terms and conditions
1. Mitwohnzentrale
is herewith commissioned to arrange renting of rented accommodation or to provide
information on such rented property. This information can be supplied in any form,
i.e. in writing or orally, also by fax, e-mail or telephone. The Principal knows
that the rented accommodation designated to him/her will also be designated to other
principals at the same time. Unless otherwise agreed, the order applies for a limited
period of 6 months.
2. The Principal shall establish contact with the party offering rented
accommodation himself/herself and make the necessary arrangements. The potential tenant
and the landlord/landlady alone are responsible for the nature and manner of the rental
contract. Mitwohnzentrale neither participates in this, nor is obliged to do so.
3.The Principal agrees to treat information supplied by Mitwohnzentrale
confidentially and not to pass this on to third parties at any time. If a rental relationship
materialises between third parties and the landlord/landlady due to unauthorised passing on of
information, the Principal is obliged to pay damages to Mitwohnzentrale equivalent to the amount
of the agency fee which would have been incurred if the rental had been successfully arranged
for the Principal.
4. If a rental agreement materialises on the grounds of the agency activity
of Mitwohnzentrale, the Principal shall pay an agency fee. This is calculated on the basis
of the rent agreed, with incidental costs and the period of use. Extensions of the period of
rental beyond the agreed period shall result in a subsequent calculation of the charge up to a
maximum rate of 120 % of the rent including incidental costs. See the schedule of fees for
details:
18 % of the rent; however as a minimum 11,- €
18 % of the rent, however as a minimum 21,- €
The statutory Value Added Tax must be added to all prices.
The complete agency fee shall become due on receipt of the invoice,
even if the accommodation is only occupied at a later time. Payment by instalment
is only allowed in special cases and with express agreement of Mitwohnzentrale.
Independent renewal of the rent relationship for the accommodation designated
without participation of Mitwohnzentrale is only possible at the earliest after
expiry of 24 months after commencement of the agency contract.
5. If addresses of accommodation designated are already known to the Principal,
he/she shall notify Mitwohnzentrale of this promptly and if appropriate furnish evidence of this.
Otherwise a claim to the agency fee shall persist. A claim to the agency fee also evolves if the
Principal enters into a rental agreement with the designated supplier for alternative accommodation
offered by the supplier. The amount of the fee shall then be calculated in accordance with the
nature of the offer accepted.
6. Mitwohnzentrale will grant a discount of 3 % on the agency fee if the fee
is paid in cash within the first two weeks after receipt of the invoice, or if permission
is granted for Mitwohnzentrale to debit the Principal's account directly. This permission
is to be marked with a cross in the appropriate box on the front page of the Agency Contract.
If a debit note is not redeemed by the bank/financial institute named, an extra processing
fee of € 8.- will be charged.
7. The Principal agrees to notify Mitwohnzentrale promptly - however at the
latest on the next workday - if a rental relationship materialises on the basis of Mitwohnzentrale's
activity. The same also applies if the rental relationship is extended beyond the original period.
In addition, the Principal agrees to inform Mitwohnzentrale within one week if he/she rents
accommodation elsewhere without our assistance, or if the agency order is invalid for other
reasons. The Principal shall also declare at the same time that he/she has not made any use
of the offers of accommodation submitted, and will not make further use of them in future either.
8. In the event of non-fulfilment of the contractual obligations, e.g.
concealment of a rental relationship that has materialised due to an agency arrangement,
a fine is payable. This shall be 15 % of the agency fee.
9. Mitwohnzentrale's activity is restricted to pure agency/brokerage
activities. Any further liability, especially arising from existing accommodation relationships
or in the event of cancellation of promised accommodation rental, is expressly excluded.
10. Amendments and supplements to this contract are only valid if made
in writing. The legal invalidity of individual provisions of this contract shall not
affect the validity of the remaining provision. In this case the contract is to be understood
to apply mutatis mutandis.
11. The venue is Darmstadt.