General Conditions of Friendkeez SA

Introduction​

Welcome to the Friendkeez SA Platform, a company established in Vernier, Switzerland. Friendkeez SA provides an innovative service through its web platform and mobile application, facilitating the connection between Owners and Guests for the rental of their secondary assets.

1. Definitions​

In the context of these general terms and conditions, the following terms shall have the following meanings:

  • Platform refers to the web platform and mobile application operated by Friendkeez SA.
  • User(s) refers to any natural or legal person accessing the Friendkeez SA Platform, whether they are an Owner or Guest.
  • Owner(s) refers to any natural or legal person offering one or more secondary assets for rent via the Friendkeez SA Platform.
  • Guest refers to any natural or legal person seeking secondary assets to rent via the Friendkeez SA Platform.
  • Secondary asset(s) refers to real estate properties, such as secondary (or main) residences, holiday apartments, cottages, leisure villas, or any other type of accommodation that can be temporarily rented by their Owners through the Friendkeez Platform.

2. Purpose and Scope of Application​

These general terms and conditions govern the use of the services and products provided by Friendkeez SA. They define the rights and obligations of Users when accessing the Friendkeez Platform, using its services, or interacting with them. By accepting these general terms and conditions, you consent to comply with all rules and policies set forth in this document. Please read these general terms and conditions carefully before using our services. If you do not accept these terms, please do not use our Platform. Friendkeez SA operates in the field of connecting Owners and Guests for the rental of secondary assets. These general terms and conditions govern the use of Friendkeez SA's web platform and mobile application, a company based at Chemin-de-Sales 15D in Vernier (Geneva, Switzerland), established in September 2023.

3. Acceptance of Terms​

As part of the introduction of Friendkeez SA's general terms and conditions, acceptance of the terms is implicit when Users access the services or products offered by the company. By using the Friendkeez Platform, whether via the website or the mobile application, Users expressly acknowledge having read these general terms and conditions and agree to fully comply with them. The use of Friendkeez services thus implies implicit acceptance of the terms and conditions set forth in these general terms and conditions, as well as the company's Privacy Policy.

4. References and Associated Documents​

In the context of Friendkeez SA's general terms and conditions, Users must also refer to the company's privacy policy. This policy specifies how Friendkeez collects, uses, stores, and protects Users' personal data. In addition to these general terms and conditions, the privacy policy is an important document for fully understanding Users' rights and obligations when using the Friendkeez Platform.

5. Effective Date​

These general terms and conditions come into effect upon their publication on the Friendkeez SA web platform and mobile application. From the moment Users access the Platform or use its services after this date, they implicitly acknowledge that these general terms and conditions are effective and binding on them.

6. Modification of General Terms​

Friendkeez SA reserves the right to modify these general terms and conditions at any time. Users will be informed of any changes via the web platform or the mobile application. It is the responsibility of Users to regularly consult the updated general terms and conditions. The continued use of the Platform after any modification constitutes implicit acceptance of the new conditions.

7. Platform Usage​

The use of the Friendkeez SA Platform is reserved for persons legally capable of contracting. Users must provide accurate, complete, and up-to-date information when registering on the Platform. They are responsible for the confidentiality of their account and all activities taking place therein. The User will receive communications from Friendkeez SA by email or other contact details provided for their Friendkeez account. Friendkeez SA also reserves the right to send promotional emails.

8. Relationship between Owners and Guests​

Friendkeez SA acts solely as an intermediary between Owners and Guests. We do not intervene as a party in the rental contracts concluded between owners and guests. Users acknowledge that Friendkeez SA is not responsible for the rented goods or any disputes arising from the rental contracts.

9. Responsibilities of Friendkeez SA​

Friendkeez SA undertakes to provide a secure and functional Platform but cannot guarantee the accuracy, reliability, or completeness of the information provided by Users. We disclaim any liability for direct or indirect damages resulting from the use of our Platform. The Platform will operate uninterrupted, reserving the right to temporarily interrupt access to the Platform for maintenance reasons and cannot be held responsible for disruptions or failures of the internet network or telecommunication network, and more generally, which have their origin in circumstances external to it or resulting from force majeure.

10. Applicable Law and Jurisdiction​

These general terms and conditions are governed by Swiss law. Any dispute arising from the use of the Friendkeez SA Platform shall be subject to the exclusive jurisdiction of the courts of Geneva (Switzerland), subject to mandatory legal provisions.

11. Contact​

For any questions regarding these general terms and conditions or the use of our Platform, please contact us at the following address: [email protected].

12. Confidentiality and Data Security​

Friendkeez SA is committed to protecting the confidentiality of Users' data in accordance with its privacy policy. Users agree that their personal data may be collected, used, and processed by Friendkeez SA for the purposes described in said policy.

13. Intellectual Property​

All content on the Friendkeez SA Platform, including but not limited to texts, graphics, logos, icons, images, audio and video clips, as well as their arrangement, are the exclusive property of Friendkeez SA or its licensors and are protected by applicable intellectual property laws.

14. Suspension or Termination of Account​

Friendkeez SA reserves the right to suspend or terminate the account of any user in case of violation of these general terms and conditions or unethical behavior or for any other reasons that Friendkeez SA deems valid. In case of suspension or termination, the user will no longer be able to access their Platform. The User may terminate this agreement at any time by sending us an email or by deleting their account.

15. Rights and Obligations of Users​

Users agree to use the Friendkeez SA Platform responsibly and in compliance with the law. They are required to respect the rights of other Users, not to publish offensive or illegal content, and not to disrupt the proper functioning of the Platform. Booking modifications must be managed by Owners and Guests, who are responsible for any changes agreed upon via the Friendkeez Platform or via Friendkeez customer service on their behalf. They also agree to pay any additional fees associated with any booking modifications.

16. Limitation of Liability​

To the fullest extent permitted by applicable law, Friendkeez SA disclaims all liability for direct, indirect, incidental, special, or consequential damages arising from the use or inability to use its Platform, even if Friendkeez SA has been advised of the possibility of such damages.

17. Indemnification​

Users agree to indemnify and hold Friendkeez SA harmless from any claim, loss, liability, cost, or expense (including attorney's fees) arising from their violation of these general terms and conditions or their use of the Platform.

18. Modification or Cancellation of Reservation​

Users agree to pay any additional fees associated with any modification or cancellation of reservation. In case of cancellation of a reservation by a Guest, the amount paid to the Owner is determined by the cancellation policy applicable to that reservation. Owners undertake not to cancel a reservation for a Guest without valid reason. In case of cancellation of a reservation by an Owner, Friendkeez SA reserves the right to impose cancellation fees in accordance with the cancellation policy applicable to that reservation.

Owners are required to comply with all applicable laws and tax regulations regarding the rental of their properties and the income generated through their use of the Friendkeez Platform. Friendkeez SA disclaims any responsibility for the legal and tax obligations of the Owners and cannot be held liable for any violations of laws or tax legislation by them. Owners commit to taking all necessary measures to fulfill their legal and tax obligations and release Friendkeez SA from any liability in this regard.

20. Miscellaneous Provisions​

The User is responsible for their own acts and omissions, as well as those of the individuals they invite or grant access to their accommodations. They must also assume all risks inherent in using the Platform.

As part of the banking services facilitating financial transactions between Users, Users also agree to comply with the general terms and conditions of Friendkeez SA's financial partners, including Stripe, a leading payment management company. You can view all information related to their general terms and conditions on Stripe.com.

If any provision of these general terms and conditions is held to be invalid or unenforceable by a competent court, such invalidity shall not affect the validity or enforceability of the other provisions. These general terms and conditions constitute the entire agreement between the user and Friendkeez SA regarding the use of the Platform.