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GENERAL TERMS AND CONDITIONS (AGB)

General Terms and Conditions for the myhomeplaces.com website, operated by:
Daniel Kremer and Marcela Moraga, hereinafter referred to as Service Providers in the version of 01-May-2020.

§1 Scope of Application
(1) These General Terms and Conditions shall apply to all contracts for the rental of living space and to all further deliveries and services provided to the Customer (or Client) by the Service Provider.
(2) The subletting or further leasing of the leased living space (rooms and common rooms) as well as its use for purposes other than those stipulated in the lease agreement shall require the prior written consent of the Provider of Service; § 540 BGB (German Civil Code) shall apply. The Client's General Terms and Conditions shall only apply if this has been expressly agreed in writing beforehand.



§ 2 Conclusion of Contract, Contractual Partner, Limitation Period
(1) The contract is concluded when the Client submits an application and the Provider of Service accepts it. This takes place through a transmitted & possibly to be proved confirmation. The service provider is free to confirm the acceptance of the application (the booking) in writing.
(2) The contracting parties are service provider and client. If any third party has ordered the service for the Client, the Client shall be jointly and severally liable to the Provider of Service with the Client for all obligations arising from the rental contract.
(3) All claims against the Provider of Service shall in principle become time-barred one year after the beginning of the knowledge-dependent regular limitation period of § 199 para. 1 BGB (German Civil Code). Claims for damages shall become time-barred after five years, irrespective of knowledge. The shortening of the statute of limitations shall not apply to claims based on an intentional or negligent breach of duty by the service provider. Otherwise, the statutory provisions of §§ 194 et seq. and § 548 BGB (German Civil Code) on the statute of limitations shall apply.

§ 3 Services, Prices, Payment, Arrival
(1) The service provider is obliged to keep the accommodation booked by the customer ready and to provide the agreed services. The customer is obliged to pay the agreed fees (prices and rent of the service provider) for the letting and the services used by the customer. This also applies to services and expenses of the Provider of Service to third parties initiated by the Client.
(2) The letting is in principle long-term and therefore without statutory value added tax. In individual cases of short-term letting, the rent includes the statutory value added tax to be paid.
(3) The Provider of Service shall be entitled to declare any accumulated claims due at any time and to demand immediate payment. In case of default of payment, the Provider of Service shall be entitled to demand the respectively applicable statutory default interest in the amount of currently 8% or, in case of legal transactions involving a consumer, in the amount of 5% above the base interest rate. 
The service provider shall be entitled to prove higher damages.
(4) The Client shall be obliged to agree with the Provider of Service on the beginning of the rental relationship (arrival, check-in and moving in) by announcing a binding arrival time.
The Provider of Service is entitled to demand an appropriate rental security (deposit) for the duration of the rental relationship. The amount of the deposit and the date of payment may be agreed in writing in the contract.


§ 4 Withdrawal of the customer (cancellation), non-use of the services of the service provider
(1) If the customer withdraws from the contract, the customer shall pay the service provider a lump-sum compensation (cancellation fee) according to the following scale, unless otherwise agreed in individual contracts:

a) in case of withdrawal up to 45 days before the start of the rental period a half a month's rent (50 %) will be charged.
b) in the event of cancellation from fortyfive until one day before the start of the lease, a  full monthly rent (100%) will be charged.

(2) If the service provider succeeds in renting out the accommodation affected by the withdrawal in a different way, he shall pass on this reduction in damages to the customer, less a lump sum of EUR 50.00 for the replacement of services already rendered and the additional costs caused by the customer's withdrawal.


§ 5 Withdrawal of the service provider
(1) If a payment agreed in accordance with § 3 (1) sentence 2 of these General Terms and Conditions is not made even after expiry of a reasonable deadline set by the service provider, the service provider shall also be entitled to withdraw from the contract.
(2) Furthermore, the Provider of Service shall be entitled to withdraw from the contract for objectively justified reasons if
a) force majeure or other circumstances beyond the control of the Provider make it impossible to fulfil the contract,
b) there is a violation of § 1 (2) of these Terms and Conditions (unauthorised subletting),
(c) accommodation is booked on the basis of misleading or incorrect information of material facts, such as the number and age of persons; or
(d) if the Provider has reasonable grounds to believe that the use of the service of accommodation is likely to affect an appropriate co-living at the apartment, the safety or reputation of the Provider in the eyes of the public, provided that this is not within the Provider's sphere of control or organisation. 
(3) In case of a justified withdrawal of the Provider of Service, the Client shall have no claim for damages or restitution of payments made.



 

§ 6 Provision, transfer and return of the living space
(1) The customer has a contractual right to receive and use the booked rooms and to use the common rooms.
(2) The customer is obligated to report any damage to the booked room and the common rooms immediately, otherwise he/she has the obligation to prove that he/she did not cause the damage.
(3) At the agreed end of the rental relationship (check-out), the rooms of the Provider of Service and the allocated areas in the common rooms (e.g. cupboards, refrigerator compartments) shall be made available in a vacated and cleaned state.
(4) The Provider of Service shall be entitled to charge compensations for damages in the room and in the common areas, for non-contractual use, for extra cleaning expenses and for unusual or wilful contamination.

§ 7 Liability of the Service Provider
(1) The Service Provider shall be liable for the obligations arising from the contract with the diligence of a prudent businessman. Claims of the Client for damages are excluded within the scope of applicable law. Excluded from this are damages resulting from injury to life, body or health if the Provider is responsible for the breach of duty, other damages based on an intentional or grossly negligent breach of duty by the Provider and damages based on an intentional or negligent violation of typical contractual duties by the Provider. A breach of duty by the service provider is equivalent to that of a legal representative or vicarious agent. Should disruptions or defects occur in the services of the Provider, the Provider shall attempt to remedy such upon knowledge or upon immediate notification of the Client. 
(2) The Client shall be obliged to contribute what is reasonable for him to remedy the disruption and to keep possible damage to a minimum.
(3) The service provider provides the Client with a lockable room with a key. The flats form flat-sharing communities with other Clients of the Provider of Service. Each Client is obliged to provide for the security of his property and valuables in an appropriate manner and to respect and protect the property of all other flatmates.

 

§ 8 Liability of the customer
The customer's stay is subject to the rental contract with all its attachments (especially the house rules). A violation can be punished by the Service Provider with immediate termination of the lease without reimbursement of costs. Violations that result in additional costs due to damage to the equipment and inventory, increased cleaning requirements or services of third parties for repair, maintenance and warranty will be charged to the customer.

 

§ 9 Data protection, handling of personal data
Personal data (e.g. name, address, ID number, bank details, telephone number, e-mail address) must be stored by the Service Provider for 10 years as part of the billing process. This data is archived at regular intervals to ensure that the storage obligations are fulfilled, but is also regularly deleted in order not to store unnecessary data records. Under no circumstances will the data be used in an abusive manner.
Further details are set out in the Data Protection Declaration.

§ 10 General provisions


(1) Amendments or supplements to the rental agreement, the acceptance of applications or these Terms and Conditions must be made in writing. Changes or additions by the customer are invalid.
(2) Place of performance and payment are the registered office of the service provider and the offered apartments in Bonn, Germany.
(3) Exclusive place of jurisdiction - also for disputes concerning cheques and bills of exchange - is Bonn, Germany.
If a contracting party fulfils the requirements of § 38 (2) ZPO (German Code of Civil Procedure) and has no general place of jurisdiction in Germany, the place of jurisdiction shall be the registered office of the Service Provider.
(4) German law is applicable. The application of the UN Convention on Contracts for the International Sale of Goods and the conflict of laws is excluded.
(5) Should individual provisions of these Terms and Conditions be or become invalid or void, the validity of the remaining provisions shall not be affected.

 

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