Only these general terms and conditions of business shall apply between the landlord as the party offering accommodation and HC24 Augsburg.
2. Subject matter of the contract
The landlord will instruct HC24 in writing to provide leads in the form of prospective tenants on one or more properties.
As soon as a rental agreement has been concluded between the landlord and a prospective tenant on a property for which HC24 has provided the lead, the landlord will be charged a monthly fee by HC24 for the duration of the tenancy, the amount of which will be determined by the written agreement(max. 17% inkl. MwSt. / Monat) and the agreed monthly rent.
3. Rental permission
If the landlord is not the owner of the property outlined in the contract, then they must obtain the owner’s permission to sublet the property in full or part. The landlord is solely responsible for doing this. The landlord shall give HC24 an undertaking that they will only offer accommodation that they own or for which they have obtained permission of the owner to sublet.
The landlord guarantees that they will only make available to HC24 properties that are not publicly funded or subject to price maintenance.
4. Duty of notification
The landlord must immediately notify the agency:
If the landlord fails to comply with their duty to notify the agency about any of the changes outlined under (a), they are obliged to indemnify the agency against all third-party claims, particularly claims arising from equipment discrepancies and non-existent availability.
5. Notification of the conclusion of a rental agreement
If a prospective tenant concludes a rental agreement for a property, the landlord must immediately give HC24 the name and address of the tenant.The agency can only check whether the contract was concluded following a lead from the agency after this information has been made available.
The prospective tenants must be told by the landlord about the necessity and purpose of providing this information. The obligation to name the tenant of the property shall continue to apply in the event that the tenant rents the property for a period of twelve months after the end of this contract.
New rental contracts, which are closed with a tenant proved by HC24, as well as contracts closed with another person who got the contact details of the landlord from a previous tenant proved by HC24, are follow-up businesses. In this case HC24 has the right to charge the previous agreed fee for the lease. This fee is due, even if the contract with HC24 is terminated.
6. Photos and videos and processing data related to the property
The agency is entitled, but not obliged to photograph and film the inside of the property and use these photos and videos (hereinafter known as images) to advertise the property. These images can be published online, among other places.
Please note that the images are the intellectual property of HC24 and can`t be used in any other way without our consent. In the event that a rental agreement does not materialise, the agency is also entitled to retain the landlord’s contact details, the address of the property and the associated images and exposé for a period of one year after the referral contract has ended. The duty to retain records as governed by other laws remains unaffected.
If the landlord provides images of the property, they shall grant the agency non-exclusive rights to use the images free of charge for agency activities. The non-exclusive usage rights extend to all activities deemed necessary for portraying, presenting and distributing the property in print and online media in the form of advertisements and exposés. This also includes the right not to name the creator and the right to add a visible watermark or agency logo to the images.
The landlord guarantees that the supplied images are free of third-party rights and the landlord’s rights have been granted to use the images subject to the aforementioned conditions. If a claim is made against the agency due to a violation of third-party rights arising from the images supplied by the landlord, then the landlord shall indemnify the agency against all costs associated with the claim.
7. Energy Performance Certificate
The landlord is aware of the duty to show the Energy Performance Certificate in exposés and advertisements. The landlord shall indemnify HC24 against all claims arising from erroneous details or failure on the part of the landlord to supply details when advertising the property; this particularly applies to potential prosecution costs.
8. Duration and termination of the contract/agreement
The contract is open-ended and can be terminated by either party with a notice period of four weeks to the end of a rental agreement period. The landlord is unable to give effective notice during a tenancy arranged through HC24.
9. Unsuccessful advertising by HC24
If HC24 Augsburg has been unsuccessful in advertising the property and it consequently remains empty for more than four weeks, the client/landlord can terminate the agreement with a notice period of two weeks.
Any termination of the agreement requires the written form.
10. Agency liability
The agency, its employees and legal representatives are not liable for ordinary negligence, unless it involves the death or bodily injury of an individual or the damage is caused by a breach of a fundamental contractual obligation.
HC24 is not liable for:
11. No responsibility for tenants
The agency solely provides leads for concluding rental agreements. The ultimate choice of tenant and the signing of the rental agreement is the responsibility of the landlord.
12. Side agreements and severability clause
Changes and side agreements require the written form. This also applies to any changes to this clause. If any part of the service contract is (or becomes) unenforceable, the rest of the contract shall remain unaffected. In such a case, the parties undertake to replace the unenforceable provision with one that comes closest to fulfilling the originally intended purpose.
13. Choice of law and jurisdiction
Only German law shall apply to this contract. The law courts presiding in the area where the agency is based are solely responsible for handling any disputes arising from this contract or its validity, insofar as the landlord is a businessperson or corporate body under public law or special fund under public law based in Germany. The sole responsibility of the aforementioned law courts is also agreed if the landlord is a businessperson based in the European Union outside Germany, Switzerland, Norway or Iceland.