Terms and Conditions
bonacasa and bonainvest Group
bonacasa is a bonaininvest group label which is protected by trademark law. For simplicity, reference is always made in these General Terms and Conditions of Business (AGB) to bonacasa which denotes the relevant contracting partner in each case or the appropriate person to contact at the bonainvest group (the parent company or one of the subsidiary companies). All the consents, concessions and commitments given in these General Terms and Conditions of Business and in contracts with the bonaininvest group apply to the entire bonaininvest group unless they are explicitly granted in favour of one particular person only.
Declaration of consent to these General Terms and Conditions of Business (AGB)
By accessing this website or its pages and links and the products, services, information, tools and documents contained or described therein, by ordering a product offered by bonacasa or by entering into a contract with bonacasa, the provisions of these AGB are accepted and are therefore deemed to be known and correctly understood.
Products, services, conditions and prices
The prices published by bonacasa for its apartments, products, services and information and for the products, services and information of its partners are updated whenever possible. However, bonacasa gives no guarantee as to the accuracy and completeness of the content, the quality, availability and topicality of the apartments, products, services and information that are offered. Bonacasa reserves the right to amend, adapt, supplement or remove from the offer at any time the content of the website or that of the apartments, products, services and information.
It can happen that bonacasa or the partners of bonacasa offer special conditions and prices for particular occupants or users or for partner enterprises. The prices directly agreed with the occupants or users are alone binding in every case, regardless of the terms and conditions granted to other users of the services.
In principle, the prices are those shown on the website and in the price lists. These may, however, be standard prices which cannot be respected, depending on the scope of the benefits or services to be provided.
Regardless of the published prices, the prices of the benefits or services depend on the scope of such benefits or services that are provided and in particular on the time required to do so.
Entitlement to access and acceptance of costs
When an emergency call is triggered, professional assistance is initiated immediately. To facilitate a rapid response in an emergency call situation, the occupant grants entitlement to access his apartment to the particular person or organisation who or which intervenes in such an emergency call situation and requires access to the apartment. Any costs incurred by the particular organisation in connection with the necessary intervention are payable by the occupant.
Bonacasa implements the access concept for emergencies by means of a key safe (which is part of the bonacasa construction standard) to be installed in the building or in cooperation with a retirement centre, retirement home, nursing care home, hospital or similar institution located close to the building. If the bonacasa construction standard is not implemented and if the building owner does not provide a key safe in the building and no key can be deposited with an institution of the kind indicated and situated close to the building, access to a locked apartment can be gained only if the occupant or user of the emergency alarm can himself open the door or if a person who is called in (relative, acquaintance, neighbour etc.) is able to open the door. If that too is impossible, access can only be gained in an emergency with the help of the police and if necessary by breaking the door open.
Guarantee and liability
Connection to an emergency call centre does not afford absolute security, but does facilitate rapid response in an emergency. The user is responsible for ensuring the operability of the occupants’ devices (mobile phone, telephone, emergency call device, computer etc.). In so far as this is permitted by law, liability in connection with the emergency call services is excluded.
The occupant or user of the services (including security services) shall inform the partners of bonacasa to the extent necessary of potential risks and of special difficulties which have to be taken into account or are unexpected when the services are provided. Bonacasa accepts no liability for adverse consequences which could have been avoided had adequate information and instructions been given.
bonacasa gives no guarantee for the services of its partners in terms of both quality and quantity and excludes all liability for their services and actions. The liability of bonacasa is confined to quality assurance and quality review of the partners. In particular, the partners of bonacasa do not act as servants of bonacasa but under their own responsibility and at their own risk. All possible claims in connection with the procurement of services can only be enforced against the partners of bonacasa. There is no direct contractual or liability relationship between the service provider and bonacasa.
To enable individual services to be effectively procured or to optimise the services that are offered it may be necessary for passwords or access data to be disclosed. Without such disclosure the relevant service may be impossible to provide at all or to the extent or in the quality offered. The occupant or user is responsible for making sure that passwords or access data are changed after their disclosure or after bonacasa has used them to provide the service. Should the passwords or access data not be changed, bonacasa excludes all liability in connection with any misuse of such data. Bonacasa gives an assurance that such data shall be used solely for the purpose for which they were disclosed.
Liability for direct or indirect damage and consequential damage suffered by users or by third parties as a consequence of the use of this website, of links to this website, or as a consequence of the use or procurement of bonacasa-specific products, services and information, is declined completely. This exclusion of liability likewise includes loss of data, misuse of data by third parties and damage caused by viruses or other electronic damage.
A database is set up to secure the bonacasa service and security concept and to optimise the procedures. The data made available by the occupant or user shall be used exclusively for bonacasa purposes. There is an entitlement at all times to information, correction and deletion of the data placed on file, but if data are deleted it may not be possible to provide the bonacasa services any longer to the same extent or with the same quality. Deletion of data has no influence on the charges that are payable.
The occupant or user is responsible for ensuring that the data indicated are correct and complete and amended and updated as and when necessary. Bonacasa accepts no liability for adverse consequences caused by incorrect or inadequate data availability to bonacasa.
It is possible that data may be used for bonacasa purposes in order to improve the products, services and information on offer, for which consent is hereby given. Such data shall be treated in compliance with the relevant provisions and the Data Protection Act. In addition, it is possible that data may be collected which do not enable the occupants and users to be identified personally for which consent is likewise hereby given. All the data made available shall be used in compliance with the provisions of the Data Protection Act and protected by suitable technical measures against unauthorised processing.
bonacasa is authorised to disclose data within group. Technical means of analysis are employed to give occupants and users the best possible service. The information gathered in this way enables the services and offerings to be provided in a still more personalised manner in line with the needs.
If this website contains hypertext links to other websites, no responsibility is accepted for compliance by such websites with data protection provisions.
Information that may be stored automatically on a hard disk (cookies)
Information about visitors to this website may be stored on the user’s computer hard disk. That information takes the form of “cookies” or a similar data file format and helps to adjust the Internet offering to individual needs. If the storage of cookies on local hard disks is to be avoided, the necessary function of the user’s Internet browser to decline cookies or warn against their use must be employed.
Ownership of this website, trademark rights, copyright, other intellectual property rights and other rights
Save where otherwise indicated, all the contents of this website are copyright protected. Alteration of this website is prohibited under all circumstances. Reproduction, linking or use for public or commercial purposes are prohibited without the prior written consent of bonacasa. No intellectual property rights are acquired by retrieving, downloading or copying pages. Where contents of the website are reproduced either in whole or in part in electronic or written form, specific mention must be made of bonacasa.
Amendment of these AGB
These AGB may be amended, adapted, supplemented and updated at any time. The user or occupant declares his consent to the latest valid edition of these AGB.
Scope of application and obligation to transfer the bonacasa provisions
As the bonacasa product applies to a particular apartment or a particular house, all the contracts, provisions and consents including these AGB concluded with bonacasa apply in each case not solely to the contracting partner who concludes the contracts or makes the declarations but also to his successors-in-title.
For that reason the contracting partner of the bonacasa contract is required to transfer his contracts, provisions and consents to his successor-in-title (purchaser of the apartment, sub-tenant etc.); subsequent third parties must likewise be required to respect the contracts, provisions and consents. This onward transfer is effected automatically if the persons concerned are informed of bonacasa and of the bonacasa services.
This obligation to transfer applies in particular to the access entitlement in the event of an emergency call and all the related provisions.
In the event of any contradictions with versions of these AGB in other languages the German version shall prevail.
Applicable law and place of jurisdiction
All legal relations with bonacasa shall be governed by Swiss law. The place of jurisdiction is Solothurn (Judicial Office of Solothurn-Lebern).