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Terms and conditions

Terms and conditions

Terms and conditions of House & Room housing providers

1. Purpose
As a housing provider you commission House & Room Privatzimmervermittlung (HR), to provide you with tenants for your rental properties or a property for the purpose of renting. By using the housing provider HR you entitle the company to use photos from offered rental properties for use in the provided service and other online publications, without giving the exact address.

2. Our Services
>> Photographing of the room, apartment, house, etc.
>> Advice on the rental pricing structure
>> Creation of exposés and coordination of professional photo shoots
>> Contemporary marketing of the property
>> Insertion of listing on our homepage and various other property portals
>> Registration, pre-selection and preliminary talks with possible buyers
>> Coordination of viewings
>> Obtaining of credit reports of tenants
>> Lease preparation (tested for short-term Rentals)

3. Costs
Starting on the 1st of June 2015, upon successful mediation following a service charge from housing providers, House & Room will charge service fees for housing providers calculated based on length of rental Agreements.

2 months – 40% + 19% VAT. = 46.6% of the monthly rent
3 months – 60% + 19% VAT. = 71.4% of the monthly rent
4 months – 70% + 19% VAT. = 83.3% of the monthly rent
5 months – 80% + 19% VAT. = 95.2% of the monthly rent
6 months – 90% + 19% VAT. = 107.1% of the monthly rent
7 months – 100% +19% VAT. = 119% of the monthly rent
8 months – 110% + 19% VAT. = 130.9% of the monthly rent
9 months – 120% + 19% VAT. = 142.8% of the monthly rent
10 months – 130% + 19% VAT. = 154.7% of the monthly rent
11 months – 140% + 19% VAT. = 166.6% of the monthly rent
12 months & longer – 150% + 19% VAT. = 178.5% of the monthly rent


With all unfurnished rentals House & Room charges a 150% commission plus VAT for a total of 178.50% of the monthly rent. House & Room provides the housing provider with a suitable lease installment. The total sum of the partial payment does not exceed the total fee. The basis for calculating the service charge is based on a fixed rental rate including costs. The service fee is due immediately after the conclusion of the lease and provided to the housing provider either orally or by written contract. No service fees shall be refunded if the lease is terminated prematurely. With terminations met by our guidelines, all additional service fees paid, will be refunded.

Additional services to be paid
Energy certification
Consumption certificate: 60 € including 19% VAT
Performance certificate: 70 € including 19% VAT

The sale of apartments and houses include a commission of 4% plus VAT for a total of 4.76% of the purchase price. By request, House & Room Privatzimmervermittlung will assume all mediation and additional support services (such as transferring and performing inventories of property, final cleaning and staging of the property for sale, etc.). The charges incurred are based on de facto costs.

4. Approval of rental agreement
If the housing provider is not the owner of the contractual living space, it is necessary that the housing provider obtains written permission for the whole or partial subletting of the property from the landlord. In this matter, the housing provider is liable. The housing provider is obligated to provide House & Room with proof of ownership and/or permission to sublet.

5. Duty to inform
In order to work successfully for you, House & Room Privatzimmervermittlung requests that you inform us when:

>> When you meet with a potential tenant
>> A rental agreement was reached, either orally or in written form
>> When rental agreement details have been adjusted (price, rental period, equipment, etc.)
>> An extension of the lease is intended, at the latest one month before the expiration of the initial lease period. After which House & Room Privatzimmervermittlung will advertise and offer the property again
>> When you are away for an extended period of time
>> If the rental contact person has changed
>> When the rental property is no longer available

The housing provider is also obliged to inform House & Room Privatzimmervermittlung if the aforementioned offer no longer exists. Particularly if it has been rented to someone else without the involvement of House & Room Privatzimmervermittlung. In this case the source is to be reported through which the contract came about. The housing provider agrees to provide the name of the lessee and the user, regardless of whether the mediation is carried out by House & Room Privatzimmervermittlung.
All subsequent orders from a successful mediation are to be reported to House & Room Privatzimmervermittlung. Violations of this obligation are liable for damages.

6. Photographic and/or Film Materials
House & Room Privatzimmervermittlung is entitled, yet not obliged, to photograph the interiors of the property offered, or to film and use said materials to present the offered property. House & Room Privatzimmervermittlung is authorised to publish this material via the internet. If the housing provider provides their own photos/film footage, assuming the housing provider is entitled to do so, House & Room will be free of any damage claims of third parties.
 
7. Energy Performance Certificate
The housing provider is aware of the obligation to obtain/provide energy certificates in the Exposés and in all advertisements of said property. The housing provider assures that House & Room Privatzimmervermittlung is not held liable for any and all claims resulting from faulty and/or non delivered information in connection with all rental agreements. Specifically in regard to any and all possible legal fees incurred.

8. Duration and Termination
The length of your contract is unlimited and not completed by the termination of a specific rental. However, the property provider may cancel in writing at any time.

9. Severability Clause
If any provision or part of any provision of these terms and conditions are or become invalid or unenforceable, the validity or enforceability of the remaining terms and conditions shall not be affected. If possible any invalid provision within this agreement will be modified to reflect the original intention of House & Room Privatzimmervermittlung.

10. Disclaimer
House & Room Privatzimmervermittlung merely provides the opportunity of a rental contract. Despite all efforts, House & Room cannot be held liable for any damages that occur through the rental agreement. By appointing House & Room Privatzimmervermittlung, the housing provider agrees to the terms and conditions listed in this Agreement.

Gerichtsstand Amtsgericht Uelzen
28th of May, 2015


General Terms and Conditions for tenants


1. Subject Matter
1.1 The client is looking for a property whose detailed requirements arise from the accommodation request.
1.2 The customer provided House & Room Privatzimmervermittlung with proof of appropriate rental properties or with the mediation and signing of a lease.

2. Rights and Obligations of House & Room
2.1 House & Room operates under no Obligation.
2.2 House & Room may source outside assistance so long as this leads to no additional costs for the customer.

3. Rights and Obligations of the Customer
3.1 The customer is entitled to commission multiple listings alongside each other. They retain the right to proceed without the intervention of the agent to conclude a lease.
3.2 The customer is obligated to inform House & Room immediately of any circumstances that affect the implementation of the brokerage. This is especially true with regard to the task or the change in rental Intention.
3.3 The customer is obligated to inform House & Room in writing when any property listed by House & Room can additionally be found via outside sources. If the customer fails to report and then enters a contractual agreement via third party, House & Room reserves the right to claim damages.
3.4 The customer is obligated to notify House & Room immediately upon the conclusion of a lease and on the first request to provide a completed copy of a lease.

4. Commissions
4.1 The customer undertakes payment to House & Room a commission in the sum of 178.5% of the fixed monthly rent (including the statutory sales tax), if the lease (orally or in written form) into existence as a result of the detection or as a result of mediation by House & Room. This applies only if House & Room exclusively, on the basis of this brokerage contract in accordance with § 6 paragraph 1 WoVermittG from housing providers, or has obtained from another person entitled to order that evidence or mediated room or apartment to offer the client and does not provide any additional services for the housing provider. If the rental is for a rental period of less than 12 months, House & Room Privatzimmervermittlung in accordance with the following commission table a corresponding share of the full costs incurred in commission invoices. The total claim in the sum of 1.785 months' rent is retained. Other shares and the balance of the commission under the commission table provided by House & Room invoiced when the lease on the initially lying under 12 month rental periods.

Costs

Up to 1 month - 20% + 19% VAT. = 23.8% of the monthly rent
2 months – 40% + 19% VAT. = 46.6% of the monthly rent
3 months – 60% + 19% VAT. = 71.4% of the monthly rent
4 months – 70% + 19% VAT. = 83.3% of the monthly rent
5 months – 80% + 19% VAT. = 95.2% of the monthly rent
6 months – 90% + 19% VAT. = 107.1% of the monthly rent
7 months – 100% +19% VAT. = 119% of the monthly rent
8 months – 110% + 19% VAT. = 130.9% of the monthly rent
9 months – 120% + 19% VAT. = 142.8% of the monthly rent
10 months – 130% + 19% VAT. = 154.7% of the monthly rent
11 months – 140% + 19% VAT. = 166.6% of the monthly rent
12 months & longer – 150% + 19% VAT. = 178.5% of the monthly rent


With all unfurnished rentals House & Room charges a 150% commission plus VAT for a total of 178.50% of the monthly rent.

4.2 The authoritative estimated rent in accordance with Clause 4.1 is that of the lease of the House & Room certified or negotiated housing provided.
4.3 The commission claim by House & Room is due upon conclusion of the lease and is effective upon certification or negotiated housing provided by House & Room. This is applicable even if the conclusion of the lease, is effective only after the broker contract, but due to the actions of House & Room.
4.4 The commission claim by House & Room applies also to a natural or legal person who is either close to or has a permanent legal or personal relationship with the customer. Specifically when the customer attempts to evade his obligation to pay remuneration on grounds of that relationship.
4.5 If the customer violates the duty of confidentiality pursuant to paragraph 6, and then closes the informed party of third parties an agreement on the rental detectable by House & Room, the customer owes the commission, as if they had entered into said agreement itself.

5. Duration and Termination
5.1 The brokerage contract is concluded for an indefinite period and may be terminated by either party without notice with immediate effect.
5.2 Notice of termination must be presented in writing.

6. Confidentiality
The parties undertaking services offered by House & Room must treat all information and knowledge obtained under this broker agreement confidentially and are contractually obligated to not deliver information to third parties.

7. Privacy Policy
The customer agrees that House & Room information, arising out of this agreement or as a result of the contract execution, collection, processes and uses of, conveys to potential housing providers the required amount.

8 Final Provisions
8.1 When both parties are merchants all legal repsonsibilities occurring from this contractual agreement are subject to the Jurisdiction of Uelzen. 
8.2 No other agreements or implied conditions were made orally or in writing. Any alterations or additions to this contract must be made in writing, including the writing clause itself.
8.3 If any provision of the agreement is invalid or unenforceable, future valid or enforceable provisions shall remain unaffected. In leu of the invalid or unenforceable provision, both parties attest to a valid provision will come into effect that will provisionally legal and as economically similar as possible. The same applies to the filling of gaps in this contract.

Gerichtsstand Amtsgericht Uelzen
28th of May, 2015

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info@house-and-room.de
Tel.: 0581-9488593

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