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Searcher

general business terms for searchers

Definitions
City-Wohnen: City-Wohnen Immobilien und Beratung GmbH Berlin (City-Wohnen Berlin) and/or City-Wohnen Immobilien und Beratung Hamburg (City-Wohnen Hamburg) depending on with which agency the registration form has been completed. 
City-Wohnen Berlin: City-Wohnen Immobilien und Beratung GmbH Berlin
City-Wohnen Hamburg: City-Wohnen Immobilien und Beratung Hamburg e.K.
Agency: City-Wohnen Berlin or City-Wohnen Hamburg
Tenant: Potential tenant from City-Wohnen or a representative of the tenant 
Rental Contract: Rental agreement, both verbal and in writing.
Apartment: Residential space, includes house or other forms. Multiple residential spaces also included.
All-Inclusive rent: Monthly rent including all additional utility costs.

 

  1. Commissioning
    1. As a person seeking housing 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, which fit your search profile and enables you to make contact with landlords.
       
  2. Duration and Cancellation
    1. The commissioning is for an unlimited amount of time and is not ended by a rental.
    2. The commissioning can be cancelled in textform by either party at any time. The rights of use that arise from § 4.3, §§ 6.1, 6.2 and 6.4, § 8.1, § 10, § 11.2 and §13 remain unaffected.
    3. If you cancel the commissioning, you thus declare that the offers you received did not lead to any rental contract 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. Costs
    Unless otherwise agreed with you, the service is free of charge for those seeking housing.
     
  4. Rental Contract
    1. City-Wohnen draws up the rental contract for your rental, based on a legally approved rental contract. City-Wohnen provides the individual contract to the rental parties. The verification of the signatures is the responsibility of the rental parties.
    2. The landlord can use their own rental contract template only if prior notice has been given to City-Wohnen.
    3. A copy of the rental contract signed by both parties is provided to City-Wohnen without being requested. This also applies to extensions.
    4. City-Wohnen is not party to the rental contract.
       
  5. Credit Check
    Should a landlord require a credit check (generally referred to in Germany as SCHUFA) before signing a rental contract, City-Wohnen can request this for you. A credit check will be requested City-Wohnen only with your permission and provided to the landlord.
     
  6. Information Obligations of the Tenant
    1. You undertake to inform City-Wohnen immediately of the conclusion of a rental agreement, regardless whether the rental agreement was brokered by City-Wohnen or not.
    2. You undertake to inform City-Wohnen immediately as soon as a single or repeated extension of the 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 tenant takes over a lease that was previously completed by the employer.
    3. If you have previous knowledge from other sources about a property which we offer, 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.
    4. You undertake to inform City-Wohnen immediately should a landlord offer you more apartments than those proposed to you by City-Wohnen, regardless of whether these apartments belong to the landlord.
       
  7. Exposés
    1. City-Wohnen provides the tenant with a detailed exposé which City-Wohnen created using the information provided by the landlord. 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.
       
  8. Photographs and Floor Plans
    1. The copyrights for the photographs and floor plans provided by City-Wohnen belong to City-Wohnen. Linking to, copying, or saving the images and floor plans, as well as providing them to third parties, is strictly prohibited.
    2. City-Wohnen revises and digitalizes floor plans based on sketches or templates provided by the landlord. 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.
       
  9. Energy Certificate
    City-Wohnen informs landlords of the obligations of the German Energy Savings Ordinance as it pertains to the information published in exposés. The tenant exempts City-Wohnen from all claims, in particular for possible legal costs resulting from either faulty information or information not delivered by the landlord.
     
  10. Non-Disclosure Agreement
    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 rental contract with a third party come into existence, City-Wohnen is entitled to a proper level of compensation.
     
  11. 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 landlord’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.
       
  12. 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. As part of the landlord’s commissioning, he assures City-Wohnen that all required permits and authorization to rent 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.
    3. City-Wohnen assumes no responsibility for false information from landlords regarding personal data or features of the residence.
    4. The liability of City-Wohnen for the case of unsuccessful mediation, for lack of appropriate apartments, or for a rental contract falling through is explicitly excluded.
    5. City-Wohnen assumes no liability for claims arising from the rental agreement.
    6. 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.
    7. 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.
    8. Claims for damages against City-Wohnen are excluded unless they are founded on malicious aforethought or gross negligence or, in the case of 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.
       
  13. 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.
       
  14. Dual Activity
    City-Wohnen is also entitled to work or to take action for the landlord – with or without charging a fee. In the case of dual activity, City-Wohnen is committed to impartiality.
     
  15. Changes to the Terms and Conditions
    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 the changes have been read by you.                                                                                                                         
  16. Participation dispute settlement procedure

    City-Wohnen Berlin and City-Wohnen Hamburg voluntarily agree to participate in the dispute settlement procedure under the VSBG (Verbraucherstreitbeilegungsgesetz) - consumer dispute settlement act. The Allgemeine Verbraucherschlichtungsstelle - general consumers' office - (§ 4 para. 2 clause 2 VSBG) of the Zentrum für Schlichtung e.V. - center for conciliation, www.verbraucher-schlichter.de

  17. German Law and Place of jurisdiction
    1. German law applies to contracts from seekers of housing who commission City-Wohnen.
    2. Place of jurisdiction for seekers of housing with City-Wohnen Berlin is Berlin and place of jurisdiction for seekers of housing with City-Wohnen Hamburg is Hamburg, unless the client is a trader or a corporate body organized under public law, or does not have a place of residence in Germany.

As of 2017.03.01
 

 

 
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