Traveller & Short-Stay Agreement (Switzerland)
A Swiss short-stay accommodation agreement for holiday and traveller lettings. Structured as a short accommodation contract rather than a protected tenancy, with arrival/departure, occupancy limit, damage deposit and cancellation terms.
What's included
- Short accommodation contract, not a protected tenancy
- Fixed arrival and departure dates and times
- Maximum occupancy limit
- Refundable damage deposit
- Cancellation and no-show terms
- Tourist tax (Kurtaxe) note
- House rules and quiet hours
- Signature / booking-confirmation block
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🇨🇭 Local law notes — Switzerland
Genuinely short holiday stays are treated as short-term accommodation contracts rather than protected residential tenancies, so the termination and lease-extension protections of the Code of Obligations do not normally apply — but Swiss courts look at the substance, not the label. Short-term letting is heavily regulated at cantonal and municipal level: cities like Geneva and Zurich impose day limits, registration and permits, and tenant-hosts need landlord consent to sublet. Many communes charge a tourist tax (Kurtaxe / taxe de séjour). Hosts should confirm local permits and condominium rules before letting.
Inside the document
1. Parties and Accommodation
This Agreement is between the host (Gastgeber) and the guest for short holiday occupation of the furnished accommodation stated. It is intended as a short-term accommodation contract (Beherbergungs- / kurzfristiger Gebrauchsvertrag), not a residential tenancy with security of tenure.
2. Nature of the Arrangement
The accommodation is provided for a defined short holiday period. The parties agree it is not intended to create an ordinary residential tenancy under Art. 253 ff. OR; genuinely short holiday stays fall outside the protective termination and extension rules. The true nature is determined by the actual facts of the stay.
3. Arrival and Departure
Check-in and check-out dates and times are as stated. Late departure without agreement is charged at the daily rate; keys or access codes are returned or deactivated on departure.
4. Occupancy Limit
The maximum number of overnight guests is as stated and may not be exceeded without written consent. Occupancy must comply with applicable building safety and fire rules.
5. Fee and Payment
The total stay fee is payable as stated (on booking or on arrival). Prices are inclusive of the listed utilities unless otherwise noted.
6. Damage Deposit
A refundable damage deposit may be taken and is returned after departure less the cost of any damage beyond normal use. As this is a short accommodation arrangement, the blocked-account deposit rule for tenancies does not apply, but any deposit is held in good faith and accounted for.
7. Cancellation and No-Show
Cancellation charges apply on the stated scale according to how far ahead the guest cancels. A no-show is treated as a late cancellation. Statutory or platform-mandated cancellation rights, where applicable, are honoured.
8. Tourist Tax and Registration
Local tourist tax (Kurtaxe / taxe de séjour) is payable where the commune levies it and may be added to the fee. The host complies with any guest-registration or reporting obligations of the canton or commune.
Frequently Asked Questions
Does a short holiday stay in Switzerland create a protected tenancy?
Generally no. Genuinely short holiday accommodation is treated as a short accommodation contract, outside the security-of-tenure and extension rules of the Code of Obligations. However, if a stay is long and residential in character, a court can find a tenancy exists regardless of the label.
Do I need a permit to run a holiday let in Switzerland?
It depends on the canton and commune. Cities such as Geneva and Zurich impose day-limits, registration or permit requirements, and tenants must have the landlord's consent to sublet on Airbnb. Check local rules before letting.
Is tourist tax charged on short stays in Switzerland?
Many communes levy a tourist tax (Kurtaxe / taxe de séjour) per guest per night, which the host collects and remits. It is usually shown separately from the accommodation fee.