Terms and Conditions

Part A - Terms of Use

The habitabell.ch search portal is operated by Namsu GmbH (hereinafter: Namsu) with its registered office in 8707 Uetikon am See. Namsu offers with its platform habitabell.ch a real estate search portal (hereinafter: platform), on which real estate listings from various real estate portals can be retrieved in aggregated form. By accessing the habitabell.ch platform, you as a user (hereinafter: user) agree to the following terms of use:

1. Using the platform

Namsu does not charge a fee for the use of the platform. The real estate offers presented on the platform are not offers from Namsu. Namsu merely collects real estate offers made available on various real estate portals and presents them according to the user's search specifications in the real estate search.

2. Content and warranty

The property listings shown are aggregated from various real estate portals and are not listings from Namsu. All contents are therefore outside the responsibility of Namsu. In particular, any form of warranty for the correctness and/or completeness of the displayed contents is excluded. Furthermore, Namsu does not warrant that the listings shown are up-to-date, nor that all listings available on the original sources are shown on the platform. Users download and/or obtain information made available on the platform exclusively at their own risk. Users of the platform have the option of registering with an e-mail address and setting up an automatic notification of new listings that match their search criteria (hereinafter: alert service). With this alert service, Namsu does not warrant the correct and/or complete display of the corresponding content. In particular, users are not entitled to complete and uninterrupted notification or correct display of the corresponding content.

3. Liability

Any liability for damages arising from or in connection with the use of the platform is excluded to the extent permitted by law.

4. Rights of Namsu

Namsu reserves the unilateral and permanent right to modify and/or suspend, permanently or temporarily, all or part of the platform's functions without prior notice (this includes in particular Namsu's unilateral and permanent right to suspend the alert service). At no time does the user have a claim to the continuation of the platform. Namsu reserves the right to block a user's access to and use of the platform if it detects misuse.

5. Links to third party providers

The links to third party providers contained on habitabell.ch are not checked for accuracy, appropriateness or completeness. The third party provider is solely responsible for the content of the corresponding websites. The contents of these websites are beyond the responsibility of Namsu. No liability is assumed for the content and correct functioning of such websites (websites of third parties that can be reached via a link).

6. Data protection

Data protection is based on the Namsu privacy policy in the respective current version. The privacy policy can be accessed via the following link: https://www.habitabell.ch/privacy/

7. Amendment clause

Namsu reserves the right to change these terms of use at any time. The respective binding version of the applicable terms of use is accessible through the homepage (www.habitabell.ch).

8. Severability clause

Should parts of a provision or a provision of these terms of use be or become invalid, this shall not affect the validity of the remaining provisions of these terms of use.

9. Place of jurisdiction and applicable law

For all disputes arising out of or in connection with the use of the platform, the ordinary courts at Namsu's registered office shall have exclusive jurisdiction. Only Swiss substantive law is applicable (excluding private international law).

Part B - General Terms and Conditions for Brokerage Services on habitabell.ch

1. Scope of application

These General Terms and Conditions of Contract (GTC) govern the contractual relationship between the user (hereinafter referred to as the “Customer”) and Namsu GmbH as the operator of the habitabell.ch website (hereinafter referred to as the “Agent”) for the brokerage of rental apartments in Switzerland (product “habitabell Prime”).

2. Conclusion of contract

By registering on our website and confirming these GTC, the Customer enters into a brokerage contract with the Agent within the meaning of Art. 412 et seq. Swiss Code of Obligations. After conclusion of the contract, the Customer receives access to the details of the rental apartments available for brokerage (from the “Namsu Prime” product range) and has the opportunity to arrange viewing appointments.

3. Commission

A commission in the amount of one net monthly rent (i.e. monthly rent excluding supplementary costs) is owed if the Customer applies for an apartment and subsequently receives a rental agreement issued in his name by the owner of the rental property or the responsible administration within four weeks (see also section 4 below). This commission is owed even if the Customer does not subsequently sign the rental agreement. Payment of the commission is due 30 days after the rental agreement has been issued. Upon expiry of this period, the Customer shall be in default within the meaning of the Swiss Code of Obligations.

4. Exclusion of the obligation to pay commission

The commission is not owed if the rental agreement is not issued within four weeks of the Customer's application.

5. Multiple applications

If a Customer applies for more than one apartment within three weeks and is subsequently offered more than one rental agreement, the Customer shall only owe a commission in the amount corresponding to the rental agreement actually signed by him or, if the Customer does not sign a rental agreement, in the amount corresponding to the maximum net rent among his applications.

6. Viewings and applications

Once the brokerage contract has been concluded, the Customer can view the details of the rental apartments on offer and arrange viewing appointments. Applications for apartments are usually made via the namsu.ch website.

7. Obligation of the Customer

The Customer undertakes to provide truthful information and to inform the Agent immediately if his contact details change or if he is no longer interested in an apartment he applied to.

8. Obligation of the Agent

The Agent undertakes to provide the Customer with all relevant information about the rental apartments and to coordinate viewing appointments.

9. Data protection

The Agent shall treat the Customer's personal data in accordance with the applicable data protection regulations. The data will be used exclusively for processing the brokerage contract and for brokering the rental apartments.

10. Liability

The Agent shall only be liable for damages caused by intentional or grossly negligent breach of duty. Where permitted by law, liability is completely excluded, in particular within the meaning of Art. 100 f. and for indirect damages.

11. Final provisions

Should individual provisions of these GTC be or become invalid, this shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by a valid provision that comes as close as possible to the economic purpose of the invalid provision and the intention of the parties.

12. Applicable law and place of jurisdiction

Swiss law shall apply. The exclusive place of jurisdiction for all disputes arising from this contract is the Agent's registered office.

These Terms and Conditions shall enter into force upon their publication on the website and shall apply to all contracts concluded from this point in time. The current version of these General Terms and Conditions is always available on the Agent's website.

These terms and Conditions are available in English on habitabell.ch, but only the German version is legally valid for the contracting parties.