TERMS AND CONDITIONS (GTC)

GTC Workspace 4 One - www.workspace4one.ch (as of January 6, 2021)

Workspace 4 One

is a business name of
FairBric Holding, Inh. Schumm Moreno
Geerenweg 11

8048 Zurich

GTC Workspace 4 One (hereinafter referred to as the provider)

1. Scope

The present general terms and conditions (“GTC”) apply to all contracts in connection with the use of the office of Fairbric Holding, Geerenweg 11, 8048 Zurich (“Provider”) and the user.

Different terms and conditions of use do not apply. If additional services are provided by third-party providers due to a corresponding booking by the user, a contractual and service relationship exists exclusively between the user and the third-party provider.

2. Services offered by the provider

The current range of services offered by the provider in the property is listed at www.workspace4one.ch . The provider reserves the right to change its offer at any time during the duration of the contract.

Depending on the booking of the offer, the possibility of use is limited to a certain type of use and / or a certain time.

3. Booking conditions and conclusion of contract

By booking the selected service, the user submits a binding offer to conclude a contract and at the same time accepts these terms and conditions and the house rules according to the website. The contract is only concluded with the acceptance of the offer by the provider. Oral side agreements and additions to the rental agreement are excluded. They must be in writing.

The user has no right to conclude a contract. The provider is free to reject any offer from a user to conclude a contract without giving reasons.

Booked inquiries can be canceled by the provider at any time and without giving reasons. The full booking price will be fully refunded within 10 working days for bank transfer, cash and TWINT payments. For credit cards and PayPal payments, the user pays the cancellation fee from the payment provider (at least 2.5%). The repayment takes place depending on the repayment period of the payment provider (approx. 20 working days).

If the provider makes use of the right of withdrawal, the customer has no right to compensation.

By concluding the contract, the user assures that the data provided are complete and truthful. The user undertakes to notify the change of his personal data immediately.

After booking, the user receives an automatically generated request confirmation. This confirmation of inquiry only corresponds to a booking request without a binding acceptance of the contract by the provider. The contract between the user and the provider is only concluded if the provider accepts the offer by email within 48 hours by means of a booking confirmation.

4. Prices, terms of payment

All prices, services and tariffs can be viewed on www.workspace4one.ch under the respective price lists or are specified in individual agreements and are exclusive of VAT (in accordance with the applicable statutory VAT rate). The price list published on www.workspace4one.ch applies . The specified usage tariffs refer only to the specified services. Any additional services are to be paid for separately. The tariffs / prices shown separately in each case apply.

The fee to be paid by the user for the respective rental property includes the costs for final cleaning, periodic office cleaning and all ancillary costs (heating, electricity, water, etc.).

The price for the services booked by the user is payable as follows: The services for a period of use of up to three months must be paid by the user in advance when booking by credit card, PayPal, etc.

5. Contract duration, access to the respective rental property, return of the respective rental property

The contractual relationship exists from the point in time specified by the provider in the booking confirmation for the duration of the contract specified in the booking confirmation. If the contractual relationship is concluded for a fixed period in accordance with the information in the booking confirmation, it ends after the fixed period has expired without the need for termination by either party.

The user must notify the provider of any defects in the rental property and equipment within 4 hours of the start of the contract by email (info @ workspace4one.ch ). After this period has expired, the respective rental property including its equipment is deemed to be free of defects, fully usable and handed over to the user in accordance with the contract.

The user must leave the rental property in a proper and cleared condition on the last day of the contractual relationship by 5 p.m. at the latest. Later check-out will be billed retrospectively per person and can either be booked early online (2 days in advance) or transferred immediately by TWINT (+41 76 444 21 61) before 4 p.m.

If the check-out time is not at 5 p.m., additional fees will be charged: The fee for the extension option (5 p.m. - 9 p.m.) and an additional 50% surcharge of the extension option will be charged from 5 p.m. per person after regular check-out (5 p.m.) be invoiced. In addition, there are flat administration costs of CHF 30.-.

The provider ensures that the user receives the required access to the rental property via a digital access system from the start of the contract.

The user acknowledges that the digital key (or “access key” otherwise generated by a digital access system) for access to the rental property is only valid until 5:00 p.m. on the day booked in accordance with the contractual relationship and therefore no access to the Rental property has more. From this point in time, the provider is entitled to remove any items left behind by the user from the rental property and to allow the rental property to be used by another user.

If the provider finds items in the rental property that the user has left behind, it requests the user by e-mail to pick up the corresponding items within 14 days. After this period has expired, the provider is entitled to dispose of the items.

6. Cancellation, rebooking and early return

Rebooking or cancellation of the contract by the user is excluded. In particular, this does not release the user from his obligation to pay the contractually agreed fee for the rental property in full. In the event of early return of the office space, Art. 264 OR applies. The service offer does not offer any cancellation options on the part of users, and any refunds are excluded.

If the provider makes use of the right of withdrawal, the user has no right to compensation.

If the contractually stipulated use cannot take place due to force majeure, each contractual partner bears his own costs incurred up to that point.

7. Terms of use & any violations

The respective rental properties may only be used by the user for the purpose specified by the provider. A change in usage requires the express written consent of the provider.

The user undertakes not to use the rental property for any purpose other than the contractually intended purpose. The use of the number of people paid per booked day pass must also be true. When using the rental property, the user has to show the greatest possible consideration for the neighbors.

A violation of these provisions entitles the provider to termination without notice, exclusion of use and a penalty fee. Any violation of the designated purpose by the provider will result in a penalty fee of at least CHF 5000.- and upwards, ie depending on the degree of abuse, and a criminal complaint will be made.

Unannounced multiple occupancy will be billed retrospectively and includes the fee for the corresponding day pass per person, an additional surcharge of 50% of the day pass per person and flat-rate administration costs of CHF 30.-.

Later check-out will be billed per person and can either be booked early online (2 days in advance) or transferred immediately by TWINT (+41 76 444 21 61) before 4 p.m. The fee for the extension option (5 p.m. - 9 p.m.) and an additional 50% surcharge of the extension option will be billed per person from 5 p.m. after regular check-out (5 p.m.). In addition, there are flat administration costs of CHF 30.-.

By booking an office, the user does not acquire the right to use a specific office space, but rather a right to use an office in the category booked by him in accordance with the information on the homepage www.workspace4one.ch as well as a right to joint use of the parts of the general infrastructure designated by the provider of the property. After assigning a specific office to the user, the provider is entitled to assign alternative, but equivalent, offices of a comparable size to the user, insofar as this is necessary for organizational reasons.

The use of the offices and common areas by the user, his employees or third parties to which the user grants access for private purposes, in particular private celebrations, is prohibited.

The user is obliged to treat the rental property (including furniture and other movable property) with the utmost care and to report any damage to the provider immediately (within 4 hours) by email (info @ workspace4one.ch) . The user is liable for all damage beyond the contractual wear and tear caused by him, his vicarious agents and third parties who use the rental property or inventory at the user's request.

The user is not allowed to connect his own coffee machines, ovens, microwaves, cookers or similar electrical devices in the office provided to him. The user has no right to make structural changes. All types of assembly (flags, signs, pictures, etc.) are prohibited in all rooms.

The user is aware that smoking is prohibited in the property. If the user (or his visitors) does not adhere to this smoking ban and a smoke alarm is therefore triggered (via the fire alarm system), the user has to bear all resulting follow-up costs, in particular the costs of any fire brigade deployment.

The user is responsible for the objects, documents and data brought into the rental property. This applies to both lockable office space and general areas. In his own interest, the user has to protect objects brought with him, especially valuables, as well as documents and data from unauthorized access by third parties. The provider is not liable for loss, theft or damage to these objects, documents or data. Items brought by the user are not insured through the provider. The user himself has to take care of an appropriate insurance to cover risks with regard to damage to the objects or business interruption.

The user may not bring any perishable, harmful or dangerous materials into the rental property or have them delivered there. Bringing children and pets is not permitted.

The user is obliged to keep the rental property accessible at all times and, if necessary, to vacate it immediately. In the case of such work, the user has no right to a reduction in price or compensation. Unless the use of the offices is hindered or excluded for a disproportionately long time.

The provider is entitled to enter the rental property at any time. The provider takes the business operations of the user as much consideration as possible and will generally inform the user of this in good time. Likewise, the third-party providers who provide additional services on behalf of the provider (such as cleaning) may enter the rental property at any time; the user expressly agrees that the provider can provide these third-party providers, for example by providing codes or digital keys (or “access key” otherwise generated by a digital access system) grant access to the respective rental property at any time.

The user is also obliged to comply with the provider's house rules in their current version.

If the rental property is not in a clean condition at the start of the contract and / or if defects occur during the rental period for which the provider is responsible, the user must contact the provider by e-mail (info@workspace4one.ch). In this case, the provider endeavors to remedy any defects for which it is responsible within 72 hours, regardless of the time booked. The user is aware that there is no contact person from the provider present in the property.

The loss of the key must be reported immediately by phone +41 76 444 21 61. The full additional costs will be invoiced.

8. Careful use of the rental property, furniture and furnishings

In addition to the rental property, the following facilities are available for use: toilet facilities, photocopiers and printers, internet access, drinks, etc. The furnishings may vary / deviate from the offer on the website.

The printer can be used by users according to the information on www.workspace4one.ch . If necessary, access software must be installed for which the provider does not accept any guarantees. Overuse of the printer (print / copy), ie more than 5 pages, will be invoiced subsequently at CHF 5.- per page and an administration cost of CHF 30.-.

The phone is used to receive calls. In the case of active telephone use (outgoing calls), the resulting charges are subsequently passed on to the user. In addition, there are flat administration costs of CHF 30.-.

The provider makes the technical items and other furnishings available to the user in perfect condition. The technical objects and the other furnishings must be handled carefully. Any improper use is prohibited. Any damage will be charged to the responsible user.

The user must hand over the rental property in a clean, usable condition and according to local custom. The user is responsible for the disposal of any waste. In the event of a breach, a flat rate of at least CHF 50 and up will be charged, depending on the amount of waste. The user must use the rental property with due care (Art. 257f OR). The user is fully liable to pay compensation for any damage caused by breaching this duty of care.

9. Subletting

Subletting the workstation and passing on the key to third parties is prohibited and excluded. In addition, the user is not allowed to have any additional keys made. Any violations with regard to subletting and key production will be charged with a penalty fee of at least CHF 5000.- and upwards, ie depending on the degree of abuse, and a criminal complaint will be made.

10. Return of the rental property

The rental property must be completely cleared, cleaned and returned to the provider with all keys by the last day of the rental at the latest. The user has to return the rental property in the condition in which it was received. He is liable for the disproportionate wear and tear resulting from the contractual use and any defects with regard to care.

If the user leaves the rental property prematurely, the user must vacate and clean the rental property completely and cede it to the provider without delay.

When moving out, all keys must be returned to the provider.

11. Internet access and usage

A WLAN is available to the user in the property. The technical access to the Internet takes place via the end device of the user after acceptance of the terms of use for the guest WLAN.

The user is subject to the statutory provisions and restrictions when using the services provided by the provider (WLAN, Internet) when querying, storing, transmitting, disseminating and displaying data. The use for illegal or not agreed purposes is not permitted. The user undertakes not to use the services in a way that leads to damage, destruction, overloading or other unusability of the infrastructure provided or to disruptions for other users.

In the event of culpable, inadmissible and / or excessive use that results in damage to the provider, the user must compensate for this damage.

The internet access provided by the provider is operated by an external provider. The provider therefore has no influence on the availability and bandwidth available. The user is aware that maintenance or technical difficulties may result in temporary unavailability and reduced bandwidth.

The copying, distribution or downloading of copyrighted music or films is strictly prohibited and constitutes a breach of contract. The user releases the provider from all claims by third parties and undertakes to compensate the provider for any damage. This also includes necessary legal and consulting costs as well as warning fees.

12. Data protection

The provider collects, stores and processes user data as part of the processing of contracts. The provider will only collect, save, process and / or use inventory and usage data of the user insofar as this is necessary for the execution of the contractual relationship.

The user agrees that the entrance area of the property and the general rooms are video-monitored to protect people and property. With the respective booking, the user agrees to this.

At events in the property, the provider or third parties commissioned by the provider can take photos and videos and publish them on the Internet (e.g. via YouTube, Xing, Facebook, www.workspace4one.ch etc.).

13. Warranty, liability, insurance protection

The liability of the provider for any damage is - as far as legally permissible - excluded. In particular, the provider is not liable for interruptions and delays in the agreed services as a result of force majeure, industrial disputes and other delays or obstacles for which it is not responsible. Force majeure includes, in particular, strikes, lockouts, traffic obstacles, weather conditions, failures of the internet and communication network, partial or complete destruction of the property and sovereign measures.

The user is responsible for securely locking all private valuables (objects, data, etc.). The provider is not liable for stolen, lost or damaged items. No liability is accepted for cloakrooms. There is no insurance cover for items belonging to users.

The user is aware that the doors to the office premises are only secured against unauthorized access by digitally securing the trap. It is not possible to lock the doors additionally.

The provider does not guarantee the user that all offices in the property are air-conditioned and / or mechanically ventilated. The offices and workplaces can therefore heat up in summer, even beyond a room temperature of 26 ° C. Such heating is not a defect in the offices.

The provider assumes no liability for the infringement of third party property rights in relation to the work of the user or the transmission of data and data carriers by the user. The user is responsible for ensuring that all competition law, copyright, trademark law, data law or other legal violations within the contractual relationship with the provider do not occur. If the provider becomes aware of such legal violations, the contractual relationship will be terminated immediately. In the event of a legal infringement, the user indemnifies against any third-party claims. The user reimburses the provider for the costs of legal prosecution in the amount of the statutory attorney's fees in the event that claims are made against the provider by third parties as a result of a violation of the law.

14. Final provisions

The terms and conditions apply exclusively to all legal transactions between the user and the provider. The version valid at the time of the conclusion of the contract is decisive.

These terms and conditions also apply to all future contractual relationships, even if this is not expressly stated in additional contracts.

Contradicting terms and conditions of the user are invalid, unless they are recognized in writing by the provider.

Insofar as the provider is obliged to identify the contractual partner and the beneficial owner under the Money Laundering Act (GwG), the user will provide the provider with the necessary documents and other information for proper identification or determination at the provider's first request.

The contracts concluded with the provider under these terms and conditions can only be adapted / supplemented by written agreement.

Should a provision of the present General Terms and Conditions be invalid, it will only be void to the extent that it is invalid and must otherwise be replaced by a valid provision which the parties consider in good faith to be a sufficient economic replacement for the invalid provision. The remaining provisions of these terms and conditions remain binding and in force.

Swiss law applies exclusively to all contracts concluded with the provider under these terms and conditions, excluding conflict of laws. The exclusive place of jurisdiction is Zurich.

15. Changes to the Terms and Conditions

The provider is entitled to change offered prices, service descriptions and these terms and conditions at any time.

16. Severability Clause

If individual clauses of the General Terms and Conditions or the contract concluded with the provider are ineffective, the validity of the remaining provisions is not affected. The wholly or partially ineffective regulation is to be replaced by one whose economic success comes as close as possible to the ineffective and the intention of the parties; the same applies in the event of a loophole. Should laws make it necessary to change or adapt individual provisions of this contract, the parties agree to replace the old provision with the new law until their own new provision is brought about.