General Terms and Conditions for the Use of the Services Offered on suite030.tld
Please read these terms carefully as they contain important information about your contractual rights and obligations.
Renting or letting an apartment through Suite.030 should be a pleasurable and safe experience for all involved. To make this possible, we have formulated the following principles for everyone's benefit:First and foremost is hospitality
Suite.030 and the lessors see it as their obligation to make their lessees' stay as pleasant and smooth as possible. For lessors, this means providing a comfortable space free of defects, the immediate remedy of any defects that may occur, timely notice about possible impairments to the quality of their lessees' stay, as well as the unconditional avoidance of disruptions to their lessees' stay. This also includes possible additional furnishings that are within the usual and reasonable range (e.g. kitchen or bathroom equipment, international TV channels, etc.).
Suite.030 is responsible for providing overall customer service to the lessees and taking care of their interests around the clock. In addition, Suite.030 offers a wide range of services designed to make lessees' stays as pleasant as possible.Safety
We recommend that all lessees take out liability insurance to cover their stay in the accommodation. This way, in case something should happen, you will be well protected. However, you should pay attention to whether borrowed or rented accommodation is actually covered by your insurance, as this is unfortunately not automatically the case with many liability insurance policies.Legal status
The legal situation regarding the offering of living space in Berlin and other cities has changed repeatedly in recent years, including laws designed to prevent the misuse of designated residential quarters and new rules for estate agent commissions. It is the lessors' responsibility to ensure that the accommodation they are offering is in compliance with current legislation and to inform us if we need to take certain things into account with the offer to let. Suite.030 has previously adapted its business model to changing legislation and will continue to do so as necessary. Suite.030 will provide information about any changes that affect our partnership with lessors.
We look forward to working with you!
Table of contents
The table of contents is just that. It does not limit the scope of nor does it replace the reading of the entire terms and conditions.
1.2 Any user terms and conditions which conflict with these terms and conditions are not accepted by Suite.030, unless we have otherwise given our written consent. These terms and conditions also apply even if Suite.030, aware that users have terms and conditions that conflict with or deviate from these terms and conditions, nevertheless provides its services to the users without expressly repressing said terms and conditions.
1.3 Suite.030 does offer users certain additional services under separate terms which refer to these general terms and conditions.
1.4 Suite.030 reserves the right to change these terms at any time. If Suite.030 makes changes to these terms, the amended terms will be posted on the website and the date of the last update indicated at the beginning of said terms. Users will be notified of said changes with the option to object to the change within a reasonable period of time. If they do not object to said changes, the changes will be deemed to have been accepted. We will provide notice of this right to object as well as the deadline and the consequences of the same.
2. General services of Suite.030 (platform features)
2.1 Suite.030 provides users with an online platform for arranging the rental and leasing of accommodation. On this platform, Suite.030 offers people interested in using flats, rooms, or other forms of accommodation (hereinafter referred to as "accommodation"), the chance to use them against payment of a certain price ("accommodation fee"). Suite.030 also organises the rental of the lessor's accommodation.
2.2 A lessee can search for suitable accommodation on this online platform and make a booking enquiry, i.e. reserve the accommodation or book the accommodation directly, via the online platform or by telephone. A booking is always binding.
2.4 Suite.030 offers additional services for lessors and lessees on its own account in accordance with its continuously updated price list. Said services are optional and are booked and invoiced separately to the respective client.
2.5 The services of Suite.030 are offered to users subject to availability. Suite.030 makes every effort to ensure that the information on the website is always accessible. The usage of the platform may be restricted or temporarily disrupted due to maintenance work, further development, or service interruptions. Suite.030 will, to the extent possible, endeavour to provide users with timely notice of such disruptions.
2.6 Contracts made via Suite.030 are subject to regulations concerning the distance selling of goods and services. In this respect, Suite.030 would like to point out that users may not raise a legal objection as defined in §312 para. 2 clause 1 no. 9 of the German Civil Code (BGB).
2.7 If, contrary to expectations, problems arise from the renting or leasing of an accommodation, Suite.030 will arrange for a mediator at the user's request. As part of this mediation, a lawyer appointed by Suite.030 will review the case on the basis of the information provided by both parties and propose a solution that takes into account the interests of both parties. The results of the mediation are not binding, but should help to clarify disputes and offer both sides an appropriate solution before litigation is filed. This mediator can be reached at suite030(at)zimmermannkaliner.de zu erreichen.
3. Services and payments between Suite.030 and lessors
3.1 Via the Suite.030 website, lessors may offer flats, rooms, or other forms of accommodation (hereinafter referred to as: accommodation). Therefore, lessors will grant Suite.030 a brokerage and tenancy mandate.
3.2 The lessor grants Suite.030 a direct booking option, i.e. Suite.030 may rent out the accommodation without further consultation with the lessor concerning its availability. The brokerage and tenancy mandate shall be in writing either as (i) an exclusive marketing agreement with direct booking option for Suite.030 for a period of at least one year with subsequent option for ordinary termination or as (ii) a co-marketing agreement for an indefinite period with a right to ordinary termination. With the co-marketing agreement, the lessor is asked to confirm the availability of the accommodation after it is provisionally booked by the lessee.
3.3 In order to obtain all of the information necessary for successful marketing, the lessor shall complete the form attached to the brokerage and letting mandate. After personal contact and assessment of the accommodation by Suite.030 and the lessor signs the mandate, the accommodation will be offered on the Suite.030 website.
3.4 The accommodation profile created after receipt of the brokerage mandate from the lessor and which will later be posted on the website consists of a description, pictures, price(s), and availability calendar. If preparatory work is done in order to post the accommodation profile on the Suite.030 portal (photographer's appointments, apartment visits, consultation appointments), the lessor shall pay Suite.030 the listed acceptance fee specified in the brokerage mandate if the mandate is cancelled within 6 months without a single booking within this period or if the lessor's own long-term use of the premises makes it nearly impossible for Suite.030 to let the accommodation. In this case, offsets will not be accepted.
3.5 If the lessor has granted Suite.030 the direct booking option, the provision of the accommodation constitutes a legally binding offer by the lessor to let the accommodation, which, for the duration of the exclusive marketing agreement, is equivalent to granting an exclusive right of use to Suite.030. Lessors are generally not permitted to cancel accommodation already booked by a lessee unless they provide an equivalent or higher quality substitute accommodation. Otherwise, the lessor is obliged to pay Suite.030 its rental commission and, if the rental is cancelled within four weeks before the original start date of the rental, all other costs incurred by Suite.030 as a result of said cancellation.
3.6 If the Lessor has a co-marketing agreement with Suite.030, Suite. 030 will only forward the tenant's offer to book the accommodation to the lessor if the lessor has not granted Suite.030 a direct booking option. Reservations will then be cancelled by Suite.030 if the lessor fails to respond to the request within 12 hours, another lessor accepts the tenant's booking request, or Suite.030 lets another lessor's accommodation to the lessee. In this respect, the reservation is binding for the lessee for only 24 hours and only until the lessor of one of the requested accommodation accepts. If the lessors repeatedly fails (twice) to respond to a booking request sent by Suite.030 and Suite.030is unable to offer the lessee any other accommodation or the lessee only wanted to let this accommodation, Suite.030 may charge the lessor a lost commission fee equal to 25% of the lessor's net earnings for that rental for one month as defined in §5.1.
3.7 Insofar as the lessor has granted Suite.030 a direct booking option, Suite.030 and the lessor enter into a lease for the accommodation at the same time as the sublease is concluded between Suite.030 and the lessee. In this case, the lessor will receive a booking notification by email within 24 hours after the lessee's binding booking. In the case of direct bookings, the lessor recognises their immediate binding nature and the direct conclusion of the contract resulting therefrom.
3.8 Suite.030 transmits lessee reservations via the online platform to lessors only if Suite.030 cannot check and confirm the availability itself and conclude the contract with the tenants immediately (the so-called "direct booking option", see §3.2 above).
3.9 Subject to §3.4 above, if the lessor has expressly decided against the direct booking option, a contract for the use of the accommodation between Suite.030 and the lessor will only be concluded upon acceptance of the booking request by the lessor. Suite.030 will in this case send an email (confirmation email) to the lessee once again listing the information provided by the parties such as type of accommodation, period of use, and prices. In this case, the confirmation email confirms the contract between the lessee and Suite.030.
3.10 Only in the event that the lessor performs the handover of the apartment (address, key, handover, and provides further information, hereinafter referred to as "check-in/check-out service"), will the lessor's contact details be shared with the lessee and vice versa. However, even in this case, the landlord has no right to demand further information about the lessee, such as credit rating or pay stubs, or otherwise refuse the lessee for personal reasons.
4. Other lessor obligations
4.1 The lessor agrees to provide adequate insurance cover for the accommodation, including in particular taking out household and building insurance, proof of which the lessor must provide upon request.
4.2 Lessors agrees to provide true and correct information regarding their contact data, including the data for payment processing. They agree to describe the accommodation correctly and completely in words and, if necessary, in pictures, in order to give the tenant an accurate impression of the accommodation and to enable them to assess what is being offered. The offer includes all characteristics of the accommodation which are essential for the lessee's decision to rent, including in particular any defects or other disadvantages of the accommodation which affect its value in anything more than insignificant ways. Any changes to the condition must be reported immediately.
4.3 Lessors agree to indicate in the accommodation profile if any spaces and/or objects within the accommodation are not covered by a right of use and/or any other rules of conduct that are to be part of the contract. Should house rules apply to the accommodation, this must be posted in the apartment and also provided to Suite.030 when issuing the brokerage mandate.
4.4 In order to be able to assess the accommodation, the lessor agrees to provide Suite.030 at regular intervals, in particular in the event of prolonged use by third parties, the opportunity to take photographs of the accommodation and to examine the accommodation itself for the purpose of verifying the accommodation profile.
4.5 Lessors must also check the accommodation for defects in terms of its fitting and whether it continues to conform with the information indicated in the profile. Lessors grant Suite.030 the right to verify this information and the quality of the accommodation by means of such appropriate measures as "test runs".
4.6 Lessors grant Suite.030 the right to undertake actions at their expense such as may be required to maintain the standards and classifications of the accommodation established during its most recent appraisal for the duration of the rental period. Suite.030 will submit a cost estimate to the lessor before such measures are taken.
4.7 The rental agreement between lessors and Suite.030 is subject to the resolutory conditions that the rental agreement between Suite.030 and the lessee may be rescinded, cancelled, or expires.
4.8 The lessor shall ensure that the accommodation offered is free of defects during the rental period. Should defects in the rental object occur during the rental period, the lessor shall be liable to provide remedy after receiving notice of the same from Suite.030. The freedom from defects also applies to the fittings in the accommodation, in particular the building systems and sanitary facilities (in particular, the heating, electricity, kitchen, bathroom, WiFi, and entertainment systems). Due to the frequent short-term rentals in the high-price segment, Suite.030 reserves the right to have the defects remedied at the lessor's expense if lessors fails to comply with their obligation to remedy the defects immediately (within 24 hours) or fails to respond to notices of the same (within 12 hours). This right includes in particular the right to identify defects itself and to hire service providers to remedy the same immediately. 80% of any justified reduction in the rent claimed by the lessee against Suite.030 due to such defects will be charged to the lessor. If the lessor is solely responsible for the defect, the rent reduction will be borne solely by the lessor.
4.9 The lessor hereby commissions Suite.030, under exemption of the restrictions of §181 BGB, to handle the return of the accommodation and record any defects at the end of each rental. Once the accommodation has been returned by the lessee to Suite.030, the apartment shall also be deemed to have been returned to the lessor free of defects, unless Suite 030 has discovered a defect after the lessee has returned possession.
4.10 Any deposits collected from Suite.030 or directly from the lessee must be refunded to Suite.030 by no later than one month after return of the accommodation. The lessor has this same period to assert and establish any claims against Suite.030 arising from the rental agreement.
5. Booking process between lessor and suite.030 (fees, payment modalities, collection, payment flow)
5.1When the lessor accepts a binding booking request or the accommodation is directly booked as described above and a rental agreement between Suite.030 and the lessee has been signed, a contract obligating the lessor to provide accommodation for a specified period and Suite.030 to pay the agreed rent ("lessor's earnings") to the lessor. Suite.030's obligation is subject to the provision that lessee's accommodation fee is paid to Suite.030.
5.2 If the lessee books further services Suite.030 services, Suite.030 will charge these separately to the lessee as service fees. The lessor is not entitled to any share in the income from such additional services provided to a lessee.
5.3 The lessor and Suite.030 agree that Suite.030 may collect the accommodation fee in its own name and on its own account from the lessee.
5.4 The lessor and Suite.030 agree that the lessor's earnings are to be disbursed together with a monthly statement at the end of each month.
5.5 Suite.030 will provide the lessor a booking receipt for the rental of the accommodation for each booking. The lessor will also receive a monthly credit note for the agreed earnings. The payable earnings are gross amounts. Suite.030 will transfer the VAT included in the gross amounts under the condition that the lessor provides Suite.030 with an invoice for said earnings which meets the requirements of §§14, 14a of the German Value-Added Tax Act (UStG) and entitles him to deduct VAT tax. Lessors must also provide their VAT ID and Opt-in declaration for VAT in accordance with §9 UStG. The VAT will only be paid after submission of the necessary documents or information.
6. Services and payments between the lessee and Suite. 030
6.2 Only when booking accommodation by telephone will Suite.030 send a booking confirmation to the lessee, once again listing the information provided by the parties such as type of accommodation, period of use, and prices. In this case, the confirmation email confirms the contract between the lessee and Suite.030. Only in the event that the lessor performs the handover of the apartment (address, key, handover, and provides further information, hereinafter referred to as "check-in/check-out service"), will the lessee's contact details be shared with the lessor and vice versa.
6.3 The lessee has to pay the accommodation fee for the duration of the contract. The accommodation fee is the price the lessee pays to Suite.030 to use the accommodation. The accommodation fee includes all costs excluding additional services.
6.4 The accommodation fee shall be collected via an electronic payment system unless otherwise agreed. For short-term rentals (up to one month), Suite.030 will charge 50% of the accommodation fee once the lessee makes a binding booking, with the balance due ten days before the start of the rental period. For long term rentals (2 months and longer), 50% of the first month's accommodation fee is due once the booking has been accepted and is binding; the remainder is due together with the deposit 10 days before arrival. The following months' accommodation fees are payable until one week before the start of that month.
6.5 Suite.030 collects all charges payable by lessees via an electronic payment system. Lessees may make individual transfers according to the payment terms described in the booking confirmation. Cash payments must almost meet these same payment terms.
6.6 Suite.030 also offers optional, add-on services to lessees. These are offered directly by Suite.30 and will be invoiced separately.
6.7 For the lessee's security, lessors are generally not permitted to cancel accommodation already booked by a lessee unless they provide an equivalent or higher quality substitute accommodation.
6.8 Lessees must pay a deposit when renting accommodation. Suite.030 will collect this deposit from the lessee, either as a pre-authorisation of a credit card or by the lessee's transfer of the deposit to a deposit account to refunded no later than one month after return of the accommodation, provided that the tenant has caused no damage thereto. For short-term rentals is the security deposit between 500€ and 2.500€. It depends on the apartment. The security deposit will be blocked on a credit card. For long-term stays, the security deposit must be transferred 10 days before arrival on our deposit account. For bookings until 2 months the security deposit equals one month’s rent with the condition, that the total rent is paid in advance. If not, the security deposit can be higher than 1 month’s rent. For bookings from 2 months and longer the security deposit equals 2 month’s rent (If it is a very high exclusive apartment 3 month’s rent).
The refund of the security deposit will occur within 7 days after departure (possibly plus transaction time of the bank). For the reverse transfer we need the bank account details. For some apartments may apply different provisions.
Note: Please have in mind, that the total amount of the rent and the security deposit together might exceed the limit of the credit card. Use the advantage of a transfer.
6.9 Suite.030 reserves the right to charge the lessee for any hidden defects only discovered after the accommodation has been returned at the end of the lease.
6.10 The deposit will be refunded one month after the end of the rental period, subject to the return of the accommodation free of defects. Such a return also includes the return of chip cards, keys, parking cards, or sensors. There is no right to retain any items belonging to the lessor. If the lessee fails to return the items within one week after an email requesting their return was sent, Suite.030 will retain the deposit and assert claims for any higher damages (e.g. replacement of the locks) against the lessee.
7. Other lessee obligations
7.1 The lessee agrees to comply with any house rules posted in the accommodation. In any case, quiet hours (from 10 pm to 6 am) must be observed. A general prohibition on parties and smoking also applies. Animals are only permitted with written permission and no shoes with pointed heels may be worn in apartments with hardwood floors.
7.2 The lessor shall provide internet access to Suite.030 and the lessee. The lessee agrees to use this internet access in accordance with the law and will, in particular, not download or upload protected or illegal content.
7.3 Lessees agrees to provide true and correct information regarding their contact data, including the data for payment processing.
7.4 Lessees accept the cancellation terms as indicated as part of their agreements with Suite.030.
7.5 Lessees must notify Suite.030 immediately (or within 24 hours for rentals one month or longer) of any damage to the accommodation. Upon delivery of the accommodation, lessees acknowledge that the accommodation is free of defects to the extent that could be recognised at that time. Lessees are liable for any further damage caused by a delay in such notification. Lessees are liable to Suite.030 for any damages caused by any breach of their duty of care. Likewise, lessees are liable for any damage to the accommodation caused by their vicarious agents, fellow residents, customers, visitors, suppliers, trades, etc. Lessees are responsible for providing proof of any claims that they are not responsible for any damage to the accommodation.
7.6 As a rule, the accommodation will be ready for occupancy from 3 p.m. on the day of arrival and must be vacated by 11 a.m. on the day of departure. Handover of the accommodation outside regular check-in and check-out times (after 8 p.m. or before 8:00 a.m.) will incur a convenience fee of €50.00.
7.7 Upon return of the accommodation at the end of the rental contract, lessees will receive an invoice from Suite.030, which contains an itemised list of the accommodation fees, including final cleaning costs, any additional services booked, value-added tax, and, if applicable, hotel taxes.
7.8 At the end of the rental period, Suite.030 will conduct a rough inspection and complete an inspection report of any damage exceeding the usual use and wear of the accommodation. If lessees depart before this final inspection or are not personally present for some other reason, they agree to accept the inspection report as prepared by Suite.30. If further defects become apparent only after the basic cleaning after the lessee has moved out, lessees agree to accept the charges for this damage after being notified by Suite.030.
7.9 Suite.030 has the domiciliary right about the accommodation. In the event that lessees violate these rights, Suite.030 may exercise its right to extraordinary termination of the lease.
7.10 If lessees are in default with their rental payments, Suite.030 is entitled to terminate the lease without notice. In this case, the lessee must vacate the apartment within two days if the rental period was for less than two months and within seven days if the rental period was for two months or longer. Suite.030 also holds a lessor’s lien on the objects brought into the accommodation by lessees.
7.11 An implicit extension of the rental relationship through the continued use of the accommodation after the expiry of the rental period is expressly excluded.
7.12 Lessees have no right of retention with regard to keys, key cards, or other items provided. After a one-time free reminder, any subsequent reminders will be at the lessees' cost.
8. General procedure for handling cancellations and complaints; termination
8.1 In the event the lessee cancels the accommodation request, both the lessee and the lessor's contracts with Suite.030 are rescinded. Depending on the timing of the cancellation, this means that the lessor's claim against Suite.030 for payment of the earnings is forfeited either in whole or in part.
8.2 As a result of a lessee cancellation, Suite.030's claim against the lessee will no longer be that stipulated in the original contract. In the case of cancellation up to 10 days before the start of the rental period, the renter must pay 50% of the accommodation fee. For cancellations made thereafter, the lessee must always pay the full accommodation fee. In the event of cancellation, the lessor's earnings are also reduced accordingly. In case of cancellation, the costs incurred by Suite.030 due to the cancellation are first deducted from the accommodation fee.
8.3 If lessors cancel the accommodation request, they must pay a cancellation fee of 25% of the accommodation fee to Suite.030. The cancellation fee increases to 50% of the accommodation fee if the cancellation occurs less than 8 days before the start of the rental contract. In the event the booking is cancelled within 24 hours after direct booking and notice was sent to the lessor by Suite.030, the fee shall be 5%.
8.4 The cancellation fee will, if possible, be offset against the next earnings payable to the lessor. Lessors are not paid for bookings they cancel.
8.5 If Suite.030 must carry out measures that fall within the lessor's duties, Suite.030 will charge these activities according to the current price list.
9. Rights, granting of rights, prohibited content, indemnification
9.1 If lessors provide the photos of the accommodation, they warrant that they have the necessary rights to use the texts and photographs used in the accommodation profile as well as any graphics, videos, or other protected works and/or trademark rights ("works") and/or consents to show the likeness of any persons. Lessors may not make any further use of the works authored or owned by Suite.030 after expiry of the user agreement.
9.2 Lessors give their express consent to the publication of a description of the accommodation, an evaluation, and/or profile pictures on the Suite.030 website (input, upload, and thus release of texts, photographs, videos, graphics, etc.) and grant Suite.030 free of charge, the non-exclusive, unlimited, worldwide right to use this work (in whole or in part) for the performance of its services or to advertise this service online (right to publish), to use this work worldwide for the provision of its services or to advertise this service on posters, in print media of any kind, to use television and radio advertising (right of reproduction, distribution, broadcasting, public reproduction), as well as the right to edit or redesign the works and the right to transfer these rights to third parties insofar as this is necessary for the fulfilment of the purpose (performance or promotion of its services).
10.1 Lessors will indemnify and hold Suite.030 harmless on first request from any claims asserted against Suite.030 for breach of their rights by the accommodation used or other use of the website, in particular in the event that handover, inspection, and/or cleaning of the accommodation are performed by lessors themselves.
10.2 Lessees are liable for their use of the internet connection. Lessees hereby indemnify and hold the lessor harmless from any third-party claims arising from illegal use of the internet (such as illegal file sharing or illegal downloads or uploads).
10.3 In the event of claims by third parties, the users commit to provide Suite.030 immediately, truthfully and completely with all information necessary for examination of the claims and a defence.
10.4 §10.1 shall apply accordingly, however.
11. Deletion of content
11.1 Suite.030 reserves the right to terminate the contract without notice in the event that a user violates legal regulations, the rights of third parties, or these general terms and conditions,
11.2 These measures, unless required by law, are determined by the reasonable discretion of Suite.030, but Suite.030 will consider the legitimate interests of the user as well as all circumstances of the violation, in particular the degree of fault.
11.3 Rental agreements between users remain unaffected by any restriction or blocking of a user.
12. Disclaimer, guarantee of Suite.030
12.1 Suite.030 shall be liable without limitation for any damage it, its employees, or its vicarious agents have caused with intent or out of gross negligence, out of the fraudulent concealment of defects, if expressly guaranteed, or for damages resulting from injury to life, limb and health.
12.2 For all other damages, Suite.030 is liable only if such an obligation is breached, the fulfilment of which is essential for the proper performance of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligation). The liability for damages shall be limited to such damages as are typical and foreseeable for such contracts. All liability under product liability law remains unaffected. Any further liability on the part of Suite.030 is excluded, including any consequential damages resulting from defects.
13. Duration, termination
13.1 The brokerage mandate between the lessor and Suite.030 shall commence from the time it is confirmed by Suite.030. as agreed in the exclusive or co-marketing agreement. The right to terminate this agreement for good cause remains unaffected.
13.2 For the duration of the brokerage mandate, lessors are prohibited from circumventing the brokerage contract and signing a rental contract with a lessee who has gained knowledge of the lessor's accommodation via the online platform.
13.3 If the tenancy or brokerage mandate is terminated for reasons not caused by Suite.030, lessors are prohibited from circumventing the brokerage contract and entering into a rental contract with the same lessee or another person as an sublessee for a period of three months after the end of the contract.
14. Final provisions
14.1 The law of the Federal Republic of Germany applies. If the user is an entrepreneur within the meaning of §14 BGB, the exclusive place of jurisdiction for all disputes arising from this contract shall be Berlin. The same applies if the user does not have a general place of jurisdiction in Germany or if their domicile or habitual residence is not known at the time litigation is initiated.