Mr. Lodge GmbH · Barer Str. 32 · 80333 München · 089 340 823-0 · info@mrlodge.de

General terms and conditions for landlords,

as of December 1st 2017;

and consumer information according to § 36 of the Consumer Dispute Resolution Act (VSBG)


1. Commissioning of Mr.Lodge and scope of services

1.1. The landlord shall commission Mr.Lodge GmbH (referred to as Mr.Lodge in the following) with the task of renting out one or more furnished apartments. In the event that Mr.Lodge introduces a tenant who enters into an agreement to rent the landlord´s property, the landlord shall pay a commission fee to Mr.Lodge.

1.2. For this agreement to be valid, Mr.Lodge must confirm in writing that it has been commissioned by the landlord.

1.3. After prior approval with the landlord, Mr.Lodge shall publish an online portfolio including photos of the property taken by Mr.Lodge, on www.mrlodge.de and other appropriate real estate websites. This online portfolio will serve as a binding basis for marketing and renting the apartment.

1.4. Prior to publishing the online portfolio, the landlord will supply Mr.Lodge with a copy of the „Energieausweis“ relating to the apartment-building (either Bedarfsausweis or Verbrauchsausweis). Buildings under monument protection are exempt.

1.5. Mr.Lodge shall preselect potential tenants and establish contact between the potential tenant and the landlord. If finding or introducing this contact results in a rental contract being concluded, the landlord shall be liable to pay a commission fee.

1.6. On request and depending on the individually agreed scope of services, Mr.Lodge shall also conduct viewings, tenant background checks (voluntary disclosure of personal data, Schufa credit check) and provide a rental contract (in German and English). This service is free of charge.

1.7. On request and depending on the individually agreed scope of services, Mr.Lodge can also oversee the handing over and return of apartments. This service is subject to charge.

2. Commission fee

2.1. If a tenant provided by Mr.Lodge agrees to rent an apartment, the landlord shall pay a commission fee to Mr.Lodge. This corresponds to 1.84 times the monthly rent, including 19% VAT. This commission fee is calculated based on the total monthly rent including utilities and special charges (e.g. underground parking and Internet).

2.2. The commission fee is calculated on a daily pro rata basis using the commission fee table below and the total term of the lease. If the tenant initially signs the lease for a period of less than ten months but then decides to renew beyond the initial lease term, Mr.Lodge will invoice the landlord for the corresponding part of the commission fee that has not yet been paid. However, the landlord shall not pay in total more than 1.84 times the monthly rent incl. 19% VAT for each successful tenant find. The fees listed in this commission fee table should therefore be seen as partial payments of the overall agreed commission fee:

Term of leasepercentage of the monthly rentplus 19% VATTotal amount
up to three months54,63 % + VAT =65 % of one months rent
up to four months68,91 % + VAT =82 % of one months rent
up to five months83,20 % +VAT =99 % of one months rent
up to six months97,48 % + VAT =116 % of one months rent
up to seven months111,77 % + VAT =133 % of one months rent
up to eight months126,06 % + VAT =150 % of one months rent
up to nine months140,34 % + VAT =167 % of one months rent
up to ten months and longer154,63 % + VAT =184 % of one months rent

2.3. If the rent used to calculate the commission fee does not include utilities, the landlord shall pay Mr.Lodge a commission fee of 200% of one month's rent plus 19% VAT (in other words 2.38 times the monthly rent incl. 19% VAT). In this case, the commission fee will not be subject to a commission fee table.

2.4. The commission fee shall become payable once a rental agreement has been concluded, either orally or in writing, and shall be paid upon receipt of the invoice.

3. Refunding excess commission fee

In the event that the tenant terminates the contract prematurely, Mr.Lodge will refund the commission fee for the period of the lease that the landlord has already paid but for which they will now not be receiving rent. This does not apply to a termination of the lease within the minimum rental period.

4. Landlord's obligation to disclose information

4.1. The landlord is obliged to promptly inform Mr.Lodge of any oral or written rental agreement concluded with a tenant provided by Mr.Lodge. This information must be passed on immediately, and no later than 24 hours following the conclusion of the contract. Mr.Lodge is entitled to view rental contracts that have been concluded.

4.2. The landlord is obliged to immediately inform Mr.Lodge if the tenant intends to renew the lease beyond the original term.

5. Authorisation to rent

If the landlord is not the owner of the apartment, they are obliged to provide Mr.Lodge with evidence expressly stating that they are entitled to sublet the apartment. The landlord is liable vis-à-vis Mr.Lodge and the tenant provided by Mr.Lodge for all costs that may arise to them through unauthorised subletting.

6. Marketing through Mr.Lodge

6.1. The landlord shall inform Mr.Lodge immediately if they offer the apartment privately, through another estate agent or via any other means after the exposé has been published on www.mrlodge.de.

6.2. In particular, the landlord undertakes not to create links to the online portfolio published by Mr.Lodge in other media sources or websites. 

6.3. If the landlord violates stipulations 6.1 or 6.2, Mr.Lodge is entitled to demand appropriate compensation for the lost commission fee.

7. Duration and termination of services

7.1. The landlord shall commission Mr.Lodge for an unlimited period of time to successively find and introduce tenants for the apartment. This agreement is on-going, and renting the apartment to a tenant found by Mr.Lodge will not terminate the agreement with Mr.Lodge. 

7.2. The landlord may terminate the agreement at any time without giving notice of termination; however, if Mr.Lodge has already completed the photoshoot, the landlord may not terminate the agreement for a period of 4 weeks after the photoshoot.

7.3. Mr.Lodge is entitled to terminate the agreement with the landlord at any time without notice.

7.4. Termination must be made in text form (e-mail is sufficient).

7.5. If Mr.Lodge finds a potential tenant prior to termination, and this introduction leads to a signed rental agreement, then a commission fee is still payable by the landlord to Mr.Lodge, even if the rental agreement is concluded after the termination period.

8. Rights to photographic, video and floor plan material

Mr.Lodge owns the exclusive right to use all photographic, video and floor plan material created by Mr.Lodge. Mr.Lodge is entitled to publish this material online and to also use it for its own advertising purposes.

9. Client protection

9.1. Mr.Lodge works with its landlords on a basis of mutual trust. The landlord therefore agrees not to use the contacts selected and introduced by Mr.Lodge for their own rental purposes and without the knowledge of Mr.Lodge and not to forward them to other landlords. In the event of culpable non-compliance, the landlord shall be liable to pay Mr.Lodge the commission fee that it has lost as a result of the unauthorised use or dissemination of the data.

9.2. In case the legal tenant found by Mr.Lodge is not the user of the apartment (e.g. when a company is renting for an employee) and the property user/employee becomes legal tenant of the property, the landlord is still obliged to pay a commission fee (partial and/or remaining commission fee) if the entire commission fee was not paid for the original tenant find service. 

9.3. If Mr.Lodge has already established contact between a potential tenant and the landlord, or if the apartment has been rented to a tenant found by Mr.Lodge, the landlord shall promptly inform Mr.Lodge of any queries submitted by this tenant or potential tenant related to renting further furnished properties (e.g. for other employees or new lease terms). This also applies in case the tenant or potential tenant introduces other potential tenants to the landlord (e.g. colleagues). An obligation to pay a commission fee exists if these queries relate to apartments that Mr.Lodge has already selected for the tenant or the original potential tenant or relate to apartments that are already being advertised by Mr.Lodge. An obligation to pay commission also exists if the rented object is not listed with Mr.Lodge but its size, condition and price correspond substantially to the apartment selected or advertised by Mr.Lodge.

10. Data protection

10.1. Personal data about the landlord (name, contact details, information about the apartment) shall be treated as confidential by Mr.Lodge and shall only be passed on to potential tenants (and/or their representative or agent) who are looking for an apartment through Mr.Lodge.

10.2. The landlord agrees to treat information about potential tenants (name, contact details, information on employer, etc.) that they receive from Mr.Lodge as confidential and shall not pass this information on to third parties unless required to do so by law. The landlord's data protection obligations shall remain in place should the agreement with Mr.Lodge be terminated.

11. Obligation to disclose information on construction work

If the landlord is aware of significant building work currently taking place or scheduled to take place in their rental object, in the house in which their apartment is located or in neighbouring houses, they shall inform Mr.Lodge of this at the time of commissioning. If the landlord becomes aware of current or planned construction work after commissioning, they shall inform Mr.Lodge of this immediately.

12. Limitation of liability

12.1. Mr.Lodge shall not be held liable if a tenant cannot be found.

12.2. Mr.Lodge does not guarantee the continuous availability of its website www.mrlodge.de. Nor is it liable for the availability, content or correctness of websites that www.mrlodge.de links to. 

12.3. The conditions set down in the rental contract apply exclusively to the landlord and the tenant.  Mr.Lodge is not party to the rental contract and is not liable vis-à-vis the contractual parties for claims arising from the rental contract. Mr.Lodge is not liable for any damage to the rental object that may arise from it being rented out or from a breach of contract on the part of the tenant.

12.4. Mr.Lodge assumes no liability for the creditworthiness of the potential tenant nor for any false statements made by the potential tenant. Mr.Lodge assumes no liability for rental contracts not being concluded.

13. Information on right of revocation

If the landlord is regarded as consumer (“Verbraucher”) according to German consumer protection law (deutsches Verbraucherschutzrecht), they have a right of revocation concerning their commissioning of Mr.Lodge.


Right of revocation

You have the right to revoke this contract within 14 days without giving any reason.  The period of revocation is 14 days from the time of the conclusion of the contract. In order to exercise your revocation right, you have to inform us, Mr.Lodge GmbH, Barer Str. 32, 80333 München, Deutschland, Tel. +49 (89) 34 08 23-21, Fax +49 (89) 34 08 23-23, E-Mail info@mrlodge.de of your decision to revoke this contract, by means of a clear declaration (by post, by fax or by email). For your revocation, you can, but are not required to, use the standard revocation form as shown below. It is sufficient for the compliance to the period of revocation, if you send the revocation before the end of the period of revocation.
 
Consequences of Revocation
 
In case of a revocation, we have to return all payments that we received from you, including delivery costs (excluding additional costs that may arise if you selected another type of delivery other than our cheapest standard delivery option), promptly and at the latest within 14 days of the day that we were notified of your revocation of this contract. We will use the same payment method used by you in the original transaction, for the refund, unless expressly agreed otherwise with you; in no event will you be charged a fee for this refund.

If you have requested that our services should start during the period of revocation you have to pay us an appropriate amount that corresponds with the service already provided, the proportion of which is up until the time that you have informed us of your right of revocation with regard to this contract, in comparison to the total amount provided for in the contract.

14. Changes to the terms and conditions

Mr.Lodge is entitled to make changes to its terms and conditions at its sole discretion and without giving prior notice. Any changes will be announced on its website. The landlord will also receive notification by email. If the landlord continues to use the services of Mr.Lodge or fails to contest the changes within two weeks, the landlord will be deemed to have accepted the changes.

15. Severability clause

If one of the aforementioned stipulations - in part or in its entirety - is deemed to be invalid or set to become invalid, this invalidity does not affect the rest of this particular stipulation or the remaining stipulations. The landlord and Mr.Lodge are obliged to replace the invalid stipulation with a provision that most closely reflects the parties' original intention and that does not run contrary to the rental services that have been agreed upon.

16. Valid law and jurisdiction

16.1 The agreement of services between the landlord and Mr.Lodge is governed by German law.

16.2 The place of jurisdiction is Munich, provided the landlord is a business person, 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.


Attachment: standard revocation form (cf. sec. 13)

Standard Revocation Form

(If you want to exercise your right of revocation, please fill in this form and send it back to us.)

To
Mr.Lodge GmbH
Barer Str. 32
80333 München
Deutschland

Fax: +49 (89) 340 823-23
E-mail: info@mrlodge.de

I/We (*) hereby revoke the contract concluded for provision of the following services: 

Ordered on (*)/received on (*): 

Name of the consumer(s): 

Address of the consumer(s):

Signature of the consumer(s) (only by notification on paper):


Date: 

______________
(*) Cross off what is not applicable


Consumer information according to § 36 of the Consumer Dispute Resolution Act (VSBG)

We do not participate in dispute resolution proceedings before a consumer conciliation committee.