ZEITWOHNEN HANNOVER - Terms and Conditions for Landlords
General terms and conditions for landlords and providers
of the agency Zeitwohnen Hannover, owner Thomas Kühn, Berliner Allee66, 30175 Hannover (AGBs).
1.1. The landlord commissions Zeitwohnen Hannover (contractor) with the marketing of one or more properties for the purpose of renting and pays them a commission if a rental contract is concluded through their evidence or brokerage.
1.2. The lessor's order must be in writing in order to be effective.
1.3. The verification and placement order is unlimited and is not terminated by the successful placement of a tenant.
1.4. The order can be terminated by either party at any time and without observing a notice period. The termination must be in text form.
2. Activity of the commissioned agency
2.1. Zeitwohnen Hannover publishes an apartment exposé with photos on www.zeitwohnen-hannover.de and on other relevant real estate portals after approval by the landlord. There is no entitlement to the publication of the synopsis on a specific portal. The landlord's contact details will not be published.
2.2. Zeitwohnen Hannover establishes the contact between prospective tenants and the landlord and provides the rental agreement if required.
2.3. Depending on the agreement with the landlord, Zeitwohnen Hannover takes on the implementation of viewings, tenant examinations (self-assessment, Creditreform) and apartment handovers. This service is free of charge for the landlord.
3.1. When renting to a tenant proven by Zeitwohnen Hannover, the landlord pays a commission. It amounts to 1,5 months rent (150%) including VAT and is due upon conclusion of the rental agreement. The calculation is based on the all-inclusive rent including all ancillary costs.
3.2. Zeitwohnen Hannover grants a voluntary graduation on the total commission in the sense of an installment, depending on the rental period, according to the following table:
|Rental period in months up to||2||3||4||5||6||7||8||9||10||Max.|
|Retail prices Agency fees in% of one month's rent incl. 19% VAT||30%||45%||60%||75%||90%||105%||120%||135%||150%||150%|
The maximum commission is reached with a rental period of 10 months.
3.3. The commission is billed on a daily basis. In the event of early termination by the tenant, the commission for rental periods that have already been billed but for which no rental is paid will be refunded.
3.4. In cases in which the basic rent is based on the commission, the landlord pays a one-off commission of 200% of the rent (including VAT) to Zeitwohnen Hannover. A provisional graduation is not granted in this case.
4. Obligation to provide information
4.1. When concluding a rental contract, the commissioned agency must be informed immediately, at the latest on the next working day. If there is no lease or rental agreement or if the brokerage contract is completed for other reasons, the client undertakes to notify the contractor of this. At the same time, he declares that there has been no lease contract with any of the interested parties mediated by Zeitwohnen Hannover and that he will not have a lease contract for at least two years that can be traced back directly or indirectly to the agency's verification or brokerage activities, will complete.
4.2. Zeitwohnen Hannover has the right to inspect a concluded rental agreement.
4.3. The landlord also undertakes to inform Zeitwohnen Hannover immediately, at the latest four weeks before the end of the original rental period, if an extension of the rental contract beyond the original period has been agreed.
5. Obligations during the marketing phase by Zeitwohnen Hannover
5.1. For the duration of the verification and mediation order, the landlord undertakes to inform the agency if the apartment is being offered in parallel by another agency or privately on the market. He also undertakes not to go on the market with a rental price other than that communicated to the agency.
5.2. The landlord undertakes not to create a link to the synopsis published by Zeitwohnen Hannover in the media and on the Internet, provided that this link is intended to enable leasing independently of Zeitwohnen Hannover. In the event of a violation, Zeitwohnen Hannover can demand appropriate compensation for the lost commission.
6. Eligibility to rent
6.1. If the landlord is not the owner of the apartment, he assures that he is expressly authorized to sublet. The landlord is liable to the agency and the proven tenant for all costs that arise from unauthorized subletting.
7. Rights to photo, video and floor plan material
7.1. The agency retains the copyright to the photo and floor plan material created by Zeitwohnen Hannover. It is entitled to publish this material on the Internet and to use it for its own advertising purposes.
7.2. The landlord's own photos are only used as an exception, only after consultation and free of charge for Zeitwohnen Hannover for the synopsis. The landlord has no right to publish his own photos in the exposé of Zeitwohnen Hannover.
8.1. The data of the landlord and the apartment (name, contact details, apartment details) are treated confidentially by Zeitwohnen Hannover and only passed on to prospective tenants or their representatives or agents who want to rent an apartment through Zeitwohnen Hannover.
8.2. The landlord undertakes to treat the data of prospective tenants (name, contact details, information about the employer, etc.) received from Zeitwohnen Hannover as confidential and not to pass them on to third parties.
9. Maintaining customer protection
9.1. If the agency has already established contact between a prospective tenant and the landlord, further inquiries from this prospective tenant for additional tenancies (e.g. other employees or new rental periods) must be communicated by the landlord to Zeitwohnen Hannover immediately. A commission obligation arises if the inquiries relate to apartments that the agency has already proven to this interested party. There is also a commission obligation if the rented rental property essentially corresponds to the proven property in terms of size, standard and price.
9.2. A change of tenant while maintaining the original tenancy does not release you from the commission obligation, as does the assumption of the tenancy by the previous tenant. This applies under the condition that the total commission of 200% including for the brokerage of a certain rental property has not yet been reached.
9.3. The landlord undertakes to treat the data of the prospective tenants named by Zeitwohnen Hannover confidentially and not to pass them on to other landlords, regardless of whether they are offered by Zeitwohnen Hannover or not. In the event of a violation, the landlord is liable for the commission that Zeitwohnen Hannover has lost due to the unauthorized disclosure of the data.
10. Limitation of Liability
10.1. Zeitwohnen Hannover is not liable for the absence of a prospective tenant who is ready to sign a contract.
10.2 The rental contract obligations are the responsibility of the landlord and tenant alone. Zeitwohnen Hannover is not a party to the rental agreement and is not liable to any of the contracting parties for any claims arising from the rental agreement. Zeitwohnen Hannover is not liable for damage to the rented property resulting from the rental or breach of contract by the tenant.
10.3. Zeitwohnen Hannover assumes no liability for the creditworthiness or incorrect information provided by the prospective tenant. Zeitwohnen Hannover is expressly excluded from any liability in the event that leases fail.
11. Severance clause
Should one of the above provisions be or become ineffective in whole or in part, this shall not affect the validity of the remaining part of the provision or the remaining provisions. Landlords and Zeitwohnen Hannover undertake to apply a regulation in place of the ineffective provision that comes closest to what was originally intended and does not run counter to the request for proof.
12. Applicable law and place of jurisdiction
12.1. German law applies to the lessor's request for proof.
12.2. The place of jurisdiction for requests for evidence from landlords is Hanover, provided the landlord is a merchant or a legal entity under public law or is domiciled outside of Germany.
These General Terms and Conditions come into force on June 1st, 2015 - as of May 15th, 2015