General Terms and Conditions of Domum Management GmbH
Status 12.12.2019
General Terms and Conditions (GTC)
§ 1 Scope of application / purpose of rental
These Terms and Conditions apply to contracts for the rental of rooms/apartments for exclusively residential purposes as well as all other services rendered for the tenant/agent.
§ 2 Conclusion of Contract and Contractual Partner
1. The contract shall be concluded by the Tenant’s written confirmation of acceptance by letter, email or fax in response to an offer made by the Landlord or a company commissioned by him.
2. The contracting parties are the lessor and the lessee/agent.
§ 3 Services, prices, terms of payment
1. The landlord is obliged to keep the rooms/apartments rented by the tenant/agent available and to provide the agreed services.
The tenant/intermediary is obliged to pay the prices of the landlord applicable or agreed for the letting of the room/flat and the other services used by him. This also applies to services and expenses of the landlord to third parties arranged by the tenant/agent.
3 The amount agreed for the letting of the rooms/apartments and any further services is to be paid before the handing over of the rooms/apartments in cash after invoicing. There shall be no entitlement to the rooms/apartments and any further services being made available before the invoice amount has been paid in full. Cheques, credit or EC cards or cash cannot be accepted.
4. Early departure does not entitle the tenant/agent to reclaim or retain the pro rata rent.
5. In the event of a rental period of more than one month, the tenant/agent shall be obliged to pay the rent after invoicing before the beginning of the new month in accordance with § 3, clause 3.
In the event of an extension of the original rental period, the tenant/agent shall be obliged to pay the rent before the start of the extension period in accordance with § 3, clause 3.
In the event of late payment of the rent and the fee for any further services in the event of an extension of the original rental period, the tenant/agent shall be obliged to vacate the rented property without delay. In the event of default in payment, the Lessor shall be entitled to demand the statutory default interest applicable at the time. The Lessor expressly reserves the right to assert any claims for damages.
The agreed prices apply per bed/person and overnight stay, i.e. the day of handover is to be paid in full and the day of return is free of charge in the event of a move-out in accordance with § 6, clause 3. The agreed prices are exclusive of the respective statutory value added tax.
7. The lessor is entitled to demand an advance payment of a maximum of 50% of the rent and/or the costs for any further services after conclusion of the contract. § 3, clause 3 shall apply accordingly.
§ 4 Non-utilisation and non-provision of the rooms/apartments
1. The conclusion of the contract obliges the contracting parties to fulfil the contract, irrespective of the duration of the contract.
2. the landlord is obliged to pay compensation to the tenant if the rooms/flats are not made available. The landlord shall be entitled beforehand to provide the tenant/agent with adequate substitute rooms/flats.
The tenant/agent shall be obliged to pay the agreed price in the event of non-utilisation of the contractual services, less the expenses saved by the landlord.
4. The landlord is obliged in good faith to let unused rooms/flats to other tenants if possible in order to minimise the tenant’s obligation to pay the agreed price. The tenant shall be at liberty to prove that less damage than claimed has been incurred.
§ 5 Extraordinary Right of Termination of the Lessor
The landlord is entitled to terminate the contract extraordinarily for good cause. Good cause shall be deemed to exist in particular, inter alia:
1. if there is force majeure or other reasons for which the Lessor is not responsible which make it impossible to fulfil the contract,
2. if there is a breach of § 8 of these GTC by the tenant/agent or the occupants,
3. if a rental has been made with false or misleading statements of material facts concerning the occupants or the purpose of the rental,
4. if damage to the rooms/flats and the house or the property is caused by the tenant/agent or the occupants which goes beyond normal wear and tear,
5. if there is reasonable cause to believe that the letting and any further services may jeopardise the smooth running of the business, the security or the public reputation of the landlord without this being attributable to the landlord’s sphere of control or organisation,
6. if unauthorised third parties are given the opportunity to spend the night,
7. if there is any other use of the rented property contrary to the terms of the contract.
In the event of justified termination by the landlord, the tenant/agent shall not be entitled to compensation for damages.
The statutory grounds for extraordinary termination shall remain unaffected.
§ 6 Provision of rooms/apartments, handover, return
1. The tenant/agent has no claim to the provision of specific rooms. The naming of a specific flat or room number in the offer/confirmation is not binding for the landlord.
2. Rented rooms/flats are available to the tenant/agent from 4.00 p.m. on the agreed handover day and can be occupied until 10.00 p.m. at the latest. The tenant/agent has no right to earlier availability. The tenant/intermediary or the occupants are obliged to contact the contact person shown in the booking confirmation by telephone one hour before arrival. Otherwise, handover of the rooms/flats cannot be guaranteed. Deviating arrival times must be agreed with the landlord. In the case of arrivals outside the stated times, the landlord may charge a service fee of € 50 plus 19% VAT.
3. On the agreed day of return, the rooms/apartments must be vacated and made available to the landlord in a clean condition by 10:00 a.m. at the latest.
In the event of late return, the landlord may charge a flat rate of € 250 plus VAT.
In the event of soiling that goes beyond normal use, the lessor may charge a flat-rate cleaning fee of € 500 plus VAT. Possible claims for damages remain unaffected by this.
§ 7 Liability of landlord, tenant/agent or occupier
1. The landlord shall be liable for his obligations under the contract with ordinary care. Claims of the tenant/agent or residents for damages are excluded. Excluded from this are damages arising from injury to life, body or health if the landlord is responsible for the breach of duty as well as other damages based on an intentional or grossly negligent breach of duty by the landlord and damages based on an intentional or negligent breach of duties typical for the contract by the landlord. A breach of duty by the lessor is equivalent to a breach of duty by a legal representative or vicarious agent. If disruptions or deficiencies occur in the services of the lessor, the lessor shall endeavour to remedy the same upon knowledge thereof or upon immediate complaint by the lessee/intermediary. The tenant/intermediary is obliged to contribute what is reasonable to him in order to remedy the disruption and to keep any possible damage to a minimum.
It shall be incumbent on the tenant/agent or the occupants to insure items brought along against theft, damage or destruction. Liability on the part of the landlord is excluded.
2. the tenant/agent is liable to the landlord for any damage caused by him or the occupants. After handing over the rooms/flats, the tenant/agent must bring any existing defects to the landlord’s attention in writing within 24 hours. After expiry of this period, the flat shall be deemed to have been handed over free of defects.
3. insofar as a parking space is made available to the tenant/agent or the occupants on the property of the subject matter of the contract, even for a fee, this shall not constitute a custody agreement. In the event of loss of or damage to motor vehicles parked or maneuvered on the property and their contents, the lessor shall not be liable, except in the case of intent or gross negligence.
4. the tenant/agent is obliged to inform the occupants of the aforementioned regulations.
§ 8 Subletting, use for other than the intended purpose
Subletting or transferring the use of the rented rooms/flats to third parties as well as their use for purposes other than residential purposes require the prior written consent of the landlord, whereby § 540 BGB (no special right of termination of the tenant/landlord in the event of refused consent) shall not apply.
§ 9 Miscellaneous, Statute of Limitations, Offsetting, Reduction
(1) The landlord is entitled to establish binding house rules for the tenants/agents or residents.
2. Smoking is generally prohibited in the rented property.
3. Pets are not allowed.
4. any other general terms and conditions of the tenant/agent shall only apply if this has been expressly agreed in writing in advance.
5. All claims against the landlord, which are subject to the knowledge-dependent regular limitation period, are generally subject to a limitation period of one year from the commencement date (section 199 subsection 1 BGB); claims for damages are subject to a limitation period of five years irrespective of knowledge. The reductions in the statute of limitations do not apply to claims based on an intentional or grossly negligent breach of duty by the lessor. 6.
The tenant/agent may only offset or reduce a claim of the landlord with an undisputed or legally established claim. 7.
7. the loss of a key, regardless of whether it is a front door, flat or room key, may be charged by the landlord at a flat rate of € 20.
§ 10 Final provisions
1. amendments or additions to the contract, the acceptance of the application, the confirmation, the house rules or these general terms and conditions must be made in writing. Unilateral amendments or supplements by the tenant/agent are invalid. Verbal subsidiary agreements do not exist and are not possible. Any amendment to the written form requirement must also be in writing.
2. Should individual provisions of these General Terms and Conditions be or become invalid or void, this shall not affect the validity of the remaining provisions. In all other respects, the statutory provisions shall apply.
3. The place of performance is the registered office of the subject matter of the contract.
The exclusive place of jurisdiction for commercial transactions shall be Essen.
Insofar as a contractual partner fulfils the prerequisite of § 38 Para. 2 of the German Code of Civil Procedure (ZPO) (admitted agreement on place of jurisdiction) and does not have a general place of jurisdiction in Germany, Essen shall be deemed to be the place of jurisdiction. 4.
German law shall apply.