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General Terms of Business

Data protection

German Apartment takes data protection seriously and protects the data of landlords and residents. Our data protection principles apply.

Country exclusions

German Apartment's services are not intended for persons and companies that are residents of the USA, Thailand or Hong Kong due to nationality, place of business, place of residence , habitual residence, green card, other visas or residence permits or other reasons .

 

If you are a resident of the USA, Thailand or Hong Kong , you confirm that you are accessing the German Apartment portal on your own initiative and have not been recruited by German Apartment in any way.

Free of Charge Service for Owners

The services of German Apartment are free of charge for owners. 

General information & definitions

The terms and conditions applicable to the user constitute a legally binding agreement between the user and German Apartment ( www.german-apartment.com ). By accessing www.german-apartment.com , as well as the material or services available on or through the online portal or other websites are available, the user declares that he understands these “General Terms and Conditions” and accepts them as legally equivalent to a written and binding document.

The main definitions in this document are:

 

“User” is any person who visits and uses the website www.german-apartment.com , including the website's offerings that can be found on other websites or apps.

“Owner” is the person who has consented to an advertisement of the accommodation on the German Apartment portal with the aim of publishing them so that the resident can book them via the portal. The owners may be natural or legal persons or other legal entities who own or are duly authorized to rent, on their behalf or on behalf of third parties, accommodation intended for medium or long periods.

By signing up and listing your property , you represent that you either own the property or have the right to rent or sublet it .

German Apartment's services accepts these General Terms and Conditions and declares that he is authorized to carry out his obligations on behalf of the owner.

“You” is the user, resident or owner.

“Resident” means the person who orders an Accommodation booking through the Portal and/or who lives in an Accommodation and is not the owner of that Accommodation.

“Advertisement” is a listing by German Apartment published accommodation for the purpose of making it available for booking via the portal.

“Accommodation” means the residential property, apartment, house, room or room that the Owner displays via the German Apartment website so that the Resident can book it online.

“Rental agreement” is the private contract regarding the rental relationship, which is drawn up between the owner (as landlord) and the resident (as tenant), to which German Apartment is not a contractual partner.

“Occupancy Day” is the day specified by the Resident when confirming the Booking as the day on which they will move into the Accommodation.

 

“Move-out Day” is the day specified by the Resident when confirming the Booking as the day on which they will move out of the Accommodation.

“Payment” or “Deposit” means the payment made by the Resident upon booking the Accommodation through the Portal after the Booking has been confirmed by the Owner .

“Service fee” is a fee that German Apartment charges the tenant for the services provided.

“Booking Application” is the application submitted by the Resident to book the Accommodation. It is carried out by clicking on the corresponding button and filling out the booking form.

Approval

The use of the website www.german-apartment.com constitutes the status of user and requires the user's complete and unconditional consent to the general terms and conditions in force at the time the user accesses them.

German Apartment reserves the right to restrict access or completely remove a user from the site without notice if it is suspected that the user has violated the Terms of Use. This does not entitle the user to any compensation and German Apartment will not incur any financial losses or losses as a result. Regardless of whether the user is a landlord or a tenant, the above provisions may include, without limitation, the cancellation of bookings and/or booking requests, the cancellation of the publication of advertised accommodation and/or the deactivation of the user account(s) at any time. If a booking is canceled by German Apartment in accordance with this paragraph, neither the owner nor the resident as parties to the current or future rental agreement will be entitled to any type of compensation .

Access, registration, navigation, use, hosting and/or downloading of materials and/or use of the services of any website and/or content of German Apartment by minors (age under 18 years) is prohibited . By accessing or using a German Apartment website and/or content , the user warrants that he or she has reached the age of 18 and is authorized to enter into a legally binding contract with us. You acknowledge German Apartment 's right to withhold payment for services as a result of failure to comply with these Terms and Conditions. In any case, it is the user's responsibility to check whether you are authorized to enter into a legal contract at the location of the accommodation.

German Apartment offers an online portal for landlords, owners or managers of accommodation means puts you in touch with one or more residents who wish to book these accommodations for medium or long periods. These services can be found on www. german-apartment.com and other websites, apps for smartphones and other devices through which German Apartment offers its services.

German Apartment does not offer tourist accommodation. German Apartment is neither a tour operator nor a platform whose intention is to act as an intermediary, offering real estate, land or tourist accommodation.

Services & tasks

The portal is used to facilitate the booking of accommodation by residents for medium or long term stays To be able to book stays , including but not exclusively for study, training, research or work stays. These accommodations are published on the Portal either by the Owner or by German Apartment staff upon request and with the consent of the Owners, providing them with the technology necessary for this purpose.

German Apartment is not a manager or real estate agent. German Apartment 's tasks are limited to:

a) Providing the online portal and digital services, in accordance with the General Terms and Conditions.

b) The services of German Apartment are free of charge for the owner. German Apartment does not charge any fees, brokerage fees or commissions to the owner.

c ) After the Owner accepts the booking, German Apartment, on behalf of the Owner, accepts the initial payment charged by German Apartment to the Resident. The Payment equal to the first month's rent determined by the owner will be transferred to the owner . After the owner accepts the booking, German Apartment will not receive any additional payments. From the moment the Owner accepts the booking of the accommodation, he is the only one responsible for collecting the rental price of the accommodation from the 2nd month's rent .

Accommodations

German Apartment may, but is not obliged to, verify the accommodation specified by a landlord on the website . Such verification may take the form of an inspection of the property by German Apartment or an online verification by a German Apartment representative .

All ads in the portal are created and checked by German Apartment .

The advertisements published in the advertisements serve as orientation and fulfill an explanatory function. The measurements provided therein are not guaranteed to be accurate. German Apartment is in no way liable for inaccurate information.

The owner undertakes to provide all necessary information requested by German Apartment . This includes, among other things: location, characteristics and availability of the accommodation as well as the rent and all information about the payment conditions.

Any changes to the rental price of the Accommodation, as well as the payment terms and information published in the advertisement, are always determined at the discretion of the Owner. Furthermore, the owner declares and accepts that all the information provided to German Apartment is true, correct and updated. The owner must immediately inform German Apartment of any change. In this context, the owner undertakes to submit all documents requested by German Apartment as quickly as possible in order to verify the ownership of the accommodation or to fulfill a legal or contractual requirement.

The creation of the advertisements and the audio and video material are free of charge for the owner. After creating the advertisement of the accommodation, the owner has three (3) calendar days after registering German Apartment to express any disagreement with the advertisement . Otherwise, after this period has expired, the owner has declared his consent to the advertisement and accepted the general terms and conditions of German Apartment . The Owner understands and agrees that once the Resident books the Accommodation, the price of that booking cannot be changed.

German Apartment guarantees the characteristics of the accommodations as of the day on which German Apartment checked them. Residents acknowledge and accept that the accommodation they have booked was inspected on a different day and before the day of booking and that its characteristics may differ from the condition on the day German Apartment inspected it . The owner nevertheless undertakes to maintain the accommodation in a condition similar to that shown in the advertisement. If the condition of the accommodation differs significantly from that of the advertisement, German Apartment reserves the right to remove the advertisement for this accommodation from the portal, the app and the services. German Apartment reserves the right to withhold or reclaim the fees earned for the provision of services as compensation for non-compliance with these General Terms and Conditions.

In the event that there are discrepancies between the content of the advertisement and the content of the General Terms and Conditions of German Apartment , the latter will prevail. German Apartment reserves the right to refuse to publish the advertisement of an accommodation if, in its sole discretion, it violates or may violate the General Terms and Conditions and the relevant legislation.

German Apartment may refuse to register a user, resident or owner, on the Platform at its sole discretion and without prior notice.

If the owner German Apartment provides images and film material of the accommodation , he authorizes German Apartment to publish this in the advertisement and declares his consent to the temporary transfer of his copyright or other existing intellectual property rights over the audiovisual material and advertising material for the publication of the advertisement and he also guarantees that, in accordance with this clause, it does not infringe the intellectual property rights of third parties. The user is solely responsible for all third-party claims resulting from the infringement of third-party intellectual property rights, including all legal fees and court costs. Likewise, the user agrees to indemnify and hold German Apartment harmless from all claims related to such violations.

The audiovisual material provided is exclusively from the property and may not contain any references to personal information or offensive content . German Apartment reserves the right to remove this material from the display at any time and without prior notice to the owner. The owner is entitled to remove and/or delete the images provided using the tools available to him on the platform. German Apartment is not liable for the removal of the images on other third-party websites or platforms.

In any case, the owner accepts and authorizes German Apartment to publish the advertisement of his accommodation on German Apartment . In addition, with the aim of achieving the widest possible distribution of the advertisement of your accommodation, the owner authorizes German Apartment to publish it on external classified advertisements and websites.

In cases where the relevant regulations of the place where the accommodation is located so require, the owner will, in accordance with the conditions and requirements imposed at any time by the legislation in force, obtain a registration number for the accommodation, which, if applicable, shall be in of the advertisement or communicated to the competent authority when the latter requires it, as well as any other necessary approvals, approvals or requirements.

The Owner is fully responsible for complying with all applicable rules and regulations relating to the Accommodation and the advertisement and in particular maintaining the conditions of the Accommodation required by law to keep the registration number up to date and in force, as well as all other authorizations, to fulfill authorizations or legal requirements. German Apartment shall not be liable for any claims arising from the breach of the foregoing provisions and shall be entitled to claim from the Owner for any damages arising directly or indirectly as a result of the inaccuracy or incorrectness of the accommodation's registration number or the breach of other regulatory requirements . The Owner undertakes to immediately inform German Apartment of any change that affects its ability to offer the Accommodation for rental.

In the case of subletting the accommodation offered in German Apartment , the Owner warrants that, in accordance with these General Terms and Conditions, he has the necessary licenses and authorizations to sublet the accommodation, in accordance with the laws in force in the location of the accommodation, and German Apartment from the Liability exempted in the event of non-compliance with legal regulations.

In the event that German Apartment discovers that any of the properties listed by the landlord on the platform is being sublet, German Apartment has the right but not the obligation to contact the current landlord or owner of the property to confirm that an express written notice has been given There is approval from the landlord or owner to sublet the property through German Apartment . Likewise, the owner or landlord must provide the sublandlord's contact information, email and telephone number if this information is requested by German Apartment .

The user hereby acknowledges that German Apartment is not responsible for any content written/created by tenants or landlords and therefore cannot be held liable for their actions.

Account management 

German Apartment may, at its own discretion and without being obliged to provide reasons, restrict access to the website, deactivate or delete the advertisements, in each case without assuming any liability and without being obliged to register in advance. Owners can request that German Apartment remove their listings from the portal by writing to: info@german-apartment.com.

Booking

When the resident selects the accommodation they wish to book, they must complete the information requested by German Apartment . German Apartment provides detailed information about the amount of prices that the resident consents to be collected by German Apartment in the event that the booking is accepted by the owner using the payment methods available on the portal.

If a booking request is made via the portal, we can forward the following information to the owner :

a) Resident information: age, nationality, company, university, profession, education and other information specifically requested by the owner.

b) A link to the German Apartment page on which the accommodation is published or information about the accommodation

If the Owner accepts the booking requested by the Resident, the Resident will be required to pay the 1st month's rent plus the applicable service fee transfer to German Apartment. A booking confirmation will then be sent to the owner and the resident and the contractual partners will be contacted. From this point on, it is the owner's responsibility to provide the resident with all the information necessary to move into the accommodation.

If, in the uncertain case, that the accommodation is not available or the owner cancels the booking, the entire payment (first month rent and service fee) made to German Apartment, will be reimbursed within 5 working days to the tenant. 

German Apartment will at no time collect fees via direct debit (e.g. SEPA direct debit). Payments must always be actively initiated by the resident.

In the event that German Apartment is notified of a booking error by the owner or resident within the first hour of issuing the confirmation email, German Apartment reserves the right to cancel a booking based on the information provided and at its sole discretion confirmed booking within the first 24 hours of issuing the confirmation email. In such cases, neither the owner nor the resident is entitled to any type of compensation.

German Apartment may, at its sole discretion, offer the Resident a credit towards a future booking towards the Service Fee or seek alternative accommodation with similar amenities, but is not obligated to do so.

The Owner acknowledges that he is solely liable for any advertisement that he releases for publication and that he has full control and the right to accept the booking for the property advertised in the advertisement.

The Owner further confirms that upon accepting a booking:

a) does not violate any agreement concluded with third parties, and

b) the execution in compliance with all laws, tax regulations and other regulations applicable to an accommodation contained in an advertisement, without violating the rights of third parties.

German Apartment assumes no liability for any violation of applicable laws, rules and regulations by the owner. German Apartment reserves the right to remove publication or disable access to any advertisement at any time and without notice for any reason, including without limitation any advertisement that German Apartment, in its sole discretion, deems objectionable for any reason .

Both the Owner and the Resident understand and agree that German Apartment is in no way acting as an agent or agency for the Owner or Resident.

German Apartment provides the Owner with certain information about the Resident wishing to make the booking, which the Owner has provided to him and to which he has agreed for this purpose. Both Owner and Resident understand and agree that they are responsible for their own actions and omissions in this regard.

By using the Platform, Application or Services, you agree that any legal action or claim arising as a result of the acts or omissions of the Owner, Residents or third parties resulting in injury will be brought solely against the party in question and you agree to indemnify German Apartment against any legal action or claim relating to such failures. German Apartment recommends that owners obtain appropriate insurance for their accommodations. German Apartment is not liable for the loss or theft of items located inside or outside the rental accommodation.

German Apartment is a portal that allows accommodation to be booked online. In this capacity, it does not provide control services regarding the accommodations and does not hold keys to the accommodations.

Rental payments

Once the rental agreement or other agreement has been drawn up between the resident and the owner, the owner alone is responsible for collecting rent from the resident starting with the second month's rent . German Apartment is in no way responsible for the collection of the rent (except for the first month's rent) nor for any non-payment that may arise.

 

Accommodation collection

After the Owner has accepted the booking and German Apartment has sent the booking confirmation, including the contact details of both contractual partners, to both the Resident and the Owner, it is the Owner's responsibility to give any additional instructions to the Resident in relation to their occupancy of the Accommodation.

The Owner must ensure that the Accommodation booked by the Resident is in the expected and appropriate condition for habitability and that the characteristics and rental price provisions published in the Accommodation advertisement are complied with.

Principles for when the resident moves into the accommodation

The resident may inform German Apartment of any significant or minor defects in the accommodation, as well as report the inaccuracy of the accommodation in relation to the characteristics specified in the advertisement, within 24 hours of the move-in date, by submitting a request via the contact form in their profile or via Email to info@german-apartment.com indicating the reservation number, attaching the necessary visual evidence (photos and/or videos) of the defects and an express confirmation that the defects have been discussed with the owner. As soon as the request has been received by German Apartment , the matter will be checked and evaluated.

A material defect is defined as a circumstance that creates unlivable conditions, a health risk and/or material changes that differ from the description in the advertisement. A significant deficiency includes:

  • Handing over the wrong accommodation

  • Structural damage to the property ( e.g. cracked/crumbling walls or ceilings; unclosable opening to the outside; flood or fire damage)

  • Contaminated water supply

  • Mold in the bedroom, living room or kitchen

  • Active large-scale infestation (e.g. bed bugs or rodents )

A "minor defect" is defined as a circumstance in which the resident encounters unexpected problems in or around the accommodation that do not constitute uninhabitable conditions, a health risk, or a material change other than as described in the advertisement. A minor defect may include, but is not limited to, the following examples:

  • Problems in the external environment of the property

  • Wear and tear ( e.g. small cracks or small holes in the wall; signs of wear and tear on the furniture; aged but functional appliances)

  • Missing or inadequate equipment ( e.g a Announced furniture or equipment will not be provided; Broken washing machine, dishwasher, vacuum cleaner, air conditioner, oven, coffee maker , missing or burnt out light bulbs; Unstable internet, temporary power outage or lack of hot water; Inadequate cleanliness; Lack of cleaning by current roommates; Lack of cleaning after the previous tenant moved out; Remaining odors in the property; Slight mold in the bathroom ).

  • Terms of contract not previously disclosed

Should German Apartment conclude that there is a significant defect, the landlord will be deemed to have failed to ensure that the accommodation was in good condition before the move-in date and to have breached these Terms and Conditions . German Apartment will then request that the owner correct these defects.

Measures to correct these defects must be initiated by the owner within two (2) days .

If German Apartment considers that there is neither a significant nor a minor defect and the resident cancels the reservation for unfounded reasons canceled, the resident will forfeit payment of the 1st month's rent and service fee.

Likewise, the first month's rent and service fee must be paid in full and will not be refunded or reduced in whole or in part if the resident moves out of the apartment before the agreed end of the tenancy.

Rental agreement between residents and Landlord

German Apartment is not a party to a rental agreement. This contract is signed only by the resident and the owner and accordingly German Apartment is exempt from all legal matters and cannot be held liable in the event of any disputes, discrepancies or claims. Any situation arising from the above rental agreement will be settled between the resident and the owner. Furthermore, German Apartment is not involved in negotiations regarding a deposit required by the landlord and paid by the resident under the rental agreement or any other contract, nor does it act as an intermediary in disputes relating to a deposit.

German Apartment advises both the resident and the owner to carefully read the rental agreement or any other contract concluded, as it is the instrument that regulates the relationship between the two.

 

Disclaimer

After 48 hours from the day the resident moves into the apartment and from the transfer of the first month's rent by German Apartment to the owner, any kind of legal relationship between German Apartment and the resident and between German Apartment and the owner with regard to this booking ends . German Apartment is in no way liable for events that occur as a result of the subsequent relationship between the owner and the resident.

 

Careful treatment of the accommodations

The resident is responsible for maintaining the accommodation in the condition it was in when moving into the accommodation. Resident and Owner acknowledge and agree that they are responsible for their own acts and omissions and those of any other person they invite to or allow to enter the Accommodation. Under no circumstances will German Apartment be liable for any damage caused to the accommodation, so this liability must be decided between the owner and the resident.

Minimum rental period and violations of the general terms and conditions

The minimum booking period via the portal is one month, although the owner can set a longer minimum rental period.

The rental always takes place in full months. In individual cases , fifteen-day contracts are also possible , provided the minimum rental period is over one month.

When the Resident makes a booking and it is confirmed by the Owner, he must transfer to German Apartment the 1st month's rent plus the service fee using the payment methods available on the Portal. The “ Service Fee ” is a flat rate that German Apartment receives from the Resident for the services provided.

In any case, the owner determines the rent for the accommodation at his discretion.

Violations of the Terms and Conditions: Evasion of German Apartment's fees

The parties agree that it is prohibited to circumvent the booking and payment processes, in particular the service fees of German Apartment . In the event that the User proposes another digitally connected User or leaves the Platform in order not to pay German Apartment 's fees , the said User must pay compensation to German Apartment in the amount of the relevant service fee for the booking in question.

The sections applicable to this section are listed below:

German Apartment has the right to take the following actions due to a breach of our Terms and Conditions , provided service fees have not been paid or not paid in full by the tenant:

Measures regarding tenants :

• All current and future bookings of the resident will be cancelled.

• The resident's German Apartment account will be temporarily or permanently blocked.

• Legal proceedings are initiated against the resident or their company so that a court can formally decide whether the resident owes the money.

• A debt collection company is called in to collect debts due to German Apartment .

• Any additional legal and/or collection costs incurred by German Apartment will be credited towards your debt.

• German Apartment reserves the right to withhold future payments, refunds and/or guarantees.

German Apartment may take legal action against any non-performing party, individual or legal entity, including its directors, who may be held personally liable for the amounts.

Cancellation 

Article 16 of Directive 2011/83/EU of the European Parliament and of the Council of October 25, 2011 prescribes the exceptions to the right of withdrawal. “Member States shall not provide for the right of withdrawal in accordance with Articles 9 to 15 in the case of distance contracts and off-premises contracts if: (a) in the case of service contracts, the service has been fully provided, if the trader carries out the provision with the prior express consent of the consumer and his knowledge, that he loses his right of withdrawal if the contract is fully fulfilled by the entrepreneur.

German Apartment is an online marketplace that brings tenants and landlords together digitally. Therefore, its services are considered to have been fully provided:

a) If the resident has made a booking request and the landlord has approved this booking request.

b) If the landlord has approved the resident's reservation request.

Reviews

If the rental agreement for a German Apartment Platform managed accommodation expires, German Apartment can Send the resident an email inviting him to make an assessment . These reviews are published on our platform. Owners can, in turn, respond to these reviews. German Apartment reserves the right, without prior notice, to not publish or to remove the reviews/responses that do not comply with our review guidelines.

Force majeure

Users affected by force majeure can Cancel reservation or receive , depending on the circumstances, compensatory action at the discretion of German Apartment . Force majeure cases include:

  • Serious damage to the property.

  • Changes in government travel requirements. Unexpected changes in visa or passport requirements imposed by a government decision that prevent the user from reaching the destination. Lost or expired travel documents are not included .

  • Declared emergencies and epidemics. When a local or national emergency is declared, epidemics, pandemics and public health emergencies. Diseases that are endemic or common in a particular area are not included .

  • Government travel restrictions. Travel restrictions imposed by a governmental authority that prevent or prohibit travel to, stay at, or return from the location where the reservation request is made. Non-binding travel recommendations and similar government instructions are not included .

  • Military actions. Acts of war, hostilities, invasions, civil war, terrorism, explosions, bombings, riots and civil unrest. This does not include active participation in these activities and intentional entry or transit into or through areas affected by them.

  • Death of the user, a first degree relative or a minor or incapacitated person if the tenant is the legal guardian.

  • Natural disasters. Force majeure and other severe and abnormal weather events that may occur. Excluded are weather or natural conditions that occur so frequently in a particular area that they are predictable.

Each of these circumstances must be determined by the m German Apartment - Representatives are assessed specifically and individually. In the event that one of these cases applies to the owner and/or the resident, German Apartment reserves the right to request from the affected parties all relevant documents that German Apartment team deems necessary on a case-by-case basis. Any decision regarding the situations contained herein will always be based on the official communications from the relevant authorities made available at any given time.

If the resident cancels his reservation due to force majeure, German Apartment will refund the service fee paid by the resident to German Apartment or take compensatory measures , provided sufficient documentation is provided; The assessment is carried out at the sole discretion of German Apartment.

 

The landlord is not entitled to compensation if the resident 's reason for cancellation is force majeure and, in the specific case, force majeure actually exists.

It has to be assessed specifically and individually by German Apartment representatives . In the event that one of these cases applies to the owner and/or the resident, German Apartment reserves the right to request from the affected parties any relevant documentation that the German Apartment team deems necessary on a case-by-case basis . Any decision regarding the situations listed here will always be based on the official communications from the relevant authorities made available at a given time.

Among other things, but not limited to, the following situations are not considered force majeure:

  • Unexpected illness, disease or injury.

  • State obligations such as court appearances or military duties.

  • Travel advice or other government guidance that does not constitute a travel ban or prevention .

  • Cancellation or postponement of a study, training or work start for which the booking was made.

  • Traffic disruptions such as road closures and cancellations of flights, trains, buses and ferries.

Cases of force majeure may occur can only be asserted by users who actually intend to move into the property or have already moved in, i.e. not by third parties who book the property and have not moved in or will move in themselves.

In case of any discrepancy, the German version of the General terms and conditions of business regulation (“Allgemeine Geschäftsbedingungen”) shall prevail.

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