1 - Object
The Supplier shall provide the Beneficiary with access to a workspace with the following characteristics (hereinafter referred to as "the Centre"):
Address of the Centre : 30 Bvd. Helvétique / 1207 Geneva
Description of the space : 2nd floor, 1 reception, 1 waiting room, 6 rooms, 1 kitchen, 2 toilets.
2 - Access to the Centre
The purpose of this contract is to rent individual practice rooms on an hourly basis to practitioners in alternative medicine, well-being or coaching. The entire space remains in the possession and control of the Supplier. The address of the Centre may under no circumstances be used as the Beneficiary's registered office.
Any subscription to an Aliotis service offer by the Beneficiary implies automatic acceptance of these general conditions and has the value of a contract. Under the terms of the contract, i.e. the purchase of a package, the Beneficiary has access to the Centre for a period corresponding to the period of validity of the subscribed package and for the exclusive use of a therapeutic practice, which the Beneficiary certifies and guarantees. No other use may be tolerated, it being specified that any violation of this stipulation will automatically result in the termination of the contract. (cf art. 4)
The Service Provider must allow the Beneficiary access to the Centre under the following conditions :
- Access to the Centre from 7am to 10pm Monday to Sunday, subject to modifications or other special arrangements.
- Within the Centre, access to an individual practice room, exclusively according to the reservations previously made by the Beneficiary on the Provider's online agenda, subject to availability.
- Provision of furniture and equipment in the individual room.
- Access to the common areas: kitchen, waiting room, toilets.
3 - Obligations of the parties
3.1 - Obligations of the Supplier to the Beneficiary
- During the term of the contract, corresponding to the validity of the current package, the Service Provider undertakes to provide the Beneficiary with the services described in these conditions.
- The Service Provider undertakes to consider and treat as confidential all information concerning the Beneficiary's activities of which it may become aware, in writing or orally.
- The Service Provider undertakes never to disclose information concerning the Beneficiary to which it would have had access as a result of the performance of the contract, unless it is obliged to do so by court decision or administrative injunction.
3.2 - Obligations of the Beneficiary
During the execution of the contract, the Beneficiary undertakes to :
- strictly respect its rental schedules. The occupation of a practice room may under no circumstances extend beyond the reserved time. Any overrun will result in a 60-minutes period being charged to the Beneficiary's package. In the event of non-compliance with this obligation, the Supplier reserves the right to terminate the contract without notice. (see art. 4)
- take into account in their rental schedules the time required to set up in the practice room, as well as to tidy up and leave the office. The duration of the reservation must correspond to the occupation of the practice room and not to the duration of the treatment.
- book in advance on the online agenda any room occupancy.
- make separate reservations for each customer appointment, even if they are consecutive.
- do not leave intervals of less than one hour between two of his reservations, or if you do not, book the corresponding time slot. The Service Provider reserves the right to deduct from the Beneficiary's package all time slots of less than one hour left between two bookings.
- accept any change of practice room made by the Service Provider justified by operational requirements.
- keep the Supplier informed of any changes in its activity.
- contract a professional liability insurance.
- do not smoke in the Centre, do not use incense or products with strong odours without the prior agreement of the Service Provider, do not eat in the treatment rooms.
- respect the rules for the use of common areas, namely :
- maintain a calm and quiet atmosphere as much as possible.
- access to the kitchen is exclusively reserved for practising members and may under no circumstances be used as an office.
- the dishes made available must be washed, dried and stored after use.
- the use of street shoes is prohibited in the practice rooms, with the exception of room 1 "Mirage".
At the end of his daily activity in the Centre, the Beneficiary must have restored it to the state in which it was before he moved there and remedied all the damage attributable to him. Failing this, the cost of the repairs that the Service Provider has been forced to carry out shall be borne by the Beneficiary upon simple presentation of the invoices corresponding to the repair, as well as the loss of income corresponding to the period of closure of the practice room (25.-/h, 8h/day) necessary for its repair.
The Beneficiary expressly acknowledges and accepts that the contract does not confer any rights identical or similar to those conferred by:
- a lease agreement
- a sublease agreement
- a right of ownership of the Centre, including a commercial right of ownership.
4 - Termination of contract
In the event of a breach of its contractual obligations or conduct incompatible with the Beneficiary's normal use of a therapist's practice (noise pollution, damage, conflict with other persons present or any other reason deemed inappropriate), the Supplier may terminate this contract with immediate effect and block the Beneficiary's access to the Supplier's online agenda without the Beneficiary being able to claim any compensation from it.
In addition, in the event of unavailability of the spaces or Services for reasons not beyond the control of the Supplier, no compensation or reimbursement may be claimed.
No payment for the purchase of a package is refundable. Upon presentation of a medical certificate proving the Beneficiary's incapacity to practice for a specified period of time, the end date of a subscription or package will be extended accordingly.
5 - Cancellation
In case of cancellation of a reservation on the online agenda or by email, up to 24 hours before the appointment concerned, no fees will be applied on the hour packages (10h, 25h, 50h, 100h)
If the cancellation is communicated less than 24 hours in advance, the appointment concerned is deducted from the Beneficiary's package.
On half-day and full-day packages, the cancellation period is 7 days without charge. After this period, the package will be considered as used. As the computer system is configured with a cancellation period of 24 hours, the Service Provider reserves the right to manually deduct the package.
6 - Sublease / access to the Centre
The Beneficiary shall under no circumstances have the right to sublet the reserved office to a third party.
7 - Inventory of the situation
The furniture and equipment in its current condition shall be made available to the Beneficiary.
8 - Insurance
In the event of an accident, the Service Provider may under no circumstances be held liable for the Beneficiary's activity in the Centre. The Beneficiary is required to check the equipment made available to him before use.
The Beneficiary is solely responsible for his personal affairs or those of his clients, as well as for private equipment related to his activity at the Centre that he stores there. The Supplier declines all responsibility in the event of theft, loss or damage to the private equipment stored.
In the event of damage to the equipment and furniture made available to the Beneficiary, the latter shall be held liable or partially liable for the costs of repair or replacement. (see art. 3.2)
9 - Confidentiality
The Parties undertake to treat as confidential any information they may obtain under this contract.
10 - Liability of the Parties
The Service Provider declines any liability towards the Beneficiary due to the practice of its activity, loss or damage suffered by the Beneficiary or its clients in connection with this contract.
11 - Jurisdiction and applicable law
Except in the case of criminal offences and as a mandatory preamble, mediation will be used before going to court. For any dispute that may arise between the Service Provider and the Beneficiary concerning the interpretation, conclusion and execution of this contract and general conditions, and unless otherwise provided, the ordinary courts of the Canton of Geneva shall have exclusive jurisdiction, subject to appeal to the Federal Court in Lausanne.