homefacility General Terms and Conditions
Unless otherwise stated, the following Terms & Conditions shall govern the contractual relationship between homefacility and the contractor of the agreed service(s). The following Terms & Conditions are also an integral part of any future contract. The services offered by homefacility are subject to change and require written confirmation to be effective.
2. Obligations of the Client
Prior to the performance of any service by homefacility, the Client is obliged to inform homefacility to the best of its knowledge about the apartment in question, to instruct it on the building as a whole, to indicate potential hazards and to hand over all necessary keys and documentation. If keys and documentation are not handed over, but are collected by homefacility from a third party, this shall be invoiced subject to the price list applicable at that time.
3. Scope of services and obligations for rental management in accordance with the Basic Package
The company, homefacility, is not a broker. The company, homefacility, is commissioned and authorised to collect the rent and the rent deposit and to administer such in a separate account. The collected rent is forwarded on a regular basis to an account nominated by the contracting authority. The company,homefacility, is authorised to invoice for the rent deposit and to pay it out. Insofar as the Basic Package involves the obligation to engage an estate agent, the contracting company shall commission and authorise homefacility to conclude a market-standard broker contract and to tender payment of the applicable brokerage commissions with the rental income. The company, homefacility, is entitled to take the commission from the rental account.
4. Obligations of the company, homefacility, for rental management in accordance with the Basic Package Light*
The prospective tenants will be named by the contracting authority or by an agency commissioned by it. Insofar as home facility is obliged under the contract to carry out apartment viewings with prospective tenants, homefacility shall assume no warranty for the tenant’s ability to pay. The decision as to whether the prospective tenant is accepted as a tenant shall be taken by the customer exclusively. The tenant is to transfer the rent to an account nominated by the contracting authority. The contracting authority authorises homefacility to receive the initial rent to be paid by the tenant and the rent deposit in urgent cases and to deposit the latter in an account nominated by the contracting authority.
Insofar as the contracting authority issues a Basic Package Light, the total remuneration is to be paid, even if a rental is taken up after less than four visits. If a viewing appointment is agreed with a prospective tenant named by the contracting authority or its commissioned rental agency (broker), this appointment shall be regarded as an apartment viewing even if the prospective tenant does not appear or if they cancel the appointment with less than 2 hours’ notice. If the rental requires more than four viewings, these may be carried out as an additional order against payment of an hourly rate (current price list below). The commissioned service is also to be remunerated unless the service is not provided, or is not provided in full, for reasons for which homefacility is not responsible. In this, homefacility must account for saved expenses and income acquired by means of other use of the workforce. The burden of proof for amounts to be credited shall be borne by the contracting authority.
Insofar as the contracting authority or an agency commissioned by it names a tenant to homefacility, homefacility shall be entitled to pass the keys and the apartment to the tenant. The company, homefacility, shall not be obliged to check the effectiveness of the tenancy agreement and/or the payment of the rent and rental deposit.
5. Payment, Offset, Retention
The Basic Package services are billed on a monthly basis. Where individual services are provided, these shall be invoiced following conclusion of the service. The company, homefacility, shall be entitled to submit interim invoices. The contracting authority shall not be entitled to set off against their own claims or to exercise a right of retention with claims unless the counter-claim is legally titled or recognised by homefacility. If the contracting authority does not fully meet its payment obligation or does not always do so in time, homefacility shall be entitled to retain its contractually owed service until the complete fulfilment of its payment claims by the contracting authority.
The invoices of the contractor for the Basic Package Light shall be charged at the latest after the second apartment inspection and shall be due immediately.
6. Liability, no tax/legal advice
With the exception of damages resulting from injury to life, body or health, in terms of damages on the part of the client resulting from a breach of duty committed following the conclusion of this contract, homefacility shall only be liable in the event of intent or gross negligence.
Homefacility does not provide tax or legal advice. In particular, homefacility does not check whether the rent demanded or agreed upon is in violation of legal regulations such as the "Law on Rent Limitation in the Housing Sector in Berlin" (Berlin-MietenWoG Bln). It is therefore recommended that you consult a tax advisor or lawyer in the case of any tax or legal questions pertaining to matters such as the permissible rent amount.
7. Termination/Change of the Basic Packages
The order for the Basic Package and the Basic Package Light may be changed or even terminated by either party with a notice period of 2 weeks to the end of the month, but not before the termination of the ongoing contractual relationship of the contracting authority with the current tenant that is managed by homefacility.
The termination shall require the written form.
A change from the Basic Package Light to the Basic Package is possible at any time upon consultation.
8. Governing Law, Place of Performance, Place of Jurisdiction
German law shall apply. The place of performance and place of jurisdiction for both parties is Berlin, insofar as legally admissible.
9. Data Protection
The Client agrees that within the scope of the business relationship, necessary client data will be electronically stored. homefacility is authorised to exchange Client data with third parties solely for the purpose of duly fulfilling the terms of the agreement.
10. Final Provision
In the event that individual provisions of these General Terms & Conditions should be or become invalid, this shall not affect the validity of the agreement or the remaining provisions of these Terms & Conditions. The Parties hereby agree that any loophole arising on these grounds shall be shall be replaced by a valid provision which most closely achieves the economic intention of the invalid provision it is replacing.
Status as of 01.06.2017
homefacility accepts no liability for the timeliness, accuracy, completeness or quality of the information provided. Homefacility shall not entertain any claims for material or intellectual loss incurred through the use or non-use of the information provided and, in particular the use of inaccurate or incomplete information, except where deliberate intent or gross negligence may be proven.
This disclaimer is an integral part of the website. Where parts or wordings of the text do not correspond with the prevailing legal position, the content and validity of the remaining text shall not be affected.
Titel: Publication Data / Imprint
Proprietor: Claudia Müller
Company Address: Regensburger Straße 3
VAT No.: DE 814186748
Commercial Licence: Bezirksamt Tempelhof - Schöneberg vom 21.10.2004
Hausverwaltung, Immobilienmakler, Versicherungsvermittler
§ 34c GewO
Bezirksamt Tempelhof - Schöneberg von Berlin
John-F.-Kennedy-Platz, 10820 Berlin
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