GTC Disclaimer Privacy policy Final provisions
Version 4.02 from 26.06.2023

English version translated with deepl.com. In case of ambiguity the German version is legally binding.

General Terms and Conditions

 

The company LivingMoments AG (hereinafter referred to as "LM") with its registered office in Sargans offers services in the field of living and accommodation. It rents and maintains furnished rooms, studios and apartments (small apartments), partly on behalf of the owners.

Scope of application

These General Terms and Conditions regulate the legal relationship between LM, as seller, landlord or agent, and the Customer, which takes place in connection with a sale, rental or brokerage of products, apartments or services via the Internet portal www.livingmoments.ch as well as via telephone contact. By placing an order, the customer expressly agrees to the GTC.

Apartment rentals are subject primarily to the provisions of the corresponding rental agreement. In accordance with the rental agreement, LM's service obligations consist of the provision of apartments and the processing of the booking. Other information vis-à-vis the Customer that goes beyond the information contained in the media, in particular the Internet portal or the catalogs of LM (e.g. entry conditions, etc.), is only binding if a separate information contract is concluded with the Customer in writing.

Conclusion of contract

The presentation of the apartments, services and products on the website www.livingmoments.ch does not constitute a legally binding offer, but a non-binding online catalog.
The buyer confirms with the booking that he is capable of acting according to the law of his country of residence (but at least 18 years old) and can legally conclude contracts.

Conclusion of contract for residential rents

Residential rentals generally require a lease agreement and are primarily subject to its terms. Once a rental agreement has been concluded, further rental payments can be processed via the LM Shop.
By submitting a rental application via LM's website, the Customer instructs LM to draw up a rental agreement on behalf of the Owner. The Customer's offer to conclude a rental agreement should be transmitted via website via the rental application, but can be accepted by LM by mail, e-mail or telephone in exceptional cases.
The mere completion and sending of a rental application form or the confirmation of sending received, does not constitute the conclusion of an agreement.
Upon the rental application, LM will send the Customer a rental agreement together with the rental conditions via the web portal. As soon as the Customer, within the set period, confirms the rental agreement with the associated rental conditions online and pays the corresponding initial payment (usually deposit, final cleaning and 1st rent), he/she will immediately receive an automatically generated sending confirmation with the rental agreement, this is considered as binding conclusion of the rental agreement. If, in exceptional cases, the rental agreement is sent to the customer by mail, the conclusion of the rental agreement is valid by the handwritten signature of both parties.
The rental application requires the Customer to provide LM with personal data such as name, address, e-mail address and, if applicable, credit card details. The Customer is obligated to immediately check the transmitted booking data for correctness and to notify LM of any discrepancies. If this is not done, LM may claim contributory negligence on the part of the Customer.
Subletting, assignment of the rent or leaving the rental object to other persons or businesses are excluded.
All prices are in Swiss Francs (CHF). Apartment rentals are not subject to VAT in Switzerland.
LM requires a security deposit for residential rentals. The deposit serves to cover, among other things, claims for damages. The deposit is settled within 30 days after termination of the rental agreement. If at that time the amount to be covered by the deposit cannot be determined or if the tenant refuses to pay it, the LM may retain the deposit or part of it. LM's claim is not limited to the amount of the deposit.

Conclusion of contract products and services

Poducts and services can be ordered in the LM Shop. By clicking the button "Send order", you as a customer place a binding order for the goods or services contained in the shopping cart.
The confirmation of receipt of your order together with the acceptance of the order takes place immediately after sending by an automated e-mail. With this e-mail confirmation, the purchase contract is concluded. Likewise, with the confirmation of receipt you will receive all customer information, which you should print out for your records.

Offer and prices

Offer and prices All prices are in Swiss Francs (CHF), if provided including VAT. The prices are net and independent of the order quantity.
Transaction fees as well as shipping costs for a possible delivery will be charged additionally, they will be clearly communicated in the store.

Payment

The following payment options are available for payment:

  • By credit card (Visa, Mastercard, Amex)
  • By debit card
  • By PostCard
  • By Twint
  • By Paypal
  • By prepayment (in exceptional cases on agreement)

The processing of your order begins as soon as the account receipt of the amount to be paid.
In case of payment by card, the order amount will be debited directly. Transaction fees will be charged to the customer in % of the purchase value.
In case of prepayment, we will provide you with our bank details in the order confirmation and process the order after receipt of payment.

If, in particular in the case of apartment rentals, the deposit and the balance are not received by LM by the agreed date, LM may rent the object to another party without becoming liable to pay compensation; LM may, however, also insist on the fulfillment of the contract.

Contract fulfillment

If force majeure (environmental catastrophes, force of nature, etc.), official measures, unforeseeable or unavoidable events prevent the fulfillment of the contract or its continuation (in particular in the case of rental contracts), LM is entitled (but not obligated) to offer the Client an equivalent substitute object to the exclusion of claims for compensation. If the service cannot be provided or cannot be provided in full, the amount paid or the corresponding share for the services not provided will be refunded to the exclusion of further claims.

Right of revocation and cancellation

In the case of rental contracts, the period of notice agreed in the contract shall apply.
For the cancellation, the date on which the cancellation form on the website of www.livingmoments.ch is submitted online to LM is valid. Thereupon, the guest will immediately receive an automatically generated transmission confirmation. The cancellation will be definitively confirmed by LM within 2 working days, taking into account the contractually agreed cancellation period. If this definitive confirmation of termination is not received within 2 working days, the Guest is obliged to inform LM immediately (by telephone or e-mail) and, if necessary, to provide evidence of the transmission of the termination form by presenting the automatically generated transmission confirmation.

Service orders for which a service has already been performed cannot be cancelled.

Warranty

The rental object will be handed over to the Lessee in a clean and contractually compliant condition. If there are any defects or the inventory is incomplete at the time of handover, the Lessee must notify LM of this immediately. Otherwise, it will be assumed that the rental object has been handed over as being in perfect condition and has been accepted by the Lessee as being free of defects.

Retention of Title

Keys to the rented object will only be handed over after full payment of the deposit, 1st rent as well as the final cleaning fee.

Disclaimer

Availability

LM does not assume any liability for the topicality, correctness, completeness or quality of the information and offers provided. LM endeavors to ensure proper operation of the Internet portal at all times. However, LM does not guarantee uninterrupted accessibility and is not liable for transmission failures due to technical reasons.
Other claims of the Customer, irrespective of the legal ground, are excluded. LM, its staff and any vicarious agents are not liable for damages, in particular not for loss of profit, or other financial losses of the Customer. This exclusion does not apply to personal injury, to damages caused intentionally or by gross negligence, and to damages subject to product liability legislation.

Compensation

Typing errors, mistakes and changes (including price changes) are reserved at all times. Claims for damages due to possible errors in the illustrations or in the prices and texts cannot be asserted.

References and links of the Internet portal

LM is not responsible for any contents linked or referred to from his pages - unless he has full knowledge of illegal contents and would be able to prevent the visitors of his site fromviewing those pages. If any damage occurs by the use of information presented there, only the author of the respective pages might be liable, not the one who has linked to these pages. LM also does not adopt the content of third-party websites as its own.

The linked pages were checked for possible legal violations without complaint at the time of linking. If we become aware of any legal violations, we will remove such links immediately.

Privacy policy

Privacy policy

The following privacy policy applies to the use of this website. The use of our website is generally possible without any indication of personal data. If you want to use a special service of our company via our website, processing of personal data will be necessary.

This website is subject to the Federal Data Protection Act and takes into account the central points of the Basic Data Protection Ordinance.

Processing of personal data

Personal data is any information that relates to an identified or identifiable person. This can be, for example, the name, address, e-mail address or telephone number of a person. This personal data may be processed by us.

Without the customer's consent, LivingMoments AG (LM) will collect, process or use inventory and usage data of the customer only insofar as this is necessary for the business transaction as well as for the provision of the service to optimize the personal usability. If certain services are used, the customer data will be passed on to the corresponding partners, whereby these are also required to comply with the legal regulations.

The criterion for the duration of the storage of personal data is the respective legal retention period. After expiry of this period, the corresponding data is routinely deleted, provided that it is no longer required for the fulfillment or initiation of the contract.

Data collected through third party services

In order to continuously improve the quality of our services, the following technologies are integrated on our website:

  • Use of cookies
    In certain cases we may use cookies. By means of a cookie, the information and offers on our website can be optimized in terms of the user. Cookies allow us to recognize the users of our website. You can prevent the setting of cookies by our website at any time by means of an appropriate setting of the Internet browser used and thus permanently object to the setting of cookies.
  • Use of Google Analytics
    This website uses Google Analytics, a web analytics service provided by Google, Inc ("Google"). Google Analytics uses "cookies", which are text files placed on your computer, to help the website analyze how users use the site. The information generated by the cookie about your use of the website will be transmitted to and stored by Google on servers in the United States. On behalf of the operator of this website, Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity and providing other services relating to website activity and internet usage to the website operator. The IP address transmitted by your browser as part of Google Analytics will not be merged with other data from Google. You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of this website.
  • Use of Google Maps
    We use an interface to geo-specific data from Google to visualize location-based information. In doing so, Google records and uses data about the use of the map function. Information about the use of data by Google can be found in Google's privacy policy.
  • Use of social plugins
    Social plugins from various social network providers may be used on our website. By means of these plugins, information, which may also include personal data, can be used by the corresponding social networks. If the data subject is simultaneously logged into a social network while visiting our website, it can be assumed that personal data is transmitted. We have no influence over which data is used. No personal data is recorded by social plugins from our side. The privacy policies of the relevant social networks provide information about the collection, processing and use of personal data.

Data Security

LM works with security measures to ensure protection against the loss, alteration or misuse of your data. For this purpose LM works with updated firewalls as well as other security systems. At the same time, the user should be aware of the fact that due to constantly emerging viruses and other means of attacking secured data systems of Internet services, a hundred percent protection against attacks cannot be guaranteed. LM is not responsible for damage and destruction of data by unknown viruses. LM will, if necessary, pursue discovered attacks by hackers etc. under civil and criminal law.

Your rights as a user of our website

Under applicable laws, you have various rights regarding your personal data. You may assert the following rights from our data protection officer:

  • Information about your stored data and related processing.
  • Correction of incorrect personal data
  • Deletion of your stored data
  • Restriction of data processing, if we are not yet allowed to delete your data due to legal obligations
  • Objection to the processing of your data
  • Data portability, i.e. receipt of the stored data in a machine-readable format, provided you have consented to the data processing, or have concluded a contract with us

If the request for information is not addressed to LM in writing, i.e. in particular in the case of telephone inquiries or those made by e-mail, the user must provide a postal address to which the information will then be sent. In the request for information, the user must also provide the following information to identify him/herself: User name, first and last name, possibly maiden name, e-mail address, postal address and date of birth. The information will be sent by mail to the address provided by the user. The request for information shall be addressed to the contact person responsible for it. Responsible for the collection, processing and use of your personal data is: LivingMoments AG, Ms. Bea Guntli, Gartenweg 5, 7320 Sargans, Switzerland.

Amendment of the privacy policy

This data protection statement is continuously supplemented and adapted to the legal requirements and the services offered. The current data protection statement applies in each case. The changes come into force as soon as they have been published on our website.

Final provisions

Copyright

The content and works created by the site operators on these pages are subject to Swiss copyright law. Duplication, processing, distribution, or any form of commercialization of such material beyond the scope of the copyright law shall require the prior written consent of its respective author or creator.

Applicable law and place of jurisdiction

The listed provisions shall remain binding in their remaining parts even if individual points are legally ineffective.
Swiss law is agreed as the applicable law.
The place of jurisdiction is the respective registered office of LM, currently CH-7320 Sargans. Except in the case of residential leases, the place of jurisdiction shall by law be exclusively the place of the leased property.
Mandatorily applicable provisions of law to the contrary shall remain reserved.