Imprint

Company name:	H C M Immobilien GmbH
Management:	Andreas Schauer
Address:	Germaniastr. 20 80802 München
Tel.:	+ 49 (0) 89 – 19445
Fax:	+ 49 (0) 89 – 27322929
Email:	muenchen@homecompany.de
VAT-ID:	DE 265102254
Chamber:	IHK München
Supervisory authority:	Landeshauptstadt München Kreisverwaltungsreferat Amt für öffentliche Ordnung Gewerbewesen Ruppertstr.19 80313 Munich
Company registration number:	HRB 179 525
Register court:	Amtsgericht München

Disclaimer, privacy and copyright notice

 

1. ContentsThe contents of our website have been created with the utmost care. However, we assume no liability for the accuracy, completeness and up-to-dateness of the content. As a service provider, we are responsible for our own content on these pages in accordance with general legislation pursuant to Section 7 (1) of the German Digital Services Act (DDG). However, according to §§ 7 and 8 DDG, as a service provider we are not obliged to monitor transmitted or stored third-party information or to investigate circumstances that indicate illegal activity. Obligations to remove or block the use of information in accordance with general legislation remain unaffected by this. Liability on the part of the operator usually only arises from the moment that knowledge of a specific infringement is obtained. As soon as we become aware of such infringements, we will remove this content immediately.
2. Linking
   This website contains references to URLs of third-party websites (so-called links). As these are third-party websites, the operator has no influence on the content shown there and cannot accept any liability for this third-party content. The respective provider or operator of the website is always responsible for this content. The linked content was checked for any obvious conflict with applicable German laws at the time the link was created. At the time of linking, such obvious collisions were not recognisable. Permanent monitoring of the linked content is not reasonable without concrete evidence of an infringement. If the operator becomes aware of any legal infringements, he will remove the affected link immediately.
3. Copyright and Trademark Law
   The content provided by the operator on this website is subject to German copyright law. Reproduction, editing, distribution and any kind of utilisation outside the limits of copyright law require the written consent of the respective author or creator. This applies in particular to texts, images, graphics, sound, video or animation files, including their arrangement on the web pages. Reproduction or use of such pages (or parts thereof) in other electronic or printed publications and their publication (including on the Internet) is only permitted with prior authorisation; authorisation may be granted by the Executive Board (Imprint). The reprinting and evaluation of press releases and speeches is permitted provided the source is acknowledged. All brand names and trademarks mentioned on the website and possibly protected by third parties are subject without restriction to the provisions of the applicable trademark law and the ownership rights of the respective registered owners.

 

General Terms and Conditions for Landlords

1. Geltung

These GTC apply in addition to the form to be filled out with which the accommodation is offered.

 

 

2. Conclusion of contract

• In fulfillment of the agreement, the client will receive offers from prospective tenants with whom the client was not previously acquainted. This proof may be provided by telephone, in text form, or in writing. Despite all due care, no liability can be accepted for the accuracy or completeness of the information.
• The data of prospective clients is confidential and intended solely for the client. Disclosure to third parties requires the consent of HomeCompany. The original client remains the billing party unless otherwise agreed upon with HomeCompany. If the client is already aware of a prospective client, HomeCompany must be notified immediately, stating the source.
• HomeCompany must be notified immediately upon entering into a lease agreement (verbal or written) with any of the listed tenants.

 

 

3. Broker’s commission

Upon signing a lease agreement (whether verbal or written), a commission of up to 1.75 months’ rent, including applicable sales tax, based on the flat-rate rent specified in the offer, becomes due immediately.

If the landlord is offering the property for a lease term of less than 10 months, or if the tenant is seeking housing for a lease term of less than 10 months and the actual period of occupancy does not exceed 10 months, the commission is calculated according to the following scale:

Up to 3 months	55 % incl. 19% VAT
Up to 4 months	70 % incl. 19% VAT
Up to 5 months	85 % incl. 19% VAT
Up to 6 months	100 % incl. 19% VAT
Up to 8 months	120 % incl. 19% VAT
Up to 10 months	150 % incl. 19% VAT
Up to 10 months	175 % incl. 19% VAT

If the lease is extended beyond the originally agreed term, an additional fee will be charged in accordance with the above scale, up to a maximum total commission of 1.75 months’ rent, including VAT.

Lease term for the 10-month extension:>

If, upon expiration of the originally agreed lease term, a new lease agreement is entered into between the landlord and the tenant, thereby extending the tenancy by more than 10 months, HomeCompany is entitled to an additional commission equal to 100% of one month’s rent, including VAT. The additional commission becomes due upon the execution of the new lease agreement.

The commission fee covers comprehensive support for both the tenant and the landlord throughout the entire term of the respective lease. This includes, in particular, ongoing communication with the parties to the lease, assistance with organizational and lease-related matters, and general support for the tenancy throughout the entire lease term.

 

If, as a result of the lead, an additional transaction is concluded or a different transaction is concluded in place of the one originally intended, and if HomeCompany has identified or facilitated the opportunity to conclude that transaction, HomeCompany is entitled to the commission based on the transaction(s) that were concluded. The landlord is free to prove that the commission claim does not arise from this.

 

4. Permit to Rent

• If the landlord is not the owner of the residential space that is the subject of the contract, it is necessary for the landlord to obtain permission from his landlord for all or part of the subletting. The landlord is solely responsible for this. The Landlord undertakes vis-à-vis the Agency to offer the Agency only residential premises that are owned by the Landlord or for which the Landlord has previously obtained the Landlord’s permission to sublet.
• The landlord assures that the accommodation offered to the agency is not publicly subsidized or otherwise price-bound.
• If the Landlord is aware of ongoing or planned construction work on his rental property or on the building, HomeCompany must be informed promptly.

5. Notification of the conclusion of a rental agreement

If a rental agreement is concluded for a commissioned property, the agency must be informed immediately of the name and address of the tenant for forwarding to Schufa (see order form). This applies regardless of whether or not the agency has provided the landlord with proof of the interested party. Only the transmission enables the agency to check whether the contract was concluded on the basis of proof from the agency. 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 a lease after the end of the contract.

6. Photo and video material and processing of data of the commissioned objects

• The agency is entitled but not obliged to photograph or film the interiors of the commissioned objects and to use these photos or video recordings (hereinafter referred to as image material) to present the commissioned objects. This photographic material may be published on the Internet, among other places. Even if a rental agreement is not concluded, the agency shall be 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 by this.
• Insofar as the lessor provides photographic material relating to the commissioned property, the lessor shall grant the agency simple rights of use to the photographic material free of charge for the brokerage activity. The simple right of use extends to all actions necessary to present and disseminate the commissioned properties in the form of advertisements and exposés in print and online media. This also includes not naming the author and permission to mark the image material with a visible watermark or logo of the agency.

 

• The lessor warrants that the photographic material provided by him is free of third-party rights or that the lessor’s rights of use have been granted under the above-mentioned conditions. Should a claim be made against the agency for infringement of the rights of third parties in relation to the photographic material provided by the lessor, the lessor shall indemnify the agency against all reasonable costs associated with this.

 

7. Energy certificate

The landlord is aware of the obligation to reproduce the energy performance certificate in the exposé and advertisements. The landlord shall indemnify the estate agent against all claims arising from incorrect information or information not provided by the landlord in the course of brokering the property, insofar as the landlord has requested publication despite the lack of information.

 

8. Duration and termination of the order

The verification contract is for an indefinite period. It can be terminated by either party subject to a notice period of two weeks. Notice of termination must be given in text form.

 

9. Suspension of the contract of proof for 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.

 

10. Liability of the agency

• The agency only identifies opportunities to conclude rental agreements. The final selection of the tenant and the conclusion of the rental agreement are the responsibility of the landlord.
• The agency, 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. To the extent permitted by law, liability shall otherwise be limited to three times the value of the order. This does not apply to statutory liability under the Product Liability Act.

 

11. Schufa

The client authorizes the broker to obtain SCHUFA information. The broker has concluded a contract with SCHUFA for this purpose. In order for the broker to be able to fulfill its obligations to submit reports, the client undertakes to report the following information to the broker for the purpose of forwarding it to SCHUFA:

• Outstanding claim after enforceability following an effective termination in accordance with §§ 543 Para. 2 No. 3, 569 Para. 3 BGB or due to default of payment in accordance with § 573 Para. 2 No. 1 BGB
• If a claim has been reported to SCHUFA, the client also undertakes to report the settlement/settlement of this claim.
• Any processing or use of this information by the broker for purposes other than those stated is expressly excluded. The broker shall indemnify the client against all claims asserted against the client as a result of processing and use not in accordance with the purposes.

 

 

12. 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.

 

13. 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 agency’s registered office shall have exclusive jurisdiction, provided that the lessor 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.

 

14. 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.

They will not be passed on or sold for advertising purposes. Further details and the exact time periods can be found at http://datenschutz.homecompany.de.

 

 

 

 

 

 

General Terms and Conditions for Tenants

1. in fulfilment of the order, the client receives offers from housing providers that were previously unknown to him/her. This proof can be provided by telephone, in text or written form. Despite all care, no liability can be accepted for correctness and completeness.

2. H C M Immobilien GmbH, hereinafter referred to as HomeCompany, must be informed immediately of the conclusion of a rental agreement (verbal/written) for one of the advertised properties or with one of the advertised providers.

3. the details of the rental property are confidential and intended only for the prospective tenant. Disclosure to third parties requires the consent of HomeCompany.

4. 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 http://datenschutz.homecompany.de einsehen.

SCHUFA Clause for Rental Applications
I consent to the landlord transmitting data regarding the application for this rental agreement to SCHUFA Holding AG, Kormoranweg 5, 65201 Wiesbaden, and receiving information about me from SCHUFA.
Regardless, the landlord will also transmit data to SCHUFA regarding any outstanding claims against me (e.g., claim amounts following enforcement after a termination according to §§ 543 Abs. 2 Nr. 3, 569 Abs. 3 BGB or due to payment default under § 573 Abs. 2 Nr. 1 BGB). This is permitted under the Federal Data Protection Act (§ 28a Absatz 1 Sentence 1) if I have not fulfilled the owed performance despite its due date, the transmission is necessary to protect the legitimate interests of the landlord or third parties, and the claim is enforceable or I have explicitly acknowledged the claim.
Additionally, the landlord will also transmit data to SCHUFA regarding other non-contractual behavior (e.g., fraudulent or abusive conduct). These reports may only be made in accordance with the Federal Data Protection Act (§ 28 Absatz 2) if they are necessary to protect the legitimate interests of the landlord or third parties, and there is no reason to believe that the affected individual’s legitimate interest in preventing the transmission outweighs the need for it.
SCHUFA stores and uses the data received. Utilisation also includes the calculation of a probability value based on the SCHUFA database to assess the credit risk (score). It transmits the data received to its contractual partners in the European Economic Area and Switzerland in order to provide them with information for assessing the creditworthiness of natural persons. SCHUFA’s contractual partners are companies that bear financial default risks due to services or deliveries (in particular credit institutions as well as credit card and leasing companies, but also rental, trading, telecommunications, energy supply, insurance and debt collection companies). SCHUFA only makes personal data available if a legitimate interest in this has been credibly demonstrated in the individual case and the transfer is permissible after weighing up all interests. Therefore, the scope of the data provided may vary depending on the type of contractual partner. Darüber hinaus nutzt die SCHUFA die Daten zur Prüfung der Identität und des Alters von Personen auf Anfrage ihrer Vertragspartner, die beispielsweise Dienstleistungen im Internet anbieten.
Ich kann Auskunft bei der SCHUFA über die mich betreffenden gespeicherten Daten erhalten. Weitere Informationen über das SCHUFA-Auskunfts- und Score-Verfahren sind unter www.meineschufa.de abrufbar.
Die postalische Adresse der SCHUFA lautet: SCHUFA Holding AG, Privatkunden ServiceCenter, Postfach 10 34 41, 50474 Köln

6. the law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. Amendments and supplements must be made in writing. This also applies to the waiver of the written form requirement. There are no verbal agreements to this contract. If the client is acting as or for a merchant, Munich is agreed as the place of jurisdiction. Should one of these provisions be or become invalid, the remaining provisions shall remain unaffected.

Cancellation policy

Right of withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the day of the conclusion of the contract.
To exercise your right of withdrawal, you must inform us at

HomeCompany München

H C M Immobilien GmbH

Germaniastr. 20

80802 München

E-Mail: muenchen@homecompany.de

Fax: +49 89 27322929

of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You can use the attached sample cancellation form, but this is not mandatory.

To meet the cancellation deadline, it is sufficient for you to send your notification of exercising your right of cancellation before the cancellation period expires.

Consequences of cancellation

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees for this repayment.

If you have requested that the services should commence during the cancellation period, you must pay us a reasonable amount corresponding to the proportion of the services already provided up to the time at which you inform us of the exercise of the right of cancellation with regard to this contract compared to the total scope of the services provided for in the contract.

 

 

Cancellation form template

(If you wish to cancel the contract, please complete and return this form).

To:

HomeCompany München

H C M Immobilien GmbH

Germaniastr. 20

80802 München

E-Mail: muenchen@homecompany.de

Fax: +49 89 27322929

I/we (*) hereby cancel the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*):

Ordered on (*)/received on (*):

Name of the consumer(s):

Address of the consumer(s):

Signature of the consumer(s) (only for notification on paper)

Date

(*) Delete as appropriate.

End of the cancellation policy.