General Terms and Conditions
Please read the following General Terms and Conditions ("GTC") carefully.
By registering, you agree to the GTC.
Unless specifically stated, the definitions set out below shall apply. In application of the following terms and conditions, airhosted GmbH ("contractor", "we", "us") offers various services in connection with the letting and subletting of ((rental) flats and (rental) houses ("rental property") to guests ("guests"). a.
"Customer", "You", "Owner of the Rental Property ": The person who instructs us to take care of the letting or sub-letting of their rental property. b.
"Contractor", "We", "Us": airhosted GmbH with registered office in Zug. c.
"General Terms and Conditions": The general terms and conditions of business, as amended from time to time, which are form, which are part of the contract between the Customer and the Contractor. d.
"Leased Property": Your (leased) house or (leased) flat which you wish to (sub)lease through us. e.
"Guests": The persons who rent the Customer's rental property. f.
"Service": Services of the Contractor, such as for example: complete (sub)letting, placing of advertisements, cleaning, washing, check-in, check-out and other services which can be booked on www.airhosted.ch
or otherwise with us. g.
"Agreement": The Agreement on the (sub)letting of the rented property between the Contractor and Customer. 2. Validity
These GTC are valid until revoked. The Contractor reserves the right to amend these GTC and the other conditions at any time. The new conditions shall be announced to the Customer by publication on the website and by e-mail and shall be deemed to have been approved if the Customer does not raise an objection within one month of being informed. 2.2
Upon signature of the Agreement, the GTC shall become valid and binding for the parties. They form an integral part of the concluded Agreement. Deviations from the provisions of these GTC in individual cases must be made in writing. 3. Conclusion of contract, legal relationships, power of attorney 3.1
The rental contract for the rental property is concluded exclusively between the Customer and the Guest; the Contractor acts as the Customer's intermediary and agent in concluding the contract. 3.2
The Customer and the Contractor agree that the contractual relationship shall take place within the framework of cooperation between professional parties and that no contract shall be concluded for services of normal consumption intended for the personal or family needs of one party. Furthermore, the parties expressly state that the agreement does not establish an employment relationship or a corporate relationship. 3.3
The Contractor is entitled to grant sub-authorisations for the fulfilment of the service in connection with the rental property, namely to other platforms that provide services in connection with the short-term
(sub-)rental of flats and houses. 3.4
Persons who have been removed or blocked by airhosted from its service are not authorised to re-register for the service. 4. Responsibilities, liability 4.1
The Customer undertakes and assures to fill in all details truthfully when registering. Minors or persons who are not fully capable of acting confirm with the registration that they have the consent of their legal representative for the registration.
If you register with us or use our Service on behalf of a company, association or other organisation, you warrant that you are authorised to represent it. 4.2
The Customer warrants that the Rental Property complies in all respects with the applicable regulations relating to safety and usability and that there is no evidence of any risk to the safety of the Guests. The Customer shall ensure that the Rental Property and the surrounding area meet the highest standards of health and safety. The Customer shall allow the Contractor unrestricted access to the Premises during the times when the Premises are booked and for a reasonable period before and after. 4.3
The Contractor shall perform the Service in good faith and with due care. 4.4
The Customer warrants that the Contractor is authorised to use the Rental Property at the agreed conditions and at the times agreed or released by the Customer. Insofar as the Customer is not the owner but the tenant of the leased property, the Customer warrants that he has the necessary consent of the owner for subletting. The customer assumes any liability third parties and authorities for any claims arising from a lack of authorisation. 4.5
The Customer warrants that the (sub)rental of the Rental Property does not violate any local, municipal, cantonal or other rules or regulations, and in particular that short-term rentals at the location of the Rental Property are not restricted in any way that would prevent the Rental Property from being made available to the Guests. The Customer confirms that he has made sufficient enquiries in this regard. 4.6
The fulfilment of all duties in connection with the registration of Guests with the local authorities (registration forms or similar) and the collection of visitor's taxes is the sole responsibility of the Customer. airhosted may perform these duties for the Customer if this is expressly agreed. In this case, airhosted is obligated to perform the corresponding tasks with due diligence, but is not obligated to verify the identity of the Guests and/or to take further collection steps regarding visitor's taxes. 4.7
In principle, it is up to the Contractor to decide in which way and by whom he will have to carry out the service. The Contractor may also have the service carried out by third parties. In this case, the Contractor shall not be liable for third parties engaged by him, insofar as the liability can be excluded (Art. 101 para. 2 CO). 4.8
Insurance of the leased property is the sole responsibility of the Customer. 4.9
It is the Customer's responsibility to inform the Contractor without being asked and without delay of any circumstances which may affect the proper performance of the Service. 4.10
The Customer shall be responsible for the completeness and reliability of all required documents. 4.11
If the Customer fails to provide the Contractor with all the information required for the correct performance of the Service in a timely manner, the Contractor may withdraw from the Contract and all costs (including loss of profit) shall be borne by the Customer. 4.12
The Customer is responsible for the safety and usability of the Rental Property. 5. Prices, terms and conditions and payment modalities 5.1
Unless otherwise agreed in the contract, the Contractor shall determine the prices and conditions at which conditions at which the Guests may use the rented accommodation. The Customer may fix a minimum price below which the rental object may not be rented. The compensation agreed between the Customer and the Contractor for the use of the leased property shall remain unaffected. Any profit/loss shall remain with the Contractor. 5.2
Unless otherwise agreed, invoices shall be paid net within 30 days of the date of the invoice. 5.3
Complaints about invoices must be made in writing within 14 days of receipt of the invoice. 5.4
Cheques and bills of exchange are not accepted as means of payment.
As long as there is no open booking for the Rental Property, the contractual relationship between the Customer and the Contractor may be terminated in writing by either party at any time without notice in writing. Claims for work already performed, bookings still open and claims for damages in the event of untimely termination are reserved. In case of still open booking(s) of guests, the Agreement can be terminated at the end of the last booking.
In the event of termination of the agreement prior to the end of the last booking, the Customer shall fully indemnify airhosted (including loss of profit and any damage to airhosted's reputation). 7. Confidentiality, data protection
In the case of data collected, processed and used within the framework of i) the Agreement and ii) of the contracts concluded by the Contractor on behalf of the Customer (in particular, but not exclusively, data relating to persons), the confidentiality, availability and integrity of the data shall be guaranteed by the Contractor.
The Contractor undertakes to use all data transmitted by the Customer and the Guests only for the fulfilment of the obligations incumbent upon it under the Agreement. In particular, it is permissible to pass on information to third parties within the meaning of clause 4.7 as well as to other third parties (namely insurance companies, authorities, etc.) if this is necessary for the proper fulfilment of the order.
Any further use of transmitted data is not permitted. The Contractor undertakes to comply with the relevant provisions of data protection law (namely the GDPR and the Swiss Data Protection Law) and to ensure that his employees and/or any other third parties used for the provision of services are sufficiently informed, instructed and obliged about the nature and scope of data secrecy. 8. Force majeure
The Contractor shall not be liable for events of force majeure that make the contractual performance considerably more difficult for the Contractor or temporarily hinder or render impossible the proper performance of the contract. Force majeure shall be deemed to be all circumstances independent of the will and influence of the contracting parties, such as natural disasters, pandemics/epidemics, terrorist attacks, strikes or other circumstances that are unforeseeable, serious and beyond the control of the contracting parties and occur after the conclusion of this contract. 9. Complaints
In the event of a complaint from a Guest, the Client shall be obliged to cooperate with the Contractor in order to to find out the source of the problem and to solve it if possible. 10. Liability
The Customer shall be internally liable to the Contractor for the suitability and the absence of defects of the rented property and shall reimburse the Contractor for the reasonable compensation granted to the Guests in consideration of the applicable travel law (reduction, damages, compensation to affected Guests in excess of the minimum owed, if applicable, in order to restore Customer satisfaction) as well as any other expenses. Any compensation provided to Guests by the Contractor shall be offset against or deducted from the Contractor's services to the Customer. 10.2
If and to the extent that the Contractor is liable in connection with the Customer's non-compliance with statutory or contractual obligations, guarantees or applicable provisions, the third parties, the Customer shall indemnify and hold harmless the Contractor from and against any and all compensate the Contractor for any damages (including legal costs) incurred. 10.3
For any claims of Guests due to cancellations by the Customer, the Customer shall solely be responsible. In this case, the Customer shall also assume any claims asserted against airhosted as well as the costs incurred by airhosted. 10.4
The Contractor shall not be liable for any damage caused by Guests during their stay. Any claims for damages (e.g. due to damage to the rental property caused by Guests) arise exclusively against the guests. airhosted expressly assumes no liability for the selection and actions of the Guests. 11. Non-solicitation, exclusivity
The Customer warrants and undertakes that for the duration of the Agreement and for two years after its termination, he will not, without the Contractor's written consent, contact the Contractor's auxiliaries referred to in clause 4.7 (employees, agents, others) in any way (in person, by telephone, by email or in any other form of communication), and/or maintain any contact, except where such contact is purely private in nature, and in particular not to make any effort to solicit, directly or indirectly, any such auxiliary person, hire or otherwise contract such auxiliary persons for himself or for third parties (namely for the provision of services such as they have provided to the Contractor in the performance of the Contractor's obligations under the Agreement. 11.2
For any breach of an obligation under these clauses 11.1, the Customer shall pay to the Contractor a penalty of CHF 10,000 per breach. The payment of the penalty does not release the Customer from the obligation to continue to comply with this provision. The right to claim further damages is reserved. 12. Severability clause
Should individual provisions of these GTC or the agreement be invalid, this shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by a provision that comes as close as possible to the purpose of the original provision. In the event of unintended loopholes, the same shall apply to the Agreement. 13. Place of jurisdiction and applicable law
The exclusive place of jurisdiction is Zug. Swiss law is applicable.