| General terms of trade 1. Generally The following general conditions must be understood as integrated components of all contractual agreements. By signing the confirmation of order the contracting parties admit these as binding. Exceptions and departures must be confirmed in writing. 2. Contractual item CSS takes action in the name and on account of the contracting parties. By handing out the offer or the reservation form to the contracting parties CSS suggests a tenancy agreement for the object and the period concerned. The contract is considered as closed as soon as the contracting parties confirm the offer or the reservation form in writing. The confirmation must be addressed to CSS exclusively. This can be done by letter, fax or email. If one of the contracting parties wants to make modifications to the contract later he has to declare this in writing up to the 3rd working day before the changes occur. CSS will try to take those changes into consideration. 3. Fulfilled negotiation If tenant and landlord agree on a direct letting - for example in the course of an inspection date arranged by CSS - or if the tenant moves in without previous written confirmation of order the contract is considered as closed as well. In this case the required negotiation is fulfilled and the payment of the commission becomes due automatically. The landlord commits himself to refrain from contacting the respective tenant for the purpose of a direct letting. In case of the offence against this condition CSS reserves the right to go to law and claim for damage. 4. Terms of payment for tenants Payments have to be made according to the conditions specified in the confirmation of order. If CSS doesn’t receive the payment by the date fixed in the invoice, the tenant comes into delay automatically and is liable for the following damage caused by default. In this case the landlord has the right to quit the tenancy agreement without notice. The commission payment to CSS remains unaffected by this. Fees for international credit transfers go to the debit of the tenant and must be added to the invoice total. 5. Payments to landlords Invoices must be addressed to CSS in original. If the landlord acts as a commercial trader the correct VAT-amount must be shown in the invoice. Payments can in principle only be made after inspection of the object by the tenant or CSS. Pre-payments are possible only in individual cases according to previous written agreements. 6. Cancellation / contract resignation The cancellation of a reservation must be explained in writing directly to CSS up to the 3rd working day before the rented rooms are occupied by the tenant. In case of cancellation by the tenant CSS demands a handling charge of 85 € plus 19 % VAT. The tenant is permitted to prove that damage or even depreciation wasn’t caused at all or was much lower than the handling charge requested by CSS. Beyond that the tenant has to refund cancellation fees of the landlord and any pre-payments to the landlord already made by CSS in full height. Pre-payments already made by the tenant will be charged to his account. If the landlord declares the cancellation too late he is liable to pay damage for extra costs of the tenant and/or CSS that may result from it. 7. Material defects / complaint Material defects in the rented rooms or at the furniture do not entitle the tenant to cancel the order or to quit the tenancy extraordinarily. At first the tenant has to inform CSS in writing about the found defects. If the complained defects are of serious importance, CSS will request the landlord to eliminate these within an appropriate period. The tenant can quit the tenancy only if the landlord doesn’t become active within the set period or refuses to eliminate the defects. 8. Contract running time The tenancy exists for the period specified in the confirmation of order and ends automatically with its expiration. If one of the contracting parties wants to quit prematurely he must declare this in writing to CSS. He is liable to pay for the damage resulting from it. If the tenant quits by leaving prematurely, this does not relieve him from the obligation to pay the rent agreed upon. 9. Limitation of liability CSS is not liable for damage of any kind, which might happen to the tenant because of actions or omissions of the landlord as well as in the reverse case. Any demands against each other must be made directly to the tenant or to the landlord respectively. Excluded of this is damage from the injury of the life, the body, the health or other, which is based on a deliberate or negligent dereliction of duty by CSS or one of their legal representatives. 10. Data protection Personal data of business partners will be saved and used only in the course of business and will not be passed to other companies or persons. 11. Final clauses Place of fulfilment and legal domicile is Wolfsburg. It is agreed upon that German right is used. |