Is letting a holiday flat a tenancy or accommodation?

What does the Code of Obligations say?

With a tenancy agreement, you let the guest use a property and they pay rent for it (Art. 253 CO). The rules on letting residential and commercial premises do not apply to holiday flats rented for no more than three months (Art. 253a para. 2 CO). For example, this includes:

• protection against unfair rents and the official form for rent increases (Art. 269 et seq. CO),
• protection against termination and extension of the tenancy (Art. 271 et seq. CO),
• the deposit rule, which caps the deposit at three months’ rent in a blocked account (Art. 257e CO).

The general rules of tenancy law also apply to holiday flats:

• You must hand over the flat at the agreed time in a condition fit for its intended use (Art. 256 para. 1 CO). You cannot change this to the guest’s disadvantage in standard terms and conditions (Art. 256 para. 2 CO).
• If there are defects, the guest can ask you to fix them, reduce the rent proportionately or pay compensation (Art. 259a CO).
• The guest must use the flat carefully and be considerate of other residents and neighbours (Art. 257f CO).
• They must return it in the condition resulting from use in accordance with the contract. Any compensation agreed in advance that exceeds the damage is void (Art. 267 CO).
• The agreement ends without notice on the agreed departure date (Art. 266 para. 1 CO).

No special form is required (Art. 11 CO). A booking confirmation by email with the price, dates and rules is enough, and helps as evidence if there’s a dispute.

When does it count as accommodation?

The Code of Obligations has no separate contract for accommodation. But it does set out the liability of innkeepers who accommodate guests: they are liable for guests’ belongings brought onto the premises even if they are not at fault, up to CHF 1'000 per guest (Art. 487 CO). For valuables, they are liable only if they are at fault or have agreed to keep them safe (Art. 488 CO). The law does not say whether a private host counts as an innkeeper. The more hotel-like your offer, the more likely it is.

Cantonal law matters more: if you offer breakfast, meals or regular room service, your flat falls under hospitality law in many cantons. See Breakfast and fire safety for details.

Accommodation plus ski pass: is it a package holiday?

If you sell the flat together with another tourist service such as a transfer or ski pass for a single price, and this includes an overnight stay, it may count as a package holiday (Art. 1 Package Travel Act). An organiser is someone who organises package holidays more than occasionally (Art. 2). The duties on information and liability under this Act then apply. If you sell only the flat and share tips about the region, it is not a package holiday.

What does this mean for you?

• Cancellation: The law has no cancellation rules for holiday flats. Set out your rules before the booking, otherwise things may be unclear if there’s a dispute.
• Early departure: If a guest leaves early, they owe rent until the agreed end date unless they propose a suitable replacement tenant. You must offset any income from re-letting and any costs you save (Art. 264 CO).
• Deposit: For a holiday tenancy of up to three months, you can agree on any deposit amount. You may withhold only documented damage (Art. 267 CO).
• Defects: Act quickly if the heating, hot water or Wi-Fi stops working. Otherwise, the guest may reduce the rent (Art. 259a CO).
• Long seasonal tenancy: If you let the flat for more than three months, for example for the whole winter season from December to April, the rules for residential premises apply.

What differs between the cantons?

• Valais: No permit is needed if you do not offer hotel services, but you must register with the municipality. You need an operating permit if you provide regular room service or breakfast.
• Basel-Stadt: According to the Building and Hospitality Inspectorate, short-term letting from one night to three months counts as hotel-like commercial use. If there are more than six beds, you need an operating permit.
• Solothurn: Commercial accommodation requires an operating permit. It counts as commercial if you offer it regularly or earn more than CHF 10'000 a year.
• Ticino: Holiday flats without hotel services are exempt from hospitality law for up to 90 days a year.
• Bern: Holiday flats do not need a hospitality permit. In apartment buildings with more than ten beds in total, the district governors require a change-of-use permit.

A short summary, not legal advice. The linked official source and your municipality’s rules prevail.