General Terms of Use

1. Object and Scope of Application

These General Terms of Use (GTU) apply to all services offered by Malocation.ch, a platform connecting vehicle owners (hereinafter "Owner") and renters (hereinafter "Renter").

Malocation.ch provides an intermediation and rental management service between individuals or companies. By using the platform, users acknowledge having read, understood, and accepted these GTU.

Malocation.ch is neither the owner nor the operator of the vehicles offered on the platform. Any rental constitutes a direct contract between the Owner and the Renter, with Malocation.ch intervening solely as a technical, administrative, and insurance intermediary.

2. Registration and User Account

2.1 Registration Conditions

Any natural or legal person may create an account on Malocation.ch, provided that they supply accurate, complete, and up-to-date information.

2.2 User Responsibility

The user is responsible for protecting their login credentials, the accuracy of the information provided, and updating their profile (address, driving license, vehicle information, etc.). Malocation.ch may suspend or delete any account in the event of fraudulent, non-compliant, dangerous use, or use contrary to these GTU.

3. Owner Obligations

3.1 Vehicles Offered

The Owner guarantees that the vehicle offered for rental belongs to them or that they have a valid right to rent it out. They also guarantee that the vehicle is less than 20 years old, is in a safe condition, complies with Swiss law (maintenance, technical inspection, taxes, etc.), and meets applicable legal requirements.

The Owner undertakes to provide accurate, complete, and up-to-date information regarding the vehicle, including the make, model, year, fuel type, mileage, tire type, as well as any usage restrictions.

3.2 Vehicle Insurance

3.2.1 Private and Professional Vehicles Any Owner wishing to rent out their vehicle via Malocation.ch must modify their car insurance contract to include "rental" usage. This adaptation is essential to guarantee the validity of coverage in the event of an incident or claim.

No vehicle may be rented via Malocation.ch without this policy update being confirmed by the Owner.

Owners wishing to adapt their insurance contract can obtain advice and support from our partner:

Artémis Conseils Sàrl Tel: 021 691 26 61
Specialist in insurance for vehicles intended for rental.

Malocation.ch recommends that all Owners contact Artémis Conseils Sàrl to ensure that their coverage is compliant and sufficient.

3.2.2 Tax Obligations Any tax declaration regarding the private or professional use of vehicles rented via Malocation.ch is the exclusive responsibility of the Vehicle Owner or the owning company. Malocation.ch cannot be held responsible for any tax consequences under any circumstances.

3.2.3 Right to Modify or Remove Listing Malocation.ch reserves the right to modify, suspend, block, or remove a vehicle listing at any time, without obligation of justification. This right also includes the possibility of cancelling, refusing, or modifying a confirmed booking as well as the corresponding payment, particularly in case of doubt regarding the compliance, safety, or legality of the rental.

4. Renter Obligations

4.1 Residence

The Renter must be a resident of Switzerland or the Principality of Liechtenstein. If the Renter transfers their domicile to Switzerland and possesses a foreign driving license, they must transcribe it into a Swiss license within one year of their entry into Switzerland.

4.2 Validity of Driving License

The Renter is only authorized to use the vehicle if they are in possession of a driving license valid in Switzerland, for the appropriate category, for the entire duration of the rental. It is their responsibility to verify the validity of their license and to respect all restrictions appearing thereon.

Any change in license status (renewal, withdrawal, suspension, restriction) must be notified immediately to Malocation.ch and updated in the user account. The Renter is solely responsible for sanctions or fines related to an invalid or non-compliant license and must hold Malocation.ch and the Owner entirely harmless from any consequences resulting from driving without a valid license.

4.3 Safety Conditions and Prohibitions

The vehicle must not be driven under the influence of alcohol, drugs, medication affecting reaction capability, or in a state of extreme fatigue or illness rendering driving dangerous. Non-compliance with these conditions may result in exclusion from insurance coverage, damages, and legal proceedings.

4.4 Minimum Age and Driving Experience

The Renter as well as any additional driver must be at least 18 years old and hold a valid driving license for driving the rented vehicle in Switzerland.

For vehicles defined as high-end/luxury vehicles, the Renter and any additional driver must be at least 25 years old.

4.5 Driving Abroad

For trips taken abroad, the Renter must pay additional fees. The vehicle may only be driven or taken within countries authorized by Malocation.ch. The price of the driving abroad tax is CHF 6 per rental day. The renter pays this tax for the entire duration of the rental.

4.6 Additional Driver

If a person other than the Renter is to drive the vehicle, the Renter must subscribe to additional driver coverage. Only one additional driver may be added per rental. The Renter must always be the person who picks up and returns the vehicle; the additional driver cannot perform these procedures.

The Renter remains entirely responsible for the vehicle at all times and for the entire duration of the rental, including when driven by an authorized additional driver.

4.7 Responsibility in Case of Incident

In the event of incidents not covered by the included insurance, the Renter is in all cases held fully financially responsible for any loss suffered by the parties concerned as a result of their actions or those of an additional driver. This includes, but is not limited to, losses related to fueling errors, loss or theft of the vehicle, as well as accidents caused by negligence or intent.

5. Tires and Safety

5.1 Owner Obligations

It is the responsibility of Vehicle Owners to explicitly indicate on their profile the type of tires they use (summer, winter, all-season tires) and to modify this indication in case of change. Between the months of October and April, it is assumed that winter tires are used. If winter tires are not available, this information must be clearly mentioned in the vehicle profile.

5.2 Verification by the Renter

Upon picking up the vehicle, the Renter undertakes to ensure that the vehicle is equipped with the tires described in the profile. By taking possession of the vehicle, the Renter confirms that they are capable of controlling the vehicle safely. This confirmation is valid for the entire duration of the rental, regardless of the condition of the tires.

If the Renter finds that they are not able to drive the vehicle safely (for example due to the type or condition of the tires), they are required not to accept the vehicle and to inform Malocation.ch immediately.

5.3 Absence of Coverage for Tire-Related Damage

In the event of damage due to the nature or condition of the tires, no insurance coverage applies. The matter must be settled directly between the Vehicle Owner and the Renter. Malocation.ch cannot be held responsible in such a case.

6. Rates, Payments, and Deposit

6.1 Rates and Payments

Rental rates, service fees, and any taxes (such as young driver tax or driving abroad tax) are indicated transparently during the booking process. Payments are made via the payment methods offered on the platform.

6.2 Rental Deposit

When booking a vehicle on Malocation.ch, a security deposit may be requested. This serves to guarantee the payment of any potential additional costs, such as traffic fines, insurance deductibles in case of damage, exceptional cleaning fees, missing fuel, or any other cost related to the use of the vehicle.

The amount of the deposit depends notably on the type of vehicle, the duration of rental, the age of the Renter, and other booking parameters. The exact amount is displayed before the validation of the booking.

6.3 Release and Refund of the Deposit

In case of cancellation of the rental, the deposit is released within 5 business days. At the end of the rental, the deposit is automatically refunded within five days after the end of the rental, after potential deduction of additional costs or damages attributable to the Renter. An additional bank delay of one to three business days may be necessary for the funds to appear on the Renter's account.

7. Damages, Breakdowns, and Claims

In the event of damage, breakdown, or accident, the Renter must immediately inform the Owner and Malocation.ch, and follow the instructions given to them. They must notably fill out an accident report, take photos, cooperate with authorities and insurers, and not acknowledge liability without prior agreement.

Any omission, false declaration, or negligent behavior capable of aggravating the damage or compromising the management of the claim may result in a reduction or exclusion of insurance coverage and engage the personal liability of the Renter.

8. Cancellations and Refunds

Cancellations and refunds are governed by the cancellation policy in force on Malocation.ch. Cancellation conditions apply only to confirmed rentals. If a booking is cancelled before being confirmed, no amount is debited and the payment is simply cancelled.

Refunds are generally processed within one to five business days, depending on the processing time of the Renter's bank. Refunds are made according to the payment method used at the time of booking. In case of late cancellation, fees may be retained and deducted from the refunded amount.

10. Liability of Malocation.ch

Malocation.ch acts exclusively as an intermediary between Owners and Renters. Malocation.ch cannot be held responsible for the condition of the vehicle, the quality of the rental, delays, cancellations, breakdowns, accidents, damages, losses, or disputes occurring between users, except in cases of proven gross negligence by Malocation.ch.

Malocation.ch does not guarantee the continuous and uninterrupted availability of the platform and may temporarily suspend access for maintenance, security, or update reasons.

11. Suspension or Termination of Account

Malocation.ch reserves the right to immediately suspend or terminate a user's account, without notice, in the event of violation of these GTU, fraudulent, abusive, dangerous behavior, or behavior contrary to the law. In these cases, current bookings may be cancelled and the user may be permanently excluded from the platform.

12. Data Protection

Malocation.ch processes personal data in accordance with Swiss data protection law and, where applicable, the General Data Protection Regulation (GDPR). Data is collected and used exclusively for purposes necessary for the operation of the platform, booking management, billing, and compliance with legal obligations. Users have a right of access, rectification, and, under certain conditions, deletion of their personal data.

13. Applicable Law and Place of Jurisdiction

These GTU are governed by Swiss law. Subject to mandatory legal provisions, the exclusive place of jurisdiction for any dispute relating to these GTU or the use of the platform is the registered office of Malocation.ch, in Switzerland.

14. Entry into Force and Modifications of GTU

Malocation.ch reserves the right to modify these GTU at any time. Any substantial modification will be published on the platform. The applicable version is the one in force at the time of use of the platform or the conclusion of a booking. By continuing to use the platform after the publication of new GTU, the user accepts the modifications made.