Booking Terms

1.Scope and parties

Smiling House Ltd ("Smiling House") offers an online platform facilitating short-term rental of exclusive private furnished residential homes worldwide (each a "Property") from each Property's respective owner, property manager and/or holiday rental company (each, for these purposes, an "Owner"). Smiling House (either alone or through third-party service providers) will deliver corresponding services relating to the Property throughout the term of your stay.

Each booking of a Property is subject to confirmation by the respective Owner and is entered into between you and the Owner. Payment for bookings, however, is made by you to Smiling House, in Smiling House's capacity as agent of the Owner.

These Booking Terms and Conditions, together with the booking contract signed for each booking (the "Booking Form", and collectively the "Terms"), contain all the terms of your booking. The Terms apply to you and to all guests staying in the Property on your behalf ("Guests").

⚠ Placeholder: confirm the registered legal entity before publishing.

2.Booking process

A booking is valid only upon Smiling House's receipt of:

• a duly completed and signed Booking Form. The signatory must be over 18 years of age;
• if the booking is made 60 days or more before the date of arrival, payment of a deposit of 50% of the total booking price; or
• if the booking is made less than 60 days before arrival, payment of 100% of the total booking price.

Your receipt of a provisional Booking Form constitutes our provisional offer to you. If we do not receive the completed, signed Booking Form within 24 hours, and payment of the required deposit within three working days of your receipt of the Booking Form, our provisional offer will expire, and we will be free to offer the Property to any third party.

Receipt by Smiling House of the complete Booking Form and the required deposit confirms your booking.

3.Security deposit and services deposit

Smiling House requires a security deposit on all bookings, against any breakage or damage to the Property or any adjacent property caused during the rental period. The required amount varies from Property to Property.

If your booking excludes the cost of food, drink and other services that Smiling House will incur on your behalf, a services deposit will also apply in addition to the security deposit. The required services deposit for each Property is disclosed upon booking. Smiling House and/or the Owner reserves the right to use the security deposit and the services deposit to pay any unpaid invoices on your behalf upon your departure.

Both deposits are due two weeks before arrival and are refundable at the latest one month after your departure, less any costs incurred by Smiling House during or in connection with your stay, or the cost of any damage. Repayment may be delayed if the cost of any repair has to be determined.

Deposits are taken as a credit card authorisation or by bank transfer. Should you choose bank transfer rather than credit card authorisation, Smiling House will not be held responsible for any fluctuation in exchange rate; the amount returned will be in the currency of the country where the booking takes place.

4.Balance payment

Full payment of the balance (if applicable) is due 60 days before your date of arrival. If payment is not received by then, we reserve the right to cancel your booking and levy the cancellation charges detailed below.

Should the balance be received after the 60-day point, the amount due is subject to interest of 7% per annum.

5.Payment methods

Deposit and balance payments may be made by (a) bank transfer, (b) credit card or (c) debit card. Details are included in the Booking Form.

For all bookings, the price is fixed in the currency of the country where the booking takes place. For example, bookings in Switzerland are set in Swiss francs; bookings in Austria and France are set in euros.

6.Changes and cancellations by you

If you wish to make any change to your confirmed booking, you must notify Smiling House in writing as soon as possible. We will make every reasonable effort to meet your request but cannot guarantee we will be able to do so. Any modification to your Booking Form is valid only if made in writing and signed by both you and us.

Should you wish to cancel your booking for any reason, this must also be made in writing, and charges will be levied as follows:

• if cancelled more than 60 days before the arrival date, the deposit payment is forfeited;
• if cancelled less than 60 days before the arrival date, the full booking price is forfeited, and 100% of the booking is due and payable to Smiling House.

We strongly advise that you purchase suitable holiday insurance for the duration of your stay, including cancellation insurance, to limit your cancellation risk.

7.Changes and cancellation by us

In the unlikely event that Smiling House makes an alteration of a reasonably material nature (for example, a change of booking date), you have the right to cancel your booking and receive a full refund of monies actually paid.

Notwithstanding the above, Smiling House shall not be liable to refund any money should we be forced to cancel or change your booking due to circumstances constituting Force Majeure. Such circumstances include, but are not limited to, war or threat of war, riot, civil strife, terrorism, industrial disruption, natural disasters, fire, technical problems, adverse weather, governmental action, government travel restrictions imposed for health reasons, and similar events beyond our control.

In the exceptional circumstance that the Property booked is sold and no longer available for rent, you will be notified as soon as possible and all monies paid will be refunded. In such circumstances Smiling House will use all reasonable endeavours to assist you in finding a substitute Property.

Smiling House has the right to cancel your booking, with no refund or compensation, if:

• you do not comply with the payment schedule;
• you or your Guests fail to comply with any of the Terms;
• the group size exceeds the number of guests agreed in the Booking Form;
• you provide misleading or false information — for example, regarding the identity of the Guests.

8.Check-in and check-out times

Check-in on the day of arrival is at 16:00. Check-out on the day of departure is at 10:00.

Unless otherwise agreed, if you do not comply with the check-out time, we reserve the right to withhold your security deposit and charge an amount equal to one day of extra rental, pro rata.

9.Liability for damage to the Property

You are fully liable for any breakage, damage or reduction in value to the Property and/or adjacent properties caused during your stay by you or any of your Guests. Such costs will be deducted from your security and/or services deposit. If the cost of damage exceeds the sum of your deposits, you will be required to pay Smiling House the additional amount. We recommend you ensure your insurance policy covers accidental damage to the Property and its contents.

10.Pricing and Property descriptions

All prices published on the Site are for guidance purposes only. We reserve the right to alter or correct errors in any quoted or published price at any time before the booking is confirmed.

Smiling House uses its best efforts to ensure that all information on the Site relating to Property descriptions, services offered and prices is accurate. In some circumstances changes and errors occur, and Smiling House reserves the right to correct prices or inaccuracies.

The Properties are not hotels and, as such, are not generally classified by tourist authorities or international rating agencies. Luxury properties may not all contain the same facilities or standards if judged by objective criteria.

The Property is provided on an "as-is" basis, and Smiling House and its affiliates, and their respective officers, directors, shareholders, employees, sub-contractors, agents and licensors (collectively, "Smiling House's Representatives") disclaim all warranties of any kind or nature, express or implied, in connection with the Property.

11.Special requests

If you have any special request for auxiliary services, you must inform Smiling House at the time of booking and note it clearly on your Booking Form. Smiling House will use all reasonable efforts to accommodate such requests but cannot guarantee compliance with all of them, and shall not be liable for failure to do so.

12.Use of the Property

You shall use the Property solely for the purpose for which it has been rented to you (personal lodging). You shall not use it for any commercial purpose (including, without limitation, seminars or large parties) unless expressly agreed in writing by Smiling House. You shall not take or use photographs of the Property for any commercial purpose. You shall not sublet the Property under any circumstances.

13.Rules and safety precautions

Safety. The Properties are private homes, not hotels. There are no legal precautionary notices such as those found in hotels. The Property may contain a notice covering rules and security precautions concerning its use or facilities. Please read these carefully where provided — they are an integral part of the Terms. Neither Smiling House nor the respective Owner shall be liable to you or any Guest for any accident or bodily injury caused while staying at the Property.

Children. We will endeavour to inform you of the suitability of the Property for children. However, a Property may not have the same levels of safety measures you have at home, and the supervision of children is your sole responsibility. Neither Smiling House nor any Owner is responsible for children left unattended within a Property.

Wellness area and swimming pool. Use of the wellness area and swimming pool is at your and your Guests' own risk. You and your Guests must comply with any rules and security precautions made available in the Property, and with any instructions given by us or the Owner. The following are strictly prohibited in the wellness and pool area:

• running;
• diving or jumping into the swimming pool or hot tub;
• drinking alcohol, or using the wellness area while under the influence of alcohol or drugs;
• leaving children unsupervised in the wellness area.

Children in the wellness area. Direct, visual and active supervision of children by an adult is essential and is your sole responsibility. Swimming pools, hot tubs and similar facilities in the Properties do not have alarm systems, safety nets or other measures designed to prevent drowning. To ensure the safety of children, the following precautions must be taken:

• never leave young children alone near the swimming pool or hot tub;
• never leave a child alone in the water, even if they can swim, or in a hammam, steam room or sauna. They must always be supervised by an adult capable of saving them in the event of an accident;
• never leave toys or other items floating on the water, as these may encourage children to approach it;
• always fit inflatable armbands or floating costumes on young children.

Swimming pools in the Properties may be shallower than 1.4 m. There are no lifeguards on duty at any Property, and as private facilities, safety equipment may be of a lower standard than you are accustomed to. Cleaning of swimming pools and hot tubs is sometimes necessary. We will try to carry this out at appropriate times to minimise disruption, though in some cases this may be unavoidable.

If you fail to comply with these rules and/or those made available in the Property, Smiling House staff are entitled to prohibit your and your Guests' use of the wellness area and pool for the duration of your stay.

14.Security

You and your Guests must use the Property and its furnishings as they are normally intended to be used. You and your Guests must use the Property conscientiously and avoid any carelessness or negligence. In particular, you must not leave the Property unlocked and unsupervised, to avoid intrusion.

Not all Properties contain safety deposit boxes. If one is required, please inform Smiling House at the time of booking so that we can provide it in time. A charge applies for this service.

Where there is an alarm in the Property, please ensure it is switched on whenever you leave and at night before going to sleep. Failure to do so could determine whether the property's insurance covers any losses in the event of a burglary.

15.Animals

No animals are allowed in the Property without our prior written consent. An increased damage deposit and a one-off cleaning charge will be required as part of that consent. In a number of Properties, animals are prohibited altogether.

If damage is caused to the Property by your animal during your stay, we reserve the right to ban the animal from the Property. If you are found to have an animal in the Property without our prior written consent, Smiling House staff have the right to evict you and all your Guests without refund.

16.Smoking

Smoking is strictly prohibited in all Properties. Both Smiling House and the respective Owner reserve the right to remove from the Property any person breaching this condition, without refund. Where smoking is found to have occurred within a Property, an additional cleaning charge of CHF 2,000 is payable to Smiling House immediately.

17.Property capacity and number of Guests

Each Property has a maximum capacity, detailed on the Site and in the Booking Form. No Property may exceed its maximum capacity unless otherwise agreed in writing by us. Only persons confirmed on the Booking Form may occupy and use the facilities of the Property, unless otherwise agreed in writing by us prior to arrival.

No additional Guests may be invited to eat or stay overnight at the Property without the prior written consent of Smiling House. Where such consent is given, Smiling House reserves the right to charge extra for the additional Guests. Should the number of Guests exceed the maximum capacity, Smiling House reserves the right to refuse you entry to the Property or terminate your occupancy without refund.

18.Keys and fireplaces

On arrival you will be provided with a number of keys for the Property. All keys must be returned to Smiling House staff at the end of your stay. If the same number of keys is not returned, a charge to replace them or to change the locks will be payable to Smiling House, and may be deducted from your security deposit. You are solely responsible for any losses at, or damage to, the Property due to theft if you or your Guests leave the Property unsecured.

Removal of ashes from the fire. Due to the inherent fire hazard, Guests must remove ashes from the fireplace very carefully and at their own risk. If in any doubt, please contact Smiling House to arrange removal.

19.Third-party services

Smiling House may employ the services of third-party suppliers, including, without limitation, chefs, butlers, housekeepers, ski instruction, airport transfers, childcare and babysitting. Any services Smiling House arranges through third-party providers are subject to that third party's terms and conditions.

You are solely liable to pay the costs of any third-party service. All costs must be settled before the end of your stay. Smiling House is not responsible for any outstanding costs due to a third-party supplier, and reserves the right to deduct any such outstanding costs from your security deposit, plus the cost of any taxes and credit card fees due. We make no representations or warranties regarding services provided by any third-party provider.

20.Termination and breach of Terms

If, in the reasonable opinion of Smiling House or the Owner, you or any of your Guests behaves in a manner that is illegal, that causes or is likely to cause danger, excessive disturbance to neighbours or damage to the Property, or that breaches any provision of the Terms, Smiling House may terminate your rental immediately and you will be required to leave the Property at once. In this event you are not entitled to any refund, and you are fully liable for any expenses incurred as a result of your or your Guests' conduct.

If, after the conclusion of these Terms, you do not make the required payments or you violate any other provision of the Terms, the Owner and/or Smiling House reserve the right to terminate these Terms immediately and refuse you access to the Property. In this event, no refund or compensation is due to you from either the Owner or Smiling House. The Owner and Smiling House reserve the right to claim any damages or loss of profit caused to them directly or indirectly by your breach. You will indemnify and hold Smiling House harmless from and against all losses and/or damages arising from any act or default on your part or on the part of any Guest on your behalf.

21.Complaints and problems

We will use our best commercial efforts to ensure you have a trouble-free stay, and to resolve any problems as soon as reasonably possible once informed. If you have reason to be dissatisfied with the Property or with a supplier's service, please contact us during your stay (/contact).

22.Limitation of liability

TO THE FULLEST EXTENT PERMITTED UNDER LAW, IN NO EVENT SHALL SMILING HOUSE AND/OR SMILING HOUSE'S REPRESENTATIVES BE LIABLE TO YOU OR TO OTHERS FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND UNDER ANY LEGAL THEORY, RESULTING FROM OR ARISING OUT OF YOUR USE OR INABILITY TO USE THE PROPERTY, FROM THE FAILURE OF SMILING HOUSE TO PERFORM UNDER THESE TERMS, AND/OR FROM ANY OTHER ACT OR OMISSION OF SMILING HOUSE OR ANY OTHER CAUSE WHATSOEVER, REGARDLESS OF WHETHER SMILING HOUSE HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, SMILING HOUSE'S AND SMILING HOUSE'S REPRESENTATIVES' TOTAL AGGREGATE LIABILITY FOR ALL DAMAGES OR LOSSES WHATSOEVER ARISING HEREUNDER AND/OR IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE PROPERTY SHALL BE LIMITED TO THE AMOUNTS ACTUALLY RECEIVED BY SMILING HOUSE FROM YOU UNDER THESE TERMS.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY AS SET FORTH HEREIN. IN THOSE JURISDICTIONS, THE DISALLOWED EXCLUSIONS SHALL BE REGARDED AS DELETED AND SEVERED FROM THE TERMS.

23.Passport and visa requirements

It is your responsibility to comply with local laws relating to visas and authorisations for the country in which the Property is located. Please contact your local passport and foreign travel office to enquire about passport, visa and health requirements for that country. It is your responsibility to ensure you have all necessary and valid travel documents in your possession.

24.Entire agreement and amendments

The Terms, the list of rules and safety precautions of the Property (where applicable), and all applicable laws constitute the entire understanding and agreement between you and the Owner for the short-term rental of the Property, and between you, Smiling House, the Owner and any independent service providers for the services.

Smiling House reserves the right to alter these Booking Terms and Conditions from time to time and will notify you of any changes as soon as reasonably possible. The amended Terms will apply to any booking entered into after the date of such notification. Any handwritten amendments or additions to the Booking Form are valid only if countersigned by Smiling House before the booking period.

25.Applicable law and dispute resolution

These Terms and Conditions are to be construed, and any dispute between the parties determined, under the laws of Switzerland.

All disputes arising out of or in connection with these Terms shall be submitted to mediation in accordance with the Mediation Rules of the Swiss Chamber of Commercial Mediation. If no settlement can be reached by mediation, the dispute shall be finally settled by the courts of the place where the Property is situated.

26.Contact