Disclaimer: This is an automatic translation of the GTCs of the comparis.ch digital real estate portal. This document may contain translation errors. The legally binding version is the one in German.
1. Introduction
These General Terms and Conditions ("GTC") govern the contractual relationship ("Contract") between customers and comparis.ch AG, Birmensdorferstrasse 108, 8003 Zurich ("Comparis") regarding the use of the Comparis Real Estate Portal ("Portal") as well as the purchase of products and services offered on the Portal. They apply to both natural and legal persons ("Customers"). The conclusion of a contract is only permitted for adult, legally competent private individuals residing in Switzerland, or legal entities.
In addition to these GTC, product-specific conditions or separate service descriptions may apply to certain products and services. Such supplementary regulations form an integral part of the contract.
In addition to these GTC, the general legal notices on the website at comparis.ch/info/copyrights and any other terms of use to which the customer has agreed (e.g., myComparis user account) apply.
General terms and conditions of customers do not apply, even if they refer to them (e.g., in orders or order confirmations).
2. Access and Registration
The use of certain functions of the Portal requires prior registration. The required information must be provided truthfully and completely. Access is personal; the transfer of login data to third parties is not permitted. Comparis may refuse access to the Portal without stating reasons or immediately restrict or block the customer's access to the Portal for important reasons or if legal provisions so require. Comparis may close the registration and thus the user account and delete the data and listings stored at Comparis without notice. There is no entitlement to access the services offered by Comparis. A claim for reimbursement of the price already paid for a service is excluded.
3. Conclusion of Contract
The online presentation of the products and services offered on the Portal does not constitute a binding contractual offer.
In the case of online contract conclusions, the customer places a binding order, accepts the respective valid GTC, and confirms the correctness of the entered data. Comparis reserves the right to freely decide on the acceptance of the order. The contract is concluded by the written confirmation of the order by e-mail from Comparis or by the publication of the listing on the Portal.
In other cases, a contract is concluded with the customer's consent to an offer or contract submitted by Comparis. These GTC are an integral part. Consent and thus acceptance of these GTC can be given, depending on the product and service, by e-mail, digital signing of the offer or contract, or conclusive behavior (e.g., payment of the invoice, use of services, etc.).
Contract duration and notice periods may vary in the contract for each product and service. The contract durations and notice periods specified in the contract apply.
4. Services, Prices and Payment
The scope and content of the products and services offered by Comparis are described on the Portal. Comparis is entitled to adapt them at any time. The customer must inform themselves about the scope and content before concluding the contract.
The basic listing, i.e., the entry and publication of real estate listings on the Portal, is generally free of charge.
In addition, Comparis offers various paid premium products. Such services are clearly marked as paid on the Portal and can either be purchased directly online or obtained within the framework of separate contractual agreements.
The respective applicable prices in Swiss francs are non-bindingly available on the Portal. Comparis reserves the right to change prices at any time. They will be specifically displayed during the ordering process or the contractual agreement. Unless otherwise stated, prices are exclusive of value-added tax. Value-added tax will be shown separately.
Invoices are to be paid within 30 days. Comparis may demand advance payments in certain cases. For certain products, billing and payment can be made directly via the Portal with the involvement of an external service provider. If the customer does not object to a received invoice in writing within a reasonable period, it is deemed accepted.
If a customer fails to meet their payment obligation on time, they will be in default without further reminder. In this case, Comparis reserves the right to temporarily interrupt services, restrict access to the user account, or terminate the contractual relationship for good cause. Amounts already paid in advance will be forfeited without compensation in such a case.
Comparis may charge additional reminder fees for late payment. In the event of repeated or persistent payment delays, Comparis is entitled to transfer the collection to an external service provider. For this purpose, necessary customer data and relevant contract documents may be forwarded.
5. Listings and Content
5.1. General Principles
Only objects for which explicit consent from the owner or other sufficient proof of authorization is available may be listed. Comparis is entitled, but not obliged, to demand proof thereof.
Listings must be current, correct, and not misleading. Personal rights as well as applicable laws and industry guidelines must be observed. Comparis reserves the right to check listings both before and after publication. Listings can be rejected, adjusted, or deleted at any time without stating reasons. In the event of violations of the applicable rules or technical errors, Comparis may immediately deactivate listings, block the user account or the entire listing portfolio of the customer concerned, reject future listings, and assert claims for damages or subsequently invoice uncharged fees. A refund of already paid amounts is excluded.
Even with the publication of the listing on Comparis, the responsibility for the content remains entirely with the customer.
5.2. Listing Rules
The following rules define the requirements for the publication of real estate listings on the Portal.
5.2.1. General Requirements
Only real estate located in Switzerland or Liechtenstein that is for sale or rent may be listed. Search listings are not permitted.
Each listing may only concern a single object. Multiple mentions or object changes within a listing are not permitted.
The offered object must be available. If an offered object is sold or rented, the customer must immediately delete or deactivate the listing independently.
Listings for temporary paid accommodation (e.g., holiday apartments, hotels, guesthouses) are not permitted.
The customer must have all necessary rights to the uploaded content (images, texts, videos, etc.). Third-party rights (copyrights, personal rights, etc.) must not be violated.
5.2.2. Content and Presentation
All object data must be truthful, in particular:
Price (gross rent or selling price)
Location (street, city, postcode, canton)
Size, condition, availability
The information must be complete, correct, and object-related. Symbolic images, generic placeholders, or content not belonging to the object are not permitted.
Not permitted are:
discriminatory, sexist, racist, or otherwise offensive content
emojis, excessive typographical highlighting (e.g., multiple exclamation marks)
advertising for paid hotlines, registration requirements, or other paid services
content that could give the impression that it is official Comparis services or additional products
technical content such as viruses, malware, or harmful links
A listing must not give the impression that it is an official product or offer from Comparis, unless expressly agreed otherwise.
5.2.3. Image Guidelines
All images must show the actually listed object or have a clear relation to it (e.g., surroundings, view).
Images with:
symbols, logos, or banners
personal data such as faces (without consent), license plates, or addresses
overlaying advertisementsare not permitted.
6. Duties and Obligations of the Customer
The customer undertakes to use the Portal and associated services in accordance with the law. They confirm that all information provided by them, especially within the scope of listings, is correct, complete, and up-to-date. The customer guarantees that they have all necessary rights to the published content and that no third-party rights are violated.
The customer further undertakes to:
only publish listings that comply with the listing rules;
not provide content that violates applicable law, personal rights, or industry standards;
not pass on their user account to third parties or use it for third parties who themselves act as providers;
not use contact options on the Portal for advertising or other irrelevant purposes.
Comparis may remove content without prior notice in case of violations.
Should Comparis be legally challenged in connection with content provided by the customer or breaches of contract by the customer (e.g., by third parties or authorities), the customer undertakes to fully indemnify Comparis, actively cooperate in the defense, and provide all necessary documents.
7. Use of Listings by Comparis
By publishing a listing, the customer authorizes Comparis to use all components of the listing (texts, images, videos, etc.) for the purpose of promotion or dissemination via various channels. These include, in particular, social media, partner platforms, newsfeeds, as well as trade fair and print appearances. A claim by the customer to publication via these various channels only exists insofar as this is provided for in the contract. Comparis may also initiate legal action against unauthorized further use by third parties, but is not obliged to do so.
8. Intellectual Property Rights
All rights to the content of the Portal and to the provided products and services, to the underlying software, as well as to texts, graphics, brands, designs, and other content remain with Comparis or its licensors. Customers receive only those rights of use that are necessary for the contractual use of the Portal and the acquired products and services. These rights are personal, non-transferable, non-exclusive, and apply only for the duration and scope of the respective contractual relationship. Any further use, in particular reproduction, processing, or publication outside the Portal, is not permitted.
Content that a customer provides for publication on the Portal – such as images, texts, videos, or documents within the scope of listings – remains the property of the customer, provided that it is protected by copyright. The customer confirms that they are authorized to use this content and that no third-party rights are violated thereby. Comparis is not obliged to check this authorization but may request corresponding proof at any time.
By uploading or transmitting such content, the customer grants Comparis the following rights of use:
the right to technically process, store, display, and disseminate the content for publication on the Portal;
the right to use the content for its own marketing purposes – e.g., in print media, on social media, at trade fairs, or in online advertising – during the term of the listing and up to one year thereafter;
the right to use content for its own purposes such as analyses, creation of statistics, product development, or improvement of the Portal even beyond the term, provided that it is processed anonymously.
Any use of third-party content by the customer (including content provided by Comparis, partners, or other customers) outside the Portal is prohibited without the express consent of the rights holder – in particular, automated reading (such as crawling, scraping), copying, publishing, or feeding into other platforms or databases.
If Comparis suffers damage due to a legal infringement by the customer – in particular in the absence of rights of use or unlawfully used content – (e.g., within the scope of legal proceedings or due to warning costs), Comparis expressly reserves the right to take recourse against the responsible customer.
9. Conduct on the Portal
Comparis expects a respectful tone on the Portal – both between customers and in contact with Comparis itself. In the event of repeated or serious violations of these codes of conduct, Comparis may restrict the communication channel or exclude the affected party from using the Portal.
10. Warranty and Liability of Comparis
The Portal contains information and content originating from Comparis itself, as well as from customers and external partners. Comparis endeavors to ensure the correctness of the content published on the Portal. Nevertheless, Comparis makes no warranties, guarantees, and assurances and excludes liability and defect rights to the extent permitted by law, in particular (but not exclusively) with regard to the availability, completeness, accuracy, freedom from errors, and up-to-dateness of the content published on the Portal as well as other services.
Comparis strives to ensure the operation of the platform as smoothly as possible. Even with the best possible technical support, interruptions or temporary restrictions due to maintenance work, security checks, technical adjustments, troubleshooting or security risks, as well as the introduction of new functions or technical problems cannot be excluded. Such work will – if possible – be carried out outside normal business hours. During such interruptions, there is no entitlement to a price reduction or compensation. To the extent permitted by law, Comparis excludes all liability (also for its organs, employees, and auxiliary persons). Comparis is liable neither for slight or medium negligence nor for direct and indirect damages or consequential damages (loss of profit, third-party claims).
For services provided by third-party providers or partners of Comparis (e.g., agencies or partner portals), Comparis assumes no content-related or technical warranty and excludes all liability, even if these are accessible via the Portal. These services are the responsibility of the respective provider.
11. Legal Status of Comparis
Comparis is not a contracting party in legal transactions between users, customers, or third parties that are initiated or concluded via the Portal. Comparis assumes no responsibility for the content, condition, execution, or legal consequences of such contracts.
12. Offsetting, Assignment of Claims and Rights
Comparis is entitled to transfer rights and obligations arising from the contractual relationship in whole or in part to third parties or to assign claims. A transfer or assignment by the customer is only permitted with the written consent of Comparis. The customer may not offset their own claims against claims of Comparis.
13. Data Protection
Regarding data protection, the Privacy Policy applies. The Privacy Policy does not become part of the contract between the customer and Comparis. It can be changed by Comparis at any time. Comparis processes personal data (name, address, etc.) and other data of its customers, in particular for the purpose of the products and services offered via the Portal, and in connection with this activity, forwards the data to any service providers, partners, and other persons. In the technical implementation, for example, of listings on behalf of the customer, Comparis acts as a processor. For further data processing by Comparis, reference is made to the aforementioned Privacy Policy.
14. Final Provisions
Comparis reserves the right to adapt these GTC at any time. The currently valid version applies; earlier versions are replaced by the new version. Such changes do not apply to contracts already concluded.
Should individual provisions of these GTC be wholly or partially invalid, this shall not affect the legal validity of the remaining provisions, regardless of the reason for the invalidity. A new valid provision that comes closest in its economic effects to the invalid provision shall replace the invalid provision.
In the event of contradictions between different language versions of the individual contract documents, only the German version is authoritative. These GTC have been machine-translated into English, French, and Italian and may contain translation errors.
These GTC as well as any disputes, claims, or demands arising from or in connection with the contract or its subject matter or conclusion are subject to Swiss law, to the exclusion of international private law (IPRG). For all disputes arising from or in connection with the contractual relationship, Zurich is the exclusive place of jurisdiction, insofar as no mandatory legal provisions oppose this. Comparis is also entitled to sue the customer at their registered office/domicile.