General Terms and Conditions for Hosts

1. Scope and contracting parties

These Terms apply from their express acceptance in the course of your registration or a subsequent amendment to the contract. Deviating conditions apply only if Clavanza has expressly agreed to them in text form.

These Terms are addressed to you if you, as a natural or legal person, offer accommodation, irrespective of whether you do so on a self-employed, commercial, private or merely occasional basis. You confirm that you are entitled to conclude this contract and to let the accommodation you list. Where you act as a consumer, mandatory statutory protective provisions remain reserved.

2. Definitions and contractual structure

“Platform” means the technical infrastructure provided by Clavanza, including the public website, the individual accommodation pages, the admin area, the booking functions, the payment integration and the associated communication functions.

“Guest” means a person who makes an enquiry or a booking via Clavanza.

“Accommodation contract” means the contract for the temporary provision of your accommodation and the associated services; it is concluded exclusively between you and your guest.

“Booking” means an accommodation contract concluded via the platform. A mere enquiry does not yet constitute a booking.

“Content” means in particular texts, images, details of amenities, prices, availability, house rules and cancellation terms.

3. Subject matter and scope of the platform services

Clavanza provides you with a technical solution with which you can present accommodation, manage availability and prices, receive enquiries and bookings, communicate with guests and process payments via Stripe. Depending on the agreed scope of services, you receive an accommodation website under a subdomain or your own domain as well as access to an admin area.

Clavanza owes the provision of the agreed technical functions, but not any particular economic success, any particular number of enquiries or bookings, any particular occupancy or any particular ranking in search results. Clavanza may develop the platform technically and adapt or replace functions, provided that the essential purpose of the contract is not impaired as a result. You will be notified in advance of any material restrictions.

4. Role of Clavanza and contractual relationship with guests

Clavanza is the provider of the technical platform. The accommodation contract is concluded exclusively between you and your guest. Clavanza does not become a party to the contract and acts neither in its own name nor as owner, lessor, property manager or tour operator.

In particular, you determine accommodation prices, availability, cancellation terms, house rules and other conditions of the stay. Towards your guest, you are responsible for providing the accommodation in accordance with the contract, for the accuracy of your offer, for compliance with statutory obligations and for handling performance failures, complaints and claims for price reduction, damages and refunds.

Clavanza provides the technical booking and payment infrastructure. Where Clavanza technically transmits declarations or payments, it does so for your account, and this does not give rise to any obligation of its own under the accommodation contract.

The actual market presence remains decisive. You may not present Clavanza to guests as the owner, lessor or provider of the accommodation service.

5. Registration and host account

When registering, you provide complete and accurate information and keep it up to date for the duration of the contract. You update any changes to your identity, legal form, address, contact details, powers of representation, tax liability or payment details without delay. You treat access credentials as confidential. You may grant third parties access only to the extent that this is operationally necessary and you ensure that they comply with these Terms and the statutory requirements.

You are responsible for actions carried out via your account to the extent that you initiated or enabled them or facilitated them through a breach of reasonable duties of care. You report any suspected unauthorised access to Clavanza without delay. Clavanza may make your registration conditional on an identity, eligibility or plausibility check and request appropriate evidence.

6. Your obligations

In particular, you warrant that:

• •you are entitled to let and to publish your accommodation;
• •all required permits, registrations and consents are in place;
• •your published information is complete, accurate, up to date and not misleading;
• •you show prices, mandatory surcharges, taxes, visitor's taxes and other costs transparently;
• •you keep availability continuously up to date and avoid double bookings;
• •your accommodation corresponds to the published information and the statutory safety requirements;
• •you adapt the legal texts and mandatory information intended for guests so that they are complete, up to date and tailored to you and your specific accommodation;
• •you respect the rights of third parties, in particular copyright, trade mark, personality and data protection rights;
• •you handle enquiries, bookings, cancellations and complaints within a reasonable time;
• •you duly fulfil your obligations relating to taxes, charges, visitor's taxes and other obligations under public law;
• •you maintain your own Stripe account and keep all information provided to Stripe truthful and up to date.

Template texts provided by Clavanza are a working aid. You remain responsible for completing them, adapting them to your offer and publishing them correctly.

7. Content and rights of use

The rights to your content remain with you or the respective rights holder. For the duration of the contract, you grant Clavanza a non-exclusive, territorially unrestricted and royalty-free right to store, technically process, reproduce, make publicly available and display the content and to convert it into the required formats. This includes display in the accommodation catalogue, in search results, in booking confirmations and in means of communication directly relating to the accommodation.

You warrant that you hold all necessary rights and consents. You do not post any content that is unlawful, misleading, discriminatory, offensive or infringes the rights of third parties. Clavanza may immediately block or remove manifestly unlawful content; in other cases, you will in principle be given the opportunity to comment and make corrections.

8. Bookings and prohibition of circumvention

You handle enquiries and bookings initiated via your listing published on Clavanza through the platform. You do not ask guests to conclude or pay for such a booking outside the platform in order to circumvent the commission. Contact details required by law and the direct communication necessary for the stay remain permitted.

If a rental is concluded outside the platform with a guest who became aware of you or your accommodation via Clavanza, the agreed commission remains payable. Clavanza may request appropriate evidence. A commission is only charged if the required connection between the platform contact and the booking can be demonstrated in a comprehensible manner.

9. Prices, commission and taxes

For each booking processed via the platform, you owe the commission shown in the admin area at the time the respective booking is concluded. It is, in principle, deducted directly from the payment processed via Stripe. If this is not technically possible, Clavanza may set it off against payout claims that are due or invoice it separately.

If a time-limited preferential rate applies to one of your properties, such as an early-bird rate, it is shown in the admin area together with its end date. The conclusion of the booking is decisive: the preferential rate applies to bookings concluded up to and including the end date, and the standard commission then shown applies to later bookings. This change is not an amendment of these terms.

The transaction fees incurred for a regular payment or refund via Stripe, including card fees and, where applicable, TWINT fees as well as transaction fees not refunded by Stripe in the case of a regular refund, are borne by Clavanza. For you, subject to the expressly regulated costs for payment disputes, negative balances and additional proven processing effort, the charge remains the commission shown in the admin area. No additional deduction of ordinary payment processing fees is made from your payout.

The commission is subject to the addition of value added tax owed by law. As long as ai-zone.ch - Sutter is not liable for VAT, no VAT is charged. If VAT liability arises, the VAT owed by law will be charged on commissions for services provided from that point in time. You will be informed in advance of the point in time and the change. The commission rate at the time the respective booking is concluded is decisive; changes apply only to future bookings.

10. Payment processing and payouts

Payment processing is carried out via Stripe or the specific Stripe Connect configuration used. You are merchant of record and payee to the extent that this corresponds to the actual technical and contractual configuration. Payment data is processed directly by Stripe; Clavanza has no access to complete card or bank account details.

You acknowledge that Stripe may provide for its own terms of use, verification obligations, security measures, holds and payout periods. Clavanza is not liable for decisions made by Stripe to the extent that these were not caused by a culpable breach of duty on the part of Clavanza itself.

The accommodation share less commission may be paid out as soon as no further refund is owed under your cancellation terms. Amounts that are refundable until arrival may be retained until the day of arrival. This technical deferral does not give Clavanza any claim to your assets; you have no claim to an earlier payout.

If arrival is more than 80 days away at the time of payment, only a deposit in the amount you set is collected at booking and the balance 80 days before arrival. Because Stripe holds balances only for a limited time, each payment is paid out no later than 85 days after it was received, even if it is still refundable at that point. If a refund becomes due afterwards, it is charged to your Stripe balance; if that is not sufficient, Stripe may debit the shortfall from your bank account.

11. Cancellations and refunds

Cancellations are governed by the conditions that were displayed and confirmed for the specific booking when the contract was concluded. Refunds are, in principle, made via the means of payment originally used. You ensure that sufficient funds are available via your Stripe account.

If you cancel a confirmed booking, the amount owed must be refunded to your guest in full. The commission remains payable to the extent that you are responsible for the cancellation. Statutory or contractual claims of your guest remain reserved.

12. Payment disputes and chargebacks

You cooperate without delay in the handling of payment disputes and provide the required evidence in good time, in particular the booking confirmation, communication, cancellation terms and proof of performance. You bear Stripe fees for payment disputes only to the extent that Stripe actually charges them on account of your booking and the charge was not caused by Clavanza. Clavanza will provide you with appropriate evidence from Stripe on request.

A chargeable automatic response by Stripe is only triggered if you have chosen this option in the individual case or have expressly agreed to a clearly designated default option when setting up your account. Clavanza charges its own flat processing fees only if additional, proven and reasonable effort has been incurred and you were informed of this in advance or without delay after the effort was incurred.

13. Negative balances, claims for compensation and set-off

If Clavanza has to pay definitively an amount evidenced by Stripe on account of your booking, you reimburse this amount to the extent that the charge was not caused by Clavanza. Clavanza informs you of the reason and amount and provides you with the available evidence on request.

You will be notified of any set-off by e-mail at least ten days in advance. Only counterclaims that are due are set off, and only against payout claims that are due. The statutory default interest of 5% per annum is owed only from the time default occurs. A flat processing fee is charged only for specific, proven and reasonable additional effort.

14. Use of artificial intelligence

Clavanza may use language and image models for translation suggestions, image descriptions, notes on the quality or compliance of listings and for the analysis of its own technical operating logs. Suggestions relating to your content are generated only at your instigation and are published only once you approve or save them. You remain responsible for their factual and legal accuracy.

Automated checks generate notes only and do not lead to blocking, removal, a contractual measure, or a pricing or payment decision without human review. Guest, payment, account, contact, contract or confidential data may not be transmitted in inputs to model providers. For the processing of content, Clavanza exclusively uses a business API or enterprise account whose contractual terms exclude the use of the transmitted content for training general models. Pseudonymised operating logs are transmitted only if the data flow, guarantees, deletion periods and transfer abroad are documented. A material extension of the data, purposes or recipients requires your express consent.

15. Data protection and processing on behalf

You and Clavanza comply with the applicable data protection provisions. Clavanza processes data relating to host accounts, platform commissions, security measures, prevention of misuse, support and its own operating logs as a controller in its own right. Where Clavanza processes guest data for enquiries, bookings, communication, payment integration or the stay in accordance with your instructions, Clavanza acts as a processor.

Clavanza processes such data exclusively for the agreed purposes and in accordance with your documented instructions, maintains confidentiality, takes appropriate technical and organisational security measures, notifies you of data security breaches without delay and assists you with access requests, rectification, deletion, release of data and the fulfilment of other statutory obligations.

Clavanza may engage sub-processors provided that they are bound by appropriate data protection obligations. The current list of sub-processors is made available to you before the contract is concluded; you will be notified of changes in advance. You approve the notified sub-processors unless you object within 30 days on legitimate data protection grounds.

After the end of the contract, the data processed on your behalf is returned or deleted, at your option, unless statutory retention obligations or overriding interests in the enforcement of rights prevent this. Clavanza provides you with the information necessary to verify compliance.

16. Availability, maintenance and force majeure

Clavanza endeavours to achieve the highest possible availability but does not owe uninterrupted or error-free use. Temporary restrictions may arise in particular from maintenance work, security measures, technical faults, outages of telecommunications or payment services and events of force majeure. Plannable maintenance work is, where possible, carried out in such a way that your use is impaired as little as possible.

17. Warranty and liability

Clavanza is not liable for the performance of your accommodation contract, the condition or availability of your accommodation, the accuracy of your content or the conduct of your guests.

Clavanza is liable for its own breaches of contract in accordance with the statutory provisions. To the extent permitted by law, liability for slight negligence and for indirect damage, consequential damage, loss of profit, loss of data and third-party claims is excluded. Liability for unlawful intent, gross negligence, personal injury and mandatory grounds of liability remains reserved. For independent third parties, Clavanza is liable only in the event of its own culpable breach of duty.

18. Indemnification

You indemnify Clavanza against justified claims of third parties based on your unlawful or contractually prohibited use of the platform, inaccurate or infringing content, a breach of the accommodation contract or disregard of your statutory obligations. The indemnification includes reasonable legal defence costs. Clavanza informs you without delay and gives you the opportunity to participate. There is no indemnification to the extent that Clavanza itself caused or contributed to the claim.

19. Changes to the services and conditions

Clavanza may make non-material changes to these Terms or to the platform services with at least 30 days' advance notice by e-mail.

Material changes, in particular regarding commissions, liability, payout logic, set-off, data processing or the use of AI, require your express consent. Bookings already confirmed are treated in accordance with the version applicable at the time they were concluded.

If you do not give the required consent, either party may terminate the contract with ordinary notice while safeguarding the interests of guests who have already booked.

20. Term, termination and suspension

The contract runs for an indefinite period. Either party may terminate it with effect from the end of a month. Bookings already confirmed remain, in principle, unaffected and must be duly performed and settled.

Clavanza may temporarily suspend your listing or account if there are concrete indications of unlawful content, security risks, misuse, significant payment problems or serious breaches of contract. You will be heard in advance unless immediate action is required to protect guests, third parties or the platform.

Termination without notice remains reserved in the event of serious breaches of contract.

Before the end of the contract, you can export your content and the data to which you are entitled in an available common format.

21. Notices

Contract-related notices may be sent to the e-mail address stored in your account. You keep it up to date and check it regularly. Notices are deemed to have been received as soon as they can be retrieved in the ordinary course of business, unless a different receipt is proven.

22. Final provisions

Rights and obligations under this contract may only be transferred with the prior consent of the other party. Clavanza may transfer the contract to a legal successor as part of a transfer of the platform operation, provided that this does not result in any material disadvantage for you.

Should any provision be or become invalid in whole or in part, the remaining provisions remain unaffected. The invalid provision is replaced by a permissible provision that comes as close as possible to its economic purpose. If a party fails to enforce a right, this does not constitute a waiver.

23. Applicable law and place of jurisdiction

Swiss law applies, excluding its conflict of laws rules. The exclusive place of jurisdiction is Bern, unless a mandatory statutory place of jurisdiction applies. If you act as a consumer, mandatory places of jurisdiction and mandatory law at your domicile or habitual residence remain reserved.