Terms

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

Zenhomes GmbH,
Saarbrücker Straße 20/21,
10405 Berlin;
represented by the CEO Jannes Fischer;
Local Court Berlin Charlottenburg HRB 181292
(also called “Vermietet.de”, “Zenhomes”, “we”, “us”)
Phone: +49 800 7234942
E-Mail adresse: 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 merchant.

For the business relationship between Zenhomes and the user, the following General Terms and Conditions apply exclusively in their version valid at the time of the conclusion of the contract. Deviating conditions of the customer will not be recognized unless the provider expressly agrees to their validity in writing.

The current GTC can be called up, printed out or downloaded here at any time, even after conclusion of the contract.

Persons and designations
The term “user” includes both “landlord” and “tenant”.

“Landlords” are those users who appear on the Zenhomes as owners, landlords, property managers or brokers who want to rent out a property or already rent it out or use it themselves for residential purposes.

“Tenants” are those users who appear on the platform as owners or tenants who want to rent a property or who already rent it and, if applicable, act as contractual partners of the lessor in accordance with §§ 535 ff BGB (German Civil Code).

The user is a consumer, as far as the purpose of the use of the services of Zenhomes can not predominantly be 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 who, when concluding the contract, acts in the exercise of his commercial or independent professional activity.

The term “Zenhomes” refers to the Internet portal operated by Zenhomes for the self-management of real estate ownership, rental and leasing.
The services, websites, integrations and the Zenhomes offered by Zenhomes together form the “Zenhomes Services” or “Services”. The services of Zenhomes also include the provision of content and material that has been made available within the framework of the services.

The services provided by Zenhomes and the communication platform together form the services of Zenhomes (“Services”).

Offered Services and Services
Zenhomes provides a digital platform that enables owners to efficiently manage their properties themselves. Zenhomes also provides the user with a technical platform for brokering and organising property ownership, rental and leasing services. Users can post their own content on the platform, retrieve the content of third parties and communicate with third parties (“communication platform”).

In the “Zenhomes” the object-related documents can be uploaded, retrieved and managed, information about the own, the rented or the rented property can be viewed – provided that this information and documents were provided or generated by the landlord. In addition the Zenhomes offers the possibility to the user to inquire further object-referred Zenhomes services.

Services include the provision of tools for the preparation of specific documents, such as rental agreement and ancillary cost accounting.

The use of the online services offered is subject to restrictions, including those specified below.

Any commercial use of the services offered requires the approval of Zenhomes in individual cases.

When booking services by users, free services are to be distinguished from those that are part of the service offer of the various subscriptions and from those that can be booked individually. When additional services are booked, a new contract is concluded with the booked service as the subject of the contract, the service provider as the contractual partner and the validity of these GTC as an integral part of the contract.

In the case of services, a distinction is to be made between those performed by Zenhomes in its own name and for its own account (own business) and in the name of a third party and for a third party account (agency business). The respective type of service is indicated at the time of booking.

Users of the automatic incoming rental control service agree to our data protection declaration, in particular the processing of sensitive data. In addition, they agree that Zenhomes may store the registration data for personal online banking access in order to ensure the smooth running of the service.

User support. Please direct all questions concerning the services or the contract directly to an employee of vermietet.de user support. The phone number of Zenhomes user support is +49 800 7234942.

Registration
Registration as a user is free of charge.

Registration process as landlord

In order to become a user, the lessor must register on one of the Zenhomes websites and provide the information requested during registration, including a password and a valid e-mail address (“registration data”); for this purpose he must finally select the “Register” button. At the same time, the Lessor hereby assures that he is at least 18 years old and legally competent. The registration of a legal entity can only be carried out by an authorised representative. This person must be named. Furthermore, the Lessor hereby assures that the information is true, accurate and complete.

After successful registration an e-mail will be sent to the given e-mail address. This e-mail contains contract information.

Registration process as a tenant

As a tenant you cannot create your own account. The tenant is invited by the landlord to the Zenhomes. Thus an account for the tenant is provided.

An e-mail will be sent to the e-mail address of the tenant given by the landlord. This e-mail contains an activation link. The tenant must activate his Zenhomes account via this link. At the same time, the tenant hereby assures that he is at least 18 years old and legally competent. The registration of a legal entity can only be made by a person authorized to represent. This person is to be named. Furthermore the tenant assures hereby that the information is true, correct and complete.

The user can change, update and/or delete his account data at any time.

The user has to keep his account data on a truthful, current and complete state.

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

The user may not transfer his account to other persons for use.

Any information provided by the user, in particular information provided during the registration process and during the use of Zenhomes services, will be treated in accordance with these terms and conditions and the Zenhomes Privacy Policy.

Zenhomes reserves the right not to allow users or to delete their registered data without giving reasons. Zenhomes reserves the right to partially, completely or permanently exclude users or block user profiles if they claim illegal, false or untrue contents/facts. A blocked user is prohibited from re-registering. It is not permitted to log on to the Zenhomes several times or to set up and manage several user accounts.

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

The future user registers via the web form provided. Clicking on the “Register” button by the user is considered an offer to conclude the user contract. Immediately after registration is completed, Zenhomes will send a confirmation email to the email address provided by the user. The contract of use comes into effect with the receipt of the confirmation mail by the user or his authorised representative, at the latest, however, with the provision of the service by Zenhomes GmbH.

In case of booking via Messenger system, the offer is made by Zenhomes in the Messenger window and accepted by the user by clicking the button “Accept offer” or by entering the written confirmation. The contract shall be deemed concluded from this moment. Zenhomes will then send an e-mail to the e-mail address provided by the user with contract information including instructions on cancellation and attached terms and conditions in text form.

In case of a booking by telephone, the offer is made by Zenhomes and the acceptance by the user is verbal. 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 contract information including cancellation instructions and attached terms and conditions in text form.

In the case of a booking by e-mail, the offer is made by the user and the acceptance by Zenhomes is made by sending an e-mail to the e-mail address specified by the user with contract information including cancellation instructions and attached terms and conditions in text form. The contract shall be deemed concluded from this moment.

In the case of online bookings, you can correct input errors via keyboard and mouse in the input fields until you click on the “Order” button at the end of the order dialogue.

The contract text is made accessible to the user in accordance with the statutory provisions by sending an e-mail.

The contract is concluded in the German language.

Zenhomes uses the services of third parties to perform its services. In such a case, Zenhomes will make reference to the act in the name and on the account of the third party upon conclusion of the contract. In such a case, the contract between the user and the third party is concluded through the offer of the third party and the 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 Zenhomes. If the acceptance is taken back less than 24 hours before the date, the third party is obliged to provide an invoice in the amount of 50 € to the user.

Revocation
If you use the Zenhomes services as a consumer in accordance with § 13 BGB, 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 Zenhomes services as an entrepreneur or for other commercial purposes in accordance with § 14 BGB.

The revocation period is fourteen days from the day the contract is concluded.

In order to exercise your right of revocation, you must

Zenhomes GmbH,
Saarbrücker Straße 20/21,
10405 Berlin;
Phone: +49 800 7234942
E-Mail adress: info@zenhomes.de

inform you by means of a clear statement (e.g. a letter, fax or e-mail sent by post) of your decision to revoke this Agreement. You can use the attached sample revocation form, which is not mandatory.

In order to comply with the revocation period, it is sufficient for you to send the notification of exercising the right of revocation before the expiry of the revocation period.

Consequences of revocation

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

If you have requested that the Services be commenced during the withdrawal period, you shall pay us a reasonable amount equal to the proportion of the Services already provided by the time you notify us of the exercise of the right of withdrawal in respect of this Agreement in relation to the total Services provided for in the Agreement.

Sample withdrawal form
(If you want to cancel the contract, please fill out 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 cancel the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following services (*)

Ordered on (*)/received on (*):
…………………………………….

Name(s) of consumer(s):
…………………………………….

Address of consumer(s):
…………………………………….
…………………………………….

Signature of consumer(s) (only for paper communication):
…………………………………….

Date:
…………………………………….
_________________________________
(*) Delete as applicable.

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

Contents and duty of care
Rights to uploaded content

The contents and/or advertisements placed in the database are foreign contents for Zenhomes in the sense of § 8 paragraph 1 Telemediengesetz (TMG). Accordingly, the legal responsibility for these contents lies with the person who entered them into the database.

If you upload content to the platform, you grant Zenhomes and its affiliated companies (§ 15 AktG) the non-exclusive and transferable right to reproduce, distribute, display, make publicly available, store and translate such content without spatial restrictions. The granting of rights applies as long as the content is accessible to other users.

Zenhomes is the owner of the rights to the contents of the websites and the database. Zenhomes is exclusively entitled to all copyrights, trademarks and other protective rights to the database, the database and the contents, data and other elements posted on the Zenhomes platform; any rights of the user to the contents posted by him remain unaffected by this.

Only those contents and statements may be uploaded or transmitted for which the user has the necessary rights (in particular copyrights and ancillary copyrights). The placement and distribution of pirated copies is prohibited.

Zenhomes is entitled to use the content through or in the form of online advertising banners from Zenhomes or from cooperation partners in the context of so-called retargeting marketing.

Responsibility for content

Any information about racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, health or sexual life or relationship status or certificates of the previous landlord is expressly prohibited.

The user is responsible for the content he/she uploads. In particular, the user is responsible for ensuring that the content is not illegal and does not infringe the rights of third parties (e.g. copyrights or trademark rights). Zenhomes is not obligated to check whether a posted content infringes the rights of third parties or violates legal regulations. The user is obliged to correct or delete the content posted by him unless it meets 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.

Should Zenhomes be claimed by third parties, including state institutions, within the scope of this contract due to the violation of the rights of third parties as well as other legal violations due to the contractual use of the contents of the user, the user will indemnify Zenhomes from these claims and will provide Zenhomes with the necessary support in the legal defense to which Zenhomes is entitled, but not obligated, as well as assume the necessary costs of legal defense for Zenhomes. The prerequisite for this is that Zenhomes informs the user immediately and comprehensively in writing about asserted claims and infringements of rights (e-mail sufficient), does not make any concessions or acknowledgements or equivalent declarations and enables the user to conduct all judicial and extra-judicial negotiations about the claims at his own expense. Zenhomes reserves the right to assert further claims.

In the event of violation of the provisions described in this paragraph, Zenhomes is entitled at any time to reject the content, or immediately and without prior consultation with the user to remove or disable. Zenhomes will immediately inform the user of any rejection, deletion or deactivation of the content, stating the reasons.

The user’s obligation to pay the remuneration remains unaffected by the measures mentioned in this paragraph.

Rights in handling the data

The user has the right during the term and under the provisions of these GTC to make individual contents visible on his screen exclusively using the search masks of the Zenhomes platform and to produce a printout for permanent visualization. An automated query by scripts, by bypassing the search mask by search software or comparable measures are not permitted.

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 a conversion is provided for by explicit legal regulations. The user may not use the contents and data obtained by query, either in full, in part or in extracts, for the creation of his own database in any media form and/or for commercial data exploitation or the provision of information and/or for any other commercial exploitation. The linking, integration or other linking of the database or individual elements of the database with other databases or meta-databases is not permitted.

Transmission and storage of contents

Users may use the Platform for the transmission of e-mails, and other messages and own content or content of other users (with their consent).

Zenhomes assumes 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.

Certain services may include a virus protection program or other filters. Zenhomes points out that no such program can offer complete security, that even checked content can contain a virus and that the programs can suppress the transmission of content.

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

The user is informed that it is his responsibility to perform 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 must carry out a complete data backup, in particular before each start of work on the computer system or before the installation of hardware.

If a user uses the services to transmit declarations or content to other users or to third parties or to store documents on the account, Zenhomes points out that the transmission of declarations or content or storage of documents by means of the Zenhomes 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 via the Zenhomes services is suitable, appropriate and effective.

Limitation and exclusion of liability
Zenhomes has unlimited liability:

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

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

Zenhomes shall be liable in accordance with the Product Liability Act and to the extent that Zenhomes has assumed a guarantee for the quality.

Zenhomes assumes no responsibility for:

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

the correctness and completeness of the information and declarations provided by users as well as the identity and integrity of the users.

the accuracy and completeness of information, data, messages, images, contracts or other content transmitted between users.

Zenhomes cannot guarantee for a constant and uninterrupted availability and error-free reproduction of the Zenhomes services or the contents or for the availability of the Zenhomes services or the contents (e.g. transmitted copies of contracts) on the platform. This applies in particular if access to the Zenhomes services or content is caused by disruptions outside the sphere of Zenhomes. Due to technical problems or maintenance work, temporary impairments may occur. Zenhomes strives to eliminate such impairments immediately.

Intention and negligence

Zenhomes is liable for damages caused by slightly negligent violation of essential contractual obligations of Zenhomes or a vicarious agent of Zenhomes in connection with the paid use of the service, only to the amount of the contract-typically foreseeable damage; an essential contractual obligation is one whose fulfillment enables the proper execution of the contract in the first place and on whose compliance the contracting party of Zenhomes may regularly rely.

Data loss

Zenhomes is not liable for the loss of data or information or the cost of useless data entry unless the user has properly stored the data and the loss is not due to immediate termination by Zenhomes.

Liability for generated content

By purchasing or downloading contracts, utility bills, similar documents and services in connection therewith, the user does not acquire any claim to defect-free documents and services in connection therewith, but only sample contracts or sample utility bills or proposals in connection therewith. Since Zenhomes only provides examples and suggestions mentioned above and explicitly does not provide any finished contracts, a defect is not to be interpreted in connection with the end use, but exclusively as an assistance in the preparation of above mentioned contracts or similar. Zenhomes does not assume any responsibility towards the user for claims by third parties arising from infringements in connection with content generated by a Zenhomes service.

Legal content

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. The user should consult a qualified lawyer for legal advice.

Liability for third-party services

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

Liability for brokered services

Zenhomes is not liable for services provided by intermediaries, such as tradesmen.

Further limitations of liability

Zenhomes shall have no further contractual liability than that described in the preceding paragraphs of this clause, regardless of the legal nature of the claims you make. Any liability going beyond these GTC is excluded. Legal representatives and vicarious agents of Zenhomes can also refer to the exclusions and limitations of liability according to these GTC if claims are asserted against them.

Prohibited activities
The following activities are prohibited in connection with the use of Zenhomes services and the user may not carry them out or make them possible:

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

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

Conduct in an obscene, defamatory, libellous, threatening or harassing manner;

Provide false, inaccurate or misleading information;

Use a covert proxy to disguise your own identity;

Disclose another user’s information to a third party, share the information with a third party, or use such information for marketing purposes unless the user has expressly permitted you to do so;

Sending unsolicited e-mails (spam) to a user; recommendation e-mails are in any case inadmissible 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;

To enable the intrusion of viruses, Trojans, worms or other program processes that damage, impair, secretly intercept or disable (operating) systems, data or information;

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

to copy, reproduce, forward to third parties, modify, redesign, make public or create derivative works from the contents of the Zenhomes websites, the Zenhomes app and the Zenhomes integration without the written consent of us or a corresponding third party.

Compensation and release from liability

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

Blocking
If you violate these Terms and Conditions or any other agreements with Zenhomes, Zenhomes may suspend or terminate your account or Content temporarily or permanently. Zenhomes will consider the significance of the violation and your legitimate interests in its decision, including, but not limited to, whether the violation was committed through no fault of Zenhomes. A temporary suspension of your account or the contents concerned until the facts of the case have been clarified is also permissible, provided that there is a reasonable suspicion of such an infringement. Zenhomes will first warn you before blocking your account, if this is reasonable and Zenhomes is reasonable. If Zenhomes terminates your account or any Content under this paragraph, Zenhomes will have no responsibility or liability to you for accessing any information you have stored in your profile or for any refund of any amounts you have already paid, unless you are not responsible for the violation or the suspicion against you is unfounded.

Payment, performance withholding
The prices and services of the respective Zenhomes services are based on the prices and services agreed upon when the contract was concluded.

Payment procedure

All charges are made in accordance with the payment procedure that you specified 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 procedure changes, you will need to update this information in your account. If your credit card company (or its affiliates) changes its 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 agrees to pay the payment due to Zenhomes otherwise. Zenhomes is free to send invoices and payment reminders electronically only.

All prices are inclusive of sales tax and any applicable additional taxes.

Offset

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

As far as the user is in default with his payment obligation for paid service components, Zenhomes is entitled to block further services – also free of charge – temporarily. This is done in particular in order to prevent the user from using further services against payment.

Term and termination
Unless expressly agreed otherwise, the term of the contract is unlimited and may be terminated by either party at any time with a notice period of 2 weeks.

If a minimum contract term has been agreed with the user, the contract shall be extended by the minimum term 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 term.

The right to termination without notice remains unaffected. As an important reason for a termination by Zenhomes is to be considered in particular if a user culpably forbids activities according to paragraph 8, makes possible or culpably allows the misuse of the account.

The termination of the user must be made by e-mail using the contractual e-mail address or by post to the following address:

Zenhomes GmbH,
Saarbrücker Straße 20/21,
10405 Berlin

With the end of the contract, the user may no longer use the Zenhomes services and the contents of the user will be blocked and subject to the privacy policy deleted.

Changes to the General Terms and Conditions
Zenhomes is entitled to change these general terms and conditions with a reasonable period of notice of at least 2 weeks. Zenhomes will announce the change on the platform by stating the changed conditions and the date of entry into force. The user will also be informed of the consequences of exercising or not exercising his right of objection.

If the user does not object using the contractual e-mail address or by post within 2 weeks of notification, the amended conditions shall be deemed accepted.

In particular, Zenhomes reserves the right to introduce a cost obligation for individual services and will observe the statutory right of revocation.

In the event of a timely objection to the amended terms and conditions, both parties shall be entitled to terminate the contract in whole or in part at the time the amendment takes effect.

Final provisions
Contracts between Zenhomes and the customer are subject to the laws of the Federal Republic of Germany excluding the UN Convention on Contracts for the International Sale of Goods. The legal regulations for the restriction of the choice of law and for the applicability of compelling regulations in particular of the state, in which the customer has his habitual residence as a consumer, remain unaffected.

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.

The contract remains binding in its remaining parts even if individual points are legally ineffective. The ineffective points shall be replaced, if any, by the statutory provisions or those which come closest to the purpose of the contract. As far as this would represent an unreasonable hardship for a contracting party, the contract as a whole becomes ineffective.