Terms and Conditions
Represented by Managing Directors:
Mr. Jan Hase
Mr. Arkadi Jampolski
E-Mail: [email protected]
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
Commercial Register entry
District Court Charlottenburg, HRB 164572
§ 1 Services of Wunderflats
- 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
- 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.
- 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.
- This service is free for the lessor, provided that nothing else has been agreed.
- 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.
- If an appointment must be cancelled for any reason, this must be done 24 hours prior to the appointment.
- If the appointment has not been cancelled in this time, then Wunderflats will charge the lessor 50 Euro including value added tax.
- 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
- As soon as the contract between lessor and tenant has been successfully processed, the user fee applies.
- 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.
- 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.
- With rentals over 12 months, the tenant can apply to pay in instalments. Wunderflats reserved the right to decline this without giving reasons.
- 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
- 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.
§ 4 Liability for links
- 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.
§ 5 Copyright Law
- 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
- The lessor, who offers a rental property through Wunderflats, assures explicitly that they are entitled to freely dispose of the rental property.
- 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.
- If Wunderflats places the property online, the lessor is obliged to properly and truthfully provide the necessary information, possibly together with pictures.
- 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.
- 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.
- The lessor should, amongst necessary data and pictures, also provide the following documents:
- House rules, if applicable
- Energy license
- Inventory list
- If the lessor offers various properties through the online portal of Wunderflats, data and documents shall be made available separately for each property.
- Every property is only allowed to be listed on Wunderflats once. Double or multiple creation of a property ad is prohibited.
- The lessor assures that the fixed monthly rent is inclusive of all utility bills as follows:
- Operating costs
- Broadcasting fees (GEZ) according to German regulations
§ 7 Obligations of service provider on location
- The provider must be contactable on location for the respective property, in particular for possible flat viewings, handovers and necessary repairs.
- 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
- The lessor, according to §16a.2, 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
- 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 Liability for information on the advert
- The lessor is liable for all claims, which result from missing power of disposition of the rental property.
- The lessor is liable for all claims, which result from incomplete or incorrect date of the rental property.
§ 11 Liability for information on the advert created by Wunderflats
- Wunderflats will not create ads for the lessor.
- 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.
12a Placement process with booking request
- 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.
- 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, 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.
12b Instant booking process
- The lessor makes a rental offer for Wunderflats by activating the instant booking function. As long as this function is active, the offer to rent out their property through Wunderflats is valid. The terms and conditions are described in the advert, as well as in the separate general terms, which must be accepted when activating this function.
- As soon as a tenant has requested to book a property at Wunderflats by use of the instant booking function, Wunderflats accepts this request. The lessor automatically accepts the booking (as described in (1) . The terms under which it is let out are provided in the details of the advert and the rental contract, including the terms for Mangopay according to §31.1.
- In order to safeguard a smooth handover, the lessor obligates himself, that he or his representative contacts the future tenant within 12 hours after the booking has taken place to agree a handover date.
§ 12c Rental process with booking request
- As soon as Wunderflats receives a rental request, 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.
- 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.
§ 13 Right of withdrawal
- If §12a arises, the tenant is entitled to withdraw their tender until the acceptance of offer. Any claims for damages against the provider are excluded. After acceptance of offer, the legal or in the contract contract stated terms of termination- and withdrawal regulations apply.
- If §12a and §12b arise, the tenant is entitled to withdraw from the contract within 14 days, without giving reasons. In this event, the withdrawal is free of charge. Any claims for damages against the provider are excluded.
- If §12b and §12c arise, the tenant is entitled to terminate the agreement. The earliest possible date for the termination of the contract is one month after the expiry of the minimum stay stated on the advert. If the minimum stay has been exceeded, then the termination date extends to one month after the agreed moving out date. If the tenant uses this right, then Wunderflats are permitted to withdraw from the contract on the same date.
§ 14 Marketing permission
- 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. Renting with Instant Booking
§ 15 Conclusion of contract
- Rental offers on the Wunderflats platform, which have an active instant booking function, can directly be rented online.
- The ad including all the information contained is a binding offer to rent the property through Wunderflats. The rental contract is regarded as accepted, as soon as the tenant has successfully completed the payment process.
- In the event of conclusion of contract, the tenant accepts the following regulations as part of the rental contract.
§ 16 Condition of rental object, use of joint facilities
- The condition of the rental object, together with the inventory shall be noted in a handover report. Any claims for damages by the tenant (§536a.1 Alt 1. BGB) in respect of defects already in existence at the time of the conclusion of the contract, shall occur only if Wunderflats is not responsible for the existence or failure to fix or remove these damages. This exclusion shall not apply if damages arise out of injury to life, body or health.
- If property is a condominium, then rulings of the owners also apply to the tenant.
- The tenant is entitled to use the following joint facilities, if applicable:
- laundry room
- drying area
- drying room
- communal courtyard
- communal garden
- storage rooms for bicycles, prams, scooters/mopeds
- communal antenna
- broadband connection
- If housing rules form part of the contract and also with regards to the use of the above-named facilities, then these must be followed.
§ 17 Deposit
- The tenant pays a deposit at conclusion of the contract. The amount is determined from the information that is contained on the property ad. The deposit is managed by the payment provider used by Wunderflats. Unless there are damage claims, the deposit will be disbursed to the tenant according to the regulations in the rental contract.
§ 18 Handover of rental object
- The handover is carried out by a representative of Wunderflats. A handover report is conducted, which comprises both the condition of flat and inventory. Any damages must be noted.
- The tenant acknowledges the condition of the rental object, with the exception of possible defects that have been noted on the handover report and accepts the contract as conform.
§ 19 User of rental object, registration card
- The tenant must contractually state all names of people who plan to use the property.
- The tenant must immediately inform Wunderflats of any changes that occur during the rental period, in particular upon reception of persons in the household or changes in names.
- A confirmation can be issued according to §19 Federal Registration Act, upon request.
§ 20 Set-off reserve
- The tenant may only set off demands for the rent with counterdemand if they have informed Wunderflats in writing at least one month before the rent is due, unless the tenant’s claim is undisputed or established to be legally binding.
§ 21 Use of rental object
- The tenant is only allowed to use the rental object for purposes stated in the contract. The tenant is obligated to treat the property and joint facilities with care. They must ensure proper cleaning and sufficient ventilation and heating of the rental object. If there is a communal heater, then the tenant does not have the right to uninterrupted heating supply, if the outside temperatures do not require such.
- In line with the terms of Wunderflats, the tenant must seek prior permission if they:
- want to entrust a third party with the rental object or part hereof, whether monetary or not. This is not the case if someone is visiting (free of charge) for an appropriate period.
- want to use the object for purposes other than living.
- want to hang up signs (except for name plates at appropriate space) or objects in communal rooms, in the house or on the property.
- want to keep an animal
- smaller animals can be kept in the household without prior approval of Wunderflats, insofar as the number of animals is maintained within normal limits and if the animals are kept under good conditions and do not negatively affect the other tenants and neighbours.
- want to carry out any restructuring, expansion or upgrading of the property.
- Wunderflats can revoke a consent, or prohibit animal keeping that was not permitted according to 2. No.4 or can demand the removal of an antenna, if the conditions have not been met, neighbours have been disturbed or if the rental property and ground have been affected.
- The tenant shall be liable without regard to the cause of the defect and irrespective of fault for all damages that occur while living in the property, regardless of whether Wunderflats had given permission for the above mentioned.
- Wunderflats can charge a fee if the tenant has agreed to subletting of the rental property. In this case, the tenant has to transfer all information and data of rental receivables agreed with the subtenant to Wunderflats.
§ 22 Entering of rental object Wunderflats
- Wunderflats and/or a representative can inspect the condition of the property in appropriate intervals or in the event of an important reason, after giving the tenant a reasonable period of notice. This usually occurs in the event of a sale or re-letting and take place between 11-7pm in the week.
§ 23 Multiple tenants
- Statements or declarations, which may affect each tenant must be handed in by all tenants of the rental property. They authorise each other (with the provision of a possible written revocation) to submit and accept these declarations until further notice. This authorisation shall also be valid for the receipt of contract terminations or recession agreements. The revocation of authorisation for such declarations only comes into place after it has already been handed in.
- Every tenant must give reasons about a person or their behaviour, of this affects the rental property or causes any damages.
§ 24 Exclusion of Liability
- The liability caused by injury of life, body or health caused by breach of duty on the part of Wunderflats or a representative is based upon statutory regulations. In addition, the following shall apply:
- Wunderflats is not liable for damage claims that occurred after contract conclusion. Guarantee liability of Wunderflats for existing damages according to §536.1 Alt 1 BGB is excluded.
- Damages which occur after the contract conclusion, as well as a delay in correcting faults or defects caused by Wunderflats, is limited to intent and gross negligence. This does not apply in case of a lack of warranted characteristics of the rental object.
- Wunderflats is not liable for damages caused on items brought in by the tenant, unless the damage occurred by gross negligence on the part of Wunderflats. Wunderflats is also not liable for loss of items that occurred because of burglary or other offences.
- Furthermore, this shall also not affect the liability of the breaching of duties, the fulfilment of which makes the proper performance of the contract possible and on the adherence to which the tenant may generally rely.
§ 25 Transaction of Tenancy with instant booking
- The transaction of tenancy takes place on the online platform of Wunderflats.
- Contacting of tenant also takes place on the online platform of Wunderflats or via e-mail. This applies especially to the following:
- arrangements of appointments for handover of property
- information of changed according to §20.2 of AGB
- the requirements of a certification according to §19 Federal Registration Act
- a possible defect/damage report
- inquiries about contract period
- inquiries about contract content
- inquiries about granted permissions
- In the event of making contact via other means, the proper processing of the inquiry cannot be guaranteed. The tenant cannot assert their rights, if the inquiry did not take place using the intended portal.
§ 26 Right of revocation
- For tenants, who are private persons the right of revocation of distance contracts applies. These tenants can revoke their contract without giving reasons up to 14 days after contract conclusion.
- For tenants, who are not natural persons, e.g. companies, revocation of the contract is excluded and the agreed cancellation terms apply.
§ 27 Termination
- The tenant is entitled to terminate the agreement. The earliest possible date for the termination of the contract is one month after the expiry of the minimum stay stated on the advert. If the minimum stay has been exceeded, then the termination date extends to one month after the agreed moving out date.
- The right of extraordinary termination remains unaffected.
V. Further Regulations
§ 28 Default of payment
- 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 €10,00 and calculate these as compensatory damages. The tenant can prove that minor or no damage has occurred.
§ 29 Right of modification
- 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.
- 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.
- This modification becomes a contractual component, if, within 3 weeks, the tenant does not object to this in written or text form.
§ 30 Final clauses
- 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.
- The terms and conditions do not have to accepted again when re-booking a property with the active instant booking function.
§ 31 Payment Service Provider
- By agreeing to the conditions of use of Wunderflats, you are agreeing to the conditions of use of Mangopay.