General Terms of Business for Lessors of Housing Space

1. Scope of the GTB

In regard of the legal relationship between the lessor as provider of housing space and the HomeCompany-Agency (Agency) solely these GTB are applicable.

2. Subject of the contract

The lessor charges the Agency to provide evidence about prospective tenants (Service Contract) for one or more housing spaces (Objects). The opportunity to conclude a tenancy agreement provided by the Agency is free of charge for the lessor. In the case of lessor and a prospective tenant provided by the Agency enter into a tenancy agreement, the tenant must pay a commission to the Agency. The commission amount is regulated in the current commission schedule.

3. Permission to let

If the lessor is not the proprietor of the housing space, it is necessary that he obtains the consent of his lessor for the subletting of the housing space. For the permission to sublet the housing space the lessor is solely responsible. The lessor is obliged to offer housing spaces solely if he is the proprietor or he has obtained consent for subletting of such housing spaces.

The lessor is committed to offer solely housing spaces, which are not public subsidized or price maintained flats that are or will be completed ready for occupancy after the day of 20 June 1948. Furthermore the lessor is permitted to offer flats, which are subsidized pursuant §§ 88d and 88e of the German Second Housing Act (Zweites Wohnungsbaugesetz) or pursuant to the German Act regarding the social subsidization of housing space (Wohnraumförderungsgesetz), as long as the social commitment is valid. This prohibition includes also the subletting of single rooms of such subsidized flats.

4. General notice obligations

The lessor is obligated to give the Agency notice without undue delay in the following cases:

The parameters of the offered housing space are changed (price, time period, interior, availability).
The lessor is absent for a longer period.
A tenancy agreement is prolonged.

5. Notice about the conclusion of tenancy agreement

When the lessor is entering into a tenancy agreement about an Object, he has to inform the Agency about the name and address of the tenant without undue delay. This obligation must be obeyed regardless, if the tenant has contacted the lessor via the Agency or not. The notice enables the Agency to prove, if the conclusion of the tenancy agreement is grounded on the services of the Agency. The lessor must inform the prospective tenants about the necessity and purpose of such transfer of data. The obligation of the lessor to give notice about the tenant, who rents the Object, expires twelve month after the tenancy agreement is terminated.

6. Photos and videos of the Object and processing of data regarding the Object

The Agency is entitled but not obligated to take pictures of the interior and to produce video footage of the interior and to use such pictures and videos (Presentation Material) for the presentation of the objects. The Agency is authorized to publish such Presentation Material on the internet or other media. Furthermore the Agency is allowed to retain, process and use the contact data of the lessor, the address of the Object, the corresponding Presentation Material and exposés for a period of one year from the termination of the Service Contract for its own contractual purposes, regardless if a successful procuration of a tenancy agreement has taken place or not. Retaining obligations pursuant to statutory provisions remain unaffected.

In case of the lessor providing Presentation Material he grants simple usage rights to the Presentation Material free of charge for the purpose of accomplishment of the Service Contract. The simple usage rights contain all activities that are necessary for the presentation of the Objects in advertisements and exposés regarding to print and online media and the further distribution thereof. The usage rights contains the use of the Presentation Material without designating the author and to earmark the Presentation Material with a visible watermark and logo of the Agency.

The lessor must provide the Presentation Material unencumbered of rights of third persons. In case of the Agency is claimed by third persons relating to the infringement of such rights of third persons, the lessor is obliged to indemnify and hold harmless the Agency.

7. Termination of the Service Contract

The Service Contract is concluded without a limit of time. The contract can be terminated by both parties with a notice period of two weeks. The termination notice must comply to text form (email, telefax, postal letter).

8. Rest of the Service Contract

The successful let of the Object doesn’t terminate the Service Contract. The Service Contract rests until the termination of the current tenancy agreement.

9. Liability of the Agency

The Agency, legal representatives and persons whom the Agency uses to perform an obligation of the Agency are not liable for ordinary negligence, unless the damage results out of an injury to life, body or health or is based on a breach of an essential contractual obligation.

10. No liability for tenants

The Agency solely gives opportunities to conclude a tenancy agreement with a prospective lessee. The lessor is solely responsible for the choice of the tenant and the conclusion of the tenancy agreement.

11. Miscellaneous

Modifications or supplements to the Service Agreement shall be in writing and duly signed by both parties to become legally binding. The above provision also applies to the amendment of this clause.

If parts of the Service Agreement are, or become invalid, the validity of the agreement as a whole shall not be affected. The parties are obligated to substitute invalid clauses by valid regulations that come as close as possible to the economic intent of the invalid ones.

12. Applicable law and venue

Governing law of this contract is solely and exclusively German law.

Regarding all disputes arising in connection with this agreement or its validity the courts at the domicile respectively the registered office of the Agency have got exclusive jurisdiction, if the lessor is a merchant, a juridical person governed by public law or a public special property with domicile respectively registered office in Germany. Furthermore the courts at the domicile respectively the registered office of the Agency have got exclusive jurisdiction, if the lessor is a businessman with its domicile respectively registered office in the European Union outside Germany or in Norway, Swiss or Iceland.