Terms and conditions

These GTC govern the rights and obligations of Immoswipe Schweiz GmbH (hereinafter referred to as the "Operator") as well as the users (searchers) (hereinafter referred to as "Users") and the real estate service providers, brokers, landlords (hereinafter referred to as "Providers") of the Immoswipe digital marketplace (hereinafter referred to as the "Marketplace"), which offers and requests for:

• Serviced apartments (furnished apartments for temporary rent)
• Rental properties (apartments, commercial properties, offices and parking spaces)
• Properties for sale (apartments, houses and other real estate)

brokered. The marketplace is aimed at natural and legal persons aged 18 and over. Private users can be tenants or buyers; offers may only be placed by institutional providers.

Supplementary conditions may apply to individual functions and services. Information on data protection can be found in the privacy policy.

Supplementary or additional conditions and other legal requirements may apply to individual or additional functions and services. Information on data protection can be found in the privacy policy, which is a contractual component of the GTCs.

1. On the one hand, the marketplace is aimed at users who are looking for apartments to rent (hereinafter referred to as "tenants"). On the other hand, the marketplace is aimed at users who are looking for tenants for apartments or real estate properties that they wish to rent or sell (hereinafter referred to as "landlords" or "sellers"). The marketplace is open to both natural persons and legal entities.
2. The Operator shall make the Marketplace available for viewing. It may offer individual functions and services free of charge or for a fee. The current scope of functions and services as well as any fees and other costs will be published in a suitable form on the marketplace. The Operator is entitled to adjust the functions and services offered as well as any fees and other costs at any time. The existing conditions shall apply until the end of the respective term for services that are already subject to a fee.
3. The operator is entitled to contact users in connection with the use of the marketplace by email, instant messaging or via other electronic communication channels. Such communications may also contain information about new functions or advertising content. Users can object to receiving such advertising messages at any time ("opt-out").
4. Users communicate with each other on the marketplace on their own responsibility. Contracts in connection with rental or purchase properties are concluded exclusively between the respective users. A contract is deemed to have been concluded when both parties - tenant and landlord - exchange an express written or electronic confirmation of the letting or rental. The operator is neither a contracting party nor a representative of individual users and assumes no responsibility or guarantee that concluded contracts will be fulfilled correctly or at all.
5. Information, content and notifications on the marketplace are for information purposes only. Processing, contract fulfillment and enforcement are the full responsibility of the users involved.
6. If the operator expressly offers additional services such as tenant protection or dispute resolution procedures, users can make use of these. In such cases, the Operator is entitled to make binding decisions at its own discretion and for the parties involved.
7. The Operator may - alone or in cooperation with third parties - offer payment services. In particular, payment processing is carried out via Immoswipe Pay, an offer from Payrexx AG, Burgstrasse 18, 3600 Thun, Switzerland. The GTC and data protection provisions of Payrexx are a binding component of these GTC.
8. The Operator may charge fees for payment services. Such fees shall be published in an appropriate form on the marketplace. Any credit balances of users shall not bear interest. Any negative interest shall be borne by the users concerned.
9. The operator is not obliged to monitor the behavior of users on the marketplace. In particular, it is not obliged to check offers or content for their legality or accuracy. Users themselves are responsible for checking the legality and reliability of offers or information provided by other users.The operator accepts no liability for the content of users.

1. Registration on the marketplace is possible for any legal or natural person aged 18 or over. Only one registration per person is permitted. The Operator may refuse registrations or block existing user accounts, in particular in the event of breaches of these GTC.
2. Users are obliged to provide complete, correct and up-to-date information when registering and throughout the entire period of use. The operator is entitled to check this information or have it checked by third parties and to obtain additional information.
3. In order to prevent misuse and to safeguard contractual relationships between tenants and landlords, the operator is entitled to check the accuracy of the information provided during registration or use or to have it checked by third parties.
4. For this purpose, Intrum AG, Eschenstrasse 12, 8603 Schwerzenbach, Switzerland, may be used in particular for credit checks, fraud analysis and identity verification. For this purpose, the operator automatically transmits relevant information (e.g. name, address) to Intrum AG in encrypted form. Intrum AG guarantees data protection-compliant handling in accordance with the GDPR and is licensed in Switzerland. By registering, users expressly consent to this data processing.
5. This verification serves in particular to protect landlords and landladies from financial fraud caused by false information and to build general trust on the platform.
6. The use of the marketplace is only permitted to natural or legal persons of full age and with unlimited capacity to act. Access may only be used for personal - including commercial - use. Access data must be treated confidentially and may not be passed on or given to third parties.
7. Users undertake to use the marketplace exclusively in accordance with the law. In particular, landlords and landladies must be authorized to rent out their properties in accordance with the applicable legal and municipal provisions. Communication on the marketplace may only take place in connection with the initiation of rental or purchase contracts and may not contain any unsolicited advertising.
8. The operator is entitled to deny users access to the marketplace at any time and without giving reasons, including, for example, misuse, false information, payment default or violations of applicable law or these GTC. In the event of exclusion due to violations of the GTC, any fees and costs remain due until the end of the respective term. Amounts already paid will not be refunded
9. The deactivation of a B2B account by the user is possible at any time at the end of the current calendar month. Deactivation can be requested via the account settings or in writing to the Operator. Once the account has been deactivated, all active advertisements are automatically taken offline and are no longer visible to other users. Saved data (e.g. past chats, applications) will be archived and deleted after the period has expired
10. The Operator may make chargeable services dependent on payments on account or advance payments. Invoices are due immediately unless a payment period is granted. Default interest of 5% p.a. is owed in the event of late payment. In addition, reminder fees of CHF 20.00 (second reminder) and CHF 40.00 (third reminder) will be charged. Claims may be assigned to third parties without the user's consent.
11. The use of the marketplace may be temporarily or completely restricted, in particular for technical reasons. The Operator shall provide its services in accordance with the current state of the art. However, continuous and uninterrupted availability cannot be guaranteed

1. Users undertake to only enter content on the marketplace that is lawful, correct, up-to-date and complete. Listings must transparently disclose all costs incurred by tenants and may only remain in place as long as the properties are available. Each apartment may only be advertised once at a time and users also guarantee that they are the owner of all necessary rights (e.g. copyrights, trademark rights) to the content posted and that they do not infringe any third-party rights.
2. Users bear sole responsibility for all content created by them. Content that is no longer up to date must be deleted immediately.
3. To ensure platform quality, real estate listings must meet Immoswipe's quality requirements. These requirements have been defined together with the innovation partners in the B2B sector. Providers who repeatedly violate these requirements or other obligations may be deactivated and their accounts blocked.
4. By entering offers and other content, users declare their express consent to the publication of this content on the marketplace and via additional communication channels of the operator, such as internet portals, social media platforms or search engine advertising.
5. Users grant the operator free of charge a non-exclusive, transferable and sub-licensable right to use the recorded content, including content protected by trademark and copyright law, for an unlimited time and place.
6. The operator is entitled to delete offers and other content at any time and without giving reasons. It may enrich content with metadata and is entitled to adapt its appearance, formatting or readability at its own discretion and without consultation.
7. Tenants who apply for a rental property via Immoswipe must respond to a rental commitment from the provider within 48 hours and confirm the commitment. If no confirmation or response is received within this period, the provider may allocate the property to another tenant. In this case, the original tenant will receive an automated notification that the commitment has been withdrawn.

1. The operator is only liable for direct damages caused by gross negligence or willful misconduct on its part. Any further liability - in particular for indirect damage, consequential damage, loss of profit, loss of data and damage caused by auxiliary persons or third parties - is expressly and fully excluded.
2. The operator is not liable for service disruptions due to force majeure (e.g. natural events, official orders, pandemics) that are beyond its control.
3. Users are fully liable to the operator and third parties - regardless of fault - for all direct and indirect costs as well as for damages arising from violations of these General Terms and Conditions or in connection with the use of the marketplace. The indemnification also includes all claims of other users or third parties. The users concerned indemnify the operator in full against all such claims and undertake to bear all resulting costs - in particular legal fees and court costs - as well as all other damages incurred by the operator.

1. Automated access to the marketplace, for example using bots, scripts or similar means, is prohibited. The Operator may provide for exceptions such as the use of plugins or programming interfaces (APIs).
2. The operator is entitled to discontinue the operation of the marketplace at any time, permanently or temporarily, in whole or in part, without notice and without giving reasons. It may also have individual or all rights and obligations arising from these General Terms and Conditions exercised by third parties or transferred to third parties.
3. The operator is entitled to amend these General Terms and Conditions at any time and without giving reasons. Users will be informed of significant changes in a suitable form. If users (search users, private individuals B2C or providers B2B, institutional companies) do not object to the amended GTC within 14 days of notification, they shall be deemed to have been accepted.
4. Swiss law shall apply exclusively. The exclusive place of performance and jurisdiction is the registered office of the Operator, unless the users concerned are consumers within the meaning of a consumer contract. The court at the domicile or registered office of one of the two parties shall have jurisdiction for legal actions brought by consumers in disputes arising from consumer contracts. A different choice of law by the operator shall not apply in this case.

The name and word/figurative mark "Immoswipe", the platform design and all software solutions, content and functionalities associated with the marketplace are protected by copyright and/or trademark law. Any unauthorized use, duplication, processing or distribution - in whole or in part - is prohibited and may be prosecuted.