Legal information
HomeCompany Munich
Imprint
| Company name: | H C M Immobilien GmbH |
|---|---|
| Management: | Andreas Schauer |
| Address: | Germaniastr. 20 80802 München |
| Tel.: | + 49 (0) 89 – 19445 |
| Fax: | + 49 (0) 89 – 27322929 |
| E-mail: | muenchen@homecompany.de |
| USt.-IdNr.: | DE 265102254 |
| Chamber: | IHK München |
| Supervisory authority: | Landeshauptstadt München Kreisverwaltungsreferat Amt für öffentliche Ordnung Gewerbewesen Ruppertstr.19 80313 Munich |
| Commercial register number: | HRB 179 525 |
| Register: | Amtsgericht München |
Disclaimer, privacy and copyright notice
- Content
The contents of our pages have been created with the greatest care. The operator assumes no liability for the correctness, completeness and topicality of the contents – beyond the liability arising from § 7 para.1 According to §§ 8 to 10 of the German Telemedia Act (TMG), the operator is 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. A liability of the operator usually only arises from the time of knowledge of a specific infringement. If justified complaints become known, the operator will remove the content in question immediately. - Linking
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. - 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 REGULATION: 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 GTC apply in addition to the form to be filled out with which the accommodation is offered.
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.
3. Broker commission
(1) Upon conclusion of a rental agreement (verbal/written), a commission amounting to a maximum of 1.75 months’ rent incl. VAT will be charged. VAT of the rent stated in the offer due immediately . If the property is offered by the landlord for a rental period of less than 10 months, or if the prospective tenant is looking for a rental period of less than 10 months and the period of use is less than / up to 10 months, the commission shall be calculated expressly taking into account the following scale. If the tenancy continues beyond the initially agreed rental period, HomeCompany will continue to charge according to the commission scale, but not more than a total of 1.75 months’ rent.
| Up to 3 months | 55 % incl. 19% VAT |
| Up to 4 months | 70 % incl. 19% VAT |
| Up to 5 months | 85 % incl. 19% VAT |
| Up to 6 months | 100 % incl. 19% VAT |
| Up to 8 months | 120 % incl. 19% VAT |
| Up to 10 months | 150 % incl. 19% VAT |
| Up to 10 months | 175 % incl. 19% VAT |
(2) The calculation basis is the all-inclusive rent (including ancillary and special costs such as internet, parking space), unless the landlord specifies the ancillary costs separately. Subsequent changes to the amount of rent or ancillary costs have no influence on the calculation of the commission claim. If the ancillary costs are shown, the commission is calculated from the basic rent, but then the commission scale does not apply and the full commission of 1.75 months’ rent incl. VAT is charged. VAT will be charged.
(3) In the event of premature termination by the tenant, the commission for rental periods that have already been settled but for which no further rent is paid shall be refunded to the landlord, but not if the rental agreement is terminated before the agreed minimum rental period expires.
(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.
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 the agency to only offer the agency accommodation that is 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 Agency are not publicly subsidized or otherwise price-bound and may be rented out for less than 6 months at a time.
(3) If the Landlord is aware of ongoing or planned construction work on his rental property or on the building, HomeCompany must be informed promptly.
5. Notification of the conclusion of a rental agreement
If a rental agreement is concluded for a commissioned property, the agency must be informed immediately of the name and address of the tenant for forwarding to Schufa (see order form). This applies regardless of whether or not the agency has provided the landlord with proof of the interested party. Only the transmission enables the agency to check whether the contract was concluded on the basis of proof from the agency. 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 a lease after the end of the contract.
6. Photo and video material and processing of data of the commissioned objects
(1) The agency 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) for the presentation of the commissioned objects. This image material can be published on the Internet, among other places. Even if a tenancy agreement is not concluded, the agency shall be 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 retention obligation under other laws remains unaffected by this
(2) Insofar as the Lessor provides photographic material relating to the commissioned property, the Lessor shall grant the Agency simple rights of use to the photographic material free of charge 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 mark the image material with a visible watermark or logo of the agency.
(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. Should a claim be made against the agency for infringement of the rights of third parties in relation to the image material provided by the lessor, the lessor shall indemnify the agency against all reasonable costs associated with this.
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 the estate agent against all claims arising from incorrect information or information not provided by the landlord in the course of brokering the property, insofar as the landlord has requested publication despite the lack of information.
8. Duration and termination of the order
The verification contract is open-ended. It can be cancelled by either party subject to a notice period of two weeks. The cancellation must be in text form.
9. Suspension of the rental agreement in the event of 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 agency
(1) The agency shall only provide 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 Agency, its employees and legal representatives shall therefore not be 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. To the extent permitted by law, liability shall otherwise be limited to three times the value of the order. This does not apply to statutory liability under the Product Liability Act.
11. Schufa
The client authorises the broker to obtain SCHUFA information. The broker has concluded a contract with SCHUFA for this purpose. In order for the broker to be able to fulfill his obligations to submit reports, the client undertakes to report the following information to the broker for the purpose of forwarding it to SCHUFA:
(1) Outstanding claim after titling following an effective cancellation in accordance with §§ 1 and 2 of the German Civil Code. §§ 543 Abs. 2 Nr. 3, 569 Abs. 3 BGB bzw. wegen Zahlungsverzug nach § 573 Abs. 2 Nr. 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 use of this information by the broker for purposes other than those stated is expressly excluded. The broker shall indemnify the client against all claims asserted against the client arising from processing and use 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 agency’s registered office shall have exclusive jurisdiction, provided that the lessor 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.
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. H C M Immobilien GmbH, hereinafter referred to as HomeCompany, must be informed immediately of the conclusion of a rental agreement (verbal/written) for one of the advertised properties or with one of the advertised providers.
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 about the application for this rental agreement to SCHUFA Holding AG, Kormoranweg 5, 65201 Wiesbaden, 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, Germany
6. the law of the Federal Republic of Germany shall apply to the exclusion of 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, Munich is agreed as the place of jurisdiction. Should one of these provisions be or become invalid, the remaining provisions shall remain unaffected.
Cancellation policy
Right of withdrawal
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 your right of cancellation, you must send us
HomeCompany München
H C M Immobilien GmbH
Germaniastr. 20
80802 München
E-Mail: muenchen@homecompany.de
Fax: +49 89 27322929
of your decision to withdraw from this contract by an unequivocal 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 expires.
Consequences of cancellation
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from 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 should commence during the cancellation period, you must pay us a reasonable amount corresponding to the proportion of the services already provided up to the time at which you inform us of the exercise of the right of cancellation with regard to this contract compared to the total scope of the services provided for in the contract.
Cancellation form template
(If you wish to cancel the contract, please complete and return this form).
To:
HomeCompany München
H C M Immobilien GmbH
Germaniastr. 20
80802 München
E-Mail: muenchen@homecompany.de
Fax: +49 89 27322929
I/we (*) hereby cancel the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*):
Ordered on (*)/received on (*):
Name of the consumer(s):
Address of the consumer(s):
Signature of the consumer(s) (only for notification on paper)
Date
(*) Delete as appropriate.
End of the cancellation policy.