General Terms & Conditions

1 Scope of application 

These general terms and conditions ("GT&C") govern the contractual relationship between Roomfs SA, based in  Geneva, Switzerland, referred to as “swissroom”, “we”, or “us”, and registered visitors (“users”, including the “host” and the “tenant”, “you”) of swissroom’s app and website (the “platform”). These GT&C apply to any use of the platform and to all services offered by swissroom in connection with the platform unless we expressly state that separate Terms and Conditions apply. Swissroom does not rent or manage any real estate and does not offer any real estate on the platform itself. Real estate, which is offered for rent, for services (or for sale) on the platform, is offered exclusively by third parties. Swissroom is not a party to any contracts in connection with the real estate offered on the platform, in particular rental (in exchange of rent and services) or purchase contracts, does not participate in the conclusion of such a contract and does not represent any of the parties to such a contract. Swiss law is applicable. 

2 Establishment of the contractual relationship between swissroom and the user 

The contractual relationship between swissroom and the user is established by the registration of the user, i.e. the creation of an user account.  

3 Our services 

Swissroom aims at bringing together hosts and tenants (the “users”) through a platform (referred to as the “app” and the “website” to enable hosts to find a place while enabling tenants to rent their room or their flat. Swissroom’s services include: 

3.1 Shared platform 

We provide you with information on rental properties and all other associated services in a centralized manner. Some information is in any case publicly accessible, other information requires a user account for access or requires further information on the user’s part. 

3.2 Management of your pre-rental relationship 

Our services enable you to list your rental property and/or to apply for a rental property in exchange of rent and/or services with regards to another user of the app. We are not responsible for the contractual agreement that you enter with either the host and/or the tenant. We enable the hosts and tenants to connect and get in contact through a chat function on the platform as well as a profile description. The tenant may first make a demand of booking through the platform and the host may accept or reject it through the platform. Swissroom is not responsible for any case of discrimination in any form, but in the case of discrimination of any form, please, report the user.  

3.3 Management of your rental relationship & integrated payment system 

The platform has an integrated payment system which protects the funds of the tenant. All payment data is stored by Stripe,Inc. before entering the host’s bank account. Once the funds go into the host’s bank account, we are not responsible anymore for the transferred funds. You may find Stripe conditions and privacy notice link here: https://stripe.com/en-gb-ch/privacy .

3.4 Rent in exchange of services 

The platform offers the possibility to its users to pay a lower rent in exchange of services, such as babysitting, grocery shopping, cleaning, and gardening among others. Such exchange of services for a lower rent and its requirements are to be defined by both the tenant and host prior to moving-in. Swissroom asks both hosts and tenants to demonstrate good faith in the fulfilment of the services in exchange of rent. Swissroom is not responsible nor liable for the non-fulfilment of the services and in any cases of breach or damages done by either the host or tenant. 

4 Use of our services 

4.1 Requirements for the use of our services  

Users must be at least 18 years old and have capacity of judgement. Discrimination in any form, fraudulent and illegal content, as well as misinformation are not tolerated, and the user may risk its ban from our platform. All users must not have been banned from one of our partner’s platform and use of services. Users must not have any criminal record in connection with sexual and violent assault. 

4.2 Restriction of user’s data and account transfer 

The transfer of any user’s account, passwords, and other important data related to a user’s personal account may not be transferred to anyone else without our explicit permission. 

4.3 Authorizations granted through the use of our services 

Swissroom has access to your personal information, such as first and last name, date of birth, gender, credit card number and any public information and content shared by you in accordance with the acceptance of our privacy policy (you can find more information under our privacy policy). Swissroom may copy, re-create and use your first name and rental property pictures with regards to marketing purposes within the scope of our services. Some information, such as pictures of a rental property and your first name, that you disclose is available for all users and non-registered users of the app. Swissroom does not take responsibility and liability for the copy and use of your content by third persons. For all contents of our services, except your personal contents, we retain all rights. 

4.4 Personal information shared with other users 

The personal information you disclose and share with other users on the app is of your own responsibility. Swissroom does not take any responsibility and liability with regards to the information you disclose and share with any other user of the app. 

4.5 Intellectual property 

We retain all rights for the content, the copyrights and trademarks of our services, with the exception of your personal content. You are not allowed to share any kind of intellectual property and software applications owned by swissroom.  

4.5 Non-compliance with these general terms and conditions 

If you do not comply with the rules of use stated in these general terms and conditions or any other guidelines of our services, we may terminate and delete your user’s account without notice. 

5 Termination of the contractual relationship between swissroom and the user 

The contractual relationship between swissroom and the user can be terminated at any time with immediate effect and without giving reasons by deleting the user account. Nevertheless, if a contractual relationship between two users of the app is currently running, the users may only delete their account once their contractual relationship (sub-tenant contract for example) with the other user comes to an end. 

6 Change and update of our General Terms and Conditions 

These General Terms and Conditions may be updated at any time by swissroom. We will disclose the new General Terms and Conditions so that you may agree or not to pursue the contractual relationship with us. We assume that you agree to our general terms and conditions if you use our services. 

7 Applicable Law 

In case of any dispute between swissroom and its users, Swiss law is applicable, more precisely the canton in which swissroom has its seat.  

8 Limitation of Responsability 

We are not responsible for any contract you may enter through our platform with a current tenant and/or a subtenant. The sublease contract is a template that we make available and serves as guidelines for current tenant and subtenants, it may however be changed and adapted at any time by either the subtenant or the current tenant. Swissroom does not take any responsibility in the non-fulfilment of any of the obligations written in the sublease contract between the current tenant and the subtenant. 

We are not responsible for any threats, discrimination, and any other related misbehaviour by our users. If you witness any such misbehaviour, please inform us urgently of the matter and we will take the necessary steps to proceed.