If the landlord suddenly gives notice

A termination can hit tenants of commercial premises hard. The law therefore protects them - just like residential tenants - against abusive termination and gives them the opportunity to extend the tenancy. By Patrick Strub, lic. iur., lawyer, legal expert and editor at Beobachter-Beratungszentrum.

Freedom of termination also applies in tenancy law: neither tenants nor landlords need a specific reason for a termination - only it must not be abusive. In addition, landlords must use an official termination form, otherwise their termination is null and void and has no legal effect.

If you as a tenant receive a formally valid termination, you can contest it within 30 days at the arbitration board in rental matters. The procedure is free of charge. All you need to do is send a registered letter to the conciliation authority in which you declare your intention to contest the termination, enclosing copies of the rental agreement and the notice of termination. Alternatively, you can use the form provided by the federal government (www.ejpd.admin.ch -> Topics -> State and citizens -> Civil procedure law -> Forms for party submissions). The authority at the location of the rental property is responsible (www.mietrecht.ch -> Conciliation authority).

The minimum notice period for commercial premises is six months. If you have a shorter notice period in your tenancy agreement, the six months still apply. Longer periods can be validly agreed. The termination dates are freely selectable in the contract: whether at the end of each month, each quarter, only once a year or even with a notice period of several years ("first terminable by") - anything is permitted. If the landlord terminates the contract with too little notice or on the wrong date, the termination is automatically - i.e. even without contestation - only valid from the next possible date.

The letter of termination must be received by you before the start of the notice period. If you do not accept it, it is normally deemed to have been delivered on the first day on which you could collect it from the post office. If you are unable to do so, for example due to vacation absence, it is deemed to have been delivered on the seventh and last day of the postal collection period.

A termination can be abusive - for example, if the stated reason for termination is pretextual, insignificant or vexatious or if the landlord's interest in terminating the tenancy is significantly less than the tenant's interest in continuing the tenancy.

Termination due to total renovation or because the landlord wishes to use the premises himself is generally permissible. The same applies if the landlord has an interested party who is close to him or who would only pay a higher rent - provided this rent is not abusive. If, on the other hand, the termination comes because you have asked the landlord to reduce your rent due to a defect, to repair the defective entrance door or to remove mold, then it is an abusive revenge termination.

In the event of a lawful termination, there is still a maximum extension of six years for commercial premises. To determine the duration, the tenant's interests are compared with those of the landlord. Normally, there is a good chance that the tenancy will be extended at least a little - unless you have massively breached your duties of care and consideration or have stopped paying the rent.

Book tip
Tenancy law
Moving, costs, termination - everything tenants need to know
256 pages, Fr. 34.-
7th, expanded and updated edition, 2010
ISBN 978 3 85569 429 7
Beobachter Publishing House

Do you need legal advice?
The Beobachter Advisory Center offers you and your employees expert advice by telephone on legal issues relating to your company - 6 months for just CHF 99. Order the consulting package for SMEs at www.beobachter.ch/kmu or 0800 83 0800.

Last but not least: Swiss advertiser in court over "Mosque Baba"

The Swiss advertising expert Alexander Segert and the FPÖ leader in Styria, Gerhard Kurzmann, have to answer for the anti-minaret game "Moschee-Baba" on October 14 in the Graz Regional Criminal Court.

Kurzmann is accused of incitement to hatred in connection with the online game. Segert developed the game. He is now co-accused. This was announced by the public prosecutor's office in Graz on Wednesday, according to SDA. The penalty for the offense of incitement to hatred is up to two years' imprisonment. In addition to punishing the two defendants, the public prosecutor's office has applied for the FPÖ Styria and the advertising agency to be fined.
"Moschee-Baba", the anti-minaret game with the title aimed to click away mosques, minarets and muezzins in order to collect points. The Styrian FPÖ developed the game together with Segert for the 2010 election campaign. He had already designed the campaign for a ban on minarets in Switzerland, which also used an internet game called "Minarett-Attack". The game served as a model for the Styrian version.
In Austria, the launch of the online game "Mosque Baba" triggered a wave of outrage. Segert himself announced that 100,000 people had taken part in the game within 48 hours. It obviously covers
a great need.

The trial has now been scheduled for one day, starting at 9.00 am.
 

Epica Awards: Online entry open

Entries for this year's awards can be submitted at Epica-awards.com from now through September 30, 2011. For the first time, entries are also being accepted in the categories «Branded Entertainment,» «Mobile Communications,» and «Social Networks.».

The jury is made up of journalists from 35 advertising trade magazines representing 29 European countries and the EMEA region. Especially for this year's 25th anniversary of the Epica Awards, silver and bronze winners will receive specially created crystal trophies instead of just a certificate as in the past. The results will be published on the Epica website at the end of November. The annual ceremony and creative conference will take place on January 20, 2012 in Ljubljana.

Denon and personally ambitious for the future

Werbewoche.ch wrote in its article of September 7, 2011 that Denon is becoming a pure consulting company. This is wrong: Denon is still a full-service agency specializing in corporate publishing. The Denon Group has been given the opportunity to correct this.

Denon Corporate Publishing and Persönlich Verlags AG are launching an ambitious offensive with a targeted development and expansion of future-oriented business activities. In future, Persönlich Verlags AG will utilize the potential of the leading business magazine for communication, "Persönlich", and the associated online platform Persoenlich.com even more systematically and consistently. Additional business areas and services in the communications and marketing community will strengthen the growth path of "persönlich".

To this end, the operational management structure will be strengthened with a new managing director for the specialist publishing house. Editor-in-chief Matthias Ackeret remains editor-in-chief, Roman Frank publishing and advertising manager.

As a full-service agency, Denon Corporate Publishing is strengthening its core competencies in conceptual consulting and strong content implementation, in print, online and film with production expertise in all areas. The repositioning is linked to the appointment of a new management team for corporate publishing, design and online publishing. Denon Corporate Publishing is positioning itself as a competent and innovative service provider for sophisticated and customized corporate media from a single source.

As CEO ad interim, Beat Schaller is mandated to focus all strengths and competencies on customer needs and market developments. As part of a repositioning process, four new attractive positions are currently being created at the media company in Rapperswil. The vacancies are already being advertised on various platforms.
 

"Manage freely!" by Formeldrei

The Sporthilfe Super10Kampf will transform Zurich’s Hallenstadion into a giant circus arena on Friday, November 4, 2011. Formeldrei has staged the Swiss Sports Aid Foundation’s annual highlight with a full circus theme.

Advertisements and various print measures were realized. These will be used from July to September. Under the motto "Manege frei!", stars from sport and show business will once again compete in the Hallenstadion arena this year in many unusual games.

Responsible at Formeldrei, Bern: Moritz Adler (CD), Simon Seidel (graphics), Marco Mesot (consulting/concept), Jeanine Hochueli (consulting). Responsible at the Swiss Sports Aid Foundation: Marcel Brönnimann, Madlaina Schaad (Communication).
 

Earn money with content and apps

The days when readers took out annual subscriptions to publications seem to be over. Today, content must be presented in a multimedia format and available for purchase in bite-sized portions. The future belongs to cleverly structured, clearly positioned offerings that also include specific small applications. Hansres Emch, co-founder of the Adliswil-based marketing and communications agency Polytrop, knows how to make money from content.

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From now on, every third issue of Werbewoche will feature our new technology column, written by technology expert Hansres Emch. Do you have any questions or suggestions? Then send an e-mail to [email protected] or [email protected].

Our publication morsel captivates in the basis by a clearly aligned content concept with unique, sensibly graded cross-media areas and topic-specific applications. The reader immediately perceives these tasty and coherent content morsels as added value. Our publication morsel has long since had to be more than just a landing page for the entire cream slice. Functions such as an automatic shopping list directly from the recipe, a personalizable allergy barometer, or a personal mushroom guide look good in the respective package offer - unless you are presenting daily news or fiction. Coherent additional benefits in the form of small applications increase the sexiness of any publication. A good example of this are the infographics of 20 Minuten. So please don't stop at the flip page catalog.

Cross-media interactions

In general, let's say goodbye to scrolling. Gesture controls open up new spheres of content handling. Intuitively guided content zones can already be animated, compared or navigated separately. And that's just the beginning. Offering 3D user guidance in specialist formats and teaching materials in the future (examples: http://bit. ly/qLwcSf, www.bjork.com) is not only of educational value.

Content enjoyment with microbilling and hybrid apps

Readers want to be able to "consume" their publication morsels in just a few steps. So content packages must be easily accessible, enjoyable at any time, and easy to purchase. Just like in the Appstore. The time of native apps will soon be over. In the future, hybrid apps will simplify all kinds of applications (www.phonegap.com).

Content marketing

We know who consumed our publication morsel, when, with which device and how, and often we even know where. These are interesting facts that help us to create offers that are even more specific, meaningful, user-friendly and attractive. The feedback data obtained can be finely granulated according to the needs of marketing - and should therefore be given the rating "valuable" at least in the medium term.

Last but not least: Technology

The interactive possibilities opened up by sensors in mobile devices are many and varied: infrared interfaces for control processes, projection panels, integrated identification processes and filter functions will bring publication, interaction and control processes even closer to the product. And readers will initiate the personalized production process via their pad. So these are golden times for technology pioneers. 6 from 10
Romands are
 

Ending the blind flight

Amid the social media boom, social media monitoring is gaining importance—Swiss services have been launched.

Even those who are not courting fans and followers on Facebook and Twitter can hardly avoid at least passively observing the social media world. Social media monitoring (SMM) can be used to track comments about your own brand as well as your dear competitors. It is often more important - and more productive - to observe dialogues on industry-relevant topics in order to identify important trends at an early stage. And if you are just planning your own social media presence, you can gain important information for a promising approach.

What Zeynep Sayin, Head of www.books.ch at Orell Füssli Book Retailing Ltd, says is likely to apply to many companies: "Our presence on Facebook has developed into a lively communication platform with our customers within a short space of time. As this is a new platform for us, we are following developments closely and learning from them. Facebook is a testing ground that could develop, but it is not yet a cornerstone of our communication strategy. That is why we have not yet defined any detailed targets." Meanwhile, internationally oriented companies are often further ahead. Marcel Härtlein, Head of Online Properties at KPMG AG Switzerland, reports that there is continuous monitoring for important channels such as Twitter, Xing, LinkedIn, Facebook, etc., and that social media key figures have been defined and integrated into conventional marketing reporting.

As the Werbewoche survey on this topic also showed, there is no silver bullet when it comes to social media monitoring, and there are no clear frontrunners when it comes to the tools used (for a comprehensive overview: http://wiki.kenburbary.com/). Says Christoph Zumbühl, consultant and member of the management board at Ulmann +Partner: "We use Google Analytics to track social media as part of our campaigns. The tool provides a good overview and allows us to draw conclusions." Other free tools were also frequently mentioned in the survey. The often combined use of such free tools is obvious at the beginning of a social media engagement. This allows initial insights to be gained and requirements for solutions to be defined for the next step. For example, KPMG-Härtlein talks about expanding monitoring in the coming months and using a high-end solution such as Radian 6, Sysomos Heartbeat etc. to generate standard reports.

In line with the emerging professionalization of social media monitoring in Switzerland, service providers have launched SMM solutions tailored to the Swiss market since the end of the summer vacations. For example, the market leader in media monitoring, Argus der Presse AG. It has announced that its International Internet Monitoring (IIM) service will not only monitor over 20,000 websites in more than 170 countries, but also over 50,000 Swiss Twitter accounts and publicly accessible Facebook content from German, French and Italian-speaking countries, as well as more than 4,500 Swiss blogs. And the company Netbreeze, which focuses entirely on social media monitoring, has launched the Social Media Report, an SMM product geared towards Swiss SMEs.

Whether free tools, professional solutions or external providers: The effort involved in social media monitoring should by no means be underestimated. The search results must be constantly checked and the search terms constantly adjusted. This is particularly time-consuming in the trilingual Swiss domestic market, especially as the colloquial language that is commonplace on the Internet often has to be taken into account. In addition, the comparatively small Swiss market is not very productive. Anyone searching for well-known Swiss brand names on Twitter, for example, will often only find a few current entries - even with more complete professional tools, the gain in knowledge is unlikely to be significantly greater. If, on the other hand, not only the brand name but also trends are monitored in foreign markets, the opposite is often the case: SMM tools quickly produce a large amount of data that requires in-depth analysis. Depending on which channels are used with which intentions - customer loyalty, customer service or brand awareness, for example - different key performance indicators will need to be defined in each case. Ultimately, the art and the real challenge lies in understanding the individual metrics in the dynamic environment of the company and its markets in such a way that they can contribute to the continuous optimization of business processes.

It is about factors like these:
Enthusiasm: How many blog posts, web comments or mentions on social media sites did a topic trigger?
Dissemination: How quickly does a discussion spread online?
Leader: Who are the opinion leaders for our own topics and how can we reach them?
Frequency: Which topics come up how often in online discussions about a particular brand?
Demographics: Which demographic groups (location, gender, age, etc.) are reached and to what extent do these match the target groups?
Share of attention: What share of attention does your own brand have compared to competitors on a topic across all channels (share of voice)?
Setting: How do consumers react to a topic? Certain analysis tools recognize the emotional mood of statements about a topic, so-called sentiment analysis.
Scope: How many social media posts (blog entries, forum discussions, tweets, etc.) does it take to reach an impact threshold?
Value: What sales contribution does an online conversation about a specific product or brand make?

These and similar assessment criteria are part of the preliminary stages of social media monitoring and analytics, which is currently being echoed in the USA in particular. According to local industry experts, the development of the social media market in Switzerland is two to three years behind schedule. It is therefore only a matter of time before campaigns with a central focus on social media become ubiquitous here too. Then the need for concrete measurement criteria for monitoring and control will increase. Comprehensive SMM solutions will become indispensable in many places and will often be integrated into business processes in the sense of social CRM (see Werbewoche 14/12.8.2011, page 19). As there are no reliable user figures for Twitter and Facebook, it is to be hoped that the insights gained in this way will at least be partially disclosed in the industry. Although good SMM solutions can put an end to flying blind, only those who can compare themselves with others know their own cruising altitude. Christoph J. Walther

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(WE Media Audience Data)

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10 years "Only an advertisement can do that"

The best way to promote ads is through ads. The basic idea is the same as it has been for the past 10 years. But the new call for proposals also includes some new features. For example, a briefing event.

In the beginning, it was advertising agencies. They were commissioned to think about the advantages of advertisements. The resulting templates were used by publishers in large numbers. Each advertisement not only promoted advertisements, but also the agency in question. According to a statement from the Swiss Media Association, the ideas for these advertisements came primarily from the young creatives in the agencies. This gave the association the idea of organizing "Only an ad can do that" as a competition for creatives up to the age of 28. The prize for the winners: substantial prize money and the commission to realize their work (for a fee). The crowning glory is an unforgettable experience made possible by Publimedia: participation in bestYET, a two-day and two-night creative competition in a major European city.

For the first time, the competition has a special motto. It is expressed in a lengthy quote from Ira Glass, an American producer and radio presenter. The quote can be found in the call for entries www.das-kann-nur-ein-inserat.ch.

You can now choose to submit ideas for individual subjects or for a campaign of 3 to 4 subjects. In addition, the briefing has almost no restrictions. And there is now a briefing event on the program - so that you can find out all the essentials at first hand and get answers to all your questions: on 2 November 2011 in Zurich. Register by October 28, 2011 at [email protected]

The jury members
The majority of the jury is made up of young creatives who have already shown what they can do: Isabelle Hauser, multiple winner of "Das kann nur ein Inserat", recently appointed Art Director at Ruf Lanz, Diana Rossi, ADC member, recently appointed Creative Director at Spillmann/Felser/Leo Burnett, Patrick Ryffel, multiple winner of "Das kann nur ein Inserat" and other competitions, recently appointed copywriter at Philipp und Keuntje in Hamburg. Other jury members are Stefan Erhart, who as Head of Brand Management Switzerland at Swiss Life is responsible for the current "Wendesätze" campaign, and Michael Seiler as representative of the Swiss Media Association. The jury president is Andreas Prokesch, the long-standing chairman of the ADC judging panel.

"Only an advertisement can do that" is supported by Keystone, Art Directors Club ADC Switzerland, ASW Allianz Schweizer Werbeagenturen, BSW Swiss Leading Agencies, Script, SW Schweizer Werbung, Werbewoche, Cominmag.ch (media partner) and Publimedia (bestYET), Swissprinters Zofingen.

The dates
- Briefing event November 2, 2011
- Closing date December 1, 2011
- Award ceremony December 13, 2011
- bestYET in Oslo May 10-12, 2012

 

A new TV era begins with hybrid TV

Thanks to the connection with the Internet, the one-way medium of television is becoming a dialog medium that also opens up completely new perspectives in the commercial sector. However, the path to the new age is full of hurdles. This was shown by the demonstrations and presentations at the first IGEM Technology Update in Bern. By Ueli Custer.

Hofer communicates for the largest private hospital in Bern

In Berne, the private hospitals Lindenhof, Sonnenhof and Engeried have merged to form the largest private provider in the canton. Hofer has taken the right approach to communicating with the various stakeholder groups.

The mandate included advice on the strategic approach and subsequent implementation of the individual measures. The media work met with a broad, positive response both regionally and nationally (online, print, radio, TV), as the agency writes in a press release.
 

SFLB: Lovely stands up for Swissmilk

In the SFLB's latest milk commercial, Swiss mountaineer Stefan Siegrist realizes that others are climbing the mountain faster than he is: as he begins his ascent of a large rock face, the dairy cow Lovely is grazing there.

Lovely then surprises Siegrist again and again because she has somehow overtaken him. Which makes it crystal clear who comes out on top in the end. Milk makes you strong, that's the motto of the commercial.

Stefan Siegrist is one of Switzerland's best-known alpinists. The Bernese climber has achieved first ascents on all seven continents and climbed the north face of the Eiger 27 times - the most famous of which was the 33-hour live broadcast on Swiss television.

Responsible at Swissmilk/Swiss Milk Producers: Charlotte Hofstetter (Head of Marketing), Martin Rüst (Head of Advertising & Media), Olivia Etter (Project Manager Advertising Milk). Responsible at Spillmann/Felser/Leo Burnett: Dan Strasser, Johannes Raggio (Creation), Martin Spillmann (CD), Fabienne Schoberth, Pam Hügli (Consulting), Suzana Kovacevic (Art Buying). Production: Pumpkin Film, Zurich. Director: Adam Hashemi.

 

Spiked: We know nothing - and can laugh about it

"Werbewoche" editor Anne-Friederike Heinrich on scientists, their studies, and their superfluous findings.

When I'm bored, which rarely happens, I read a study. Studies quickly bring me up to date with the latest knowledge and are very entertaining - because the new knowledge is usually so useless that it amuses me. In the "Journal of the European Economic Association", scientists published the results of their long-term survey "Socio-Economic Panel". Since 2004, these gentlemen, including researchers from the University of St. Gallen, have surveyed more than 20,000 people (that's why it took so long) and found out: Men are more daring than women, tall people are more willing to take risks than short people, those who have parents with A-levels are more likely to take risks, and those who take risks are more satisfied than fearful natures. "Oh no!", Loriot would say. And if a woman is taller than her husband, but his parents have A-levels and hers don't, which of the two is more willing to take risks? Exactly, the study does not answer the really important questions.

Study 2 by TNS-Emnid and Congstar is also disappointing on closer inspection: Men are more versatile than expected, according to the results. They could not only watch football, but also drink beer and eat potato chips on the side. Well done. A real development since Neanderthal times. In addition, 68% of men surf the internet on their smartphones while the game is on, 60% listen to the radio or CD while doing so and 52% make phone calls while watching the game. Of course, they use their smartphones to search for the score they missed. They have forgotten to switch off the radio and don't realize that it is still on. And on the phone, they respond to the question "Are you actually listening to me?" with the words "hmmmm - ... - what?" after ten minutes of listening to their girlfriend's shopping report. Why a study when experience is enough? Study 3 at least, carried out by Friedrichshafen marketing professor Peter Kenning, fills us with hope: men are more often addicted to shopping than we thought. Well, finally some good news. Shopping addicts have a money biography (a wonderful word) and find it difficult to suppress their desire to shop. Where exactly these men are to be found, of course, the study again gives no information, because those affected feel ashamed and try to hide their addiction. Don't worry, guys, get in touch with me! We can go shopping together. But I'll tell you what to buy!

A study by the Telekom Laboratories Creative Center tells us that uneducated or lazy people write emails in small letters. Wait a minute, objection. Writing emails in lower case is probably more efficient for most people who are not so skilled at typing than paying attention to upper and lower case letters. And you can make a lot of money from spelling mistakes. In any case, Google makes good money with typosquatting: the search engine recognizes search queries despite various typos and redirects searchers to the correct website. So if you search for Fcaebook or Faacebok, you still end up on Facebook. And the company pays for it. So it's not bad at all to be wrong. At least not for Google.

And then there's this wonderful study that shows that car drivers have bigger feet than non-car drivers - which is simply because car drivers are generally over 18 years old and therefore have bigger feet than a five-year-old or an eleven-year-old. In Zurich, people are saying that in future their feet will be measured if they want to buy an SUV. You can no longer get one under shoe size 44. Because SUVs, as you can see every day, require special driving skills. And a big, heavy lead foot is the best guarantee of this.

Who says study results have no relevance for everyday life?
 

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