§ 1 Scope of application
1.1 The legal relationship between the prospective lessee or lessee (hereinafter only “Lessee”) and VillaroHome Property GmbH (hereinafter only “VillaroHome”) is governed by the order (including other agreements integrated or referenced, for example for remuneration, jointly the “Order”) and these terms and conditions for lessees (hereinafter the “Terms and Conditions”) of VillaroHome. These terms and conditions will also apply if VillaroHome is working for the lessor and submit listings for rental properties to the Lessee in this context.
2. Through the use of the services of VillaroHome, in particular through the receipt of offers, presentations, etc. (even if it is working for a lessor), the issue of the search order and/or use of the website www.villarohome.com the Lessee declares his agreement with the Terms and Conditions.
3. These Terms and Conditions also apply to subsequent orders of the Lessee or an extension of existing orders as all other activities, specifically in the currently valid version.
B. Provisions on the issue of orders by the Lessee
§ 2 Services provided by VillaroHome
2.1 VillaroHome is charged to provide proof to the suitability of concluding a fixed-term or indefinite lease (possibly also a use, assignment or subletting agreement) with the Lessee. The proof may be provided in any form (orally, in writing, by email, by fax or by telephone). VillaroHome makes no commitment to perform a specific activity.
2.2 VillaroHome will send the Lessee rental properties or lessors and the relevant data. The data and information provided will be based on the information given by the lessor (or appropriately authorised persons). VillaroHome will not verify this information and will assume that the data provided by the lessor is correct.
2.4 VillaroHome acts as an intermediary and is not a party to the lease agreement. VillaroHome can act in certain cases as a representative of a party.
§ 3 Brokerage fee, commission
3.1 The activity of VillaroHome is subject to remuneration in the case of an Order for the Lessee. The amount and due date of the payment (commission) varies according to the rental amount and duration and is governed by the Order.
3.2 The contractually agreed total rent including charges and any additional costs (garage, electricity, heating, water, cleaning, etc., hereinafter “the rent”) and sales tax (where applicable) is used as a calculation basis for the commission entitlement. In the case of the agreement of a cold rent plus costs prepaid, the cold rent represents the calculation basis plus prepayment of incidental costs and VAT if applicable and together with other additional costs constitutes the total rent.
3.3 The commission is earned and payable on the conclusion of the lease for the rental property with a rental property and/or lessor verified or brokered by VillaroHome.
3.4 The commission agreed under § 3.1 ff. is also earned and payable if the Lessee rents a different rental property, also offered by the lessor as a result of the activity of VillaroHome.
3.5 In the case of the extension of a lease verified or brokered by VillaroHome, the amount of the commission entitlement may be increased or a new commission entitlement may arise. The details will be laid down in the Order.
3.6 An early termination or cancellation of the lease will not affect the commission entitlement.
§ 4 Duration of the Order, termination
4.1 The Order is concluded for an indefinite period.
4.2 The Order can be terminated in compliance with a period of notice of four weeks to the end of the month. The notice must be given in writing.
4.3 Termination will be without prejudice to already created or existing commitments in particular under article 3 and in particular the payment of commissions already earned.
C. Common rules for all activities
§ 5 Obligations of the Lessee
5.1 The Lessee must inform VillaroHome immediately in writing of the conclusion of a lease which has occurred as a result of the demonstration or brokerage of VillaroHome and of its essential content (in particular rental period, name of lessor and level of the rent) and send a copy of the lease agreement to VillaroHome.
5.2 The Lessee will promptly notify VillaroHome in writing, if a rental property verified by VillaroHome for a specific lease or sublease is known to the Lessee. The Lessee will be required appropriately to prove to VillaroHome the knowledge on demand (with supporting documents).
5.3 In the case of a rental of a rental property from elsewhere, not verified or brokered by VillaroHome, the Lessee will be required to indicate in writing the key details of the lease (duration of rent, lessor’s name).
5.4 The Lessee will also be required in writing to inform VillaroHome if (i) ongoing lease negotiations are cancelled without reaching a conclusion, or (ii) the Lessee concludes with the lessor who is verified or brokered by VillaroHome a lease on another rental object, and/or (iii) if an existing lease has been extended or (iv) a lessor that is verified and brokered by VillaroHome has concluded a renewed lease of the property or other properties offered to the Lessee and/or a rental agreement.
5.5 The Lessee takes the decision on concluding with the lessor or rental properties verified or brokered by VillaroHome and the respective Terms and Conditions independently and performs any necessary checks himself. If further information is required, he will request it from VillaroHome.
5.6 VillaroHome recommends the Lessee to obtain legal advice with regard to the conclusion of the lease. As far as VillaroHome itself assist, for example for the letting of a lease, this represents a courtesy service and no guarantee is given or liability accepted for the fitness for purpose etc. Of the relevant lease. VillaroHome will not provide legal advice and any model lease provided does not replace such advice.
§ 6 Prohibition of circumvention, client protection, etc
6.1 Data supplied by VillaroHome on the lessor and/or rental property is confidential and intended exclusively for the Lessee for the purpose of the implementation of the Order granted to VillaroHome. The communication of this data is generally prohibited without the consent of VillaroHome.
6.2 disclosure of the lessor or rental properties brokered by VillaroHome without the prior written consent of VillaroHome is in particular prohibited if it is intended to enable the conclusion of a lease other than that envisaged with the brokerage.
6.3 VillaroHome also has a claim to the commission in the form of damages if the Lessee refers the verified lessor or verified rental property contrary to § 6.1 and 6.2 to a third party and/or concludes a lease with the verified lessor for third parties.
6.4 Agreements (including the attempt to conclude such an agreement) with the lessor verified by VillaroHome, which have the purpose of bypassing the commission payment obligation of the Lessee to VillaroHome, are prohibited. The same applies to agreements that will affect the amount of the obligation to pay commission. A lump-sum contractual penalty in the amount of 25% of the commission applicable under § 3 will be payable in the case of breach. The Lessee has the right to demonstrate that lesser damages have occurred. The penalty is additional to the commission entitlement. The right to claim further damages is reserved.
6.5 The obligations under § 6 will also survive the termination of the Order.
§ 7 Obligations and liability of VillaroHome Property GmbH
7.1 VillaroHome assumes no responsibility for the selection of the lessor or rental properties, the Terms and Conditions of the lease of the Lessee with the lessor and the condition of the leased property.
7.2 In the case of an assignment of VillaroHome by the Lessee, VillaroHome’s liability for breach of duty and from other legal grounds, in particular for damages, is excluded except for (i) the exclusion of liability for damages resulting from injury to life, body or health, (ii) grossly negligent or intentional breach of duty or (iii) breach of so-called cardinal obligations. With regard to the breach of cardinal obligations, the liability is limited to the damage typical of the Order or of transactions of this kind.
7.3 For the assertion of claims for damages, the limitation period is one year. It begins at the end of the year in which the claim has arisen and the Lessee has become aware of the circumstances which justify the claim and of the person of the debtor or should have done without gross negligence.
7.4 VillaroHome assumes no liability for the correctness and completeness of the information on the lessor. The Lessee is in any case required, irrespective of the information obtained by VillaroHome, to procure certainty about this as also about the suitability for his purposes by personal contact and asking the lessor.
7.5 Liability for leases which have not materialised is excluded.
§ 8 Data protection
The data of the Lessee submitted to VillaroHome will be stored electronically, so far as permitted, taking into account the tax and legal obligations, as well as Supreme Court case law on the commission entitlement, and used in accordance with the Order. The Lessee agrees to this. VillaroHome is not required to maintain the storage beyond a statutory minimum period.
§ 9 Dual action
VillaroHome is entitled to work also for the Lessee, subject to payment or free of charge. In the event of such dual action, VillaroHome undertakes to ensure impartiality.
§ 10 Final provisions
10.1 VillaroHome may at any time make changes to these Terms and Conditions in the event of instructions from the lessor. These will be published on the website and notified to the Lessee by email. If the Lessee does not object to the within a period of 14 days from the notification of the changes or continues to use the services of VillaroHome, this will be deemed to constitute acceptance.
10.2 Changes and additions of the Order and these Terms and Conditions will also (subject to § 10.1) require written form for effectiveness. This also applies to a change and cancellation of the constitutive requirement of written form.
10.3 As far as these Terms and Conditions require a written information, communication or similar transmission by fax or email is sufficient. This does not apply to the requirement for written form for termination (§ 4.2).
10.4 If a part of these Terms and Conditions is or becomes invalid, it will remain valid in all other respects. The parties undertake to replace the invalid provisions with a provision that comes closest to what was intended by the parties. The same is true for the case of a gap in these Terms and Conditions for lessors. In the case of an impermissible deadline, the legally permissible extent will be deemed to apply.
10.5 This Order and all legal disputes arising out of or in connection with it and its performance are governed exclusively by German law, irrespective of the legal ground.
10.6 The legal venue for all disputes arising from and in connection with the Order is Berlin, Germany, irrespective of the legal ground (to the full extent permitted by law). VillaroHome is also entitled at its discretion to choose the legal venue at the registered office of the Lessee.