1. General

(1) If you use this website, you enter into a contractual obligation with Holiday Innovation SA, a Swiss company based in via arch. Rino Tami 18, 6924 Sorengo, Switzerland, which manages this website wowhomes.ch (the “Website” or “Platform”) and all bookings received.

(2) In these general terms and conditions ("T&C"), reference is made to our company with "WowHomes", "we", "us", "our" etc. The T&C form the basis between us and you for the use of the platform and for all of our offers. We ask that you read these carefully as they explain our and your rights and obligations.

(3) Offers for holiday apartments and holiday homes and other accommodation options from third parties ("offers" or "real estate") that cooperate with WowHomes are displayed on the platform. WowHomes acts as an intermediary. No package tours or associated travel services are brokered.

(4) End users can use the platform to search for offers and make enquiries or book directly on the platform.

(5) The platform may only be used for private purposes. In particular, the platform may not be used for abusive or fraudulent purposes.

(6) WowHomes reserves the right to exclude users from using the platform in certain cases, in particular

- a violation of these T&C,

- accessing the Platform through a manual or automated process for a purpose other than personal use or inclusion of WowHomes in a search index,

- access to the Platform through automated systems or data extraction software (so-called “screen scraping”), whether for commercial or non-commercial purposes,

- a circumvention of existing restrictions in robot exclusion headers or other measures intended to prevent or restrict access to the platform,

- use of any device, software or program that interferes or attempts to interfere with the functioning of the Platform, or

- Taking any action that imposes an unreasonable load on WowHomes servers, computers or network.

2. WowHomes Services

(1) WowHomes is a technical service provider and enables the search for offers and the direct booking of offers via the platform. WowHomes does not publish its own listings.

(2) WowHomes offers users the opportunity to specifically search the offers made by providers on the platform. After a search, WowHomes offers a direct booking option for the respective offer for users on the platform (“booking” or “direct booking”). WowHomes is not the provider of the offers shown. WowHomes acts only as a search service or agent for bookings.

(3) Providers make the offers available on the basis of cooperation or license agreements that authorize the use and dissemination of the respective content, prices and availability on the platform to advertise the offers.

(4) WowHomes is entitled to have services provided by third parties.

(5) WowHomes will deactivate or restrict access to the platform for maintenance work or other purposes if necessary. Users are not entitled to uninterrupted availability of the platform.

3. Contractual relationships and processing

(1) Contracts regarding the booking or renting of accommodation in the offers are only concluded between the respective provider or accommodation provider and the user. WowHomes remains unaffected by contractual regulations, agreements or claims between the user and the provider and assumes no guarantee for the proper fulfillment of the accommodation service to the user. For bookings/enquiries or rentals, the contractual conditions of the respective provider apply exclusively (and in individual cases plus those of the respective accommodation provider if the provider does not rent the accommodation directly), in particular with regard to the right of revocation and withdrawal.

(2) In order to grant access to a property, the respective provider usually requires the signing of a written rental agreement, which is based on a standard version available under this link. This will be emailed to you by us on behalf of the provider using an electronic signature tool a few days before your arrival. By making a booking through our website, you confirm that you have read, understood and accepted the Rental Agreement and undertake to sign it if requested by the Provider. You are aware that if your signature is refused, access to the property will not be granted and you will lose any right to a refund of any rent already paid.

4. Booking a property

(1) You can make your booking online via an online portal that offers our properties. We will then register your booking in our system and inform you by e-mail about the further procedure. We will also provide you with the access data for your customer area on our website. There you can purchase additional services, also from other providers, if required.

(2) You can also make a booking directly online via our website. Online bookings are confirmed immediately; you can pay by credit card or bank transfer. Like all other bookings, online bookings are subject to these General Terms and Conditions and in particular to the payment and cancellation conditions listed below. When booking online you must ensure that you have done sufficient research on the property and local area to ensure that it suits your requirements. If you have any special requirements, please contact us before booking.

(3) For all bookings, the main guest must be at least 18 years old at the time of booking and must be authorized by all other guests in the group to make the booking. Lead guest is responsible for timely payment. All communication regarding the booking will be sent to the lead guest.

(4) As soon as we have received all the required payments from you, we will confirm your stay in the property on behalf of the provider. Please review all communications you receive from us and report any errors to us immediately. Incorrect information could not be changed later or could only be changed for a fee. We cannot accept responsibility for errors not reported to us within ten days of transmission to you.

(5) Before your arrival, you are obliged to use our online check-in tool to report the personal data of everyone in your travel group. Please note that the provider must report this information to the responsible authorities (e.g. police) depending on the legal situation.

(6) The use of the property and the associated land is reserved for the guests that you have reported before your arrival. You may only grant access to external persons (e.g. friends or suppliers) if the provider has given prior written permission.

5. Prices

(1) The prices stated in the offers are set by the providers and updated at least daily.

(2) The prices of the offers represent final prices for the rental of the respective offer. Additional costs such as bed linen rental, final cleaning, whirlpool, electricity costs, etc. vary depending on the offer and are stated separately. In some cases, the property and the associated extra services such as bed linen, final cleaning, etc. are offered by different providers.

(3) The fee for using our services (operation of the website, customer service, payment services, etc.) is included in the price shown.

(4) Prices appear in euros on our website; on third-party portals you may also be able to pay in other currencies. You pay the price that is shown to you at the end of the booking process. This also appears on the invoice. Exchange rates between currencies are set and displayed by us or the portal. Unless otherwise stated, deposit and balance payments must be paid in euros.

(5) The maximum occupancy of the properties offered is stated on our website. If you would like to add more people to your booking, please contact us directly. In some cases it might be possible to provide extra beds; there may be an additional charge for this, which we will inform you about.

(6) The providers are entitled to increase or reduce the rental prices as long as you have not yet paid for your booking. Once you have paid the deposit, the rental price is confirmed for the number of people stated in the booking and will not be changed - price errors excepted (in this unlikely event you have the choice of free cancellation or paying the correct price). If you wish to add more people to your booking, this will be treated as a booking change.

6. Payment

(1) In order for the provider to be able to keep the property(s) you have selected free for you, a deposit is due upon booking. As a rule, this is 40% of the amount due for the rent; depending on the tariff, full prepayment is sometimes required when booking through a portal. In the case of a booking less than - depending on the offer - 30 or 15 days before arrival, the full amount is due immediately.

(2) If you wish to make your deposit by credit card, the corresponding amount will usually be debited directly at the time of booking. If you would like to pay by bank transfer, you are obliged to request the transfer no later than the day after booking and then send us a receipt for the transfer. If you let this deadline pass, we are entitled to offer the accommodation elsewhere and can no longer guarantee availability.

(3) WowHomes acts as a payment agent and has been commissioned by the provider to collect your payment. We accept payments by credit card (Visa or MasterCard, some other cards as well), as well as by bank transfer. You must bear any fees for the transfer or currency exchange yourself. This also applies to the exchange rate risk in connection with the payment of the deposit.

(4) Depending on the offer, the remaining payment must be received by us no later than 30 or 15 days before arrival. When paying by credit card, the amount will be automatically debited from your credit card on the due date, unless you have informed us in good time that you wish to pay the amount due by bank transfer; for payments by bank transfer, you are responsible for the timely transfer. If the bank transfer is not received on time, the credit card payment is declined or the full amount is not paid, we reserve the right to cancel your booking without you being entitled to a refund of the deposit.

7. Cancellation by You

(1) In order to cancel your booking, you must inform us as soon as possible in writing by e-mail or other electronic message via a portal. Your cancellation will only be deemed to have been received by us if you have received corresponding feedback from us.

(2) The cancellation policy and fees are determined by the provider and displayed on the website. As a rule, cancellation - depending on the offer - is free of charge up to 30 or 15 days before arrival; in case of cancellation after this period, a cancellation fee will be charged. This corresponds to the sum that you have already paid to us as a deposit and any remaining payment, excluding any extras or the deposit.

(3) Depending on the reason for your cancellation, the cancellation fee could be covered by your travel cancellation insurance. Please address the relevant claims directly to your insurance company. If you wish, we can send you an invoice for the cancellation fee.

8. Modifications by You

(1) If you want to change a booking that has already been made, please let us know as soon as possible. We will work with the provider to try and make your change, but we cannot guarantee that this will be possible. For any change after the free cancellation period has expired, we reserve the right to charge you 30 euros, in addition to any costs incurred by us, the provider or one of our suppliers as a result of the change. If you want to increase the number of guests above the maximum occupancy of the selected property, there will be additional costs if such a high occupancy is possible at all.

(2) If you wish to transfer your booking to another person, this person must agree to these GTC. If we feel that the property is not suitable for that person or any other person in their group, we may refuse the transfer.

(3) If you are unable to comply with these provisions for the transfer, the original booking will be deemed to have been canceled and the relevant costs will become due upon expiration of the deadline (see §7).

(4) If you wish to change the date of your booking, this will be considered a cancellation of the original bookings. If the deadline for the free cancellation has expired, a cancellation fee according to §7 will be due.

9. Changes and cancellation by us or the supplier

(1) It sometimes happens that we have to make changes or correct errors on our website. Rarely does it happen that we or the provider have to cancel bookings, e.g. if a property can no longer be used due to damage. We try to avoid these cases as far as possible, but unfortunately this is not always possible, so we have to reserve this right.

(2) Most changes are minor. However, it sometimes happens that we or the providers have to make “significant changes”.

(3) The following changes are usually significant: the transfer of your booking to a property of a lower standard or in a distant location, the unavailability of an important feature of the property, such as the swimming pool. Changes that are not significant are treated as minor.

(4) If we or the provider are forced to make a significant change or cancellation, we will inform you as soon as possible. If time permits, we or the provider will offer you the choice between the following options:

(for significant changes) choice of the alternative solution proposed by us or the provider;

Booking an alternative property in a similar price range (if the price is lower than the originally selected property, the provider will refund you the difference; conversely, if the new property is more expensive, the provider may charge you the difference, without prejudice to the remainder of these CONDITIONS); or

Cancellation of your booking including full refund of all amounts paid by you.

(5) Please note that these options are not available for minor changes.

(6) Except for refund, we do not pay any compensation in case of cancellation.

(7) It very seldom happens that we or the provider have to end our contract due to force majeure (see §12). This is very unlikely but if it does happen we are unfortunately unable to offer you a refund or any other form of compensation or reimbursement unless we are able to recover the cost from the supplier.

10. User Accounts

(1) For some of the services or functionalities offered on the platform, it is necessary to set up a user account.

(2) A user account can be set up with a personal email address or, if applicable, with a personal profile on a social network. A user account is also created when a user registers for the newsletter or when an offer is booked.

(3) When registering via a social network or via Google, the user account is created with the data transmitted by the social network or Google. Further information can be found in the data protection declaration.

(4) The user must ensure that the information provided about himself is correct and complete. The user is responsible both to WowHomes and to third parties for the use of his user account. Therefore, the user is obliged to treat his user account data confidentially and may not make it available to third parties. The user is obliged to inform WowHomes of any knowledge or suspicion of unauthorized use of his user account.

(5) The user account can be accessed from any device. For this purpose, the user receives a personal login link by e-mail or can use the personal profile of a social network used for registration.

(6) WowHomes reserves the right to temporarily block or irrevocably delete user accounts or to take other necessary measures if the user violates applicable law, these GTC or other applicable contractual terms.

(7) A user account can be deleted by sending an email to bookings -at- wowhomes -.- ch.

11. Privacy

(1) The protection of the personal data provided by users has the highest priority for WowHomes.

(2) WowHomes only collects, processes and uses personal data if the user consents to this or if this is permitted by law. Details can be found in the data protection declaration.

(3) When booking, the required user data is forwarded to the respective provider, with WowHomes and the provider each being independently responsible for data processing within the framework of the respective contractual relationship.

12. Liability

(1) We strive to select all of our properties and providers with the utmost care. We are not liable for the properties or for any services performed by the providers or other third parties (e.g. suppliers, employees, subcontractors, etc.). If you intend to take legal action against us, please remember that it is your responsibility to show that we have failed to exercise due diligence in the selection of a property or supplier.

(2) The providers are responsible for the offers they have placed and linked on the platform and any associated declarations. WowHomes assumes no responsibility for the accuracy of the information provided by the providers or for the timeliness of the data. Accordingly, WowHomes is not liable for the correctness, quality, completeness, reliability or credibility of the content posted by providers. This applies in particular to images in the offers and/or user reviews.

(3) We are not liable for any accident, injury, illness, death, loss, damage, costs or other claims of any kind that do not arise from a breach of the duty of care mentioned in §12.1 in the selection of the properties and suppliers. For example, we are not liable for claims resulting from the following situations:

culpable conduct on your part or on the part of a member of your travel group; or

culpable behavior of a third party that we could not have foreseen or prevented; or

force majeure (see §12.8); or

culpable conduct by any person who is not then working for us or acting on our behalf.

(4) We are not liable for services that we are not contractually obliged to provide. This includes any service or feature that we, a property owner or a supplier perform without our explicitly advertising or contractually guaranteeing it to you.

(5) We have unlimited liability for damages in the event of intent and gross negligence. Liability for simple negligence is excluded with the exception of damage resulting from injury to life, limb or health. In addition, WowHomes is liable for the slightly negligent breach of such obligations, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the contractual partner regularly relies and may rely.

(6) Insofar as the liability of WowHomes is excluded or limited according to paragraph (2), this also applies to the personal liability of its employees, representatives and vicarious agents.

(7) Since we are not the contractual partner for the booking, the regulations of the respective provider apply to cancellations (cancellation or withdrawal). We try, as far as possible, to support users with cancellations as an intermediary. However, we are not responsible for the availability of the offer, the successful implementation and the satisfactory performance of the booked offers. Any claims must be made against the relevant provider.

(8) If user-generated content or contributions from third parties are displayed on the platform, we do not adopt them as our own.

(9) With the exception of the cases listed in these terms and conditions, we unfortunately cannot assume any liability and pay no compensation if we are prevented from performing our contractual obligations due to force majeure. In these terms and conditions, “force majeure” means any event that we or the provider could foresee. This includes actual or threatened events such as war, revolt, strike, terrorism, natural or nuclear disaster, epidemic, severe weather, volcanic eruption, earthquake, fire, flood, airport closure or obstruction, flight cancellation or other similar event beyond our control or that of control of the provider or supplier concerned.

13. Complaints and Problems

(1) In the unlikely event that you are not feeling well as planned and wish to make a complaint or report a problem during your holiday, you must immediately inform us, the Supplier and/or the relevant service provider. If the provider has commissioned us to communicate with you - which is usually the case - the communication must take place via us; direct communication with the provider is not possible. If you write to us, we will endeavor to support you as an intermediary with the provider. Verbal complaints must also be reported to us in writing (e.g. by email or WhatsApp) as quickly as possible. As long as we are not informed of a problem, we cannot take care of the solution with the provider. Most problems can be solved quickly; it is not fair to remain idle during the holiday but to complain after the holiday. However, if after a written complaint you are still unhappy with the solution offered, you must send us a detailed version of your complaint in writing within 30 days of your return, which we will promptly forward to the relevant vendor or service provider.

14. Damage to property

(1) A security deposit is due prior to your arrival. This is normally payable with the final balance 30 or 15 days prior to arrival; we have been obliged by the provider to demand a corresponding payment from you. The amount of the deposit depends on the property, is set by the provider and is stated on our website. The security deposit will be returned to you within seven days of your departure provided the Provider has not reported any damage to the property or any breach of the Rental Agreement between you and the Provider and you have acted in accordance with these Terms and Conditions.

15. House Rules

(1) The providers we work with expect all of our guests to follow the house rules and treat other people with respect. If we, any of our employees, a supplier or its employees, a homeowner or a supplier believe that you or a member of your party are causing harassment or harm to anyone, or your behavior may put anyone at risk, the supplier shall have the right, without notice, to to end the stay of the relevant person(s) in the property immediately. This includes any form of threats, inappropriate behavior whether physical or verbal, abusive language, or any other action that puts our staff, the Providers or their employees, homeowners, other guests or anyone else associated with your holiday at risk . In such a case, the persons concerned must leave the property immediately and may no longer use any services offered. In this case, no refund will be offered by the provider; the providers do not pay any costs incurred by the termination of the stay or vacation.

(2) The providers also have the right to end your stay immediately if guests who have not been notified to us in advance are staying in the property. Amounts and costs already paid will not be reimbursed by the provider.

(3) Unless otherwise stated, parties of any kind and bachelorette parties are prohibited in our suppliers' properties unless they have been previously authorized by the supplier. The supplier may charge an additional fee for hosting a party.

16. Final cleaning and bed linen

(1) Upon your departure, the property must be left perfectly cleaned. Broom clean is not sufficient. The supplier may photograph the property prior to your arrival and expect the property to be in the same condition on your departure as it was when you arrived. If you discover dirt anywhere in the house when you arrive, you must report this in writing within 24 hours of arrival and preferably document it with a photo. Otherwise, the supplier will assume that you caused the dirt and, in this case, may instruct us to deduct the relevant cleaning costs from your deposit.

(2) If you do not want to clean yourself, we can understand this very well. Just let us know and we will pass this request on to the provider or arrange a cleaning company or cleaning person to carry out the cleaning on your behalf. A fee specified by the provider or by the cleaning company or cleaning staff is due for the final cleaning; the payment is processed through us. If you leave the property in an extremely dirty condition or the effort required for cleaning significantly exceeds normal (e.g. because a lot of rubbish was left behind, heavy furniture was moved, etc.), the provider or cleaning company or cleaning person is entitled to charge you for the additional costs.

(3) Please note that the providers usually do not provide bed linen or towels. If you wish to hire bed linen and towels on site, you can request this at the time of booking or at any time thereafter; we will forward your request to the provider or a partner company.

17. Security Standards

(1) The providers of the properties we offer are legally required to comply with all applicable safety standards. You are also required to take out liability insurance to cover any damage you may incur. With the exception of gross negligence on our part, we cannot be held responsible if the providers do not comply.

(2) The properties offered correspond to the safety standards of the country in which the respective property is located. The security standards of this country may not correspond to the standards of your home country and could be lower.

18. Special Needs

(1) Please report special needs and requests before booking. Unfortunately, we cannot guarantee that we will be able to fulfill all requests, even if they are justified - unless we confirm this in writing. If we are unable to respond to your special requests, this does not constitute a breach of contract on our part. Confirmation that we have included your request does not mean that we or the respective provider can also fulfill it. All requests are subject to availability.

(2) We do not accept bookings with reservations, i.e. bookings that only come about if a special request is fulfilled. We treat all bookings as standard bookings.

(3) If you or someone in your travel group is disabled or suffers from an illness that could affect your stay or the booking process, please let us know before you book so that we can advise you on suitable accommodation. If the disability develops or worsens after booking, please inform us immediately.

(4) We are not doctors. Should you require medical assistance during your stay, you should consult local doctors or local hospitals. Doctors or other medical staff may not speak any foreign languages. We are happy to help where necessary, but we cannot be held responsible for the treatment you receive.

19. Animals

(1) Neither we nor the providers can be held responsible for any animals or insects that you will find on the property.

(2) Most of the properties we offer are located in rural areas where animals and insects are native and are as much a part of the landscape as grass and trees. It is not particularly unlikely that you will encounter animals such as mice, deer, goats or cats (wild or from a neighboring property) or insects such as wasps, bees, mosquitoes, gnats, flies, ants, scorpions or spiders during your stay. Animals might be attracted to swimming pools, neighborhood rivers, plants, or leftover food. We recommend keeping windows and doors closed as far as possible and removing leftovers immediately after meals - both inside and outside. Please do not feed any animals; otherwise they could get used to it, return more often and bother the next guests.

(3) If you suffer from an animal allergy, please let us know before booking. We cannot rule out the presence of animals in a property, but in consultation with the relevant providers we can suggest properties where the risk is lower, e.g. because we know that no pets have stayed there. Pets are only allowed if explicitly mentioned in the description of the property.

(4) Neither we nor the providers can accept responsibility for noise or nuisance caused by animals in the neighborhood.

(5) Please be respectful of your neighborhood and refrain from disturbing noise and other nuisances for the neighbors and animals in the area during your stay.

20. Passports, Visas and Health Requirements

(1) You are responsible for having all the documents required for your trip, such as passports and visas. All costs incurred for this are to be borne by you. We cannot accept liability if you are denied arrival due to missing documents or requirements.

21. Information on our website

(1) The information and prices shown on this website or the portals could change or have changed by the time of your booking. We ask our providers to keep information and prices up to date, but errors can still occur from time to time. We therefore recommend that you check all the details of the selected property, including the price, with us at the same time as you make your booking.

(2) When booking online, it is your responsibility to read all the accommodation and local area details carefully to ensure you have selected a property that suits your needs.

(3) The photos on our website are intended to provide a general overview of the standard of the properties on offer. Some details could change up to your booking, e.g. furniture could be changed or the garden could be redesigned. We assume no liability for this.

(4) Some photos that our providers publish on our website show beaches in the vicinity of the properties offered. Please note that natural events such as erosion and storms can reduce or otherwise change beaches, e.g. sand can be washed away or algae can be washed up. We cannot guarantee that you will find the beaches exactly as shown in the photos, although we encourage suppliers to post up-to-date photos.

22. Changes to these T&C

(1) WowHomes reserves the right to change these GTC at any time, subject to a reasonable notice period.

(2) If the user does not object within six weeks after the announcement of the change, the changed GTC are deemed to have been accepted by the user. This circumstance will be pointed out when the change is announced.

23. Final Provisions

(1) Swiss law applies. Place of jurisdiction is Lugano. Unless the protection of consumers is withdrawn by mandatory regulations of the law of the state in which the consumer has his habitual residence, the applicable law only applies to the extent that it is legally binding.

(2) Should any of these general terms and conditions be wholly or partially invalid or contradict the statutory provisions, the validity of the rest of the contract shall not be affected thereby.

(3) The European Commission provides a platform for online dispute resolution, which can be accessed via this link: http://ec.europa.eu/consumers/odr/; WowHomes does not participate in a dispute settlement procedure before a consumer arbitration board and is not obliged to do so.

(This version of the T&C applies to all bookings made on or before 1 January 2022)