General Terms and Conditions Landlord
1. validity
These General Terms and Conditions apply exclusively between the landlord as the accommodation provider and Local Home GmbH & Co. KG, hereinafter referred to as HomeCompany.
2. conclusion of contract
(1) In fulfilment of the order, the client shall receive offers from prospective tenants who were not previously known to him/her. This proof can be provided by telephone, in text or written form. Despite all due care, no liability can be assumed for correctness and completeness.
(2) The data of interested parties are confidential and intended only for the client. Disclosure to third parties requires the consent of HomeCompany. The original client remains the invoice holder, unless otherwise agreed with HomeCompany. If an interested party is already known to the client, HomeCompany must be informed immediately, stating the source.
(3) The HomeCompany must be informed immediately of the conclusion of a rental agreement (verbal/written) with one of the announced tenants.
(4) If, on the basis of the evidence, an additional transaction is concluded or another transaction is concluded instead of the originally intended one, and if the HomeCompany has proven or brokered the possibility of concluding this transaction, the HomeCompany shall be entitled to the commission according to the transaction(s) concluded. The landlord is free to prove that the commission claim does not result from this.
3. broker’s commission
(1) Upon conclusion of a tenancy agreement (verbal/written), a commission amounting to a maximum of 2.40 months‘ rent incl. VAT will be charged. 19% VAT of the rent stated in the offer is due immediately. If the property is offered by the landlord for a rental period of less than 16 months, or if the prospective tenant is looking for a rental period of less than 16 months and the actual rental period is less than 16 months, a commission of 15% of the monthly rent will be charged for each commenced month rented, up to a maximum of 2.40 monthly rents including 19% VAT.
(2) The calculation basis is the flat-rate rent, unless the landlord charges the ancillary costs separately in accordance with the Operating Costs Ordinance. Subsequent changes to the amount of rent or ancillary costs have no influence on the calculation of the commission claim.
(3) Premature termination of the tenancy shall not give rise to any claims against the HomeCompany. HomeCompany’s claim to the full agency fee due under the original rental agreement remains unaffected by this.
3 (4) Unfurnished
A one-off commission of 150% of one month’s rent plus VAT is charged by the landlord for the brokerage of an unfurnished apartment.
3 (5) Sale
When selling a property, an equal broker’s commission is payable by the seller and the future buyer if the buyer is a consumer (Section 656c BGB).
The broker is permitted to carry out commissionable activities for both the seller and the buyer (so-called dual brokerage).
The seller and buyer pay an equal commission to the estate agent.
The estate agent agrees a commission of 2.5% plus 19% VAT with the seller and the potential future buyer.
4. exclusive order
The Homecompany will create an exposé (incl. photos and 360 degree presentation) and place the offer on the Internet at its own expense. In return, the HomeCompany will receive a sole mandate for at least 3 months from the desired start of the rental period. If the landlord rents out the apartment without the HomeCompany before this period expires, the HomeCompany reserves the right to charge the landlord an expense allowance amounting to 3 monthly rates of the agreed commission.
5. permission to rent
(1) If the landlord is not the owner of the residential property that is the subject of the contract, the landlord must obtain permission from his landlord to sublet all or part of the property. The landlord is solely responsible for this. The Landlord undertakes vis-à-vis HomeCompany to offer HomeCompany only residential premises owned by the Landlord or for which the Landlord has previously obtained the Landlord’s permission to sublet.
(2) The Landlord warrants that the residential premises offered to the HomeCompany are not publicly subsidised or otherwise price-bound and may be let for less than 6 months at a time.
6. notification of the conclusion of a rental agreement
If a rental agreement is concluded for a contract property, HomeCompany must be informed immediately of the name and address of the tenant for forwarding to Schufa (see order form). This applies regardless of whether the HomeCompany has provided the landlord with proof of the interested party or not. Only the transmission enables the HomeCompany to check whether the contract was concluded on the basis of proof from the HomeCompany. The tenant must be informed by the landlord of the necessity and purpose of this data transfer. The obligation to name the respective tenant of the commissioned property shall continue to apply for a period of 12 months from the end of this contract in the event of letting after the end of the contract.
7. photo and video material and processing of data of the commissioned objects
(1) The HomeCompany is authorised but not obliged to photograph or film the interior of the commissioned objects and to use these photos or video recordings (hereinafter referred to as image material) to present the commissioned objects. This image material can be published on the Internet, among other places. Even if a tenancy agreement is not concluded, HomeCompany is entitled to retain the Landlord’s contact details, the address of the commissioned property, the associated photographic material and exposés for a period of one year after termination of the contract and to process them for its own contractual purposes. The obligation to retain data under other laws remains unaffected.
(2) Insofar as the Landlord provides photographic material relating to the commissioned property, the Landlord shall grant HomeCompany simple, free-of-charge rights of use to the photographic material for the brokerage activity. The non-exclusive right of use extends to all actions necessary to present and disseminate the commissioned objects in the form of advertisements and exposés in print and online media. This also includes not naming the author and permission to label the image material with a visible watermark or logo of the HomeCompany.
(3) The Landlord warrants that the image material transmitted by him is free of third-party rights or that the rights of the Landlord to use it have been granted under the above conditions. If a claim is made against HomeCompany for infringement of the rights of third parties in relation to the image material provided by the Landlord, the Landlord shall indemnify HomeCompany against all reasonable costs incurred in connection therewith.
8. energy certificate
The landlord is aware of the obligation to reproduce the energy performance certificate in the exposé and advertisements. The Landlord shall indemnify HomeCompany against all claims arising from incorrect information or information not provided by the Landlord in connection with the brokerage of the property, insofar as the Landlord has requested publication despite the lack of information.
9. duration and termination of the order
The verification contract is open-ended. It can be cancelled by either party subject to a notice period of 4 weeks. The cancellation must be in text form.
10. suspension of the verification contract in the event of letting
The letting of the commissioned property does not terminate the contract of proof. Rather, the verification contract is suspended until the end of the current tenancy.
11 Liability of the HomeCompany
(1) HomeCompany only provides evidence of opportunities to conclude rental agreements. The landlord is responsible for the final selection of the tenant and the conclusion of the tenancy agreement.
(2) The HomeCompany, its employees and legal representatives are therefore not liable for simple negligence, unless injury to life, limb or health of a person is affected or the damage is based on the breach of a material contractual obligation. In the event of a breach of an essential contractual obligation due to simple negligence, the amount of liability shall be limited to three times the order value, unless life, limb or health are affected. This does not apply to statutory liability under the Product Liability Act.
12th Schufa
The client authorises HomeCompany to obtain SCHUFA information. HomeCompany has concluded a contract with SCHUFA for this purpose. In order for HomeCompany to be able to fulfil its existing obligations to submit reports, the client undertakes to report the following information to HomeCompany for the purpose of forwarding it to SCHUFA:
(1) Outstanding claim after titling following an effective cancellation in accordance with §§ 1 and 2 of the German Civil Code. §§ 543 Abs. 2 Nr. 3, 569 Abs. 3 BGB bzw. wegen Zahlungsverzug nach § 573 Abs. 2 No. 1 BGB
(2) If a claim has been reported to SCHUFA, the client also undertakes to report the settlement/settlement of this claim.
(3) Any processing or use of this information by HomeCompany for purposes other than those mentioned is expressly excluded. HomeCompany shall indemnify the client against all claims asserted against the client as a result of processing and utilisation not in accordance with the purposes.
13 Collateral agreements and severability clause
Amendments and collateral agreements must be made in writing. This also applies to an amendment of this clause.
Should any part of these GTC or the verification contract be or become invalid, the remainder of the contract shall remain valid. The parties undertake to replace the invalid provisions with provisions that come closest to the original intention.
14 Choice of law and place of jurisdiction
This contract shall be governed exclusively by German law.
For disputes arising in connection with this contract or its validity, the courts with local jurisdiction for the registered office of HomeCompany shall have exclusive jurisdiction, provided that the Landlord is a merchant, a legal entity under public law or a special fund under public law with its registered office in Germany. The exclusive jurisdiction of the aforementioned courts is also agreed if the lessor is an entrepreneur based in the European Union outside Germany, Switzerland, Norway or Iceland.
15. data protection notice
The data provided will be stored in accordance with data protection regulations, taking into account tax and accounting obligations as well as supreme court rulings on commission claims. The data will not be passed on or sold for advertising purposes. Further details and the exact time periods can be found at privacy policy.
