General Trade Conditions (AGB) General Trade Conditions (AGB)

I. Preface

House & Room Private Room Service offers its service to people who are interested in accomodations (called “client” in the following) and people who want to offer accomodations (called “offerer” in the following) on the following terms.

The Allgemeine Geschäftsbedingungen may be looked at under the internet address www.house-and-room.de

II. Object of the Business

The client charges House & Room with the procuring of an accomodation according to his descriptions in the procuring order form.

III. Tenancy Agreement

The tenancy agreement is exclusively concluded between the client and the offerer. House and Room is not involved in this conclusion. Only the offerer is responsible for it. The agreed considerations like rent and security have to be paid in advance directly to the offerer. A different kind of payment needs a particular agreement.

IV. Liabilities of the Client

The client agrees to inform House & Room immediately about the letting of an accomodation, also in case of non-letting. The client agrees not to transmit the addresses he has got from House and Room to a third party. If despite unauthorized transmission of the offers a tenancy agreement with a third party is made the client is obliged to pay damages to House & Room to the amount of the whole commission. A commission like above will become due again in case of a repeated stay at the same letter. House and Room has to be informed about a reletting of the object.

V. Description of the Object

The letter supplies House & Room with the description of the object. Liability for the completeness and the correctness of the description cannot be taken (by House & Room) unless the uncompleteness and /or the uncorrectness are based on intent or gross negligence of House & Room. House and Room makes its offers exclusively with reservation, because the letting of an object in the meantime cannot be excluded. There is also no liability for the immediate fulfilment readiness of the letter. This exemption from liability, too, is not valid in case of intent or gross negligence.

VI. Cancellation and Modification

Cancellations and modifications have to be made in writing through Houe & Room. A cancellation free of charge is not possible on principle. If a reletting cannot be realized, the cancellation fees amount to 100 % of the invoice sum. In case of non-observance of the tenancy agreement (oral or in writing) House & Room insists on the whole commission. If the tenant removes before the end of tenancy, no claims for restitution can be made against House & Room.

VII. Commission

If a tenancy agreement is settled (oral or in writing), the commission for House & Room becomes due immediately. The commission is calculated according to the graduation listed below. In case a tenancy agreement is not realized no commission is charged. A commission will be charged if a tenancy agreement is settled with conditions deviating from the offer; or if the economical success aimed at is reached by a tenancy agreement about an alternative accomodation of the party to the agreement shown by House & Room. House & Room calculates the commision according to the period of tenancy:

*plus 19 % turnover tax for the incurring commission.

For unfurnished apartments, the commission is 150% plus 19% VAT of the monthly rent.

VIII. Payment

The commission invoice is due immediately after receipt and before the beginning of the tenancy period without deduction. If the invoice shows a date of payment, payment has to be settled by this date. If the date of payment overlaps the date of arrival, the commission invoice has to be paid immediately and must be proved by a bank confirmation. House & Room is authorized to refuse the letter the use of the accomodation, if the amount agreed upon is not paid in time. If House & Room does not succeed in procuring the accomodation elsewhere for the period booked by the tenant, the tenant has to pay 100 % of the invoice sum.

IX. Severability Clause

If an agreement or a part of an agreement of these Allgemeine Geschäftsbedigungen (General Trade Conditions) is or becomes ineffective, the validity of these Allgemeine Geschäftsbedingungen is not touched for the rest. An appropriate arrangement which comes nearest to the desired purpose has to be made in place of the ineffective term

House & Room

The special kind of letting