GENERAL TERMS & CONDITIONS
1. Subject of the agreement
This present General Terms and Conditions regulate the legal relationship between TheSelectionist GmbH (hereinafter referred to as 'TheSelectionist') and its customers (hereinafter referred to as 'guest' or 'guests'). The General Terms and Conditions (hereinafter referred to as 'GTC') apply to all offering and services of TheSelectionist.
1.1 Conclusion of the contract and acceptance of the GTC
By sending the electronic booking request or at the latest upon receipt of the written booking confirmation, the guest declares that he/she fully agrees with the GTC of TheSelectionist. The GTC are available at any time on www.theselectionist.com.
1.2 Customer information
All guests are obliged to fill out their registration forms accurately and in full detail. This entails the following:
Full name or company name
Country of domicile
1.3 Number of guests
The number of guests shall be as mentioned in the booking request. TheSelectionist may charge additional costs for additionally accommodated guests and/or demand the immediate eviction of these additionally accommodated guests.
The following services are included in the rental price:
Fully furnished property with fully equipped kitchen
Bed linen and towels
Utilities as described on the property webpage
Professional cleaning before the guest's arrival and after the guest’s departure
Additional side costs (e.g. electricity, water and heating)
Extra services such as laundry service, daily/weekly cleaning and parking spaces can be ordered additionally by phone, e-mail or directly on the website.
1.5 Data protection
TheSelectionist is entitled to collect, process and use personal data to the extent required for the smooth running of operations. Data will only be stored and transmitted to third parties to the extent necessary. In case of enquiry, all guests entitle TheSelectionist to give accurate information about their stay to the police or other authorities, which complies with GDPR regulations.
1.6 Property pictures
Although TheSelectionist puts much effort into depicting every property accurately, the actual properties could differ from those shown on the pictures.
1.7 Property viewing and right of access
TheSelectionist reserves the right to enter the properties at any time without giving any reason. In order to avoid unannounced entry to the property, TheSelectionist shall pre-inform the current guest (unless in case of emergency). The guest is aware that TheSelectionist has the necessary keys. The guest is not permitted to deny TheSelectionist access to the property.
2. Start of contract, contract period, adjustment of booking and termination
2.1 Start of the contract
A booking is confirmed after TheSelectionist has issued the booking confirmation.
2.2 Duration of the contract
One property is available for the booked period as stated in the booking confirmation. The guest has no right to use the property beyond this period.
2.3 Changes to the booking and booking extension
TheSelectionist may alter the price or apply other changes to the booking due to construction works or ongoing renovations. The guests will be informed in advance and in a written form about any planned modifications.
A potential interest in extension of a booking can be communicated at any point during the stay but is subject to availability. A booking adjustment (concerning arrival or departure date, duration of stay, type of property, additional services) is only valid with the agreement of TheSelectionist.
A termination of a booking prior to the guest's arrival is possible according to the relevant booking policy. However, a cancellation fee may occur.
2.5 Termination of temporary leases
The duration of a temporary lease is fixed in advance and the booking cannot be cancelled, unless an alternative and suitable guest who takes over the property is presented.
2.6 Termination of unlimited leases
The guest is obliged to send the cancellation note of an open booking in a written form (registered mail). Once the booking is cancelled, its end date is fixed for the last day of the following month (e.g. if the cancellation is sent in February, the booking ends on the last day of March). A special case concerns open bookings cancelled in November – the termination on the 31st of December is not possible, therefore they expire one month later, on 31st of January. In order to move out earlier, TheSelectionist’ written permission is required – the guest may then be asked to pay an administration fee of 10% of the total rent, and to settle the payment for nights remaining until the start date of the next booking.
3. Check-in and check-out
3.1 Moving in and moving out
Unless otherwise agreed with TheSelectionist, the property can be occupied and returned as follows:
Check-in: daily as of 3pm
Check-out: daily before 10am
Guests should contact TheSelectionist in order to organize a key-handover; guests may be required to return the keys to the local office or leave them in a dedicated mailbox. Unless agreed with TheSelectionist, delays in vacating the property may entail an additional late check-out fee.
3.2 Cleaning of the property
Full professional cleaning before the guest's arrival and after the guest’s departure is included in the rental cost. Full cleaning includes cleaning of the living area, bathroom, kitchen and a change of bath towels, foot mats and bed sheets.
The guest shall leave the property in an orderly condition. Should the property require an extra effort to be cleaned due to excessive untidiness, the additional time required will be charged and debited to the credit card provided or, if relevant, directly to the deposit. Therefore, all guests are asked to be mindful with the properties of TheSelectionist.
4. Invoices & payments
4.1 Payment obligation of the guest and default
All guests are obliged (unless agreed otherwise) to pay the amounts due before the start date of the booking, as per agreement in the booking policy. If the amounts owed, which are due before the guest moves in, are not paid on time within the payment period indicated on the invoice, TheSelectionist is entitled to withdraw from the contract, i.e. to cancel the booking and to refuse the guest access to the property. In this case all claims of the guest expire. If the guest does not pay a due invoice amount during a stay, he/she is in default from the date of payment. TheSelectionist will request the guest to transfer the amount owed within 5 days. If this period of grace is not observed, TheSelectionist is entitled to cancel the booking with immediate effect, whereby the guest loses the right to stay in the property and must move out with immediate effect (i.e. within one day). All invoices will be sent to the clients per e-mail. Booked additional services might be invoiced separately.
4.2 Security measure, deposit and authorization of credit card charges
TheSelectionist may require the guest to provide valid credit card details, payment of a deposit and/or a copy of the passport as security.
For bookings of 1 to 30 nights, for which no deposit is charged by TheSelectionist, the guest is required to provide valid credit card details. TheSelectionist is entitled to charge the guest's credit card for any damage to the inventory, furniture, property or building as well as for any arrears of payment and other costs (e.g. due to lost keys). By providing his credit card details, the guest agrees that his credit card will be charged with the corresponding costs.
For bookings of 31 nights or more, TheSelectionist may require the guest to transfer a deposit to TheSelectionist deposit account. The amount of the deposit and its due date can be found on the invoice. The deposit does not bear interest and will be refunded to the guest within 30 working days after moving out, provided that all invoices have been settled and there are no damages when moving out. If the deposit is not paid, TheSelectionist is entitled to withdraw from the contract, to assign the property to another party and to demand a cancellation or processing fee from the defaulting guest. Any damage to the inventory, furniture, property or building as well as arrears of payment or other costs (e.g. due to lost keys) will be deducted from the deposit. If applicable, the deposit is refunded within 3 weeks after the check-out, as long as the property is returned in a satisfactory condition and there are no open invoices to be settled.
4.3 Payment method
Booking are possible with payment by credit card or via PayPal.
4.4 Outstanding payments
After the booking’s termination, TheSelectionist reserves the right to cover all outstanding invoices using the deposit (if applicable). Should the deposit amount not be sufficient, guests will be required to settle their open balance within 10 days after the check-out.
5. Liabilities and insurances
5.1 Access code / entry
TheSelectionist takes no responsibility for robbery or vandalism which can happen when guests do not lock the door. What is more, the guests are then financially liable for the damages caused to the property. The key is strictly personal. In case of loss guests should contact TheSelectionist immediately. TheSelectionist reserves the right to charge the customers for the emergency of delivering a new key.
5.2 Apartment inventory
All guests are obliged to check the property inventory list, when provided. Should there be no defects, deviations or damages reported within 3 working days after the check-in, TheSelectionist will assume that the inventory list is accurate. Tenants take full financial responsibility for non-reported damages and are expected to settle all damage invoices within 10 days.
5.3 Damages and losses
In case of loss of keys and damages, loss or destruction of the inventory, the furniture, the property or the building by the guest or by third persons, the guest is fully liable for any resulting damages. The guest is also liable for damages resulting from lack of care, smoking and misuse. Theft, willful damage to property and other offences in connection with TheSelectionist's home will be reported immediately and, in this case, TheSelectionist is entitled to cancel the booking without notice.
5.4 Disclaimer of liability
TheSelectionist is not liable for the following damages:
Any damage caused by the guest
Personal injury caused by the use of the property or the inventory (e.g. by using the kitchen equipment, such as knives)
Damages of the guests’ belongings left in ancillary rooms
Damages due to disturbances as a result of force majeure, strikes etc.
Damages due to disruptions and interruptions of the Internet connection as well as damages resulting from the use the network (e.g. spam, viruses, spy software); the guest has no right to a refund; internet problems must be reported to TheSelectionist during office hours
Damage to and/or loss of personal belongings and furniture of the guest (e.g. luggage, clothes, valuables, furniture, vehicles, etc.), which are stored in the property or in/around the building
TheSelectionist shall not be responsible for any damages, theft or loss of personal belongings (including the cars of the guests) as well as other risks such as accident, illness, water and fire. Private liability insurance is the responsibility of the guest and is compulsory.
5.6 Registration with authorities
The guest is responsible and obliged to register with the relevant authorities, when requested, in the legally defined time period.
5.7 Fire alarm in all buildings
If the fire alarm is triggered unnecessarily due to the guest’s fault, TheSelectionist is entitled to charge the guest for costs of fire department and/ or police intervention.
6. Property use
6.1 General information and house rules
The guest undertakes to treat the property, the generally accessible rooms as well as the inventory, furniture and equipment with the greatest possible care. The instructions for use of the appliances (e.g. washing machine) are to be followed. The property is only to be used for the intended purpose (as a private living space).
Guests must respect the following rules:
Noise policy: from 22.00 to 07.00 o'clock, room volume must be maintained in all properties
Ancillary rooms: when using the general ancillary rooms (e.g. washroom), the staircase, lifts and all corridors, the guest must take into account the needs of other guests and keep them clean; the storage of personal belongings in these rooms is prohibited, as they block the way in case of an emergency/fire and hinder the evacuation (e.g. bicycles in the staircase)
Waste: the waste must be deposited in accordance with the local rules
Smoking: smoking is generally not permitted in the properties of TheSelectionist
Pets: TheSelectionist reserves the right to grant or refuse permission to bring pets depending on the property; the guests are asked to inform TheSelectionist what kind of pet they have and what company has the pet been insured at; please note that a higher deposit and extra cleaning costs will be required for sanitization of the property
Possession of drugs and firearms: consumption of drugs and possession of firearms or other weapons on TheSelectionist premises is strictly prohibited; non-compliance with this rule will result in an immediate eviction of the guest and in notification of local authorities
Fire: in case of fire it is forbidden to use the lift; in this case, use the emergency exits in the stairwell which are signposted
Noncompliance with these rules will result in a penalty fee and, in extreme cases, the damage done to the property (e.g. smoke) may entail additional charges.
6.2 Use and subletting
In addition to the booked property, the guest has the right to use the ancillary rooms not designated as private (e.g. washroom or drinks cellar). Parking spaces are only available free of charge for loading and unloading. Any further use of the parking spaces is subject to booking and payment. When booking a parking space, the guest will be allocated a fixed parking space.
The guest is not allowed to sublet the property to third parties or to let it to third parties. It is not permitted to carry on business in the properties. In the event of a violation of guest rights and the obligations mentioned in these GTC, TheSelectioist has the right to cancel the booking immediately or to dissolve an existing contractual relationship without notice and, if the guest refuses to move out immediately, to have the guest expelled without further notice.
6.3 Construction, repair and maintenance
No structural changes may be made in the property or in the generally accessible rooms. Shall some repair or maintenance be carried, the guest must first inform and agree with TheSelectionist.
6.4 Commercial ban
Any use of the property for commercial or business-related purposes is strictly prohibited. In case of a proven violation of this rule, TheSelectionist will immediately terminate the booking.
7. Camera Surveillance
Camera surveillance is put to use for safety of some of the buildings and for personal safety of each guest. In accordance to data protection laws, the recordings are only handed over to the authorities in case of criminal proceedings.
In case of emergencies like fire alarms, water pipe breakages, complete blackouts or similar instances, guests should contact immediately the TheSelectionist as per the contact details on the website or booking confirmation form (+41796162359 or firstname.lastname@example.org).
In case of health emergencies or threats, the police, the local emergency doctor, the ambulance service or the international emergency number must be called directly.
Repairs are normally carried out, depending on the urgency, from Monday to Friday from 08.00 to 17.00 o'clock. Special operations caused by the guest (e.g. lost keys) must be dealt with by the guest himself. If in such a case a service is provided by TheSelectionist, the guest will be charged a processing fee depending on the effort involved.
9. Severability clause
Should individual provisions of these GTC be invalid, the remaining provisions shall remain unaffected. The parties will then endeavour to find a permissible provision that comes as close as possible to the intended provision.
10. Amendments and additions to the GTC
Changes or additions to the GTC can be made at any time by TheSelectionist without prior notice.
11. Communication and writing
All communication of TheSelectionist (incl. booking confirmation, invoices etc.) is always done by e-mail. The booking confirmation issued by TheSelectionist contains all agreements made regarding a booking. Any change or addition to these must be made in writing to be valid. E-mails fulfil the written form requirement.
12. Applicable law and place of jurisdiction
The Parties agree that this Agreement shall be governed by Swiss substantive law and the exclusive place of jurisdiction with respect to this agreement shall be the competent court of the Canton of Geneva.