Terms & Conditions
1. General
daycrunch is a service provided by Performance Buildings AG, Regensdorf (hereafter PB).
These Terms and Conditions regulate the rights and obligations of PB and users of the service in connection with the services provided by PB to its customers.
Deviations from these Terms and Conditions are only valid if they are made in writing.
2. Conclusion of a Contract
A Right to Use contract (abbreviated as contract) under these Terms and Conditions comes into effect with the booking of a shared conference room or shared workspace (abbreviated as shared space) via the daycrunch platform and confirmation from PB, or dedicated workpoints, offices or conference rooms (abbreviated as dedicated space) via a written service agreement or the daycrunch platform with confirmation from PB.
Contract partners are PB based in Regensdorf and the customer.
The individual who registers with daycrunch and makes the booking or enters into the contract is the contracting party of PB and remains personally responsible for all payment obligations arising from the use of the services.
The provision of a company name, business address or other company details is solely for administrative and invoicing purposes. It does not make the named company a contracting party of PB and does not release the registered individual from their personal payment obligation.
If a company itself is to become the contracting party and debtor of PB, this requires a separate written agreement or express confirmation by PB.
3. Agreement Scope
PB is obliged to provide the space and related services booked by the customer according to these Terms and Conditions.
The customer is obliged to pay for the space and used services according to the set or negotiated prices. This includes third party services and expenses ordered through PB by the customer.
4. PB Services
PB will provide space, including WC facilities, during normal office hours on an ad-hoc basis.
PB has the right to temporarily suspend the provision of its services due to circumstances outside its control such as political riots, strikes or technical failures.
The customer may not use the name daycrunch in conjunction with their business in any way. The customer is not permitted to use the address of the daycrunch site for their business without the express written permission of PB.
5. Rights and obligations of the Customer
The customer is permitted to use the reserved shared or dedicated space solely as an office space.
The customer is not permitted:
- to hinder or deny PB rights or access to the space,
- to use the space in any way other than for the business of the customer or agreed use. The customer must do nothing illegal in connection with its use of the space. Overnight stays are expressly forbidden,
- to install any furniture, devices or any other infrastructure without the express permission of PB,
- to change the infrastructure in the space,
- to disturb other daycrunch space users. The customer is obliged to act with consideration for other users,
- to damage the infrastructure in the space,
- to bring indoors into the space, and use, devices that are designed for outdoors,
- to bring animals into the space,
- to attach or project anything on the windows or in the corridors of the space without prior permission from PB.
Compliance with the house rules and instructions of the building Facility Management: the customer must follow all rules and regulations imposed by Facility Management with regard to health and safety, fire regulations and other reasons. These rules can vary from location to location and a copy can be requested on site.
The customer is obliged to cover the costs of any damage they cause, to PB and its employees, through their use of the space.
In case the customer obtains information that is destined for other users or originates from other users, the customer is obliged to destroy all copies of such information. The use of such information is forbidden.
6. Reservation and Use
Reservation of shared or dedicated space is conducted online with the daycrunch booking engine.
The customer is obliged to provide a proof of identity on site in the form of a valid document such as an Identity Card, Passport, Employee Badge or Driver Licence.
The customer is obliged to register any guests via the daycrunch booking engine without exception.
The customer is themselves responsible for the self-service use of the space on-site. Support on location is not guaranteed. In urgent cases, the customer may call +41 43 388 83 46 with their questions.
The customer is obliged to leave the space in a clean and orderly condition (in particular free of waste, personal materials and major dirt). If the space is not left in this condition, PB is entitled to charge the customer the actual costs for cleaning and restoring the proper condition.
Should the customer forget and leave behind any property in the space, it is their responsibility to recover it. PB undertakes no liability for left property and has the right to dispose of the property one week after the use of the space, without having to search for the owner.
The right to use the space for the reserved duration cannot be transferred.
PB will maintain customer data for a minimum of three months, unless the customer expressly requests a longer period.
7. Cancellation
The customer has the right to cancel a reservation 1 business day before the start. After this time the full amount is due.
For open-ended bookings, without a defined end time and date, either party can terminate the contract at any time with one month notice unless otherwise agreed in writing.
PB has the right, without any financial consequences for PB, to cancel the contract for an important reason, especially in case the space is reserved with misleading or false important information, for example regarding the customer personal information or the usage purpose.
8. PB Liability
Should disruptions or defects occur in respect of the services from PB, PB will take remedial action upon immediate notification by the customer. No remedy will be provided if the customer fails to notify PB of a defect immediately. In no case shall this result in any right whatsoever to a reduction of the contracted fee.
PB is not liable for any loss resulting from PB failure to provide any services.
PB is not liable for any failures or defects. Once PB has been notified, PB will make an effort to apply corrective measures within a reasonable time. In particular, PB is not liable for any data losses or failure of its information systems.
The customer is responsible, for the duration of their stay, for their equipment, and the customer is liable for any damage or losses to all infrastructure and devices that are the property of PB and third parties.
9. Price and Payment Terms
Invoices from PB are due immediately after the reservation in full. The fees are all-inclusive and include services such as lighting, heating and use of the infrastructure.
For late payments, PB has the right to charge interest on arrears of up to 5% of the total. PB has the right to enforce a higher compensation. For every reminder or warning beyond the due date PB may charge a fee of Fr. 10.00.
The fee will amount to a total for the rental of the space as well as any additional services that were ordered at the time of reservation.
As long as no authorised account exists with PB, the payment is to be made via credit card at the time of reservation. In case an account is set up, PB is authorised to take the fees due after a booking is completed.
The registered customer remains responsible for payment regardless of whether, at the customer's request, an invoice is issued to a company address or is intended to be paid by a third party.
10. Further Terms
If a party neglects to enforce a provision of these Terms and Conditions or to exercise rights arising from this contract, this shall not be construed as a waiver of that provision or those rights. In particular, this does not affect the validity of the contracts or the right of a party to assert claims at a later date.
Should individual provisions of these Terms and Conditions or of the contracts based on them be legally invalid or unenforceable for legal reasons, the validity of the contracts shall not otherwise be affected. In such a case, the parties will agree on a provision that replaces the invalid one with a valid provision that comes as close as possible in economic effect to the original provision.
11. Applicable Law and Jurisdiction
These Terms and Conditions are governed and will be interpreted in accordance with Swiss Law.
The ordinary court of Dielsdorf shall have exclusive jurisdiction to settle any claim or dispute which might arise out of or in connection with these Terms and Conditions.
This English translation is provided for convenience only. In case of discrepancies or inconsistencies between this translation and the original German version, the German version shall prevail.