ARTEL General Terms and Conditions

Table of contents

1. Scope

1.1
ARTEL AG, Dolderstrasse 107, 8001 Zurich (hereinafter referred to as “ARTEL”) leases apartments in its portfolio in Davos, Zurich and Cannes to clients. In the apartments, clients can have works of art displayed on special screens.

1.2
These General Terms and Conditions (hereinafter referred to as “GTC”) shall apply to all contracts between ARTEL and the client for the rental of apartments, as well as to all other services and deliveries provided by ARTEL to the client in connection therewith, unless otherwise agreed in individual contracts.

1.3
The client’s own terms and conditions shall apply only if expressly agreed in writing in advance.

2. Important definitions

2.1
The terms used in these GTC have the following meanings as defined in this Clause 2:

2.2
“Client” means the contracting party who rents an apartment from ARTEL’s portfolio.

2.3
“Contract” means the agreement to book an apartment, including these GTC.

2.4
“Website” means the website operated by ARTEL, which is available at: www.artel.travel

2.5
“App” means the application for mobile devices made available by ARTEL and used by clients to book ARTEL apartments.

2.6
“Force majeure” means events or circumstances that could not have been foreseen at the time of contract conclusion despite reasonable care, are beyond ARTEL’s sphere of influence, and could not have been avoided or overcome by reasonable measures on the part of ARTEL. In particular, these include but are not limited to: a) war and other military conflicts, terrorist attacks, civil war, riots, insurrections; b) currency and trade restrictions, embargoes; c) explosions and fires not caused by ARTEL; d) floods, earthquakes, typhoons and other natural disasters or extreme natural events; e) epidemics/pandemics and diseases; f) labour unrest not caused by ARTEL, such as industrial action; g) actions, failures to act or measures of a government or official orders; h) faults or failure of operating facilities (or parts thereof) not caused by ARTEL, which are necessary for the fulfilment of the contract.

3. Subject matter of the contract, contract conclusion, use

3.1
The subject matter of the contract is the leasing of an apartment from ARTEL’s portfolio in Zurich, Davos or Cannes to the client for the period chosen by the client, including all other services and deliveries by ARTEL in connection therewith.

3.2
The contract shall be concluded when ARTEL confirms the reservation of the chosen apartment.

3.3
Any subletting of the apartments leased as well as their use for purposes other than residential purposes shall require the prior consent of ARTEL.

3.4
The client undertakes to treat the rented apartment, the common areas, the fixtures and equipment, furniture and appliances with the utmost care. The operating instructions for appliances (e.g. washing machine) must be observed. The apartment may only be used for its intended purpose (private accommodation). Pets are not allowed without ARTEL’s written permission.

4. Contract term and termination for rentals of less than three months

4.1
An apartment is available for the booked duration. The rental period shown on the booking confirmation shall apply. The client shall not be entitled to use the apartment beyond this rental period.

4.2
The client shall be entitled to withdraw from the contract until the end of the cancellation and rebooking period. Thereafter, the agreed price shall be payable even if the client does not make use of the services. This shall not apply in the event of a breach of ARTEL’s obligation to show consideration for the rights, legal interests and other interests of the client, if the client can no longer reasonably be expected to adhere to the contract as a result, or if the client has any other statutory or contractual right of withdrawal.

4.3
Cancellations and changes to reservations can be made using the app.

4.4
ARTEL shall be entitled to withdraw from the contract for good cause, in particular, but not exclusively, if

4.4.1
Force majeure or other circumstances beyond ARTEL’s control render the performance of the contract impossible;

4.4.2
apartments are booked on the basis of misleading or false information about material facts (e.g. misleading information about the person of the client or the purpose of use);

4.4.3 ARTEL has reasonable grounds to believe that the execution of the contract may jeopardise the smooth operation of its business, the security or the public reputation of ARTEL, without this being attributable to ARTEL’s sphere of control or organisation;

4.4.4
the client sublets the property without authorisation.

5. Contract term and termination for rentals of more three months

5.1
An apartment is available for the booked duration. The rental period shown on the booking confirmation shall apply. The client shall not be entitled to use the apartment beyond this rental period.

5.2
In the case of an indefinite rental period, the contract may be terminated at any time by mutual agreement. The client and ARTEL may terminate the contract unilaterally with a notice period of three months to the end of the month, whereby ARTEL must terminate the contract using the official form for apartments in Switzerland.

5.3
The client and ARTEL may terminate the lease unilaterally with three months’ notice to any date for good cause. Good cause shall include, but not be limited to, the following cases:

5.3.1
Misleading or false information about material facts when booking apartments (e.g. misleading information about the person of the client or the purpose of use);

5.3.2
Reasonable grounds for ARTEL to believe that the execution of the contract may jeopardise the smooth operation of its business, the security or the public reputation of ARTEL, without this being attributable to ARTEL’s sphere of control or organisation;

5.3.3
Unauthorised subletting.

6. Remuneration

Applicable rent
6.1
The prices indicated by ARTEL at the time of contract conclusion shall apply. For a rental period of more than three months, ARTEL announces the rent for apartments in Zurich by means of an official form for the initial rent. In the case of apartments in Switzerland, ARTEL can only increase the rent for a rental period of more than three months using the official form and with effect from the next termination date.

Services included in the rent
6.2
The following services are included in the rent:

6.2.1
Fully furnished apartment with fully equipped kitchen

6.2.2
All utilities (including heating, hot and cold water)

6.2.3
Final cleaning

6.2.4
Wi-Fi

Obligation to pay, arrears
6.3
The client shall be obliged to pay the rent in advance according to the invoice.

6.4
If the client fails to pay any invoice amount due during the rental period, the client shall be in arrears from the payment deadline.

6.5
Rental period of less than three months: If the client is in arrears with the payment of the rent due, ARTEL will ask the client to pay the amount due within 5 days. If the client fails to comply with this deadline, ARTEL shall be entitled to cancel the booking with immediate effect, in which case the client shall lose the right to use the apartment and shall be required to vacate the apartment with immediate effect (i.e. within one day).

6.6
Rental period of more than three months: If the client is in arrears with the payment of the rent due, ARTEL shall be entitled to set the client a 30-day payment deadline in writing. If the client fails to pay by the deadline, ARTEL shall be entitled to terminate the contract with 30 days’ notice to the end of a month.

Security deposit
6.7
ARTEL may require the provision of valid credit card details or the payment of a deposit as security for furniture.

Payment methods
6.8
For bookings made via the app, payment is only possible by credit card, notwithstanding Clause 6.9. Upon direct request, the amounts due may be paid by bank transfer.
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6.9
KARMACOINS can be used as a form of payment. The terms of use of the KARMAPOINTS app shall apply (available at: AGB ), as well as the KARMAPOINTS privacy notice (available at: Datenschutz ).

8. Third-party applications and websites

8.1
The website and/or the app may contain hyperlinks to external applications and websites, over whose content ARTEL has no influence. ARTEL assumes no liability for external content. If ARTEL becomes aware that linked content is illegal, ARTEL shall remove the corresponding hyperlink without undue delay.

9. Registration obligation

9.1
In the case of a rental period of more than three months, the client shall be obliged to register with the relevant authority (municipality, district office) within 14 days of moving in and to deregister with the same authority when moving out. For its part, ARTEL will also notify the competent authority of the client’s arrival and departure.

10. Liability of the client

10.1
In the event of loss of keys and damage, loss or destruction of the fixtures and equipment, furniture, apartment or building by the client or by third parties to whom the client has given access, the client shall be fully liable for any resulting damage. The client shall also be liable for damage resulting from lack of care and improper use. Theft, wilful damage to property and other offences related to the use of the accommodation will be reported immediately, in which case ARTEL shall be entitled to cancel the booking without notice.

11. Limitation of liability

11.1
ARTEL shall not be liable for damage caused by the client. ARTEL does not insure the client and their personal belongings and the client must take out personal liability insurance.

11.2
ARTEL shall be liable without limitation for claims for damages only insofar as they are based on intent or gross negligence on the part of ARTEL, parties it uses to perform its obligations and/or its legal representatives. ARTEL shall only be liable for claims for damages based on slight negligence in the event of a breach of essential contractual obligations. Essential contractual obligations are those obligations whose fulfilment makes possible the correct execution of the contract in the first place and on compliance with which the client may regularly rely. In the event of a breach of such an essential contractual obligation, liability shall be limited to the damages typical for this type of contract which ARTEL could have foreseen at the time of contract conclusion based on the circumstances known at that time.

11.3
The aforementioned limitations of liability as well as all other limitations of liability contained in these GTC shall not apply in the event of the assumption of express guarantees, in the event of claims due to a lack of warranted characteristics, or to damages resulting from injury to life, limb or health. In these cases, ARTEL shall also be liable without limitation for simple negligence.

12. Data protection

12.1     ARTEL shall process personal data of the client in accordance with ARTEL’s privacy notice. ARTEL’s privacy notice is available at: XXXXXXX

13. Other provisions

13.1
If any provision of the contract is found to be invalid, ineffective or unenforceable, this shall not affect the validity, effectiveness and enforceability of the other provisions of the contract. The parties undertake to replace the ineffective provision with a legally permissible provision that comes as close as possible to the purpose of the ineffective provision.

13.2
ARTEL may amend or add to the GTC at any time without prior notice.

13.3
All communications from ARTEL (including booking confirmations, invoices, reminders, etc.) will generally be sent by e-mail/app, subject to cancellation. All agreements concerning the reservation of the apartment are contained in the booking confirmation issued by ARTEL. Any amendment or addition must be in writing in order to be valid. E-mails acknowledged by both parties shall meet the written form requirement.

14. Applicable law and place of jurisdiction

14.1
The contract shall be subject to Swiss law. The application of the UN Convention on the Sale of Goods is excluded.

14.2
All disputes arising out of or in connection with this contract shall be subject to the exclusive jurisdiction of the courts in Switzerland at the respective location of the apartment, unless mandatory applicable law establishes a different jurisdiction. For apartments in Cannes, the courts at ARTEL’s registered office have jurisdiction.