Terms and Conditions

Last updated: July 23, 2021

General information

Nomadoo AG, Bahnhofstrasse 10, 8001 Zurich, Switzerland (hereinafter "Nomadoo") operates a digital platform on the website nomadoo.com (hereinafter "Nomadoo platform"). On the Nomadoo platform, residential and business premises as well as accommodations of other kinds (hereinafter collectively referred to as either “Accommodation” or "Accommodations") can be published and offered for temporary rental via advertisements by lessors (hereinafter referred to as either “Lessor” or "Lessors"), or searched for and booked for temporary rental by lessees (hereinafter referred to as either “Lessee” or "Lessees"; “Lessor”, "Lessors", “Lessee” and "Lessees" hereinafter collectively referred to as "Users").
The Nomadoo platform serves to arrange the conclusion of contracts for the temporary rental of Accommodations. Nomadoo, as operator of the Nomadoo platform, is neither owner, administrator or provider of Accommodations, nor real estate agent or contracting party or any other participant to the contracts concluded directly between the Lessors and the Lessees.
These Terms and Conditions govern the contractual relationship between Nomadoo and the Users of the Nomadoo platform. All other terms and conditions declared binding herein form an integral part of this contract. Any terms and conditions of Users do not apply to the contractual relationship between Nomadoo and the Users.

Use of the Nomadoo platform, user account and conclusion of the contract

The use of the Nomadoo platform is available to natural persons aged 18 or over, as well as legal entities, having their registered office respectively place of residence in Switzerland or abroad.
In order to use the Nomadoo platform as a Lessor or Lessee, a user account must be created. Only one user account may be created per User. If a user account is created in the name of a legal entity, a natural person must be specified who is authorized by the legal entity to act on behalf of it in connection with the use of the Nomadoo platform.
Users undertake to keep the password to the user account confidential and to adequately protect the devices with which the Users access the Nomadoo platform from third-party spying attacks. In the event of suspected disclosure of the password to third parties, Users must change the password and inform Nomadoo immediately. Users are responsible for all activities occurring through their user account on the Nomadoo platform, unless those activities were neither authorized nor otherwise negligently caused by them (for example by failing to report immediately to Nomadoo in case of disclosure of the password to third parties).
The contract between Nomadoo and Users regarding the use of the Nomadoo platform comes into effect through the creation of a user account and is concluded as soon as the Users receive confirmation of the creation of the user account from Nomadoo by email.
By creating a user account, Users agree that their general information (in particular name, possible photo and contact details) can be viewed by other Users on the Nomadoo platform. Further information on the collection, use and disclosure of personal data can be found in the Privacy Policy.
Users of the Nomadoo platform are obliged to provide all information truthfully when creating the user account and to keep all information in the user account accurate, complete and up to date at all times.
Nomadoo reserves the right to reject an application for the creation of a user account without providing reasons. There is no entitlement to the creation of a user account or to the use of the Nomadoo platform.
Users are responsible for the use and handling of personal data of other Users or third parties in accordance with the applicable data protection laws, these Terms and Conditions and Nomadoo’s Privacy Policy.

General conditions for bookings of Accommodations

With the receipt of a booking confirmation or the confirmation of a booking request by the Lessor, the contract between the Lessor and the Lessee comes into effect. All terms and conditions, rules, regulations, standards and guidelines listed in the advertisement of the Accommodation and during the booking process form integral part of the contract between the Lessor and the Lessee.
The payment of all fees owed by the Lessee in connection with the booking of an Accommodation is either handled by Nomadoo or is otherwise to be settled directly between the Lessor and the Lessee. Nomadoo reserves the right to regulate the conditions for processing payments for bookings in separate Payment Terms and Conditions of which Users will be notified by email with at least 30 days' notice before they come into force, indicating the Users' right of termination in accordance with these Terms and Conditions, in case the Users do not agree with the modifications. If Users do not terminate the contract with Nomadoo before the modifications come into force, this is regarded as consent to the modification of the Terms and Conditions.
Cancellation of bookings and payment of rental fees in case of cancellations are governed by the cancellation terms applicable to that booking. Nomadoo reserves the right to regulate the conditions for cancellation of bookings and payment of rental fees in case of cancellations in separate general Cancellation Terms and Conditions for bookings made through the Nomadoo platform. The setting of such general Cancellation Terms and Conditions will be communicated to the Users by email with a notice period of at least 30 days before coming into effect, indicating the Users' right of termination in accordance with these Terms and Conditions, in case the Users do not agree with the modifications. If Users do not terminate the contract with Nomadoo before the modifications come into force, this is regarded as consent to the modification of the Terms and Conditions.
Lessors and Lessees are responsible for any changes made to bookings. They undertake to pay any additional fees that may be incurred as a result of the changes to the booking.
Any kind of default in performance, breach of contract and/or any claim for damages arising from or in connection with the contract between the Lessor and the Lessee, shall be settled between the Lessor and the Lessee.

Specific conditions for Lessors

The Lessor can apply for an Accommodation advertisement to Nomadoo via the Nomadoo platform, which will be checked by Nomadoo and released for publication on the Nomadoo platform at Nomadoo's discretion. Users do not have the right to the publication of an advertisement on the Nomadoo platform.
The Lessor undertakes to provide truthful and complete information and content (photos, plans, etc.) about the Accommodations, its availability, the rental fee including all other fees charged by the Lessor (such for example cleaning fees) as well as any specific terms and rules of use, and to keep all information and content in the advertisement accurate, complete and up to date at all times.
The Lessor shall be responsible for
- the accuracy, completeness and actuality of all information and content in the advertisement for the Accommodations offered;
- the compliance of all specific terms and rules of use for the Accommodations with these Terms and Conditions;
- the identification of and compliance with all laws, regulations, rules as well as contracts with third parties applicable to the Lessor’s offering of the Accommodations via the Nomadoo platform as well as the temporary rental of the Accommodations; and
- the Lessor's own acts and omissions and for the acts and omissions of any auxiliary persons of the Lessor.
The Lessor is solely responsible for providing the service offered in the advertisement to the Lessee in accordance with the booking confirmation and at the price specified therein.

Specific conditions for Lessees

With the confirmation of the booking of an Accommodation, the Lessee agrees to pay all fees indicated during the booking process either via Nomadoo or otherwise directly to the Lessor. This includes but is not limited to the fees for the rental of the Accommodation listed in the advertisement, cleaning fees and/or any other fees listed during the booking process. The Lessee agrees that Nomadoo may collect any deposit indicated during the booking process.
The Lessee is responsible for using the Accommodation in accordance with the contract. In particular, the Lessee shall leave the Accommodations in the same condition at the end of the rental period as the Lessee found it at the beginning of the rental period.

Reviews

After the completion of the rental of the Accommodations, the Lessor and the Lessee have the right to review each other. These reviews are visible on the Nomadoo platform for other Users. Users undertake to make truthful reviews which do not contain any discriminatory, defamatory, insulting, unobjective or otherwise infringing or inappropriate content.
Nomadoo does not check the reviews and does not guarantee for the accuracy, appropriateness, completeness or legal admissibility of the reviews. Nomadoo reserves the right to remove discriminatory, defamatory, insulting, unobjective or otherwise legally infringing or inappropriate content in reviews partially or completely at its own discretion.

Fees

Nomadoo is entitled to charge a service fee per booking to the Lessors for the use of the Nomadoo platform. The calculation details, payment due date of the fees and the payment modalities shall be governed by the separate Fee Terms and Conditions of which Users will be notified by email with at least 30 days' notice before they come into force, indicating the Users' right of termination in accordance with these Terms and Conditions, in case the Users do not agree with the modifications. If Users do not terminate the contract with Nomadoo before the modifications come into force, this is regarded as consent to the modification of the Terms and Conditions.

Content and granting of licenses

Any rights of any content provided by Nomadoo via the Nomadoo platform are exclusively owned by Nomadoo (including but not limited to any copy rights, trademark rights, domain name rights, company name rights).
Users are responsible for ensuring that any information or content they provide on the Nomadoo platform does not infringe any third party rights, in particular personal rights and intellectual property rights.
Users grant Nomadoo a non-exclusive, transferable, sub-licensable, worldwide and royalty-free license to use, store, copy, share, publish, transmit, modify, access or otherwise use any content (photos, texts, ratings, etc.) provided by them on the Nomadoo platform for the purpose of providing and/or promoting the Nomadoo platform in or on all possible media, social media channels, websites, platforms or other communication channels. The license is granted by providing the content on the Nomadoo platform by the Users and is valid for the duration of the protection of the respective licensed rights.
Users ensure and are responsible for ensuring that they are entitled to grant Nomadoo the rights as set out in section 8.3 above.

Liability, warranty and indemnification

Nomadoo is only liable to Users for damage caused intentionally or by gross negligence. Any further liability of Nomadoo, its organs and representatives is excluded, subject to mandatory legal provisions, for damages directly or indirectly in connection with the contractual relationship, irrespective of the legal grounds. Liability on the part of Nomadoo for auxiliary persons is also excluded.
Nomadoo does not provide any warranty for the accuracy, legality, suitability, completeness or actuality of any information or content provided by Users, for example in user accounts, Accommodation advertisements or reviews. Nomadoo also does not provide any warranty for the existence, behavior, quality, legality or suitability of Lessors, Lessees and the Accommodations offered via the Nomadoo platform.
Users undertake to keep Nomadoo harmless from all claims, damages or other expenses arising in connection with their violation of these Terms and Conditions, their unauthorized use of the Nomadoo platform or their violation of laws, regulations or rights of third parties.

Duration and termination of the contract

The contract between Nomadoo and the Users of the Nomadoo platform comes into effect as set out in section 2.4 above and is valid for an indefinite period of time.
The ordinary termination of the contract between Nomadoo and the Users of the Nomadoo platform can be effected through
- the termination by the Users in written form (incl. email) at any time subject to a notice period of 20 days;
- the termination by Nomadoo in written form (incl. email) at any time subject to a notice period of 20 days.
If a Lessor terminates the contract in accordance with section 10.2 above, all bookings already confirmed will be cancelled and the Lessees will receive a full refund of the rental fees.
If a Lessee terminates the contract in accordance with section 10.2 above, all bookings already confirmed will be cancelled and the refund of the rental fees will be subject to the cancellation terms and conditions applicable to the booking.
If Users terminate the contract in accordance with section 10.2 above while rental contracts with other Users are ongoing, such contracts are still duly completed in accordance with the provisions of the respective contract.
Nomadoo has the right to terminate the contract with Users immediately and without prior notice if
- Users violate their obligations arising from these Terms and Conditions significantly;
- Users violate applicable law;
- Users otherwise violate the rights of Nomadoo, other Users of the Nomadoo Platform or third parties.
Users can file a complaint against a decision made by Nomadoo on the basis of section 10.6 above via the e-mail address support@nomadoo.com
In the event of an immediate termination of the contract pursuant to section 10.6 above, Nomadoo is entitled to block the Users’ access to the user account and to irrevocably remove all content provided by the Users on the Nomadoo platform.

Changes of the Terms and Conditions

Nomadoo reserves the right to change these Terms and Conditions (including all other terms and conditions declared binding herein) at any time and without giving reasons. All modifications as well as the current version will be published on the Nomadoo platform. Nomadoo notifies all Users by email at least 30 days before the modifications come into force, indicating the Users' right of termination in accordance with these Terms and Conditions, in case the Users do not agree with the modifications.
If Users do not terminate the contract with Nomadoo before the modifications come into force, this is regarded as consent to the modification of the Terms and Conditions.

Transfer of assignment of rights and obligations

The transfer or assignment of this contract or the rights and obligations arising from it by the Users is only permitted if Nomadoo has given its prior written consent to this transfer or assignment.
Nomadoo is entitled to transfer or assign the contract with the Users or any rights and obligations arising from it at any time and without limitation, subject to a 30-day notice period to the Users. Should the Users not agree to such transfer or assignment, the Users can terminate the contract at any time in accordance with section 10.2 above.

Applicable law and place of jurisdiction

These Terms and Conditions as well as the further binding terms and conditions declared herein are governed by Swiss law. If Users are consumer and if mandatory consumer protection laws in the Users’ country of residence provide more favorable provisions, such provisions shall apply irrespective of the choice of Swiss law.
All disputes or claims arising from or in connection with this contract between Users of the Nomadoo platform and Nomadoo shall be subject to the jurisdiction of the ordinary courts. The exclusive place of jurisdiction is Zurich, Switzerland. Any legally compulsory places of jurisdiction for consumers are reserved.