These General Terms and Conditions (‘T&Cs’) shall apply to all contracts in relation to the use of the offices in the Lindbergh property, Thurgauerstrasse 132, 8152 Opfikon (the ‘Property’) between Credit Suisse Funds AG, acting for Credit Suisse 1a Immo PK, Uetlibergstrasse 231, 8045 Zurich (‘Provider’) and the user.
Differing terms and conditions on the part of the Customer shall not apply.
If additional services are provided by third parties based on a corresponding booking made by the Customer, a contractual and service relationship shall exist exclusively between the Customer and the third party.
2. Service offering
of the Provider
The current service offering of the Provider in the Property is outlined at www.spoom.ch. The Provider reserves the right to reduce or modify its offer at any time during the term of the contract.
conditions and conclusion of contract
By making the booking, the Customer makes a binding offer to conclude a contract with the Provider and also accepts these T&Cs.
After the booking, the Customer receives an automatically generated booking confirmation. The contract between the Customer and the Provider in accordance with the booking confirmation shall take effect if the Provider does not reject the offer by email within 48 hours.
4. Prices, payment
All prices, services and rates are available at www.spoom.ch under the respective price lists or are defined in individual agreements and exclude VAT (in accordance with the applicable statutory value added tax rate). The fee to be paid by the Customer for the respective rental property includes the costs for final cleaning, periodic office cleaning and all additional costs (such as heating, hot water, etc.).
The price for the services booked by the Customer is to be paid as follows: the services for a usage term of up to three months are to be paid in advance by credit card by the Customer as part of the booking. The landlord shall invoice for all additional services booked by the Customer. The corresponding invoices are to be paid within 30 days.
5. Contract term, access
to the respective rental property, return of the respective rental property
The contractual relationship exists from the time specified by the Provider in the booking confirmation for the contract term specified in the booking confirmation. If the contractual relationship is concluded for a fixed period in accordance with the details of the booking confirmation, it shall end at the end of the fixed period without the need for a termination by either party. If the contractual relationship is concluded for an indefinite period in accordance with the details of the booking confirmation, it may be terminated by either party on provision of 30 days’ notice to the end of any month (in accordance with formal legal requirements). The Provider reserves the right of an extraordinary termination of the contractual relationship based on Art. 253 et seq. of the Swiss Code of Obligations (OR – Obligationenrecht).
The Provider shall ensure that the Customer receives the necessary access to the rental property by means of a digital access system from the commencement of the contract.
The Customer shall inform the Provider of any defects in the rental property within seven days of the commencement of the contract by email (firstname.lastname@example.org). After the expiry of this period without use, the respective rental property shall be deemed to have been handed over to the Customer free of defects and fully usable.
The Customer shall leave the rental property on the last day of the contractual relationship by 8 p.m. at the latest in a proper and cleared condition.
The Customer is aware that the digital key (or ‘access key’ otherwise generated by means of a digital access system) provided for access to the rental property is only valid until 8 p.m. on the last day of the contractual relationship and that they will no longer have access to the rental property after this time. After this time, the Provider is entitled to remove any items left behind by the Customer from the rental property and to hand the rental property over to another user for use. If the Provider finds items in the rental property which the Customer has left behind, they shall ask the Customer by email to collect these items within 14 days. If this period expires without use, the Provider is entitled to dispose of the items.
The Customer is not entitled to cancel the contract. In particular, this does not release the Customer from their obligation to pay the contractually agreed fee for the rental property in full. In the case of an early return of the office space, Art. 264 OR shall apply.
By booking an office, the Customer does not acquire a claim to the use of a specific office space, but rather a right to use an office of the category booked by them in accordance with the information on the homepage www.spoom.ch as well as a right to co-use the parts of the general infrastructure of the property designated by the Provider. After allocating a specific office to the Customer, the Provider is entitled to instruct the Customer to use alternative, but equivalent, offices of comparable size, insofar as this is necessary for organisational reasons.
The Customer may only use the respective rental properties for the purposes specified by the Provider.
Use of the offices and common areas by the Customer, their employees or third parties to whom the Customer grants access is prohibited for private purposes, in particular private parties.
The Customer is obliged to treat the respective rental property (including furniture and other movable items) with all due care and to report any damages to the Provider immediately by email (email@example.com). The Customer shall be liable for all damages beyond the contractual wear and tear caused by them, their vicarious agents and third parties who use the respective rental property or inventory at the Customer’s request.
The Customer may not install their own coffee machines, ovens, microwaves, stoves or similar electrical appliances in the office provided to them. The Customer is not entitled to make any structural changes. Installations of any kind (flags, signage, pictures, etc.) are prohibited in all areas.
The Customer is aware that smoking is prohibited in the property. If the Customer (or their visitors) violates this smoking ban and subsequently triggers a smoke alarm (via the fire alarm system), the Customer shall bear all ensuing costs in full, in particular costs for possible deployment of the fire brigade.
The Customer is responsible for the items, documents and data they bring with them to the rental property. This applies both to lockable office spaces and to common areas. In the Customer’s own interest, they must protect items brought with them, in particular valuables, as well as documents and data, from unauthorised access by third parties. The Provider is not liable for the loss, theft or damage of said items, documents or data. Items brought by the Customer are not insured by the Provider. The Customer must themselves arrange for appropriate insurance to cover risks with regard to damage to the items or business interruptions.
The Customer may not bring any perishable, harmful or dangerous materials to the rental property or have them delivered there.
Pets may not be brought to the rental property.
The Provider may carry out repairs, maintenance and structural alterations which are necessary for the preservation and extension of the building or offices or for preventing danger or repairing damage, after establishing a reasonable deadline, in consultation with the Customer. In the event of imminent danger, no consent on the part of the Customer and no deadline shall be required. The Customer is obliged to always keep the respective rental property accessible for such scenario and to vacate it immediately if necessary. In the case of corresponding work, the Customer has no claim to a reduction or compensation. Unless their use of the offices is hindered or not possible for a disproportionately long time.
The Provider is entitled to enter the rental property at any time. The Provider shall take the greatest possible account of the Customer’s business operations and shall generally inform the Customer of this in good time in advance. Similarly, third-party providers who provide additional services on behalf of the Provider (e.g. cleaning) may also enter the rental property at any time; the Customer expressly agrees that the Provider may grant these third-party providers access to the respective rental property at any time, e.g. by providing codes or digital keys (or ‘access keys’ otherwise generated by means of a digital access system).
In addition, the Customer is obliged to comply with the applicable version of the Provider’s house rules.
If the respective rental property is not in a clean condition at the commencement of the contract and/or if defects occur during the rental period for which the Provider is responsible, the Customer should contact the Provider by email (firstname.lastname@example.org). The Provider shall then strive to remedy any defects for which it is responsible within 72 hours. The Customer is aware that there is no contact person for the Provider present in the property.
8. Internet access
The Customer is subject to the legal regulations and restrictions in place regarding the use of the services provided by the Provider (Wi-Fi, LAN, Internet) for the retrieval, storage, transmission, distribution and representation of data. Use for unlawful purposes or purposes not agreed upon is prohibited. The Customer undertakes not to use the services in such a way as to cause damage, destruction, overload or other unusability of the infrastructure provided or to disrupt other customers. In the event of culpable, prohibited use which leads to damage to the detriment of the Provider, the Customer must compensate for this damage.
The Internet access provided by the Provider is operated by an external provider. The Provider consequently has no influence on time availability and available bandwidth. The Customer is aware that temporary unavailability and reduced bandwidth may occur due to maintenance or technical problems.
The Provider collects, stores and processes Customer data as part of their execution of the contracts. The Provider will only collect, store, process and/or use the Customer’s inventory and usage data to the extent necessary for the execution of the contractual relationship.
In the case of events taking place in the property, photos and videos may be captured by third parties commissioned by the Provider and published on the Internet (e.g. on YouTube, Xing, Facebook, www.spoom.ch, etc.). By making the booking in question, the Customer agrees to this.
The Customer acknowledges and agrees that the entrance area of the property as well as general spaces are subject to video surveillance for the protection of people and property.
liability, insurance cover
The liability of the Provider for any possible damages is, insofar as legally permissible, excluded. In particular, the Provider shall not be liable for any interruptions and delays to 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, lock-outs, traffic obstructions, weather conditions, Internet and communication network failures, partial or complete destruction of the property and sovereign measures.
The Customer is responsible for ensuring that cupboards, drawers and other similar items are securely locked. The Provider is not liable for stolen, lost or damaged objects. No liability is accepted for items in cloakrooms. The Customer is responsible themselves for their property and data. There is no insurance cover in place for customer items.
The Customer is aware that the doors to the office premises are only secured against unauthorised access by means of digital protection. There is no additional way to lock the doors.
The Provider gives no guarantee to the Customer that all offices in the property are air-conditioned and/or mechanically ventilated. Room temperatures of over 26°C are therefore possible during summer, as the offices and workplaces heat up. Such heating up does not constitute a defect in the office space.
11. Final provisions
Insofar as the Provider is obliged under the Swiss Money Laundering Act (GwG – Geldwäschereigesetz) to identify the contractual partner and beneficial owner, the Customer shall provide the Provider with the necessary documents and other information for proper identification or determination upon the first request of the Provider. The contracts concluded with the Provider under these T&Cs can only be amended/supplemented by written agreement.
The contracts concluded with the Provider under these T&Cs can only be amended/supplemented by written agreement.
If any provision of these General Terms and Conditions is found to be invalid, it shall be superseded only to the extent of its invalidity and shall otherwise be replaced by a valid provision which the parties in good faith consider to be a suitable economic replacement for the invalid provision. The remaining provisions of these T&Cs remain binding and in effect.
All contracts concluded with the Provider under these General Terms and Conditions shall be governed exclusively by Swiss substantive law, to the exclusion of any conflict of laws. The exclusive place of jurisdiction is Zurich.