services Brivido propose are not suitable for people with reduced mobility. Brivido would be pleased to advice you about this.
4.2 Incidental expenses at site according to jurisprudence, all fixed costs (mandatory accessory costs) that must be paid are included in the travel price. Variable costs depending on the number of travelers, group composition or consumption (for ex. tourist tax, electricity, gaz, heating, firewood, water, laundry) are partly paid to the lessor or to the key holder, depending on consumption on place. Payment is usually made in cash. Incidental expenses mentioned in the text are also invoiced at the indicated amount for children above the age of 2.
4.3 At the time of handing over the keys, the lessor or the key holder may require the payment of a deposit of an amount appropriate to the rental price. The deposit is normally payed in cash and in the currency of the country where the rental property is located.
The amount of the deposit, as well as the type of the payment (cash, card) will be indicated in the description of the property.
The deposit will be refunded on site after proper return of the rented object.In some cases, the deposit can be refunded by bank transfer after customers leaving. The refund does not exclude claims for damages from the lessor. The deposit and the processing of the deposit as well as the payment of incidental costs on site are note part of the rental agreement concluded with Brivido as organizer.
4.4 The amount of the touristic tax does not appear on the Brivido website or on the rental description. Lieu de The exact amount depends of the holiday destination and are usually not known before the trip. Depending on the location the touristic tax is between 1 euro up to 7 euro per person/per day (generally reduced rate for children).
4.5 Final cleaning of the rental property. Most of the Brivido properties included the final cleaning. If not, it will be clearly indicated on the description of the property and only in this case you carry out the complete cleaning as a customer independently of the final cleaning carried out by the lessor and
Included in the rental price. For some rentals it will be stipulated to the customer to clean and tidy the kitchen area, wash and tidy the dishes, remove all the remaining food and waste, remove the sheets, etc. The final cleaning includes in particular the deep cleaning of the kitchen, the
bathroom/shower/WC, and the floor washing. The customer can choose for some accommodations to clean the apartment himself or to ask the key holder to organize it for him in return for usual payment. You will find more informations on the rental description.
4.6 The description of the rental property will indicate if towels, bed linen are not included and of extra charge / included / not available. The standard bed size size and double sofa beds is 1.40 meters. If you want possible to rent bed linen and/or towels on site and use this service, please indicate this in your booking request. In some cases, the owner provides some small towels but Brivido generally recommend to bring the own towels. Usually it is necessary to bring own pool or beach towels. In general you should also bring toilet paper as well as dish soap and cleaning products.
4.7 It will be indicated in the description of the rental property if additional beds or cots are available. Normally it is necessary to bring sheets for the children’s beds. Please check wether a cot is provided capped to the maximum people number or if another person can be accommodated in the rented location. Baby beds are normally for baby under 2 years old. Extra beds and cots must in all cases be ordered during booking and are going to be confirmed by Brivido. A corresponding mention must be noted accordingly in the travel voucher. In general, only one extra bed or cot is possible.
4.8 Pets, please consult the description of the accommodation to know if a domestic animal (in general only dog) is allowed or not. In any case, the pet must be declared at the time of booking, indicating its nature and size, even if the description seems to allow it. The authorization is in principle valid just for a single domestic animal, unless otherwise stated in the description. If pets are not allowed, this does not mean that there will not be any pets around the house / hotel / complex etc or that pets will not be temporarily accommodated in the rental property. If pets are allowed, this does not automatically mean that they will be able to roam freely everywhere.
In almost all hotel or residence complex, the swimming pool area or beach or green spaces are not accessible to dogs and even less in restaurants etc. Often dogs are also required to be kept on a leash. Of course, swimming pools in
individual houses are also prohibited for pets. It is forbidden to leave pets alone in the rented property. The European or Swiss passport for pets with mention of the rabies vaccine, is compulsory and recognized in almost all countries. Animals must be identified by microchip. For some breeds of dogs, most often for « fighting dogs », many countries have strict rules and their acceptance is generally not allowed. Please inform yourself in advance, preferably from your veterinarian or on the internet. If pets are taken without permission, Brivido may require the removal of the animals. Brivido’s right of termination mentioned in point 7 remains unaffected.
4.9 The rental property are equipped with crockery and cutlery generally complete and in sufficient number for people registered. Technical household as oven, microwave, et car available if they are expressly mentioned in the description of the rental property.
4.10 Heating
There is not always heating in the rental property in summer touristic areas, especially in the south. In general the adjustment of central heating, gas, electric, wood, etc is under customers responsibility. If necessary, the owner / key holder will inform you about their functioning.
4.11 TV / TV reception
The television mentioned in the rental description has satellite or cable reception. However, reception of programs in all languages is not guaranteed.
4.12 The internet / wifi connection is only available if mentioned expressly in the description. Brivido take no Wifi connection responsibility for continuous availability, speed, compatibility and security. The customer make sure that the terminal is sufficiently protected.Consumption may be limited.The internet wifi is generally intended for holidays and not for professional use. The customer use internet wifi at his own risk. The local law in force of the rental property is apply. It is strictly prohibited to downloading or accessing data containing material (like movies, music, tracks) protected by copyright and illegally distributed over the internet. It is also forbidden to download data whose content illegal files. The customer is required to inform all minors they come with. In case of violation of the obligation under “Internet wifi” point, the customer release Brivido from all liability.
4.13 If the rental description mention garden furniture, this does not necessary mean that a garden chair will be available for each person. This is also applies to deckchairs, they are often limited. For hygienic reasons, many owner do not offer outdoor cushions. Sun loungers and parasols are only available if they are mentioned in the rental description.
4.14 The accommodation descriptions mention if the rental property has a swimming pool and generally indicate the seasonal opening period. Note that the start and end dates of the season can change depending the weather conditions. For swimming pools please consult the opening hours and observe every regulations on site. These may include guidelines on wearing swim shorts in swimming pool, use balls, wearing a swimming cap, etc.
4.15 Duty of care the rental property
As a tenant you can use the whole of the rented property, including furniture and objects of common use. The customer is required to treat the rented object, its inventory and any common equipment with the greatest care. You agree to repair any damage caused by your own fault or fault from people who accompanying you or hosts during the rental period. Damage can be charged to the deposit or to the customer private liability.
Brivido cannot be held responsible for damage caused on site.
4.16 It is forbidden to bring or plug any objects that consume a lot of energy like air conditioning, mini-pools, electric cars, etc.
4.17 The rental property cannot be occupied and used by a number of people than indicated in the description or on the Brivido website and confirmed on the voucher. The maximum number of people includes children and babies unless otherwise agreed. Any exceeding of the maximum number of people, gives the right at Brivido to cancel the booking mentioned in point 7.
4.18 Services and infrastructures mentioned in the description, confirmation and the travel documents (transportation, shops, restaurants, sports facilities, public beaches, etc) are note part of Brivido services. Brivido cannot be pursued in the event of any interruption of this type of infrastructure service. These establishments decide on their own responsibility about the opening hours, etc. This is also applies to public and private services (such as water and electricity companies). The information given on climatic conditions is also without any guarantee.
4.19 Arrival time is generally between 3 p.m. and 7 p.m. on the scheduled arrival day. If the customer notice during the trip that he will be late, please inform the key holder as soon as possible. The key holder will ensure your late arrival (probably against payment). However, no guarantee can be given. Please consult your travel documents which may indicate other arrival times if applicable.
4.20 Please give the voucher directly to the key holder upon arrival. The place of collect the keys on the arrival day and place to return keys are not necessarily the same place of the accommodation. During the high season there may be a waiting time at the key collect point.
4.21 In some cases, it is impossible for organizational reasons, to choose an arrival day other than the day mentioned in the rental confirmation. In any case, contact Brivido to arrange another arrival date. If another date is possible, Brivido will confirm it to the
customer by e-mail.
4.22 In case of impossibilityto occupy the accommodation at the agreed time, for example due to heavy traffic or for personal reasons, and in the absence of unavoidable exceptional circumstances at or near the place of destination, considerably affecting the travel or transport to the place of destination (as mentioned in paragraph 6), Brivido may claim compensation, as provided for in paragraph 6. This also applies if you leave the accommodation prematurely.
4.23 The day of departure provided in the travel confirmation, the rental property should be left at the time specified and clearly stipulated in the rental contract (generally between 9 a.m. and 12 p.m. at the latest) and returned cleaned (if stipulated in the contract) and in the same conditions when you moved in to the owner / key holder. Please consult your travel
documents which may indicate alternative arrival and departure times if applicable.
5. Changes to the contract
before the beginning of the stay
Brivido may modify certain
characteristics of the travel
services, not affecting the rental price, before the start of the
beginning, if these modifications are minor and no not affect the overall progress of the rental and if the reason does not relate to bad faith. The customer will be informed immediately of the reason for the change in writing. In case of
significant modification of the
contract the customer accept the modification within the stipulated time limit indicated in the
notification, terminate the contract free of charge or replace your rental by another one if we offer you one. In absence of your
declaration within the time limit that Brivido has defined, the proposal to modify the contract is deemed to be accepted.
6. Modification / Cancellation / compensation / replacement tenant
6.1 The costumer can cancel the contract at any time before the start of the stay. The reception of the cancellation declaration by Brivido is decisive. If the trip was booked with a travel agency company, the cancellation declaration can also be sent to them. The declaration of cancellation must be made in
writing only (registered mail)
6.2 Application fees
In case of cancellation or
modification of your reservation, an amount of CHF 200.00 per order may be charged as an
administrative fee. These fees are not covered by any cancellation
insurance.
6.3 Cancellation fees
For most of our rental properties the costs are as follows :
60 à 31 days before the departure : 30% of the total reservation (trip and extra services)
30 à 15 days before the departure : 50% of the total reservation (trip and extra services)
14 jours days before the departure (no show : 100% of the total
reservation (trip and extra services).
If costs are different than those indicated in these general
conditions, these will be clearly mentioned in the confirmation of the rented property.
6.4 Brivido can cancel the contract before the start of the trip if the execution of the contract is
impossible due to unavoidable
exceptional circumstances.
In this case, Brivido will refund the
customer in full and do everything as possible to find a replacement solution.
6.5 In case the customer must
terminate his travel prematurely for any reason, the cost of the travel cannot be refunded by Brivido. Extra services will be refund to the customer if nothing is charge to Brivido. In case of emergency
(illness or accident, death of a close family member) Brivido will help you as far as possible to
organize a premature return.
Note that the customer can take a
specially private insurance for these cases. The reservation office will advice you with any details on this subject.
6.6 The customer has the right to present a replacement tenant who continues the contractual
relationship with Brivido. In this case, Brivido must be informed before at least 7 days before the start of the rental.
Brivido can refuse the replacement tenant, if he does not meet the specific requirements of the rented property or if legal regulations or administrative decisions prevent it.
As soon as Brivido has validated the replacement tenant, the new tenant will take over all the rights and obligations of the rental
property.
The fees resulting from this modification will be charge from
CHF 200.00.
6.7 Travel cancellation and modification conditions specific to the COVID-19 crisis.
These cancellation and modification conditions, specific to the COVID-19 health crisis, cancel and temporarily replace the conditions of point 6.3.
a) If the customer want to cancel or modify the reservation despite to the initial confirmation that
travelling is realizable, the actual costs in point 6.2 and 6.3 remain valid.
By « realizable travel », Brivido considers that the trip can be
undertaken and that the services booked can be provided.
Mandatory health measures can be taken at any time by the different countries depending the
progression of the pandemic. If these measures do not hinder the smooth running of the trip, they cannot be considered as an
unrealistic travel factor.
The obligation to be vaccinated and / or to take a PCR test before
departure, on a trip, or before
returning from a trip cannot be
considered as an unrealizable case of travel. A mandatory quarantine on return from travel also cannot be considered an unrealizable travel case.
b) If the trip could not take place (border closure, obligation to
quarantine in the country of
destination, inability to find a
suitable alternative), the trip will be proactively canceled directly by Brivido and the client will be
compensated according to the
following rule :
The customer will receive the
refund of the amount paid, after deduction of the Brivido charge of CHF 200.00.
7. Changes to the prices of rentals and ancillary services
7.1 Brivido reserves exclusively the right to modify before your booking few indications on the Brivido
website www.brivido.ch (as
description of the services, prices, extra services)
In this case the reservation office will notify the customer all changes before the contract is concluded.
7.2 Changes after booking
In certain exceptional cases it could be possible that the initial price could increase. Price increases might be the result of higher forex exchange rates, VAT refund or other tax added. If the cost of the service included in the rental increase, it can be passed on to the lessor and the rental price increase
according. Brivido will apply the price increase no later than 30 days before departure. If the price increase exceed 10% the customer can exercise the right stipulated in the following point 7.3.
7.3 Customer rights if after
conclusion of the contract the rental price is increased
If the price increase exceeds 10%, the costumer has the following rights :
a) the customer can accept the modification of the contract
b) you can cancel the contract in writing within 5 days of receipt of our communication. The price of the trip already paid will be
refunded to you as soon as
possible
c) you can let us know within 5 days of receipt of our
communication that you wish to
change location. We will do our best to provide you with a suitable rental. If the replacement property is cheaper, the price difference will be refunded to you. If the one you choose is more expensive, you will have to pay the difference. In the absence of any news from you on the basis of paragraphs b) and c) above, we recognize that you
accept the price increase.
The 5-day deadline will be
respected if you deliver your
communication on the 5th day to the post office (by registered mail).
8. Termination for Behavioral Reasons
Brivido may terminate the travel contract without prior notice if the traveller sustainably disturbs the performance of the contract,
despite a warning or if his conduct is contrary to the contract that his immediate termination is justified. This applies, for example the
endangerment of others. In this case, the price of the trip is
cancelled, the expenses saved or profits realized from another use by Brivido can be taken into account, including any sums credited by the service provider.
9. Participate obligations
9.1 As a customer, you must inform Brivido or your travel agent if you have not received the necessary travel documents within the time frame we have indicated. In
accordance with the legal
provisions, you are required, in case of any obstacle to the
performance of the service, to do everything possible to help resolve the problem and minimize or avoid any damage. This includes the obligation to report complaints
immediately. If you act wrongly and do not fulfill this obligation, you may not be entitled to any compensation for non-performance of the
contract, if this could have been avoided by a formal declaration. This obligation to reduce damage applies only in this case.
9.2 If the trip fails to conform with the terms of the contract or if you find irregularities in the rented
accommodation, you can request compensation. In this case, please contact us immediately, if
necessary through your travel agent, our service provider on site or directly Brivido preferably by telephone or e-mail, at :
Brivido Sàrl
Route de la Moubra 4
CH-3963 Montana
info@brivido.ch
Telephone +41 78 802 93 47
in order to enable Brivido to take the appropriate measures, to verify the claim and, if necessary, to
remove the obstacle to the
performance of the service or to propose an equivalent replacement service. It is Brivido’s responsibility to choose between solving the
problem or replacing it with an equivalent or higher benefit. The right to terminate the contract is only possible under the provisions of the following paragraph 8.3.
Services providers (lessor, key holder, agency, etc) are not
contracting parties and do not
represent Brivido and do not have the right to recognize claims, make and/or receive statements having legal force.
9.3 At the end of the travel provided by the contract, if you wish claim defects, claims for refunds or
damages to Brivido, you must
address your claim within 30 days of your return. Your complaint must be accompanied by photos or
justifications. Failure to comply with these requirements may result in loss of entitlement to any
compensation. You can contact your travel agency or via our e-mail address : info@brivido.ch
10. Liability / limitation of liability
10.1 In presence of a defect during the trip, that is to say in cas of
non-compliance of the rental
contract, you can claim damages, without prejudice to the reduction of the price of the trip or the
termination (respectively, of the cancellation), unless the default in the trip is due to the following causes : acts or omissions
attributable to yourself or to an
accompanying person ;
unpredictable or unavoidable
negligence by third parties in the provision of the services included in the contract ; exceptional and
unavoidable circumstances.
10.2 External elements, major forces and regional particularities, such as the presence of insects, animals, stray dogs, adverse weather conditions or the state of public roads, do not give the right to damages. Claims against Brivido for non-compliance with
pre-contractual or contractual
information obligations remain
unchanged.
10.3 Brivido’s liability for damages due to a breach of contractual obligations which are not personal injury and which have not been caused intentionally or by gross negligence, is limited to one time the entire price of the stay. Any other claim under international conventions or laws based thereon shall not be affected by such restrictions.
10.4 For claims for damages against Brivido for unlawful act, which is not caused intentionally or by gross negligence, the liability for property damage is limited to once the price of the stay.
10.5 Brivido cannot be held responsible in case of burglary during your stay or for any natural damage or not (fire, water damage, etc.). Most of our properties have a safe and an alarm and it is the responsibility of the tenants of the premises to make sure to activate it as soon as necessary and to put important goods in the safe.
10.6 Some villas in our collection are also offered for sale, if they are to be sold during the season, it is the responsibility of Brivido to offer you an alternative range equivalent to your booking and if this is not possible, Brivido will refund the total amount you paid for the rental.
11. Prescription
Whatever their reasons, the actions taken by the customer against
Brivido are prescribed after 12 months. These actions include the right to seek redress and, if Brivido does not remedy the situation by breach of its obligations, to remedy the situation yourself and to require compensation for the necessary expenses incurred. You also have the right to claim compensation through other rental services
(replacement services).
If the corresponding conditions are met, you can terminate the
contract, claim your rights resulting from a deduction in the price of the trip and claim damages or
compensation for unnecessary expenses.
The limit period begins starts to run from the last day of stay provided in the contract. In this case the legal provisions for prescription
suspension shall apply without
restriction. The prescription of your action arising from injury to life or damaged health, bodily injury and intentional violation or grossly
negligent breach of duty by Brivido, a legal representative or an Brivido enforcement agent shall be
governed by the legal provisions. All actions taken by Brivido expire six months after the end of the rental contract.
12. Ombudsman
Before submitting a dispute with Brivido, you should contact the independent travel ombudsman. The ombudsman tries to find a fair and balanced arrangement,
regardless of the problem between you an Brivido or the travel agency :
Ombudsman of the Swiss travel industry
Etzelstrasse 42, Postfach,
8038 Zürich T
Tél. : +41 (0)44 485 45 35
(Openings: du lundi au vendredi 10H–16H)
www.ombudsman-touristik.ch info@ombudsman-touristik.ch12
13. Guarantee of customer funds
In case of insolvency of Brivido, the guarantee institution of the client funds mentioned below shall
guarantee the refund of the travel price to the client.
Your contractual partner is the company Brivido Sàrl, insured, with a guarantee fund with TPA (Travel Professionals Association), for your possible right to the refund of the trip in cas of insolvency of the company Brivido.
13.1 Travel services are cancelled or
13.2 The traveler responds to the payment requests of the providers for the travel services provided, of which Brivido has not settled the claims. Brivido’s insolvency leads to the opening of a legal redress procedure on Brivido’s property and the refusal to open for
insufficient assets. The liability of the guarantee institution for client funds is limited. It is responsible for all amounts to be repaid in one year only up to CHF 45 million. If this amount is insufficient for all customers, the amount of the
refund decreases in proportion to the ceiling. Refund shall be made only at the end of the year (from 01/01 to 31/12) in which the claim was declared. The guarantee
institution for client funds is TPA (Travel Professional Association),
a Swiss-based company and
supervised by Swiss financial
supervision. If you have any
questions, please contact :
TPA (Travel Professional
Association)
Place du Temple 4
CH-1096 Cully
Tél. +41 21 799 44 66
13.3 Data protection.
The processing of personal data under these general contractual conditions is governed by our
Privacy Statement available at www.brivido.ch
14. Travel Insurance
Brivido recommend to take a
supplementary travel insurance to cover cancellation costs in case of accidents, sickness, special r
epatriation costs, etc.
Brivido can request in your name a offer through their insurance provider : Allianz Global Assistance at Wallisellen.
15. Private liability insurance
Brivido recommends (mandatory) to the customer to have a private liability insurance (Private RC).
The private RC usually also covers the damage you have caused, as a customer, in the rental property. We recommend that you verify if your insurance covers these damages abroad.
Sometimes by bad luck or
inadvertence, a gesture or
consequence can create a serious damage to the property.
Brivido strongly insists on having a private RC that can refund or repair damages caused (always
according to the rules and without serious negligence on your part (such as drug use or a hight blood alcohol level).
16. Entry requirements for the country
Passport, ID, Visa, Health,
Customers and Currency Rules.
As customer, you are the solely responsible for compliance with the current provisions on entry and exit, health, passports and visas, as well as rules on the introduction of pets. You will find travel and
security instructions, entry
provisions, visa and health
requirements on the website of the Ministry of Foreign Affairs.
You can also inquire at the relevant consulates and embassies. All damages, in particular the payment of cancellation fees resulting from non-compliance with these
guidelines, are at your expense, unless they are due to false
information or non-transmission of information on the part of Brivido.
17. Legal venue
17.1 Relations between customers and Brivido Sàrl are governed
exclusively by Swiss law.
Brivido Sàrl can only operate at its headquarters, route de la Moubra 4, 3963 Crans-Montana.
Please note that the terms and conditions in French are valid. Brivido Sàrl declines any
esponsibility in the event of a bad translation.