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Terms & Conditions

FIRSTBERG AG

1. Scope

These General Terms and Conditions (“AGB”) govern all services provided by FIRSTBERG AG (“Company”).

They apply in particular to:

  • Property management services
  • Short-term rental and booking services
  • Property visualization and design services
  • Real estate advisory and related services

By using the Company’s services or entering into a contract, the client agrees to these AGB.

2. Contract Formation

A contract is concluded upon:

  • written confirmation by the Company
  • acceptance of an offer
  • booking via website or third-party platforms

The contracting party acts on behalf of all involved persons and is responsible for their compliance with these AGB.

3. Services

The Company provides services including, but not limited to:

  • residential property management
  • short-term rental management
  • property marketing and positioning
  • AI-based property visualization and design
  • advisory and consulting services

The specific scope of services is defined in the respective agreement, offer, or booking confirmation.

4. Payment Terms (General)

Unless otherwise agreed:

  • invoices are payable within the stated period
  • the Company may require advance payments or deposits

In case of late payment:

  • the Company may suspend services
  • default interest may be charged in accordance with applicable law

5. Liability (General Limitation)

To the maximum extent permitted by applicable law:

The Company shall only be liable for damages caused by gross negligence or wilful misconduct. Liability for:

  • indirect damages
  • consequential damages
  • loss of profit, income, or opportunity

is excluded.

This limitation does not apply where liability cannot be excluded under mandatory law.

6. Third-Party Services

The Company may engage or recommend third-party providers.

The Company acts solely as an intermediary and assumes no liability for:

  • performance
  • quality
  • availability

of such services.

7. Force Majeure

The Company shall not be liable for failure or delay in performance due to events beyond its reasonable control, including but not limited to:

  • natural disasters
  • pandemics
  • governmental measures
  • technical failures

8. Data Protection

Personal data is processed in accordance with applicable data protection laws. Further details are available in the Company’s Privacy Policy.

9. Governing Law & Jurisdiction

These AGB shall be governed by Swiss law.

Mandatory provisions of the law of the country in which the property is located or where the client resides shall remain unaffected.

The place of jurisdiction is the registered office of FIRSTBERG AG, unless mandatory law provides otherwise.

10. Severability

If any provision of these AGB is invalid or unenforceable, the remaining provisions shall remain in full force and effect.

11. Amendments

The Company reserves the right to amend these AGB at any time. The version applicable at the time of contract conclusion shall apply.

Service-Specific Terms

12. Residential Property Management

The Company provides coordination and management services for properties. The Company:

  • coordinates maintenance and service providers
  • supervises operational processes

The Company does not guarantee:

  • property condition
  • uninterrupted availability
  • specific results

Liability for third-party contractors is excluded.

13. Short-Term Rental Management

The Company may manage rentals on behalf of property owners. The Company does not guarantee:

  • occupancy rates
  • rental income
  • booking performance

Listings on third-party platforms (e.g. Airbnb, Booking.com) are subject to platform-specific rules. The Company is not liable for:

  • guest behavior
  • cancellations
  • platform errors or disruptions
  • damages caused by guests or other third parties

14. Property Visualization & Design

All visualizations, renderings, and design concepts are for illustrative purposes only. They:

  • are non-binding
  • do not guarantee implementation
  • do not guarantee market value increase

Deviations between visualization and final result may occur.

15. Advisory & Marketing Services

All advisory services are provided based on experience and market knowledge. The Company does not guarantee:

  • successful sale or rental
  • specific pricing outcomes
  • timing of transactions

16. Short-Term Rental & Booking Conditions

16.1 Scope

This section applies to all rental bookings made via:

  • the Company’s website
  • direct agreements
  • third-party booking platforms

16.2 Contract Formation

A binding rental agreement is concluded upon booking confirmation.

16.3 Payment Terms

The following payment terms apply:

Bookings made more than 31 days prior to arrival:

  • No payment required at the time of booking
  • 50% payable no later than 31 days prior to arrival
  • Remaining 50% payable no later than 15 days prior to arrival

Bookings made between 31 and 15 days prior to arrival:

  • 50% payable at the time of booking
  • Remaining 50% payable no later than 15 days prior to arrival

Bookings made 14 days or less prior to arrival:

  • Full booking amount payable immediately

Failure to comply with payment deadlines entitles FIRSTBERG AG to cancel the booking and apply the applicable cancellation terms.

16.4 Cancellation Policy

All cancellations must be submitted in writing.

  • Up to 31 days prior to arrival: full refund
  • 30 to 15 days prior to arrival: 50% of the total booking amount will be charged
  • 14 days or less prior to arrival, or no-show: 100% of the total booking amount will be charged

No refunds will be granted for:

  • early departure
  • late arrival
  • unused services

16.5 Occupancy & Use

  • Maximum occupancy must not be exceeded
  • Only registered guests may occupy the property

The person making the booking must be at least 18 years of age and must be present during the stay.

Subletting is prohibited.

16.6 Conduct

The Company reserves the right to terminate the stay without refund in case of:

  • breach of rules
  • disturbance
  • unlawful behaviour

16.7 Liability & Disclaimer

The Company shall not be liable for:

  • interruptions or failures of utilities (electricity, water, heating, internet)
  • weather conditions
  • external disturbances (e.g. construction, noise)
  • technical defects or failures of the building, including lifts, heating systems, or communal facilities (e.g. pool, sauna, common areas)

Use of the property is at the guest’s own risk.

16.8 Damage to Property & Liability of the Guest

The Guest is fully liable for any damage, loss, or theft caused to the property, its furnishings, or associated facilities.

This applies to damage caused by:

  • the Guest
  • members of the Guest’s party
  • visitors or third parties invited by the Guest

The Guest is obligated to:

  • treat the property with due care
  • immediately report any damage

The Company reserves the right to:

  • deduct costs from the security deposit
  • charge for damages exceeding the deposit
  • invoice additional costs after departure

This includes:

  • repair or replacement
  • additional cleaning
  • loss of rental income where applicable

The Guest remains liable until all damages are fully settled.

16.9 Complaints & Duty to Report

Any complaints must be reported immediately upon arrival to FIRSTBERG AG or its representatives.

The Guest must inspect the property upon arrival and report any existing damages, defects, or deficiencies on the day of check-in.

Failure to report:

  • complaints upon arrival, or
  • existing damages on the day of arrival

may result in:

  • loss of any claims, and
  • the Guest being held responsible for unreported damages

Claims raised after departure will not be considered.

16.10 Platform Bookings

For bookings via third-party platforms, the respective platform’s terms shall additionally apply. Mandatory platform rules may take precedence.

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