ADDRESS, CONTACT, CUSTOMER SERVICE
Name and registered office of the company: Nest Temporary AG, Lauriedstrasse 7, CH-6300 Zug, Commercial register company number: CH-100.4.788.781-9 Swiss VAT number: CHE-114.158.694-MWST Management: Philippe Aenishaenslin; Contact for customer enquiries: welcome@mynest.ch. The entire content of our website, such as texts, images, graphics, other files and software, is protected by copyright and other laws for the protection of intellectual property. They may not be copied or modified for commercial purposes or for distribution or used on other websites. All of these rights are held by Nest Temporary AG. Use without our express consent is not permitted.
WARRANTY
The statutory warranty provisions apply. In the event of defects in the delivery, please contact our customer service by e-mail (welcome@mynest.ch) immediately after they have been discovered. Customer service will send you a return label within two to three business days. You can return the defective goods to us free of charge. We will replace defective goods. If this is impossible or unreasonable in individual cases, we will refund the purchase price already charged. In the event of an incorrect delivery, please also contact our customer service by e-mail (welcome@mynest.ch) immediately after it has been detected. Customer service will send you a return label within two to three days. You can return the incorrectly delivered goods to us free of charge. The purchase price will be credited back upon receipt of the goods.
RIGHT TO RETURN
If you are a consumer, i.e. a natural person who completes the purchase for a purpose that can be attributed neither to your commercial nor to your independent professional activity, you are entitled to the right of return described below. This does not apply to goods that have been specially manufactured for you according to individual customer specifications.
Return Policy
You can return the goods received without giving any reason within 7 days by returning the goods. The period begins after receipt of this instruction in text form (e.g. as a letter, fax, e-mail), but not before receipt of the goods by the recipient (in the case of recurring deliveries of similar consumer goods not before receipt of the first partial delivery) and also not before fulfillment of our legal information and other obligations. Only in the case of goods that cannot be sent by parcel (e.g. bulky goods) can you also declare the return by requesting a return in text form. The timely dispatch of the goods or the request for return is sufficient to meet the deadline. In any case, the return is at our expense and risk. The request for return must be made to: Nest Temporary AG, Lauriedstrasse 7, CH-6300 Zug; E-mail: welcome@mynest.ch
Return Sequences
In the event of an effective return, the services received by both parties shall be returned and, if applicable, any benefits derived shall be surrendered. In the event of a deterioration of the item and for uses (e.g. advantages of use) that cannot be surrendered or cannot be surrendered in part or can only be surrendered in a deteriorated condition, you must compensate us for the value. You only have to pay compensation for the deterioration of the item and for any benefits derived if the use or deterioration is due to handling of the item that goes beyond the examination of the properties and functionality. "Testing the properties and functionality" means testing and trying out the respective goods, as is possible and customary in a retail store, for example. Obligations to reimburse payments must be fulfilled within thirty days. The period begins for you with the dispatch of the goods or the request for return, for us with the receipt.
RENTENTION OF TITLE
Delivered consumer goods remain our property until they have been paid for in full. The customer is obliged to cooperate with measures that are necessary to protect our property. In particular, upon conclusion of the contract, the customer authorises us to register or reserve the retention of title in public registers, books or the like at the customer's expense in accordance with the relevant national regulations and to fulfil all formalities in this regard.
PAYMENT
Payment can be made at our discretion by prepayment, credit card or e-finance. The invoice amount will be debited prior to arrival/delivery for short-stays up to 21 nights or purchased consumer goods. Mid- and long-stays will be debited on monthly intervals with the first debit prior to arrival. We reserve the right to deliver goods exclusively against prepayment. In the case of payment on account, you undertake to pay the invoice amount within 14 days of receipt of the invoice. If you are in arrears with the payment, we reserve the right to charge a reminder fee. You can only exercise a right of retention if the claims originate from the same contractual relationship. Payment by sending cash or cheques is not possible. We exclude liability in the event of loss.
DELIVERY
All deliveries are made upon individual agreement. If we do not have an item available in stock, we will inform you immediately of a new delivery date.
PRICING & DELIVERY CHARGES
All prices are inclusive of the statutory sales tax and value added tax. The cost of delivery are subject to the offer.
CONCLUSION OF THE CONTRACT
Our website is not an offer in the legal sense, but an invitation to the offer. With the final confirmation of your order, you make us a binding offer to conclude a purchase contract. After that, you will immediately receive an e-mail from us about the receipt of your order. The acceptance of your order and thus also the conclusion of the contract takes place by sending an order confirmation with the Track & Trace number of your package, if the shipment has taken place. In the case of prepayment, we confirm the conclusion of the contract by sending us our account details. We are free not to accept an order for any reason and to refuse to confirm it. We reserve the right to change prices and product ranges at any time. Deliveries will only be made if the delivery and billing address is in Switzerland. If, after the order confirmation, it is determined that the delivery cannot be fulfilled in full because individual products are not in stock at short notice, we will inform the customer in writing of a new delivery date.
VALIDITY
Our deliveries are made exclusively on the basis of these General Terms and Conditions (GTC). These terms and conditions apply to the processing of all orders placed with Nest Temporary AG via the Internet. At the latest upon receipt of our goods, these terms and conditions shall be deemed to have been accepted by the customer. Our online product offers are only valid as long as they are visible on the website and while stocks last. The images shown on the website are for illustration purposes only and are not binding.
RULES OF STAY
General
Units and balconies have to be kept in a clean manner. The interior must be treated with care and shouldn’t be moved around, personal pictures can’t be hung- up nor can holes be drilled into the walls.
Strictly Non-Smoking Units
Smoking in the units is strictly prohibited. If signs of smoke are found, Nest reserves the right to charge the extra cleaning efforts and the possible charges for the work involved to renovate the unit or for the exchange of items.
Quiet time
Please respect your neighbors! Tenants are asked to avoid noisy activities (loud music, TV, etc.) between 10 p.m. and 7 a.m. Noisy activities are considered to be activities which can be heard in the neighboring units.
Airing your unit
Each unit should be aired frequently – at least 3 to 5 times a day. The draft created by this will avoid mildew and also keeps damp areas dry. Our apartments are equipped with an air quality meter. It helps us save energy, ensures better hygiene and helps prevent damage from condensation in the home. We always strive to keep the well-being of our guests at a high level. Therefore, we can check the air quality in the apartments, if the measurement results require it, we will contact the guest.
Garbage
Please only use the official taxed garbage bags. These bags can be purchased at the cash registry of any grocery store or post office. Please dispose the garbage bags at the designated areas of the unit building.
Departure
Please leave the unit in good condition and dispose food, seasoning, bottles, cardboard etc. separately. All keys must be returned to Nest upon check-out - please follow the instructions given to you nearer to your check-out. If a key is lost, Nest will automatically change the locks and charge the tenant for work and material (also see Keys). Predetermined end cleaning charges cover a normal hygienic change of user service. Nest reserves the right to charge extra for disposal of items or intensive cleaning efforts needed.
DATA PROTECTION
If the tenant and the guest, i.e., the individual using the unit, are non-identical, the tenant guarantees that the guest agrees to the processing of his or her personal data by Nest according to the provision set out in the Booking Agreement. The tenant further guarantees that the guest is aware of his or her rights concerning such processing as set out in the Booking Agreement. In case the tenant fails comply with this provision, it shall indemnify and hold harmless Nest against all liabilities damages and claims (including costs and expenses arising therefrom) which may be incurred.
For the execution of this Booking Agreement personal data of the guest, i.e., the individual using the unit will be processed by Nest. Without the provision of personal data of the guest, this Booking Agreement cannot be concluded. The Guest explicitly agrees to the processing of his or her personal data for the purpose of the execution of this agreement. The guest further agrees that Nest may transfer his or her personal data to Swiss authorities or to a third party involved in the execution of this agreement (e.g. cleaning service provider). The personal data will be stored for time legally required. The guest has the right to request from Nest access to and rectification or erasure of personal data or restriction of processing or to object to processing as well as the right to data portability. The Guest has the right to lodge a complaint with a supervisory authority. This consent can be withdrawn at any time.
GUEST REGISTRATION
Nest is obliged to register move-in dates with the local authorities in Zurich - unless otherwise defined. Guest are obliged to register their residency with the local “Kreisbüro”.
PLACE OF JURISDICTION & APPLICABLE LAW
If you are a merchant, commercial company or legal entity under private or public law or a special fund under public law, the place of jurisdiction for all disputes arising from or in connection with the contractual relationship shall be the registered office of Nest Temporary AG, although we shall also be entitled to sue you at your place of residence or registered office or any other place of jurisdiction granted by law. In the event of disputes arising from consumer or consumer contracts, you may bring an action at the domicile or registered office of one of the parties. All legal relationships between us and the customer shall be governed by substantive Swiss law to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (Vienna Sales Convention, CISG). If you are a consumer, the statutory provisions of the state in which you have your habitual residence also apply, from which you may not deviate by agreement. Should individual provisions of these terms and conditions be inadmissible, this shall not affect the validity of the remaining clauses.
STRICTLY NON-SMOKING
All units are strictly non-smoking. If signs of smoke are found, Nest reserves the right to charge the extra cleaning efforts and the possible charges for the work involved to renovate the unit or for the exchange of items.
PETS
Nest generally accepts pets in most of the units at an additional charge. Please contact welcome@mynest.ch to register your pet.
A pet agreement with rules will be part of the rental agreement. If signs of non-approved pets are found, Nest reserves the right to charge a penalty fee, the extra cleaning efforts and the possible charges for the work involved to renovate the unit or for the exchange of damaged items.
The guest is responsible for all damages and is 100% liable to recover the cost of inventory, no matter of item age.
DAMAGES
The condition of each unit is reviewed and damages are noted and, if necessary, repaired. The guest has a period of 48 hours upon check-in, to notify Nest of deficiencies. The guest is responsible for reporting any kind of damage incurred during the rental period. Damages resulting from abusive handling of inventory beyond normal wear and tear will result in a replacement or repair. The costs including a service charge will be charged to the guest.
SERAFE
SERAFE is the annual charge for the National Information Broadcasting Service/National Radio & TV Taxation.
The federal government taxes each individual for the national information broadcasting services. This tax is due upon registration and will be collected by SERAFE (https://www.serafe.ch/en/). Upon deregistration, each individual can claim the tax back pro rata temporis. This taxation is not included in the agreed rent.
RENTAL EXTENSIONS
Extensions are always subject to availability. In the case of an extension, previous booking rates are not guaranteed.
Please note that extensions can only be verified during office hours, on business days, Monday to Friday (8:00 a.m. to 5:00 p.m.) and must be received at least one business day (24 hours) before the originally scheduled move-out date. Otherwise we have to charge for the costs incurred for the cleaning staff who have already been mobilized.
SECURITY DEPOSITS
Private guests are required to provide a valid credit card and a copy of a valid ID/Passport. Nest reserves the right to charge a CHF 2/night deposit waiver. The credit card is required as a back-up to ensure payments of side cost or damages.
If an issued contract requires an amendment, Nest has the right to charge a handling fee of CHF 50 + VAT for the change.
ALL INCLUDED RATES
Unless otherwise agreed and commuicated, rents include the cost of stay, utility charges, two unit fresh-ups per month, one unit end clean and the value added tax. SERAFE is not covered in the rent and has to be covered by the guest separately upon registration.
RENT PAYMENTS
Unless otherwise agreed and communicated, rents are due ahead on the first day of the month. The first invoice is due immediately after signing the agreement. Nest reserves the right to charge the accrued costs and interest (5% p.a.) in co-ordination with late payments.
IMMEDIATE TERMINATION WITHOUT NOTICE
Nest reserves the right to terminate the rental without notice in the event of rent payments that are constantly late, two months in arrears, negligence or endangerment of the rented property, unauthorized subletting, disturbance of domestic peace. Domestic peace is disrupted, for example, in the following cases: gross violation of house rules, noise pollution, aggressive behavior or insults.
LIABILITY
The guest promises to take care of housing space and all inventory provided and is aware, that he/she is personally responsible for the unit. Any damage (excl. wear & tear) or any extraordinary cleaning requirements will be charged to the guest with a service charge. Nest provides a move-in inspection report with pictures documenting the condition of the unit. Personal effects and valuables belonging to the guests as well as damages caused within the unit are not insured. Please ensure that a valid liability and house-hold goods insurance is in place.
All companions in a residential unit are sub-tenants. The sub-tenants are liable to the main guest. The subtenant is solely responsible for his rented room. All sub-tenants are jointly liable for damage and culpable behavior for common areas such as dining and living rooms, kitchens, hallways, bathrooms. Rental interest is not jointly and severally liable. Damage must therefore be reported to Nest immediately. The sub-tenant is liable if he deliberately or carelessly causes damage to the apartment. The sub-tenant must also be liable for damage caused to the rented property by persons in his household. It is recommended to take out personal liability insurance.
KEYS
All keys and door locks of apartments in Switzerland are unique and individually tailored to the building and apartment. In the case of a key loss, the entire lock mechanism/cylinder has to be exchanged. The cost of an exchange triggers a cost of CHF 800 to CHF 1500. Additionally a 10% service fee (excl. VAT) will be invoiced for the issue resolution. The loss of non-security keys is charged with CHF 50 plus a 10% service fee (excl. VAT). The charge can be re-claimed from your household goods and liability insurance.
Suggested protocol in case of a key loss
Inform us of the loss, so that we can provide a first level of support and guide you through the steps
We usually wait a couple of days before we initiate the cylinder exchange, because often keys are just miss-placed and surface sooner or later.
Things you can do
Stay calm!
Mentally follow what you did since you last had the key
Contact the local lost & found office
Search all your personal belongings.
EMERGENCY
In case of fire, leave your belongings in the unit, exit the building via the staircase and assemble at a safe distance to the building. Do not use the elevator. Call following service in case of an emergency:
FIRE – 118
AMBULANCE – 144
POLICE – 117
ACCESSIBILITY
Wherever possible, we make sure that our apartments are accessible to people with disabilities. Unfortunately, this is not always possible in older buildings due to the existing structural conditions.
UNIT FRESH-UPS DURING STAY
The first fresh-up commences at the earliest 5 days after arrival. The last fresh-up no later than 5 days before departure.
ARRIVAL & DEPARTURE
The standard contractual stay commences on the agreed day at 4 p.m. and ends on the agreed day at 9 a.m. In case an alternative arrival or departure time is required (please get in-touch with your contact at Nest or welcome@mynest.ch), following fees may be applied:
Check-in from 12 p.m. to 4 p.m. - Free-of-charge and subject to availability.
Check-in prior to 12 p.m. - One night charge and subject to availability.
Regular check-out between 8 a.m. to 10 a.m. - Our Hosts will contact the guest to arrange the check-out process.
Check-out from 10 a.m. to 12 p.m. - Free-of-charge and subject to availability.
Check-out after 12 p.m. - One-night charge and subject to availability.
CANCELLATION
The standard cancellation period is 30 days, unless otherwise agreed. In case of a cancellation from Nest, a two-week cancellation period, according to OR 266e, is applied.
UNIT ACCESS
During the tenancy, the temporary housing units will not be entered by Nest unless an emergency situation (fire, burst water pipes, etc.) requires immediate attention or for all cleaning and maintenance activities. Nest reserves the right to access the unit for marketing and unit condition check purposes with a 24h notice period
RESPECT
Things work in Switzerland because we respect everyone. Respect means regarding the feelings, preferences or wishes of others.