General Terms and Conditions (GTC)
1 Scope and definitions
The general terms and conditions (“GTC”) govern the use of the one11 platform (“platform”) of one11 ag, Landstrasse 1, 5415 Rieden (“one11”). These GTC apply to any use of the platform, unless otherwise regulated, and to all services offered by one11 in connection with the platform.
Users: All those who use the platform as visitors, in particular as interested parties or advertisers.
Customer: Interested in an advertisement published on the platform.
Provider: An advertiser is any person who publishes an offer of any kind on the platform.
Tenant: After successfully booking a residential property, the interested party is considered a tenant.
Landlords: After receiving a booking of a residential property, the advertiser is considered the landlord.
Center: the physical anchor point (usually a hotel, for example) and one11 franchisee, which is available to users as a central point of contact in the respective community.
Community: a geographical area defined around a one11 center, in which all services of the center are offered and processed by the center.
2 Use of the one11 platform
2.1 In general
The one11 platform allows the provider to advertise services, residential properties and products.
Residential properties and marketplace advertisements can be entered by the provider (owner, administration, private individual, entrepreneur, etc.) and searched and viewed by users. Residential objects can be booked directly if no inspection is necessary. The user can also contact the advertiser.
Changes to the platform can be made by one11 at any time and without prior information. The scope of services, functionalities, contents of the platform, design, etc. may be changed, extended, reduced, interrupted, or discontinued. The user has no right to the continuation, maintenance of services, functionalities, or contents of the platform.
2.2 Minimum requirements for use
The use of the one11 platform is only open to natural persons or legal entities with unlimited capacity of act. Minors require the consent of their legal representative.
In order o create online advertisements or book a residential property, each user must create a login and verify the email address. The required information must be filled in truthfully. Each user is responsible for the accuracy, completeness and timeliness of their information.
Profile picture, name and place of residence of each user are publicly visible. If contact by e-mail or telephone is activated, this information is also displayed publicly. The ratings, the account balance (time) and the overview of all active advertisements are only visible to other users when logged in.
2.4 Legal status of one11
one11 is not a contracting party to contracts concluded between users on the platform. one11, its representatives, employees and auxiliary persons are in no way responsible for the risks associated with the initiation and conclusion of transactions and are in no way liable for any damages arising as a result.
2.5 No right of use
There is no entitlement to registration, use of the platform or use of services from one11. In particular, one11 is free to reject a registration or exclude a user, prohibit a user discontinue a service at any time.
2.6 Inadmissible contents
one11 is authorized to prohibit the offering of certain services or products on the platform at any time at its own discretion and without giving reasons. In particular, advertisements with illegal content or which offend common decency are prohibited.
2.7 Duties of the users
The user is obliged to keep the access data to his user account secret and not to make it accessible to unauthorized persons. The user is obligated to report to one11 immediately if his or her access data has been compromised.
The user complies with the applicable provisions on data protection.
The user is responsible for the backup of his data, and advertisements published by him on the platform.
Each user is responsible for all content (text, images, videos) himself and ensures that he is either the rights holder of this content or authorized to grant one11 the rights set out in the GTC. Should the content of users violate personal rights, data protection rights of third parties or intellectual property, the user himself is responsible for this.
The user is obliged to ensure at his own expense that he has the technical requirements for the use of the platform and he must use the latest technologies when using the platform, in particular the latest version of the respective web browser. If older or not generally used technologies are used, it is possible that the platform cannot be used or can only be used to a limited extent. Furthermore, if is the user’s responsibility to take the necessary precautions to secure his own systems at his own expense.
The user is obliged to report all violations of the GTC to one11 immediately. Unauthorized use of one’s own user account as well as fraudulent advertisements and applications must be reported to one11 immediately.
The user is obliged, before reporting to one11, to contact the local authorities immediately if the user believes that another user or an advertisement poses an immediate risk to any person.
2.8.1 In general
The advertiser undertakes to keep advertisements up to date and to publish only correct, truthful and complete information. one11 is entitled to remove advertisements created at any time and without prior notice and without fiving reasons.
Each advertiser is responsible for identifying and complying with laws and regulations governing contracts or services or products offered in the advertisements.
Users can offer residential properties for rent on the platform. one11 checks each advertisement for completeness of content before publication and can refrain from publication without giving reasons. The advertiser is solely responsible and liable for the truthful information about the rental property.
The advertiser is obliged to offer only those residential properties that are actually available for rent, that he is entitled to offer and that he can dispose of as a contractor, owner or broker.
Residential properties are assigned to a community by one11, provided that the residential property is located within the radius defined by one11. As a result, services (services & offers) provided by the community center are automatically transferred to all residential properties located in the community area.
The platform offers an overview of the bookings received in the profile. All created residential property advertisements can be made inactive or deleted by the landlord at any time.
The advertiser defines the duration of the final cleaning when entering the residential property and undertakes to comply with this period at all times. Likewise, the advertiser is obliged to keep the blocking periods up to date, whereby the residential property, during the periods not blocked by him, is actually available for the interested party.
Users can create marketplace advertisements (search or offer) on the platform. The advertisements are not reviewed by one11. Advertisers independently determine which service or products the wish to offer, to what extent, n what quality, at what price, in what currency and under what conditions.
2.9.1 In general
Users can contact the respective advertiser even without a previously created profile in order to obtain further information about the advertisement. One1 does not check the information submitted by interested parties. The respective interested party is solely responsible for the accuracy, completeness and timeliness of this data.
Users can book residential properties directly or sigh up for a tour, depending on the landlord’s settings.
Successful bookings can be canceled free of charge up to 3 days before the start of the trip. After this deadline, the full amount for the stay is due.
Upon booking, the tenant agrees to pay the amount according to the selected payment methos (see payment methods residential properties). In case of failure to meet the deadlines or missing payment, the booking is considered cancelled.
2.10 Other services
2.10.1 Paid additional services from one11 and third-party providers
one11 may provide the user with additional services for which a charge is made, which shall be governed by separate contracts. Insofar as no special rules are contained in such a separate contract, these GC shall apply.
The user agrees to receive a newsletter from one11 by e-mail. The user can unsubscribe from the newsletter at any time via the link listed in the e-mail.
On the one11 platform, services and products can be offered in exchange for time, money or in barer. Each advertiser determines the currency/ies and the price themselves and at their own discretion. It is the advertisers’ responsibility to ensure that their offer is not illegal. one11 is entitled, but not obligated, to review offers and delete them at its own discretion.
3.1 Time account
Only private individuals are entitled to use the time account.
The time account aims to allow users to offer their own skills or obtain services from other users in exchange for time.
Each verified user starts with a time balance of 3 hours. The time balance cannot be overdrawn into negative. Time credit can be given away, cannot be bought or sold monetarily and cannot be inherited. The time account only loses value if the time account is discontinued by one11.
Each user can send time or request time for a service from another user as desired. As soon as a user is online, his time balance is visible for all users.
one11 has the right to donate time to users.
Offered services on the platform can be considered as sideline. Each user is responsible for the proper taxation itself.
4 Relationship between advertiser and interested party
4.1 Conclusion of contract
A contract is concluded between the advertiser and the interested party (individually ad jointly “Contracting Party(ies)”) when the Contracting Parties have agreed on the essential content of the mutual obligations.
4.2 Contract processing
Both contracting parties are obliged to fulfill their obligations under the contract in full and on time.
The contractual performance owed shall be fully and properly rendered within 14 days of receipt of the information required for performance at the latest, subject to any other agreement between the contracting parties. The other contracting party shall, after receipt of the corresponding performance, in turn, subject to another agreement, provide the owed counter-performance completely and properly within 14 days at the latest.
4.4 Payment modalities
Payment is made in the currency specified by the provider in the advertisement (money, time or exchange).
Reviews are designed to help all members of the community make a good decision on booking a service with informative and helpful statements.
All submitted ratings and responses to ratings must always be accurate and truthful. They may not contain any insulting, defamatory or discriminatory content. Ratings may only be submitted if a service has actually been provided. Furthermore, the content must relate exclusively to the service provide and may not be influenced by previous services or external circumstances.
one11 is authorized to delete ratings that violate these guidelines when they are reported. In the event of repeated occurrences, one11 may block the user.
If a review violates our policies, please report it to[email protected]
one11 may adjust the tariffs at any time and charge fees to users for the use of the platform. Any fees incurred will be displayed to the user before the transaction is completed.
7 Terms of payment
7.1 Payment methods residential objects
The one11 platform works with the following three payment methods:
Payments must be received by the landlord within 72 hours from the time of booking. After receiving the booking information, the landlord must send the tenant unsolicited his bank details by e-mail. The tenant will be reminded by e-mail in case of non-payment of the outstanding amount. If the payment is nor received by the landlord even after the reminder, the landlord has the right to cancel the booking.
If the stay is longer than 30 days, the first 30 days will be debited directly. The payment terms of the subsequent booking period are regulated bilaterally by the landlord and tenant. The credit cad will be charged via stripe (online payment service). The amount is credited to an account in the name of one11. Within a few days, one11 will contact the landlord to transfer the amount received minus credit card commissions.
This payment method can only be activated by one11 and allows the landlord to charge the tenant for the booking with an invoice and therefore allows a booking without prior payment.
8 Legal ownership and rights of use
8.1 legal ownership
All information and content available on the platform as well as the rights to the software and brand are the exclusive property of one11 and / or the licensors of one11. Users of the platform are not transferred any rights.
Rights to advertisements or to information contained therein are excluded from this provision. The advertiser grants one11 a free, irrevocable, transferable right, which may be sublicensed to third parties, to use such rights and information in connection with the respective advertisement. In particular, one11 is entitled to publish advertisements (on the platform or on other channels) and to integrate them into its own services or services of third parties, to use and evaluate them for its own purposes, to make them accessible to third parties and to pass them on.
8.2 User’s right of use
Upon registration, one11 grants the user a free, non-exclusive right, limited to the duration of the contractual relationship between the user and one11, non-transferable and non-sublicensable, to use the platform and the information contained or available therein in accordance with its intended purpose, and the user undertakes to use the platform only in accordance with this right of use. The intended use of the platform consists for the user in offering residential properties and services / products, respectively in the search for services / products as well as in the use of the time exchange function.
Unless otherwise agreed with one11, any further or additional use of the platform or the information contained or available therein is prohibited. In particular, any further exploitation or making available of one11’s own content provided by one11 is prohibited. Likewise, any further exploitation and use of the advertisements published on the platform is reserved for the respective advertiser, one11 and the community center assigned by one11; the advertiser authorizes one11 to take action against any exploitation of the advertisements placed by the advertiser on the platform that violates this provision.
one11 is entitled to block o delete user accounts or remove advertisements at any time, without prior notice and without sating reasons, in particular if there is suspicion that a user is using the platform in violation of these GTC, illegally or immorally, or that his user account is being used without authorization.
9 Exclusion of warranty liability and indemnification
The platform is made available for use in the conditions as available. one11 does not issue any assurances, guarantees or warranties in connection with the platform and its use, in particular not for the availability, service quality, correctness, completeness and up-to-dateness of the platform or the information contained or available therein, namely also with regard to the advertisements published on the platform and the information transmitted to the advertiser by interested parties. The use of the platform is at the sole risk and responsibility of the user.
The liability of one11 for all damages in connection with the use of the platform is fully excluded. The exclusion of liability applies in particular to damage caused by unauthorized access to a user account, by illegal or immoral behavior of users or third parties, namely fraudulent advertisements or inquiries, by loss or deletion of data (e.g. of advertisements) or during the rental period / use of an offer / purchase of a product. The exclusion of liability does not apply to damages cased by intent or gross negligence of the part of one11.
The user is obligated to fully indemnify one11 in the event that one11 is held liable by third parties for damages resulting from actions of the user in connection with the platform, regardless of any fault on the part of the user.
10 Severability clause
Should individual provisions of the GTC be void and/or ineffective in whole or in part, the validity and7or effectiveness of the remaining provisions or parts of such provisions shall remain unaffected. The invalid and7or ineffective provisions shall be replaced by provisions that come as close as possible in economic terms to the meaning and purpose of the invalid an7or ineffective provisions in a legally effective manner. The same shall apply in the event of any loopholes in the provision.
11 Changes to the GTC
one11 is entitled to change the GTC at any time. The currently valid version of the GTC is available at app.one11.ch. Users shall be notified of any changes in an appropriate manner. If the user does not agree with the changes, he/she must terminate the contractual relationship with one11 within two weeks of notification of the changes and delete his/her user account. Otherwise, the changes shall be deemed accepted.
12 Applicable law and place of jurisdiction
The exclusive place of jurisdiction for all disputes arising from or in connection with the contractual relationship between one11 and the user in Rieden AG, Switzerland. one11 reserves the right to take legal actions against the user before another court in cases of recourse and warranty. The contractual relationship between one11 and the user is subject to Swiss law.
one11 ag, February 2022