Terms of use for real estate valuation

Applicability

These terms of use for real estate valuation (hereinafter “terms of use”) of Scout24 Schweiz AG, Industriestrasse 44, 3175 Flamatt (hereinafter “Scout24”) govern the use of the real estate valuation service that Scout 24 provides in cooperation with IAZI Ltd (hereinafter referred to as «IAZI») via the ImmoScout24 platform and the apps provided for this purpose. Persons who use one of these services are referred to hereinafter as “users”.
The General Terms and Conditions of Scout24 Schweiz AG apply in addition to these terms of use, although these terms of use take precedence over the General Terms and Conditions of Scout24 Schweiz AG. The General Terms and Conditions of Scout24 Schweiz AG can be viewed at any time on the website of the ImmoScout24 platform.

Real estate valuation service

Scout24 provides various services based on the hedonic method of valuation to determine the value of real estate. All services are based on the user’s self-declaration; neither Scout24 nor IAZI verifies the data provided. The user receives a real estate valuation based on the data they enter. Detailed knowledge of the principles and methods is required to interpret the results. 

Prices and terms of payment

Unless expressly agreed otherwise, the relevant valid price list applies when calculating prices. Scout24 reserves the right to adjust prices to market and/or price developments at any time. Prices are specified as net prices in Swiss francs including Swiss VAT, unless expressly agreed otherwise. If no prices are specified, parts of models and of the valuation can be used free of charge.
Depending on the Scout24 product or service, users may need to pay by card. Such a payment can be processed via the payment options offered by Scout24. Alternatively, different payment deadlines may apply according to a separate agreement or different details on the invoice. If the user does not pay by the deadline, they will automatically fall into arrears. In addition, Scout24 can refuse to fulfil the service and may dissolve the agreement immediately and without compensation. If payments are not made on time during the course of a contractual relationship, Scout24 also has the right to restrict access to the user’s account. When all unpaid invoices are paid in full, the user will be able to access their account again. Statutory interest on arrears is due after a payment deadline has passed. Additionally, a fee of CHF 50.00 will be due for each reminder. In addition to that, the user will bear the losses that Scout24 has incurred as a result of the late payment and/or dissolving the agreement.

User obligations

The user agrees to use the real estate valuation service in accordance with the law and the contract. The user assures in particular that:

  • the information transmitted to Scout24 is complete and true, and not misleading or dishonest;
  • the information was obtained by legal means;
  • the information is for personal use and will not be disseminated via their own channels, such as a personal website;
  • they have the right to use the photos provided, and the images do not violate personality rights;
  • the user has independently verified the correctness and completeness of the information they have entered.

Liability and warranty

The calculations underlying the real estate valuation depend upon many factors (such as luxury fittings, building rights, building land reserve, etc.). The calculated figures are estimates. Scout24 assumes no liability for their accuracy. The user recognises that the calculated figures do not represent an offer, either for the purchase of a property, or for the sale of a property, or for taking out a mortgage with a financial institution. A financial institution will always verify a property valuation. Users who desire a more binding valuation are strongly advised to engage an expert.
Scout24 assumes no liability for the accuracy and completeness of information and details that are available via the service. Scout24 denies all liability for any direct or indirect losses that might arise from using the app and the information provided.
Scout24 reserves the right to restrict use of the service and prevent users from accessing the service if the service is used for a purpose other than its designated purpose.

Protection of data

In order to render its services, Scout24 can forward all data received from users to its partners and other third parties, including but not limited to IAZI and the payment provider Datatrans.
In addition, the Privacy Policy of Scout24 Schweiz AG applies to the processing of data (especially personal data).

Assignment

The user may not assign the contractual relationship with Scout24 to a legal successor without written consent from Scout24, nor may receivables arising from the contractual relationship with Scout24 be assigned to third parties without written consent from Scout24.

Confirmation of and changes to these terms of use

The user confirms these terms of use when they register and order the service. The current version can be found when performing a real estate evaluation, in the account settings, and on the website of ImmoScout24.
Scout24 reserves the right to change these terms of use at any time. The latest version appears at an appropriate place in the service offer for the real estate valuation.

General provisions

If a provision or agreement turns out to be invalid or unenforceable, it will only fail to apply to the extent that it is invalid or unenforceable and, furthermore, shall be replaced by a provision that most closely reflects the business purpose of the invalid or unenforceable provision. Any gaps in the corresponding agreement shall be filled by rules that most closely correspond to what the parties would have agreed in terms of spirit and purpose if they had thought of the point in question when they entered into that agreement.

Applicable law and place of jurisdiction

These terms of use are exclusively subject to Swiss law, under exclusion of international conflict rules (IPLA). The sole place of performance and jurisdiction is the place of business of Scout24. Scout24 is also entitled to take legal action against the user at their place of business or residence.

Online version, dated: 05 February 2019 - Scout24 Schweiz AG