Only transcript. The German version applies.
SUITE. 030 GmbH, Brunnenstraße 49, 10115 Berlin ("SUITE.030") offers an online platform for marketing and managing the rental of residential real estate ("Platform").
These General Terms and Conditions of Use ("GTCU") constitute the contractual basis with users ("users") for the use of the platform and the offer managed by SUITE.030 for the conclusion of rental agreements with landlords for the respective residential property ("accommodation") offered. As a rule, landlords are third parties and are different persons from SUITE.030.
1. GENERAL
1.1. The GTC in their respective version apply as a framework agreement without SUITE.030 having to refer to them again in each individual case.
1.2. These GTC apply exclusively.
1.3. Deviating, conflicting or supplementary general terms and conditions shall only become part of the contract if and to the extent that SUITE.030 has expressly agreed to their validity. This requirement of consent shall apply in any case.
2. Role of SUITE.030
2.1 Users can search for suitable accommodation on the platform and make a booking request via the online platform or by telephone, i.e. reserve the accommodation or book the accommodation directly.
2.2 The content offered on the platform is subject to availability. Suite.030 endeavors to keep the information on the website accessible at all times. Maintenance work, further development, or disruptions may limit or temporarily interrupt the possibilities of use. Suite.030 will notify users of disruptions of the aforementioned nature in good time, where possible.
2.3 SUITE.030 also offers additional services for tenants at its own expense, which can be booked as an option and are billed separately by SUITE.030.
2.4 The lessee undertakes to provide SUITE.030 with true and correct information regarding their contact details, including payment processing data.
3. Tenancy agreement between landlord and tenant
3.1. Contracts for the rental of the property are only concluded between the respective landlord and the tenant ("rental contract"). SUITE.030 may act as the landlord's representative. The basic terms and conditions of the rental agreement are set out in the respective property advertisement. Liability between landlord and tenant is governed exclusively by the rental agreement
3.2. The presentation of accommodation on the platform does not constitute a binding offer. A binding offer to conclude a rental agreement (see section 2) is the tenant's booking. The landlord can accept this offer within 48 hours, unless a direct booking option is provided, which is represented by SUITE.030.
3.3. SUITE.030 sends an e-mail (confirmation e-mail) to the tenant and the client in the event of a successful rental, in which the essential content of the rental agreement is listed again on the basis of the information provided by the client about the property. As a rule, longer-term and open-ended rental agreements must be concluded in writing.
3.4. The lessee must pay an accommodation price for the duration of the contract. The accommodation price is the price that the tenant must pay to Suite.030 as rent for the provision of the accommodation. The accommodation price does not include additional services.
3.5. The tenant shall make a down payment on request upon conclusion of the rental agreement. Unless otherwise agreed, the balance shall be paid up to 10 days before arrival.
3.6. The tenant must transfer the rental deposit to a separate deposit collection account on request. Tenants with longer or open-ended tenancy agreements must transfer the rent for the following month by the 20th of the previous month. Once the tenant has moved out and the apartment has been handed over free of defects, the rental deposit will be paid out on behalf of the landlord or released concurrently with the defect-free return of the accommodation. Defect-free return also includes the return of chip cards, keys or parking cards or sensors. There is no right of retention on the landlord's items. If the tenant fails to return the items within one week of being requested to do so by email, SUITE.030 may retain the deposit and claim any higher damages (e.g. replacement of the locking system) from the tenant.
3.7. Once a binding rental agreement has been concluded, a rental can no longer be canceled by the client. Premature termination of the rental agreement by the client is only possible under the conditions of § 543 BGB.
3.8. If the binding tenancy cannot be carried out on the basis of the tenancy agreement for reasons within the tenant's sphere of responsibility, the tenant is liable to SUITE.030 and the landlord for damages.
3.9. SUITE.030 recommends that tenants take out liability insurance to cover their stay in the accommodation. In the event that something does happen, you are then well covered. However, make sure that borrowed or rented equipment is actually covered by your insurance, as this is unfortunately not automatically the case with many liability insurance policies.
3.10. Payment is processed according to the method specified in the order form. For payment processing via credit card, a redirection is made to the website of Stripe Payments Europe, Ltd [https://stripe.com/de/privacy]. In this respect, the terms of use and data protection provisions of Stripe Payments Europe, Ltd. apply exclusively.
3.11. The accommodation price will be collected unless otherwise agreed. For short-term rentals (up to one month), SUITE.030 collects 50% of the accommodation price when the tenant makes a binding booking and the remaining amount ten days before the start of the rental period. For long-term rentals of two months or more, 50% of the first month's rent is due with the binding booking, the second 50% of the first month's rent together with the deposit ten days before arrival and the following month's rent in advance up to one week before the change of month.
3.12. The rental of accommodation requires the payment of a deposit by the tenant. Suite.030 will collect this deposit from tenants. Suite.030 will either pre-authorize a credit card or manage the deposit by transferring the deposit to a deposit account by the lessee and return it no later than one month after handover, provided that no damage to the accommodation is attributable to the lessee. The deposit is usually EUR 500.00 for short-term rentals of less than one month, one month's rent for long-term rentals of one to two months and two months' rent for long-term rentals of two months or more. In individual cases, there may also be other deposit regulations. The amount of the deposit is always stated on the booking confirmation.
3.13. The duration of the tenancy is governed by the tenancy agreement. The right to extraordinary termination of the contract without notice for good cause remains unaffected.
3.14. An important reason for extraordinary termination by the lessor exists in particular if the client is more than two (2) weeks in arrears with full payment of the remuneration due or other payments. The lessor may be represented by SUITE.030 in the declaration and handling of the termination. All payment obligations relating to this agreement and arising prior to termination of the contract shall continue to apply after termination of the rental agreement.
3.15. Suite.030 exercises the house rules on behalf of the landlord. In the event that tenants violate the house rules, SUITE.030 has an extraordinary right of termination.
3.16. Any tacit extension of the tenancy by the tenant continuing to use the accommodation after the end of the rental period is expressly rejected.
3.17. SUITE.030 reserves the right to assert hidden defects that are only discovered after the accommodation has been handed over at the end of the rental agreement directly against the tenant on behalf of the landlord.
3.18. The tenant must report any damage to the accommodation immediately, or within 24 hours in the case of long-term rentals of more than one month. By handing over the accommodation to the tenant, the tenant acknowledges that the accommodation is free of defects, insofar as he could have recognized the damage at the time of handover. The tenant is liable for any further damage caused by late notification.
3.19. The tenant shall be liable to the landlord for damage caused by a breach of the duty of care incumbent upon him. In the same way, the tenant is liable for damage caused to the accommodation by his vicarious agents or assistants, co-tenants, customers, visitors, suppliers, tradesmen, etc.. The tenant is responsible for proving that there was no fault or negligence in the case of damage to the rented property.
3.20. The accommodation can generally be occupied from 3 p.m. on the day of arrival and must be vacated by 11 a.m. on the day of departure. If the accommodation is handed over outside the regular check-in and check-out times (after 8 p.m.) and/or (before 8 a.m.), the tenant will be charged EUR 50.00 in each case.
3.21. When the rented property is handed over at the end of the rental agreement, the tenant will receive an invoice containing a statement of the accommodation price, including final cleaning costs, any additional services booked as well as VAT and, if applicable, accommodation tax.
3.22. At the end of the rental agreement, SUITE.030 will draw up a rough inspection report on all damage that goes beyond the contractual use/wear of the rental object. If the tenant moves out before acceptance or is not present in person for other reasons, the tenant must accept the acceptance report. If further defects only become apparent after the basic cleaning (cleaning after the tenant has moved out), the tenant must also accept these damages after notification by SUITE.030.
3.23. The tenant has no right of retention with regard to keys/key cards or other items provided. After a reminder, the subsequent reminders will be charged.
3.24. The tenant is liable for the use of the internet connection provided. The tenant shall indemnify the landlord against all third-party claims arising from unlawful Internet use (e.g. illegal file sharing or unlawful downloads or uploads).
3.25. Furthermore, the lessee undertakes to provide SUITE.030 immediately, truthfully and completely with all information necessary for the examination of claims and a defense in the event of claims by third parties.
4. Liability of SUITE.030
4.1 SUITE.030 is liable for damages resulting from an intentional or grossly negligent breach of duty or fraudulent intent on the part of SUITE.030, its legal representatives or its vicarious agents. Insofar as SUITE.030 is liable for a grossly negligent breach of duty pursuant to sentence 1, liability for damages is limited to the foreseeable, typically occurring damage.
4.2 In addition, SUITE.030 is also liable for damages caused by simple negligence, insofar as the negligence concerns the breach of such essential contractual obligations, the fulfillment of which makes the proper execution of the contract possible in the first place and on the observance of which the customer may regularly rely (cardinal obligations). In this case, however, liability towards commercial landlords (Section 1.1, Var. 1) is limited to the foreseeable, typically occurring damage.
4.3 Furthermore, SUITE.030 is liable without limitation for damages to life, body and health for which it is responsible and which are based on a negligent or intentional breach of duty.
4.4 Any further contractual or statutory liability is excluded - unless it is prescribed by law - regardless of the legal nature of the asserted claim.
4.5 Insofar as the liability of SUITE.030 is excluded or limited, this also applies to the personal liability of its employees, workers, staff, representatives and vicarious agents as well as to its liability for their conduct.
5. Confidentiality, handling of platform access data
5.1 The user undertakes vis-à-vis SUITE.030 to keep secret all confidential information that has been or becomes known to him in advance and/or in the course of the execution of this contract, including any log-in information and passwords (in particular those for the online rental area), and in particular to avoid any access to this information by third parties. The client shall oblige all users, employees and staff authorized by him to maintain confidentiality to the extent defined herein, unless they are already obliged to do so on the basis of their employment contract.
5.2 Confidential within the meaning of this agreement is all information that is marked as such by SUITE.030 or whose confidentiality results from the circumstances.
5.3 The obligation to maintain confidentiality in accordance with section 13.1 above does not apply to confidential information (i) which is already in the public domain or generally known at the time the client becomes aware of it or which becomes known without a breach of this confidentiality obligation, (ii) which is provided to the client by a third party without a breach of a confidentiality obligation towards SUITE.030 (iii) which were developed by the customer independently of these agreements or (iv) if and to the extent that the confidential information must be disclosed due to an enforceable official or court order and the customer has informed SUITE.030 immediately after becoming aware of the disclosure obligation and has given SUITE.030 the opportunity to take action against the disclosure.
6. Force Majeur / Force Majeure
If unforeseeable events based on force majeure, e.g. pandemics, mobilization, war, riots, or similar events, e.g. strikes and lockouts, significantly change the economic significance or content of the delivery to the detriment of SUITE.030 or have a significant impact on SUITE.030's operations, the contract will be adjusted appropriately in good faith. If the latter is not economically justifiable, SUITE.030 has the right to withdraw from the contract. If SUITE.030 wishes to exercise this right of withdrawal, it must notify the customer within three weeks of becoming aware of the event. If the customer does not make the declaration within this period, its right of withdrawal shall expire.
7. Right of withdrawal
7.1 If the Tenant is a consumer within the meaning of Section 13 of the German Civil Code (BGB), he is entitled to a right of withdrawal in accordance with the instructions set out in the Annex if the contract is concluded by means of distance communication and does not fall within the scope of Section 312g (2) No. 9 BGB (see paragraph 3).
7.2 Means of distance communication are means of communication that can be used to initiate or conclude a contract between a consumer and a trader without the simultaneous physical presence of the contracting parties.
7.3 There is no right of withdrawal for contracts for the provision of accommodation services for purposes other than residential purposes if the contract provides for a specific date or period for the provision of services. Accordingly, there is no right of withdrawal for contracts for the rental of vacation apartments or commercial apartments, as these provide for a specific date or period for which the apartment is rented.
7.4 To exercise the right of withdrawal, the tenant must inform the landlord or SUITE.030 (as the landlord's representative)
SUITE.030 GmbH, Brunnenstrasse 49, 10115 Berlin, phone: +49 (0)30 - 220 119 270,
E-mail: info@suite030.com
by means of a clear statement (e.g. a letter sent by post or e-mail) of his decision to withdraw from the contract.
The tenant may use the sample withdrawal form attached to the order form, but this is not mandatory.
7.5 In order to comply with the withdrawal period, it is sufficient for the client to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
7.6 Consequences of revocation:
If the contract is revoked, the lessor must reimburse the lessee for all payments that the lessor has received from the lessee without delay and at the latest within fourteen days from the day on which SUITE.030 or the lessor receives notification of the revocation of the contract.
For the repayment, the lessor will use the same means of payment that the lessee used for the original transaction, unless expressly agreed otherwise with the lessee; in no case will SUITE.030 or the lessor charge the lessee any fees for this repayment.
7.7 In the case of a contract for the provision of services, the right of withdrawal shall also expire if the trader has provided the service in full and has only started to provide the service after the consumer has given his express consent and at the same time confirmed his knowledge that he will lose his right of withdrawal upon full performance of the contract by the trader. In the case of an off-premises contract, the consumer's consent must be provided on a durable medium. In the case of a contract for the provision of financial services, the right of withdrawal shall expire, notwithstanding sentence 1, if the contract has been completely fulfilled by both parties at the express request of the consumer before the consumer exercises his right of withdrawal.
In the case of a contract for the supply of digital content not on a tangible medium, the right of withdrawal shall also expire if the trader has begun to perform the contract after the consumer has
8. Other
8.1 The user may only offset his own claims against SUITE.030 against claims of SUITE.030 or assert rights of retention based on such claims if the claims are undisputed or have been legally established. The user may not offset claims against the lessor against claims of SUITE.030.
8.2 Unless otherwise agreed in writing, the place of performance and fulfillment is the registered office of SUITE.030. The following applies to the rental relationship: The place of fulfillment is the location of the accommodation.
8.3 If the user is a merchant, a legal entity under public law or a special fund under public law, the sole place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship is the registered office of SUITE.030. However, SUITE.030 is also entitled to file suit at the user's general place of jurisdiction.
8.4 The legal relationships in connection with these Terms of Use shall be governed by German substantive law to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG).
8.5 SUITE.030 reserves the right to amend the GTCU. In the event of a change to the GTCU, SUITE.030 will notify the customer of the changes to the GTCU in text form (e.g. by email) ("notification of change"). The amendments will take effect vis-à-vis the sender and the contractual relationship will continue under the amended terms if the customer does not object to these amendments in text form within four (4) weeks of receipt of the amendment notification. Timely dispatch of the objection to SUITE.030 shall be sufficient to comply with this deadline. In the event of an objection, both parties shall be entitled to extraordinary termination. SUITE.030 will specifically inform the sender of the aforementioned consequence of a failure to object in the written notification of change.
© SUITE.030 GmbH, 2024