General Terms and Conditions.

These terms govern the cooperation between PROSETI and owners who entrust us with the care of their holiday home in the canton of Ticino. They are deliberately brief. What applies in an individual case is set out in your offer; the offer takes precedence over these terms.

1 · Scope

These General Terms and Conditions apply to all contracts for services of PROSETI, sole proprietorship of Marvin Blach, Via Lucerna 1, 6900 Lugano (hereinafter «PROSETI»), with the client. The contracting party is exclusively this sole proprietorship. Deviating terms of the client apply only insofar as PROSETI agrees to them in writing.

2 · Services

PROSETI provides the operational services described in the offer relating to short-term rental, in particular guest communication, personal check-in, coordination of cleaning and linen, restocking of consumables, guest registration and visitor's tax, as well as documenting the condition after every stay. The scope depends on the package selected.

PROSETI may engage auxiliary persons and third parties to render the services, in particular cleaning companies, laundries and trade businesses, and may substitute an instructed representative if prevented from acting. Clause 8 remains reserved.

The scope of services further includes the coordination of trade work: on request PROSETI obtains quotes, awards the work in the name and for the account of the client to licensed businesses and supervises the execution on site. PROSETI does not carry out the trade work itself.

If PROSETI identifies damage, it reports this to the client immediately and provides the documentation. On request PROSETI prepares a report to the booking platform. Asserting and enforcing claims against the guest, the platform or an insurer is the responsibility of the client. PROSETI does not administer deposits and does not accept guest monies.

In cases of imminent danger, for instance water, storm or burglary damage, PROSETI is entitled to arrange urgent measures to avert or mitigate the damage up to an amount of CHF 500 per event at the client's expense without prior consultation. The client is informed immediately. Measures beyond that require the client's consent unless they cannot be postponed in order to avert substantial damage.

PROSETI renders the services with the diligence of an agent pursuant to art. 398 of the Swiss Code of Obligations (CO). No particular outcome is warranted.

3 · What PROSETI expressly does not undertake

The following are not the subject of the contract: sales, marketing and yield optimisation; the brokerage of rental or purchase agreements; legal, tax, construction and insurance advice; obtaining official permits; trade work (its execution; coordination is governed by clause 2) as well as maintenance and repair of the apartment. PROSETI does not become a party to the rental relationship between the client and the client's guests.

PROSETI does not owe any occupancy, any minimum income or any particular rating on booking platforms.

4 · Obligations of the client

The client ensures that the apartment may lawfully be used for short-term rental, that all required permits are in place, that any requirements of the municipality, the canton, the condominium owners' association or the landlord are complied with, and that the apartment is safe, free of defects and appropriately equipped. The client informs PROSETI without delay of any changes.

The client grants PROSETI the access rights and powers of attorney required to render the services, hands over the necessary keys or access codes and provides current and correct information about the apartment. The client remains responsible for the tax treatment of the client's income and for compliance with the reporting and levy obligations that concern the client, even where PROSETI provides administrative support.

The client provides PROSETI with the information required for settlement. The client grants PROSETI read access to the booking overviews of the platforms used, for example as a co-host, or reports every booking with its period and amount within five days of receipt of the booking. On request the client discloses the platform statements. Bookings made without a platform, for example direct bookings, likewise count as rental income within the meaning of clause 5 and are to be reported in the same way.

The client indemnifies PROSETI against third-party claims based on circumstances within the client's sphere of responsibility, in particular on defects of the apartment or its equipment, on missing permits or on the inadmissibility of the rental. The client reimburses PROSETI for the resulting costs of an appropriate legal defence. The indemnity does not apply insofar as PROSETI itself caused the claim through an intentional or grossly negligent breach of contract.

5 · Remuneration

The remuneration depends on the package selected and amounts to a percentage of the rental income per booking, but at least CHF 30 per booking. Rental income means the amount paid by the guest for the accommodation less the booking platform's fees, excluding the cleaning fee, the visitor's tax and other pass-through items. If the percentage share falls below that amount, the minimum fee is charged. A one-time onboarding fee of CHF 200 is owed for taking on the apartment. It is earned upon completion of the onboarding and is not refunded in the event of later termination.

The fee is owed for stays that are commenced or for which the client is entitled to remuneration despite a cancellation; in that case the basis of assessment is the amount remaining with the client. If a booking is cancelled without remuneration, the fee does not apply; services already rendered, such as a cleaning that has been carried out, are charged according to the work involved. Subsequent refunds to the guest reduce the basis of assessment; fees already invoiced are corrected with the next monthly statement.

Cleaning and laundry costs as well as expenses for consumables are charged additionally according to the work involved. As a rule they are borne by the guest through the booking's cleaning fee; insofar as that is not achieved, the client bears them. All amounts are in Swiss francs, excluding any value added tax.

Invoices are due for payment within 20 days. In the event of default PROSETI is entitled to suspend the services after a written reminder.

6 · Cleaning, linen and consumables

PROSETI coordinates the cleaning and takes the linen to a laundry. PROSETI does not keep its own replacement linen set for every apartment. The client provides a sufficient number of linen sets so that a change between two stays is possible.

7 · Extra services for guests

PROSETI may offer extra services to the guests of the apartment it looks after, for instance pre-stocking the fridge, breakfast delivery, mid-stay cleaning, luggage storage, arranging transfers, referral to rental and hire providers or a personal concierge. Whether such services are offered for an apartment is decided by the client; the client may exclude them in writing at any time.

A share for the client in extra services is not owed generally; it may be agreed individually in the offer or in a separate agreement. In that case the basis of assessment, unless agreed otherwise, is PROSETI's net proceeds: for services PROSETI renders itself, the amount paid by the guest less any value added tax and the direct third-party costs; for referred services, the referral commission paid to PROSETI by the partner business less any value added tax. Settlement takes place with the ordinary monthly statement. There is no entitlement to a particular turnover or a particular number of bookings.

PROSETI discloses that it receives a commission from the partner businesses for referring extra services; as a rule it amounts to 10 to 20 percent of the price paid by the guest. The client acknowledges this and, knowing this range, waives the surrender of these commissions under art. 400 CO; a share agreed under the preceding paragraph remains unaffected.

The contract for an extra service is concluded between PROSETI and the guest. For services that require a permit, a concession or a particular qualification, PROSETI merely refers; in those cases the contract is concluded directly between the guest and the licensed partner business.

The client incurs no obligations from extra services and is not liable for them. For referred services PROSETI is liable only for the careful selection of the partner business, not for its performance. Clause 8 applies to extra services that PROSETI renders itself. Insofar as legally permissible, liability is excluded for personal injury and property damage arising from the use of sports equipment hired from third parties and from participation in activities of third parties, for intolerances and allergic reactions to food and drink delivered, and for delays and cancellations of transfers. The guest uses such services at the guest's own risk; reference is made to the providers' instructions and safety requirements.

8 · Liability

PROSETI is liable for damage arising from an intentional or grossly negligent breach of contract. Liability for slight negligence is excluded insofar as the law permits.

In particular, no liability is accepted for: damage caused to the apartment or its furnishings by guests or third parties; lost profit, cancelled bookings and other indirect or consequential damage; acts and omissions of engaged third parties such as cleaning companies, laundries or tradespeople, provided PROSETI selected them carefully; disruptions, blocks or changes of booking platforms; and events of force majeure.

Insofar as legally permissible, PROSETI's liability for slight negligence, where it is not excluded in any event, is limited per claim at most to the coverage amount of PROSETI's business liability insurance, and otherwise to the total remuneration owed for the apartment concerned in the last three months before the event causing the damage. No limitation in amount applies to intentional or grossly negligent breaches of contract. PROSETI provides information on the scope and amount of coverage on request.

Liability for auxiliary persons within the meaning of art. 101 CO is excluded insofar as the law permits.

For damage to life, body and health as well as in cases in which a limitation of liability is inadmissible under art. 100 CO or other mandatory provisions, the statutory rules apply.

9 · Insurance

The client is obliged to insure the apartment and its contents appropriately and to align the insurance cover with short-term rental. PROSETI is not an insurer and does not step in for damage that would be covered by such insurance.

10 · Keys and access

Keys and access devices handed over are kept with care. In the event of loss PROSETI is liable within the scope of clause 8; PROSETI bears the cost of replacing a locking system only where the loss was caused intentionally or through gross negligence.

11 · Term and termination

The contract is concluded for an indefinite period and may be terminated by either side at any time with effect from the end of a calendar month, subject to a notice period of 30 days. Bookings already accepted are handled on the previous terms. Either party may terminate with immediate effect for good cause.

12 · Data protection

PROSETI processes personal data in accordance with the Swiss Federal Act on Data Protection. Details are set out in the privacy policy.

13 · Amendments

PROSETI may amend these terms. Amendments are communicated to the client at least 30 days before they take effect. If the client does not object before they take effect, they are deemed accepted; otherwise the client may terminate the contract as of that date.

14 · Applicable law and place of jurisdiction

Swiss law applies, excluding conflict-of-law references. The exclusive place of jurisdiction is Lugano, Switzerland. Mandatory places of jurisdiction in favour of consumers remain reserved.

15 · Severability

Should a provision of these terms be invalid, the remaining content stays valid. The invalid provision is replaced by a rule that comes closest to the intended purpose.

16 · Language versions

These terms are available in German, Italian and English. The translations serve comprehension. In the event of discrepancies or questions of interpretation, the German version is binding.