Powder Byrne Schwyz GmbH

Terms & Conditions of Service

Applicable to all Powder Byrne Schwyz GmbH properties.

This Rental & Property Agreement relates to all managed properties including rentals secured by Powder Byrne Schwyz. These terms and conditions set out below are between Powder Byrne Schwyz GmbH (PBS) and the property owner.

  1. General Terms

PBS provides property management services to owners (or “Members” or “Clients”) in Switzerland, with clients granting explicit permission for PBS to act on their behalf in various capacities, such as bill payments, property rentals organisation, and coordination of cleaning and laundry services through approved suppliers. Additionally, PBS engages in liaising with property and utility suppliers and other related services on behalf of clients. Clients, in turn, commit to indemnifying and holding harmless PBS from all liabilities, costs, expenses, damages, and losses. This indemnification covers direct, indirect, or consequential losses, along with associated interests, penalties, as well as reasonable legal and professional costs and expenses.

2. Owner Obligations

The Owner shall:

  • Provide PBS with at least 2 keys to the Property (including the main entrance to the building in which it is situated), unless otherwise agreed, to enable PBS to manage the property, lettings and associated services. You agree to indemnify PBS who will accept no liability for the loss of keys and in the event of a lost key will not change the locks on the building. Owners must confirm they have key insurance.
  • Provide PBS with keys and allow access to the property at least two days in advance of any rental guests.
  • Comply with legal obligations to keep the Property in good repair and carry out all necessary works to a reasonable standard and at the earliest opportunity.
  • Ensure that the fixtures, fittings, and equipment are maintained to a high standard including linen and towels.
  • Provide sufficient kitchen equipment for the agreed maximum number of occupants for the Property.
  • Take all reasonable steps to ensure that the property is safe and that the guests’ occupation of it will be safe, including providing clear health and safety information for all guests.
  • Be responsible for obtaining advice on, and complying with, local legislation relating to fire safety.
  • Be responsible for ensuring that the Property and its contents comply with applicable laws and regulations relating to electrical equipment.
  • Ensure sufficient insurance including public liability insurance.
  • Be responsible for informing insurers that the Property is used for holiday lets and provide copies of the insurance to PBS on request.
  • Permit PBS to recommend suppliers for services such as laundry and cleaning.
  • Permit PBS or its nominated agent to carry out regular health and safety audits of the Property.
  • Carry out any rectification/remedial work (within specified timescales) which may be required as a result of any audits carried out by or on behalf of PBS.
  • Advise PBS immediately of any health and safety incident or issue at the Property and complete all relevant incident forms.
  • Be solely responsible for obtaining advice on, and payment of, any taxation which is due in connection with the use of the Property for holiday lets.
  • Keep PBS indemnified against all liabilities, costs, expenses, damages, and losses including all penalties, legal and other reasonable professional costs suffered or incurred by PBS arising out of or in connection with acting on behalf of the owner unless they are due to negligence, fraud or breach of contract by PBS.
  • Permit PBS to perform, an annual review of apartment insurance policies to examine whether there is adequate cover in place. It is the Owner’s responsibility to ensure the apartment is fully insured with adequate cover.
  • Permit PBS, or its nominated supplier, to support Member with carrying out the health and safety audits of the Property which adheres to Powder Byrne Health & Safety Policies. Owners are responsible for ensuring this and making any required or suggested changes to the Property with regard to Health & Safety Policies.

3. Rentals

  1. Pricing
  • The price charged by PBS (or the partner as the case may be) to the guest on behalf of the Owner will be a “gross price per week” or “gross price per night” for the Property.
  • PBS shall determine the rental price on behalf of the Owner
  • Powder Byrne will present the Owner with their net rental rates and any additional pax rates in Swiss Francs at the beginning of the season. All net rates are confidential between the Owner and Powder Byrne.
  • The net rental rates are based on a rental for 4 people (pax). The net income rate for additional pax is additionally confirmed. Where a rental party is 6 or more people, the 6th person stays free of charge.
  • If a Powder Byrne rental is for less than 4 people (pax), the net income rates on a rental for 4 people (pax) will still be applied.
  • The Powder Byrne sales price presented to the guest will be a “gross price per week” incorporating all services, taxes, and cleaning.
  • During the low season, PBS will be able to offer a nightly rate on a pro-rata basis.

b. Commission

  • PBS will receive a minimum of 25% of the net accommodation income (plus MwST on that income) for each rental. The net accommodation income is the gross sales price excluding all other costs such as cleaning, platform fees, and other services fees.

c. Rental Channels

  • Owners give PBS exclusive permission to rent the owner’s property and market it.
  • PBS may use channel management companies, tour operators (Powder Byrne) and other partner channels.

d. Availability

  • The Owner shall confirm the availability of “High Season” weeks for their Property by 31st March each year for the following winter season. “High Season” weeks, include Christmas, New Year, February half term, and the Easter holiday weeks. Where an Owner fails to confirm availability by this date, PBS has a responsibility to prioritise any open enquiries, quotes, or bookings to Owners who have confirmed availability.
  • The assumption is that all Owners will let their properties during the year. The property will be referred to as being “on Allocation” to PBS.
  • PBS will treat a property “on Allocation”, as available and will take bookings with prior consultation with the Member.
  • If the Member would like to change the availability of the Property, the Member must do so in writing with reasonable notice and PBS will take it “off Allocation”, subject to any pending enquiries and existing bookings.
  • Once a booking has been secured, PBS will inform the Member of confirmation.
  • If the Member fails to make the Property available following a booking, or up to the Health & Safety standards required, the Member will be responsible for:
    • Refunding the price paid by the guest.Paying Powder Byrne (or the Partner as the case may be) a sum equal to 25% of the amount of the refund.
    • Any difference in cost for a new booking for the guest (including accommodation, flight costs, ski passes, taxis, ski instruction)

e. Payments & Cancellation Policy

  • PBS will monitor payments due from guests booking the Property and will make the best endeavours that the Owner receives all payments due from guests.
  • If a guest cancels a booking, PBS will use reasonable endeavours to ensure that the Member receives from the guest a cancellation fee as follows:
    • If cancellation is more than 8 days before the start date for the booking – no cancellation fee.
    • If cancellation occurs between 7 and 3 days before the start date for the booking – the cancellation fee equal to 50% of the agreed rental fee.
    • If cancellation occurs 2 days or less before the start date for the booking – the cancellation fee equal to 100% of the agreed rental fee.
    • If PBS is forced to cancel a rental due to government policy, lockdown, severe travel disruption, or health and safety concerns there will be no cancellation fee.
  • PBS will pay the Owner the net rate at least 14 days after the rental guest has checked out of the apartment.

f. Damage Deposit

  • All rental guests will pay a refundable security/damage deposit as part of their booking price which is determined by PBS.
  • PBS shall retain the damage deposit on behalf of the Owner.
  • Owners will have two weeks (14 days) from the guest checkout to raise any concerns over damage. After this period it will not be possible to charge damage to rental guests. PBS will release the damage deposit after this period back to rental guests.
  • PBS and Powder Byrne staff shall not be held responsible for any damage to the Property and its contents caused during rental guests’ stay. This includes not seeing or missing any damage from pre-rental and post-rental checks.
  • PBS will ensure to rent linen (including towels) for rental guests.
  • PBS will use reasonable endeavours to assist the Owner in collecting any outstanding charges owed by a guest but will not be responsible for the payment of such charges.

4. Provision of Information & Marketing

  • The Owner warrants to PBS that all the information the Owner provides is correct to the best of the Owner’s knowledge and belief.
  • The Owner will inform PBS of any major changes to the Property that may impact the details provided by PBS to partners and prospective guests.
  • PBS has the exclusive rights to advertise and market the Property for rental enquires in any way, and through any means, that they consider appropriate including in brochures and on the internet.
  • Owners will agree with PBS any special rates for hosting press trips, marketing trips, familiarisation tours or competitions.
  • PBS is unable to guarantee the suitability of any guest

5. Confirmations & Changes

  • PBS reserves the right to make changes to the terms of this agreement at any time.
  • Any changes will be reflected in these terms. The Rental & Property Agreement will made available in communication with owners through email signatures.
  • All property management and rental services are subject to the Rental & Property terms and conditions. By authorising a service or confirming a rental booking the Owner is accepting these Rental & Property Agreement terms and conditions of service.