General Terms and Conditions

The real estate portal habitabell.ch is operated by Namsu GmbH (hereinafter: Namsu) with registered office in 8707 Uetikon am See. With its habitabell.ch platform, Namsu offers a real estate portal (hereinafter: Platform) through which brokerage services for rental apartments are offered on behalf of prospective tenants.

To improve the readability of these Terms and Conditions the masculine and feminine forms are not used. If only the masculine form is used, this always expressly includes the feminine form.

By accessing the Platform, you as a user (hereinafter: User or Customer) agree to the following terms and conditions:

Part A – General Terms of Use

1. Usage of the platform

Namsu does not charge a fee for the actual use of the Platform. A fee in the sense of a brokerage commission is only owed under the conditions described in Part B.

2. Content and warranty

Exclusive apartment listings can be called up on the Platform.

To view the exclusive listings in full, Users must first register using their full name and valid e-mail address. After successful registration, Users receive access to exclusive real estate listings containing various information and photos of the respective rental properties. The content of these advertisements is based on information provided by current tenants of the rental properties to Namsu. To the extent permitted by law, Namsu expressly excludes any form of warranty for the correctness and/or completeness of the content presented. Downloading and/or obtaining information made available on the Platform is exclusively at the User's own risk.

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 right, at any time and without prior notice, to change the functions of the Platform and/or to discontinue them permanently or temporarily in whole or in part. At no time shall the User be entitled to the continuation of the Platform. Namsu reserves the right to block a User's access to and use of the Platform, especially if the company discovers or suspects 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. Namsu is not responsible for the content of these websites. No liability is assumed for the content and correct functioning of such websites (third-party websites that can be accessed via a link).

6. Data protection

Data protection is governed by the current version of Namsu's privacy policy. The privacy policy can be accessed via the following link: Privacy

7. Amendment clause

Namsu reserves the right to amend these General Terms of Use at any time. The currently binding version of the applicable General Terms of Use can be accessed via the homepage (www.habitabell.ch).

8. Severability clause

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

9. Place of jurisdiction and applicable law

For all disputes arising from or in connection with the use of the Platform, the ordinary courts at the registered office of Namsu shall have exclusive jurisdiction. Swiss substantive law shall apply exclusively (to the exclusion of private international law).

Part B – General Terms and Conditions of Contract

1. Scope of application

These General Terms and Conditions of Contract govern in detail 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 "Broker") for the service offered on the Platform (hereinafter also referred to as the "Broker Service") and the resulting brokerage of rental apartments in Switzerland.

On the habitabell.ch homepage, the User has the option of registering for the Broker Service of Namsu GmbH. By registering, the User expressly agrees to the following contractual conditions.

2. Conclusion of contract

By registering for the Broker Service and confirming these General Terms and Conditons of Contract (by ticking the corresponding link), the customer enters into a brokerage contract within the meaning of Art. 412 et seq. OR with the Broker (i.e. with Namsu GmbH).

After conclusion of the contract, the Customer will receive by e-mail, subject to availability, offers for brokerage rental properties that match or come close to his search criteria and/or access to details of the rental apartments listed on the homepage and available for brokerage. The Customer then has the option of arranging viewing appointments for the rental properties in question.

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 by 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 due if the rental contract is not issued within four weeks of the Customer's application.

5. Multiple applications

If a Customer applies for more than one apartment from the Broker Service portfolio within four weeks and more than one rental contract is subsequently issued to the Customer, the Customer shall only owe a commission in the amount corresponding to the rental contract actually signed by him or, if the Customer does not sign a rental contract, 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. The application for an apartment is usually made via the website namsu.ch.

7. Obligations of the customer

The Customer undertakes to provide truthful information and to inform the Broker immediately if his contact details change or if he is no longer interested in an apartment he applied for. If the Customer indicates to the Broker that he is no longer interested in an apartment after the rental contract has been presented to him, this does not release the Customer from the obligation to pay the agreed Broker's commission.

8. Obligations of the Broker

The Broker undertakes to provide the Customer with all relevant information about the rental apartments and to coordinate viewing appointments. However, the current tenant is generally responsible for granting access to the rental property in question.

At no time during the term of the contract is the Customer entitled to be offered specific rental properties of a certain quality or number.

9. Data protection

The Broker 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 Broker shall only be liable for contract-related damages resulting from 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 General Terms and Conditions of Contract 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 Broker's registered office.

These General Terms and Conditions of Contract 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 of Contract is always available on the Broker's website.

These General Terms and Conditions of Contract are also available in English on habitabell.ch. Only the German version is legally valid for the contracting parties.

Version: 25 July 2024