Terms of Service

Last updated: August 19, 2020

The General Terms and Conditions ("GTC") govern the business relations between the user, the provider and work cobby GmbH, unless special agreements are made. work cobby GmbH is the owner and operator of the registered internet domain www.cobby.ch ("Website") and is hereinafter referred to as "cobby", "we", "us" or "our". All types of use of the Website are fully subject to the terms and conditions and are intended exclusively for persons aged 16 and over.

Please read these terms and conditions carefully as they contain relevant information about your rights and obligations. Please also read our privacy policy carefully.

TERMS AND CONDITIONS FOR USERS

You agree to comply with and be legally bound by the terms and conditions contained in these terms and conditions, whether or not you register and thus become a cobby member. cobby reserves all rights with respect to access to and use of the Website and all content.

1. Terms

  • "Provider": Means a Member who offers hotel and restaurant facilities and services in connection with the same through the Website.
  • “User": Means a Member who books or requests hotel and restaurant facilities and services in connection with the same via the Website.
  • "Contract": Describes the contract between the User and cobby as mediator of the hotel and restaurant facilities and services in connection with the same, as defined in paragraph 4.
  • "Booking amount": Describes the total amount to be paid by the User to cobby (including all additional costs and taxes), which is due for the booking of a hotel and restaurant facilities and services in connection with the same and which is clearly indicated in the booking request.
  • "Member": Refers to both Provider and User, who has completed the registration process with cobby as described under point 3.
  • "Member Area": Describes an area of the Website which contains individual contents and messages for the registered Member.
  • "Member Content": Refers to all content that is posted, uploaded, published, submitted or transmitted via the member area on the Website.
  • "Content": Refers to all text, graphics, images, music, software, acoustic material, video, information or other materials and content as well as member content that is accessible via the cobby Website.

2. Service Description

The cobby Website provides an online platform for booking and requesting hotel and restaurant facilities and services in connection with the same. The service offers and prices of cobby can change at any time and are not binding for cobby. In order to make a booking on the online platform as a user, you must register as a Member (see clause 3 below). After successful registration, you can make bookings at any time. As a User, you only have to pay the booking amount requested by the Provider without incurring additional fees.

3. Registration Process

In order to make a booking on the Website, you must first register. Natural persons must be 16 years of age or older to register. To register, you must first submit an electronic registration form and agree to the Terms and Conditions and Privacy Policy. The registration process is completed with the confirmation to the e-mail address you have provided. Once you are a Member of cobby and have an individual account on the Website, you can make bookings at any time. The data you provide is the basis for your personal profile on the Website. You agree that the data provided for the registration and booking process is true, current and complete and will be continuously updated. It is not permitted to create more than one cobby account for the same natural or legal persons. Access to the profile is protected by a password chosen by you. You are responsible for protecting your password. cobby will not be liable for any claims, liability, damages, losses or costs, without limitation legal fees and accounting costs of any kind, arising out of or in any way connected with any activity or action taken through your account, whether or not you have authorized such activity or action. If there is any unauthorized use of your cobby account or if such unauthorized use is suspected, you must notify cobby immediately in writing.

4. Booking Process

When you make a booking request on the Website as a registered User, you are offering cobby a contract and the amount shown in the booking request ("booking amount") will be reserved on the credit card. Until the booking request is confirmed, cobby will not charge your credit card, but will only reserve the amount by pre-authorization. The Provider must respond to the booking request within the period indicated in the booking request either by confirming or refusing the request. If the booking request is accepted by the provider, then a binding contract is concluded between you and cobby. This will be communicated to you by a confirmation e-mail sent by cobby with the essential conditions of the booking including the applicable cancellation and refund conditions. Such a confirmation is therefore a business confirmation letter. When the letter of confirmation is sent, the user's credit card is charged with the amount reserved in advance. If this letter of confirmation does not fully reflect what was requested, you must inform cobby immediately. A unilateral change to the already confirmed booking is only possible with the consent of cobby. If the booking request is rejected by the provider, no contract is concluded. The rejection by the provider will also be communicated to the user via e-mail and the pre-reserved amount on the credit card will be released. In the absence of a confirmation or rejection by the provider within the specified period, the requested booking is automatically cancelled. You will also be informed by e-mail about the absence of a reaction and the amount already reserved on the credit card by pre-authorization will be released.

Day pass:

A day pass is applicable on all days provided by the Providers. Several purchased Day Passes must be linked to specific dates. Day passes that have been booked are subject to the cancellation conditions set out in section 6.

Week pass:

A Week pass is only valid during the working week selected by the member (Monday to Friday) and is fixed for five (5) days. Weekends are excluded from the Week pass. The days purchased represent a credit balance which can be used for payment immediately during the above-mentioned booking process. The user can choose from all available hotel and restaurant facilities. Accordingly, the same booking process takes place here as well, which also determines the availability of these facilities. Accordingly, there may already be fully booked facilities. The same cancellation conditions apply as for regular bookings. Unused days expire at the end of the selected working week and are not refundable.

5. Payment Conditions

The booking amount to be paid is shown on the booking request and includes all operating costs (electricity, internet, coffee, tea, water) and taxes, unless otherwise stated on the booking request. As soon as the booking request made on the Website is confirmed, you as a User are obliged to pay the booking amount to cobby. When making your booking request, you will be asked to provide the usual billing information, such as name and credit card information, to the third party appointed by cobby as payment processor. When making a booking request, you agree that a pre-authorization of your credit card for the correspondingly displayed booking amount will be made. After confirmation of your booking request, as described in paragraph 4, your credit card will be charged with the booking amount respectively with the pre-reserved amount. In the event of a refusal or no reaction from the Provider, the pre-reserved amount on the credit card will be released. You duly authorize the third party appointed as online payment processor to debit your credit card with the aforementioned amount and to collect this amount without any additional or prior consent from you after your booking request. cobby has no control over any fees charged by your bank for financial transactions and therefore excludes any liability in this respect. When using the payment services of third parties, please also read the general terms and conditions and the privacy policy of the third party responsible for payment processing, which govern their services and procedures for collecting personal data. As soon as your financial transaction has been successfully completed, the status of the corresponding booking in the member area will change to "paid".

6. Cancellation and Refund Policy

Confirmed bookings can generally not be cancelled and refunded. Any refunds will be decided by cobby depending on the individual case. If you wish to cancel a booking request that has not yet been confirmed by the provider, you can do so without consequences. The amount already reserved on your credit card will be released immediately and the cancellation will be confirmed by e-mail. Within 24 hours after the official end of the individual use, complaints can be submitted to cobby via e-mail to support@cobby.ch. cobby will decide on a possible refund depending on the individual case. It should be noted that any refunds will depend on the means of payment used. For credit cards with a monthly charge this means that the refund amount will be credited at the end of the current billing period. Refunds via bank account will be made within seven bank working days.

7. Additional Conditions

Users are obligated to do as follows at cobby, unless otherwise stated in the booking request:

  • To return the used areas of a hotel and restaurant facility clean and in the same condition as when they were handed over;
  • To pay any cleaning and/or restoration costs if the room is not returned in the same condition as when it was handed over;
  • To comply with all applicable laws;
  • Comply with the house rules defined by the provider (if applicable). The provider reserves the right to exclude you from the use of the hotel and restaurant facilities if the basic house rules are not followed, in which case the booking amount will not be refunded;
  • Neither the provider nor cobby assume any liability for theft of valuables in the hotel or restaurant premises. Users are invited to deposit their personal valuables at the reception desk, even if they are absent for a short time (e.g. toilet, coffee refill).

8. Terms of Use

You are solely responsible for complying with all laws, rules, regulations, statutes and tax obligations applicable to your use of the Site and the Content. As a user of the Website, Content and Services, you agree to comply with the following terms and conditions:

  • To comply with the laws of the country in which the hotel and restaurant premises are located;
  • Not to use any manual or automated software, devices, scripts, robots, backdoors or other means or procedures to search or access Websites or other services included in the Website or the Content by scraping, crawling or spidering;
  • Use the Website or the Content only for purposes expressly permitted in these Terms;
  • Not to copy, store or otherwise access the information contained in the Website or the Content for any purpose not expressly permitted by these Terms;
  • To protect the rights of any person or entity, including without limitation their intellectual property rights, personal rights, rights of publicity or contractual rights;
  • Not to interfere with or cause damage to the Website, including without limitation through the use of viruses, cancel bots, Trojan horses, malicious code, ping-floods, denail of service attacks, backdoors, packet or IP spoofing, spoofed routing or e-mail address information, or similar methods, systems or technologies;
  • Not to use the Website to transmit, disclose, distribute, publish or submit any information of any other person or entity, including without limitation photographs of third parties without their consent, personal contact information or credit card, debit card or account numbers;
  • Not to use the Website and its content or services to distribute unsolicited commercial e-mail (spam) or advertising;
  • Not to stalk or harass other users of our Website, content or services, or collect or store personal information about other users;
  • To register only one cobby account and not on behalf of any other person or entity;
  • Only to make booking requests if you use them effectively yourself, except with explicit permission from cobby;
  • Only to contact suppliers when answering questions regarding a booking through the Website;
  • Not to use the Website and its services or Content to locate the provider of a room and then book a room off the Website;
  • Advertise to Members the use of any competing service or site without the prior written consent of cobby;
  • Not to impersonate any person or entity, misrepresent yourself or any affiliation with a person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  • Not to use automated scripts to collect data or otherwise interact with the Website or its content;
  • Not to post, upload, post, publish, transmit or distribute any Content if it: (i) infringes, misappropriates or violates any patent right, copyright, trademark, trade secret, moral rights or other intellectual property or publicity rights or the privacy of any third party; (ii) violates any applicable law or regulation or encourages infringing conduct or gives rise to civil liability; (iii) is fraudulent, incorrect, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or injury to individuals or groups; (vi) is violent, threatening or promotes violence or threat; (vii) promotes illegal or harmful acts or content;
  • Not to use any systematic process to retrieve data or other content from our Website, in turn to create or compile, directly or indirectly, a collection, compilation, database, directory or the like based on single or multiple downloads, whether by manual methods, through the use of bots, crawlers, spiders or otherwise;
  • Not to use, display, mirror or frame the Website or the content or any individual element within the Website or the name, trademark, logo of cobby or other proprietary information or the layout and design of any pages contained on the Website without the express written permission of cobby;
  • Not to access or tamper with any non-public areas of the Website, computer systems and/or technical delivery systems of the Service Provider;
  • Not to attempt to probe, scan or test the vulnerability of any system or network of cobby or to breach security or authentication measures;
  • Not to avoid, circumvent, remove, disable, damage, decrypt or otherwise circumvent technical measures implemented by cobby or any of cobby's suppliers or any third party (including other users) to protect the site or the Content;
  • Not to forge a TCP/IP packet header or any part of the header in any e-mail or newsgroup or otherwise use the Website or Content to transmit any false or misleading information or to use the Website or Content to transmit any false or misleading information or information with a false credit;
  • Attempt to decipher, decompile, disassemble or reverse engineer the software used to provide the Website or the Content;
  • Not to encourage, assist or advocate any person in the performance of any of the foregoing acts.

9. Property

The Website and its content, including all associated intellectual property rights, are the sole and exclusive property of cobby. You may not remove, alter, obscure or attempt to challenge any copyright, trademark, service mark or other proprietary notices contained in the Website or Content.

10. Content Licence

Subject to your compliance with the conditions set forth in these Terms and Conditions, cobby grants you a limited, non-exclusive, non-transferable license to (i) access and view all Content solely for your personal and non-commercial purposes and (ii) access and view all Member Content to which you are granted access solely for your personal and non-commercial purposes. You may not sublicense the rights granted in this section. You may not use, copy, adapt, modify, create derivative works based on, distribute, license, sell, transmit, publicly display, publicly perform, distribute, broadcast or otherwise exploit the Site or the Content except as expressly granted in these Terms. Except for the licenses and rights expressly granted in these Terms and Conditions, no license or right is granted to you, by implication or otherwise, under any intellectual property rights owned or controlled by cobby or its licensors.

11. Member Content

Member Content may be posted, uploaded, published, submitted or distributed at our discretion. By making Member Content available on or through the Website, you grant cobby a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to grant sublicenses, to use, view, copy, adapt, and distribute such Member Content, modify, distribute, license, sell, transmit, publicly display, publicly perform, distribute, stream, broadcast, access and otherwise exploit any of the content of the Website, whether on, through or by means of the Website or in order to advertise or market the Website.

cobby does not claim any copyrights to this Member Content. In addition, none of these Terms and Conditions shall be construed as a limitation of any rights you may have to use and exploit this Member Content. You are solely responsible for all Member Content that you make available on the Website. Accordingly, you represent and warrant that: (i) Either you are the sole and exclusive owner of all Member Content that you make available through the Website, or you have all rights, licenses, authority, consents and releases necessary to grant cobby the rights to such Member Content as provided in these Terms and Conditions; and (ii) neither the Member Content nor your posting, uploading, publishing, submission or distribution of the Member Content or the use of the Member Content (or any part thereof) by cobby, whether on the Website, through or by means of the Website or through our services, infringes, misappropriates or violates any patent, copyright, trademark, trade secret, moral rights or other intellectual property rights or rights of publicity or privacy of any third party or results in the violation of any applicable law or regulation.

12. Links

The Website may contain links to third party Websites or resources. You acknowledge and agree that cobby is not responsible or liable for: (i) the availability or accuracy of such Websites or resources; or (ii) the content, products or services on or available through such Websites or resources. Links to such sites or resources do not constitute an endorsement by cobby of such sites or resources or the content, products, or services available on or through such sites or resources. You are solely responsible for your use of such Websites or resources, or the content, products or services on or available from such Websites or resources, and you assume all risks associated with your use thereof. For mapping services we use OpenLayers and OpenSteetMap for some parts of the cobby platform. The use of these mapping services by you is subject to separate terms of use. Please also read them carefully.

13. Copyright

cobby respects copyright laws and expects the same from its users. It is cobby's policy to delete the cobby accounts of members who repeatedly violate or are suspected of violating the rights of copyright owners under certain circumstances.

14. Data storage and data protection

The data required for the business processing of customer enquiries is collected, stored and processed by cobby. The legal regulations for the processing of personal data of users and providers are observed by cobby. More detailed information can be found in the separate privacy policy, with which you agree.

15. Cancellation and deletion of the cobby account

We may, in our sole discretion and without liability to you, with or without cause, with or without prior notice and at any time, decide to limit, suspend, disable or terminate your cobby account. With respect to the foregoing, the reasons for the limitation, suspension, deactivation or deletion may include that: (i) a Member has created more than one cobby account; (ii) a Member has provided information during the registration process or thereafter that has been proven to be incorrect, fraudulent, not current or complete; (iii) a Member makes too many cancellations; or (iv) a Member attempts to bypass the cobby platform. If we exercise our discretion under these Terms and Conditions, this may mean that, without prior notice or explanation to you of any or all of the following (i) your cobby account will be deactivated or suspended, your password will become invalid and you will no longer be able to access the site, the services, your cobby account, your Member Content or receive assistance from cobby customer service, (ii) we will not accept any offers or reservations from you, and (iii) we may cancel any bookings you have already made. You may delete your cobby account at any time by visiting the Member Area or by sending an email to support@cobby.ch. Please note that we are not obliged to delete or return any content you have posted on the Website after your account has been deleted.

16. Liability

The liability of cobby is completely excluded to the extent permitted by law.

In the case of damage to hotel and restaurant premises, the user is exclusively liable to the Provider. cobby rejects any liability for damages to hotel and restaurant premises.

17. Indemnification

You agree to indemnify, defend, hold cobby harmless from and against any and all claims, liabilities, damages, losses, and expenses arising out of or relating to the following: (i) your Member Content and/or (ii) your failure to comply with the Terms and Conditions of the contract agreed with cobby (including, without limitation, owner claims).

18. Force majeure

In the event that a booking has to be cancelled due to unforeseeable and unavoidable external events (such as earthquakes, strikes, etc.), the Provider can contact cobby via e-mail at support@cobby.ch. Primarily, a postponement date is searched for in consultation with the User. If no postponement date can be found or if there are circumstances that make a postponement due to a time-related event appear pointless, the User will be refunded the full booking amount in exceptional cases. In this case, cobby reserves the right to determine the circumstances when this clause applies. The authorization of cobby in consultation with the Provider and User to postpone the service or to withdraw from the obligation to perform applies without the User or Provider being able to assert claims for compensation.

19. Applicable law and place of jurisdiction

The present agreement is subject to Swiss law. The place of jurisdiction for all disputes is the registered office of cobby.

20. Feedback

We would like to encourage you to send us your feedback, comments and suggestions for improving the Website and our services ("Feedback") via e-mail to support@cobby.ch. All feedback is the sole and exclusive property of cobby. You irrevocably assign to cobby all of your rights, title and interest in the Feedback, including and without limitation all worldwide patents, copyrights, trade secrets, moral rights and other intellectual property rights therein, and agree to the irrevocable assignment of all such rights. At cobby's request and expense, you shall prepare such documentation and take such other actions as may reasonably be required to assist cobby in acquiring, consummating and maintaining its intellectual property rights and other legal protections for the Feedback.

21. Amendments to the General Terms and Conditions

cobby reserves the right to change the terms and conditions at any time. It is the responsibility of cobby to announce the changes in advance and in a suitable manner. Without a written objection within one month after notification the changes are considered approved.

22. Severability Clause

Should individual provisions of this agreement be ineffective or incomplete or should fulfilment become impossible, the effectiveness of the remaining parts of the General Terms and Conditions shall not be affected. In this case, cobby commits itself to immediately replace the invalid provision with a permissible valid provision that comes closest to the original intention in terms of its content. Possible additional agreements must be in written form.

23. Severability Clause

If you have any questions about the General Terms and Conditions of cobby, you can always contact us at support@cobby.ch.

TERMS AND CONDITIONS FOR PROVIDERS

You agree to comply with and be legally bound by the terms and conditions contained in these terms and conditions, whether or not you register and thus become a cobby member. cobby reserves all rights with respect to access to and use of the Website and all content.

1. Terms

  • "Provider": Means a Member who offers hotel and restaurant facilities and services in connection with the same through the Website.
  • "User": Means a Member who books or requests hotel and restaurant facilities and services in connection with the same via the Website.
  • "Contract": Describes the contract between the User and cobby as mediator of the hotel and restaurant facilities and services in connection with the same, as defined in paragraph 4.
  • "Booking amount": Describes the total amount to be paid by the User to cobby (including all additional costs and taxes), which is due for the booking of a hotel and restaurant facilities and services in connection with the same and which is clearly indicated in the booking request.
  • "Member": Refers to both Provider and User, who has completed the registration process with cobby as described under point 3.
  • "Member Area": Describes an area of the Website which contains individual contents and messages for the registered Member.
  • "Member Content": Refers to all content that is posted, uploaded, published, submitted or transmitted via the member area on the Website.
  • "Content": Refers to all text, graphics, images, music, software, acoustic material, video, information or other materials and content as well as member content that is accessible via the cobby Website.

2. Service Description

The cobby Website provides an online platform for booking and requesting hotel and restaurant facilities and services in connection with the same. The service offers and prices of cobby can change at any time and are not binding for cobby. In order to make a booking on the online platform as a user, you must register as a Provider (see clause 3 below). After successful registration, you can make bookings at any time. As a User, you only have to pay the booking amount requested by the Provider without incurring additional fees.

3. Registration Process

In order to add a hotel and restaurant space on the Website, you must first register as a natural or legal person. Natural persons must be over 18 years of age to register. To register, you must first submit an electronic registration form and agree to the Terms and Conditions and Privacy Policy. You complete the registration process by sending a confirmation to the e-mail address you have provided. Afterwards you are automatically a member of cobby and have an individual account on the Website. The data you provide is the basis for your personal profile on the Website. You agree that the data provided for the registration and booking process is true, current and complete and will be updated continuously. It is not permitted to create more than one cobby account for the same natural or legal persons. Access to the profile is protected by a password chosen by you. You are responsible for protecting your password. cobby will not be liable for any claims, liability, damages, losses or costs, including without limitation legal fees and accounting costs of any kind, arising out of or in any way connected with any activity or action taken through your account, whether or not you have authorized such activity or action. If there is any unauthorized use of your cobby account or if such unauthorized use is suspected, you must notify cobby immediately. As a registered member, you may add hotel and restaurant facilities and services related to the same at any time, provided that the same hotel and restaurant facilities and services related to the same may only be uploaded once. When adding a hotel and restaurant space, you will be asked a number of questions, including but not limited to location, size, additional offers, features and availability, as well as associated house rules and other conditions. In addition, persons subject to VAT are required to provide their VAT number (UID). cobby is not liable for incorrect data provided by the provider on the platform, such as price errors for services that can be booked individually on site. cobby also has the option of reducing prices on the platform by reducing the commission.

4. Booking Process

On the basis of the information you provide, users can book your hotel and restaurant rooms as well as services in connection with these rooms via the cobby platform. The daily contingent of available workstations defined in advance by the provider can be completely used up by bookings. Should adjustments to the size of the contingent be necessary, it is the provider's sole responsibility to correct this in the personal member area. You agree that once a cobby user has made a booking of your hotel and restaurant space and services in connection with the same via cobby, cobby will not pay you a higher booking amount than the booking amount indicated in the booking request, less commission. If a booking request is made for your hotel and restaurant premises and services in connection with the same, you must respond to the request within the period indicated in the booking request either by confirming or refusing it, otherwise the booking request will be automatically cancelled after the period has expired. If you accept the booking request, a binding contract is concluded between you and the user. This is immediately confirmed by a confirmation mail sent by cobby with the essential conditions of the booking. Such a confirmation thus represents a business confirmation letter. If this letter of confirmation does not completely reflect what was offered, you must inform us immediately. All booking requests that you accept from users via cobby are therefore directly between you and the users. cobby is in your contract exclusively the registered merchant. cobby concludes a separate contract with the user. A unilateral change of the already confirmed booking is only possible with the agreement of cobby. If the booking request is rejected by you, then no contract is concluded. You confirm and agree that the responsibility for the administration, maintenance and updating of all content posted by you lies with you. Accordingly, you represent and warrant that all Content posted by you and the hotel and restaurant facilities and services related to such Content posted by you through cobby (i) do not violate any agreements you have entered into with third parties, and (ii) (a) do not violate the provisions of any applicable laws, tax requirements and rules and regulations that may apply to any hotel and restaurant facilities and services in connection with any Content posted by you (including any necessary permits, licenses and registrations); and (b) is not contrary to the rights of any third party. cobby reserves the right to remove or disable access to any Content at any time and without prior notice for any reason, including Content that cobby, in its sole discretion, deems inadmissible for any reason or deemed in violation of these Terms and Conditions or the then-current policies of cobby or otherwise harmful to the Website and the Services, and cobby will not be liable for any consequences arising from the failure of any attempt to remove such access. cobby reserves the right at any time and without prior notice to edit the content of a hotel and restaurant space and services related to the same exclusively for the purpose of optimizing online marketing.

5. Payment Conditions

The booking amount to be paid to you by cobby minus the commission includes all operating costs (electricity, internet, coffee, tea, water) as indicated by you during the registration process. You will be credited 80% of the basic price directly to your bank account, following the corresponding booking date (unless otherwise agreed, normally 24 hours after the official day of use, in exceptional cases after 7 days at the latest). As soon as the payment has been initiated by cobby, you will receive an e-mail with the credit voucher and you have 10 days to object to the credit.

6. Cancellation and Refund Policy

When you accept a booking from cobby, you have made a binding contract. You cannot withdraw from such a contract. cobby can cancel a confirmed booking under the terms of the individual contract. In the case of a binding booking, users of hotel and restaurant facilities and services in connection with the same can submit complaints to cobby via e-mail to support@cobby.com within 24 hours after the official day of use. Any reimbursement to Users due to complaints will be decided by cobby on a case-by-case basis.

7. Free Gift

Providers have the opportunity to receive the label "Free Gift" when they make a free gift available. cobby decides at its own discretion which provider receives such a label or from which provider the label will be removed.

8. Additional Conditions

cobby has the right to conclude sub-contracts with users of its choice for the hotel and restaurant rooms and services booked with providers in connection with these sub-contracts. If cobby or the Users have any questions regarding the booking of your hotel and restaurant rooms as well as services in connection with the same, then you must answer during normal business hours. On the date of booking, you must make the hotel and restaurant facilities and services related to them available to the user under the terms of our individual contract, ensure access to the hotel and restaurant facilities, familiarize the user with the specifics of the hotel and restaurant facilities and be available to answer any questions. You must ensure that the hotel and restaurant facilities and services relating to them are in full conformity with the information on the Website (in particular the photographs published on the Website) on the date of booking and that the hotel and restaurant facilities are clean and tidy when they are handed over to the user.

9. Terms of Use

You are solely responsible for complying with all laws, rules, regulations, statutes and tax obligations applicable to your use of the Website and the Content. As a user of the Website, Content and Services, you agree to comply with the following terms and conditions:

  • To comply with the laws of the country in which the hotel and restaurant facility is located;
  • Not to use any manual or automated software, devices, scripts, robots, backdoors or other means or procedures to search or access Internet sites or other services included in the Website or the Content by scraping, crawling or spidering;
  • Use the Website or the Content only for purposes expressly permitted in these Terms;
  • Not to copy, store or otherwise access the information contained in the Website or the Content for any purpose not expressly permitted by these Terms;
  • To protect the rights of any person or entity, including without limitation their intellectual property rights, personal rights, rights of publicity or contractual rights;
  • Not to interfere with or cause damage to the Website, including without limitation through the use of viruses, cancel bots, Trojan horses, malicious code, ping-floods, denail of service attacks, backdoors, packet or IP spoofing, spoofed routing or e-mail address information, or similar methods, systems or technologies;
  • Not to use the Website to transmit, disclose, distribute, publish or submit any information of any other person or entity, including without limitation photographs of third parties without their consent, personal contact information or credit card, debit card or account numbers;
  • Not to use the Website and its content or services to distribute unsolicited commercial e-mail (spam) or advertising;
  • Not to stalk or harass other users of our Website, content or services, or collect or store personal information about other users;
  • To register for only one cobby account and not on behalf of any other person or entity;
  • Not to use the Site and its services or Content to locate the provider of a Room and then book a Room outside of the Site;
  • Advertise the use of any competing service or site by any Member without the prior written consent of cobby;
  • Not to impersonate any person or entity, misrepresent yourself or any affiliation with a person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  • Not to use automated scripts to collect data or otherwise interact with the Website or its content;
  • Not to post, upload, post, publish, transmit or distribute any Content if it: (i) infringes, misappropriates or violates any patent right, copyright, trademark, trade secret, moral rights or other intellectual property or publicity rights or the privacy of any third party; (ii) violates any applicable law or regulation or encourages infringing conduct or gives rise to civil liability; (iii) is fraudulent, incorrect, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or injury to individuals or groups; (vi) is violent, threatening or encourages violence; (vii) promotes illegal or harmful activities or content;
  • Not to use any systematic process to retrieve data or other content from our Website, in turn to create or compile, directly or indirectly, a collection, compilation, database, directory or the like based on single or multiple downloads, whether by manual methods, through the use of bots, crawlers, spiders or otherwise;
  • Not to use, display, mirror or frame the Website or the content or any individual element within the Website or the name, trademark, logo of cobby or other proprietary information or the layout and design of any pages contained on the Website without the express written permission of cobby;
  • Not to access or tamper with any non-public areas of the Website, computer systems and/or technical delivery systems of the Service Provider;
  • Not to attempt to probe vulnerabilities in any system or network of cobby;
  • Technical measures implemented by cobby or any of cobby's suppliers or any third party (including other users) to protect the site or the Content cannot be avoided, circumvented, removed, deactivated, damaged, decrypted or otherwise undermined;
  • Not to forge a TCP/IP packet header or any part of the header in any e-mail or newsgroup or otherwise use the Website or Content to transmit any false or misleading information or to use the Website or Content to transmit any false or misleading information or information with a false credit;
  • Attempt to decipher, decompile, disassemble or reverse engineer the software used to provide the Website or the Content;
  • Not to encourage, assist or advocate any person in the performance of any of the foregoing acts.

10. Property

The Website and its content, including all associated intellectual property rights, are the sole and exclusive property of cobby. You may not remove, alter, obscure or attempt to challenge any copyright, trademark, service mark or other proprietary notices contained in the Website or Content.

11. Content Licence

Subject to your compliance with the conditions set forth in these Terms and Conditions, cobby grants you a limited, non-exclusive, non-transferable license to (i) access and view all Content solely for your personal and non-commercial purposes and (ii) access and view all Member Content to which you are granted access solely for your personal and non-commercial purposes. You may not sublicense the rights granted in this section. You may not use, copy, adapt, modify, create derivative works based on, distribute, license, sell, transmit, publicly display, publicly perform, distribute, broadcast or otherwise exploit the Site or the Content except as expressly granted in these Terms. Except for the licenses and rights expressly granted in these Terms and Conditions, no license or right is granted to you, by implication or otherwise, under any intellectual property rights owned or controlled by cobby or its licensors.

12. Member Content

Member Content may be posted, uploaded, published, submitted or distributed at our discretion. By making Member Content available on or through the Website, you grant cobby a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to grant sublicenses, to use, view, copy, adapt, and distribute such Member Content, modify, distribute, license, sell, transmit, publicly display, publicly perform, distribute, stream, broadcast, access and otherwise exploit any of the content of the Website, whether on, through or by means of the Website or in order to advertise or market the Website. cobby does not claim any copyrights to this member content. In addition, none of these terms and conditions shall be construed as a limitation of any rights you may have to use and exploit this Member Content. You are solely responsible for all member content that you make available on the Website. Accordingly, you represent and warrant that: (i) either you yourself are the sole and exclusive owner of all Member Content that you make available through the Website, or that you have all rights, licenses, authority, consents and releases necessary to grant cobby the rights to such Member Content as provided in these Terms and Conditions and (ii) neither the Member Content nor your posting, uploading, publishing, submission or distribution of the Member Content or the use of the Member Content (or any part thereof) by cobby, whether on the Website, through or by means of the Website or through our services, infringes, misappropriates or violates any patent, copyright, trademark, trade secret, moral rights or other intellectual property rights or rights of publicity or privacy of any third party or results in the violation of any applicable law or regulation.

cobby does not claim any copyrights to this Member Content. In addition, none of these Terms and Conditions shall be construed as a limitation of any rights you may have to use and exploit this Member Content. You are solely responsible for all Member Content that you make available on the Website. Accordingly, you represent and warrant that: (i) Either you are the sole and exclusive owner of all Member Content that you make available through the Website, or you have all rights, licenses, authority, consents and releases necessary to grant cobby the rights to such Member Content as provided in these Terms and Conditions; and (ii) neither the Member Content nor your posting, uploading, publishing, submission or distribution of the Member Content or the use of the Member Content (or any part thereof) by cobby, whether on the Website, through or by means of the Website or through our services, infringes, misappropriates or violates any patent, copyright, trademark, trade secret, moral rights or other intellectual property rights or rights of publicity or privacy of any third party or results in the violation of any applicable law or regulation.

13. Links

The Website may contain links to third party Websites or resources. You acknowledge and agree that cobby is not responsible or liable for: (i) the availability or accuracy of such Websites or resources; or (ii) the content, products or services on or available through such Websites or resources. Links to such sites or resources do not constitute an endorsement by cobby of such sites or resources or the content, products, or services available on or through such sites or resources. You are solely responsible for your use of such Websites or resources, or the content, products or services on or available from such Websites or resources, and you assume all risks associated with your use thereof. For mapping services we use OpenLayers and OpenSteetMap for some parts of the cobby platform. The use of these mapping services by you is subject to separate terms of use. Please also read them carefully.

14. Copyright

cobby respects copyright laws and expects the same from its users. It is cobby's policy to delete the cobby accounts of members who repeatedly violate or are suspected of violating the rights of copyright owners under certain circumstances.

15. Data storage and protection

The data required for the business processing of customer enquiries is collected, stored and processed by cobby. The legal regulations for the processing of personal data of users and providers are observed by cobby. You agree to treat all personal data of users or cobby employees also confidentially and to use it exclusively for the purpose of fulfilling the contract. You agree to delete all data as soon as legal obligations to store data expire. More detailed information can be found in the separate privacy policy, with which you agree.

16. Cancellation and deletion of the cobby account

We may, in our sole discretion and without liability to you, with or without cause, with or without prior notice and at any time, decide to limit, suspend, disable or terminate your cobby account. With respect to the foregoing, the reasons for the limitation, suspension, deactivation or deletion may include that: (a) a member has created more than one cobby account, (b) a member has provided information during the registration process or later that has been proven to be incorrect, fraudulent, not current or complete, (c) a member makes too many rejections of booking requests, (d) a member attempts to bypass the cobby platform. If we exercise our discretion under these Terms and Conditions, this may mean that, without prior notice or explanation of any or all of the following (a) your cobby account will be deactivated or suspended, your password will become invalid and you will no longer be able to access the Website, the services, your cobby account, your Member Content or receive assistance from cobby customer service, (b) we will not accept any offers or reservations from you, and (c) we may cancel any bookings you have already made. You may delete your cobby account at any time by visiting the Member Area or by sending an email to support@cobby.ch. Please note that we are not obliged to delete or return the content you have posted on the Website after your account has been deleted.

17. Liability

The liability of cobby is completely excluded to the extent permitted by law.

In the case of damage to hotel and restaurant premises, the user is exclusively liable to the Provider. cobby rejects any liability for damages to hotel and restaurant premises.

18. Indemnification

You agree to indemnify, defend, hold harmless, and hold harmless cobby from and against any and all claims, liabilities, damages, losses, and expenses arising out of or relating to the following: (i) your Member Content; and/or (ii) any disagreement or alleged disagreement between you and cobby regarding hotel, restaurant and facilities and services provided in connection with the same on the Website and information contained on the Website (including, without limitation, owner's claims); and/or (iii) your failure to comply with the terms and conditions of the contract entered into with cobby (including, without limitation, owner's claims).

19. Force majeure

In the event that a booking has to be cancelled due to unforeseeable and unavoidable external events (such as earthquakes, strikes, etc.), the Provider can contact cobby via e-mail at support@cobby.ch. Primarily, a postponement date is searched for in consultation with the User. If no postponement date can be found or if there are circumstances that make a postponement due to a time-related event appear pointless, the User will be refunded the full booking amount in exceptional cases. In this case, cobby reserves the right to determine the circumstances when this clause applies. The authorization of cobby in consultation with the Provider and User to postpone the service or to withdraw from the obligation to perform applies without the User or Provider being able to assert claims for compensation.

20. Applicable law and place of jurisdiction

The present agreement is subject to Swiss law. The place of jurisdiction for all disputes is the registered office of cobby.

21. Feedback

We would like to encourage you to send us your feedback, comments and suggestions for improving the Website and our services ("Feedback") via e-mail to support@cobby.ch. All feedback is the sole and exclusive property of cobby. You irrevocably assign to cobby all of your rights, title and interest in the Feedback, including and without limitation all worldwide patents, copyrights, trade secrets, moral rights and other intellectual property rights therein, and agree to the irrevocable assignment of all such rights. At cobby's request and expense, you shall prepare such documentation and take such other actions as may reasonably be required to assist cobby in acquiring, consummating and maintaining its intellectual property rights and other legal protections for the Feedback.

22. Amendments to the General Terms and Conditions

cobby reserves the right to change the terms and conditions at any time. It is the responsibility of cobby to announce the changes in advance and in a suitable manner. Without a written objection within one month after notification the changes are considered approved.

23. Severability Clause

Should individual provisions of this agreement be ineffective or incomplete or should fulfilment become impossible, the effectiveness of the remaining parts of the General Terms and Conditions shall not be affected. In this case, cobby commits itself to immediately replace the invalid provision with a permissible valid provision that comes closest to the original intention in terms of its content. Possible additional agreements must be in written form.

24. Contact

If you have any questions about the General Terms and Conditions of cobby, you can always contact us at support@cobby.ch.