Terms

The following terms and conditions apply until 14 November 2020. The new terms and conditions, which will apply from 15 November 2020, can be found here.

Preamble

With www.vermietet.de Zenhomes provides a digital platform that enables owners to efficiently manage their properties themselves, that serves to mediate and organise services related to real estate ownership, rental and leasing, and that allows users to post their own content, access third-party content and communicate with third parties. Users can also access tools for the creation of specific documents such as rental contracts and service charge accounts.

In addition, Zenhomes offers property management and portfolio management services under the name “Hausio”.

1. Scope and persons

(1) These General Terms and Conditions (“GTC”) apply to all contracts concluded via our online portal between us, the

Zenhomes Ltd,
Mollstraße 31
10249 Berlin;
represented by the managing director Jannes Fischer;
Local Court Berlin Charlottenburg HRB 181292
(also called “Vermietet.de”, “Zenhomes”, “we”, “us” and/or “provider”)
phone number: +49 800 7234942
E-mail address: info@zenhomes.de

and you as our user (hereinafter “User”). The General Terms and Conditions apply regardless of whether you are a consumer, entrepreneur or trader.

(2) For the business relationship between Zenhomes and the user, the following GTCs apply exclusively in the version valid at the time the contract is concluded. Deviating conditions of the user will not be recognised unless the provider expressly agrees to their validity in writing.

(3) The current GTC can be accessed, printed out or downloaded here at any time, even after conclusion of the contract.

2. Persons and designations

(1) The term “user” includes both “landlord” and “tenant”, whether he is a consumer or a professional.

(2) “Landlord” are those users who appear on the vermietet.de portal as owners, landlords, property managers or estate agents who wish to let or already let a property or who themselves use a property for residential purposes.

(3) “Tenants” are such users who appear on the platform as owners or tenants who wish to rent or already rent a property and, where applicable, act as contractual partners of the lessor in accordance with §§ 535 ff BGB.

(4) The user is a consumer insofar as the purpose of using the services of Vermietet.de portal cannot be predominantly attributed to his commercial or self-employed professional activity. On the other hand, an entrepreneur is any natural or legal person or partnership with legal capacity that acts in the exercise of its commercial or self-employed professional activity when concluding the contract.

(5) The term “Vermietet.de portal” refers to the Internet portal operated by Zenhomes for the self-administration of real estate ownership, rental and leasing.

3. Services offered

(1) The following categories of services and products are offered on the platform:

  • A free “Freemium” offer. Zenhomes reserves the right to change the services and functions within the “Freemium” offer.
  • Paid subscriptions with different contents. The descriptions of the services subscribed to are displayed to the user when the subscriptions are taken out. The subscriptions also include the functions of the “Freemium” offer.
  • Individual services from the “Rental” and “Rights” areas which can be booked in addition.
  • “Hausio” services in the area of property and portfolio management

(2) With regard to services, a distinction must be made between those carried out by Zenhomes in its own name and for its own account (proprietary business), and those carried out in the name and for the account of a third party (agency business). Reference is made to the respective type of service when booking.

4. Registration

(1) Registration as a user is free of charge.

(2) Registration process as landlord:

2a) To become a User, the Landlord must register on one of the Vermietet.de websites and provide the information requested during registration, including a password and a valid e-mail address (“Registration Data”); to do this, the User must finally select the “Register” button. At the same time, the Lessor hereby affirms that he is at least 18 years of age and legally competent. The registration of a legal entity may only be carried out by a person authorised to represent the entity. This person must be named by name. Furthermore, the Landlord hereby assures that the information is true, correct and complete.

2b) After successful registration, an e-mail will be sent to the e-mail address provided. This e-mail contains contractual information.

(3) Registration process as tenant:

3a) As a tenant, you cannot create an account yourself. The Tenant is invited by the Landlord to the Vermietet.de portal. This creates an account for the Tenant.

3b) An e-mail is sent to the e-mail address of the Tenant provided by the Landlord. This e-mail contains an activation link. The Tenant must use this link to activate his Vermietet.de account. At the same time, the Hirer hereby affirms that he/she is at least 18 years of age and legally competent. The registration of a legal entity can only be carried out by an authorised representative. This person must be named by name. Furthermore, the Tenant hereby affirms that the information is true, correct and complete.

(4) The User may change, update and/or delete his account data at any time.

(5) The user must keep his account data in a true, current and complete state.

(6) The password for the Vermietet.de account must be kept secret and may not be passed on to other persons. Should other persons gain knowledge of the user’s password, the user is obliged to report this immediately to Zenhomes and change the password. The user is liable for damages and liabilities arising from unauthorised use prior to receipt of such notification to Zenhomes, unless the user is not responsible for a breach of duty.

(7) The user may not allow other persons to use his account.

(8) Any information provided by the user, in particular information provided during the registration process and during use of Zenhomes’ services, will be treated in accordance with these GTC and the Vermietet.de data protection declaration.

(9) Zenhomes reserves the right not to admit users or to delete their registered data without giving reasons. Zenhomes is entitled to exclude users from use in part, in whole or permanently or to block user profiles if they claim to have illegal or false or untrue content or facts. A blocked user is not permitted to register again. It is not permitted to register with the vermietet.de portal more than once or to set up and maintain multiple user accounts.

5. Conclusion of contract

(1) A contract between Zenhomes and the user for the provision of services is concluded as follows.

1a) The future user registers via the web form provided. Clicking on the “Register” button by the user is deemed to be an offer to conclude the contract of use. Immediately after completion of registration, Zenhomes will send a confirmation e-mail to the e-mail address provided by the user. The user contract is concluded upon receipt of the confirmation e-mail by the user or his authorised representative, but no later than upon provision of the service by Zenhomes GmbH.

1b) In the case of a booking via a messenger system, the offer is made by Zenhomes in the messenger window and acceptance by the user is effected by clicking the “Accept offer” button or by entering the written confirmation. The contract is deemed to have been concluded from this moment. Zenhomes will then send an e-mail to the e-mail address provided by the user with contractual information, including the revocation policy and attached terms and conditions in text form.

1c) In the case of a booking by telephone, the offer by Zenhomes and acceptance by the user will be made verbally. The contract is considered concluded from this moment. Zenhomes will then send an e-mail to the e-mail address provided by the user with contractual information, including information on the right of withdrawal and the attached terms and conditions in text form.

1d) In the case of a booking by e-mail, the offer is made by the user and Zenhomes accepts the offer by sending an e-mail to the e-mail address provided by the user with contractual information, including the revocation policy and attached terms and conditions in text form. The contract is considered concluded from this moment.

1e) In the case of online bookings, input errors can be corrected in the input fields using the keyboard and mouse until you click on the “Order” button to complete the order dialogue.

1f) Zenhomes uses the services of third parties to provide its services. In such a case, a corresponding reference to the act on behalf of and on the account of the third party is made at the time of conclusion of the contract. In such a case, the contract between the user and the third party is concluded by the offer of the third party and acceptance by the user. The user has the right to withdraw his acceptance 24 hours before the date agreed with the third party by notifying Vermietet.de.

(2) When booking additional services, a new contract is concluded with the booked service as the subject matter of the contract, the service provider as the contractual partner and the validity of these GTC as an integral part of the contract.

6. Revocation

(1) If you use the Vermietet.de services as a consumer in accordance with § 13 BGB (German Civil Code), you have the right to revoke this contract within fourteen days without giving reasons in accordance with § 355 BGB. The right of revocation is excluded as soon as you use the Vermietet.de services as an entrepreneur or for other commercial purposes in accordance with § 14 BGB.

(2) The revocation period is fourteen days from the date of conclusion of the contract.

(3) To exercise your right of revocation, you must

Zenhomes GmbH,
Saarbrücker Straße 20/21, 10405 Berlin;
Telephone number: +49 800 7234942
E-mail address: info@zenhomes.de

inform us by means of a clear statement (e.g. a letter, fax or e-mail sent by post) of your decision to withdraw from this contract. You may use the attached model revocation form, which is not mandatory.

(4) In order to comply with the revocation period, it is sufficient to send the notification of the exercise of the right of revocation before the end of the revocation period.

(5) Consequences of withdrawal

5a) If you withdraw from this Agreement, we shall reimburse you for all payments we have received from you, including delivery charges (other than any additional charges arising from your choosing a different method of delivery to the cheapest standard delivery offered by us), immediately and no later than fourteen days from the date on which we receive notice of your withdrawal from this Agreement. We will use the same means of payment for this refund as you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged for this refund.

5b) If you have requested that the Services commence during the cancellation period, you will be required to pay us a reasonable amount representing the proportion of the Services already provided by the time you notify us of the exercise of the right of cancellation in respect of this Agreement compared to the total amount of Services provided under the Agreement.

Sample cancellation form
(If you want to cancel the contract, please fill in this form and send it back).

To
Zenhomes GmbH
Saarbrücker Straße 20/21
10405 Berlin
Phone: +49 800 7234942,
e-mail: info@zenhomes.de

I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)
Ordered on (*)/received on (*):

…………………………………….
Name of the consumer(s):
…………………………………….
Address of the consumer(s):
…………………………………….
…………………………………….
Signature of the consumer(s) (only for paper-based notifications):
…………………………………….
Date:
…………………………………….
_________________________________
(*) Delete as appropriate.

Important: Please enter your e-mail address when revoking your order (this is not mandatory) to ensure the fastest possible processing.

7. Content and duty of care

(1) Rights to uploaded content:

1a) The contents or advertisements placed in the database are foreign content for Zenhomes within the meaning of § 8 paragraph 1 Telemediengesetz (TMG). The legal responsibility for this content therefore lies with the person who has placed the content in the database.

1b) If you upload content to the platform, you grant Zenhomes and companies affiliated with Zenhomes (§ 15 AktG) the simple and transferable right to reproduce, distribute, display, make publicly accessible, store and translate such content without territorial restriction. The granting of rights applies as long as the content is accessible to other users.

1c) Zenhomes is the holder of rights to the content of the website and the database. All copyrights, trademark rights and other intellectual property rights to the database work, the database and the content, data and other elements posted on the vermietet.de platform are the exclusive property of Zenhomes; any rights of the user to the content posted by him/her remain unaffected.

1d) Only such content and statements may be uploaded or transmitted for which the user has the necessary rights (in particular copyright and ancillary copyright). The posting and distribution of pirate copies is prohibited.

1e) Zenhomes is entitled to use the content through or in the form of online advertising banners of Vermietet.de or of cooperation partners within the scope of so-called retargeting marketing.

(2) Responsibility for content

2a) Any statements concerning racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, health or sex life or relationship status or certificates from the previous landlord are expressly prohibited.

2b) The User is responsible for the content he/she posts. In particular, he shall guarantee that the content is not illegal and does not infringe the rights of third parties (e.g. copyright or trademark rights). Zenhomes is not obligated to check whether any content posted impairs the rights of third parties or violates legal regulations. The user is obligated to correct or delete content posted by him/her, unless it does not meet the requirements for the design of advertisements. Furthermore, the user must ensure that files transmitted by him do not contain viruses or comparable harmful programs.

2c) Should Zenhomes be held liable by third parties, including state institutions, within the scope of this agreement for the infringement of the rights of third parties and other legal violations due to the contractual use of the user’s content, the user will indemnify Zenhomes against these claims and will provide Zenhomes with the necessary support in the legal defense to which Zenhomes is entitled but not obligated and will assume the necessary costs of the legal defense for Zenhomes. The prerequisite for this is that Zenhomes immediately informs the user in writing (e-mail is sufficient) of any claims asserted or infringements of rights, does not make any concessions or acknowledgements or equivalent declarations and allows the user to conduct all judicial and extrajudicial negotiations regarding the claims at its own expense. Vermietet.de reserves the right to assert further claims.

2d) In the event of a breach of the regulations described in this paragraph, Zenhomes is entitled at any time to reject the content or to remove or deactivate it immediately and without prior consultation with the user. Zenhomes will inform the user immediately of any rejection, deletion or deactivation of the content, stating the reasons for the rejection, deletion or deactivation.

2e) The user’s obligation to pay compensation remains unaffected by the performance of the measures specified in this clause.

(3) Rights in handling data

3a) During the term and subject to the provisions of these GTC, the user has the right to make individual items of content visible on his screen and to produce a printout for permanent display exclusively using the search masks on the Vermietet.de platform. Automated retrieval by scripts, by bypassing the search mask with search software or comparable measures are not permitted.

3b) The user may not convert the Zenhomes software into another form of expression (reverse-assemble, reverse-compile) or translate it in any other way unless such conversion is provided for by express legal regulations. The user may not use the content and data obtained by querying it, either in whole or in part or in excerpts, to build up his or her own database in any media form and/or for commercial data exploitation or provision of information and/or for any other commercial exploitation. The linking, integration or other connection of the database or individual elements of the database with other databases or meta-databases is not permitted.

(4) Transmission and storage of contents

4a) Users may use the Platform to transmit e-mails, and other messages and their own content or content of other users (with their consent).

4b) Zenhomes accepts no liability for the forwarding of content to the recipient or for the correct reproduction of content on the platform, unless Zenhomes can be accused of intent or gross negligence.

4c) Certain services may include an anti-virus program or other filters. Zenhomes points out that no such programme can offer complete security, that even checked content may contain a virus and that the programmes may suppress the forwarding of content.

4d) The user must retrieve incoming messages for him/her via the platform at appropriate intervals and store them on his/her own computers. The user must ensure that his data and the contents intended for him are backed up and is responsible for archiving.

4e) The user is advised that it is his responsibility to carry out a data backup at regular intervals (at least once a day), whereby data stored on the account may not be stored on these backups. The User shall perform a complete data backup, in particular before any work is started on the computer system or before the installation of hardware.

4f) If a user uses the services to transmit statements or content to other users or third parties or to store documents on the account, vermietet.de points out that the transmission of statements or content or storage of documents by means of the vermietet.de services may not correspond to the form or manner prescribed by law or agreed with the recipient or other third parties. The user is responsible for clarifying whether the transmission or storage by means of the vermietet.de services is suitable, appropriate and effective.

8. Data protection and order processing

(1) We process personal data insofar as this is necessary for the provision of our services and/or the operation of the platform.

(2) Our supplementary agreement on order processing according to Art. 28 DSGVO https://www.vermietet.de/avv is part of the GTC. With the acceptance of the GTC by the user, the user is deemed to have accepted the GTC.

(3) Further information on data protection within the meaning of Art. 13 DSGVO can be found in our data protection declaration https://www.vermietet.de/datenschutz. By accepting the GTC, the user confirms that he has taken note of the data protection declaration.

9. Limitation and exclusion of liability

(1) Zenhomes has unlimited liability:

1a) for damages resulting from injury to life, body or health that are based on an intentional or negligent breach of duty by Zenhomes or a legal representative or vicarious agent of Zenhomes.

1b) for other damages that are based on an intentional or grossly negligent breach of duty as well as malice on the part of Zenhomes or a legal representative or vicarious agent of Zenhomes.

1c) under the Product Liability Act and insofar as Zenhomes has assumed a guarantee for the quality.

(2) Zenhomes assumes no responsibility for:

2a) the accuracy and completeness of the content provided (including the content of links to external websites) and statements made.

2b) the accuracy and completeness of the information provided and declarations made by users and for the identity and integrity of the users

2c) the correctness and completeness of information, data, messages, images, contracts or other content transmitted between users.

(3) Zenhomes cannot guarantee the constant and uninterrupted availability and error-free reproduction of the vermietet.de services or content or the availability of the vermietet.de services or content (e.g. transmitted copies of contracts) on the platform. This applies in particular where access to the vermietet.de services or the content is caused by faults that lie outside the sphere of Zenhomes. Temporary disruptions may occur due to technical problems or maintenance work. Zenhomes will endeavour to remedy such impairments without delay.

(4) Intention and negligence

Zenhomes is liable for damages that arise due to slightly negligent violation of essential contractual obligations by Zenhomes or a vicarious agent of Zenhomes in connection with the use of the service against payment only to the amount of the foreseeable damage typical for the contract; an essential contractual obligation is one whose fulfillment is essential for the proper execution of the contract and on whose compliance the contracting partner of Zenhomes may regularly rely.

(5) Data loss

Zenhomes accepts no liability for the loss of data or information or costs of useless data input unless the user has made a proper data storage and the loss is not due to immediate termination by Zenhomes.

(6) Liability for generated content

By purchasing or downloading contracts, service charge statements, similar documents and services related thereto, the user does not acquire any claim to defect-free documents and services related thereto, but only sample contracts or sample service charge statements or proposals in this context. Since Zenhomes only provides the above-mentioned examples and proposals and explicitly does not provide any finished contracts, a defect is not to be interpreted in connection with the end use, but only as assistance in the preparation of the above-mentioned contracts or similar. Zenhomes assumes no responsibility to the user with respect to claims by third parties arising from legal violations in connection with content generated by a vermietet.de service.

(7) Legal contents

Zenhomes provides legal content on its websites. These are to be understood exclusively as legal recommendations and do not constitute legal advice. Zenhomes assumes no liability for the accuracy and timeliness of the information provided. The user should consult a qualified lawyer on legal issues.

(8) Liability for third-party services

Zenhomes is not liable for the content of all pages that refer directly or indirectly to the pages of third parties (so-called links).

(9) Liability for mediated services

Zenhomes is not liable for mediated services like mediated craftsmen.

(10) Further limitations of liability

Zenhomes is not subject to any further contractual liability other than that described in the preceding paragraphs of this clause, irrespective of the legal nature of the claims you make. Any liability beyond these general terms and conditions is excluded. Legal representatives and vicarious agents of Zenhomes may also invoke the exclusions and limitations of liability under these GTC if claims are asserted against them.

10. Prohibited activities

(1) The following activities are prohibited in connection with the use of vermietet.de services and the user may not carry out or enable them:

1a) Violation of applicable law, a contract or a regulation (for example, provisions on consumer protection, industrial property rights, competition law, protection against discrimination, youth protection regulations, criminal law or misleading advertising)

1b) Violation of copyrights, patents, trademarks, trade secrets or other property rights, as well as violation of personal rights of Zenhomes, users or third parties;

1c) Conduct in an obscene, defamatory, libellous, unlawfully threatening or unlawfully harassing manner;

1d) providing false, incorrect or misleading information;

1e) Use of a disguised representative to conceal your identity;

1f) Disclosure of another user’s data to third parties, transfer of the data to third parties or use of such data for marketing purposes, unless the user has expressly permitted you to do so;

1g) Sending unsolicited e-mails (spam) to a user; Recommendation e-mails are inadmissible in any case if the sender’s e-mail address is not displayed as the sender of the e-mail and the sender cannot prove his own interest in inviting the third party to the platform;

1h) to allow the penetration of viruses, Trojans, worms or other program processes that damage, impair, secretly intercept or disable (operating) systems, data or information;

1i) Use a search robot, spider, other automatic device or mechanical process to monitor or reproduce our platform without our prior written consent;

1j) reproduce, copy, forward to third parties, change, redesign, make public or create derivative works from the contents of the Vermietet.de website, the Vermietet.de app and the Vermietet.de integration without our or a corresponding third party’s written consent.

(2) Compensation and release from liability

You agree to indemnify Zenhomes against all expenses and damages (including court and attorney’s fees) arising out of or in connection with your culpable breach of this Agreement and your use of the Service, Material, unless you are not responsible for the breach. The user will provide Zenhomes with the necessary support in legal defence free of charge on request.

11. Blocking

If you breach these terms and conditions or any other agreement with Zenhomes, Zenhomes is entitled to block your account or the content concerned temporarily or permanently. Zenhomes will take into account the significance of the violation and your legitimate interests in the decision and will also consider, among other things, whether the violation was not culpable or whether the violation was culpably committed. A temporary blockage of your account or the content concerned until the facts of the case have been clarified is also permissible if there is a well-founded suspicion of such a violation of rights. Before blocking your account, Zenhomes will first send you a warning if this is appropriate and Zenhomes can be reasonably expected to do so. If Zenhomes blocks your account or the relevant content in accordance with this clause, Zenhomes will not be responsible or liable to you in any way with regard to access to information that you have stored in your profile or to the reimbursement of amounts that you have already paid, unless you are not responsible for the infringement or the suspicion against you proves to be unfounded.

12. Payment, withholding of benefits

(1) The prices and services of the respective vermietet.de services are based on the prices and services agreed upon when the contract is concluded.

(2) Payment procedure

All debits will be made according to the payment method you have chosen at the time of the first purchase or payment. You can choose between the payment methods displayed in our service. If any information regarding the payment method changes, you must update this information in your account. If your credit card company (or its affiliates) change their billing information and Zenhomes receives this information, Zenhomes will use this information to bill your existing account (for example, if you lose your credit card and are assigned a new account number that Zenhomes will use). If Zenhomes does not receive payment from the user’s credit card provider, the user undertakes to pay the fee due to Zenhomes elsewhere. Zenhomes is free to send invoices and payment reminders exclusively by electronic means.

(3) All prices include value added tax and any other taxes that may be applicable.

(4) Offsetting

You are only entitled to a right of set-off if your counterclaim has been legally established, recognised or is undisputed.

(5) Insofar as the user defaults on his obligation to pay for paid service components, Zenhomes is entitled to temporarily block further services – including those provided free of charge. This is done in particular to prevent the user from using further services against payment.

13. Term and termination

(1) Unless expressly agreed otherwise, the term of the contract is unlimited and it can be terminated by either party at any time with 2 weeks’ notice.

(2) If a minimum contract period has been agreed with the User, the contract shall be extended by the minimum contract period in each case, but by a maximum of one year, if it is not terminated with a notice period of 2 weeks to the end of the minimum contract period.

(3) The right of termination without notice remains unaffected. Cause for termination by Zenhomes shall be deemed to be good cause in particular if a user culpably undertakes, enables or culpably enables the misuse of the account in accordance with Section 8.

(4) Termination by the user must be made by e-mail using the contractual e-mail address or by post to the following address

Zenhomes GmbH,
Mollstraße 31,
10249 Berlin

(5) With the end of the contract the user may no longer use the Vermietet.de services and the user’s content will be blocked and, subject to the data protection declaration, deleted.

14. Amendment of the AGB

(1) Zenhomes is entitled to amend these GTCs subject to a reasonable notice period of at least six weeks. Zenhomes will announce the change on the platform by stating the changed terms and conditions and the time of entry into force and will notify the user at least in text form. The user is advised of the consequences associated with the exercise or non-exercise of his right to object.

(2) The User may either agree to or reject the amendments before the proposed date of their entry into force. The amendments shall be deemed to have been accepted and approved if the User does not object to them at least in text form – an e-mail using the contractual e-mail address is sufficient. Zenhomes will then base its further business relationship on the amended version of the general terms and conditions.

(3) In the event of an objection to the amended terms and conditions within the specified period, the request for amendment is deemed to be rejected and the contract will be continued without the proposed amendments. In this case, both parties are entitled to terminate the contract in whole or in part at the time the change takes effect.

15. Final provisions

(1) The law of the Federal Republic of Germany shall apply to contracts between Zenhomes and the customers to the exclusion of the UN Sales Convention. The statutory provisions restricting the choice of law and the applicability of mandatory provisions, in particular those of the state in which the customer as a consumer has his or her habitual residence, remain unaffected.

(2) If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and Zenhomes is the registered office of Zenhomes.

(3) The remaining parts of the contract remain binding even if individual points are legally invalid. The ineffective points will be replaced by the statutory provisions, if any, or by those which come closest to the purpose of the contract. However, if this would represent an unreasonable hardship for one of the contracting parties, the contract as a whole shall become invalid.

 

 

This data protection declaration is an English translation of the German original (available via www.zenhomes.com.de/agb). Only the German original is legally binding.