1. Scope of Application
These General Terms and Conditions (hereinafter "Terms") govern all contractual relationships between TB Cleaning GmbH (hereinafter "the Company", "we", "us" or "our"), a limited liability company duly registered in the Commercial Register of the Canton of Zürich under number CH-020.4.079.366-3, with its registered office at Schaffhauserstrasse 550, 8052 Zürich, Switzerland, and any natural or legal person (hereinafter "the Client") who requests, books or receives cleaning services from the Company.
By requesting a quote, confirming a booking, or accepting the services provided by the Company, the Client expressly acknowledges and accepts these Terms in their entirety. Any general terms and conditions of the Client that conflict with or deviate from these Terms shall not apply unless explicitly accepted in writing by the Company.
2. Services Offered
The Company is active in the sector of building cleaning and provides professional cleaning services, including but not limited to:
- Regular and one-time residential cleaning;
- Commercial and office cleaning;
- Move-in and move-out cleaning (including handover-guarantee cleaning);
- Construction and post-renovation cleaning;
- Window cleaning;
- Carpet, upholstery and floor deep-cleaning;
- Any additional cleaning services expressly agreed between the parties.
The specific scope of services to be rendered shall be defined in the individual quote, booking confirmation or service agreement entered into between the Company and the Client.
3. Conclusion of the Contract
Quotes issued by the Company are non-binding unless expressly stated otherwise. A binding contract is concluded only when the Company confirms the booking in writing (by email, message or signed agreement) or commences the performance of the services with the Client's consent.
The Client is responsible for providing accurate and complete information regarding the location, scope and conditions of the work to be performed. Any discrepancy between the information provided and the actual conditions at the service location may result in an adjustment of the price and/or the schedule.
4. Prices and Payment Terms
All prices are quoted in Swiss Francs (CHF). Unless otherwise stated, prices are inclusive of Swiss Value Added Tax (VAT) at the applicable statutory rate. Travel costs, parking fees, special equipment and consumables may be invoiced separately where applicable.
Invoices are payable within thirty (30) days from the invoice date, without deduction, to the bank account indicated by the Company. For one-time services, the Company reserves the right to request payment in advance or upon completion of the service.
In the event of late payment, the Client shall be in default without further reminder upon expiry of the payment term, in accordance with article 102 of the Swiss Code of Obligations. The Company is entitled to charge default interest at a rate of 5 % per annum, as well as a reminder fee of CHF 20.- per reminder issued. The Company further reserves the right to claim compensation for any additional damage caused by the delay.
5. Cancellation and Rescheduling
Cancellation or rescheduling of a confirmed booking must be communicated to the Company in writing (by email or message) as early as possible. The following cancellation fees shall apply, unless otherwise agreed in writing:
- More than 48 hours before the scheduled start: free of charge;
- Between 48 and 24 hours before the scheduled start: 50 % of the agreed price;
- Less than 24 hours before the scheduled start, or in case of no-show: 100 % of the agreed price.
If the Company is unable to perform the service due to reasons attributable to the Client (e.g. denied access to the premises, absence of utilities such as water or electricity), the full agreed price shall remain due.
6. Client Obligations
The Client shall ensure that:
- Access to the premises is granted at the agreed date and time;
- Water, electricity and adequate lighting are available at the service location;
- Fragile, valuable or sensitive objects are removed, secured or clearly identified prior to the commencement of the service;
- Any specific instructions, safety risks or particularities of the premises are communicated to the Company in advance;
- Pets, where present, are kept in a safe area that does not interfere with the performance of the service.
Failure to comply with these obligations may result in additional charges, partial performance, or cancellation of the service at the Client's expense.
7. Performance of Services and Complaints
The Company undertakes to perform all services with the diligence and professional standards customary in the Swiss cleaning industry. The Company is entitled to engage qualified subcontractors for the performance of the services, while remaining responsible for their work towards the Client.
The Client is required to inspect the result of the service immediately upon completion or, in the case of recurring services, within a reasonable period. Any defects or complaints must be notified to the Company in writing within seventy-two (72) hours from the completion of the service. Notifications received after this period shall be deemed accepted and the service approved.
Where a justified complaint is timely raised, the Company shall, at its sole discretion, remedy the defect by performing a follow-up cleaning (Nachbesserung) free of charge within a reasonable time. Further claims, in particular price reduction, rescission of the contract or damages, are excluded to the extent permitted by law and only apply if the remedy fails or is refused by the Company.
8. Liability
The Company maintains professional liability insurance covering damage caused negligently to the Client's property in the course of the performance of the services.
The Company shall only be liable for damages caused by gross negligence or wilful misconduct on the part of itself, its employees or its auxiliaries. Liability for slight negligence is excluded to the fullest extent permitted by Swiss law.
The Company shall not be liable for:
- Pre-existing damage, normal wear and tear, or stains and defects that cannot be removed with standard cleaning techniques;
- Damage to objects that were defective, fragile or improperly secured prior to the service;
- Indirect, consequential or immaterial damage, including loss of profit;
- Damage resulting from inaccurate or incomplete information provided by the Client.
Any claim for damages must be reported to the Company in writing within seventy-two (72) hours of becoming aware of the damage, and in any case no later than five (5) days after completion of the service.
9. Data Protection
The Company processes personal data of the Client in accordance with the Swiss Federal Act on Data Protection (FADP) and, where applicable, the General Data Protection Regulation (GDPR). Personal data is collected and processed solely for the purposes of providing the services, managing the contractual relationship, invoicing, and complying with legal obligations.
The Client has the right to access, rectify, delete or restrict the processing of their personal data, and to object to its processing, by contacting the Company at hello@tbcleaning.ch. The Company does not sell personal data to third parties and only shares it with service providers strictly necessary for the performance of the contract.
10. Confidentiality
The Company and its personnel undertake to treat as confidential all information of which they become aware in the course of the performance of the services, in particular information concerning the Client's premises, personal life or business activities. This obligation remains in force after the termination of the contractual relationship.
11. Force Majeure
Neither party shall be liable for any failure or delay in the performance of its obligations resulting from circumstances of force majeure, including but not limited to natural disasters, pandemics, governmental measures, strikes, fires, floods, or any other unforeseeable event beyond the reasonable control of the affected party. The affected party shall inform the other party without delay and the obligations shall be suspended for the duration of the event.
12. Term and Termination
Contracts for one-time services terminate upon proper performance of the agreed service and payment of the corresponding invoice.
Contracts for recurring services (e.g. weekly, bi-weekly or monthly cleaning) are concluded for an indefinite period and may be terminated in writing by either party with a notice period of one (1) month to the end of a calendar month, unless otherwise agreed in writing.
The right of either party to terminate the contract with immediate effect for important reasons (wichtige Gründe) within the meaning of Swiss law remains reserved.
13. Amendments to the Terms
The Company reserves the right to amend these Terms at any time. Amendments shall be communicated to the Client in writing and shall be deemed accepted unless the Client objects in writing within thirty (30) days of notification. For ongoing contracts, the version of the Terms in force at the time of conclusion of the contract shall apply, subject to any duly notified amendments.
14. Severability
Should any provision of these Terms be or become invalid, illegal or unenforceable, the validity of the remaining provisions shall not be affected. The invalid provision shall be replaced by a valid provision that comes as close as possible to the economic intent of the original.
15. Governing Law and Jurisdiction
These Terms and any contractual relationship between the Company and the Client shall be governed exclusively by Swiss substantive law, to the exclusion of any conflict-of-laws rules and of the United Nations Convention on Contracts for the International Sale of Goods (CISG). Exclusive place of jurisdiction: Zürich, Switzerland.