**General Terms and Conditions (GTC)**

1. **General**

These General Terms and Conditions (GTC) apply to all services provided by ImmoTwister GmbH, located at Rugenparkstrasse 2, 3800 Interlaken, Switzerland, registered in the commercial register under UID: CH-421.345.599 / CH-ID: CH-036-4062738-9

(hereinafter referred to as "ImmoTwister GmbH"), to the guest who avails of the services (hereinafter referred to as the "Contracting Party"). ImmoTwister GmbH's services mainly consist of providing paid accommodation (studios, apartments, and rooms).

2. **Reservation and Conclusion of Contract**

2.1 The Contracting Party can book the rental property with ImmoTwister GmbH via telephone, orally, in writing, by email, or through the internet. Upon receipt of the booking by ImmoTwister GmbH, the contract with ImmoTwister GmbH is considered concluded.

From this moment, the rights and obligations under the contract and these GTC become effective for the Contracting Party and ImmoTwister GmbH.

2.2 The Contracting Party will receive a reservation confirmation from ImmoTwister GmbH. The information in the reservation confirmation (specifically rental property, occupancy, duration, rental price, payment deadline, cancellation conditions) is binding.

3. **Check-in and Check-out / Pets**

3.1 The rental property is available from 4:00 PM on the day of arrival and must be vacated by 10:00 AM on the day of departure. Early arrival or late departure requires prior approval from ImmoTwister GmbH.

3.2 If the rental property is not taken over or is vacatedp rematurely, the entire rental price remains due.

3.3 Pets are not allowed in the rental property.

4. **Price / Price Change**

4.1 The prices published by ImmoTwister GmbH are daily rates for the entire rental property. All prices include the currently applicable statutory value-added tax. By booking, the Contracting Party accepts this price.

4.2 The tourist tax is included in the price. Additional services are not included in the price.

4.3 Price changes compared to published prices are reserved. The information in the reservation confirmation is binding. Price adjustments are reserved if the Contracting Party makes changes to the order, especially regarding the number of guests or the rental period.

5. **Payment Conditions**

5.1 Unless otherwise specified in the reservation confirmation, the following payment conditions apply to the Contracting Party:

- For a non-refundable contract, the price is due for payment at the time of booking.

- For a refundable contract, the price is due for payment 30 days before the start of the rental period. If the booking of a refundable contract occurs after the 30th day before the start of the rental period, the price is due for payment at the time of booking.

5.2 The deadlines mentioned in the reservation confirmation and in clause 5.1 of these GTC are expiration dates within the meaning of Article 102 of the Swiss Code of Obligations.

5.3 In the event of late or incomplete payment, ImmoTwister GmbH has the right to withdraw from the contract if the contract has not lapsed according to clause 2.3. In the event of withdrawal, the Contracting Party owes ImmoTwister GmbH a lump-sum compensation, the

amount of which is calculated according to clause 6 of these GTC.

5.4 All payments must be made without deduction and without discount. The costs of the money transaction (e.g., bank charges) are borne by the Contracting Party. The terms and conditions of the card companies apply to credit and debit cards.

5.5 ImmoTwister GmbH is entitled to refuse foreign currency, checks, and credit cards. If foreign currency is accepted, it will be accepted at the daily rate, and the Contracting Party is responsible for all related costs.

5.6 If the Contracting Party uses a credit card without physically presenting it (e.g., over the phone, internet, etc.) for payment of ImmoTwister GmbH products with an obligation of advance payment, the Contracting Party is not entitled to revoke this charge to their credit card

company.

6. **Cancellation by Contracting Party

6.1 If the Contracting Party cancels the contract in whole or in part (for example, by reducing the scope of the contract), they owe ImmoTwister GmbH a cancellation fee within the meaning of Article 158 of the Swiss Code of Obligations, unless the (partial) cancellation was caused by ImmoTwister GmbH's fault. The amount of the cancellation fee is:

- Full refund for cancellations up to 30 days before check-in. Guests who booked less than 30 days before the check-in date will not be refunded.

6.2 The receipt of the cancellation declaration by ImmoTwister GmbH (in the case of Sundays or public holidays, the next working day is decisive).

6.3 If the Contracting Party has concluded a non-refundable contract, they owe ImmoTwister GmbH 100% of the rental price regardless of the time of cancellation.

7. **Termination / Termination by ImmoTwister GmbH**

7.1 ImmoTwister GmbH is entitled to terminate the contract or cancel the contract with immediate effect in accordance with statutory regulations. Termination is particularly permissible if:

- The Contracting Party does not provide a due service.

- The performance of the contract by ImmoTwister GmbH is impossible due to force majeure, strike, sale of the property by the owner, or other circumstances not attributable to ImmoTwister GmbH.

- The Contracting Party provides misleading or false information on essential data.

- The Contracting Party or a person attributable to them films, photographs, copies, duplicates, or otherwise uses the name, sign, company, or trademark of ImmoTwister GmbH without prior written consent from ImmoTwister GmbH and makes it accessible to another (closed or open) group of people or intends to do so.

- The premises subject to the contract are sublet in whole or in part without the written consent of ImmoTwister GmbH.

- ImmoTwister GmbH has reasonable grounds to believe that the use of the booked service may endanger the smooth operation of business, the safety, or the reputation of ImmoTwister GmbH in the public eye.

- The Contracting Party or a person attributable to them significantly violates the obligations under Clauses 8.2 and 8.3 (care and consideration).

- The Contracting Party, by reckless, offensive, or otherwise grossly improper behavior towards ImmoTwister GmbH or its employees, or commits an act punishable by law against property, morality, or physical integrity, where an attempt and reasonable suspicion suffice.

7.2 ImmoTwister GmbH must inform the Contracting Party immediately, but no later than 14 days after becoming aware of the reason for the termination/cancellation. The justified termination of the contract by ImmoTwister GmbH does not give rise to any claims by the contracting Party for a refund of the rental price, damages, or other services. ImmoTwister GmbH reserves the right to claim compensation from the Contracting Party for any damage caused by the termination/cancellation.

8. **Duties and Liability of the Contracting Party**

8.1 The rental  property may only beoccupied by the number of persons (including children and infants) stated in the reservation confirmation. In the event of over-occupancy, ImmoTwister GmbH has the right to refuse the handover of the rental property.

8.2 The rental property, including the equipment (furniture, appliances, etc.), must be used with care. Consideration must be given to neighbors and residents. Cleaning the kitchen equipment, dishes, cutlery, and waste disposal is the responsibility of the Contracting Party and is not included in the final cleaning.

8.3 If the Contracting Party or a person attributable to hem causes damage, this must be reported to ImmoTwister GmbH immediately. The Contracting Party is liable for damages caused by them or a person attributable to them. The same applies if the apartment cannot be handed over to future Contracting Parties due to damage caused.

8.4 **Loss of Keys** In case of loss of one or more apartment keys during the rental period, the Contracting Party is fully liable for the replacement.

9. **Warranty and Liability of ImmoTwister GmbH**

9.1 If the property is not in a contractual condition, this must be reported to ImmoTwister GmbH immediately. If defects in the rental property are not reported immediately upon arrival, the rental property is presumed to be free of defects. If defects occur during the rental period,

these must also be reported immediately to ImmoTwister GmbH. Any claims must be notified to ImmoTwister GmbH in writing no later than 14 days after the contractual end of the rental period and the necessary evidence (photos, etc.) must be provided. If the Contracting Party does not comply with the above rules, they forfeit all claims for damages.

9.2 ImmoTwister GmbH guarantees a rental property in accordance with the contract. If the rental property is not in accordance with the contract, ImmoTwister GmbH has the right to offer the Contracting Party an equivalent replacement property. If the Contracting Party rejects this, they have no claims for damages against ImmoTwister GmbH. If ImmoTwister GmbH cannot offer the Contracting Party an equivalent replacement property, the liability of ImmoTwister GmbH is governed by the following provisions.

9.3 ImmoTwister GmbH is only liable for culpability. To the extent permitted by law, liability of ImmoTwister GmbH for negligence is excluded. Liability of ImmoTwister GmbH for auxiliary persons is excluded.

9.4 The liability of ImmoTwister GmbH for damages other than personal injury is limited to the rental price, minus the services already provided, with the claims of all injured persons being added together.

9.5 ImmoTwister GmbH is not liable for wasted vacation time, lost holiday pleasure, frustration damages, and the like.

9.6 ImmoTwister GmbH is not liable, in particular, if the damage is due to:

- Actions or omissions of the Contracting Party or a person attributable to them;

- Actions of third parties;

- Force majeure;

- Other unforeseeable and avoidable events;

- Damages and losses due to burglary

9.7 These provisions apply analogously to non-contractual liability.

10. **Data Protection**

The Contracting Party agrees that the data provided as part of the booking may be used by ImmoTwister GmbH for the purpose of fulfilling the contract, accounting, as well as for internal market research and marketing purposes, also using automation. The Contracting Party must address their justified and reasoned requests for information, correction, deletion, or objection regarding data stored about them in writing to ImmoTwister GmbH, whereby the Contracting Party consents to their request being processed by email by ImmoTwister GmbH. Furthermore, reference is made to the privacy policy on www.immotwister.ch

11. **Choice of Law and Jurisdiction**

11.1 This contract is subject to Swiss formal and substantive law, excluding the UN Sales Convention.

11.2 For all disputes arising from or in connection with this contract, its breach, termination, or invalidity, as well as for non-contractual claims, only the court at the registered office of ImmoTwister GmbH (jurisdiction Interlaken/BE, Switzerland) is competent, whereby

ImmoTwister GmbH is entitled to assert its rights and claims at any other localand materially competent court.

11.3 The provisions on local jurisdiction in consumer contracts remain reserved.