GTC Tenant

General business terms for searchers

Definitions
MWW 24: MWZ 24 Gmbh, Brückenstr.27 in 40221 Düsseldorf 
Agency: MWZ 24
Tenant: Potential tenant from MWZ 24 or a representative of the tenant 
Rental Contract: Rental agreement, both verbal and in writing.
All-Inclusive rent: Monthly rent including all additional utility costs.

1. Commissioning
   1. As a person seeking housing you commission MWZ 24 with the mediation of housing.
   2. You confirm that the information you have provided is current, complete and truthful.
   3. MWZ 24 provides you with housing offers, which fit your search profile and enables you to make contact with landlords.
       
2. Duration and Cancellation
   1. The commissioning is for an unlimited amount of time and is not ended by a rental.
   2. The commissioning can be cancelled in textform by either party at any time. The rights of use that arise from § 4.3, §§ 6.1, 6.2 and 6.4, § 8.1, § 9, § 10.2 and §12 remain unaffected.
   3. If you cancel the commissioning, you thus declare that the offers you received did not lead to any rental contract and that neither you, nor any other persons who were informed of the offers by you, will make any further use of the provided addresses in the future.
       
3. Costs
   Unless otherwise agreed with you, the service is free of charge for those seeking housing.
    
4. Rental Contract
   1. MWZ 24 draws up the rental contract for your rental, based on a legally approved rental contract. MWZ 24 provides the individual contract to the rental parties. The verification of the signatures is the responsibility of the rental parties.
   2. The landlord can use their own rental contract template only if prior notice has been given to the Agency.
   3. A copy of the rental contract signed by both parties is provided to the Agency without being requested. This also applies to extensions.
   4. MWZ 24 is not party to the rental contract.
       
5. Credit Check
   Should a landlord require a credit check (generally referred to in Germany as SCHUFA) before signing a rental contract, MWZ 24 can request this for you. A credit check will be requested MWZ 24 only with your permission and provided to the landlord.
    
6. Information Obligations of the Tenant
   1. You undertake to inform the Agency immediately of the conclusion of a rental agreement, regardless whether the rental agreement was brokered by MWZ 24 or not.
   2. You undertake to inform MWZ 24 immediately as soon as a single or repeated extension of the lease is intended, at the latest one month before expiry of the initial lease period. It is irrelevant whether the lease will be continued under another name. This is particularly true when the tenant takes over a lease that was previously completed by the employer.
   3. If you have previous knowledge from other sources about a property which we offer, this previous knowledge should be disclosed to us within three days. Otherwise you are obligated by way of compensation for damages to reimburse those expenses which arise due to your leaving us in ignorance of the existing previous knowledge.
   4. You undertake to inform MWZ 24 immediately should a landlord offer you more apartments than those proposed to you by the Agency, regardless of whether these apartments belong to the landlord.
       
7. Exposés
   1. MWZ 24 provides the tenant with a detailed exposé which MWZ 24 created using the information provided by the landlord. MWZ 24 is not liable for any incorrect information or changes that occur after publication or transfer of the exposé.
   2. The all-inclusive rent is published in the exposé, regardless of whether the utility costs are listed as a lump sum or as an advance payment. Optional costs are listed separately.
       
8. Photographs
   The copyrights for the photographs and floor plans provided by MWZ 24 belong to MWZ 24. Linking to, copying, or saving the images and floor plans, as well as providing them to third parties, is strictly prohibited.
    
9. Non-Disclosure Agreement
   Any disclosure of information provided to you by MWZ 24 about housing advertised by MWZ 24, including personal data and contact details of the owner, is strictly prohibited. Should by this disclosure a rental contract with a third party come into existence, MWZ 24 is entitled to a proper level of compensation.
    
10. Data Protection
    1. MWZ 24 will treat your data confidentially and will only pass on your data to a third party if there is a connection with your commissioning of MWZ 24.
    2. Likewise, the landlord’s data must be treated confidentially by yourself.
    3. MWZ 24 is obliged by law to keep your data for a specified period after expiration of the commissioning.
        
11. Limitation of Liability
    1. MWZ 24 assumes that all data provided and published is correct and maintains their databank with the utmost care. However, the Agency  assumes no responsibility for the accuracy of the data. Changes to data can be carried out at any time.
    2. As part of the landlord’s commissioning, he assures MWZ 24 that all required permits and authorization to rent or sublet exist. It is not possible for the Agency to verify this. MWZ 24 assumes no liability for damages which arise from a lack of permits or authorizations.
    3. MWZ 24 assumes no responsibility for false information from landlords regarding personal data or features of the residence.
    4. The liability of MWZ 24 for the case of unsuccessful mediation, for lack of appropriate apartments, or for a rental contract falling through is explicitly excluded.
    5. MWZ 24 assumes no liability for claims arising from the rental agreement.
    6. MWZ 24 is not responsible for the availability, content or accuracy of the websites to which they provide a link. Any use of linked websites is at your own risk.
    7. Google Maps is integrated into the website of MWZ 24 and its use is subject to Googles Terms of Service. MWZ 24 shall not be liable for violations of the Terms of Use by users of the website and liability claims for violations that are committed by the user are to be referred to the user.
    8. Claims for damages against MWZ 24 are excluded unless they are founded on malicious aforethought or gross negligence or, in the case of injury to life, limb or health, active negligence or strict liability. The limitation period for asserting a claim for damages is one year. The start of the limitation period is determined by the statutory regulations.
        
12. Right to Compensation in Case of Fraud or Evasion
    1. In the case of fraud or evasion, MWZ 24 reserves the right to demand a proper level of compensation.
    2. In case of any prohibited disclosure to a third party regarding housing data provided by MWZ 24, MWZ 24 will claim damages if a successful brokerage by MWZ 24 was hindered due to the illegal disclosure.
        
13. Dual Activity
    MWZ 24 is also entitled to work or to take action for the landlord – with or without charging a fee. In the case of dual activity, MWZ 24 is committed to impartiality.
     
14. Changes to the Terms and Conditions
    MWZ 24 has the right, at its sole discretion, to make changes to the terms and conditions, to the site, the application, or to the services at any time without prior notice. Changes will be posted on the website and you will be notified by e-mail. If you continue to use our services or you do not object within 2 weeks after notification, it will be deemed as consent. It is irrelevant whether the changes have been read by you.        
                                                                                                                    
15. German Law and Place of jurisdiction
    1. German law applies to contracts from seekers of housing who commission MWZ 24.
    2. Place of jurisdiction for seekers of housing with MWZ 24  is Düsseldorf unless the client is a trader or a corporate body organized under public law, or does not have a place of residence in Germany.

As of 01.11.2018

1. Right of revocation

You have the right to revoke this contract within 14 days without giving any reason.

The period of revocation is 14 days from the time of the conclusion of the contract.

In order to exercise your revocation right, you must inform us ( MWZ 24 GmbH, Ernst-Gnoss-Str.5-40219 Düsseldorf, info@mwz24.de, Fax: 021160056060)of your decision to revoke this contract, by means of a clear declaration (by post, by fax or byemail).You can, but are not required to, use the enclosed standard revocation form. It is sufficient for the compliance to the period of revocation, if you send the revocation before the end of the period of revocation. You can use this form for revocation.

2. Revocation consequences

In the event of a revocation, we have to return all payments that we received from you, promptly and at the latest within 14 days of the day that we were notified of your revocation of this contract. We will use the same payment method used by you in the original transaction, for the refund, unless expressly agreed otherwise with you; in no event will you be charged a fee for this refund.

3. Compensation

If you have requested that our services should start during the period of revocation you have to pay us an appropriate amount that corresponds with the service already provided, the proportion of which is up until the time that you have informed us of your right of revocation with regard to this contract, in comparison to the total amount provided for in the contract.