1. Scope and General Provisions
These General Terms and Conditions (GTC) of Mountain Flair GmbH, Via Dal Bagn 1, 7500 St. Moritz, Switzerland (hereinafter “Mountain Flair”), apply to all business relationships between Mountain Flair and guests.
Mountain Flair arranges holiday flats, apartments and holiday homes (hereinafter “rental properties”) owned by third parties (hereinafter “landlords”), on their behalf and as their representative, for interested holidaymakers as tenants (hereinafter “guests”). For this purpose, Mountain Flair owns and operates the website www.mountainflair.ch.
These GTC apply primarily; the Swiss Code of Obligations applies subsidiarily. Conflicting, supplementary or deviating terms are only valid if expressly confirmed in writing by Mountain Flair.
By using the services of Mountain Flair and www.mountainflair.ch, or by concluding a contract, the guest confirms full acceptance of these GTC.
Only persons aged 18 or over and legal entities are entitled to make bookings with Mountain Flair.
2. Information provided by Mountain Flair
Brochures and advertising material from Mountain Flair as well as the website www.mountainflair.ch contain information about holiday flats, apartments and holiday homes. Prices and offers are subject to change. All information is non-binding. Mountain Flair endeavours to provide all information correctly, completely, up to date and clearly, but cannot give any express or implied warranty for this.
Mountain Flair cannot guarantee that the services offered can be provided. All information is therefore provided without guarantee and may change at any time without notice.
3. Legal status of Mountain Flair
www.mountainflair.ch is purely an agency platform. Contracts concluded via www.mountainflair.ch are between the landlord of the rental property and guests, never between Mountain Flair and guests. Mountain Flair acts solely on behalf and in the name of the landlord as a direct representative. The rental contracts are concluded between the landlords and the guests. Mountain Flair is merely a direct representative and is under no circumstances a contracting party in relation to the guest. Upon request, Mountain Flair will disclose the identity of the property owner to the tenant.
4. Prices
Unless otherwise stated in an offer, all rental prices are quoted in Swiss francs (CHF), including VAT where applicable. The payment terms are stated in the booking confirmation.
The guest shall pay the full amount before taking over the rental property. Mountain Flair may additionally require a security deposit.
Any security deposit will be offset against ancillary costs and compensation owed by the guest after the end of the rental, and the balance will be paid out to the guest. If there is a positive balance, Mountain Flair may offset it against the remaining payment owed by the guest. The security deposit will be settled within seven days of the return of the rental property.
The rental price includes the basic rent for the agreed rental period, including the costs of heating, electricity, water and, where available, Wi-Fi and TV. Costs for bed linen, towels, garage, parking, booking fee, final cleaning, etc. are charged in accordance with the respective offer, either as a flat rate or at actual cost.
The tourist tax is charged and invoiced separately.
5. Conclusion of contract
The guest places a booking via www.mountainflair.ch and then receives an automatic acknowledgement of receipt. The contract between the landlord and the guest is concluded when Mountain Flair sends the written booking confirmation (by e-mail).
6. Payment
The payment options stated on www.mountainflair.ch are available to the guest.
By choosing an online payment method, the guest authorises Mountain Flair to collect the payment by that method on behalf of the landlord.
Before arrival, the guest is obliged to complete a so-called “pre-check-in” via an online system and to provide their credit card details there. If a deposit is required, the guest authorises Mountain Flair to authorise or reserve it on their credit card. If there are claims for which the deposit is liable, Mountain Flair is entitled to charge the corresponding amount to the guest’s credit card against the deposit.
In the event of late or incomplete payment, Mountain Flair may, on behalf of the landlord, cancel the rental contract at the guest’s expense, re-let the rental property and claim the corresponding cancellation fee in accordance with section 9 below as compensation, offsetting it against any amounts already paid (including any security deposit).
Offsetting the invoiced amount against any claim of the guest against Mountain Flair or the landlord is not permitted.
7. Obligations of the landlord
Unless otherwise agreed, the landlord fulfils their obligation by making the rental property booked by the guest available as contractually agreed.
8. Rights and obligations of the guest
Check-in and check-out times are subject to individual agreement.
The rental property is handed over to the guest clean and in the condition agreed in the contract. If there are defects or the inventory is incomplete at handover, the guest must report this to Mountain Flair immediately. Otherwise, it is presumed that the rental property was handed over in perfect condition.
Mountain Flair is entitled to request an identity document from the guest and all fellow travellers staying overnight in the rental property in order to verify their identity.
The guest is obliged to use the rental property carefully and considerately and to comply with the house rules at all times. The house rules posted in the respective rental property form an integral part of these GTC.
The guest must keep the house key(s) safe and generally refrain from anything that could damage the rental property, the furniture or the fittings. Unless otherwise stated or agreed, smoking is prohibited and pets are not allowed.
Only the persons stated in the rental contract may stay overnight in the rental property. Subletting or assignment of the rental is not permitted.
The rental property may only be used for private holidays. Any commercial or other use is prohibited.
The rental property must be returned on time, in proper condition and with its complete inventory. It must be left swept clean. Heavy soiling must be cleaned before return and the rental property must be tidied.
The guest is responsible for cleaning the kitchen facilities, including crockery, cutlery and kitchen appliances. The kitchen as a whole must be left in a good and clean condition. If the rental property is returned very dirty, untidy or insufficiently cleaned, Mountain Flair may arrange cleaning at the tenant’s expense. The tenant is liable for damage and missing inventory.
All keys must be returned at the end of the rental. If not all keys are returned, considerable claims for damages may arise, for example due to the necessary installation of new door locks.
The guest is liable for damage caused intentionally or negligently to the rental property, the furniture or the fittings by themselves and by persons for whom they are responsible or whom they allow into the rental property.
The landlord reserves the right to further claims for damages (e.g. due to loss of use).
If an internet connection or Wi-Fi is available in the rental property, the tenant is entitled to use it during the rental period. The access data are intended exclusively for the tenant’s personal use.
9. Cancellation by the guest
If the guest withdraws from the contract, Mountain Flair, on behalf of the landlord, charges the following cancellation fees:
Cancellation within 5 days of booking and no later than 35 days before the start of the rental is free of charge (grace period).
The notice of cancellation takes effect on the day it is received by Mountain Flair. Office hours from 09.00 to 17.00 apply. If the rental property is taken over late, the full invoice amount remains payable.
Mountain Flair recommends that the guest take out cancellation insurance.
10. Warranty
Mountain Flair, on behalf of the landlord, hands over to the guest an impeccably prepared and furnished rental property.
Any defects must be reported to Mountain Flair by the guest immediately. Significant defects will be remedied immediately and all other defects as soon as possible.
If the rental property is not ready for occupancy upon the guest’s arrival, Mountain Flair reserves the right to accommodate the guest in another rental property of at least equivalent standard. The rental contract for the original rental property then lapses, and a new rental contract is concluded for the substitute property.
Any additional costs are borne by Mountain Flair. Any difference resulting from lower costs will be refunded to the guest.
Alternatively, the guest is entitled to withdraw from the rental contract. Any payment already made will be refunded; claims for damages are excluded.
11. Liability
Mountain Flair is responsible for a proper reservation. Beyond this, Mountain Flair excludes all liability, regardless of its legal basis, as well as all claims for damages against Mountain Flair. In particular, Mountain Flair is not liable for indirect and consequential damage, loss of profit or other personal injury, property damage or pure financial loss of the guest or third parties. In particular, Mountain Flair is also not liable for the use of swimming pools, children’s playgrounds or sports facilities of any kind (e.g. tennis courts, football pitches, training facilities). Any further mandatory statutory liability, for example for gross negligence or unlawful intent, remains reserved.
The rental contract is concluded between the landlord and the guest. Any warranty and liability claims must be asserted within this contractual relationship. As a direct representative, Mountain Flair rejects any warranty or liability.
12. Force majeure
If timely performance by the landlord is rendered impossible by force majeure, the landlord is released from the affected obligations for the duration of the force majeure and a reasonable period thereafter, and may withdraw from the contract. In this case, the landlord will fully refund to the guest any rent already paid for services not yet provided.
Any further claims, in particular claims for damages due to force majeure, are excluded.
13. Data protection
Mountain Flair is legally obliged to record the personal data of guests and all persons staying overnight (including children) and to forward them to the municipality.
Protecting guests’ personal data is important to Mountain Flair. Mountain Flair takes data protection seriously and ensures appropriate security. Mountain Flair processes and maintains personal data in accordance with the Swiss Federal Act on Data Protection (FADP) and its ordinance, the Telecommunications Act (TCA) and, where applicable, other data protection provisions, in particular the EU General Data Protection Regulation (GDPR).
The guest acknowledges and agrees that Mountain Flair processes their personal data in the course of providing its services and also passes them on to third parties. The guest may object to this consent at any time in writing (e-mail is sufficient).
The guest agrees that Mountain Flair may use their data for advertising purposes (online or print), in particular to send them information about offers.
The guest may object to such advertising at any time by notifying Mountain Flair.
Please also refer to our separate privacy policy.
14. Further provisions
Should individual provisions of these GTC be wholly or partially void and/or ineffective, the validity and/or effectiveness of the remaining provisions or parts thereof shall remain unaffected. The invalid and/or ineffective provisions shall be replaced by provisions that, in a legally effective manner, come economically closest to the meaning and purpose of the invalid and/or ineffective provisions. The same applies to any gaps in these terms.
In the event of disputes, substantive Swiss law applies exclusively, excluding conflict-of-law rules.
The place of jurisdiction, also in the relationship between the landlord and the guest, is St. Moritz, unless mandatory statutory jurisdiction applies.
These GTC are a translation of the German original. In the event of discrepancies, the German version shall prevail.
St. Moritz, 1 October 2026
Via dal Bagn 1
CH-7500 St. Moritz
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