General Terms and Conditions
of maison (Schweiz) Llc
This document constitutes a translation of the original German general terms and conditions.
1. Scope
These General Terms and Conditions ("GTC") of maison (Schweiz) GmbH, Kernstrasse 57, 8004 Zurich (hereinafter "maison.work"), apply to all business relations, services, offers, and products of maison.work with users registered on www.maison.work, including advertisers and tenants.
www.maison.work is a platform (online marketplace) where advertisers (landlords, real estate managers, marketers, brokers, coworking operators, legal entities and natural persons, hereinafter also referred to as "advertisers") can advertise and offer their available workplaces or office spaces (hereinafter referred to as "rental offers"). To this end, maison.work also operates various landing pages. These are included in the term www.maison.work used here.
Tenants interested in a rental offer can communicate with the respective advertiser via the messaging function on www.maison.work, arrange viewing appointments, and clarify any questions.
These GTC apply exclusively. Opposing, supplementary, or terms and conditions deviating from these GTC require explicit written confirmation by maison.work to become effective.
The advertiser and the tenant confirm that they fully acknowledge these GTC when using services from maison.work or when using www.maison.work.
Even though the masculine form is used in the following, all genders are equally included. maison.work is committed to diversity and inclusion and explicitly distances itself from any form of discrimination.
2. Information on www.maison.work
www.maison.work contains both information about the services offered by maison.work and advertisements from advertisers presenting their rental offers. All information (descriptions, illustrations, films, sound recordings, and other details) does not constitute any assurance of features or warranties unless explicitly stated otherwise. maison.work strives to provide all information and details provided by maison.work on www.maison.work correctly, completely, up-to-date, and clearly. However, maison.work can neither expressly nor implicitly guarantee this. The advertiser alone is responsible for the content of the posted rental offers. Therefore, all information is without guarantee and can change at any time without notice. Users are encouraged to verify the information contained in the advertisements themselves and to contact the advertiser directly in case of ambiguities.
3. Legal Position of maison.work
maison.work is purely an intermediary platform. The contractual relationship between maison.work and the advertiser or tenant is limited to the use of the platform. maison.work will in no case become a party to contracts that are concluded between advertisers and tenants. If a contractual relationship between an advertiser and a tenant is terminated for any reason, this does not affect maison.work in any way, and maison.work will not be liable for any damages arising from this.
maison.work, its representatives, employees, and auxiliary personnel are in no way responsible for the rental offers posted by advertisers and are in no way liable for any damages resulting therefrom.
maison.work is not obligated to monitor the behavior of advertisers and tenants in connection with the use of the website www.maison.work. Although maison.work has the right to review the texts and images published by the advertiser for their legality or other permissibility, there is no obligation to do so. Nevertheless, maison.work reserves the right to remove illegal or inappropriate content or to take appropriate measures when such content becomes known.
4. Rights and Obligations of maison.work
maison.work provides its platform www.maison.work to advertisers, particularly for their registration as providers and for the posting of rental offers.
maison.work provides its platform to tenants, especially for their registration and for responding to rental offers from advertisers.
In order to avail of the services of maison.work, the advertiser and the tenant must register on www.maison.work. maison.work checks and verifies all offers posted by the advertiser on www.maison.work when first advertised. Subsequent adjustments to the rental offer by the advertiser are no longer checked by maison.work, with the legal position of paragraph 3 of these GTC applying.
maison.work reserves the right to delete registrations or entries without prior consultation and without stating reasons, in particular in the case of violations of these GTC or in the case of illegal or inappropriate content.
All notifications for messages, contacts, and viewing requests sent via the messaging function are made in writing by email. All notifications from maison.work are sent by email to the address provided during registration or via the message service on www.maison.work.
5. Rights and Obligations of the advertiser
By registering advertisements on www.maison.work, the advertiser agrees to their publication on www.maison.work and the associated landing pages.
The advertiser commits to providing truthful and correct information on www.maison.work and to keeping this information up to date. The advertiser also commits to only listing offers they are authorized to and indeed wish to rent. They commit to providing the advertised rental offers as described and to provide access to the tenant with whom they enter into a rental agreement.
Rental offers that contain contact details and links to websites, platforms, and third-party offers are permissible, but maison.work reserves the right to remove them at any time without prior notice. The advertiser may not advertise for third parties or similar portals on www.maison.work. Details that do not meet this requirement will be immediately adjusted or deleted by maison.work without inquiry. Any liability for damages on the part of maison.work is hereby excluded in this context.
The advertiser bears sole responsibility for the content of their published advertisements. The advertiser can deactivate advertisements posted on www.maison.work at any time.
The advertiser grants maison.work the right to change the respective title of advertisements posted by advertisers for SEO optimization purposes. The title is automatically captured by the platform and consists of the street and house number.
The advertiser commits to not posting any racist, discriminatory, personally offensive, harmful, criminal, unfair, and other illegal content on www.maison.work. All such content and other illegal content will be immediately deleted without prior information. Any liability for damages on the part of maison.work is hereby excluded in this context.
The advertiser commits to keeping any changes to their personal information up-to-date in their entry on www.maison.work. The advertiser also commits to keeping their account access data confidential and not making it accessible to third parties.
The advertiser can delete their registration on www.maison.work at any time, provided the notice period has been adhered to. The exact details of the notice periods can be found on the website.
In the interest of successful collaboration, the advertiser is obliged to actively manage and respond to contact requests, viewing requests, and other communication via www.maison.work.
The advertiser is obliged to report any abuse they notice on www.maison.work to maison.work immediately.
6. Rights and Obligations of the Tenant
The tenant commits to only applying for rental offers in which they are genuinely interested.
The tenant commits to keeping any changes to their personal information up-to-date in their entry on www.maison.work. The tenant also commits to keeping their account access data confidential and not making it accessible to third parties.
The tenant can delete their registration on www.maison.work at any time. In the interest of successful collaboration, the tenant is obliged to actively manage and respond to contact requests, viewing requests, and other communication via www.maison.work.
The tenant is obliged to report any abuse they notice on www.maison.work to maison.work immediately.
7. Fees and Payment Terms
The registration of the advertiser and tenant on www.maison.work is free and fees only apply when the advertiser lists a property. Detailed prices can be found on www.maison.work. maison.work is entitled to change its prices at any time, unless these were assured to the advertiser in a written contract. Furthermore, maison.work is entitled to adjust the prices for services of individual users if this user exceeds their quota of advertisements for a period of at least two consecutive months. In such a case, maison.work will first seek a conversation with the user before a price adjustment takes place.
All prices listed on www.maison.work are in Swiss Francs (CHF) and exclude the statutory value added tax of 8.10%. maison.work is entitled to charge the advertiser for its expenses in connection with late payments. A default interest of 5% p.a. is due on the invoice amount. This can be offset against the advertiser with a first reminder. If this reminder is not settled within 30 calendar days, an additional fee of CHF 15 will be charged with the next reminder. In the case of non-settlement of this 2nd reminder, the advertiser grants maison.work permission to pass on their data to a debt collection agency. Furthermore, in this case, maison.work is entitled to block the advertiser's user account without prior notice and to deactivate the active advertisements and booked services. As soon as the outstanding invoices have been settled, the user account will be reactivated, and the advertisements and booked services will be reactivated.
8. Operation, Development, and Improvements
maison.work commits to operating the website www.maison.work, maintaining it technically up-to-date, and, if necessary and meaningful, adapting and/or improving it to meet new needs. maison.work is entitled to limit or cease certain functions and services of the platform, and possibly offer new functions and services, without the advertiser or tenant thereby gaining any rights.
9. Additional Platforms
maison.work does not review the content of third-party platforms that are linked to www.maison.work and is not responsible for them. These external platforms may contain information not created and published by maison.work, but by companies and individuals who have no legal relationship with maison.work. These pieces of information are neither endorsed nor confirmed by maison.work. Furthermore, these third-party platforms, which can be reached via links from advertisements on www.maison.work, and links leading from such third-party platforms to www.maison.work, are not under the influence of maison.work, unless explicitly stated otherwise. Clicking on these links and the associated risks are done at one's own responsibility.
To improve the marketing of the offers advertised on www.maison.work, maison.work may access additional platforms and decide to collaborate with their operators. Thus, it can happen that advertisements from www.maison.work are automatically recorded on other platforms via an interface (API). maison.work expressly confirms that no additional costs will be incurred for the advertiser through such further applications of the advertisements unless this has been explicitly and previously agreed upon in writing with the advertiser.
10. Intellectual Property Rights
All rights to the images, videos, etc. on www.maison.work are owned by maison.work or maison.work is entitled to their use by the owner (advertiser).
The advertiser grants maison.work a non-exclusive, revocable, free, and worldwide right of use to all data, images, videos, etc., provided by him.
If the advertiser posts data, images, videos, etc. on www.maison.work for which he does not have rights, he undertakes to hold maison.work harmless in any possible legal dispute, including attorney and court costs.
maison.work is entitled to use texts, images, videos, and audio documents posted by the advertiser on www.maison.work for advertising (online or print), particularly on social media, at its discretion and without compensation.
Neither these GTC nor associated individual agreements involve the transfer of intellectual property rights, unless explicitly agreed upon. The advertiser confirms that he is the owner of all copyright rights in the content, texts, images, videos, etc. that he transmits to maison.work. If the advertiser uses content, texts, images, videos, etc. in connection with the www.maison.work website, he must ensure that no third-party rights are violated. If a third party asserts such rights against maison.work, the advertiser undertakes to hold maison.work fully harmless.
11. Liability
maison.work excludes any liability, regardless of its legal basis, as well as claims for damages against maison.work and any auxiliary persons and vicarious agents. In particular, maison.work is not liable for possible errors, inconsistencies or incompleteness in the advertisements posted by advertisers.
maison.work does not guarantee at any time and is not liable for the advertiser receiving inquiries from tenants when posting advertisements. maison.work also does not guarantee at any time and is not liable for the tenant finding suitable rental offers on www.maison.work.
It is solely the advertiser's and tenant's responsibility to assert claims from possible rental agreements against the respective other contract party.
maison.work is not liable for short-term, temporary interruptions to the availability of the www.maison.work website, for indirect damages and consequential damages, loss of profit or other personal, material, and pure financial losses of advertisers, tenants, and third parties. maison.work is also not liable for advertisements or advertising not published or incorrectly published. However, any further mandatory legal liability, such as for gross negligence or unlawful intent, is reserved.
12. Amendments
These General Terms and Conditions can be changed by maison.work at any time. The new version is published on the www.maison.work website and comes into force in relation to the advertiser and tenant if they do not object in writing by email within two weeks of the corresponding notification.
13. Further Provisions
The rights and obligations from these GTC are not transferable without prior consent from maison.work. Otherwise, the provisions of Swiss law of obligations apply.
In case of force majeure and unforeseen events, which are not attributable to maison.work and which require a restriction of maison.work's services, maison.work is exempted from its obligations for the duration of the restriction and cannot be held liable for any damages resulting from it.
The processing of personal data in connection with the communication between maison.work, advertiser, and tenant is carried out according to our privacy policy.
Should individual provisions of these GTC be wholly or partly invalid and/or ineffective, the validity and/or effectiveness of the remaining provisions or parts of such provisions remains unaffected. The invalid and/or ineffective provisions are replaced by those that come closest to the economic intent and purpose of the invalid and/or ineffective provisions in a legally effective way. The same applies in the case of regulatory gaps.
In the case of disputes, only substantive Swiss law is applicable, excluding any conflict of law principles.
The place of jurisdiction is Zurich.
Zurich, 19. February 2024