Terms and Conditions for Additional Services of Villaro Real Estate GmbH
§ 1 Scope of application
1.1 The legal relationship between the Principal (lessor or lessee, hereinafter only the “Principal”) and Villaro Real Estate GmbH (hereinafter only “VillaroHome”) will be governed by the Order (including any further agreements integrated or entered into in relation to the remuneration, together referred to as the “Order”) and these Terms and Conditions for Additional Services (hereinafter referred to as the “Terms and Conditions”) of VillaroHome.
1.2 By placing an order for additional services, the Principal agrees to the Terms and Conditions for Additional Services.
1.3 These Terms and Conditions for Additional Services will also apply to follow-up orders of the Principal and/or an extension of existing orders in the currently valid version
§ 2 Services provided by VillaroHome
2.1 VillaroHome will render the following services to the Principal by means of a separate Order:
(i) Handover Service,
(iv) other individual works.
2.2 The contract for such services will be concluded and become effective with the dispatch of a written offer from VillaroHome (email is sufficient) and written acceptance or confirmation of a written order by the Principal (email is sufficient).
§ 3 Handover service
3.1 VillaroHome will hand over the dwelling to the lessee at the beginning of the agreed rental period and will take over the dwelling from the lessee at the end of the agreed rental period.
3.2 VillaroHome will check the condition of the rented property for damage, etc. and completeness of the furnishings before handover. Additional inventory such as crockery, tableware, etc. will be checked by VillaroHome if the Principal has submitted a list of items to VillaroHome. VillaroHome will also check the rented property when it is taken back. The service also includes taking all meter readings that are relevant according to the lease. The respective checks will be performed cursorily and within a limited amount of time.
3.3 On handover of the rented property to the lessee and taking back of the lessee, a protocol is drawn up which is countersigned by the lessee as well as by VillaroHome for the Principal. The condition of the property, in particular any defects of condition or faulty objects, will be recorded in this document.
3.4 VillaroHome does not accept any responsibility for hidden and/or undetectable defects (e. g. wine stains under an armchair) that are not detected and recorded during the inspection.
§ 4 Cleaning services/other services
4.1 VillaroHome will take over the cleaning of the rental property in order to prepare the rental property for the lease appropriately. The scope of VillaroHome’s cleaning and reimbursement services are described in the VillaroHome offer. VillaroHome will determine the time of cleaning between return from the previous lessee and handover to the next lessee at its own discretion. The time of cleaning for occupied properties will be agreed with the lessee.
4.2 VillaroHome renovates and furnishes the dwelling in coordination with the Principal. The benchmark for this is the specific Order of the Principal. VillaroHome will inform the Principal if there is a corresponding need for renovation, additional furniture or other purchases and submit an offer to the Principal on his request or after consultation about the services and the remuneration or the prices.
4.3 VillaroHome undertakes other necessary work in connection with the rented property after appropriate commissioning on the basis of the offer prepared by VillaroHome. The order brokered by the customer will also be the benchmark in this respect.
§ 5 General provisions and warranty
5.1 VillaroHome will also be entitled to subcontract the services taken over in accordance with this agreement to third parties without the Principal’s consent. The performance obligation of VillaroHome remains unaffected by this.
5.2 The liability of VillaroHome for breaches of duty and for other legal grounds in particular for damages is excluded, except for (i) the exclusion of liability for damages resulting from injury to life, limb or health, (ii) grossly negligent or intentional breach of duty or (iii) a breach of so-called cardinal obligations. With regard to the breach of cardinal obligations, liability will be limited to the damage which is typical for this type of contract or which typically occurs in transactions of this kind.
5.3 The limitation period for claiming damages is one year. This begins with the end of the year in which the claim has arisen and the Principal learns of the circumstances which justify the claim and the person of the debtor acquires knowledge or should have acquired such knowledge without gross negligence.
§ 6 Obligations of the Principal
The Principal must inform VillaroHome in particular of the condition of the rented property, including all facilities such as furnishings and inventory, in an orderly manner. The duties to provide information and information concerning the condition of the rented property in the terms and conditions of the lessor apply here as well.
§ 7 Duration of the Order, termination
7.1 Insofar as the Order is not expressly limited to a one-off service, the respective contract is concluded for an indefinite period of time and is not terminated by a lease.
7.2 The contract can be terminated by giving 4 weeks’ notice at the end of a month. Notice of termination must be given in writing.
7.3 Orders and obligations that have already been triggered or existing orders and obligations on the basis of this (framework) contract and, in particular, payment obligations that have arisen will remain unaffected by the termination of this (framework) contract.
§ 8 Miscellaneous
8.1 This order contains all agreements and arrangements made by the parties on the subject matter of the agreement. There are no side agreements.
8.2 Changes and additions to the order must be made in writing in order to be effective. This will also apply to any change and cancellation of the constitutive requirement for written form.
8.3 Should any provision of this contract be or become invalid in whole or in part, the remaining provisions will remain in full force and effect. The parties undertake to replace the ineffective provisions with those which are closest to the economic intent of the parties. The same applies in the event of a gap.
8.4 For this order and all legal disputes arising from or in connection with it and its fulfilment, German law will apply exclusively, irrespective of the legal ground.
8.5 The legal venue for all disputes arising from and in connection with the order is Berlin, Germany, irrespective of the legal ground (as far as legally permissible). VillaroHome is also entitled, at its own discretion, to choose the legal venue at the principal’s domicile.