General Terms and Conditions of coming home GmbH for Tenants.

1. The legal relationship between the client and coming home GmbH is regulated by these General Terms and Conditions. The parties agree that the "General Terms and Conditions of coming home GmbH for Tenants", as amended from time to time, shall likewise apply to follow-up orders.

2.1. coming home GmbH is commissioned to demonstrate an opportunity to rent living space on a temporary basis. Such an opportunity may be demonstrated verbally or in writing or by telephone, fax or email. Should the client already have learned of an offer, he shall forthwith inform coming home GmbH stating the source.
2.2. The agency service is free of charge to the client.

3. The client shall be obligated to inform coming home GmbH forthwith of the conclusion and the essential details of a tenancy agreement and to hand over a copy of the tenancy agreement. This duty to inform shall likewise apply if contract negotiations are abandoned at an advanced stage and an agreement is not concluded unexpectedly. Likewise, coming home GmbH shall be informed without delay of any intention to prolong an already existing tenancy.

4. Any cancellation or premature termination of a tenancy shall not give rise to any claim against coming home GmbH.

5. The offers are confidential and solely intended for the client personally. The opportunities demonstrated by coming home GmbH and the personal data of any offerer of living space must not be used or disclosed to any third party without the consent of the agency even after termination of the contract regarding the finding of an apartment. If this provision is not complied with, a reasonable contractual penalty shall apply which coming home GmbH may define as being just and equitable. Any claim to damages shall be reserved. Hence, the client may be liable for any loss of a commission.

6.1. coming home GmbH is not a party to the tenancy agreement and as a living space agent cannot assume any responsibility for damage caused to the rental object. Claims for damages against coming home GmbH are ruled out, except in the event of a wilful or grossly negligent act or any culpable violation of a material contractual obligation or any injury to life, body or health. With respect to any violation of a material contractual obligation, liability shall be limited to the damage typically occurring in connection with this kind of business transaction.
6.2. The period of limitation for claiming damages shall be one year. The period of limitation shall start upon expiry of the year in which the claim has arisen and the client has learned, or should have learned unless acting with gross negligence, of the facts giving rise to the claim and the person of the debtor.
6.3. The demonstration of any opportunity is based on the information provided by the landlord. coming home GmbH assumes that the information provided by the landlord is true. coming home GmbH does not assume any liability for the correctness and completeness of the information provided by the landlord. Likewise, any liability for non-accomplishment of a tenancy agreement shall be ruled out.

7. Any subsequent change of the contract regarding the demonstration of opportunities shall be valid only if agreed upon in writing. Should any of the provisions be or become legally invalid in whole or in part, this shall not affect the validity of the remaining provisions. The original provision shall be replaced with a provision that assumedly reflects the intention of the parties.

8. The client's data provided to coming home GmbH will be stored electronically for the purpose of processing the order and used in accordance with the order. The client gives his consent to this. The data shall be deleted upon expiry of the statutory storage periods. Any disclosure to a third party is ruled out.

9. coming home GmbH shall be authorised to provide services to the landlord as well, in return for payment or free of charge. If coming home GmbH acts on behalf of both the tenant and the landlord, it undertakes to be impartial.

10.1. The contract is unlimited in time and shall not be terminated by any letting. It can be terminated at the end of a month by either party by giving four weeks' notice. Any notice of termination shall be valid only if made in writing. The obligations under No. 2 and No. 3 shall not be affected thereby.
10.2. The contract shall be concluded only upon a written acknowledgement of the order by coming home GmbH. Accordingly, the request made to coming home GmbH to provide agency services is without obligation.

11. coming home GmbH is entitled to make changes to its "General Terms and Conditions of coming home GmbH for Tenants" at its sole discretion. Any changes will be announced on its website. The landlord will also receive notification by email. If the landlord continues to use the services of coming home GmbH or fails to contest the changes within 14 days, the landlord will be deemed to have accepted the changes.

12. Any amendment or collateral agreement shall only be valid if made in writing. This shall likewise apply to any alteration of this provision. Should any part of the contract regarding the demonstration of opportunities be or become ineffective, the remaining provisions of the contract shall remain valid. The parties undertake to replace any invalid provision with a provision coming as close as possible to what was originally intended.

13. This contract shall be governed exclusively by German law, excluding application of the provisions of the private international law. With respect to any dispute arising in connection with this contract or its validity, Landgericht [regional court] Berlin shall have jurisdiction ratione loce and ratione materiae, provided the client is a merchant, a corporate body under public law or a special fund under public law registered in Germany. Exclusive competence of the aforementioned court is likewise agreed upon if the client is an entrepreneur registered in the European Union outside Germany, Switzerland, Norway or Iceland.


Stand 05/2015



General Terms and Conditions of coming home GmbH for Landlords.

Application, broker appointment, agency services

1.1. The legal relationship between the client and coming home GmbH is regulated by these General Terms and Conditions. The parties agree that the "General Terms and Conditions of coming home GmbH for Landlords", as amended from time to time, shall likewise apply to follow-up orders.
1.2. coming home GmbH is commissioned to demonstrate an opportunity to let or broker the letting of living space on a temporary basis. Such an opportunity may be demonstrated verbally or in writing or by telephone, fax or email.
1.3. coming home GmbH shall market the living space by means of an anonymised description of the object, stating the street, but not the house number (property description), by publishing it on the coming home website and relevant real estate portals.
1.4. Any subsequent change of the landlord's order shall be valid only if agreed upon in writing.

Price list, due date, cancellation

2.1. If an opportunity to conclude a temporary living space tenancy agreement is successfully demonstrated or such an agreement is concluded, a commission shall be owed. The commission shall be 200% of a monthly rent including 19% value-added tax = 200.00% of a monthly rent (corresponds to 2 monthly rents). The commission shall be calculated exact to a day. Monthly rent shall mean the monthly total rent payable to the client, including utility and operating costs and any special facilities (e.g. garage, parking space, electricity, heating, water). If a basic rent plus advance payments for service charges is agreed, the monthly rent shall be the amount of the basic rent plus the advance payments for service charges.
2.2. However, the amount of the commission shall depend on the contractual term of the tenancy and be adjusted in the form of a partial payment as follows as per the table of commissions below:

Term of tenancy up to 1 month - 16.81% of the monthly rent plus 19% VAT = 20% of a monthly rent
Term of tenancy up to 2 months - 33.61% of the monthly rent plus 19% VAT = 40% of a monthly rent
Term of tenancy up to 3 months - 50.42% of the monthly rent plus 19% VAT = 60% of a monthly rent
Term of tenancy up to 4 months - 67.23% of the monthly rent plus 19% VAT = 80% of a monthly rent
Term of tenancy up to 5 months - 84.03% of the monthly rent plus 19% VAT = 100% of a monthly rent
Term of tenancy up to 6 months - 100.84% of the monthly rent plus 19% VAT = 120% of a monthly rent
Term of tenancy up to 7 months - 117.65% of the monthly rent plus 19% VAT = 140% of a monthly rent
Term of tenancy up to 8 months - 134.45% of the monthly rent plus 19% VAT = 160% of a monthly rent
Term of tenancy up to 9 months - 151.26% of the monthly rent plus 19% VAT = 180% of a monthly rent
Term of tenancy up to 10 months or longer - 168.07% of the monthly rent plus 19% VAT = 200% of a monthly rent (maximum rate)

2.3. In the event of premature termination by the tenant for reasons not attributable to the landlord, the commission shall be reimbursed proportionally.
2.4. If the originally agreed term of tenancy is prolonged, another partial payment shall become due to coming home GmbH until the maximum rate as per No. 2.1. is reached. The commission already charged shall be deducted in full.
2.5. The claim to the commission shall arise upon the conclusion of a tenancy agreement and fall due at the latest upon the start of the tenancy. Other regulations shall require agreement with coming home GmbH.
2.6. Any cancellation or premature termination of the tenancy, with the exception of the facts regulated in No. 2.3., shall not give rise to any claim against coming home GmbH. coming home GmbH's claim to the full agency fee in accordance with No. 2.1. and No. 2.2. based on the contractual term shall not be affected thereby.
2.7. A commission in accordance with No. 2.1. and No. 2.2. shall also be owed if the client presents and lets to the prospective tenant any other offer than the one originally demonstrated by coming home GmbH. This shall also apply in case the client is not the owner of a property or acts on behalf of a third party.

Client's duty to inform

3.1. Should the client already have learned of a tenant found or brokered, he shall forthwith inform coming home GmbH stating the source. Otherwise, coming home GmbH shall be entitled to the commission payable in accordance with No. 2.1. and No. 2.2. if a tenancy agreement is concluded.
3.2. The client shall be obligated to inform coming home GmbH forthwith of the conclusion and the essential details of a tenancy agreement and to hand over a copy of the tenancy agreement. This duty to inform shall likewise apply if contract negotiations are abandoned at an advanced stage and an agreement is not concluded unexpectedly. Should the client fail to comply with the duty to inform as per No. 3.2., he shall be obligated to indemnify coming home GmbH from and against any claims asserted by a third party because coming home GmbH has offered the living space although it was not available.
3.3. Likewise, coming home GmbH shall forthwith be notified of any intention to prolong an existing tenancy (with or without extension option), however, at the latest one month prior to the expiry of the original term contractually agreed. Failure to observe this duty may result in claims for compensation on the part of coming home GmbH.
3.4. The client shall forthwith inform coming home GmbH if any data relevant to the conclusion of the tenancy agreement changes (e.g. contact details, longer absence, rent, furnishings, availability, viewings cannot take place or other circumstance preventing letting).
3.5. The client shall forthwith inform coming home GmbH if a tenant found or brokered by coming home GmbH makes a new inquiry directly to the client within 24 months of the expiry of the tenancy agreement and another tenancy agreement is concluded.
3.6. The client undertakes to give the name of the tenant, regardless of whether the tenancy agreement has been brought about by coming home GmbH or otherwise. Only the transmission of this data enables coming home GmbH to check whether the agreement was concluded due to an opportunity demonstrated by the agency. The landlord shall point out to the prospective tenants the necessity and purpose of this transmission of data.
3.7. Prior to the provision of the services owed by coming home GmbH, the client shall be obligated to inform coming home GmbH about the property to be managed and point out any sources of danger. This shall also include any construction defects, planned construction work, defects remedied recently (e.g. mildew etc.), upcoming repair work and any and all circumstances which may be of importance to the lettability of the apartment (e.g. construction site in front of the building). The client confirms the proper function of the heating and the hot-water supply. Any breach of this duty shall result in the provision of No. 2.3. not applying.

Prohibition of circumvention

4.1. The client shall refrain from making arrangements with the prospective tenants found which are suitable to circumvent the client's obligation to pay the commission to coming home GmbH. The same shall apply to any to arrangements that have an effect on the amount of the client's obligation to pay the commission.
4.2. For the duration of the order, the client undertakes to not publish his living space in market-relevant media. Exceptions shall require written agreement. Moreover, the client undertakes to not install a link to the property description published by coming home GmbH.

Confidentiality, customer protection

5.1. The demonstrations of opportunities are confidential and intended exclusively for the client. Any disclosure of the personal data of the prospective tenants found or brokered by coming home GmbH without the consent of coming home GmbH shall be prohibited until the expiry of a period of twelve months after the end of the landlord's order. If this provision is not complied with, a contractual penalty shall be paid in the amount of the commission payable in accordance with No. 2.1. The client may prove that the loss that has occurred is lower. The right to claim further damages shall be reserved.
5.2. The above obligations shall likewise apply if the clients cancels or terminates the landlord's order between him and coming home GmbH.

Data privacy

6. The data specified will be stored in accordance with the data protection law regulations taking account of the obligations regarding tax law and accounting and the decision of the supreme court regarding commission claims. The data will not be disclosed or sold for advertising purposes.

Copyright, keeping, right of use

7.1. coming home GmbH shall be entitled, but not obligated, to photograph or film the landlord's interior for the purpose of marketing. All photos, including video materials and floor plans, made or created by coming home GmbH are protected by copyright and must not be used without permission. coming home GmbH shall be entitled to publish the material on the internet and to use it for its own advertising purposes. coming home GmbH shall be entitled to choose the photos and the kind of representation.
7.2. Even if an opportunity to conclude a tenancy agreement is not demonstrated or a tenancy agreement is not brokered, coming home GmbH shall be entitled to keep the address of the property to which the order relates and the property description for a period of one year after the end of the contract regarding the demonstration of opportunities and to process them for its own advertising purposes.
7.3. Should the client provide his own photo material, coming home GmbH shall be granted a non-exclusive and free-of-charge right to use the photo material for the broker activity. The non-exclusive right of use shall cover all acts which are necessary to market the living space as is usual in the industry. This also includes the non-naming of the author and the marking of the photo material with a visible water mark of coming home GmbH. The copy right also relates to all written documents which are provided or made available to the client and which are protected by copyright law.
7.4. The client shall guarantee that the materials provided are free from third-party rights or that the client has been granted the right of use under the conditions set forth at No. 7.3. Should any claim be asserted against coming home GmbH based on the infringement of a right of a third party regarding the materials provided, the client shall indemnify coming home GmbH from and against any expenses and obligations to pay compensation in connection with therewith.

Authorisation to let

8. The client assures to be authorised to let or sublet. coming home GmbH cannot be held liable for any damage resulting from unauthorised letting.

Liability

9.1. coming home GmbH is not a party to the tenancy agreement and as a living space agent cannot assume any responsibility for damage caused to the rental object. Claims for damages against coming home GmbH are ruled out, except in the event of a wilful or grossly negligent act or any culpable violation of a material contractual obligation or any injury to life, body or health. With respect to any violation of a material contractual obligation, liability shall be limited to the damage typically occurring in connection with this kind of business transaction.
9.2. The period of limitation for claiming damages shall be one year. The period of limitation shall start upon expiry of the year in which the claim has arisen and the client has learned, or should have learned unless acting with gross negligence, of the facts giving rise to the claim and the person of the debtor.
9.3. The demonstration of any opportunity is based on the information provided by the prospective tenant. coming home GmbH assumes that the information provided by the prospective tenant is true. coming home GmbH does not assume any liability for the correctness and completeness of the information provided by the prospective tenant. Likewise, any liability for non-accomplishment of a tenancy agreement shall be ruled out.

Energy Performance Certificate

10. The landlord is aware of the obligation to show the Energy Performance Certificate in the property description and advertisements. The landlord shall indemnify the agent from and against any claims asserted due to faulty information provided or information not provided by the landlord in the context of the brokering of the property. This shall in particular apply to any possible costs incurred for the assertion of rights. The client is made aware of the fact that there is a legal obligation to present an Energy Performance Certificate (EnEV [German energy saving ordinance]) without being asked at the latest upon the inspection of the rental object by the prospective tenant and that the certificate must be attached to the tenancy agreement.

Term of the contract, order acknowledgement

11.1. The contract is unlimited in time and shall not be terminated by any letting. It can be terminated at the end of a month by either party by giving four weeks' notice. The obligations under No. 2 and No. 3 shall not be affected thereby.
11.2. The contract shall be concluded only upon a written acknowledgement of the order by coming home GmbH. Accordingly, the request made to coming home GmbH to provide agency services is without obligation.

Admissible provision of services to both tenant and landlord

12. coming home GmbH shall be authorised to provide services to the tenant as well, in return for payment or free of charge. If coming home GmbH acts on behalf of both the tenant and the landlord, it undertakes to be impartial.

Changes to the general terms and conditions

13. coming home GmbH is entitled to make changes to its "General Terms and Conditions of coming home GmbH for Landlords" at its sole discretion. Any changes will be announced on its website. The landlord will also receive notification by email. If the landlord continues to use the services of coming home GmbH or fails to contest the changes within 14 days, the landlord will be deemed to have accepted the changes.

Collateral agreements, severability clause

14. Any amendment or collateral agreement shall only be valid if made in writing. This shall likewise apply to any alteration of this provision. Should any part of the contract regarding the demonstration of opportunities be or become ineffective, the remaining provisions of the contract shall remain valid. The parties undertake to replace any invalid provision with a provision coming as close as possible to what was originally intended.

Choice of law, place of jurisdiction

15. This contract shall be governed exclusively by German law, excluding application of the provisions of the private international law. With respect to any dispute arising in connection with this contract or its validity, Landgericht [regional court] Berlin shall have jurisdiction ratione loce and ratione materiae, provided the client is a merchant, a corporate body under public law or a special fund under public law registered in Germany. Exclusive competence of the aforementioned court is likewise agreed upon if the client is an entrepreneur registered in the European Union outside Germany, Switzerland, Norway or Iceland.


Stand 05/2015