General Terms and Conditions

General Terms and Conditions of coming home GmbH for Landlords

Application, broker appointment, agency services

1.1. The legal relationship between the client and coming home GmbH is regulated by these General Terms and Conditions. The parties agree that the "General Terms and Conditions of coming home GmbH for Landlords", as amended from time to time, shall likewise apply to follow-up orders.

1.2. coming home GmbH is commissioned to demonstrate an opportunity to let or broker the letting of living space on a temporary basis. Such an opportunity may be demonstrated verbally or in writing or by telephone, fax or email.

1.3. coming home GmbH shall market the living space by means of an anonymised description of the object, stating the street, but not the house number (property description), by publishing it on the coming home website and relevant real estate portals.

1.4. Any subsequent change of the landlord's order shall be valid only if agreed upon in writing.

Price list, due date, cancellation

2.1 In case of successful proof or mediation of a temporary residential rental contract, a commission is owed. This amounts to 12% of one month's rent plus 19% VAT if the landlord offers the property exclusively at coming home GmbH. If the property is also offered for marketing at other agencies or portals, the fee will be adjusted to 14% plus VAT. The commission is calculated on a daily basis. Monthly rent means the total monthly rent to be paid to the client including ancillary costs and any special services (e.g. garage, parking space, electricity, heating, water). If a net cold rent plus advance payment of ancillary costs has been agreed, the monthly rent shall be understood to be the amount of the net cold rent plus the advance payment of ancillary costs. Note on the MietenWoG Bln: If, in addition to the maximum rental amount permitted under the MietenWoG Bln, a higher rent is agreed in the rental agreement in accordance with the provisions of the BGB (BGB rent or so-called "shadow rent"), the following shall apply to the commission payable by the landlord to coming home in accordance with the provisions set out in these GTC: Should the MietenWoG Bln be legally declared (partially) null and void, the commission to be paid to coming home shall be based on the agreed BGB rent as of the date of (partial) nullity stated in the judgment - and thus, if applicable, also retroactively. The difference amounts of the commission resulting from the change of the rent are then to be paid by the landlord to coming home within one month without being asked. Should the MietenWoG Bln no longer be applicable due to the passage of time, the amount of the commission to be paid shall be based on the then applicable BGB rent. In deviation from 2.1. special agreements can be made. These are only valid in written form.

2.2 However, the amount of the commission depends on the contractual rental period and is calculated on the actual months rented. The landlord receives an invoice with VAT shown.

2.3 In the event of premature termination by the tenant for reasons for which the landlord is not responsible, the commission will be offset pro rata in the form of a credit against the next rental.

2.4 If the originally agreed rental period is extended, a further commission payment will be due to coming home GmbH.

2.5 The claim for commission arises with the conclusion of a tenancy and is due at the latest at the beginning of the tenancy. Other arrangements require the agreement of coming home GmbH.

2.6 Cancellation or premature termination of the rental relationship, with the exception of the facts regulated in section 2.3, does not establish any claims against coming home GmbH. The claim of coming home GmbH to the unreduced agency fee according to clauses 2.1. and 2.2. in accordance with the contractual term remains unaffected.

2.7 A commission in accordance with clauses 2.1. and 2.2. is also owed if the client presents and rents to the proven prospective tenant an offer other than the one originally proven by coming home GmbH. This also applies in the event that the client is not the owner of the property or acts on behalf of a third party.

2.8 Further additional services can be booked for a fee after requesting them. For the issuance of a contract extension from the 24th month an amount of 39.00 EUR plus VAT will be charged. For the issuance of a rental contract without the brokerage of a tenant, an amount of 149.00 EUR plus VAT will be charged.

Client's duty to inform

3.1. Should the client already have learned of a tenant found or brokered, he shall forthwith inform coming home GmbH stating the source. Otherwise, coming home GmbH shall be entitled to the commission payable in accordance with No. 2.1. and No. 2.2. if a tenancy agreement is concluded.

3.2. The client shall be obligated to inform coming home GmbH forthwith of the conclusion and the essential details of a tenancy agreement and to hand over a copy of the tenancy agreement. This duty to inform shall likewise apply if contract negotiations are abandoned at an advanced stage and an agreement is not concluded unexpectedly. Should the client fail to comply with the duty to inform as per No. 3.2., he shall be obligated to indemnify coming home GmbH from and against any claims asserted by a third party because coming home GmbH has offered the living space although it was not available.

3.3. Likewise, coming home GmbH shall forthwith be notified of any intention to prolong an existing tenancy (with or without extension option), however, at the latest one month prior to the expiry of the original term contractually agreed. Failure to observe this duty may result in claims for compensation on the part of coming home GmbH.General Terms and Conditions of coming home GmbH for Landlords

3.4. The client shall forthwith inform coming home GmbH if any data relevant to the conclusion of the tenancy agreement changes (e.g. contact details, longer absence, rent, furnishings, availability, viewings cannot take place or other circumstance preventing letting).

3.5. The client shall forthwith inform coming home GmbH if a tenant found or brokered by coming home GmbH makes a new inquiry directly to the client within 24 months of the expiry of the tenancy agreement and another tenancy agreement is concluded.

3.6. The client undertakes to give the name of the tenant, regardless of whether the tenancy agreement has been brought about by coming home GmbH or otherwise. Only the transmission of this data enables coming home GmbH to check whether the agreement was concluded due to an opportunity demonstrated by the agency. The landlord shall point out to the prospective tenants the necessity and purpose of this transmission of data.

3.7. Prior to the provision of the services owed by coming home GmbH, the client shall be obligated to inform coming home GmbH about the property to be managed and point out any sources of danger. This shall also include any construction defects, planned construction work, defects remedied recently (e.g. mildew etc.), upcoming repair work and any and all circumstances which may be of importance to the lettability of the apartment (e.g. construction site in front of the building). The client confirms the proper function of the heating and the hot-water supply. Any breach of this duty shall result in the provision of No. 2.3. not applying.

Prohibition of circumvention

4.1. The client shall refrain from making arrangements with the prospective tenants found which are suitable to circumvent the client's obligation to pay the commission to coming home GmbH. The same shall apply to any to arrangements that have an effect on the amount of the client's obligation to pay the commission.

4.2. For the duration of the order, the client undertakes to inform coming home GmbH if the living space is published in market-relevant media, at other agencies, on internet portals or on own websites. Moreover, the client undertakes to not install a link to the property description published by coming home GmbH.

Confidentiality, customer protection

5.1. The demonstrations of opportunities are confidential and intended exclusively for the client. Any disclosure of the personal data of the prospective tenants found or brokered by coming home GmbH without the consent of coming home GmbH shall be prohibited until the expiry of a period of twelve months after the end of the landlord's order. If this provision is not complied with, a contractual penalty shall be paid in the amount of the commission payable in accordance with No. 2.1. The client may prove that the loss that has occurred is lower. The right to claim further damages shall be reserved.

5.2. The above obligations shall likewise apply if the clients cancels or terminates the landlord's order between him and coming home GmbH.

Data privacy

6. The data specified will be stored in accordance with the data protection law regulations taking account of the obligations regarding tax law and accounting and the decision of the supreme court regarding commission claims. The data will not be disclosed or sold for advertising purposes.

Copyright, keeping, right of use

7.1. coming home GmbH shall be entitled, but not obligated, to photograph or film the landlord's interior for the purpose of marketing. All photos, including video materials and floor plans, made or created by coming home GmbH are protected by copyright and must not be used without permission. coming home GmbH shall be entitled to publish the material on the internet and to use it for its own advertising purposes. coming home GmbH shall be entitled to choose the photos and the kind of representation.

7.2. Even if an opportunity to conclude a tenancy agreement is not demonstrated or a tenancy agreement is not brokered, coming home GmbH shall be entitled to keep the address of the property to which the order relates and the property description for a period of one year after the end of the contract regarding the demonstration of opportunities and to process them for its own advertising purposes.

7.3. Should the client provide his own photo material, coming home GmbH shall be granted a non-exclusive and free-of-charge right to use the photo material for the broker activity. The non-exclusive right of use shall cover all acts which are necessary to market the living space as is usual in the industry. This also includes the non-naming of the author and the marking of the photo material with a visible water mark of coming home GmbH. The copy right also relates to all written documents which are provided or made available to the client and which are protected by copyright law.

7.4. The client shall guarantee that the materials provided are free from third-party rights or that the client has been granted the right of use under the conditions set forth at No. 7.3. Should any claim be asserted against coming home GmbH based on the infringement of a right of a third party regarding the materials provided, the client shall indemnify coming home GmbH from and against any expenses and obligations to pay compensation in connection with therewith.

Authorisation to let

8. The client assures to be authorised to let or sublet. coming home GmbH cannot be held liable for any damage resulting from unauthorised letting.

Liability

9.1. coming home GmbH is not a party to the tenancy agreement and as a living space agent cannot assume any responsibility for damage caused to the rental object. Claims for damages against coming home GmbH are ruled out, except in the event of a wilful or grossly negligent act or any culpable violation of a material contractual obligation or any injury to life, body or health. With respect to any violation of a material contractual obligation, liability shall be limited to the damage typically occurring in connection with this kind of business transaction.

9.2. The period of limitation for claiming damages shall be one year. The period of limitation shall start upon expiry of the year in which the claim has arisen and the client has learned, or should have learned unless acting with gross negligence, of the facts giving rise to the claim and the person of the debtor.

9.3. The demonstration of any opportunity is based on the information provided by the prospective tenant. coming home GmbH assumes that the information provided by the prospective tenant is true. coming home GmbH does not assume any liability for the correctness and completeness of the information provided by the prospective tenant. Likewise, any liability for non-accomplishment of a tenancy agreement shall be ruled out.

Energy Performance Certificate

10. The landlord is aware of the obligation to show the Energy Performance Certificate in the property description and advertisements. The landlord shall indemnify the agent from and against any claims asserted due to faulty information provided or information not provided by the landlord in the context of the brokering of the property. This shall in particular apply to any possible costs incurred for the assertion of rights. The client is made aware of the fact that there is a legal obligation to present an Energy Performance Certificate (EnEV [German energy saving ordinance]) without being asked at the latest upon the inspection of the rental object by the prospective tenant and that the certificate must be attached to the tenancy agreement.

Term of the contract, order acknowledgement

11.1. The contract is unlimited in time and shall not be terminated by any letting. It can be terminated at the end of a month by either party by giving four weeks' notice. The obligations under No. 2 and No. 3 shall not be affected thereby.

11.2. The contract shall be concluded only upon a written acknowledgement of the order by coming home GmbH. Accordingly, the request made to coming home GmbH to provide agency services is without obligation.

Admissible provision of services to both tenant and landlord

12. coming home GmbH shall be authorised to provide services to the tenant as well, in return for payment or free of charge. If coming home GmbH acts on behalf of both the tenant and the landlord, it undertakes to be impartial.

Amendments to the General Terms and Conditions

13. coming home GmbH shall be entitled to amend the "General Terms and Conditions of coming home GmbH for Landlords" at any time and without prior agreement. Amendments shall be published on the website and the landlord shall be notified by email. If the landlord continues to use the services of coming home GmbH or does not object within 14 days of the notification, he shall be deemed to have given his consent.

Collateral agreements, severability clause

14. Any amendment or collateral agreement shall only be valid if made in writing. This shall likewise apply to any alteration of this provision. Should any part of the contract regarding the demonstration of opportunities be or become ineffective, the remaining provisions of the contract shall remain valid. The parties undertake to replace any invalid provision with a provision coming as close as possible to what was originally intended.

Choice of law, place of jurisdiction

15. This contract shall be governed exclusively by German law, excluding application of the provisions of the private international law. With respect to any dispute arising in connection with this contract or its validity, Landgericht [regional court] Berlin shall have jurisdiction ratione loce and ratione materiae, provided the client is a merchant, a corporate body under public law or a special fund under public law registered in Germany. Exclusive competence of the aforementioned court is likewise agreed upon if the client is an entrepreneur registered in the European Union outside Germany, Switzerland, Norway or Iceland.

Version 03/2020