The villa in Ticino rented out to a third party

The villa in Ticino rented out to a third party

"I wanted to go on holiday in Ticino this summer, so I looked for a villa to rent on the shores of Lake Lugano. After exchanging e-mails with the owner of a charming house about the terms of the rental (price, deposit, location, furniture available), he told me that the villa was available at the price indicated for the period I wanted. The day after he sent his e-mail, I replied that I was taking the villa on rent and sent the deposit requested. Two days later, I was surprised to learn that the villa had been rented to a third party. My holiday was ruined and I ended up with 4 useless train tickets.

Tania, Bernex

A contract is deemed to have been concluded when two or more parties have mutually and concordantly expressed their will. Expressions of intent take the form of an offer by one of the parties and acceptance by the other.

Doctrine and case law agree that a declaration of intent must be qualified as an offer when it contains all the essential elements of the contract and includes the will to bind.

For example, when a trader displays the price of goods on display, this is considered to be an offer. On the other hand, simply sending out brochures containing current prices does not constitute an offer to enter into a contract, but rather an invitation to make an offer.

As soon as the offer reaches its addressee, the party who made it can no longer withdraw, and the mere acceptance of the other party is sufficient to form the contract. If the offeror fails to perform, he or she will be liable to pay compensation for the damage caused by the non-performance.

It should be noted, however, that the author is not bound indefinitely by the offer he has made. In fact, if the offer is made to an addressee who is present, acceptance must be immediate. If the addressee is absent, the author remains bound until the moment when he could expect the arrival of a reply sent on time and regularly.

It follows from the above that you could argue that a contract had indeed been concluded, since the owner made an offer that you accepted in good time. Your co-contractor would therefore be obliged to reimburse you for the damage suffered as a result of the property not being made available, such as the cost of train tickets. On the other hand, you should be aware that Swiss judges are not in favour of compensation for the non-material damage caused by the disappointment of seeing your holiday cancelled, despite the opposite tendency of their European peers.