Terms and Conditions

General terms and conditions updated July 1st 2020

Please read these Terms and Conditions (the “Terms”) carefully as they contain important information about your legal rights, remedies and obligations. By booking an apartment with Navigare, you agree to be legally bound by these Terms.

These Terms are at all times accessible, in the latest version, through https://navigare-properties.com/terms-and-conditions/

1. Scope

These Terms regulate the legal relationship between Navigare Properties AG (“Navigare” or “we/our(s)”) and its customers (the “Guest” or “you/your(s)”) and shall apply when Navigare rents out its serviced apartments or villas (“Properties”) to the Guest (the “Rental Services”) as well as provides any other services or goods to the Guest. By sending an electronic request and when having received a written confirmation of the booking of an Apartment from Navigare (the “Booking Confirmation”), the Guest confirms that you have read, understood and agrees to be legally bound by these Terms.

Notwithstanding the aforesaid, the Terms are supplementary to the specifications set out in the Booking Confirmation and in case of conflict between a provision in these Terms and the Booking Confirmation, the Booking Confirmation shall take precedence.

Navigare reserves the right to, at our discretion, change and or modify the whole or parts of these Terms at any time without notice and, unless otherwise indicated, such changes will become effective immediately upon posting; therefore, please check these Terms periodically for changes. We will display the effective date of these Terms and Conditions at the top of this page. If such changes have a significant effect on already confirmed bookings, a notice of the new Terms and Conditions will be sent to the Guest.

2. Booking accomodation

2.1 Duration

The Apartment shall be made available to the Guest during the period that was booked by the Guest and confirmed in the Booking Confirmation (the “Rental Period”). The Guest shall have no right to use the Apartment for any other period of time.

2.2 Number of guests

Only the number of persons that was registered by the Guest and confirmed in the Booking Confirmation may stay at the Apartment. Navigare reserves the right to add the cost for any additional guests to the invoice (as set out in Section 3.2), and/or to demand their departure.

2.3 Check-in & check-out

The Apartment will be available from 3:00 p.m. on the day of arrival. On the day of departure, the Guest shall leave the room no later than by 12:00 a.m. Navigare expects the Guest to check-in to the Apartment by 10:00 p.m. at the latest on the day of arrival. If the Guest will arrive later than 10:00 p.m. they are requested to inform Navigare.

2.4 Changes in the booking

Any changes to the Booking Confirmation shall be subject to the approval of Navigare, which may be granted or denied at Navigare’s sole discretion, and the issuance of a new Booking Confirmation.

2.5 Return and final cleaning

The Guest is responsible for leaving the Apartment (including any personal or other property located at the Apartment) in the condition it was in when the Guest arrived. If the condition of the apartment makes a more thorough than usual cleaning necessary, the additional time will be included in the invoice as set out in Section 3.2.

3. Invoice and payment

3.1 Price list

The price of the Rental Services and any additional services provided by Navigare to the Guest shall be as set out in the price list, as amended by Navigare from time to time in its sole discretion. All prices are listed in [CHF or EUR] and include value added tax (“VAT”). Only prices explicitly confirmed by Navigare in the Booking Confirmation are valid towards the Guest. Notwithstanding the aforesaid, any increases in VAT occurring after the Booking Confirmation has been concluded are to be borne by the Guest.

3.2 Payment conditions and late payments

The price to be paid by the Guest for the Rental Services, and the date of payment, shall be set out in the Booking Confirmation and, when applicable, the invoice. For any additional services and/or goods provided by Navigare to the Guest, Navigare shall invoice the Guest according to the price list, as applicable at the time of the services and/or goods being provided to the Guest.

Payment against an invoice shall be made by the Guest within fifteen (15) days from the date of the invoice, or as stated in the booking confirmation. If the Guest fails to pay any invoice that falls due, then the Guest shall be in default. In such event, Navigare shall send the Guest a written reminder to pay the amount owed within seven (7) days. If the Guest do not pay the amount owed within such grace period, Navigare reserves the right to take relevant legal action to recover the amount owed by the Guest and/or to terminate these Terms and the relevant Booking Confirmation immediately.

For any late payment by the Guest, Navigare shall be entitled to charge interest at the rate of [five (5)] % from the due date of the relevant invoice.

Navigare shall in all cases be entitled to request a reasonable advance payment from the Guest. The amount of the advance payment and the date of payment are agreed upon in writing in the Booking Confirmation.

3.3 Currency

For the Properties, rates confirmed in foreign currencies may be converted to local currency by Navigare at your time of stay, based on the exchange rate used by the Property and are subject to exchange rate fluctuations. Credit card charges may be subject to additional currency conversions by banks or credit card companies, which are not within the Navigares control and may impact the amount charged to your credit card.

3.4 Payment methods

For bookings by telephone or email, any amounts owed may be paid by bank transfer, debit or credit card or in cash at the time of check-in, according to the booking confirmation. Cash payment at the time of check-in, however, is only possible if Guest has provided his/her valid credit card information by the payment deadline.

4. Refunds and cancellation

The Guest may cancel a confirmed booking for free and without charge up to fourteen (14) days before the date of arrival. In case of later cancellations or no-shows, Navigare has the right to terminate the relevant Booking Confirmation and rent the Apartment to a third party. In such case, the Guest will be charged for the total amount owed to Navigare relating the booking and no refund will be given.

5. Withdrawal from the contract

Notwithstanding any other rights granted to Navigare under these Terms, Navigare has the right to terminate any relevant Booking Confirmation immediately if the Apartment is being used in violation of the rules set forth in Section 6.1 or if the Apartment or if the Guest otherwise is in breach of these Terms. In case of termination following this Section 5, the Guest and any companion of the Guest will be obliged to move out of the Apartment within a period of twenty-four (24) hours.

6. Overbooking and unforseen circumstances

In the event that a Guest cannot be accommodated due to overbooking, Navigare will attempt to accommodate the Guest, at its expense, at a comparable property in the area for the night(s) for which Navigare is unable to accommodate such guests, and will pay for transportation to that property.

For the period of 30th of January 2021 and 30th of November 2021 the Properties are under development. The Guest hereby understands that this might affect the available services and facilities in Saas-Fee during the Guests stay with Navigare. Navigare might change the reserved Apartment to another Apartment within the resort with short notice and will make this information available to the Guest at a timely manner.

Should Navigare not have the possibility to accommodate the Guest, Navigare will inform the guest as soon as possible and offer a full refund or attempt to accommodate guests, at its expense, at a comparable property in the area for the night(s) for which Navigare is unable to accommodate such guests, and will pay for transportation to that property

7. Use of the apartment

7.1 General rules

The Guest undertakes to treat the Apartment and all common areas and inventory, furniture and appliances with the greatest possible care. Any instructions for the use of appliances (e.g., the washing machine) shall be followed carefully. The Apartment may only be used for the intended purpose as a private living quarter.

7.2 Pets

Liability for material or personal damages caused by pets which are owned by the Guest, or which are otherwise allowed to enter the Apartment by the Guest, shall at all times be the responsibility of the Guest.

Pets are not allowed in all Apartments. If you plan to travel with your pet, you must confirm in writing directly with Navigare that pets are, indeed, accepted. Extra cleaning charges or deposits may apply.

In the event you bring a pet to an Apartment where pets are not allowed, Navigare may, to the extent possible, arrange for you to be accommodated in another property that do accept pets. However, if no such property is available, Navigare has no obligation to allow you to stay in the booked property with the pet, and shall have no responsibility to provide any compensation, if you decide not to use your booking.

7.3 Subletting

The Apartment is reserved exclusively for the registered Guest and any registered companion of the Guest, in accordance with Section 2.2. Any use of the room by third parties shall be subject to the prior written permission from Navigare.

7.4 Smoking

All Apartments managed by Navigare are non-smoking facilities. Smoking is only permitted in the designated outdoor areas. Smoking in the Apartments or at the window and the resulting additional cleaning and ventilation expenses will be charged at the current day rate.

8. Liability of the guest

The Guest shall be solely liable for any lost key or damage, loss or destruction to the inventory, furniture and/or the Apartment caused either by the Guest or by any third party, and Navigare shall not be required to provide any proof of fault or negligence.

9. Limitation of liability

Navigare shall under no circumstances be held liable for;

(i) damage for which Guest is responsible according to Section 8;

(ii) any injury to persons from the use of the Apartment or any inventory (e.g., from use of the kitchen or its contents, such as knives);

(iii) damage caused by force majeure events (as defined in Section 6);

(iv) damage to or loss of Guest’s personal objects or possessions (luggage, clothing, valuables, furniture, vehicles etc.), that are stored in the Apartment or in or around the building.

Kindly also note that Information provided on the Navigare website (the “Site(s)”) may contain technical inaccuracies and typographical errors, including but not limited to inaccuracies relating to pricing or availability applicable to your transaction. Navigare does not assume responsibility or liability for any such inaccuracies, errors or omissions, and shall have no obligation to honor reservations or information affected by such inaccuracies. Navigare reserves the right to make changes, corrections, cancellations and/or improvements to any information, and to the products and programs described in such information, at any time without notice, including after confirmation of a transaction.

10. Complaints

If the Guest incurs damages or is unsatisfied with the services provided by Navigare, the Guest shall report this to Navigare. Complaints shall be made within a reasonable period of time, and no later than six (6) months after the end of the rental period, provided that no longer term is stipulated in any mandatory legal provisions.

11. Force majeure

If the services that Navigare is contractually bound to provide is partially or entirely impeded or made impossible due to a force majeure event or any other circumstances beyond Navigare’s control, Navigare shall have the right to withdraw from the part of these Terms and/or a Booking Confirmation which has not yet been performed by Navigare, either entirely or partially, without incurring any liability on Navigare to compensate the Guest or to repay any amount paid by the Guest.

A “force majeure event”, shall for the purpose of these Terms, include but not be limited to legal measures in the country of operation or abroad, actions by public authorities in the country of operation or abroad, wars, strikes, blockades, sanctions, boycotts, lockouts, fires, accidents, floods, storms and other natural events, political instability or similar situations in country of operation or abroad.

12. Data protection

In connection with Navigare’s contacts with the Guest, Navigare will process any and all personal data of the Guest in according with Navigare’s privacy notice, which is available here https://navigare-properties.com/privacy-notice/

13. Use of navigare website

All content and information displayed on the Sites are Navigare’s property and are collectively referred to as “Navigare Information”. The downloading, reproduction, or re-transmission of Navigare Information, other than for non-commercial individual use, is strictly prohibited, except to the extent permitted with prior written consent by Navigare or by travel agents for business-only purposes.

By submitting any ideas, comments, suggestions or other information to a Chat Room; or to Navigare, related to improvements to the Sites or services related to the Sites; (collectively, the “Feedback”), you agree that such Feedback shall be deemed, and shall remain, Navigare’s property. Navigare shall own all rights related to the Feedback (including without limitation intellectual property rights and moral rights).

Any use of the maps functionality on this site shall be governed by the end user terms of use applicable for the relevant maps application. Navigare shall have no liability for your use of such third-party maps application or for any results, including driving directions, generated by such third-party maps application.

If you choose to leave our Sites via links to other third-party websites, including those of advertisers, these Terms and our privacy notice will no longer apply to your use of the Site. Navigare is not responsible for the terms and conditions or terms of use or privacy policies of any third-party websites, cookies, pixel tags and other similar technologies that they use. In addition, you acknowledge and agree that Navigare is not responsible for the availability of such third-party sites or resources, and that Navigare does not endorse or is responsible or liable for any content, advertising, products, or other materials on or available from such third-party sites or resources.

To the maximum extent permitted by law, Navigare, other members of our group of and affiliated companies and third parties connected to Navigare hereby expressly exclude any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our Sites or in connection with the use, inability to use, or results of the use of our Sites, any websites linked to them and any materials posted on them, including, without limitation any liability for loss of income or revenue; loss of business; loss of profits or contracts; loss of anticipated savings; loss of data; loss of goodwill; and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

14. Severability

In the event any provision of these Terms is wholly or partly invalid, the validity of the Terms as a whole shall not be affected, and the remaining provisions of the Terms shall remain valid.

15. Amendments

Navigare may amend or supplement these GTC at any time without any prior notice to the Guest.

16. Applicable law and dispute resolution

The Agreement shall be governed, construed and enforced in accordance with the laws of Sweden, without regard to its principles of conflict of laws.

Any dispute, controversy or claim arising out of or in connection with these Terms, or the breach, termination or invalidity thereof, shall, to the exclusion of other courts, be finally settled by a court in Sweden and at first instance shall be heard in the Tingrätten Stockholm.

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