AGENT HOME. GENERAL TERMS AND CONDITIONS
Effective Jan 2016
1. Commission-free brokerage for tenants
The brokerage of a furnished apartment or a furnished house through AGENT HOME. is commission-free for tenants.
2. Rental offers
From AGENT HOME. tenants get rental offers by phone or in text form (e-mail). If the tenant already has an offered property in mind, this should be mentioned to AGENT HOME. immediately and demonstrated to the latter at its request.
3. Ban on the transmission of rental offers to third parties
The tenant may not transmit rental offers that it has received from AGENT HOME. to third parties. The rental offers are intended for prospective tenants alone. In the event of the forbidden disclosure of this information, the tenant may be held liable vis-à-vis AGENT HOME. for any damages (if AGENT HOME. can no longer successfully rent the apartment offered to the tenant a result of the forbidden disclosure).
4. AGENT HOME. not party to the rental agreement
The obligations of the rental agreement apply solely to the tenant and the landlord, not to AGENT HOME. AGENT HOME. shall not be held liable in respect of any of the parties to the rental agreement for any claims arising from the rental agreement.
5. Tenant’s duty to disclose
a. The tenant undertakes to fill out his/her apartment search registration at www.agenthome.de truthfully.
b. If the tenant concludes a rental agreement in relation to a rental property that was offered to him/her by AGENT HOME. orally or in writing, then he or she must notify AGENT HOME. of this immediately, however within 24 hours at the latest, and send a copy of the agreement on request.
c. If the tenant extends the tenancy beyond the term originally arranged on one or more occasions, then he/she must inform AGENT HOME. of this immediately and beforehand in each case and send a copy of the agreement on request.
6. Credit check
The customer agrees to his/her details, provided in the course of the initiation and transaction of a rental agreement, being transmitted by AGENT HOME. to SCHUFA Holding AG, Kormoranweg 5, 65201 Wiesbaden for the purposes of checking, so that it may obtain information about the former. This consent may be revoked by the customer with future effect. Regardless of that, AGENT HOME. will also transmit data to SCHUFA on behalf of the landlord as a result of behavior in breach of the agreement ((e.g. amount outstanding after legal enforcement following a termination under Sections 543 (2) No. 3, 569 (3) of the German Civil Code (BGB) or on account of default in payment under Section 573 (2) No. 1 BGB)). According to federal data protection law, these notifications may only take place insofar as this is permitted after considering the interests of all stakeholders.
The customer may request information from AGENT HOME. at any time in relation to which credit reporting agency has been sent data about him/her. Further information about the SCHUFA reporting and SORE procedures can be found at the following website: www.schufa.de
7. Applicable law, place of jurisdiction and severability clause
a. The law of the Federal Republic of Germany applies to the mandate of the prospective tenant.
b. The sole place of jurisdiction is Stuttgart where the tenant is a merchant, a legal person under public law or a special asset under public law or holds a residence outside of Germany.
c. If one of the above provisions should be or become fully or partially ineffective, this shall not affect the validity of the remainder of the provision or the remaining provisions. The tenant and AGENT HOME. undertake to bring into force a regulation in place of the ineffective provision which comes closest to the original purpose and which does not run counter to the rental mandate.