City-Wohnen: City-Wohnen Immobilien und Beratung Hamburg e.K.
Lease agreement: Rental agreement, both verbal and in writing
Lessor: Lessor, housing provider or his/her representative
Lessee: Lessee, apartment seeker or his/her representative
Apartment: Residences such as apartment, house or similar
Rent: All-Inclusive rent, including all additional costs
- You, the lessor, are commissioning City-Wohnen with the marketing and mediating of your apartment for the purpose of rental.
- City-Wohnen, agency for temporary living, will market your apartment in the customary manner and facilitate the contact between you and prospective lessees.
- In the case of a successful brokerage, you will pay the service fee to City-Wohnen.
- Obligations of the Lessor
- You confirm that all your details are complete, correct and up to date at all times.
- As a lessor you are obliged to observe all laws and regulations concerning letting the apartment and to provide City-Wohnen with all necessary documentation.
- You assure City-Wohnen explicitly that you are entitled to let, or sublet, the entire apartment or part thereof as the case may be.
- You agree to inform City-Wohnen immediately if you are offering your apartment through other sources, especially if you are offering it at a different price.
- Duration and Cancellation
- The commissioning is for an unlimited amount of time and does not end by a rental.
- Either party can cancel the commissioning in written form at any time.
- All notification obligations and rights of use resulting from the following sections remain unaffected.
- Energy Certificate
You are aware that City-Wohnen must publish all energy parameters from the current energy certificate of your apartment. You release City-Wohnen from all claims, in particular for possible legal costs, resulting from either faulty information or information not delivered by the Lessor.
- With the help of the binding information provided by yourself, City-Wohnen creates a detailed exposé in German and English
- The exposé details are considered binding and serve as the template for marketing the apartment and for the lease agreement drawn up by City-Wohnen.
- City-Wohnen reserves the right to reject requests for changes to the exposé.
- 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.
- City-Wohnen publishes an object description, including street name, images and a floor plan (if available) on www.city-wohnen.de and on other relevant real estate portals. Neither your contact information nor the house number will be published. A right to the advertisement or publication of your exposé on certain portals does not exist.
- You agree, for the duration of the commissioning, not to advertise your property in those media and internet portals in which City-Wohnen advertises. You agree, in particular, not to create any type of link to any media or other website leading to the published exposé and/or photos and/or floor plan from City-Wohnen.
- Photographic material and floor plans
- The copyright for the pictures and floor plans created by City-Wohnen belongs to City-Wohnen. City-Wohnen is entitled to publish this materiel and to use it for their own purposes.
- It is strictly prohibited to link to, copy, save, or make the photographic material and floor plans available to third parties.
- City-Wohnen shall decide on the necessity of creating as well as the selection of the photographic material for the exposé.
- 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.
- Notification and declaration obligation of the Lessor
- You agree to inform City-Wohnen immediately, and without being requested to do so, to declare the name of the lessee once a lease has been agreed, regardless of whether in your opinion this rental was brokered through City-Wohnen or not.
- If you cancel the contract with City-Wohnen, you declare that no lessee was found through City-Wohnen’s marketing and that no such an agreement will be made in the next twelve months.
- You commit to inform City-Wohnen immediately when an extension of the lease is imminent, at the latest one month before expiry of the initial lease.
- You commit to inform City-Wohnen as soon as important details concerning the apartment or contact change, if no viewings are possible, as well as of any other circumstances that could stand in the way of a successful brokerage.
- You commit to inform City-Wohnen immediately should lessees or prospective lessees known to you through City-Wohnen enquire for third parties or for other rental periods.
- You commit to inform City-Wohnen immediately there are plans for construction work in the building or in adjacent buildings that may affect the rental.
- If you have previous knowledge from other sources about a prospective lessee proposed by us, this previous knowledge should be disclosed to us within three days. Otherwise you are obligated by way of compensation for damages to reimburse those expenses which arise due to your leaving us in ignorance of the existing previous knowledge.
- Client protection
- You agree to let only the apartment(s) commissioned through City-Wohnen to prospective lessee(s) provided to you by City-Wohnen. In case of non-compliance, you are liable for the maximum fee.
- You commit to not pass on to other lessors’ data regarding prospective lessees that have been provided by City-Wohnen. In case of non-compliance, you are liable for the maximum fee.
- The maximum fee is also due if a prospective lessee or current lessee provided by City-Wohnen contacts you on behalf of a third-party potential lessee and this contact results in a lease agreement. This is especially relevant in regards to company customers and customers who are looking for an apartment on behalf of a third party. The fee is also due if the lessee of a lease agreement remains the same, but the apartment occupant changes. This could be the case, for example, for different company employees and their families, or if the apartment occupant / company employees and their families remain, but the parties change in the lease, or if a new lease is drawn up for the apartment occupant.
- Preparation of the Lease agreement
- 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.
- Lessors can use their own lease agreement templates only after prior agreement with City-Wohnen.
- A copy of the lease agreement signed by both parties is provided to City-Wohnen without being requested. This also applies to extensions.
- City-Wohnen is not a contracting party to the lease agreement.
- In the case of a successful brokerage, the lessor must pay a service fee to City-Wohnen according to the attached table of fees.
- City-Wohnen offers partial payments based on the rental period, which are to be regarded explicitly as installment payments. The total claim is thereby always maintained and claimed when the rental period is extended. The total sum of installments will not exceed the total fee. If the total sum of the partial payments at the completion of the rental period is less than the total claim, City-Wohnen will waive the difference, taking into account the rules in §11.6.
- The basis for calculation of the fee is the all-inclusive rent including all utilities.
- In exceptional cases, where the basis for calculating the fee is the net rent, a fee of 200% of the basic rent plus VAT is due. A scale with partial payments will not be offered in this case.
- The fee is due immediately after the conclusion of the lease - be it oral or in writing - irrespective of the move-in date.
- If a lease is terminated prematurely, no fees will be refunded. In the case of an ordinary termination, overpaid fees will be refunded.
- Right to compensation or service fees
- City-Wohnen and lessees mediated by City-Wohnen have a right to a proper level of compensation for all costs incurred by an unauthorized rental.
- City-Wohnen has a full right to the service fee in the case of fraud and/ or evasion.
- City-Wohnen is entitled to a proper level of compensation, should a Lease agreement that is ready for signature, fall through due to false information provided by the lessor. False information is to be understood as, in particular, the amount of rent or furnishings.
- City-Wohnen is fully entitled to the service fee if prospective lessees mediated by City-Wohnen rent a different apartment from the lessor. It is irrelevant whether this apartment is in the portfolio offered by City-Wohnen.
- City-Wohnen can demand reasonable compensation for lost fees if you rent your apartment through another source at a lower rental price than your offer with City-Wohnen without giving prior notice that your apartment is being offered at a lower price through other sources.
- Data protection
- City-Wohnen will treat your data confidentially and will only pass on your information to a third party in the interest of marketing your apartment.
- Likewise, the lessor must treat the data from potential lessees confidentially.
- City-Wohnen is obliged by law to keep your data for a specified period after expiration of the commission, in accordance with statutory provisions.
- Limitation of liability
- 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.
- Claims for damages against City-Wohnen 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.
- City-Wohnen is not liable
- for the case of unsuccessful mediation, for lack of prospective lessees, or for the failure to conclude a lease agreement.
- for claims arising from the lease agreement, i.e. non payment of rent, for damages to the leased property or for damages arising from the breach of contract by the lessee.
- for any damages or claims arising from an unauthorized rental.
- for the creditworthiness of, or for false information from, the interested lessee.
- for the constant availability of, and changes to, its website.
- 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.
- for the functioning of the real estate portals where their ads appear.
- Credit check
- City-Wohnen offers the possibility to conduct a SCHUFA-credit or Creditreform check, if possible.
- Lessors who commission City-Wohnen with the marketing of apartment, agree to a SCHUFA-credit check under the following terms: • You authorize City-Wohnen to organize the credit check. For this purpose City-Wohnen has a contract with the Credit Check Institution “SCHUFA” • In order for City-Wohnen to fulfill the contractual requirements to the "SCHUFA", you are required to provide the following information a) Outstanding debts for title claims arising after an effective termination in accordance with German Civil Code (BGB) section 543 para. 2 Nr. 3, section 569 para. 3 or due to default of payment in accordance with German Civil Code (BGB) sections 573 para, 2 Nr. 1. b) If a debt is reported to SCHUFA, you are obliged to inform SCHUFA when the debt has been settled. The processing or use of this information by City-Wohnen for other purposes than those stated is expressly excluded. City-Wohnen releases you from all claims which are asserted against you from processing and use not in accordance with the purposes.
- Dual activity
City-Wohnen is also entitled to work or to take action for the potential lessees - with or without charge. In the case of dual activity City-Wohnen is committed to impartiality.
- Changes to the Terms and Conditions, Webseite and Services
City-Wohnen has the right, at its sole discretion, to make changes to the terms and conditions, to the site, the application, or to the services at any time without prior notice. Changes will be posted on the website and you will be notified by e-mail. If you continue to use our services or you do not object within 2 weeks after notification, it will be deemed as consent. It is irrelevant whether you have read the changes.
- Participation dispute settlement procedure
City-Wohnen 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
- German law and place of jurisdiction
- German Law applies.
- Place of jurisdiction is Hamburg, unless the lessor is, a legal person under public law, a special fund under public law, or does not maintain a residence in Germany.
As of 2020.01.10