Terms and Conditions
1. City Pop
- 1.1. City Pop AG, Metallstrasse 4, 6300 Zug
- 1.2. City Pop provides living space with fixed services included (INCLU) plus additional services available for an extra fee (ONDE).
- 1.3. City Pop reserves the right to check the creditworthiness of guests within the usual scope. By making a booking enquiry with City Pop, guests give their consent to this. City Pop can also ask the guest to submit reports from credit reference agencies.
- 1.4. Any enquiries and notices made to City Pop, in particular any request for approval to accept an additional guest or a replacement guest, must be e-mailed to City Pop as early as possible. City Pop will process and respond to such requests within 5 working days, except in case of obvious urgency.
- 1.5. Communications between guests and City Pop must be made via the app and comply with the provisions of these terms and conditions. In exceptional cases, communication via e-mail is also acceptable.
- 1.6. Extra guests or replacement guests must meet the same requirements and provide the same proof by e-mail as required for ordinary guests.
- 1.7. City Pop and its representatives have the right to enter the living space when the guest is present within the course of their duties. In case of urgency or other justifiable reasons (e.g. cleaning, etc.), the living space may be entered without the guest’s presence.
- 2.1. Guests are the actual temporary inhabitants of the living space. Depending on the size of the space, the guest may use it alone or with registered companions and children. Each adult and child counts as one person.
- 2.2. At the time of booking, guests must indicate in full the number of persons who will be temporarily inhabiting the living space. Guests must disclose the personal details of any companions truthfully and upload their ID cards.
- 2.3. Guests are obliged to complete the booking request completely and truthfully and upload a scan/photo of a valid, official document (passport or identity card, including any applicable visas). For ID cards that do not use the Latin alphabet, a translation must be included. This obligation applies to all guests, including replacement and/or additional guests.
- 2.4. The e-mail address given by guests when booking must be used for further messages relevant to the booking between the guest and City Pop, as far as the communication does not have to be done via the app. Messages from other, unknown, or unreported e-mail addresses will not be accepted as being from the guest. Guests must provide City Pop with notice of any change to their e-mail address via the app without delay.
- 2.5. If the personal status of the guest, the additional guest or the replacement guest or the companion guest, or the other information on the booking request (addresses, telephone numbers, emergency contact details, etc.) change during the stay, the guest must report this to City Pop without further request.
- 2.6. Misrepresentation during and after the booking or the violation of reporting obligations by the guest for additional guests, replacement guests and any companions are considered as essential breaches of contract and entitle City Pop to terminate the contract immediately.
- Visitors are persons who spend more than one day in the living space, but only stay occasionally overnight. Such visitors do not need to be reported to City Pop.
4. Additional and replacement guests
- 4.1. The reserved living space may be used by no more than the number of persons indicated to and approved by City Pop in advance. The number of persons is the maximum number of persons who can live in the living space. Each adult and child counts as one person. The guest is obliged to disclose the personal details of companions, including ID card upload to City Pop, prior to moving in.
- 4.2. Additional guests
- 4.2.1. Additional guests are those who stay longer than 2 weeks in the apartment as a “flat mate”.
- 4.2.2. Guests are obliged to register the additional guest with City Pop by e-mail at least 5 working days in advance, except in case of obvious urgency.
- 4.2.3. The admission of additional guests is subject to the prior approval of City Pop.
- 4.2.4. Charging additional guests or other persons to stay in the living space is not allowed.
- 4.2.5. If guests charge the additional guests to stay in the living space, this constitutes a serious breach of contract, which will lead to immediate termination of the contract and eviction/repossession of the living space. Guests will then still owe City Pop the fee for the entire booked stay.
- 4.3. Replacement guests
- 4.3.1. Replacement guests are persons temporarily using the living space instead of the guest.
- 4.3.2. Guests are obliged to notify City Pop of any replacement guests by e-mail at least 5 working days in advance.
- 4.3.3. The temporary transfer of the living space to a replacement guest for a fee, with later return of the guest and departure of the replacement guest, requires the prior approval of City Pop.
- 4.3.4. Guests are obliged to inform City Pop concerning the amount they are charging the replacement guest in the e-mail request for approval.
- 4.3.5. The money paid by the replacement guest may be the pro rata booking price of the guest or in proportion to the length of stay in accordance with the daily average price booked and paid by the guest.
- 4.3.6. City Pop is entitled to have the replacement guest confirm the payment amount reported by the guest, and the replacement guest is obliged to disclose the payment amount actually paid to the guest.
- 4.3.7. If guests are demanding a higher daily rate from the replacement guest than they are paying City Pop, this constitutes a justified reason for the immediate termination of the contract with immediate eviction and repossession of the living space.
5. Bookings for third parties
- Third-party bookings for a guest are possible provided that the third party is related to, or responsible for, the guest. Other bookings from third parties for any other guests are not allowed.
6. Overview of guest reporting obligations
- 6.1 Each guest is required to provide City Pop with the following documents, even if not expressly requested by City Pop, including all necessary information:
- 6.2 Name changes, reissued ID etc.
- 6.3 Change in number of residents (comings and goings).
- 6.4 Companions (life partner, children).
- 6.5 Additional guests.
- 6.6 Replacement guests.
- 6.7 Items missing upon move-in: furniture, installations, equipment, textiles, etc.
- 6.8 Damage to the living space or items.
7. Fixed contract period
- 7.1. The booking is for a living space for a fixed contract period, as specified in the offer, but for a maximum of 52 weeks, subject to special written agreements with City Pop.
- 7.2. The extension of a booking for the same living space is not possible. Guests may book another space, if available. An early extension of the booking is recommended.
- 7.3. After a reconfirmed reservation, the customer is obliged to pay the full amount of the booked stay.
- 7.4. Even if guests do not take possession of or move into the living space, they remain obligated to pay the full amount of the booking, regardless of when City Pop was informed of the cancellation of the booking in full or in part, or of their premature departure.
- 7.5. For longer stays, instalment payments may be set up (every 2, 3, or 4 weeks, monthly, bimonthly or quarterly). The amount and due date of the payments due will be shown in the App or communicated by City Pop at the time of booking and are binding.
- 7.6. In the event that guests do not take possession of the living space, this will be remain available for the period for which payment has already been received. The living space will subsequently be released for further assignment to other guests. The release of the living space does not relieve the guest of the obligation to pay for the remaining booking period in full.
- 7.7. A refusal to permit guests to enter and/or stay in Switzerland does not constitute a reason for a termination without payment. The total booking price remains owed by the guest and must be paid by the guest.
- 8.1. The booking is for a living space for a fixed number of people which must not be exceeded, with fixed additional benefits (“INCLU”).
- 8.2. The booking entitles the guest to use the booked accommodation and the INCLU.
- 8.3. A unilateral waiver of INCLU will not reduce the fees owed.
- 8.4. The living space may be used exclusively for residential purposes.
- 8.5. No commercial activities are permitted in the living space that cause additional passenger or goods traffic, including paid counselling services, paid tutoring, paid training and courses, wellness services (massages, sexual services, etc.) and permanently installed business operations with passenger and/or freight traffic.
- 8.6. It is expressly prohibited to offer sexual services, regardless of the level of payment.
- 8.7. The address of the location may not be used as a company address, except in individual cases on prior request where City Pop has specifically approved individual cases.
- 8.8 The general facilities at the individual City Pop properties can be viewed on the website or via the app. City Pop does not guarantee the availability of in-house, general facilities at any time (i.e. there could be maintenance, repairs, changes to the facilities at short notice, etc.). Guests are required to read the information about the services offered by the chosen premises carefully.
9. Services included in the price (“INCLU”)
- 9.1. SUPPLY COSTS
- 9.1.1. Heating, electricity, water cold and warm, are included in the price, except for excessive consumption.
- 9.1.2. Water and electricity are intended for use by the guest(s) and any accompanying persons and may not be made available to third parties from outside the building.
- 9.1.3. Commercial use of water and electricity is prohibited.
- 9.2. EQUIPMENT AND FACILITIES
- 9.2.1. Each living space has Wi-Fi, TV (with a standard selection of national TV channels, which can be unilaterally adjusted without permission), furniture, including customary mattress and bedding (pillows and blankets), bathroom, kitchen / kitchenette with customary amenities (crockery, cutlery, kitchen utensils), home textiles “HATEX” (bath and hand towels, kitchen towels, bed linen).
- 9.2.2. Where facilities are available for all guests, a “first-come, first served” principle applies. The right to use such facilities is not exclusive and can only be made subject to availability.
- 9.2.3. The in-house, general facilities are intended exclusively for guests, their registered companions and for registered additional guests. Third parties from outside the building, or non-resident friends or associates of the guest are not entitled to regular use. Regularity is assumed to be more than one use per week by the same person from outside the house. In-house facilities freely available to third parties are excluded from the usage restriction.
- 9.2.4. The in-house localities (common areas etc.) are to be used exclusively for standard leisure activities. For example, no political nor religious events are to be held.
- 9.2.5. The voluntary non-inclusion in the price of included services does not entitle the guest to a price reduction.
- 9.3. WI-FI
- 9.3.1. City Pop’s free Wi-Fi includes high-speed internet access and unlimited data usage
- 9.3.2. City Pop provides a standard provider service. Reliable data or guarantees are not possible for the data transmission speed, since this depends on factors over which City Pop has no influence (general network and network utilisation within and outside the building). The data rates reported by advertisers in advertising are maximum performance promotions, not real-world speeds.
- 9.4. HATEX
- 9.4.1. HATEX includes household textiles, such as bed linen, kitchen towels, towels, bath towels. The household textiles are the proporety of City Pop AG. The household textiles must be returned at the check-out in the same condition as they were delivered at the check-in.
- 9.4.2. It is possible to acquire more HATEX for an additional charge.
- 9.6. ZMO
- 9.6.1. The breakfast included in the booking price is called ZMO.
- 9.6.2. The guest is entitled to the daily consumption of a standard breakfast in the Self-Service ZMO.
- 9.6.3. The ZMO is available at the vending machines available in every City-Pop property.
- 9.6.4. A chargeable additional purchase of food and drinks or any other consumables may also be paid for, according to the existing offer.
- 9.6.5. Not consuming ZMO does not entitle the guest to a price reduction.
- 9.7. COZI
- 9.7.1. In-house common areas and other locations, COZI, which are available free of charge at the respective City Pop location, are not for guests’ exclusive use.
- 9.7.2. Which in-house, general facilities the individual City Pop properties have and what the special conditions of use are (binding house rules and/or leaflet), can be looked up on the website or via the app.
- 9.8. MAILBOX
- 9.8.1. Each living space has a lockable MAILBOX in the main entrance area.
- 9.8.2. The name on the MAILBOX is written exclusively by City Pop.
- 9.9. HODIN
- 9.9.1. HODIN is the assumption of delivery costs for meals ordered and paid for.
- 9.9.2. HODIN only applies if the order is placed with City Pop partners listed in the app. The guest only pays for the meal ordered.
- 9.9.3. Ordering food from non-City Pop partners is subject to HODEX (see 10.4).
- 9.10. MPOP
- 9.10.1. The person in charge of the building locally is called MPOP.
- 9.10.2. For repair inquiries, questions about the object, for the services and for other, use-relevant questions, if the app does not provide sufficient information or contact possibilities, the in-house service MPOP is available.
- 9.10.3. The MPOP is usually available between 08:30 and 12:00 and between 14:00 and 16:00; In emergencies, the City Pop administration can be contacted directly via the app and/or the rescue and emergency services can be summoned (medical service, police, fire brigade etc.).
- 9.11 LIABILITY INSURANCE
- 9.11.1. The booking price includes liability insurance for damages up to CHF 3 million for damage to property and personal injury negligently caused by the guest, his/her companion or a registered and approved additional or replacement guest to third party property or a third party, with a deductible to the detriment of the person causing the damage of CHF 200.-.
- 9.11.2. The insurance cover does not apply to intentional and / or grossly negligent damage / damage and / or obvious misuse, or for items damaged by misuse.
- 9.11.3. The contractual and / or legal rights of recourse of the liability insurer to the person (s) responsible are unaffected. Further information on the insurance conditions can be viewed via the app.
- 9.11.4. The guest, his/her companion, the additional or replacement guest or the person causing the damage(s) are liable to City Pop for damaged or destroyed inventory items. The person causing the damage must pay the replacement or repair costs, including the cost of their own repair management (City Pop’s own costs plus external costs of the repair company). City Pop may, at its sole discretion and without any legal obligation, propose a flat-rate payment (e.g. the retail or goodwill price or similar), in order to simplify and speed up the settlement of claims.
10. Additional services requiring payment (“ONDE”)
- 10.1. The range of additional services is different depending on the location of the City Pop property. Paid additional services ONDE are provided exclusively to order. For individual additional services, a long-term booking is possible, e.g. with cleaning services SMARTCLEANING, EXTENSIVECLEANING or OTEX. The app is to be used for the order. Payment is to be made via the credit card of the guest at the time of the order or the booking of the additional service. The service can also be booked via E-mail and to paid by invoice.
- 10.2. Smart Cleaning
- 10.2.1. The general cleaning is called SMARTCLEANING and can be booked with the booking request and/or during your stay via the app or via E-mail.
- 10.2.2. How and when the apartment will be cleaned by the staff, will be communicated to the guest on site.
- 10.2.3. The cleaning staff are also authorised to enter in the absence of the guest.
- 10.2.4. In order to carry out SMARTCLEANING effectively, the surfaces to be cleaned must be kept free as far as possible.
- 10.2.5. SMARTCLEANING represents the “basic cleaning” of the living space. It is a general cleaning, which includes vacuuming, dusting, bathroom and toilet cleaning and floors, but not the cleaning of excessively heavy soiling, not washing dishes and kitchen utensils, no clean-up and no waste disposal.
- 10.2.6. Additional, more frequent, thorough cleaning or specific cleaning requests (e.g. window or refrigerator cleaning) are called EXTENSIVECLEANING and can be booked via the App or via E-mail.
- 10.2.7. During the service booking process, the conditions for the provision of the service will be displayed.
- 10.3. EXTENSIVECLEANING
- 10.3.1. Cleaning services additionally ordered by the guest are called EXTENSIVECLEANING and can be booked by the App or via E-mail.
- 10.3.2. The catalogue of home cleaning services and the respective prices and terms and conditions can be requested via the app or via E-mail.
- 10.4. ENDCLEAN
- 10.4.1. The final cleaning, called ENDCLEAN, is obligatory and the cost will be charged to the client along with the cost of booking the living space. These costs will be shown separately in the booking price. At the time of check-out, if the apartment is in an improper condition (dirt, rubbish) that requires more intensive cleaning than expected, City Pop reserves the right to make the guest responsible for the aforementioned additional cleaning costs.
- 10.5. OTEX
- 10.5.1. Washing and cleaning services, OTEX are for personal clothes and laundry, which can be booked by app.
- 10.5.2. The catalogue and the respective prices and terms and conditions can be requested by the app.
- 10.6. OWASH
- 10.6.1. Self-service washing machines and tumble dryer, OWASH are to be found in the building. These facilities can be used by every guest. For a better use of the washing machines and the tumble dryer, the guest is obligated to reserve an available time slot in the OWASH calendar via the app. It is not possible to reserve more than one time slot per day or more than three time slots per week.
- 10.7. HODEX Paid home delivery service for food, HODEX, which is ordered by the app from non-partner suppliers of City Pop and delivered to the living space. Since the order is not made by City Pop partners, the transport costs are to be paid by the guest himself (for home delivery service offers without additional transportation costs see HODIN)
- 10.8. KELIX
- 10.8.1. The storage room KELIX, can be booked for the entire duration of the stay or for a shorter period in addition to the living room for a charge.
- 10.8.2. A booking without accommodation being booked at the same time is not usually possible.
- 10.8.3. KELIX may not be used for residential purposes or other leisure activities (craft room, laboratory, plantations, etc.).
- 10.9. COKI
- 10.9.1. Depending on the City Pop location, a common room, COKI may be available, equipped with kitchen and useable by guests for sociable meals. Parties can be booked via the app.
- 10.9.2. The possibility of booking COKI depends on the respective availability, which cannot be guaranteed.
- 10.9.3. COKI includes kitchen utensils, cooking utensils, crockery and cutlery, which must be used carefully and returned completely, undamaged and in a clean condition after use (see the leaflet, which is binding).
- 10.10. CUBE
- 10.10.1. Sports equipment cabinets CUBE, which must not be used for perishable goods.
- 10.10.2. The return of the CUBE takes place at the latest with the return of the living space, unless the guest has already booked another living space for later, i.e. he is returning to the building.
- 10.11. INWELL
- 10.11.1. Depending on the City Pop location, wellness options, INWELL may be available, which can be composed of a gym, solarium, sauna, massages, body treatments, etc. according to the respective City Pop property facilities or those of existing providers.
- 10.12. INWO
- 10.12.1. Depending on the City Pop location, in-house workplaces and boardrooms INWO are available to business people and are for business use only.
- 10.13. PSPACE
- 10.13.1. Parking spaces are available for vehicles, PSPACE, depending on the City Pop location, which can be booked if available.
- 11. Booking process
- 11.1. Guests wishing to stay in a City Pop property will be informed on the WEBSITE or by the app about the availability of living space. If you are interested in a booking you can download the free app, select the desired accommodation and proceed with the booking. Through the app, the guest can discover the living space, the fixed additional benefits (INCLU), the additional benefits (ONDE) and the conditions of use. After taking note of this information and general terms and conditions, the guest clicks on “Booking request”.
- 11.2. After completing the booking application, including uploading the ID card copy, the guest submits the application to City Pop, who confirm receipt of the application and the estimated processing time. The guest will later receive a booking confirmation and an app access code if the processing of his application has resulted in a positive decision, or be informed of the stay being declined. Prospective guests do not have the right to discover the reasons for declining their booking.
- 11.4. With the booking confirmation, the booking becomes legally binding. The first payment is due immediately. The living space will not be provided if the first payment has not been received in a way that cannot be recalled and according to the booking. The receipt of the first payment is considered a further confirmation from the guest that the guest has read, understood and accepted the booking conditions.
- 11.5. Payment can be made by credit card or, in some cases – explained at the time of booking – by bank transfer. Payment in cash is not possible.
- 11.6. The information contained in the booking request is used by City Pop as a basis for the fulfilment of City Pop’s obligation to report data to the police and municipal authorities. This City Pop registration does not replace the guest’s own registration with the police and community authorities.
- 11.7. The guest is hereby informed of the publicly accessible internet pages of the responsible police and community authorities and is obliged to contact the competent authorities in accordance with the regulations and to fully comply with all reporting obligations and other residence requirements (payment of taxes, SERAFE, etc.). These obligations also apply to the accompaniment and to the supplement – and for replacement guests.
- 11.8. Failure to comply with the mandatory reporting obligations and the non-fulfilment of any residence requirements by the guest constitute material breaches of contract, which entitles City Pop to the immediate termination of the contract.
12. SELF CHECK-IN
- 12.1. The guest will receive a notification by the app with which he will perform the self-check-in himself on the day of arrival. In the booking offer and in the booking confirmation, the time from which this self-check-in is possible is listed.
- 12.2. On arrival in the living space, the guest will receive a checklist via the app, with which he can check if the INVENTORY entrusted to him is complete.
- 12.3. The INVENTORY is the detailed list of all the items provided in the living space and their condition (i.e. furniture + furnishings + textiles + dishes / cutlery + kitchen utensils + utensils, etc.) that City Pop entrusts to the guest and for which the guest is responsible.
- 12.4. When entering the living space, the guest is obliged to check the INVENTORY and report any discrepancies and/or defects within 24 hours of arrival to City Pop via the app. If the guest does not receive any feedback within 24 hours of the commencement of the living space and acceptance of the INVENTORY that the listed INVENTORY is incomplete or defective, it is assumed that it is complete and free from defects.
- 13.1. The guest has to leave the living space on the last day of the agreed contract period. It is listed in the booking offer and in the booking confirmation what time the guest has to leave the living space.
- 13.2. For check-out from the living space, the guest receives a checklist via the app. The guest is obliged to inform City Pop of any damage to or destruction of the INVENTORY entrusted to him/her prior to departure.
- 13.3. Damage to or destruction of the INVENTORY which exceeds normal wear and/or damage caused by improper use shall be charged to the guest. The amount of the compensation payable depends on the time value of the damaged or destroyed object(s), according to the amount of the repair costs plus the damage management costs of City Pop. The damages will be charged to the guest’s credit card. If a credit card charge is not possible, the guest will owe City Pop the relevant sum in cash (for which a receipt will be given) or by bank transfer.
- 13.4. The guest is to clear the living space completely and must either take all his/her belongings or book a STOBO and store them. The INVENTORY taken over upon arrival remains in the living space. The guest disposes of any rubbish independently and at his/her own expense.
- 13.5. The final cleaning is at the expense of the guests. It will be shown separately at the time of booking and the cost will be included in the total booking price. If the guest leaves the living space in an excessively dirty state, he/she will have to pay the additional special cleaning costs.
- 13.6. After check-out and returning the living space through City Pop, the guest will receive a final bill within approximately 5 working days.
14. Booking price/payment
- 14.1. The price is calculated daily at the time of booking and depends on the current demand or occupancy.
- 14.2. The booking must be paid for in advance. The living space cannot, or can no longer be, made available if the first payment or the subsequent payment(s) were not made according to the booking.
- 14.3. Depending on the length of stay, payments are due and payable on a 2-, 3- or 4-weekly basis, monthly, bi-monthly or quarterly.
- 14.4. If you are in arrears with a payment, you pay a default interest of 5% per annum from the expiry date. For each reminder, an administrative fee of CHF 20.- will be charged.
- 14.5. There is a credit card deposit of CHF 200.-, which serves as collateral for purchased, unpaid services and for any damage to the INVENTORY, the living space or to general facilities. The guest owes for any additional damage or damage amount in addition, if the amount of the deposit is insufficient or a credit card charge is not possible.
- 14.6. The prepayment of 8 weeks, of the deposit and the ENDCLEANING must be paid within the due date in the invoice. The prepayment of 8 weeks refers to the payment for the first 4 weeks of the stay and for the last 4 weeks of the stay. The prepayment mentioned before will confirm the booking. Without the prepayment being made within the due date, the booking can no longer be guaranteed.
15. Payment arrears
- 15.1. At the latest from the fourth day after the payment was due, the City Pop living space can be withdrawn.
- 15.2. After 4 days, if necessary after 2 days after payment was due, or after expiry of the booked and paid duration, City Pop is entitled to enter the living room for eviction, pack any belongings of the guest in a CUBE, provide an inventory and damage list containing the disposal costs (work plus discharge fee) for waste and write-offs, close, block access and re-allocate the living space for the booking by other guests, after necessary preparation. City Pop may, at its discretion, appoint an official if the circumstances warrant it. The costs of the attendant official are to be borne by the guest.
- 15.3. The guest is obligated – in addition to the usual costs – to cover the additional costs incurred by City Pop in an unscheduled eviction. In particular, the guest is obliged to pay the remaining booking costs (booking price for the remaining, contractually agreed time until the possible booking of the same living space by another guest, etc.). Also any costs incurred for the involvement of an official, the inventory, any disposal costs and the safekeeping of the things (only items of value) of the guest in the CUBE, or if needed elsewhere, will be charged to the guest and are to be paid by the latter.
- 15.4. Items of value are objects or documents that appear to be worthy of preservation according to local understanding, according to the autonomous, careful and comprehensible discretion of City Pop.
- 15.5. The CUBE with the inventoried belongings of the guest is kept for 3 months. Within this period, the guest can collect his property. As far as a right of retention of the items is legally possible, the release will take place step by step, against payment of the default sum by the guest.
- 15.6. If the guest does not pick up the stored items after 3 months, City Pop is entitled to appropriate the items as it sees fit. Before the disposal begins, an E-mail announcing this will be sent to the guest’s last known E-mail address reported by the guest as well as the E-mail address given by the guest as the emergency contact.
- 15.7. After the expiry of 10 days after the sending of the disposal announcement, City Pop shall be entitled to use the items at its own discretion, e.g. to sell them to any third party or assume them to be as its own property, taking into account the liquidation proceeds or value when calculating the guest’s bill.
- 15.8. The costs of the liquidation of the items must be borne by the guest. Any residual balance remains due to the guest. City Pop is authorised to dispose of items of negligible value at the guest’s expense. Certificates and other ID documents of the guest are kept for 10 years at the guest’s expense. Afterwards City Pop is entitled, but not obliged, to dispose of testimonials and other ID cards belonging to the guest.
16. How to join the City Pop Tribe
- 16.1. INTRODUCTION
- Being a real city popper means being civilized and considerate to people of different backgrounds and cultures in an atmosphere of mutual respect.
- 16.1.1. In order to ensure a healthy and peaceful guest coexistence, City Pop has created a binding Code of Conduct (“House Rules”) designed to facilitate the coexistence of guests and maintain the City Pop property in good condition.
- 16.1.2. “How to join the City Pop Tribe” also contains all the information you need to maintain your day-to-day relationships with City Pop and its service staff, as well as all the information you need to manage the activities associated with your stay.
- 16.1.3. The guest undertakes to sign the Code of Conduct ”How to join the City Pop Tribe” at the time of booking and to observe the rules, also in his own interest.
- 16.1.4. Substantial or repeated failure to comply with ”How to join the City Pop Tribe” entitles City Pop to terminate the agreement.
17. Guest Liability
- 17.1. The guest is liable for damages caused by careless, improper or contractually adverse use of the living space, the inventory, the equipment or the generally available facilities or installations by him/her. Liability applies both to the damage to property (repair costs for correcting the defect) and to the administrative costs incurred (organisation and monitoring of the defect’s rectification), the latter at cost price.
- 17.2. The guest is liable for damage to property or property of third parties, which happen in the building, within the scope of the liability insurance deductible of CHF 200.- per claim. Legal and/or contractual recourse rights of the liability insurance to the guest remain reserved.
18. City Pop’s liability
- 18.1. However, City Pop is liable within the scope of its own services exclusively for its own, grossly negligent behaviour. In particular, City Pop is not liable in cases of force majeure.
- 18.2. City Pop is not liable for problems with access to the building, in the context of the standard local, possibly even extreme weather conditions (snow, ice, hail, heavy rain, etc.), since the guarantee of safe use at any time cannot be guaranteed, and also the personal, weather-adequate equipment of guests and the degree of familiarisation of guests with the local climate can vary greatly.
- 18.3. City Pop insures its own liability risks on customary conditions.
- 18.4. City Pop strives to provide the promised services properly. No compensation is due for a temporary, minor restriction of use of the living space, the general rooms and installations, inventory and equipment, if the troubleshooting and problem solving occurs in a timely and customary manner. For heating or hot water issues, City Pop is required to resolve the issue within 24 hours or to arrange a temporary replacement after 24 hours at the latest.
- 18.5. If an included service (INCLU), despite the problem being dealt with in a manner that conforms to local standards in terms of time and content, is unavailable for a long period, the guest is entitled to a discount only for the period of the loss of use, in the framework of City Pop’s price calculation. Any further compensation will not be owed.
- 18.6. Should a charge-based additional service (ONDE) be temporarily unavailable, City Pop is not liable. Should an ONDE be unavailable for a longer period, City Pop shall be liable to the extent of the costs of the ONDE that has already been ordered and paid for, unless the customer has entered into a contract with the supplier of the ONDE. City Pop strives to keep the ONDE available, but cannot guarantee it. The liability for the ONDE, which was agreed directly between the guest and the supplier of the ONDE, is exclusively based on the provisions of the supplier of the ONDE in question. Any City Pop collection or billing services under the ONDE provided by third parties do not result in City Pop being liable for the services rendered or for damage caused to third parties as a result of the provision of services by the third party.
- 18.7. City Pop excludes liability for auxiliary persons to the extent permitted by law. City Pop takes care of the proper selection, instruction and supervision of its staff, in line with legal requirements.
- 18.8. In the event of the above agreements, City Pop shall be liable for at most the damage directly to the guest, i.e. not for indirect, further damages, nor for types of damage not typical locally and not covered by Swiss law, such as loss of enjoyment or multiple punitive damages with penalties and the like.
- 18.9. This limitation of liability is subject to the mandatory statutory provisions of Swiss law, substantive law, to the exclusion of international private law and to the exclusion of state contract law which is subject to the party’s position.
- 18.10. City Pop is not liable for loss or theft of the guest’s property, unless the loss or theft has been proven to be caused by poor service on the part of City Pop. The guest is required to keep his valuables in a locked cupboard, especially if he is not in the living room at the time when services are provided. The guest makes sure that he has adequately insured high value items, and/or has protected against access by unauthorised persons.
- 18.11. Insofar as City Pop is liable, this is limited to the amount of CHF 1,000.- per claim.
- 18.12. The measures to ensure the safety of persons and property are within the customary framework and do not include, for data and privacy reasons, complete monitoring of passenger movement in the building.
19. Completeness of the booking conditions / Deviating agreements
- 19.1. The regulations valid for the booking result conclusively from the object description, from the information in the booking request, from the booking confirmation, from these terms and conditions as well as from the respectively compelling applicable legal regulations. Other provisions do not apply. In addition, there are no verbal agreements, and these are not permitted.
- 19.2. If the guest desires special conditions and / or deviations from these terms and conditions, these are to be agreed with the City Pop specifically and expressly.
- 19.3. Any changes and additions to the regulations and the agreements made must be made at least in electronic form. Electronic written form means a printable, two-sided correspondence, from which the concurrent will of the guest and City Pop is clear.
- 19.4. City Pop and/or the MPOP are entitled to warn the guest, within the framework of the regulations, agreements and legal provisions, to comply with them and to issue corresponding instructions (right of instruction / house rules / code of conduct, etc.).
- 19.5. For special, additional agreements with the guest in individual cases, the requirement for at least the electronic written form applies, which must include the express acceptance and confirmation by City Pop. Acceptance by silence is explicitly excluded.
20. Unscheduled gaps in regulations and contract terms
- 20.1. Should it become apparent during the booking period that a legally relevant issue was not or not adequately regulated, or if a provision originally or subsequently does not prove to be legally feasible, the filling of the gap will be done primarily in analogy to the provisions already made and the economic intent and purpose. The sense and spirit of the previous booking and the associated regulations and agreements made are to be preserved as far as possible. The highest guideline is an appropriate, substitute, universally applicable, but also fair in a concrete individual case, solution that is appropriate for the operating concept of City Pop.
21. Handover waiver
- 21.1. The guest agrees that the booking is purely digitally confirmed and processed. There is no requirement for a written copy and signing of the booking.. If the guest or City Pop needs a written and signed copy for official or other, well-founded purposes (e.g. for payment purposes), such will be created by way of exception. If possible and permissible, the parties will endeavour to provide legally binding evidence through the use of electronic signatures.
- 22.1. Exclusively Swiss law is applicable, to the exclusion of international private law and the Vienna Sales Convention.
- 23.1. Exclusive and sole place of jurisdiction worldwide are the courts of the city of Zurich. If proceedings are brought in other jurisdictions, no defence will be offered. Arbitration tribunals and other alternative litigation procedures are expressly excluded.
- 23.2. Should City Pop incur costs as a result of unauthorised claims by the guest at other places of jurisdiction, at arbitration tribunals or other alternative litigation, the guest is obliged to fully pay all costs incurred in connection therewith, regardless of the cost regulation provisions of the other, inadmissible procedure.
22. Applicable law
HOW TO JOIN THE CITY POP TRIBE
- Being a real city popper means being civilized and considerate to people of different backgrounds and cultures in an atmosphere of mutual respect. In order to ensure a healthy and peaceful guest coexistence, City Pop has created a binding Code of Conduct (“House Rules”) designed to facilitate the coexistence of guests and maintain the City Pop property in good condition.
“How to join the City Pop Tribe” also contains all the information you need to maintain your day-to-day relationships with City Pop and its service staff, as well as all the information you need to manage the activities associated with your stay.
The guest undertakes to electronically confirm the code of conduct ”How to join the City Pop Tribe” at the time of booking and to declare that they have understood and agreed to all provisions and to observe the rules, also in their own interest. With the confirmation by clicking ”How to join the City Pop Tribe” becomes legally binding. Substantial or repeated failure to comply with ”How to join the City Pop Tribe” entitles City Pop to terminate the agreement.
1. Duty of careful use
- 1.1. There is a ban on changes to the furniture and other furnishings of the living space. Structural changes are strictly prohibited. The furniture must not be altered, or damaged with nails or otherwise. The use of the furniture and the equipment has to be carried out as normal, resulting in normal wear and tear. Pictures, posters, etc. may be hung in the designated places. The hammering of nails in the walls etc. is not permitted.
- 1.2. The guest is allowed to dispense with individual, movable furnishings and equipment and hand them over to City Pop if they are not to be used. Not using parts of the furniture or the equipment does not entitle the guest to a price reduction, as City Pop pays for the costs of storage. If the guest wishes to use the returned items, they will be given back to him/her.
- 1.3. The guest may bring their own, movable, small furniture items, which may not be permanently mounted or installed in the living room. The small furniture brought in may not damage the existing equipment or remaining furniture.
- 1.4. The permanent installation of satellite dishes or other technical equipment as well as the insertion of further cables is prohibited.
- 1.5. Inventory, furniture, upholstery, equipment and household textiles may not be removed from the living space, given away, sold or given to third parties. The use takes place exclusively together with the living space and/or with activities in the building (e.g. also the gym, the sauna, the solarium etc.).
- 1.6. The guest must not carry out any independent repairs to the living space, to the installations, to the other equipment or to the furniture. The guest is obliged to report damages and any repairs required to the MPOP and/or to City Pop.
- 1.7. The Guest is required to use the COZI and the COKI with care and to clean up and clean the common room, in particular for private parties or events requiring simultaneous use by more than one person.
2. Obligation to consider other guests
- 2.1. Noise
- 2.1.1. Sound reproduction devices of any kind, including musical instruments, are to be operated in the living spaces at the customary domestic noise level. Common areas may not be used for the operation of sound reproduction equipment, not for private concerts, not for other performances and not for private parties with exclusive groups of persons (except for the organisational availability booking of the common room as ONDE). Multi-person singing events or band rehearsals in the living spaces are not permitted.
- 2.1.2. Playing music with any kind of musical instruments is only allowed during the day. Amplifier systems for musical instruments may not be used in the living spaces. Private singing is considered to be equivalent to making music with musical instruments.
- 2.1.3. From 10pm to 7am, the legal requirement for quiet at nightly period can be applied. During the night, the use of the living space should be limited according to the requirement of consideration. Only correspondingly quiet multi-person events (private parties and invitations, etc.) may be held, and sound reproduction devices must be used only on a correspondingly quiet setting. The active playing of musical instruments is prohibited during this time. Guests are advised that the nightly period can be enforced by the police and that the police can be called in by the local custom to enforce the night’s sleep without the involvement of City Pop.
- 2.2. Odour
- 2.2.1. Smoking in the living rooms and on the balconies is prohibited. Barbecuing is also prohibited on the balconies or in outside areas.
- 2.2.2. When preparing odour-intensive meals, the living space must be adequately ventilated each time so that the aromas do not settle in the fittings. Ventilation by opening the entrance door must be avoided, so that the general areas are not affected by odour emissions.
3. Appropriate operation of living space, installations, furniture and equipment
- 3.1. All items provided are to be operated according to their purpose. Damage must be prevented as far as this is in the power of the guest.
- 3.2. Open fires in the living room, on balconies or in the general area are strictly prohibited. Excluded from this rule are candles, which may be and remain lit only in the presence of the guest.
- 3.3. The operation of additional, private radiators of any kind is prohibited. Windows should not be kept permanently open during the heating season and should not be permanently tilted.
- 3.4. Electrical devices may only be used if they are suitable for the national voltage of 220 to 230 volts and they have a safety seal of a globally recognised organisation (e.g. “CE”).
- 3.5. The guest must not make any electro-technical changes to the sockets and other electrical installations. If a plug does not fit, use a mobile adapter plug. The guest is fully liable for any damage caused by failure to comply with these regulations.
- 3.6. Sun protection systems are not to be used in bad weather.
- 3.7. The storage of objects, clothing, racks, waste, sports equipment, etc. in the public areas, especially in front of the front door or in the corridors, or on the balcony is prohibited.
- 3.8. The disposal of solids, such as leftovers, hygiene articles, etc., through the toilet or other siphons is strictly prohibited. The costs incurred by disregarding this provision for the demolition of WCs and other siphons are fully charged to the guest causing the problem.
- 3.9. The use of the lift system must be carried out according to the conditions listed in the lifts. Lifts are used for passenger and material transport and are not for entertainment. The emergency call installation in the lifts may only be used in case of emergency. Heavy transport or the transport of large goods in the lifts is not allowed. Guests are liable for damage to lifts due to improper or prohibited use.
- 4.1. The residual moisture caused by the operation of the wet cells or by boiling is to be removed by intensive daily ventilation. Intensive ventilation means the complete opening of all windows (but not the front door) for 5 to a maximum of 10 minutes.
5. Waste management
- 5.1. Waste disposal is the responsibility of the guest. Only official, paid-for garbage bags may be used. Only official, payable garbage bags may be deposited in the container systems of City Pop. There are state-run, free collection points for recyclables such as glass, metal, waste oil, etc. For more information and explanations, guests are invited to visit the appropriate community websites.
6. Reporting and rectification of damages and defects
- 6.1. Defects and other damages to be remedied must be reported to the MPOP, who is responsible for the organisation and monitoring of the rectification of defects and is responsible for claims management.
- 6.2. Lighting and technical installations will be replaced by City Pop free of charge unless the guest is responsible for defects resulting from misuse or intentional damage.
- 6.3. For larger repairs in the living space, City Pop will take appropriate measures to maintain service delivery. For minor defects and repairs, which can be corrected in accordance with the current state-of-the-art, there can be no claim of the guest for price reduction or compensation. See the terms in the terms and conditions.
7. Pet prohibition
- 7.1. Keeping pets is prohibited. There is no entitlement to the grant of an exception. If a guest holds a pet contrary to the contract, which leads among other things to noise or odour nuisance for the other guests and/or to multiple use or damage to the living space, this represents a fundamental breach of contract, which authorises City Pop to terminate the contract immediately. In other cases, the guest must remedy the situation within a reasonable period in order to fulfil the contract as agreed.
8. Security in the building
- 8.1. The building does not have specially trained security personnel who could be contacted in an emergency. Therefore, the following applies, which also results from the attacks in the living space:
- 8.2. In the case of criminal incidents (break-ins, threats, etc.), immediately and directly call the police on the emergency number 117. City Pop must be notified by the app.
- 8.3. In the case of fire, the fire brigade must be informed immediately by the emergency number 118. City Pop must be informed by the app. Your own efforts to extinguish the fire are only to be undertaken in the event of a trivial incident where there is no security risk for the guest and / or the other guests. In case of doubt, call the fire department.
- 8.4. In the case of medical emergencies, life-saving measures must be initiated immediately and the medical service must be contacted on telephone number 144. City Pop is then to be informed via the app.
- 8.5. The front door is locked 24 hours a day so that unauthorised third parties have no access. Access to the building is only possible by using the badge and is not monitored by City Pop personnel.
- 8.6. The existing monitoring systems allow, inter alia, for data and privacy reasons, neither a monitoring of all general areas, nor a permanent storage of recordings. The guest acknowledges and agrees that the existing security systems will be operated. There is no claim of the guest to other or further security measures.
- 8.7. In the following cases, zero tolerance applies: trade in drugs and illicit substances, arms trafficking, money laundering or counterfeiting activities, commercial activities with a sexual background. If there are any signs of these zero tolerance activities, City Pop will call the police. Guests and visitors involved in such zero tolerance activities will be removed from the building immediately. There is no claim for reimbursement. City Pop will create the final bill as if the respective guest had voluntarily left the living space early. The designated guest owes City Pop any remaining balance and compensation according to the final statement, including any costs incurred by the authorities.