- 1. Acceptance of Terms
- 2. Our role
- 3. Booking
- 4. Payment
- 5. Changes and cancellations by Tenants
- 6. Cancellations by Landlords
- 7. Cancellations by Pop Up Shops
- 8. Complaints and Our Responsibility and Liability to You
- 9. Mimimum Quality Standards and Tenants Refund Policy
- 10. Behaviour of Tenants
- 11. Invalidity
- 12. Assignment
- 13. Applicable Law and Jurisdiction
- 14. Questions
1. Acceptance of Terms
1.1 By accessing our Site and/or using our Service as a potential Tenant or Landlord, You agree to be bound by these Terms, which You acknowledge to have read and understood.
1.2 We reserve the right, at our sole discretion, to change these Terms at any time. You must review these Terms on a regular basis to keep yourself informed of any changes.
1.3 By using this Site, You agree that the posting of new or revised Terms on the Site shall constitute adequate and constructive notice to You of any and all revisions and changes. Continued use of the Service after any such changes or after explicitly accepting the new Terms upon logging into the Site shall constitute Your consent to such changes.
2. Our role
2.1 The Site is merely a platform that enables Landlords to create listings of their properties available for rental transactions and for Users to find out about such listed properties and for Tenants and Landlords to connect and conclude rental transactions, and consequently Pop Up Shops is not itself a party to any rental transaction and disclaims all liability arising from or related to any such transactions to the fullest extent permitted by law.
3.1 Tenants are offered to make a booking through the Site by following the processes for making a booking request set out on the Site and clicking on the appropriate confirmation button or booking link (via Your Account or email). It is important that Tenants check the information entered and correct any errors before making a booking request since once You click on such button or link, input errors cannot be corrected. If at any time prior to clicking on the appropriate confirmation button or link, You (the Tenant) decide that You do not wish to proceed with Your booking request, You should close the application window.
3.2 Once Your booking request has been made, We will then notify the concerned Landlord by email and in their Account to accept or reject the booking request. Landlords are required to either confirm or reject Your booking request within 7 days of that request, after which the booking request shall automatically expire. If the booking request is subsequently accepted by the Landlord through our Site, You will receive an automated email confirming the Landlord’s booking confirmation and the Landlord’s relevant contact details, and Your relevant contact details will also be forwarded to the Landlord. The payment process described under Section 4 below will also apply upon receipt of a booking confirmation.
3.3 Once such contact details have been provided, all communication for example, concerning details and information about the booking and rental transaction, including, without limitation, arrival times and handling of keys, should be direct between You and the Landlord through our Site as facilitated by our Service where required/applicable.
3.4 You will be able to access details of Your booking confirmation through Your Account. The Site is offered in English and German and the language of the Site may be changed by a Tenant when using the Site to make a booking request.
3.5 Upon receipt of a booking confirmation, Tenants enter into a direct contract with the concerned Landlord. Landlords are not obliged to make any property available until a booking confirmation has been sent by the Landlord via the Site to Tenants and a Tenant is not guaranteed a booking with a Landlord until payment has been made by the Tenant subject to these Terms. However, upon issuing a booking confirmation, Landlords shall be responsible for providing the space referred to in the booking confirmation.
3.6 If a Tenant requests a booking, they will be responsible and liable to pay the relevant Landlord in full the rental rate due for such booking if accepted by the Landlord subject, in each case, to these Terms and any other terms and conditions specific to the booking as agreed between a Tenant and their Landlord. In order to secure collection of such payment, Tenants will be asked during the booking process to provide payment card information and billing address. Pop Up Shops will also obtain a pre-authorisation on Your payment card for the total amount of Your booking request to ensure that You have the necessary amount of funds available to cover the transaction. If Your booking request is accepted by the Landlord for the dates set out in Your request, the payment process described under Section 4 will apply. If a booking request is refused, expires or is cancelled, any pre-authorisation of Your payment card will be released or as applicable, shall expire after a period of up to 30 days unless you contact us to request an earlier release.
3.7 As a Tenant, if You cancel Your booking, the provisions and refund levels of Section 5 below will apply. Please note that no refunds will be provided after the last deadline set out in the cancellation policy selected by the concerned Landlord. Furthermore, our Fees (as defined below) are non-refundable.
3.8 Any monies collected and received by Pop Up Shops from Tenants for bookings made on the Site shall be held by Pop Up Shops subject to a conditional obligation to transfer or account for such monies to Landlords less our Fees.
4.1 Should You decide to book a space with a Landlord and the rental transaction is concluded with such Landlord via the Site, You, as a Tenant, acknowledge and agree that You shall be required to pay an amount equal to the fees displayed in the Landlord’s listing on our Site and confirmed in each booking confirmation as agreed with a Landlord. The fees displayed in a Landlord’s listing have three components: (1) the rental rate and any additional charges (included at the Landlord’s discretion) as solely determined and set by the Landlord (and not Pop Up Shops) in respect of the rental transaction, plus any applicable taxes and VAT, (“Landlord Fee”) –please see Section 4.8 below for information on any additional charges (for example, cleaning fees) that a Landlord may have decided to charge and collect separately from the Landlord Fee; (2) a service fee, chargeable and disclosed to Landlords by Pop Up Shops based upon a percentage (typically between 10% and 20%) of the Landlord Fee, in consideration of supplying our Service to Landlords to the extent that such supplies enable such Landlords to connect and conclude transactions with Tenants and which shall be added by way of a mark up on top of the Landlord Fee ("Service Fee"); and (3) an administrative fee of 5% of the Landlord Fee and Service fee, which fee shall be chargeable to a Tenant and shall also be added to the Landlord Fee as payment to Pop Up Shops for processing Tenants’ payment for bookings and various internal procedures linked to handling Tenants’ forms of payment ("Administrative Fee"; the items at (2) and (3) collectively being Pop Up Shops’ “Fees”). Our Fees are non-refundable and exclusive of any applicable Taxes and VAT which may be charged in addition thereon, and shall be added to the Landlord Fee to calculate the total amount payable by the Tenant for the lease.
4.2 Pop Up Shops shall collect a payment from You equal to the Landlord Fee and our Fees through the Site immediately when the Landlord accepts Your booking and a booking confirmation is sent to You by the Landlord which, as a Tenant, You agree to pay for any booking You have requested that is so accepted by the Landlord. As noted above, Landlords are required to either accept or reject Your booking within 7 days of Your booking request.
4.3 Landlords set the currency in which they require payment. For Tenants’ convenience, the Site can display prices in a choice of currencies. Such converted prices are for information only and Tenants payment cards will be debited in the currency set by the relevant Landlord and Pop Up Shops disclaims all or any liability in respect of any additional charges that may be charged to a Tenant by his or her bank related to Our collection of the payment in the currency set by the relevant Landlord.
4.5 As a Tenant, You hereby authorise and agree that Pop Up Shops shall debit (whether directly or indirectly via a third party payment processor, subject to that third party’s terms and conditions) Your payment card of the amount of the Landlord Fee plus our Fees upon confirmation of Your booking by the Landlord. You also agree to pay any other charges agreed with the Landlord before the booking confirmation that weren’t included in the payment when You arrive at the property or as otherwise agreed with the Landlord. You will receive a further notification email for receipt of the payment.
4.6 The payment shall be taken by a debit of the Landlord Fee plus our Fees from one of the acceptable payment methods listed on the Site, which may include debit and credit card (Eurocard/MasterCard, Visa, American Express or Diners Card) and such payment shall be taken in the currency set by the Landlord. Payments by cash or cheque are not accepted, and accordingly Pop Up Shops cannot be held liable for any loss of cash or cheques. You will also be asked to provide customary billing information such as name, billing address and payment information. As a Tenant, You agree to pay all fees and charges contained in the Landlord’s booking confirmation as accessed through Your Account, irrespective of whether the Service was accessed by You or by a third party using Your Account. It is Your responsibility to take all measures that are necessary to ensure that Your password remains secret and to prevent the use or misuse of such password by any unauthorised person. You shall notify Pop Up Shops promptly if You discover or suspect that Your password has become accessible to or has been misused by any unauthorised third party, so that We can block Your account.
4.7 In some circumstances, and in addition to the billing and payment information You provide under paragraph 4.6 above, We or the Landlord may require You to produce some proof of Your identity. This can be requested at the time of booking, during payment processing or at any other time thereafter (including after You have started Your lease). We reserve the right to cancel Your booking if You do not provide such proof of identity when requested.
5. Changes and cancellations by Tenants
5.1 If Tenants want to change their booking, such Tenants will need to contact and communicate with their Landlord directly on such changes. Tenants should note however that as they have previously agreed and accepted terms with the Landlord in respect of the booking, the Landlord is entitled to, and may therefore, charge Tenants additional charges for such changes.
5.2 Tenants can cancel their booking at any time subject to and in accordance with the cancellation policy selected by the concerned Landlord and payments due under such policy in the event of a cancellation will be deducted from any refund to Tenants and remitted by us to Landlords (We will retain our Fees, which are non-refundable).
5.3 Cancellation policies protect both Landlords and Tenants in the event of cancellations. There are currently four cancellation policies that a Landlord can choose from (see below) and the Land-lord’s selected policy will be displayed in the booking summary page and the booking confirmation email. Tenants are advised to carefully read these Terms, the booking summary page and the booking confirmation, particularly in relation to the cancellation policy selected by the Landlord:
Flexible “1 Week”:
- Bookings cancelled up to 1 week (7 days) before the start of the lease will receive a 100% refund (after our Fees have been deducted)
- Bookings cancelled up to 1 day before the start of the lease will receive a 50% refund (after our Fees have been deducted)
- Cancellations must be made by 12 midday CET (Central European Time) on the appropriate day.
Moderate “2 Weeks”:
- Bookings cancelled up to 2 weeks (14 days) before the start of the lease will receive a 50% refund (after our Fees have been deducted)
- Cancellations must be made by 12 midday CET (Central European Time) on the appropriate day.
Strict “1 Month”:
- Bookings cancelled up to 1 month (30 days) before the start of the lease will receive a 50% refund (after our Fees have been deducted)
- Cancellations must be made by 12 midday CET (Central European Time) on the appropriate day.
6. Cancellations by Landlords
6.1 Landlords should not cancel bookings as Landlords enter into a binding contract with Tenants to supply the requested space when they confirm a booking. If a Landlord has no choice but to cancel, they must contact Pop Up Shops as soon as possible and the Landlord Cancellation Policy will apply. Landlords should ensure they are familiar with the Landlord Cancellation Policy as it will apply to all and any cancellation initiated by the Landlord and carries consequences for the Landlord and their listings and accounts.
6.2 We will assist the Tenant by attempting to find suitable alternative space including, for example, by putting the Tenant in contact with another Landlord and/or by providing details of alternative listings, but in each and every case, We make no undertaking and shall not be under any obligation in such respect. As a Tenant, You acknowledge and agree that your payment (or applicable part thereof) shall be applied in relation to any confirmed alternative booking request/space, in accordance with these Terms. In the event no such alternative space is or can be located and/or You do not accept the suitable alternative listed property offered by the Landlord or by a new Landlord, Your payment will be refunded to You but no further payments or refunds will be made.
7. Cancellations by Pop Up Shops
8. Complaints and Our Responsibility and Liability to You
For Users based in Germany and Austria the following limitation of liability set out in Section 8(i) shall apply:
(i) For slightly negligent breach of material contractual obligations – or “cardinal obligations” – Pop Up Shops’ liability shall be limited in the amount to the damage typically foreseeable at the time of the conclusion of the contract. Material contractual obligations (or “cardinal obligations”) are those obligations which put the User into exactly this legal position to which he shall be entitled pursuant to contents and purpose of the contractual terms as well as such obligations, whose performance only will make possible proper performance of the contract and on whose full compliance the User regularly relies and is entitled to rely.
Pop Up Shops accepts no liability for the slightly negligent breach of obligations other than those listed above.
Otherwise the User’s statutory claims for damages remain unaffected unless they are limited by a contractual provision individually agreed by the parties.
The aforesaid limitation of liability shall not apply in cases of mandatory statutory liability (in particular under the terms of the Product Liability Act (Produkthaftungsgesetz)), malicious concealment of a defect, on assumption of a guarantee or culpable personal injury by Pop Up Shops.
The User undertakes to take appropriate steps to prevent and mitigate damage.
For Users based in countries other than Germany and Austria the following limitation of liability set out in Section 8(ii) shall apply:
(ii) Our Liability to Tenants
If You have a problem during your lease, please inform the Landlord immediately. Since Your booking is a contract direct between You and the Landlord, the Landlord will have sole discretion in deciding how to deal with Your complaint. As a Tenant, You will also be asked and entitled to leave a review about the listed property on our Site. You will however be solely responsible to resolve any dispute arising out of or related to the lease directly with the Landlord. Any refunds beyond the cancellation policies set out in Section 5 above will be at the Landlord’s discretion. We only accept responsibility for any injury, illness or death, if caused by our own negligence and liability in respect of statutory rights that You may have against Us as a consumer that cannot be excluded or limited by law. Any claims arising out of Your lease of a Landlord’s property must be brought against the Landlord. To the fullest extent permitted by law, We exclude all representations and warranties relating to the rental property that is the subject of Your booking with a Landlord.
Our Liability to Landlords
We only accept responsibility for any injury, illness or death, if caused by our own negligence and liability in respect of statutory rights that You may have against Us and that cannot be excluded or limited by law. Any claims arising out of the Tenant staying in Your property must be made against the Tenant.
Exclusions and limitations
We cannot accept responsibility for any damage, loss, delay, or inconvenience caused by circumstances beyond our reasonable control. Such circumstances include but are not limited to war, threat of war, riots, civil strife, or terrorist activity, industrial disputes, natural or nuclear disasters, fire, airport closures, bad weather conditions, interruption or failure of a utility service or the acts of any local or national government. We reserve the right to cancel any booking affected by such circumstances.
Our aggregate liability to Tenants and Landlords under or in relation to these Terms and/or any bookings made through the Site is limited to a maximum of three times the value of the booking in question. This limit does not apply to cases involving death or personal injury caused by our negligence.
To the extent permitted by law, We hereby exclude: (i) all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity; and (ii) any liability for any direct, indirect or consequential loss or damage incurred by any Landlord or Tenant in connection with any booking including loss of income or revenue; loss of business; loss of profits or contracts; loss of anticipated savings; loss of data; and loss of goodwill, whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation, nor any other liability that cannot be excluded or limited under applicable law.
9. Mimimum Quality Standards and Tenants Refund Policy
Die Pop Up Shops Rückerstattungspolitik für Mieter ist Teil der Buchungsbedingungen und sollte mit voller Aufmerksamkeit gelesen werden.
10. Behaviour of Tenants
10.1 As a Tenant, You accept responsibility for your proper conduct during Your lease of the Landlord’s listed property. We shall be under no obligation whatsoever to pay compensation or meet any costs or expenses (including but not limited to alternative accommodation) that You may incur as a result of Your lease being terminated early by the Landlord because of Your behaviour or the behaviour of members of Your party.
10.2 If You cause damage to a Landlord’s property in which You are staying, You must fully reimburse the Landlord concerned for the cost of the damage. You must also indemnify Us for the full amount of any claim made against Us by the Landlord or any third party as a result.
If any provision or part of a provision, of these Terms is found by any court or authority of competent jurisdiction to be unlawful, otherwise invalid or unenforceable, such provision or part-provision will be struck out of these Terms and the remainder of these Terms will apply as if the offending provision or part-provision had never been agreed.
You may not transfer any of Your rights or obligations under these Terms without our prior written consent. We may transfer any of our rights or obligations under these Terms without Your prior written consent.
13. Applicable Law and Jurisdiction
13.1 These Terms and all matters arising out of or relating to these Terms (including non-contractual disputes or claims and their interpretation) shall be governed by the laws of Switzerland to the extent that such law is not overridden by applicable mandatory law applying to You.
13.2 Any claim or dispute arising out of or relating to these Terms shall (including non-contractual disputes or claims and their interpretation) shall be subject to the non-exclusive jurisdiction of the courts of the city of Zurich.
If you have any questions about these Terms, please contact Pop Up Shops.
Last update: 31 August 2014