Jakobs & Dingel Real Estate Advisory GmbH, Am Guten Mann 1, 56218 Mülheim-Kärlich (“one-eleven-suites.de”) offers an online platform for marketing and managing the rental of residential real estate (“platform”).
These General Terms of Use (“GTU”) constitute the contractual basis with users (“Users”) for the use of the platform and the offer managed by Jakobs & Dingel Real Estate Advisory GmbH for the conclusion of rental agreements with landlords for the respective residential property offered (“Accommodation”). Landlords are generally third parties and different persons from Jakobs & Dingel Real Estate Advisory GmbH.
1.1 The GTC shall apply in their respective version as a framework agreement without Jakobs & Dingel Real Estate Advisory GmbH having to refer to them again in each individual case.
1.2 These GTC apply exclusively.
1.3 Deviating, conflicting or supplementary general terms and conditions shall only become part of the contract if and to the extent that Jakobs & Dingel Real Estate Advisory GmbH has expressly agreed to their validity. This requirement of consent shall apply in all cases.
2.1 Users can search for suitable accommodation on the platform and make a booking request via the online platform, i.e. reserve the accommodation or book the accommodation directly.
2.2 The content of the platform is offered subject to availability.Jakobs & Dingel Real Estate Advisory GmbH endeavors to keep the information on the website accessible at all times. Durch Wartungsarbeiten, Weiterentwicklung oder Störungen können die Nutzungsmöglichkeiten eingeschränkt oder zeitweise unterbrochen werden. Jakobs & Dingel Real Estate Advisory GmbH will, as far as possible, notify users in good time of any disruptions of the aforementioned kind.
2.3 Jakobs & Dingel Real Estate Advisory GmbH also offers additional services for Tenants at its own expense, which can be booked as an option and are invoiced separately by Jakobs & Dingel Real Estate Advisory GmbH.
2.4 The Lessee undertakes to provide Jakobs & Dingel Real Estate Advisory GmbH with true and correct information regarding his contact details, including the data for payment processing.
3.1 Contracts for the rental of the property are only concluded between the respective landlord and the tenant (“rental contract“).Jakobs & Dingel Real Estate Advisory GmbH may act as the landlord’s representative. The basic terms of the rental agreement are set out in the respective property advertisement. Liability between landlord and tenant is governed exclusively by the terms of the tenancy agreement
3.2 The presentation of accommodation on the platform does not constitute a binding offer. A binding offer to conclude a rental agreement (see Section 2) is the booking made by the Tenant. The Landlord, represented by Jakobs & Dingel Real Estate Advisory GmbH, may accept this offer within 48 hours, unless a direct booking option is provided.
3.3 Jakobs & Dingel Real Estate Advisory GmbH shall send an e-mail (confirmation e-mail) to the tenant and the client in the event of a successful letting, in which the essential content of the tenancy agreement is listed once again on the basis of the information provided by the client about the property. As a rule, longer-term and open-ended rental agreements must be concluded in writing.
3.4 The Tenant must pay an accommodation price for the duration of the contract. The accommodation price is the price that the Tenant must pay to Jakobs & Dingel Real Estate Advisory GmbH as rent for the provision of the accommodation. The accommodation price does not include additional services.
3.5 The Tenant shall make a down payment on request upon conclusion of the rental agreement. Unless otherwise agreed, the balance shall be paid up to 10 days before arrival.
3.6 The Tenant must transfer the rental deposit to a separate deposit collection account on request. Tenants with longer or open-ended tenancy agreements shall transfer the rent for the following month by the 20th of the previous month. After moving out and handing over the apartment free of damage, the rental deposit will be paid out on behalf of the landlord or released concurrently with the defect-free return of the accommodation. Zur mangelfreien Rückgabe zählen auch die Rückgabe von Chipkarten, Schlüsseln oder Parkkarten oder -sensoren. An den Gegenständen des Vermieters besteht kein Zurückbehaltungsrecht. If the tenant fails to return the items within one week of being requested to do so by e-mail, Jakobs & Dingel Real Estate Advisory GmbH may retain the deposit and claim any higher damages (e.g. replacement of the locking system) from the tenant.
3.7 As soon as a binding rental agreement has been concluded, a rental can no longer be canceled by the client. Premature termination of the rental agreement by the client is only possible under the conditions of § 543 BGB.
3.8 If the binding tenancy cannot be carried out on the basis of the tenancy agreement for reasons for which the Tenant is responsible, the Tenant shall be liable to Jakobs & Dingel Real Estate Advisory GmbH and the Landlord for damages.
3.9 Jakobs & Dingel Real Estate Advisory GmbH recommends that tenants take out liability insurance to cover their stay in the accommodation. Für den Fall, dass doch mal etwas geschieht, ist man dann gut abgesichert. Achten Sie aber darauf, ob geliehene oder gemietete Gestände durch ihre Versicherung tatsächlich versichert sind, dies ist bei vielen Haftpflichtversicherungen leider nicht automatisch der Fall.
3.10 Payment processing takes place according to the mode specified in the order form. For payment processing via credit card, a redirection is made to the website of Stripe Payments Europe, Ltd. [https://stripe .com/de/privacy]. In this respect, the terms of use and data protection provisions of Stripe Payments Europe, Ltd. apply exclusively.
3.11 The accommodation price will be collected unless otherwise agreed. For short-term rentals (up to one month), Jakobs & Dingel Real Estate Advisory GmbH collects 50% of the accommodation price when the tenant makes a binding booking and the remaining amount ten days before the start of the rental period. For long-term rentals of two months or more, 50% of the first month’s rent is due with the binding booking, the second 50% of the first month’s rent together with the deposit ten days before arrival and the following month’s rent in advance up to one week before the change of month.
3.12 The rental of accommodation requires the payment of a deposit by the Tenant. Jakobs & Dingel Real Estate Advisory GmbH will collect this deposit from the tenants. The deposit will be managed by Jakobs & Dingel Real Estate Advisory GmbH either by pre-authorizing a credit card or by transferring the deposit by the tenant to a deposit account and paid out no later than one month after handover, provided that no damage to the accommodation is attributable to the tenant. The deposit is usually EUR 500.00 for short-term rentals of less than one month, one month’s rent for long-term rentals of one to two months and two months’ rent for long-term rentals of two months or more. In individual cases, there may also be different deposit regulations. The amount of the deposit is always stated on the booking confirmation.
3.13 The duration of the tenancy is governed by the tenancy agreement. The right to extraordinary termination of the contract without notice for good cause remains unaffected.
3.14 An important reason for extraordinary termination by the Lessor exists in particular if the Client is more than two (2) weeks in arrears with full payment of the remuneration due or other payments. The Lessor may be represented by Jakobs & Dingel Real Estate Advisory GmbH in the declaration and handling of the termination. All payment obligations relating to this agreement and arising prior to termination of the contract shall continue to apply after termination of the rental agreement.
3.15 Jakobs & Dingel Real Estate Advisory GmbH exercises domiciliary rights on behalf of the landlord. In the event that tenants violate the house rules, Jakobs & Dingel Real Estate Advisory GmbH is entitled to an extraordinary right of termination.
3.16 Any tacit extension of the tenancy by the Tenant continuing to use the accommodation after the end of the rental period is expressly rejected.
3.17 Jakobs & Dingel Real Estate Advisory GmbH reserves the right to assert hidden defects that are only discovered after handover of the accommodation at the end of the rental agreement directly against the Tenant on behalf of the Landlord.
3.18 The Tenant must report any damage to the accommodation immediately, or within 24 hours in the case of long-term rentals of more than one month. Mit Übergabe der Unterkunft an den Mieter erkennt der Mieter die Mangelfreiheit der Unterkunft an, soweit er die Schäden bei der Übergabe hätte erkennen können. Für durch verspätete Anzeige verursachte weitere Schäden haftet der Mieter.
3.19 The Hirer shall be liable to the Rental Firm for damage caused by a breach of the duty of care incumbent upon him. In gleicher Weise haftet der Mieter für Schäden, die durch seine Erfüllungs- oder Verrichtungsgehilfen, Mitmieter, Kunden, Besucher, Lieferanten, Handwerker etc. an der Unterkunft verursacht werden. Dem Mieter obliegt der Beweis, dass ein Vertreten müssen oder Verschulden nicht vorgelegen hat, soweit es sich um Schäden im Bereich der Mietsache handelt.
3.20 The accommodation can generally be occupied from 3 p.m. on the day of arrival and must be vacated by 11 a.m. on the day of departure. Eine Übergabe der Unterkunft außerhalb der regulären Checkin- und Checkout-Zeiten (nach 20:00 Uhr) und/oder (vor 8:00 Uhr) wird mit jeweils 50,00 EUR dem Mieter in Rechnung gestellt.
3.21 When the rented property is handed over at the end of the rental agreement, the Tenant shall receive an invoice containing a statement of the accommodation price, including final cleaning costs, any additional services booked as well as VAT and, where applicable, accommodation tax.
3.22 At the end of the rental agreement, Jakobs & Dingel Real Estate Advisory GmbH shall draw up a rough inspection report on all damage that goes beyond the contractual use/wear of the rental object. Zieht der Mieter vor der Abnahme aus oder ist aus anderen Gründen persönlich nicht anwesend, muss er das Abnahmeprotokoll gegen sich gelten lassen. If further defects only become apparent after the basic cleaning (cleaning after the tenant has moved out), the tenant must also accept these damages after notification by Jakobs & Dingel Real Estate Advisory GmbH.
3.23 The Tenant has no right of retention with regard to keys/key cards or other items provided. After a reminder, subsequent reminders will be charged.
3.24 The tenant is liable for the use of an internet connection provided. Der Mieter stellt den Vermieter von allen Ansprüchen Dritter frei, die aus der rechtswidrigen Internetnutzung (z.B. illegales Filesharing oder rechtswidrige Down- oder Uploads) entstehen sollten.
3.25 Furthermore, the lessee undertakes to provide Jakobs & Dingel Real Estate Advisory GmbH immediately, truthfully and completely with all information necessary for the examination of the claims and a defense in the event of a claim by third parties.
4.1 Jakobs & Dingel Real Estate Advisory GmbH shall be liable for damages resulting from an intentional or grossly negligent breach of duty or fraudulent intent on the part of Jakobs & Dingel Real Estate Advisory GmbH, its legal representatives or its vicarious agents. Insofar as Jakobs & Dingel Real Estate Advisory GmbH is liable for a grossly negligent breach of duty pursuant to sentence 1, the liability for damages shall be limited to the foreseeable, typically occurring damage.
4.2 In addition, Jakobs & Dingel Real Estate Advisory GmbH shall also be liable for damages caused by simple negligence, insofar as the negligence concerns the breach of such essential contractual obligations, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the client may regularly rely (cardinal obligations). In this case, however, liability towards commercial landlords (Section 1.1, Var. 1) is limited to the foreseeable, typically occurring damage.
4.3 Furthermore, Jakobs & Dingel Real Estate Advisory GmbH shall be liable without limitation for damages to life, body and health for which it is responsible and which are based on a negligent or intentional breach of duty.
4.4 Any further contractual or statutory liability is excluded – unless it is prescribed by law – irrespective of the legal nature of the claim asserted.
4.5 Insofar as the liability of Jakobs & Dingel Real Estate Advisory GmbH is excluded or limited, this shall also apply to the personal liability of its employees, workers, staff, representatives and vicarious agents and to its liability for their conduct.
5.1 The user undertakes vis-à-vis Jakobs & Dingel Real Estate Advisory GmbH to keep secret all confidential information that has been or becomes known to him in advance and/or in the course of the execution of this contract, including any log-in information and passwords (in particular those for the online rental area), and in particular to avoid any access by third parties to this information. The client shall oblige all users, employees and staff authorized by him, insofar as they are not already obliged to do so on the basis of their employment contract, to maintain confidentiality to the extent defined here.
5.2 Confidential within the meaning of this agreement is all information that is marked as such by Jakobs & Dingel Real Estate Advisory GmbH or whose confidentiality is evident from the circumstances.
5.3 The obligation of confidentiality pursuant to clause 13.1 above shall not apply to confidential information (i) which is already in the public domain or generally known at the time the client becomes aware of it or becomes known without a breach of this confidentiality obligation, (ii) which is provided to the client by a third party without a breach of a confidentiality obligation towards Jakobs & Dingel Real Estate Advisory GmbH, (iii) which have been developed by the client independently of these agreements or (iv) if and insofar as the confidential information must be disclosed due to an enforceable official or court order and the client has informed Jakobs & Dingel Real Estate Advisory GmbH immediately after becoming aware of the disclosure obligation and has given Jakobs & Dingel Real Estate Advisory GmbH the opportunity to take action against the disclosure.
If unforeseeable events based on force majeure, e.g. pandemics, mobilization, war, riots or similar events, e.g. strikes and lockouts, significantly change the economic significance or the content of the delivery to the detriment of Jakobs & Dingel Real Estate Advisory GmbH or have a significant impact on the operations of Jakobs & Dingel Real Estate Advisory GmbH, the contract shall be adapted appropriately in good faith. If the latter is not economically justifiable, Jakobs & Dingel Real Estate Advisory GmbH shall have the right to withdraw from the contract. If Jakobs & Dingel Real Estate Advisory GmbH wishes to make use of this right of withdrawal, it must inform the client of this within three weeks of becoming aware of the event. If he does not make the declaration within this period, his right of withdrawal shall lapse.
7.1 If the Tenant is a consumer within the meaning of Section 13 of the German Civil Code (BGB), he is entitled to a right of withdrawal in accordance with the instructions set out in the appendix if the contract is concluded by means of distance communication and does not fall within the scope of Section 312g (2) No. 9 BGB (see paragraph 3).
7.2 Means of distance communication are means of communication that can be used to initiate or conclude a contract between a consumer and a trader without the simultaneous physical presence of the contracting parties.
7.3 There is no right of withdrawal for contracts for the provision of accommodation services for purposes other than residential purposes if the contract provides for a specific date or period for the provision of such services. Accordingly, there is no right of withdrawal for contracts for the rental of vacation apartments or commercial apartments, as these provide for a specific date or period for which the apartment is rented.
7.4 To exercise the right of withdrawal, the Tenant must inform the Landlord or Jakobs & Dingel Real Estate Advisory GmbH (as representative of the Landlord)
Jakobs & Dingel Real Estate Advisory GmbH, Am Guten Mann 1, 56218 Mülheim-Kärlich, phone: +49 2631 / 24101,
e-mail: ne*****@ja***********.de
by means of a clear statement (e.g. a letter sent by post or e-mail) of his decision to withdraw from the contract.
The tenant may use the sample revocation form attached to the order form, but this is not mandatory.
7.5 In order to comply with the withdrawal period, it is sufficient for the client to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
7.6 Consequences of revocation:
If the contract is revoked, the landlord must repay to the tenant all payments that the landlord has received from the tenant without delay and at the latest within fourteen days of the day on which Jakobs & Dingel Real Estate Advisory GmbH or the landlord receives notification of the revocation of the contract.
For the repayment, the landlord will use the same means of payment that the tenant used for the original transaction, unless expressly agreed otherwise with the tenant; in no case will Jakobs & Dingel Real Estate Advisory GmbH or the landlord charge the tenant any fees for this repayment.
7.7 In the case of a contract for the provision of services, the right of withdrawal shall also expire if the trader has provided the service in full and has only started to provide the service after the consumer has given his express consent and at the same time confirmed his knowledge that he will lose his right of withdrawal upon full performance of the contract by the trader. In the case of an off-premises contract, the consumer’s consent must be provided on a durable medium. In the case of a contract for the provision of financial services, the right of withdrawal shall expire, notwithstanding sentence 1, if the contract has been completely fulfilled by both parties at the express request of the consumer before the consumer exercises his right of withdrawal.
In the case of a contract for the supply of digital content not on a tangible medium, the right of withdrawal shall also expire if the trader has begun to perform the contract after the consumer has
8.1 The user may only offset his own claims against Jakobs & Dingel Real Estate Advisory GmbH against claims of Jakobs & Dingel Real Estate Advisory GmbH or assert rights of retention in respect of such claims if the claims are undisputed or have been legally established. The user may not offset claims against the landlord against claims of Jakobs & Dingel Real Estate Advisory GmbH.
8.2 Unless otherwise agreed in writing, the place of performance and fulfillment is the registered office of Jakobs & Dingel Real Estate Advisory GmbHFor the rental relationship, the following applies: The place of fulfillment is the location of the accommodation.
8.3 If the user is a merchant, a legal entity under public law or a special fund under public law, the sole place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship shall be the registered office of Jakobs & Dingel Real Estate Advisory GmbH. However, Jakobs & Dingel Real Estate Advisory GmbH shall also be entitled to take legal action at the user’s general place of jurisdiction.
8.4 The legal relationships in connection with these Terms of Use shall be governed by German substantive law to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG).
8.5 Jakobs & Dingel Real Estate Advisory GmbH reserves the right to amend the GTC. In the event of an amendment to the GTC, Jakobs & Dingel Real Estate Advisory GmbH shall notify the customer of the amendments to the GTC in text form (e.g. by e-mail) (“notification of amendment”). The amendments shall take effect vis-à-vis the sender and the contractual relationship shall continue under the amended terms and conditions if the client does not object to these amendments in text form within four (4) weeks of receipt of the amendment notification. The timely dispatch of the objection to Jakobs & Dingel Real Estate Advisory GmbH shall suffice to comply with this deadline. In the event of an objection, both parties shall be entitled to extraordinary termination. Jakobs & Dingel Real Estate Advisory GmbH shall specifically draw the sender’s attention to the aforementioned consequence of a failure to object in the written notification of change.
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