Terms and conditions

APARTOLINO is a Swiss marketplace for renting and letting furnished apartments (hereinafter referred to as the "Marketplace" and the "Apartments"). The operator of the marketplace is APARTOLINO Schweiz GmbH (hereinafter the "Operator").

These Terms and conditions govern the rights and obligations of both the Operator and the users of the Marketplace (hereinafter the "Users"). For individual or additional functions and services, supplementary or further conditions and other legal requirements may exist. Information on data protection can be found in the privacy policy.

1. Functions and services at APARTOLINO
   1. On the one hand, the marketplace is aimed at users who are looking for flats to rent (hereinafter referred to as "tenants"). On the other hand, the marketplace is aimed at users who are looking for tenants for apartments they rent (hereinafter referred to as "landlords"). The marketplace is aimed at both natural persons and legal entities.
   2. The operator shall make the marketplace available to users on demand. The Operator may offer functions and services on the marketplace free of charge or for a fee. The current scope of functions and services as well as any fees and other costs shall be published on the marketplace in an appropriate form. The operator is entitled to adapt the offered functions and services as well as any fees and other costs at any time. The existing fees and other costs shall apply until the end of the respective term for functions and services that are already subject to charges.
   3. The operator is entitled to send users messages in connection with the marketplace by e-mail, instant messaging and other communication channels. Such messages may also contain advertising for functions and services on the marketplace. Users may at any time object to the receipt of messages containing advertising ("opt-out").
   4. Users communicate with each other and on the marketplace on their own responsibility. Users enter into any contracts in connection with apartments on their own responsibility. Any contracts between users and any pre-contractual exchange shall be exclusively binding on the users involved. Performance of the contract is the sole responsibility of the users involved. Details, notifications and other content on the marketplace are solely for the information of the users concerned.
   5. The operator is neither a contracting party in the relationship between individual users nor a representative of individual users. The Operator does not guarantee that users will comply with any contractual and other legal obligations that may exist between them. The processing and enforcement of any contracts shall be the sole responsibility of the users involved if and to the extent that the Operator does not expressly offer any services such as tenant protection or dispute settlement proceedings and the users involved make use of such services. If the operator offers dispute resolution procedures, it can make binding decisions at its own discretion and for the users involved.
   6. The Operator may - alone or in cooperation with third parties - offer payment services. In particular, the Operator offers payment services in cooperation with Payrexx and under the name APARTOLINO Pay, an offer of Payrexx AG with headquarters at Burgstrasse 18 in 3600 Thun, Switzerland. The terms of use, general terms and conditions as well the privacy policy part of Payrexx of these general terms and conditions and are binding for users and landlords. The operator may charge fees for payment services. Such fees will be published in a suitable form on the marketplace. No interest is paid on any credit balances of users. Any negative interest on credit balances shall be borne by the users concerned.
   7. The operator is not obliged to control the behaviour of users on the marketplace. In particular, the Operator is not obliged to check the legality or other admissibility of user offers as a precautionary measure. The operator assumes no liability for offers and other contents of users. In case of doubt, users are obliged to check offers and other contents of other users themselves.
2. Use of APARTOLINO
   1. The use of the marketplace requires a registration as a user with complete and truthful information. Only one registration is permitted for each natural person or legal entity. The Operator is entitled to refuse registration at any time - even retrospectively - and without stating reasons.
   2. The use of the marketplace is restricted to natural persons or legal entities with unlimited capacity to act. Natural persons who use the marketplace must be of legal age, i.e. 18 years of age or older. Users may only access the Marketplace for their own, including commercial, use.
   3. The information provided by users must be complete and truthful at all times - even after registration. The Operator is entitled to check Users' details, or have them checked by third parties, at the time of registration or subsequently, and to demand additional information from Users. In particular, Operator uses credit assessment, fraud analysis and identity verification, a service provided by Intrum AG with its registered office at Eschenstrasse 12 in 8603 Schwerzenbach, Switzerland, to verify user data in connection with contracts between tenants and landlords. The verification protects landlords in particular against financial fraud caused by users providing false information. To this end, the operator sends the names and addresses of users to Intrum. Information provided by users on their creditworthiness and identity is automatically encrypted and transmitted to Intrum's servers for verification. Intrum guarantees adequate data protection in accordance with the Data Protection Ordinance (DSGVO) and is licensed in Switzerland (CH).
   4. Users undertake to use the marketplace - directly or indirectly - exclusively in accordance with the law in every respect. In particular, landlords must be entitled to rent out the apartments offered in accordance with the applicable - in particular municipal - law. Communication between users on the marketplace is only permitted in connection with the purchase and sale of goods and must not include any unwanted advertising.
   5. Registered users undertake to treat their access data to the marketplace confidentially and to use them exclusively themselves. Users shall not be entitled to make their access to the marketplace available to third parties, directly or indirectly, against payment or free of charge.
   6. The operator is entitled to deny users access to the marketplace at any time and without giving reasons. If access is denied due to a violation of these Terms and conditions, any fees and other costs shall remain due until the end of the respective term and no reimbursement shall be made for any fees and other costs already paid.
   7. Users undertake to comply at all times with all obligations towards the Operator in full and in due time. Users undertake in particular to pay any fees and other costs in due time. The Operator is entitled to make paid functions and services dependent on payment on account or advance payment.
   8. Possible fees and other costs are immediately owed, if no payment period is granted by the operator. Users are automatically in default if payment is not made on time without a payment reminder. In the event of default, the operator is entitled to charge default interest of 5.0 % per year and a fee of CHF 20.00 each for payment reminders. The operator is entitled to refuse defaulting users access to the marketplace and to assign claims against users to third parties without consent.
   9. The use of the marketplace may be temporarily, partially or completely impossible, in particular for technical reasons. The operator does not take over any guarantee for the availability of the market place.
3. Apartment brokerage with APARTOLINO
   1. Users can rent or lease apartments on the marketplace. By entering offers and other content, the users concerned declare their consent to the publication of such content on the marketplace and via any communication channels of the operator, such as Internet portals, social media platforms and search engine advertising. Users shall grant the Operator a non-exclusive, transferable and sublicensable right of use, free of charge, to the content recorded, including content protected by trademark and copyright, which shall be unlimited in time and place.
   2. The operator is entitled to delete offers and other contents at any time and without giving reasons. The Operator may enrich content with metadata and is entitled to adapt content at any time at its own discretion and without consultation, in particular to improve appearance, formatting or readability.
   3. Users undertake to only record offers and other content on the marketplace that is legally compliant, correct and complete. Information and content in connection with apartments must correspond to the actual condition. Users undertake in particular not to record any offensive, discriminatory, personality-infringing, pornographic, racist, harmful, insecure or immoral content. Users further undertake not to record any content that contains false, misleading or deficient information. The collection of content in connection with narcotics, unwanted self-promotion, erotic or financial services, money games, services provided by third parties or by third parties or gift circles is prohibited. Furthermore, it is prohibited to record content that violates intellectual property rights, personal rights or other rights of third parties.
   4. Users undertake to guarantee the topicality and accuracy of the offers they enter. In particular, offers may only refer to apartments that are actually rented. Apartments may only be offered once at the same time on the marketplace and recorded offers must fully inform about all costs incurred by tenants. Users bear sole responsibility for all content created by them. Content that is no longer up-to-date must be deleted immediately by the users concerned.
4. Liability
   1. The operator is not obliged to control the behaviour of users on the marketplace. Any further liability of the operator for direct damages is expressly and completely excluded. Any liability of the operator for indirect damages and consequential damages, for claims of other users or possible third parties as well as for loss of profit is expressly and completely excluded. Any liability for auxiliary persons is excluded.
   2. Users are expressly and fully liable to the operator and any third parties, regardless of fault, for all direct and indirect costs as well as for damages resulting from violations of these terms and conditions or in connection with the marketplace. Indemnification also includes claims by other users or any third parties. The users concerned indemnify the Operator against all claims by other users and any third parties and undertake to bear all costs - including lawyers' and court costs - and damages incurred by the Operator in this connection.
5. Final clauses
   1. Automated access to the marketplace, for example with bots, scripts or comparable means, is prohibited. The Operator may provide for exceptions such as the use of plug-ins or programming interfaces.
   2. The Operator is entitled to cease operation of the Marketplace at any time, permanently or temporarily, in whole or in part, without notice and without giving reasons. The operator is entitled to have individual or all rights and obligations from these terms and conditions exercised by third parties or to transfer them to third parties.
   3. The Operator is entitled to adapt these Terms and conditions at any time and without giving reasons. Users shall be informed in an appropriate manner of any significant changes to these Terms and conditions.
   4. These Terms and conditions are subject exclusively to Swiss law with exclusive place of performance and jurisdiction at the registered office of the Operator, provided that the users concerned are not consumers with claims arising from consumer contracts. In the event of consumer disputes arising from consumer contracts, the court at the domicile or registered office of one of the two parties shall have jurisdiction and no choice of law shall be made by the operator.