Imprint

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Company name	HomeCompany Berlin
Owner:	Thomas Fierus
Address:	Bundesallee 39-40a 10717 Berlin
Tel.:	+ 49 (0) 30 – 19445
Fax:	+ 49 (0) 30 – 8826694
Email:	berlin@homecompany.de
VAT ID no.:	DE225924494
Supervisory authority	Bezirksamt Charlottenburg/Wilmersdorf Department of Economics, Real Estate, Organisation and Libraries, Wirtschaftsamt, Hohenzollerndamm 174-177, 10713 Berlin (Telephone: 030 9029-1723)
V.i.S.d.P.:	Thomas Fierus

Disclaimer, privacy and copyright notice

 

1. The contents of our pages have been created with the greatest care. However, we assume no liability for the accuracy, completeness and topicality of the content. As a service provider, we are responsible for our own content on these pages in accordance with general legislation pursuant to Section 7 (1) of the Digital Services Act (DDG). However, according to §§ 7 and 8 DDG, as a service provider we are not obliged to monitor transmitted or stored third-party information or to investigate circumstances that indicate illegal activity. Obligations to remove or block the use of information in accordance with general legislation remain unaffected by this. Liability on the part of the operator usually only arises from the time at which knowledge of a specific legal infringement is obtained. As soon as we become aware of such infringements, we will remove this content immediately.
2. Links This website contains URLs to third-party websites (so-called links). As these are third-party websites, the operator has no influence on the content shown there and cannot accept any liability for this third-party content. The respective provider or operator of the website is always responsible for this content. The linked content was checked for any obvious conflict with applicable German laws at the time the link was created. At the time of linking, such obvious collisions were not recognisable. Permanent monitoring of the linked content is not reasonable without concrete evidence of an infringement. If the operator becomes aware of any legal infringements, he will remove the affected link immediately.
3. Copyright and labelling law The content provided by the operator on this website is subject to German copyright law. Reproduction, editing, distribution and any kind of utilisation outside the limits of copyright law require the written consent of the respective author or creator. This applies in particular to texts, images, graphics, sound, video or animation files, including their arrangement on the web pages. Reproduction or use of such pages (or parts thereof) in other electronic or printed publications and their publication (including on the Internet) is only permitted with prior authorisation; authorisation may be granted by the Executive Board (Imprint). The reprinting and evaluation of press releases and speeches is permitted provided the source is acknowledged. All brand names and trademarks mentioned on the website and possibly protected by third parties are subject without restriction to the provisions of the applicable trademark law and the ownership rights of the respective registered owners.

 

Consumer information:

Online dispute resolution pursuant to Art. 14 para. 1 ODR-VO: The European Commission provides a platform for online dispute resolution (ODR), which you can find here: ec.europa.eu/consumers/odr

We are not obliged to participate in a dispute resolution procedure before a consumer arbitration board and are not prepared to do so.

 

General Terms and Conditions Landlord

1. validity

These General Terms and Conditions apply exclusively between the Landlord as the accommodation provider and HomeCompany Berlin, hereinafter referred to as HomeCompany.

2. conclusion of contract

(1) In fulfilment of the order, the client shall receive offers from prospective tenants who were not previously known to him/her. This proof can be provided by telephone, in text or written form. Despite all care, no liability can be accepted for correctness and completeness. (2) The data of the interested parties are confidential and only intended for the client. Disclosure to third parties requires the consent of HomeCompany. The original client remains the invoice holder, unless otherwise agreed with HomeCompany. If an interested party is already known to the client, HomeCompany must be informed immediately, stating the source. (3) The HomeCompany must be informed immediately of the conclusion of a rental agreement (verbal/written) with one of the announced tenants. (4) If, on the basis of the evidence, an additional transaction is concluded or another transaction is concluded instead of the originally intended one, and if the HomeCompany has proven or brokered the possibility of concluding this transaction, the HomeCompany shall be entitled to the commission according to the transaction(s) concluded. The landlord is free to prove that the commission claim does not result from this

3. broker’s commission

(1) Upon conclusion of a tenancy agreement (verbal/written), a commission amounting to a maximum of 2.40 months’ rent incl. VAT will be charged. VAT of the rent stated in the offer is due immediately. If the property is offered by the landlord for a rental period of less than 12 months, or if the prospective tenant is looking for a rental period of less than 12 months, and the actual period of use is less than / up to 12 months, a commission of 20% of the monthly rent per month rented or part thereof, but limited to a maximum total of 2.40 monthly rents including VAT, will be charged. VAT will be charged.

up to 12 months rental period	20% per rented month of the monthly rent incl. VAT.
over 12 months rental period	2.40 monthly rent incl. VAT.

  (2) The calculation basis is the flat-rate rent, unless the landlord charges the ancillary costs separately in accordance with the Operating Costs Ordinance. Subsequent changes to the amount of rent or ancillary costs have no influence on the calculation of the commission claim. (3) Premature termination of the tenancy shall not give rise to any claims against the HomeCompany. HomeCompany’s claim to the full agency fee due under the original rental agreement remains unaffected by this.

4. permission to let

(1) If the landlord is not the owner of the residential property that is the subject of the contract, the landlord must obtain permission from his landlord to sublet all or part of the property. The landlord is solely responsible for this. The Landlord undertakes vis-à-vis HomeCompany to offer HomeCompany only residential premises owned by the Landlord or for which the Landlord has previously obtained the Landlord’s permission to sublet. (2) The Landlord warrants that the residential premises offered to the HomeCompany are not publicly subsidised or otherwise price-bound and may be let for less than 6 months at a time.  

5. notification of the conclusion of a rental agreement

If a rental agreement is concluded for a contract property, HomeCompany must be informed immediately of the name and address of the tenant for forwarding to Schufa (see order form). This applies regardless of whether the HomeCompany has provided the landlord with proof of the interested party or not. Only the transmission enables the HomeCompany to check whether the contract was concluded on the basis of proof from the HomeCompany. The tenant must be informed by the landlord of the necessity and purpose of this data transfer. The obligation to name the respective tenant of the commissioned property shall continue to apply for a period of 12 months from the end of this contract in the event of letting after the end of the contract.

6. photo and video material and processing of data of the commissioned objects

(1) The HomeCompany is authorised but not obliged to photograph or film the interior of the commissioned objects and to use these photos or video recordings (hereinafter referred to as image material) to present the commissioned objects. This image material can be published on the Internet, among other places. Even if a tenancy agreement is not concluded, HomeCompany is entitled to retain the Landlord’s contact details, the address of the commissioned property, the associated photographic material and exposés for a period of one year after termination of the contract and to process them for its own contractual purposes. The obligation to retain data under other laws remains unaffected. (2) Insofar as the Landlord provides photographic material relating to the commissioned property, the Landlord shall grant HomeCompany simple, free-of-charge rights of use to the photographic material for the brokerage activity. The non-exclusive right of use extends to all actions necessary to present and disseminate the commissioned objects in the form of advertisements and exposés in print and online media. This also includes not naming the author and permission to label the image material with a visible watermark or HomeCompany logo. (3) The lessor warrants that the image material provided by him is free from third-party rights or that the lessor’s rights of use have been granted under the aforementioned conditions. If a claim is made against HomeCompany for infringement of the rights of third parties in relation to the image material provided by the Landlord, the Landlord shall indemnify HomeCompany against all reasonable costs incurred in connection therewith.

7. energy certificate

The landlord is aware of the obligation to reproduce the energy performance certificate in the exposé and advertisements. The Landlord shall indemnify HomeCompany against all claims arising from incorrect information or information not provided by the Landlord in connection with the brokerage of the property, insofar as the Landlord has requested publication despite the lack of information.

8. duration and cancellation of the order

The verification contract is open-ended. It can be cancelled by either party subject to a notice period of 4 weeks. The cancellation must be in text form.

9. suspension of the verification contract for letting

The letting of the commissioned property does not terminate the contract of proof. Rather, the verification contract is suspended until the end of the current tenancy.  

10 Liability of the HomeCompany

(1) HomeCompany only provides evidence of opportunities to conclude rental agreements. The landlord is responsible for the final selection of the tenant and the conclusion of the tenancy agreement. (2) The HomeCompany, its employees and legal representatives are therefore not liable for simple negligence, unless injury to life, limb or health of a person is affected or the damage is based on the breach of a material contractual obligation. In the event of a breach of an essential contractual obligation due to simple negligence, the amount of liability shall be limited to three times the order value, unless life, limb or health are affected. This does not apply to statutory liability under the Product Liability Act.

11. Schufa

The client authorises HomeCompany to obtain SCHUFA information. HomeCompany has concluded a contract with SCHUFA for this purpose. In order for HomeCompany to be able to fulfil its existing obligations to submit reports, the customer undertakes to report the following information to HomeCompany for the purpose of forwarding it to SCHUFA: (1) outstanding claim after enforcement following an effective cancellation pursuant to Art. §§ 543 Abs. 2 Nr. 3, 569 Abs. 3 BGB bzw. wegen Zahlungsverzug nach § 573 Abs. 2 No. 1 BGB (2) If a claim has been reported to SCHUFA, the client also undertakes to report the settlement/settlement of this claim. (3) Any processing or utilisation of this information by HomeCompany for purposes other than those stated is expressly excluded. HomeCompany shall indemnify the client against all claims asserted against the client as a result of processing and utilisation not in accordance with the purposes.

12. collateral agreements and severability clause

Amendments and collateral agreements must be made in writing. This also applies to an amendment of this clause. Should any part of these GTC or the verification contract be or become invalid, the remainder of the contract shall remain valid. The parties undertake to replace the invalid provisions with provisions that come closest to the original intention.

13 Choice of law and place of jurisdiction

This contract shall be governed exclusively by German law. For disputes arising in connection with this contract or its validity, the courts with local jurisdiction for the registered office of HomeCompany shall have exclusive jurisdiction, provided that the Landlord is a merchant, a legal entity under public law or a special fund under public law with its registered office in Germany. The exclusive jurisdiction of the aforementioned courts is also agreed if the lessor is an entrepreneur based in the European Union outside Germany, Switzerland, Norway or Iceland.

14. data protection notice

The data provided will be stored in accordance with data protection regulations, taking into account tax and accounting obligations as well as supreme court rulings on commission claims. The data will not be passed on or sold for advertising purposes. Further details and the exact time periods can be found at http://datenschutz.homecompany.de einzusehen.

General Terms and Conditions for Tenants

1. in fulfilment of the order, the client receives offers from housing providers that were previously unknown to him/her. This proof can be provided by telephone, in text or written form. Despite all care, no liability can be accepted for correctness and completeness. 2. the conclusion of a rental agreement (verbal/written) for one of the announced properties or with one of the announced providers must be communicated immediately to HomeCompany Berlin, hereinafter referred to as HomeCompany. 3. the details of the rental property are confidential and intended only for the prospective tenant. Disclosure to third parties requires the consent of HomeCompany. 4. the data provided will be stored in accordance with data protection regulations, taking into account tax and accounting obligations as well as supreme court rulings on commission claims. The data will not be passed on or sold for advertising purposes. Further details and the exact time periods can be found at http://datenschutz.homecompany.de einsehen. 5 SCHUFA clause on rental applications I consent to the landlord transmitting data on the application for this rental agreement to SCHUFA Holding AG, Kormoranweg 5, 65201 Wiesbaden, Germany, and receiving information about me from SCHUFA. Irrespective of this, the landlord will also provide SCHUFA with data on his existing claims due against me (e.g. amount receivable after enforceable judgement following a termination in accordance with §§ 543 Para. 2 No. 3, 569 Para. 3 BGB or due to default of payment in accordance with § 573 Para. 2 No. 1 BGB). This is permitted under the Federal Data Protection Act (Section 28a (1) sentence 1) if I have not provided the service owed despite the due date, the transfer is necessary to protect the legitimate interests of the landlord or third parties and the claim is enforceable or I have expressly recognised the claim. In addition, the landlord will also provide SCHUFA with data on other non-contractual behaviour (e.g. fraudulent or abusive behaviour). According to the Federal Data Protection Act (Section 28 (2)), these reports may only be made if this is necessary to safeguard the legitimate interests of the landlord or third parties and there is no reason to assume that the legitimate interest of the person concerned in excluding the transfer outweighs this. SCHUFA stores and uses the data received. Utilisation also includes the calculation of a probability value based on the SCHUFA database to assess the credit risk (score). It transmits the data received to its contractual partners in the European Economic Area and Switzerland in order to provide them with information for assessing the creditworthiness of natural persons. SCHUFA’s contractual partners are companies that bear financial default risks due to services or deliveries (in particular credit institutions as well as credit card and leasing companies, but also rental, trading, telecommunications, energy supply, insurance and debt collection companies). SCHUFA only makes personal data available if a legitimate interest in this has been credibly demonstrated in the individual case and the transfer is permissible after weighing up all interests. Therefore, the scope of the data provided may vary depending on the type of contractual partner. In addition, SCHUFA uses the data to verify the identity and age of persons at the request of its contractual partners who offer services on the Internet, for example. I can obtain information from SCHUFA about the data stored about me. Further information about the SCHUFA information and score procedure can be found at www.meineschufa.de abrufbar. The postal address of SCHUFA is: SCHUFA Holding AG, Privatkunden ServiceCenter, Postfach 10 34 41, 50474 Cologne 6. The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. Amendments and supplements must be made in writing. This also applies to the waiver of the written form requirement. There are no verbal agreements to this contract. If the client is acting as or for a merchant, the place of jurisdiction shall be Berlin. Should one of these provisions be or become invalid, the remaining provisions shall remain unaffected.

Cancellation policy

Right of cancellation You have the right to cancel this contract within fourteen days without giving any reason. The cancellation period is fourteen days from the day the contract is concluded. To exercise the right to cancel, you must inform HomeCompany Berlin Thomas Fierus Bundesallee 39-40a 10717 Berlin E-Mail: berlin@homecompany.de Fax: +49 30 8826694 of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, fax or e-mail). You can use the attached sample cancellation form, but this is not mandatory. To meet the cancellation deadline, it is sufficient for you to send your notification of exercising your right of cancellation before the cancellation period has expired. Consequences of cancellation If you cancel this contract, we must refund all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), immediately and at the latest within fourteen days from the day on which we receive notification of your cancellation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees for this repayment. If you have requested that the services begin during the withdrawal period, you must pay us a reasonable amount corresponding to the proportion of services already provided up to the point at which you inform us of your exercise of the right of withdrawal regarding this contract, in comparison to the total scope of services provided for in the contract.  
Sample Withdrawal Form (If you want to cancel the contract, please fill out this form and send it back.)
To: HomeCompany Berlin Owner: Thomas Fierus Bundesallee 39-40a 10717 Berlin Email: berlin@homecompany.de Fax: +49 30 8826694
I/We () hereby withdraw from the contract concluded by me/us () for the purchase of the following goods ()/provision of the following service ():
Ordered on ()/received on (): Name of consumer(s): Address of consumer(s): Signature of consumer(s) (only for notification on paper) Date
(*) Delete as appropriate. End of the cancellation policy.