The www.pop-in.ch website (the “Site”) is a service for our registered users and visitors and is owned and operated by COTS AG (“POP-IN”, “We” or “Us”). Tenants (as defined in the Terms of Use (“Tenants”, “You”)) and Landlords (as defined in the Terms of Use (Landlords and “Real Estate Agencies”)) are required to acknowledge and accept these booking terms (“Terms”) in addition to the Terms of Use, if they make or confirm bookings via the Site. Tenants and Landlords are advised to carefully read these Terms and any booking confirmation forwarded to Tenants in respect of the Landlord’s acceptance of a Tenant’s booking request, which also refer to these Terms.
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- Acceptance of Terms
1.1 By accessing our Site and/or using our Service as a potential Tenant or Landlord, You agree to be bound by these Terms, which You acknowledge to have read and understood.
1.2 We reserve the right, at our sole discretion, to change these Terms at any time. You must review these Terms on a regular basis to keep yourself informed of any changes.
1.3 By using this Site, You agree that the posting of new or revised Terms on the Site shall constitute adequate and constructive notice to You of any and all revisions and changes. Continued use of the Service after any such changes or after explicitly accepting the new Terms upon browsing through the Site shall constitute Your consent to such changes.
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- POP-IN’s role
2.1 The Site is merely a platform that enables Landlords to create listings of their properties available for rental transactions and for Users to find out about such listed properties and for Tenants and Landlords to connect and conclude rental transactions. Consequently POP-IN is not itself a party to any rental transaction and disclaims all liability arising from or related to any such transactions to the fullest extent permitted by law.
2.2 As set out in the Terms of Use, Pop-INs’ role is solely to facilitate the availability of the Site and Service for Users and to provide certain services related thereto. We do not purchase, buy-in, sell, own, provide, rent, sublet, control or manage any space listed on our Site by Landlords nor can We contract in our own name for the supply of any rental property listed on the Site nor other properties. We are not in any way supplying or able to supply such space or services to Tenants. Our Site acts as a platform to allow registered Landlords to themselves offer for rent a specific rental space to Tenants. Landlords may be either owners of any such rental properties listed on the Site or are persons, for example professional property managers, who are duly authorised to arrange or enter into rental transactions of such properties direct with Tenants. We are therefore not a party to the actual rental transaction concluded between Landlords and Tenants and are not a contracting agent or representative of any Landlord. Our responsibility in the provision of the Site and/or Service when such transaction is concluded shall be to forward contact details to both Landlords and Tenants. Rental transactions are only binding among Landlords and Tenants, who are both solely and entirely responsible for their performance. POP-IN disclaims all liability arising from or in connection with such transactions. If You, as a Tenant, enter into a rental transaction with a Landlord for the booking of a property listed on the Site, You understand and agree that you will be required to agree terms with the Landlord and You agree to accept those terms, and any conditions, rules and restrictions associated with such property as imposed by the Landlord.
2.4 We assume no liability in respect of the condition of any listed property on our Site. As noted in the Terms of Use, POP-IN does not make any recommendations or endorsements of listed properties or Users of the Site. We cannot and have no control over the conduct of Landlords, Tenants and other Users of the Site and Service or the content contained in any listings on our Site or the condition or suitability of any listings and listed properties. POP-IN cannot accept any liability arising from the listing and provision by Landlords of any rental space offered by Landlords and/or listed on our Site and/or for errors or omissions in the Landlord’s descriptions and any bookings will be made at a Tenant’s own risk.
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- Booking
3.1 Tenants are offered to make a booking through the Site by following the processes for making a booking request set out on the Site and clicking on the appropriate confirmation button or booking link via Your Account. It is important that Tenants check the information entered and correct any errors before making a booking request since once You click on such button or link, input errors cannot be corrected. If at any time prior to clicking on the appropriate confirmation button or link, You decide that You do not wish to proceed with Your booking request, You should close the application window.
3.2 Once Your booking request has been made, You will have to answer questions and provide the documents Landlord needs. We will forward your answers to those questions, including the above documents you will have submitted to the Landlord. Landlords are required to either confirm or reject Your booking request within 7 days of that request. If the booking request is subsequently accepted by the Landlord through our Site, You will receive an automated email in your account’s inbox confirming the Landlord’s booking confirmation and the Landlord’s relevant contact details, and Your relevant contact details will also be forwarded to the Landlord. The payment process described under Section 4 below will also apply upon receipt of a booking confirmation.
3.3 Once such contact details have been provided, all communication for example, concerning details and information about the booking and rental transaction, including, without limitation, arrival times and handling of keys, should be direct between You and the Landlord through our Site as facilitated by our Service where required/applicable.
3.4. Tenants can cancel the request at any time without charges prior the Landlord accepts the booking request.
3.5 You will be able to access details of Your booking confirmation through Your Account.
3.6 Upon receipt of a booking confirmation, Tenants enter into a direct contract with the Landlord. Landlords are not obliged to make any property available until a booking confirmation has been sent by the Landlord via the Site to Tenants and a Tenant is not guaranteed a booking with a Landlord until payment has been made by the Tenant subject to these Terms. However, upon issuing a booking confirmation, Landlords shall be responsible for providing the space referred to in the booking confirmation.
3.7 If a Tenant requests a booking, they will be responsible and liable to pay the relevant Landlord in full the rental rate due for such booking if accepted by the Landlord subject, in each case, to these Terms and any other terms and conditions specific to the booking as agreed between a Tenant and their Landlord. In order to secure collection of such payment, Tenants will be asked during the booking process to provide payment card information and billing address. POP-IN will also obtain a pre-authorisation on Your payment card for the total amount of Your booking request to ensure that You have the necessary amount of funds available to cover the transaction. If Your booking request is accepted by the Landlord for the dates set out in Your request, the payment process described under Section 4 will apply. If a booking request is refused, expires or is cancelled, any pre-authorisation of Your payment card will be released or as applicable, shall expire after a period of up to 30 days unless you contact us to request an earlier release.
3.8 As a Tenant, if You cancel Your booking after you have received the Landlord’s booking confirmation, the provisions and refund levels of Section 5 below will apply. Please note that no refunds will be provided after the last deadline set out in the cancellation policy selected by the Landlord. Furthermore, our Fees (as defined below) are non-refundable.
3.9 Any money paid by Tenants for bookings made on the Site shall not be held on POP-IN’s account but will directly be dispatched between POP-IN and the Landlord. The Landlord will receive the total amount, less the Site’s commission and the administrative fee, which will be transferred to POP-IN.
3.10 Descriptions and pictures of the spaces are not legally binding. Tenants should be aware that some changes might occur and that POP-IN will not be responsible for any of the changes.
3.11 The Tenant agrees that POP-IN will stick a promotional sticker on the store front of the booked space during all the length of the pop-up store.
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- Payment
4.1 Should You decide to book a space with a Landlord and the rental transaction is concluded with such Landlord via the Site, You, as a Tenant, acknowledge and agree that You shall be required to pay an amount equal to the fees displayed in the Landlord’s listing on our Site and confirmed in each booking confirmation as agreed with a Landlord. The fees displayed in a Landlord’s listing have two components: (1) the commissioned rental rate and any additional charges (included at the Landlord’s discretion) as solely determined and set by the Landlord (and not POP-IN) in respect of the rental transaction, including applicable taxes and VAT, (“Landlord Fee”) –please see Section 4.8 below for information on any additional charges (for example, cleaning fees) that a Landlord may have decided to charge and collect separately from the Landlord Fee; (2) a service fee, as payment to POP-IN for supplying our Service to Landlords and Tenants to the extent that such supplies enable them to connect and conclude transactions, processing Tenants’ payment for bookings and various internal procedures linked to handling Tenants’ forms of. Our Fees and commission are non-refundable and include VAT Tax.
4.2 Once the Landlord has confirmed the Tenant’s booking request, the Landlord’s fee and the Service Fee will be debited from the Tenant’s credit card. As a Tenant, You hereby authorise and agree that POP-IN shall debit indirectly via a third party payment processor, subject to that third party’s terms and conditions Your payment card of the amount of the Landlord Fee plus our Fees upon confirmation of Your booking by the Landlord.
4.3 Landlords set the currency in which they require payment. For Tenants’ convenience, the Site displays the prices in Swiss francs (CHF). Tenants payment cards will be debited in the currency set by the relevant Landlord and POP-IN disclaims all or any liability in respect of any additional charges that may be charged to a Tenant by his or her bank related to Our collection of the payment in the currency set by the relevant Landlord.
4.4 The payment shall be taken by a debit of the Landlord Fee plus our Fees from one of the acceptable payment methods listed on the Site, which may include debit and credit card (Eurocard/MasterCard, Visa, American Express or Diners Card) and such payment will be taken in Swiss francs (CHF). Payments by cash or cheque are not accepted, and accordingly POP-IN cannot be held liable for any loss of cash or cheques. You will also be asked to provide customary billing information such as name, billing address and payment information. As a Tenant, You agree to pay all fees and charges contained in the Landlord’s booking confirmation as accessed through Your Account, irrespective of whether the Service was accessed by You or by a third party using Your Account. It is Your responsibility to take all measures that are necessary to ensure that Your password remains secret and to prevent the use or misuse of such password by any unauthorised person. You shall notify POP-IN promptly if You discover or suspect that Your password has become accessible to or has been misused by any unauthorised third party, so that We can block Your account.
4.7 In some circumstances, and in addition to the billing and payment information You provide under paragraph 4.6 above, We or the Landlord may require You to produce some proof of Your identity. This can be requested at the time of booking, during payment processing or at any other time thereafter (including after You have started Your lease). We reserve the right to cancel Your booking if You do not provide such proof of identity when requested.
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- Changes and cancellations by Tenants
5.1 If Tenants want to change their booking, such Tenants will need to contact and communicate with their Landlord directly on such changes. Tenants should note however that as they have previously agreed and accepted terms with the Landlord in respect of the booking, the Landlord is entitled to, and may therefore, charge Tenants additional charges for such changes.
5.2 Tenants can cancel their booking at any time subject to and in accordance with the cancellation policy selected by the Landlord. The Landlord will reimburse the Tenant according to the cancelation policies.
5.3 Cancellation policies protect both Landlords and Tenants in the event of cancellations. There are currently three cancellation policies that a Landlord can choose from (see below). The Landlord’s selected policy will be displayed in the booking summary page and the booking confirmation email. Tenants are advised to carefully read these Terms, the booking summary page and the booking confirmation, particularly in relation to the cancellation policy selected by the Landlord:
Flexible “1 Week”:
- Bookings cancelled up to 1 week (7 days) before the start of the lease will receive a 100% refund (after our Fees have been deducted)
- Bookings cancelled up to 1 day before the start of the lease will receive a 50% refund (after our Fees have been deducted)
- Cancellations must be made by 12 midday CET (Central European Time) on the appropriate day.
Moderate “2 Weeks”:
- Bookings cancelled up to 2 weeks (14 days) before the start of the lease will receive a 50% refund (after our Fees have been deducted)
- Cancellations must be made by 12 midday CET (Central European Time) on the appropriate day.
Strict “1 Month”:
- Bookings cancelled up to 1 month (30 days) before the start of the lease will receive a 50% refund (after our Fees have been deducted)
- Cancellations must be made by 12 midday CET (Central European Time) on the appropriate day.
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- Cancellations by Landlords
6.1 Landlords should not cancel bookings as Landlords enter into a binding contract with Tenants to supply the requested space when they confirm a booking.
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- Cancellations by POP-IN
As stated in clause 4.7 above, We reserve the right to cancel any booking at any time for security, fraud-protection purposes, pursuant to the Landlord Cancellation Policy, or any other reasonable purpose. In such cases the cancellation policies will not apply, Landlords will receive no payment for the cancelled booking and where appropriate, a full refund will be made to the card used for the booking.
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- Complaints and Our Responsibility and Liability to You
Should you encounter a problem during the lease, please inform the Landlord or the Tenant immediately. Since you have concluded a contract with the Landlord (or the Tenant), the Other contracting Party will have sole discretion in deciding how to deal with Your complaint. You will then be solely responsible to resolve any dispute arising out of or related to the lease directly with the Landlord, or the Tenant.
Any claim arising out of the lease contract must be brought against the Other Party. To the fullest extent permitted by law, We exclude all representations and warranties relating to the rental property that is the subject of the lease contract.
Exclusions and limitations
We cannot accept responsibility for any damage, loss, delay, or inconvenience caused by circumstances beyond our reasonable control. Such circumstances include but are not limited to war, threat of war, riots, civil strife, or terrorist activity, industrial disputes, natural or nuclear disasters, fire, airport closures, bad weather conditions, interruption or failure of a utility service or the acts of any local or national government. We reserve the right to cancel any booking affected by such circumstances.
Our aggregate liability to Tenants and Landlords under or in relation to these Terms and/or any bookings made through the Site is limited to a maximum of three times the value of the booking in question.
To the extent permitted by law, We hereby exclude: (i) all conditions, warranties and other terms which might otherwise be implied by statute; and (ii) any liability for any direct, indirect or consequential loss or damage incurred by any Landlord or Tenant in connection with any booking including loss of income or revenue; loss of business; loss of profits or contracts; loss of anticipated savings; loss of data; and loss of goodwill, whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
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- Behaviour of Tenants
10.1 As a Tenant, You accept responsibility for your proper conduct during Your lease of the Landlord’s listed property. We shall be under no obligation whatsoever to pay compensation or meet any costs or expenses (including but not limited to alternative accommodation) that You may incur as a result of Your lease being terminated early by the Landlord because of Your behaviour or the behaviour of members of Your party.
10.2 If You cause damage to a Landlord’s property in which You are staying, You must fully reimburse the Landlord concerned for the cost of the damage. You must also indemnify Us for the full amount of any claim made against Us by the Landlord or any third party as a result.
10.3 At the request of the Landlord, and at the Tenant agreement, the Landlord will be able to carry site inspection of the Site during the period of POP-UP.
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- Invalidity
If any provision or part of a provision, of these Terms is found by any court or authority of competent jurisdiction to be unlawful, otherwise invalid or unenforceable, such provision or part-provision will be struck out of these Terms and the remainder of these Terms will apply as if the offending provision or part-provision had never been agreed.
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- Assignment
You may not transfer any of Your rights or obligations under these Terms without our prior written consent. We may transfer any of our rights or obligations under these Terms without Your prior written consent.
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- Applicable Law and Jurisdiction
13.1 These Terms and all matters arising out of or relating to these Terms (including non-contractual disputes or claims and their interpretation) shall be governed by the laws of Switzerland.
13.2 Any claim or dispute arising out of or relating to these Terms (including non-contractual disputes or claims and their interpretation) shall be subject to the exclusive jurisdiction of the courts of Lausanne.
13.3. This does not apply to the claims or disputes arising out of or related to the relationship between the Landlords and the Tenants.
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- Questions
If you have any questions about these Terms, please contact POP-IN.