Terms and Conditions

These Terms apply to the use of the online platform operated by FORMULARENT at formularent.ch as well as to all related services, features, interfaces and content (collectively, the “Platform”).

By registering as a provider, submitting an inquiry as a customer or otherwise using the Platform, the user fully and unconditionally accepts these Terms.

Deviating or supplementary terms of individual providers or customers shall only apply if FORMULARENT expressly recognises them in writing. General terms of providers apply exclusively in the relationship between provider and customer and not vis-à-vis FORMULARENT.

“FORMULARENT” means the operator of the Platform, domiciled in Switzerland.

“Platform” means the website available at formularent.ch including all sub-pages, features, interfaces, mobile views and related services.

“Provider” means professional rental companies such as businesses, garages, car dealers and commercial vehicle holders that list vehicles for rent on the Platform.

“Customer” means any natural or legal person who submits inquiries about vehicles via the Platform or uses the Platform for information purposes.

“Listings” means the vehicle offers published by providers including images, descriptions, prices, availabilities and any other information.

“User” means both providers and customers as well as any other person visiting or using the Platform.

FORMULARENT is solely a technical intermediary platform that connects customers with professional vehicle providers.

FORMULARENT is not a car rental company, does not operate a vehicle fleet and does not own vehicles. FORMULARENT is not a contractual party to the rental agreements concluded between providers and customers.

All rental agreements are concluded exclusively and directly between the respective provider and the customer. FORMULARENT is neither involved in such agreements nor does it guarantee their performance.

FORMULARENT makes no guarantee regarding the availability, condition, quality, safety, legality or accuracy of the listed vehicles or any information provided by providers.

FORMULARENT does not process rental payments between customers and providers. All payments, deposits and refunds are settled exclusively and directly between provider and customer.

Registration as a provider is reserved exclusively for professional rental companies, businesses, garages and commercial vehicle holders. Private individuals are not admitted as providers.

Customers can submit vehicle inquiries without creating a user account.

Providers are required to provide truthful, complete and up-to-date information during registration and to update such information without delay in case of changes. This includes in particular company name, legal form, commercial register number, address, contact details and responsible persons.

Providers must keep their login credentials strictly confidential and protect them from access by third parties. Sharing credentials with third parties is prohibited.

Providers are fully responsible for all activities carried out under their account and are liable to FORMULARENT for any damages resulting therefrom.

Any suspicion of misuse or unauthorised use of the account must be reported to FORMULARENT without delay.

FORMULARENT is entitled to carry out verifications of providers at any time, in particular by inspecting commercial register entries, business licences, insurance certificates and identity documents.

FORMULARENT expressly reserves the right to refuse registrations without giving reasons, to temporarily suspend accounts or to permanently close them.

Suspension or deletion of an account may occur in particular in cases of fraud, false or misleading information, abusive behaviour, repeated complaints, payment default or breach of these Terms.

In the event of account suspension, there shall be no entitlement to a refund of already paid subscription fees.

Publishing vehicle listings on the Platform may require a paid subscription. The current subscription plans (Free, Starter, Professional, Premium), including prices and included vehicle limits, are shown on the pricing page of the Platform.

Subscriptions are billed monthly and automatically renew for further billing months unless cancelled by the provider before the end of the current period.

Subscription fees already paid will not be refunded for ongoing billing periods, including in cases of early cancellation, account suspension or non-use of the Platform.

In the event of payment default, FORMULARENT is entitled to suspend or delete the account and all listings of the provider without prior notice.

FORMULARENT reserves the right to adjust prices, scope of services and vehicle limits of the subscription plans with reasonable prior notice.

Providers are solely and fully responsible for all content they publish, in particular for listings, vehicle descriptions, technical data, prices, rental conditions, insurance information, availabilities, uploaded images and videos, as well as for the actual condition and legality of the vehicles offered.

Providers are required to publish exclusively truthful, complete and up-to-date information. Misleading, false or incomplete listings are prohibited.

It is expressly prohibited to publish content that violates applicable law, infringes third-party rights, concerns stolen vehicles or contains copyrighted images without the corresponding rights of use.

FORMULARENT is entitled to review, edit, shorten, remove individual content or delete entire listings at any time and without prior notice, in particular in case of suspected legal violations or breaches of these Terms.

FORMULARENT is under no obligation to monitor listings. FORMULARENT assumes no liability for provider content.

By uploading images, texts, videos and other content to the Platform, the provider grants FORMULARENT a free, worldwide, time- and territory-unlimited, non-exclusive, transferable and sublicensable right of use.

This right of use includes in particular the right to store, reproduce, edit, shorten, scale, translate and use the content within the Platform as well as for marketing and advertising purposes of FORMULARENT, including on social media, in newsletters, on search engines and on partner websites.

The provider warrants that it holds all rights necessary for the uploaded content and shall fully indemnify FORMULARENT against any third-party claims arising from copyright, trademark, personality or other protective rights.

Ownership and copyrights in the uploaded content remain with the provider.

Inquiries sent by customers to providers via the Platform do not constitute a binding booking or contract conclusion in legal terms but a non-binding contact.

The provider decides at its own discretion whether to accept, reject or submit a counter-offer in response to an inquiry. The customer has no entitlement to acceptance of an inquiry.

All rental conditions are agreed exclusively and directly between provider and customer. This includes in particular rental price, rental duration, deposit, payment terms, minimum age, driver licence requirements, mileage limits, deductible, insurance coverage, handover and return conditions as well as any further terms.

The rental agreement is only concluded by mutual, express declarations of intent between provider and customer outside the Platform.

All payments in connection with the vehicle rental, in particular rental fees, deposits, damage claims, fuel costs, cleaning fees and any additional costs, are settled exclusively and directly between provider and customer.

FORMULARENT is neither involved in such payments nor is FORMULARENT a payment service provider, trustee or collection agency.

FORMULARENT assumes no responsibility or liability for payment disputes, outstanding payments, refunds, cancellation fees, exchange rates, bank charges, credit risks or resulting damages between provider and customer.

Any complaints, claims for refunds or damages must be asserted exclusively and directly between provider and customer.

FORMULARENT provides the Platform as a pure intermediary infrastructure. Liability of FORMULARENT is excluded to the maximum extent permitted by law.

In particular, FORMULARENT shall not be liable for the condition, safety, roadworthiness, availability, ownership or legality of the listed vehicles.

FORMULARENT shall not be liable for damages, accidents, injuries, theft, vandalism, loss, consequential damages or any other disadvantages arising in connection with the use of a brokered vehicle.

FORMULARENT shall not be liable for disputes between provider and customer, for misleading, false or incomplete listings, for lost profits, lost orders, reputational damage or any other indirect or consequential damages.

FORMULARENT shall not be liable for technical malfunctions, operational interruptions, data losses, hacker attacks, malware, unauthorised third-party access, server or network outages, force majeure or other circumstances beyond FORMULARENT’s control.

Furthermore, FORMULARENT shall not be liable for inappropriate, unlawful or contract-violating behaviour of users, providers or third parties.

Liability for slight negligence, auxiliary persons and consequential damages is fully excluded to the maximum extent permitted by law. Mandatory statutory liability, in particular for intent or gross negligence, remains reserved.

FORMULARENT endeavours to make the Platform available with a high level of availability but does not guarantee uninterrupted, error-free or secure operation.

FORMULARENT is entitled at any time to carry out maintenance, technical adjustments, updates or functional changes, which may lead to temporary interruptions or restrictions of the Platform.

Features, content, layouts and services of the Platform may be changed, supplemented, restricted or discontinued at any time and without prior notice. There is no entitlement to the continued existence of specific features.

The processing of personal data by FORMULARENT is governed by the separate Privacy Policy, which forms an integral part of these Terms and is available on the Platform.

By using the Platform, users confirm that they have taken note of the Privacy Policy.

All rights to the Platform, including design, layout, source code, database structures, logos, trademarks, texts, graphics, photographs and other content, belong exclusively to FORMULARENT or the respective entitled third parties.

Any reproduction, distribution, modification, public communication, translation or other use of the Platform or its content beyond the contractually agreed use requires the prior written consent of FORMULARENT.

The use of the “FORMULARENT” trademark, associated logos or figurative marks without express written permission is prohibited.

The following are in particular prohibited: automated extraction of content (scraping, crawling), mass downloads, sending spam or unsolicited advertising, creating false inquiries or accounts, manipulating reviews or statistics, copying or reproducing listings of other providers as well as any other unlawful or abusive use of the Platform.

Also prohibited are the circumvention or disabling of technical protective measures, the introduction of malicious code, denial-of-service attacks and any actions that impair the integrity, security or availability of the Platform.

In the event of breaches, FORMULARENT expressly reserves the right to take legal action and to claim damages.

FORMULARENT is entitled to amend these Terms at any time. The current version is published on the Platform and enters into force upon publication.

Providers will be informed of material changes in an appropriate manner, for example by email or by notice in the provider dashboard.

Continued use of the Platform after the entry into force of amended Terms shall be deemed acceptance of the new terms.

Should individual provisions of these Terms be or become wholly or partially invalid, void or unenforceable, the validity of the remaining provisions shall remain unaffected.

The invalid provision shall be replaced by a valid provision that comes closest to the economic purpose of the ineffective provision. The same applies accordingly to any gaps in the Terms.

These Terms as well as all legal relationships between FORMULARENT and the users are governed exclusively by the substantive law of Switzerland, to the exclusion of conflict-of-law rules and the United Nations Convention on Contracts for the International Sale of Goods (CISG).

The exclusive place of jurisdiction for all disputes arising from or in connection with these Terms and the use of the Platform is St. Gallen, Switzerland. Mandatory statutory places of jurisdiction remain reserved.