General Terms and Conditions
§1 Order fulfillmentA valid brokerage agreement already is created by using the services of the Flathopper GmbH, like tendering and drawing on its proofs and that the further activities of the broker are accepted and processed according to the openly declared terms and conditions. Out of the accommodation registry (offers of living space) from the Flathopper GmbH you decided as the ordering customer (searcher for living space) and found your living space. This renting confirmation must be notified to the Flathopper GmbH as the contractor within 24 hours at the latest. Only with conclusion of the (rental) agreement (oral / written) the commission becomes due. The claim for the highest commission always remains. In case of a short rental period the proportional commission as it is indicated in the commission tables is to be applied. If the tenancy is corrected for a longer rental period during or at the initially agreed ending of the rental period, it is possible that the commission with explicitly consideration of the grading in the commission table is calculated newly and amended in accordance with the actually agreed period of using. But there will not be a further charge if there is already the percentage highest commission on constant agreement of the rental contract. If the tenant or rather user of the living space changes automatically a new contractual relation comes into effect and it will be re-valued according to the grading for the rental periods and the therefore eligible commission will be charged.
An early termination of the tenancy is no reason for refunding the initially agreed and calculated commission. The invoicing takes place immediately after realization of an oral or written agreed tenancy. The due-date for payment is limited to 10 days. Special regulations to the due-date require a previous agreement with the living space agent and a written confirmation. Payment can be made by direct debit, bank transfer or in cash.
§2 Duty of disclosure
To fulfill the broker’s order the client (searcher for living space) receives from the Flathopper GmbH (agent for living space) in oral or written form offers for properties, which were previously unknown to the client. In case that the client already knows an offered property and / or its landlord (provider of living space), the client has to notify the Flathopper GmbH in written form without delay and to establish proof, otherwise will the proof by the Flathopper GmbH be considered as completed.
§ 3 Liability of the client
The offers of the Flathopper GmbH are confidently and are only intended for the client. Passing on of offers to third parties requires consent of the Flathopper GmbH. Bearer of the invoice remains the initially ordering client, provided that no other agreement with the Flathopper GmbH has been made. In case of not authorized transmission the ordering client is liable for the whole commission.
§ 4 Maturity of the commission
The conclusion of a rental agreement (written / oral) for one of the notified properties or with one of the notified landlords has to be told the Flathopper GmbH immediately.
The commission becomes due in case of a rental agreement between the provider and the tenant. The maturity results from the date of the conclusion of the rental agreement (declaration of intent of both parties to the tenancy) and not from the date of the move-in.
The voluntarily granted table of commission of the Flathopper GmbH only goes into effect, if the as in § 1 listed articles of contract to the fulfillment of order were correctly observed. This grading marks the partial maturity of the commission. This one doesn’t apply and the highest possible commission in full amount becomes due, if:
a) a conclusion of a rental agreement or the handing over of a rental property or an extension of the rental period and the resulting additional partial claim for commission wasn’t notified (notification takes places each time in written form and within 48 hours)
b) the agreed payment period exceeds 14 days and no receipt of payment has been noted.
§ 5 Claim for commission
The commission must also be paid if the provider of living space offers another rental property which has not been suggested by the Flathopper GmbH and this one is rented. This also applies if the provider of living space is not the owner of the property or suggests more offers in the name of third parties. The commission must also be paid if rental properties which were proven / offered by the Flathopper GmbH only at a later date or in the name of third parties are rented.
§ 6 Calculation basis for the commission
The calculation basis for the commission is the by the Flathopper GmbH presented and from the provider of living space on its ordering indicated monthly all-inclusive rent as well as the rental period. Later amendments of the rent don’t influence the calculation basis of the completed order.
§ 7 Duty of disclosure
If the client found a living space somewhere else he is obligated to inform the Flathopper GmbH immediately giving the address and the provider of the property.
§ 8 Viewing appointment
In case that an agreed (oral / written) viewing appointment will not be attended, a general fee of EUR 50,00 plus VAT becomes due. But this amount will be offset against a following commission.
§ 9 Subject of the contract
The provider of living space authorizes the Flathopper GmbH to procure and to prove tenants for his rental properties. By placing the order the provider of living space agrees that he accepts the detailed indicated conditions. For this no written or special form is required, because a broker’s order already takes place by conclusive behavior and by using of our service.
§ 10 Presentation and pictures
The provider of the living space gives the right to the Flathopper GmbH to use the pictures (photo / video) of the offered property to publish it in the internet and in other publications. In this connection the Flathopper GmbH is also entitled to provide the offered property and its data including the available pictures as well to other companies or cooperation partners for the purpose of procuring the property.
Possible claims, which are based on a false allocation of pictures or rather on differences between image presentation and current condition, are excluded.
§ 11 Costs
Our services for providers of living space are free of charge. The Flathopper GmbH charges the searcher for living space with the commission in accordance to the at that time valid tables of commissions.
§ 12 Duty to inform, customer protection
In order that it is possible to work for the provider of living space successfully, an immediate information to the Flathopper GmbH has to take place, if:
- a client got in contact as a prospective tenant or was on-site.
- a rental agreement was concluded (written / oral).
- there are changes in the offer for living space (price, appointment, rental period etc.).
- you will be absent for a longer time and are available on a different way.
- the flat was let in another way.
- the flat is not available for a certain rental period.
The provider of living space is also obliged to inform the Flathopper GmbH if the offer isn’t available anymore due to reasons, which must be indicated, especially if it was let in another way without collaboration or proof of the Flathopper GmbH. In this case the source for realizing the contract must be named. The provider of living space is obliged to tell the name of the tenant as well as the user, regardless of whether the procurement was realized by the Flathopper GmbH or it has been let in another way. We point out that in case of conclusion of the contract the commission becomes due and must be paid by the tenant for contracts which were indirectly or directly realized by the Flathopper GmbH (e.g. passing on of your data by a potential tenant of the Flathopper GmbH to third parties).
On procurements of employees of a company it could occur that the company would like to negotiate directly with the provider of living space about future renting of living space. Because the company is a client of the Flathopper GmbH and is contractually bound to it, immediate information about eventually upcoming new tenancies is required. The same applies to relocation agencies and other care agencies and their representatives. In case of breach against the indicated duties we reserve the right for assertion of compensation to protect the client.
§ 13 Exclusion of liability
The Flathopper GmbH merely gives the proof for the occasion to conclude a rental agreement and only appears as person who gives the proof or agent. Despite taking every care we can’t assume liability for eventual damages, which may occur during the tenancy.
§ 14 Legal conditions
Legal conditions of the BGB (German civil code) of the Federal Republic of Germany apply in principle. All changes and amendments must be made in writing. This also applies for the contracting out of the written form. Oral agreements to this contract do not exist. As far as the client acts as a businessman, Kolbermoor is agreed as the place of performance and jurisdiction. The use of the service of the Flathopper GmbH means placing an order and acceptance of these terms and conditions.
§ 15 Final provision
In case that one of these provisions is or becomes invalid, the validity of the remaining provisions is not affected.
Status: 01.03.2012
Flathopper GmbH
