Wunderflats

Terms and Conditions

Provider:

Wunderflats GmbH
Alexanderstr. 5
10178 Berlin

Represented by Managing Directors:

Mr. Jan Hase
Mr. Arkadi Jampolski
E-Mail: [email protected]
Website: www.wunderflats.com
Telefon: +49 30 120 86 22 0

Responsible for editorial content in accordance with RStV:

Mr. Arkadi Jampolski

Value added tax identification number in accordance with 27 of the Value Added Tax Act:

DE300137841

Commercial Register entry:

District Court Charlottenburg, HRB 164572

I. General

§ 1 Services of Wunderflats

  1. Wunderflats runs an internet platform for providers (referred hereafter as lessors) and demanders (referred hereafter as tenants) of furnished flats. The user has the possibility to add own content to the platform according to No. 4
  2. Wunderflats provides sample contracts for temporary rentals. In accordance with §549 II No.1 BGB, this builds the basis of temporary contracts, and therefore temporary usage. This requires a special circumstance, such as job obligations, which would require the rental of a temporary flat. In this case, the tenant does not want to permanently settle, so initiates a temporary contract himself.
  3. If a lessor offers his flat on the online platform of Wunderflats for an uninterrupted period of a year, then Wunderflats offers the service of a professional photo shoot for the flat in selected cities.
  4. This service is free for the lessor, provided that nothing else has been agreed.
  5. As soon as a photo appointment has been made with a Wunderflats employee, the lessor is obliged to attend this appointment personally or if they are hindered due to circumstances, a third person, according to § 7.2 must be sent to the address at time of appointment.
  6. If an appointment must be cancelled for any reason, this must be done 24 hours prior to the appointment.
  7. If the appointment has not been cancelled in this time, then Wunderflats will charge the lessor 49 Euro including value added tax.
  8. In case of a non-show or a showing up later than 15 minutes, then the same rule applies, unless something else has been agreed via telephone with Wunderflats or the photographer.

§ 2 Wunderflats user fee

  1. As soon as the contract between lessor and tenant has been successfully processed, the user fee applies.
  2. If nothing else has been agreed, then the user fee is advertised for the lessor at 10% plus tax of the fixed monthly rental fee, according to § 6.9.
  3. The amount to be paid to Wunderflats arises from the fee of the monthly rent. The fee multiplied by the number of months rented via wunderflats results in the fee to be paid. The fee is due 14 days after the tenant moved in.
  4. The fee is to be paid as a lump sum payment. The landlord can apply to pay in instalments. Wunderflats reserved the right to decline this without giving reasons.
  5. If the tenant extends their rental period, a new contract is set up and the Wunderflats fee is calculated correspondingly to the new rental period.

§ 3 Liabilty for content

  1. As a service provider and in accordance with § 7.1 TMG, we are responsible for content according to general law. In accordance with § 8 -- 10 TMG, we are however not obliged to monitor submitted, saved or foreign information or search for circumstances, which might indicate any unlawful activities. The obligation of removal or blocking of information under general law shall remain unaffected.
  1. Our services include links to third party websites, where we have no influence on content and for which we assume no liability. These are the sole responsibility of the respective provider or operator of these websites. The websites were checked for illegal activity before linking them to our website, at which time no unlawful content was apparent. A permanent textual supervision of these websites is therefore unreasonable, unless there is concrete evidence of unlawful conduct. We will immediately remove such contents upon discovery of violation.
  1. The content which has been created by the website operator complies with German copyright law. The reproduction, editing and distribution and any other use outside the limitations of the copyright law require the written consent of the author or developer. These pages may only be downloaded and copied for private, but not commercial use. Insofar the contents on this page were not created by the operator, the copyrights of third parties must be observed. Contributions by thirds parties are identified as such. If you should become aware of a copyright violation we request that you notify us accordingly.

II. Advertising of rental properties through Wunderflats

§ 6 Posting a rental property

  1. The lessor, who offers a rental property through Wunderflats, assures explicitly that they are entitled to freely dispose of the rental property.
  2. The lessor is obliged to describe the property accurately on the online portal. To do this they must at least include the data that is requested on the portal. Pictures must show the true and actual condition of the property.
  3. If Wunderflats places the property online, the lessor is obliged to properly and truthfully provide the necessary information, possibly together with pictures.
  4. If pictures of the property that have been created by or on behalf of Wunderflats, and the condition or description of the property have changed, the lessor must immediately edit the pictures and make the changes recognisable.
  5. The lessor is obliged to keep data and pictures up to date and immediately update any changes when required, especially the time periods of availability.
  6. The lessor should, amongst necessary data and pictures, also provide the following documents:

    • House rules, if applicable
    • Energy license
    • Inventory list
  7. If the lessor offers various properties through the online portal of Wunderflats, data and documents shall be made available separately for each property.

  8. Every property is only allowed to be listed on Wunderflats once. Double or multiple creation of a property ad is prohibited.
  9. The lessor assures that the fixed monthly rent is inclusive of all utility bills as follows:
    • Operating costs
    • Electricity
    • Water
    • Heating
    • Internet
    • Broadcasting fees (GEZ) according to German regulations §9 Abs 1, RBStV.

§ 7 Obligations of service provider on location

  1. The provider must be contactable on location for the respective property, in particular for possible flat viewings, handovers and necessary repairs.
  2. If the lessor is not personally available, then a third party can be sent to deal with the responsibilities. If this is the case, then the name and contact details of the party must be provided. The lessor guarantees, that the nominated party has been well informed of the obligations as a representative and has agreed to his personal details being passed along.

§ 8 Energy certificate

  1. The lessor, according to §16a.2 EnEv, is obligated to submit an energy certificate to their contractual partner. If no such certificate exists, then the lessor must immediately get one issued and pass it on to Wunderflats. The lessor must carry all costs that directly result from a faulty or non-existent certificate.

§ 9 Broadcasting fees

  1. The lessor assures that a regular broadcast fee exists for the property. When prompted, the contribution number or proof of payment must be handed over.

§ 10 Confirmation of Residence

  1. The lessor assures that he can issue a confirmation of residence for the tenant.

§ 11 Liability for information on the advert

  1. The lessor is liable for all claims, which result from missing power of disposition of the rental property.
  2. The lessor is liable for all claims, which result from incomplete or incorrect date of the rental property.

§ 12 Liability for information on the advert created by Wunderflats

  1. Wunderflats will not create ads for the lessor.
  2. If, in any case, Wunderflats decides to create an ad for a lessor, Wunderflats will not take responsibility for the content of the listing. Applicable are the regulations according to §10.

III. Renting

§ 13 Placement process with booking request

  1. As soon as Wunderflats receives a rental request, the potential tenant is verified and the request is forwarded to the lessor, who then, within 24 hours, has to hand in the availabilities of the property. If the lessor agrees to the tenant renting the property, Wunderflats sends a confirmation with the availability to the tenant, who must then hand in a binding offer within 48 hours.
  2. The lessor is obligated to accept or decline this offer within the stated time frame. If Wunderflats does not receive a response within 48 hours and therefore can't close a renting contract with the tenant, then Wunderflats reserves the right to prohibit the user from further use of the online portal service, as well as taking further steps, which will decrease the number of rental requests for the respective property.
  3. During this time period, Wunderflats shall endeavour to conclude a rental contract with the lessor. In the event of a contract completion, Wunderflats shall explain acceptance of the concluding terms to the tenant.

§ 14 Marketing permission

  1. According to §6.1 of the housing agency law, Wunderflats has been given the order by the lessor to market all the listed properties on any of Wunderflats online portals that are regarded as adequate to their objectives, in particular social networks, property portals, advertising on search engines and advertising that is run over other advertising networks.

IV. Further Regulations

§ 15 Default of payment

  1. In the event of a default of payment, Wunderflats is allowed to add dunning expenses on top of the statutory interest rates for each written payment reminder at €5,00 and calculate these as compensatory damages. The tenant can prove that minor or no damage has occurred.

§ 16 Term and Termination, Suspension and other Measures of usage contract

  1. This usage contract is set for an unlimited time frame after registration.
  2. The user can cancel the contract any time without observing any notice period by sending an email. Already concluded contracts and outstanding payments concerning the fee, notably outstanding payments for extensions of rental contracts according to § 2.5, remain unaffected by this cancellation.
  3. Wunderflats reserves the right to properly terminate the usage contract any time within two weeks notice.
  4. Furthermore, Wunderflats has the right to extraordinarily terminate the usage contract without prior notice and/or stop providing access to the Wunderflats Platform if you have materially breached your obligations under these Terms, the Payments Terms, our Policies or Standards, you have violated applicable laws, regulations or third party rights, or Wunderflats believes in good faith that such action is reasonably necessary to protect the personal safety or property of Wunderflats, its Members, or third parties (i.e. in the case of fraudulent behavior of a Member).

§ 17 Right of modification

  1. Wunderflats reserves the right to modify the terms and conditions at any time, if a reasonable period of notice has been given. These can be made to correct an infriction of equivalence, or for necessary changes within the legal or technical framework.
  2. The announcement of such is published on the online portal of Wunderflats with reference to the date at which the new terms and conditions will come into force.
  3. This modification becomes a contractual component, if, within 3 weeks, the tenant does not object to this in written or text form.

§ 18 Valid law and jurisdiction

  1. The agreement of services is governed by German law.
  2. If the user is a merchant, a legal entity under public law or a special fund under public law or if the landlord's place of residence is located outside of Germany the place of jurisdiction is Berlin.

§ 19 Final clauses

  1. Should individual clauses of this agreement be or become invalid, this shall not affect the remaining provisions of this contract. Should a clause be or become invalid, statutory regulations shall apply.
  2. The terms and conditions do not have to accepted again when re-booking a property with the active instant booking function.

§ 20 Payment Service Provider

  1. By agreeing to the conditions of use of Wunderflats, you are agreeing to the conditions of use of Mangopay: https://wunderflats.com/public/files/mangopay-terms-of-service-en.pdf