HC24

Company

Rent

Landlord

**1. Validity**

Only these general terms and conditions of business shall apply between the landlord as the party offering accommodation and HC24 $AGENCY_NAME.

**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. $AGENCY_FEES inkl. VAT. / month) 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 property details change (price, equipment, rental period, availability, etc.);
- If they will be absent for a longer period of time (more than a week);
- If a rental agreement is being extended;
- If they are simultaneously advertising the accommodation on the market through another agency or privately;

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 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 $AGENCY_NAME 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:

- The non-appearance of a prospective tenant who was prepared to sign a rental agreement
- The creditworthiness of the prospective tenant or any false details they may provide.
- A rental that does not materialise
- Any claims arising from the rental agreement, because HC24 is not a contractual party in the rental agreement.
- Damages to the rental property arising from the tenancy or a breach of contract on the part of the tenant.

**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.

**Search request**

Upon receiving a search request, HC24 $AGENCY_NAME (hereinafter known as HC24) will endeavour to find suitable offers of furnished accommodation on a temporary basis for the party seeking accommodation (hereinafter known as the tenant), organise viewings and, after the tenant has selected suitable accommodation, provide guidance until a rental agreement has been successfully concluded. There is no obligation on the part of HC24 to present the tenant with offers of accommodation.
The services of HC24 are essentially free of charge for the tenant.
The tenant gives an undertaking that all personal details provided in the search request have been truthfully declared.
HC24 gives an undertaking to treat all the tenant’s personal details in the strictest of confidence. Details will only be passed onto potential future landlords to the extent required to arrange a rental agreement.
Despite every care taken, HC24 assumes no liability in relation to the following:

- The accuracy and completeness of the accommodation details
- The condition of the accommodation. Any discrepancies in the description or condition of the accommodation, particularly in relation to the completeness and quality of the furniture, must be reported directly to HC24
- Furthermore, no guarantee can be given that a rental agreement will be successfully concluded.  

**rental agreement**

HC24 will draw up a rental agreement upon the mutual request of the tenant and landlord. HC24 assumes no liability for the accuracy of the content or the validity of the agreement.
HC24 is not a contractual partner in the rental agreement and accordingly assumes no liability for any claims or disputes arising from the rental agreement.

**Duty to supply information**

In the event that a rental agreement is concluded between the tenant and landlord for accommodation offered by HC24 without the active involvement of HC24, the tenant is bound to inform HC24 of the conclusion of the rental agreement and the relevant details without delay (within 24 hours) and let HC24 have a copy of the contract upon request.
HC24 must be informed immediately – and no later than six weeks before the initial rental period ends – of any intention or option to extend the tenancy. Failure to observe this period of time may lead to claims for damages on the part of the landlord.
If the tenant is aware of any HC24 accommodation from elsewhere, they undertake to immediately inform HC24 and name the source.

**Passing on accommodation detail** 

The tenant undertakes to treat all information, particularly contact details relating to the accommodation and landlord, in confidence. Passing on such information to third parties is not permitted without the express consent of HC24.

**Terminating the search request**

By terminating the search request, the tenant declares that the offers received led to no accommodation being secured and that the tenant – or also other individuals informed about the offers by the tenant – will in future make no further use of the addresses provided.

**Damages**

No claims for damages may be asserted against HC24, unless due to wilful, grossly negligent or – in the event of death or bodily injury – negligent behaviour or absolute liability. The statute of limitations for asserting claims for damages is one year. The start date for the statute of limitations is determined by statutory regulations.

**Applicable law, place of jurisdiction and severability clause**

The law in the Federal Republic of Germany applies to the mandate of the party seeking accommodation. Insofar as the tenant is a businessperson or corporate body under public law or special fund under public law or is resident outside Germany, the sole place of jurisdiction is $AGENCY_JURISTDICTION.
If one of the aforementioned provisions is (or becomes) completely or partially unenforceable, the validity of the remaining section of the provision or the rest of the provisions shall remain unaffected. In such a case, the tenant and HC24 undertake to replace the unenforceable provision with one that comes closest to fulfilling the originally intended purpose and does not run contrary to the rental agreement. 

Margit Woschny

Sabine Gottschall

Irene Schmidt

Julia Gutschmidt

Vertreten durch die persönlich haftende Gesellschafterin:  
Eingetragener Name: HC24 Wohnen auf Zeit Immobilien GmbH  
Adresse: Hauptstr. 188, 79576 Weil am Rhein  
USt.-IdNr.: DE 274 533 870  
Aufsichtsbehörde: IHK Hochrhein-Bodensee, Reichenaustr. 21, 78467 Konstanz.   
Die Erlaubnis zur Ausübung eines Gewerbes nach § 34c GewO wurde erteilt durch das LRA Lörrach und von diesem überprüft.  
Geschäftsführer: Michaela Loschky und Gernot Kerzner  
Handelsregister: HRB 706114, Amtsgericht Freiburg im Breisgau  

**Cancellation policy**

You have entitlement to cancel this contract within 14 days without giving any reasons for doing so. The cancellation period is fourteen days as from the date on which the contract was concluded but not before your receipt of this cancellation policy on a permanent data carrier (e.g. letter, fax, eMail).
In order to exercise your right of cancellation you must give us (HC24 $AGENCY_NAME,$AGENCY_ADDRESS,$AGENCY_PHONE,$AGENCY_MAIL) unambiguous notification of your decision to cancel this contract, (for example by way of a posted letter, fax or eMail). You can but are under no obligation to use the attached cancellation form template. To ensure compliance with the specified cancellation period it is sufficient to send off the notification of your exercising of the right of cancellation before expiry of that period.

Your cancellation of this contract will then obligate us to refund any and all payments which we have received from you (except for the additional costs arising from your selection of a form of delivery other than the most inexpensive standard delivery offered by us) promptly and within fourteen days as from our receipt of the notification of your cancellation of this contract. For the purposes of this refund we shall use the same mode of payment as used by you for the original transaction unless expressly agreed otherwise with you. On no account will we make any charges in respect of this refund.

Should you have requested that we commence the services before the cancellation period is set to begin, you shall then be obligated to pay us a reasonable amount corresponding to the proportion of the services already provided up to the time at which you notify us of your exercising of the right of cancellation, calculated in relation to the overall extent of the services provided for in the contract.

Kempten (Allgäu)

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Kempten (Allgäu)

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