General terms and conditions for guests of Livington AG
(Version 2021)

1. Subject matter and purpose of the contract

1.1 Livingtown AG operates serviced apartments (each individually “Apartment” and collectively “Accommodation”) and accommodates guests in them for a specific or indefinite period. These General Terms and Conditions (“GIC”) apply to all legal relationships between Livingtown AG (“Livingtown”) and its contractual partners (“guest” and jointly “parties”).

1.2 With the accommodation contract, the guest is entitled to use the accommodation / apartment exclusively for private residential purposes and for the persons registered in the reservation confirmation. Renting or transferring the contract to third parties is not permitted.

1.3 Commercial activity is not permitted in the accommodation / apartment. Specially designed workplaces are reserved.

1.4 These GTC additionally regulate the contractual relationship entered into with a separate accommodation contract between Livingtown and the guest. In the event of contradictions, the accommodation contract takes precedence. The guest has read these General Terms and Conditions and confirmed their consent. Deviations from the present AVB are only valid if these have been expressly agreed by the parties in writing or by e-mail.

2. Conclusion of contract and cancellation

2.1 The binding booking of the apartment is made via the Res: harmonics booking platform (“booking platform”). Only guests registered on the booking platform are entitled to stay in the accommodation. The guest confirms the accuracy of the personal information provided in the booking request. Livingtown forwards this information to the responsible authorities for the purpose of fulfilling the reporting obligations incumbent on it.

2.2 As soon as a reservation request from the guest has been confirmed by Livingtown by email and / or app, the corresponding accommodation contract is concluded and binding. Failure to show up at the accommodation is generally the sole risk of the guest.

2.3 Livingtown reserves the right to provide the guest with a replacement in the same property that is at least equivalent to the reserved apartment. An equivalent replacement exists if the apartment is at least equivalent to the reserved apartment in terms of size, standard of fit-out, external stay options (balcony) and inventory.

2.4 Cancellation is possible as follows:

2.5 Short stay: - up to 7 days before the agreed check-in: free of charge - up to 3 days before the agreed check-in: 50% of the costs to be paid Longstay and Unlimited: - up to 6 weeks before the agreed check-in: free of charge - up to 4 weeks before the agreed check-in: 50% of the costs of a one-month contract period Guest will be charged an additional handling fee of CHF 150.- in each case. Special cancellation agreements with corporate partners are reserved.

2.6 If the guest does not take possession of the apartment on the agreed check-in date and without prior cancellation, this is still available to him and for the one that has already been paid Time available. After this period has expired, the apartment will be given to someone else. In any case, the guest remains liable to pay for the remaining duration of the contract, but any re-letting (less expenses) will be taken into account.

3. Duration of contract and payments

3.1 “Shortstay”: Minimum stay is 1 night, up to a maximum of 1 month; Only the “Fancy Lofts” can be booked.

"Longstay": Minimum stay is 1 month, up to a maximum of 9 months. Only whole months can be booked. A bookable month is the period between the first booked day and the corresponding day before the respective following month.

"Unlimited": Unlimited for stays of 9 months or more. Only whole months can be booked. The bookable month is the period between the first booked day and the corresponding day before the respective following month.

3.2 The notice period for unlimited unlimited bookings is 3 months at the end of a bookable month. The termination must be made by email.

3.3 Prices and terms of payment: All prices are in Swiss Francs (CHF) plus the statutory value added tax (VAT) owed in each case. If the value added tax rate is adjusted after the contract has been concluded, the value added tax rate valid at the time the service is provided applies.

3.4 With the reservation confirmation by Livingtown, the full amount for the booked service is due for payment. In the case of a long-stay booking, the amount is due for payment for the first month. The further length of stay is due for payment on the first day of a new booked month. We reserve the right to special payment agreements with corporate partners.

3.5 If the parties agree to pay by invoice, the entire amount is due for payment no later than 10 days after the invoice date without deduction.

3.6 In the event of late payment, Livingtown is entitled to interest on arrears in the amount of 5% on the invoice amount as well A reminder fee of CHF 40.- (per reminder) is to be added.

3.7 The conclusion of a deposit insurance or a cash deposit in the amount of the price of 1 to 3 months is also due with the reservation confirmation. This security is used for a late or improper return, including damage, missing inventory, additional cleaning, for outstanding payments by the guest, etc. In the case of a deposit insurance, Livingtown only accepts the deposit insurance specified in the booking process. This deposit insurance has a validity period of at least 6 months beyond the end of the contract period and can be canceled at the earliest within 30 days after the return of the apartment, provided that all contractual obligations have been properly fulfilled and outstanding payments have been made.

3.8 The means of payment specified on the booking platform apply. A service fee is charged for credit card payments.

4. Check-in

4.1 Mon - Sun: from 3 p.m. The guest is not entitled to earlier availability.

4.2 An early check-in can be booked for a short stay booking subject to availability for the following fee:

- Check-in between 9 a.m. - 12 p.m.: CHF 100 .-

- Check-in between 12 p.m. - 3 p.m. : CHF 30 per hour or part thereof

4.3 Access to the apartments is via the “Salto KS” access app, for which the guest will receive instructions after booking. However, access to the apartment is only granted after the guest has received any payment obligations.

4.4 A welcome desk is guaranteed from Monday to Friday from 3:00 p.m. to 5:00 p.m. Outside of these times, there is only an online check-in on the booking platform.

4.5 When moving into the apartment, it is the guest's responsibility to check the condition of the apartment and, in particular, the existing furniture and inventory for their condition or any defects and completeness. An inventory list is made available to the guest for this purpose. If no defects or incompleteness are reported to Livingtown within 3 days, the guest accepts the existing condition as conforming to the contract.

5. Check-out

5.1 Check-out takes place no later than 11:00 a.m.

5.2 The guest must vacate the apartment in full on the last day of the agreed contract period (including waste disposal) and leave the apartment in good time. In the event of a late check-out by 6:00 p.m., Livingtown is entitled to invoice 50% of the current daily rate. If there is no check-out by 6 p.m., the guest will be charged 100% of the daily rate. The assertion of further damages due to the late check-out is expressly reserved.

5.3 The check-out takes place autonomously (self-check-out), for which the guest is provided with a checklist for the process of the self-check-out in good time. These instructions must be followed.

5.4 After the check-out and return of the apartment, Livingtown will carry out an inspection of the apartment. Damage or destruction of furniture, fixtures and fittings or fixed components that go beyond normal wear and tear and / or damage caused by improper use , will be billed to the guest plus flat-rate compensation for damage management in Livingtown.

5.5 The final cleaning for a long stay or unlimited booking is mandatory. The corresponding costs of a flat rate of CHF 250 will be billed to the guest together with the costs of booking the accommodation. Livingtown expressly reserves the right to charge additional costs for increased cleaning if the apartment is in an unsuitable condition (dirt, rubbish, etc.).

5.6 Items left behind by the guest will only be forwarded on request and at the risk and expense of the guest Items disposed of within 60 days at the guest's expense.

6. Obligations to report during the stay

6.1 In the case of a long-stay or unlimited booking, the guest is responsible for the local statutory reporting obligations to the authorities. In the case of a short stay booking, the obligation to notify is carried out directly via the booking platform.

6.2 The guest informs Livingtown immediately and without being asked about changes in the surname and first name, marital status and residence status as well as changes to the passport or comparable documents (e.g. ID) Apartments (fixed components, furniture and inventory) must be reported by the guest immediately so that they can be remedied in good time.

7. Services «included»

7.1 The following services are automatically included in the basic price:

- Operating costs: Operating costs such as heating, electricity, hot / cold water are included in the price. If excessive consumption is ascertained, Livingtown is entitled, at its own discretion, to charge the guest for costs that exceed normal consumption. Crockery, cutlery, kitchen utensils), home textiles (bath and hand towels, tea towels). Reservations are possible on a case-by-case basis and in accordance with the separate house rules.

- Common rooms (e.g. kitchen): Can only be used for the usual leisure activities of the guests and their companions. For example, no commercial, political, religious or other public events may be held.

- Linen change: 1x a week

- Standard cleaning: 1 x week. The guest must enable access at the specified time, otherwise cleaning will not take place without compensation.

- Mailbox: every apartment has a lockable mailbox. The lettering of the mailbox is done exclusively by Livingtown. The guest is responsible for emptying the mailbox regularly. Livingtown accepts no liability for the delivery of mail. After check-out, the host himself is responsible for redirecting and forwarding his mail. Livingtown is not obliged to store or forward mail.

- Welcome desk: personal contact during opening hours. Communication with the town manager at any time via the app.

7.2 The voluntary waiver of services “included” does not entitle the guest to a price reduction or other claims.

8. Services "on demand"

8.1 The following services are not included in the basic price and can be used for an additional fee:

- In-house: catering and vending machine, fitness, conference room use, additional cleaning and mobility offers and Livingtown endeavors, without obligation, to negotiate a preferential price for its guests in advance if possible.

- Any deviations in the "on demand" service offer are expressly reserved and there is no claim that these services can be provided for every accommodation / apartment.

8.2 The prices given by Livingtown or an external partner apply. Services “on demand” are generally to be paid for in advance. In the case of permanent benefits, installments can be agreed in consultation with Livingtown.

9. Code of Conduct (due diligence)

9.1 The following code of conduct is binding for all guests and their visitors to ensure a pleasant stay in Livingtown accommodation:

9.2 The guest uses the accommodation and the apartment carefully and observes them when using the MOVE-ment module existing instruction manual. Before commencing a long-stay or unlimited booking of at least 3 months, the guest must take out and present appropriate liability insurance (in the case of a shorter contract period, the guest is also insured through Livingtown's business liability insurance).

9.3 The guest behaves considerately towards other guests and neighbors. Room volume applies from 10 p.m. Making music is not permitted at any time.

9.4 Visitors are always welcome. The guest is responsible for and is liable for ensuring that his visitors comply with the due diligence and consideration obligations set out in these General Terms and Conditions as well as the building regulations.

9.5 Smoking is prohibited in the apartment and inside the accommodation.

9.6 Pets are not allowed.

9.7 The guest is responsible for disposing of their own rubbish. Rubbish bins in the communal rooms may not be used for this.

9.8 In addition, the house rules of the respective accommodation apply. Livingtown reserves the right to adjust the house rules at any time.

9.9 If this code of conduct is disregarded, the right to proceed according to Clause 10 is expressly reserved.

10. Disruption of contract / premature termination of contract

10.1 Breach of due diligence and outstanding payments The breach of the essential obligations regulated in the accommodation contract or these GTC by the guest or his visitors entitle Livingtown to terminate the contractual relationship without notice. In this case, the guest must vacate the apartment within 24 hours of receipt of the notice of termination. The following are essential obligations that justify termination without notice: - Repeated noise, odor or other annoyance to other guests, their visitors or neighbors. In the case of a serious incident (e.g. during a police operation), a one-time harassment is sufficient. - Violation of the applicable house rules In the event of a serious incident (e.g. during police operations), a single violation is sufficient; - Violation of the guest's reporting obligations (see Section 5); - Exceeding the number of registered guests (except for occasional visitors); - Outstanding payments of at least 7 days

10.2 The guest is fully liable for the costs incurred by Livingtown in connection with an early termination of the contract. The access authorization for the guest is blocked. Any valuables in the apartment become the property of Livingtown as security for claims. All other items will be disposed of without compensation.

11. Withdrawal from the contract before moving in

11.1 Livingtown is entitled to withdraw from the contract before the guest moves into the apartment under the following conditions: - Failure to make agreed advance payments by the guest before the check-in date; - If the guest provides misleading or false information when booking or his stay is illegal; - if force majeure (strike, war, pandemic, storm, etc.) or other circumstances for which Livingtown is not responsible make it impossible to fulfill the contract; Claims for 11.2 In addition to the right to withdraw from the contract, any claims for damages are reserved in the event of culpable behavior on the part of the guest.

12. Further provisions

12.1 Access and inspection rights Livingtown is entitled to enter the apartment for repair and maintenance work or for reservation inquiries at any time. The guest will be informed in advance with a reasonable period of notice (at least 24 hours), reserved for emergencies.

12.2 Communication: Communication between the guest and Livingtown takes place in writing via e-mail and the community portal (app, etc.).

12.3 Exclusion of liability Livingtown accepts no liability for items brought into the accommodation by the guest (theft, loss, damage, etc.).

12.4 Surveillance camera In the common lounges, Livingtown can occasionally set up surveillance cameras for the safety of guests and property (e.g. at a vending machine). The guest hereby explicitly consents to this monitoring.

12.5 Changes to these GTC Subsequent changes or additions to these GTC will be published on the booking portal. They become part of the contract if the guest does not object within 30 days of becoming aware of the amended GTC.

12.6 Applicable law, place of performance and place of jurisdiction Only material Swiss law is applicable to the contractual relationship between the parties. The applicability of the CISG is excluded. The place of performance is at the place of the booked accommodation. The place of jurisdiction for all disputes is at the place of the accommodation booked by the guest.