introduction

As a user of www.robin-room.com, please read the RobinRoom Terms and Conditions (hereinafter “Terms”) carefully as they contain important information about your legal rights, remedies and obligations. By accessing or using the RobinRoom Platform, you agree to comply with and be bound by these Terms.

These Terms constitute a legally binding agreement between you and RobinRoom regarding your access to and use of the RobinRoom website

1. Scope of the General Terms and Conditions

The RobinRoom platform is an online marketplace that enables users and third parties (hereinafter “Room Partners”) who offer services to publish services on the RobinRoom platform (hereinafter “Advertisement”) and to book such services. The Services may include offering the use of activities lasting one hour or more, as well as activities lasting one or more days, as well as exclusive access to locations.

As the provider of the RobinRoom platform, RobinRoom creates, manages and offers booking offers. In particular, RobinRoom is responsible for the advertisement on the RobinRoom platform (website, photos, booking conditions, appointment coordination, etc.). When users make or accept a booking, they conclude a contract directly with the room partner. RobinRoom only assumes the function of an intermediary and is not involved in the contractual relationship between the room partner and the user, neither as a real estate agent nor as an insurer. RobinRoom does not act as an agent in any capacity for the user, except as provided in the payment terms below.

For the use and activation of the advertisements on the RobinRoom platform, RobinRoom concludes an individual agency contract with the respective room partner.

2. Eligibility, Use of the RobinRoom Platform and Verification

To access and use the RobinRoom platform, users must be at least 18 years old or a legal entity that can enter into legally binding contracts.

Verifying users on the Internet is difficult and RobinRoom accepts no responsibility for confirming a user’s identity. Notwithstanding, RobinRoom may request users to provide information or perform additional checks to verify users’ identity or background.

3. Modification of Terms and Conditions

RobinRoom reserves the right to change these terms at any time.

4. Booking Request

Booking requests can be entered by users via the RobinRoom platform. If users make a booking on the RobinRoom platform as a legal entity, they represent and warrant that they have the authority to legally represent that entity and to grant RobinRoom all the permissions provided for in these Terms.

Users can enter their booking request on the RobinRoom platform with an email address. Users are required to provide accurate, current, and complete information during this process.

Users are required to notify RobinRoom immediately if they know or have reason to believe that an actual or suspected unauthorized booking is being entered.

5. Advertisement information

RobinRoom undertakes the task for the room partners to create, upload, post, send, receive and store content such as text, photos, audio, video or other materials and information on or through the RobinRoom platform necessary for the creation of the advertisements in connection with the accommodation, locations or events.

6. Service Fees

RobinRoom charges users a room fee and an agent fee for use of the RobinRoom platform (collectively, “Service Fee”). The service fee is made up as follows:

Service fee = room fee + agent fee (20% of room fee)

Calculation example:
The room partner sets the room fee at CHF 100.00 per hour for the use of a location. The service fee to be paid by the user is therefore CHF 120.00, of which CHF 100.00 is paid to the room partner and CHF 20.00 to RobinRoom. The contract comes into effect when the transaction between the room partner and the user is completed. The user will be billed the full service fee on the day of booking on the RobinRoom platform. The service fee charged to the user includes the room fee to be paid to the room partner plus the 20% agent fee for RobinRoom.

All applicable Service Fees (including any applicable taxes) will be displayed to a Room Partner or User prior to posting or booking an Offer. RobinRoom reserves the right to change the service fees at any time. Such fee changes will not affect bookings made prior to the effective date of the fee change.

The user is responsible for paying the service fee owed to RobinRoom. The applicable service fees will be charged by RobinRoom. RobinRoom will deduct the agent fee from the service fee before the payout is sent to the room partner. All room fees are included in the service fees charged by RobinRoom. Unless otherwise stated on the RobinRoom platform, the service fees are non-refundable.

7. User Terms

Subject to the fulfillment of the requirements specified by RobinRoom (e.g. completion of verification processes), the user can make a booking on the RobinRoom platform. All applicable fees will be communicated to users prior to booking. Users agree to pay the service fees for each booking requested on the RobinRoom platform.

After the booking request has been received by the user, which can be rejected at any time without giving a reason, the user will be charged the service fee. After the user has paid the service fee and received the definitive booking confirmation from RobinRoom, a legally binding agreement is formed between the user and the room partner, which is subject to the additional conditions of the room partner, in particular the rules and restrictions specified in the advertisement. Special agreements between RobinRoom and the user remain reserved, which in exceptional cases may deviate from the booking process described.

Furthermore, RobinRoom reserves the right to refuse to process or confirm a booking or to refuse a cancellation in the event of problems with the payment processing of the room partner or user.

If users book on behalf of additional users, they are responsible for ensuring that each additional user meets all requirements set by the room partner and is made aware of and agrees to these Terms and any conditions, rules and restrictions set by the room partner. If users book for an additional user who is a minor, they represent and warrant that they are legally authorized to act on behalf of the minor. Minors may only participate in an event when accompanied by an adult who is responsible for them.

8. Booking of accommodation/locations and events

A confirmed booking of an Accommodation/Location is a limited authority granted to Users by the Space Partner to enter, occupy and use the Accommodation/Location for the duration of their stay, with the Space Partner retaining exclusive right to use the Accommodation/Location. Location to re-enter after booking.

At their sole discretion, Users may notify the Room Partner of any medical, physical or other circumstances that may affect their ability to attend an Event.

The user undertakes to leave the accommodation no later than the time that the room partner states in the advertisement or at another time that has been agreed between the user and the room partner. If the user stays beyond the agreed checkout time without the consent of the room partner (hereinafter “overdraft”), the user no longer has the right to stay or stay overnight at the location and the room partner is entitled to evict the user from the accommodation.

In addition, each User agrees to pay the Room Partner an additional fee of twice the service fee originally agreed upon for each 24-hour period (or part thereof) that they continue to stay or stay at the Accommodation to cover the inconvenience and legal costs incurred by the Room Partner in getting the User to leave the Accommodation/Location (collectively, “Overdraft Fees”).

Overdraft fees for late checkouts on the checkout date that do not affect pending bookings may, at RobinRoom’s discretion, be capped at the additional cost incurred by the room partner as a result of such overdraft. In this case, RobinRoom is authorized to charge the overdraft fees.

9. Payment Terms for Users

By paying the service fee, the user agrees to these general terms and conditions and the special conditions of the room partner in the advertisement. RobinRoom collects the service fee from the users via the RobinRoom platform or via email link (pay per email). If the payment process for the booking requested by the user has been successfully completed, they will receive a definitive booking confirmation by email.

Room Partner hereby appoints RobinRoom as its agent, limited to the sole purpose of receiving funds for services consumed on the RobinRoom platform.

Each user of the RobinRoom platform affirmatively acknowledges that, notwithstanding the fact that RobinRoom is not a party to the contract between the user and the room partner, RobinRoom acts as a collection agent for the room partner, limited to the purpose of taking payments from the user on behalf of the room partner roommates. With the payment of funds to RobinRoom, the user’s obligation to the room partner to pay the agreed amount expires. RobinRoom is responsible for transferring funds to the room partner. If RobinRoom fails to transfer the relevant amounts, the room partner can only make use of RobinRoom. There is no direct claim against the user.

10. Collection of Payments

In the event that RobinRoom issues a written invoice to pay the Service Fee, the Service Fee is due and the Users and/or Room Partners are in default if the invoice is not paid within 30 days of delivery.

Users hereby expressly agree that all communication regarding payment arrears may take place via email or telephone. This communication may be conducted by RobinRoom or a third party on their behalf, including but not limited to an external debt collection agency or law firm.

11. Booking Changes, Cancellations and Refunds

Room Partners and Users are responsible for any changes to a booking made through the RobinRoom platform or direct RobinRoom customer service and agree to pay all service fees associated with such booking changes.

The cancellation conditions are specified individually by the individual room partners and can usually be found in the advertisement information on the RobinRoom platform. In case of doubt, the user must inquire about the cancellation conditions at RobinRoom. Confirmed bookings are direct through email to RobinRoom customer serviceruby@robin-room.com or[email protected]to cancel. If the cancellation is not made within the period specified by the room partner before the event, i.e. late, the entire service fee is still due and the user will not receive a refund of the service fee already paid. RobinRoom assumes no liability for the cancellation conditions of the room partner published in the advertisement.

If a room partner cancels a confirmed booking, the user will be refunded the full service fees for such booking. In this case, RobinRoom is entitled to request the reimbursement of the amount already paid from the room partner or to pay it back to the user if the amount has not yet been transferred to the room partner. If a confirmed booking is canceled by a room partner, the room partner undertakes to pay RobinRobin an additional half of the service fee as a contractual penalty for non-performance.

For experiences and events, the room partners can cancel the booking if the weather poses a safety risk for the users (e.g. due to bad weather conditions outdoors). In this event, RobinRoom may, at its sole discretion, reclaim the amount already paid from the room partner for reimbursement. If a User booking an Experience or Event experiences a travel issue, RobinRoom may, in its sole discretion, determine whether the User will be reimbursed for part or all of the Service Fees.

12. Damage to accommodation/locations, disputes between room partners
and users

Users are responsible for leaving the Accommodation/Location (including any personal or other items located in the Accommodation/Location) in the condition in which it was upon arrival. Users are responsible for their own acts and omissions, as well as for the acts of anyone who invites them to or otherwise allows access to the Accommodation/Location.

If a Room Partner asserts and proves that a User intentionally or negligently damaged or destroyed an Accommodation/Location or other property at a Location (“Claim for Damages”), the Room Partner/RobinRoom may seek damages from them. If a room partner reports damage to RobinRoom, the user has the opportunity to comment. If the user acknowledges the claim for damages and agrees to pay this to the room partner, RobinRoom can claim this amount from the user after the end of the stay/event, which is necessary to cover the damage. The user can lodge a complaint against a decision made by RobinRoom by contacting RobinRoom customer service ([email protected]) turns.

RobinRoom has taken out a photo shoot location insurance. If the damage or destruction is covered by this insurance, the user undertakes to pay a deductible of 10% of the damage costs, but at least CHF 200.00 per event. theGeneral Insurance Conditionsto the collective insurance contract between Helvetia Schweizerische Versicherungsgesellschaft AG and RobinRoom are an integral part of the contract.

13. Refund

A complaint can be made to RobinRoom customer service if room partners cancel bookings for an accommodation, location or event shortly before the scheduled start time, do not provide access (e.g. no keys and/or security code) or if the description in the listing or the The image of the accommodation/location is incorrect in essential respects, e.g.:

• the size of the accommodation/location (e.g. number and size of the bedroom, bathroom and/or kitchen or other rooms) • special features or properties of the accommodation/location specified in the advertisement are not available or do not work (e.g. terraces, pools, whirlpools, etc .)• A lack of cleanliness or the general condition of the accommodation/location is poor

If a user submits a complaint, RobinRoom agrees to refund the user, at its sole discretion, up to the amount of the payment made through the RobinRoom platform.

14. Privacy

When using the RobinRoom platform, the following personal data is collected from users:

• User data: When users make a booking via the RobinRoom platform, certain personal information such as first and last name, e-mail address, date of birth or telephone number is required.

• Additional data: In order to use certain functions of the RobinRoom platform (e.g. bookings and creating advertisements), RobinRoom may ask users to provide additional information.

• Data to verify identity: To verify the identity of users, RobinRoom may request data (eg photo of an official ID card, copy of a passport, an ID card or driver’s license) or other authentication data from users.

• Payment information: In order to use certain functions of the RobinRoom platform (such as bookings and creating listings), users are asked to provide certain payment information (such as bank account or credit card details) in order to enable the processing of payments.

• Communication with RobinRoom: RobinRoom may use the data just mentioned to communicate with users of the RobinRoom platform (eg customer service, sending notices, updates or general notifications). Unless otherwise stated, all declarations of intent and other communications permitted or required under this agreement must be in text form.

• Users will be contacted and notified by RobinRoom via email, via the RobinRoom platform or via messaging services (such as SMS and WhatsApp). Users agree that the data just mentioned may be used, shared or otherwise used for any purpose, persistent and global, in any media and through social media channels related to RobinRoom’s business activities, or for any other advertising, promotional purposes – and can be used for other commercial purposes.

15. Liability

According to the provisions of the Swiss Code of Obligations, RobinRoom is liable for intent and gross negligence on the part of its employees, (legal) representatives, directors or other auxiliary persons. Liability for slight and medium fault is excluded. Liability for auxiliary persons is completely excluded.

16. Governing Law and Jurisdiction

This contract is subject to Swiss law, excluding the United Nations Convention on Contracts for the International Sale of Goods (Vienna Sales Convention).

Exclusive place of jurisdiction for all disputes is Zurich.

17. Questions and Feedback

If users have any questions about these Terms and Conditions, how they work or any other questions related to the RobinRoom platform, please contact RobinRoom:

Name: Robin Room Ltd

Address: Räffelstrasse 24, 8045 Zurich

E-mail address:[email protected]or[email protected]

We are always happy to answer any questions you may have.

ROBIN ROOM 06/30/20