General Terms and Conditions

General Terms and Conditions of ISF GmbH / wohnref erlangen for Offerers

1. Order
   1. The landlord (Client) charges ISF GmbH / wohnref erlangen (Contractor) with renting out one or several furnished / unfurnished objects and shall pay a commission fee to it if its documentation or agency work leads to conclusion of a rent contract.
   2. The order / contract shall commence on the day of signature and shall end by written termination by one contracting partner. Current contracts / leases shall continue. The claim to the agency fee shall not be affected and shall continue while a tenant provided by Contractor is living in a residential object of Client.
   3. The documentation and agency order shall be unlimited in time and shall not be terminated by successful provision of a tenant.
2. Performance Description
   1. Contractor shall publish a flat exposé with photographs on www.wohnref.de and on other property portals or in print media upon release by Client under the prerequisite of submission of a valid energy passport for the object offered. There shall be no claim to publication of the exposé on a specific portal. Contact data of Client shall not be published.
   2. Contractor shall initiate contact between potential tenants and Client and prepare a draft for the rent contract if necessary.
   3. Depending on agreement with Client, Contractor shall perform inspections, tenant reviews (self-assessment, creditworthiness check), etc.
   4. On request, Contractor shall also perform handover and returns of the flats. This service is subject to fees, currently
      • 50.00 € plus 19% VAT (= 59.50 € incl. VAT) per appointment during business hours (Monday to Friday, 9:00 AM to 6:00 PM).
      • 80.00 € plus 19% VAT (= 95.20 € incl. VAT) per appointment outside of business hours.
3. Commission Fee
   1. When renting to a tenant provided by Contractor, Client shall pay a commission fee. This currently amounts to 195% of one monthly rent plus 19% VAT = 232,05% at most, and shall be due at conclusion of the rent contract after invoicing. The calculation basis shall be the flat-rate rent incl. all ancillary costs.
   2. Contractor grants a voluntary graduation of the overall commission fee depending on the term of the rent. This shall be a downpayment for the agreed overall commission fee. Rent situation
      • Up to a rent duration of 1 month, 15% of one rent plus 19% VAT = 17,85% 
      • 2nd to 12th month: 15% of the rent plus 19% VAT per month = 17,85%
      • 13th month until permanent renting: maximum commission fee = 195% plus 19% VAT = 232,05%
   3. At premature termination by the tenant, the commission fee for rent periods that have already been settled and for which no rent will be paid anymore shall be set off against new Mediation.
   4. Where the base rent (unfurnished objects) is used as a basis for the commission fee, Client shall be invoiced a one-time commission fee of 200 % of the rent, plus 19% VAT = 238%. Graduation shall not be granted in this case. If the rent contract is terminated by tenant within the first 12 months, the over-paid commission fee shall be set off against new mediation.
4. Information Obligations
   1. The charged agency shall be informed of conclusion of a rent contract without delay, and no later than on the next working day. Client commits to informing Contractor if no provision or rent contract is entered into or if the agency order becomes unnecessary for other reasons. At the same time, he declares that there has not been any tenancy with any potential tenant mediated by Contractor and that he will not enter into any tenancy directly or indirectly due to the documentation or agency work of Contractor in future for at least one year.
   2. Contractor shall have the right to take insight in the concluded rent contract.
   3. Client further commits to informing Contractor without delay, and no later than four weeks before the end of the original rent period, if an extension agreement for the tenancy has been concluded beyond the original period.
5. Obligations during the Phase of Marketing by Contractor
   1. For the term of the order, Client commits to informing Contractor when the flat is offered on the market via another agency or personally in parallel. He also commits to not offering a lower price than Contractor does on the market. If this is violated, Contractor shall be due an appropriate compensation for the lost commission fee.
   2. Client commits to not linking to the exposé published by Contractor in the media and online if this link is to permit renting out independently of Contractor. If this is violated, Contractor may demand an appropriate compensation for the lost commission fee.
   3. If a potential tenant is already known through other sources, you must report this without delay (within 24 hours), under indication of the source.
6. Right to Rent
   1. If Client is not the owner of the flat, he represents expressly that he has the right to rent it out. Client shall be liable for any costs resulting from inadmissible sublease towards Contractor and via the provided tenant.
7. Rights in Photographs, Videos and Floor Plans
   1. The copyright in the photographs, videos and floor plans drawn up by Contractor shall remain with Contractor, who shall have the right to publish the material online and to also use it for his own advertising.
   2. Own photographs of Client shall only be used for the exposé free of charge in exceptions and in coordination with Contractor. Client shall not have any claim to the publication of own photographs in the exposé.
8. Data Privacy
   1. The data of Client and the flat (name, contact information, flat data) shall be treated confidentially by Contractor and only passed on to potential tenants or their representatives or agents who want to rent a flat through Contractor.
   2. Client commits to treating the data provided by Contractor about potential tenants (name, contact information, information on the employer, etc.) confidentially and to not pass them on to any third parties.
9. Maintenance of Customer Protection
   1. Client and Contractor shall cooperate based on mutual trust. Client shall therefore not use the tenant contacts mediated or provided by Contractor for own rent purposes while bypassing Contractor.
   2. Transfer of the rent contract by the previous flat owner shall not release from the obligation to pay the commission fee (further partial or remaining commission fee) if the total commission fee for renting out of the flat has not been reached yet.
   3. If Contractor has already established contact between a potential tenant and Client, Client shall report any further request of this potential tenant for other tenancies (e.g. other/further employees or new rent periods) to Contractor without delay. An obligation to pay the commission fee shall result if these requests refer to flats that have already been shown to this potential tenant by Contractor.
10. Limitation of Liability
    1. Contractor shall not be liable for any lack of potential tenants willing to conclude a contract.
    2. The obligations from the rent contract shall be solely on Client and tenant. Contractor shall not be a party of the rent contract and shall not be liable for any claims from the rent contract to either contracting party. Contractor shall not be liable for damage to the rented object that results from renting or at violation of the contract by the tenant.
    3. Contractor shall not assume any liability for creditworthiness or wrong information given by the potential tenant. Contractor shall not be liable if no tenancy is concluded.
11. hanges to the Terms and Conditions
    1. Contractor shall have the right to make changes to the terms and conditions, the website or other services according to its sole discretion at any time and without previous notification. Changes shall be published on the website and disclosed to you by email. If you continue to use our services or do not object within 2 weeks from the notification, this shall be deemed consent. It is irrelevant whether the changes have been read or not.
12. Severability
    1. If any of the above provisions is or becomes wholly or partially invalid, this shall not affect the validity of the remaining part of the provision or the remaining provisions. Client and Contractor commit to replacing the invalid provision by such rule that comes as close as possible to what was originally intended and that is not contrary to the documentation order.
13. Applicable Law and Jurisdiction
    1. The renting order of Client shall be subject to German law.
    2. Where permitted by law, the place of jurisdiction shall be Nuremberg.