Publication Data | Imprint
Proprietor: |
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Claudia Müller |
Tel |
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+ 49 (0)30 675 676 0 |
VAT No.: |
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DE 814186748 |
homefacility General Terms and Conditions
1. General
Unless otherwise stated, the following Terms & Conditions shall govern the contractual relationship between homefacility and the contractor of the agreed service(s). The following Terms & Conditions are also an integral part of any future contract. The services offered by homefacility are subject to change and require written confirmation to be effective.
2. Obligations of the Client
Prior to the performance of any service by homefacility, the Client is obliged to inform homefacility to the best of its knowledge about the apartment in question, to instruct it on the building as a whole, to indicate potential hazards and to hand over all necessary keys and documentation. If keys and documentation are not handed over, but are collected by homefacility from a third party, this shall be invoiced subject to the price list applicable at that time.
3. Basic Package Services I and II*
Where the Client takes out a Basic Package, the total fee is payable, even where a tenant is acquired after fewer than four viewings. Where a time for a viewing with a potential tenant specified by the Client or contracted third party (estate agent) has been agreed, this appointment shall be deemed an apartment viewing, even if the potential tenant should not appear or cancels the viewing less than 2 hours prior to the appointment. Where more than four viewings are required to achieve a let, these may be undertaken as an additional order, payable on an hourly basis (in accordance with the current price list). The commissioned services are also to be remunerated in the event that the services cannot be provided either in full or in part upon grounds for which homefacility is not responsible. In this event, homefacility shall offset any saved expenses and other revenue generated through an alternative use of the manpower. The Client shall assume the burden of proof for chargeable amounts.
4. homefacility’s Obligations Regarding Rental Management; Basic Package I
homefacility is not active as a broker. Potential tenants will be designated by the Client or by an agency instructed by the Client. Insofar as homefacility is obliged to conduct apartment viewings with interested parties pursuant to the Agreement, homefacility assumes no guarantee as regards to the solvency of the tenant. The Client shall be solely responsible for deciding whether the interested party shall be accepted as tenant. The rent shall be transferred by the tenant into an account specified by the Client. homefacility is authorised by the Client to accept the first rent and deposit payable by the tenant in urgent cases and to deposit the latter in the account specified by the Client.
Insofar as the company homefacility is named a tenant by the client or an agency commissioned by thie, the company homefacility is entitled and authorised to hand over the key and apartment. The company homefacility is not obligated to examine the validity oft he lease agreement and/or confirm the payment of rent and deposit.
5. homefacility’s Obligations Regarding Rental Management; Basic Package II
The conditions under no. 4 also apply to Basic Package II with the following deviations. homefacility is authorized and commissioned to debit the rent and deposit and to administrate this in a separate account. The rent collected shall be regularly forwarded to an account provided by the Client. homefacility is authorized to collect and issue the deposit.
Insofar as in Basic Package II the obligation to commission a letting agent is assumed, the client authorises and commissions the company homefacility to conclude the customary agent agreement as to pay the incurred agent’s commission with rent income. The company homefacility is entitled and authorised to withdraw the agent’s commission from the rent account.
6. Payment, Set-Off, Retention
The Client's shall be issued with an invoice for the Basic Package following the second apartment viewing at the latest, this is payable upon receipt. Services for the Basic Package II shall be invoiced on a monthly basis and are payable upon receipt. If individual services are provided, these shall be invoiced following upon completion. homefacility is entitled to issue invoices for advance payment. The Client is neither entitled to offset invoices nor may he exercise any right to retention against such claims, unless such counterclaim is declared legally binding or has been acknowledged on the part of homefacility. If the Client should fail to meet his payment obligations either wholly or in part, homefacility is entitled to withhold its contracted services until the Client's obligations have been settled in full.
7. Liability
homefacility shall be liable for losses to the Client incurred through a breach of duty after the conclusion of an agreement only in cases of deliberate actions or gross negligence, with the exception of personal injury, bodily harm or loss of life.
The company homefacility assumes not tax consulting or legal advisory services. It is therefore recommended in tax or legal matters to consult a chartered accountant or legal adviser.
8. Termination / Change to Basic Package II
The agreement for Basic Package I + II can be terminated by either party with two week´s notice towards the end of the month, but not before termination of the underlying tenancy agreement. The termination requires written form.
The client can by agreement change from Basic Package I to Basic Package II.
9. Governing Law, Place of Performance, Place of Jurisdiction
German law shall apply. The place of performance and place of jurisdiction for both parties is Berlin, insofar as legally admissible.
10. Data Protection
The Client agrees that within the scope of the business relationship, necessary client data will be electronically stored. homefacility is authorised to exchange Client data with third parties solely for the purpose of duly fulfilling the terms of the agreement.
11. Final Provision
In the event that individual provisions of these General Terms & Conditions should be or become invalid, this shall not affect the validity of the agreement or the remaining provisions of these Terms & Conditions. The Parties hereby agree that any loophole arising on these grounds shall be shall be replaced by a valid provision which most closely achieves the economic intention of the invalid provision it is replacing.
Berlin, June 2015
Content:
Responsible for content: Claudia Müller
homefacility accepts no liability for the timeliness, accuracy, completeness or quality of the information provided. Homefacility shall not entertain any claims for material or intellectual loss incurred through the use or non-use of the information provided and, in particular the use of inaccurate or incomplete information, except where deliberate intent or gross negligence may be proven.
This disclaimer is an integral part of the website. Where parts or wordings of the text do not correspond with the prevailing legal position, the content and validity of the remaining text shall not be affected.
Copyright:
Copyright on material created and published by homefacility remains with homefacility and is protected. All rights reserved.
The use of images or texts or their reproduction in other electronic or print publications may only be undertaken with homefacility’s permission.
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