General terms and conditions for Searchers and Lessees

This English translation is merely a service for City-Wohnen Hamburg's foreign customers. The translation is expressly not an authoritative part of the contracts or documents. The German language and German law are decisive.

1. Commissioning
   1. As an apartment seeker, you commission City-Wohnen with the mediation of housing.
   2. You confirm that the information you have provided is current, complete and truthful.
   3. City-Wohnen provides you with housing offers that fit your search profile and enable you to contact lessors.
2. Duration and cancellation
   1. The commissioning is for an unlimited amount of time and is not ended by a rental.
   2. Either party can cancel the commissioning in written form at any time.
   3. All notification obligations and rights of use resulting from the following sections remain unaffected.
   4. If you cancel the commissioning, you declare that the offers you received did not lead to any lease agreement and that neither you, nor any other persons who were informed of the offers by you, will make any further use of the provided addresses in the future.
3. Notification and declaration obligation of the Lessee
   1. You agree to inform City-Wohnen immediately of the conclusion of a lease agreement.
   2. In cancelling the contract with City-Wohnen, you declare that no apartment was found through the marketing by City-Wohnen and that such an agreement will not be made.
   3. You agree to inform City-Wohnen immediately as soon as an extension of a lease is intended, at the latest one month before expiry of the initial lease period. It is irrelevant whether the lease will be continued under another name. This is particularly true when the lessee takes over a lease that was previously completed by an employer.
   4. You undertake to inform City-Wohnen immediately should a lessor offer you apartments other than those proposed to you by City-Wohnen, regardless of whether these apartments belong to the lessor.
4. Energy certificate
   1. Lessors must take into account the obligations arising from the Building Energy Act (Gebäudeenergiegesetz (GEG)). The lessee exempts City-Wohnen from all claims, in particular for possible legal costs resulting from either faulty information or information not delivered by the lessor.
5. Exposés
   1. City-Wohnen provides the lessee with detailed exposés which City-Wohnen created using the information provided by the lessor. City-Wohnen is not liable for any incorrect information or changes that occur after publication or transfer of the exposé.
   2. The all-inclusive rent is published in the exposé, regardless of whether the utility costs are listed as a lump sum or as an advance payment. Optional costs are listed separately.
6. Rights of use of photographic material and floor plans
   1. The copyright for the photographic material and floor plans provided by City-Wohnen belongs to City-Wohnen.
   2. It is strictly prohibited to link to, copy, save, or make the photographic material and floor plans available to third parties.
   3. City-Wohnen revises and digitalizes floor plans based on sketches or templates provided by the lessor. Floor plans are for the purpose of orientation of the premises. The floor plans are therefore mostly not to scale. Furniture and dimensions are not included. City-Wohnen is not liable for incorrect information.
7. Preparation of the lease agreement
   1. City-Wohnen draws up the Lease agreement and provides it to the contracting parties. The verification of the signatures is the responsibility of the contracting parties.
   2. Lessors can use their own lease agreement templates only after prior agreement with City-Wohnen.
   3. A copy of the lease agreement signed by both parties is provided to City-Wohnen without being requested. This also applies to extensions.
   4. City-Wohnen is not a contracting party to the lease agreement.
8. Credit check
   1. Should a lessor require a credit check (generally referred to in Germany as SCHUFA or Creditreform) before signing a lease agreement, City-Wohnen can request this for you. City-Wohnen will request a SCHUFA credit check and provide it to the lessor only with your permission.
9. Non-disclosure agreement
   1. Any disclosure of information provided to you by City-Wohnen about housing advertised by City-Wohnen, including personal data and contact details of the owner, is strictly prohibited. Should by this disclosure a lease agreement with a third party come into existence, City-Wohnen is entitled to a proper level of compensation.
10. Data protection
    1. City-Wohnen will treat your data confidentially and will only pass on your data to a third party if there is a connection with your commissioning of City-Wohnen.
    2. Likewise, the lessor’s data must be treated confidentially by yourself.
    3. City-Wohnen is obliged by law to keep your data for a specified period after expiration of the commissioning, in accordance with statutory provisions.
11. Limitation of liability
    1. City-Wohnen assumes that all data provided and published is correct and maintains their databank with the utmost care. However, City-Wohnen assumes no responsibility for the accuracy of the data. Changes to data can be carried out at any time.
    2. Claims for damages against City-Wohnen are excluded are excluded. The exclusion shall not apply in the case of intent, gross negligence, injury to life, limb or health, active negligence or strict liability. The limitation period for asserting a claim for damages is one year. The start of the limitation period is determined by the statutory regulations.
    3. As part of the lessor’s commissioning, the lessor assures City-Wohnen that all required permits and authorization to rent/lease or sublet exist. It is not possible for City-Wohnen to verify this. City-Wohnen assumes no liability for damages which arise from a lack of permits or authorizations.
    4. City-Wohnen assumes no responsibility for false information from lessors regarding personal data or features of the apartment.
    5. The liability of City-Wohnen is explicitly excluded for the case of: unsuccessful mediation, lack of appropriate apartments, or failure to conclude a lease.
    6. City-Wohnen assumes no liability for claims arising from the lease agreement.
    7. City-Wohnen is not responsible for the availability, content or accuracy of the websites to which they provide a link. Any use of linked websites is at your own risk.
    8. Google Maps is integrated into the website of City-Wohnen and its use is subject to Googles Terms of Service. City-Wohnen shall not be liable for violations of the Terms of Use by users of the website and liability claims for violations that are committed by the user are to be referred to the user.
12. Right to compensation in case of fraud or evasion
    1. In the case of fraud or evasion, City-Wohnen reserves the right to demand a proper level of compensation.
    2. In case of any prohibited disclosure to a third-party regarding housing data provided by City-Wohnen, City-Wohnen will claim damages if a successful brokerage by City-Wohnen was hindered due to the illegal disclosure.
13. Dual activity
    1. City-Wohnen is also entitled to work or to take action for the lessor – with or without charging a fee. In the case of dual activity, City-Wohnen is committed to impartiality.
14. Changes
    1. City-Wohnen has the right, at its sole discretion, to make changes to the terms and conditions, to the website, the application, or to the services at any time without prior notice.                                                                                                              
15. Participation dispute settlement procedure
    1. City-Wohnen Hamburg voluntarily agrees to participate in the dispute settlement procedure under the VSBG (Verbraucherstreitbeilegungsgesetz) - consumer dispute settlement act. The Allgemeine Verbraucherschlichtungsstelle - general consumers' dispute settlement office - (section 4 para. 2 clause 2 VSBG) of the Zentrum für Schlichtung e.V. - center for conciliation, www.verbraucher-schlichter.de
16. German law and place of jurisdiction
    1. German law applies to contracts from apartment seekers who commission City-Wohnen.
    2. The place of jurisdiction for apartment seekers with City-Wohnen is Hamburg provided the customer is a trader, a legal person under public law, a special fund under public law, or does not maintain a residence in Germany.

As of 2021.01.19