§ 1 Subject matter of the contract
- The subject matter of these General Terms and Conditions (hereinafter: GTC) are the terms and conditions under which Wrento (hereinafter: Wrento) provides a platform on which providers (hereinafter: Landlords) and demanders (hereinafter: Tenants) of furnished apartments or parts of apartments, in particular but not only individual rooms in shared apartments for temporary use (hereinafter: Apartments) can come together and conclude a contract for the temporary rental of the Apartments (hereinafter: Rental Agreement) (the Platform with the above functions hereinafter: Platform).
- Wrento is merely the operator of the platform and does not offer apartments on the platform itself. The rental agreement is concluded exclusively between the landlords and the tenants (hereinafter also jointly: users) under the conditions agreed upon between them. Wrento does not become a party to the rental agreement, does not act as a representative of one of the parties to the rental agreement and does not act as a broker. Wrento does not influence the decision on the conclusion of rental contracts between the users, but merely provides the technical infrastructure for the initiation and conclusion of the contracts.
- The platform only serves to conclude rental agreements for residential property for temporary use. The landlord and tenant insure in this respect that the tenant, according to their common understanding, does not intend to move his permanent center of life to the apartment, but only a temporary use is intended.
- These GTC regulate conclusively the terms and conditions under which users can use the platform and Wrento provides the related services. Deviating terms and conditions of the users do not apply, even if they are not expressly contradicted or Wrento provides the services without reservation in knowledge of these terms and conditions.
§ 2 Services by Wrento
- Wrento provides a digital communication environment for the conclusion of contracts between landlords and tenants via the platform, on which landlords can post information about their apartments as well as photos and the conditions of the rental (hereinafter: adverts). Tenants have the opportunity to search for apartments that meet their needs, compare prices and other conditions, contact landlords and conclude a rental agreement.
- Wrento endeavors to ensure the accessibility of the platform via the Internet as well as the technical functionality to the greatest possible extent. Due to maintenance work carried out on the platform, the further development of functionalities or malfunctions, the possibilities of use may be restricted or temporarily interrupted. Wrento will announce such restrictions or interruptions to the users in a timely manner, as far as possible.
- In order to prevent fraudulent behavior, Wrento performs a verification of landlords and tenants according to the regulation in § 4. According to the regulation in § 5 a customer support will be offered. Tenants can initiate the booking process according to § 14 and communicate with the landlord by submitting booking requests.
II. Use of the Platform
§ 3 Registration on the platform
- The login data may only be used by the respective authorized user. The account may not be transferred to third parties. The user is obligated to keep the login data secret and to protect it from unauthorized access by third parties. If there is a possibility that third parties could have unauthorized access to the account, Wrento must be informed immediately. In this case, Wrento reserves the right to take measures against this and in particular to block the account or to change the login data. The user is responsible for all activities that are carried out using his user account, unless he cannot be held accountable for the misuse of his user account due to no violation of the duties of care that rest upon him.
§ 4 Verification of landlords and tenants
- In order to prevent identity fraud and cases of fraud as far as possible and to ensure the security and integrity of the platform, Wrento verifies the identity of landlords and tenants registered on the platform. Wrento uses various procedures for this purpose and may, in particular, also make use of the services of third-party companies. If Wrento requires the submission of documents, these must be provided within two business days.
- Verification of landlords may be carried out in particular by checking identification documents and/or other documents. In addition, information can also be requested in a telephone conversation to confirm the identity of the landlord.
- Verification of tenants is carried out by checking identification documents and, if necessary, checking other documents. In addition, evidence of creditworthiness or salary and the financial circumstances may also be requested for the purpose of verifying the ability to fulfill payment obligations under the rental agreement. In addition, other documents may also be requested to prove a special status (e.g. enrollment certificate).
- Verified users are marked as such on the platform. This marking does not constitute a binding statement about the existence of the verified persons, their ability to provide the contractual services or their future behavior. In particular, the verification of landlords is also not associated with any statement about the existence of the apartment, its condition or the accuracy of the information provided by the landlord in the advert. The verification or references to it on the platform merely contain the information that the user has gone through the verification process implemented by Wrento. In case of any doubts, the users themselves are required to inform themselves in a suitable manner about the identity and the power of disposal of their contractual partner.
§ 5 Customer Support
Wrento offers users customer support by e-mail and on our website (Monday to Friday 9:00-18:00 CET or CEST). Support is provided to landlords and tenants regarding the use of the platform, its operation, the submission of booking requests and any problems that may subsequently arise during the execution of the rental agreement. However, only general information can be provided. In this respect, there is no entitlement of the users to a certain success or the provision of certain information.
§ 6 Prohibited behavior
- Users shall refrain from all actions that may jeopardize the functioning of the platform, violate applicable laws or impair the rights of third parties. In particular, it is prohibited to,
- violate the personal rights of other users or third parties, for example by disseminating false statements, defamatory criticism, insults or images of recognizable persons without their consent,
- use copyrighted content without sufficient legal basis or otherwise infringe the intellectual property or other rights of other users or third parties,
- harm other users or third parties, engage in fraudulent activities, send spam or phishing messages or publish such content in adverts,
- access or modify data to which they are not authorized to have access, and
- disable, disrupt or otherwise circumvent technical security measures.
- Furthermore, users are prohibited from using bots, crawlers, scrapers or other automated processes to access the platform, store data or other content, otherwise interact with the platform or impair the proper functioning of it.
§ 7 Deletion and restriction of content, blocking of users, check of adverts for fraudulent activities
- In the event of violations of these GTC, Wrento reserves the right, without prejudice to the right of termination according to § 24 (3) and (4), to warn users, to delete adverts or other content, to restrict the possibilities of using the platform for the user concerned or to block the user temporarily or permanently. Wrento will decide on the taking of such measures at its reasonable discretion.
- Wrento checks adverts to determine whether they contain indications of fraudulent activity. For this purpose, an automated filter is used to check the information provided in order to identify and block such adverts. This filter also checks any subsequent changes to listings that have already been published. If there are indications of attempted fraud, newly posted adverts are not published and adverts that have already been published are blocked. Adverts can be released manually by Wrento after an individual check.
III. Offering apartments via adverts
§ 8 Creating adverts
- Landlords who offer an apartment for rent via the platform confirm explicitly that they are authorized to offer and rent out the apartment. Landlords are liable to Wrento and its contractual partners for all damages resulting from a lack of authorization to offer and rent out of the apartment.
- Landlords are obliged to describe the apartment they offer on the platform correctly and comprehensively. For this purpose, at least the information requested when creating the advert must be provided. Photos must reflect the actual condition of the apartment and must be updated as soon as changes are made to the apartment. The information on availability must also be kept constantly up to date.
- If photos of the apartment were created by Wrento or on behalf of Wrento in accordance with the regulation in § 9, landlords are also obligated to immediately indicate any changes to the condition or equipment of the apartment in the description of the advertisement or through more recent photos.
- In addition to the required data and photos, landlords shall provide the following documents relating to the apartment:
- House rules, if available
- Booking Requirements
- Equipment list
- If landlords offer multiple apartments on the platform, the information and documents must be provided separately for each apartment.
- Only one advertisement may be created on the platform for each apartment. The creation of several adverts for one apartment is prohibited. This does not include the creation of different adverts for singular parts of a single apartment that are offered separately for rent.
- Landlords are prohibited from placing adverts on the platform that violate legal regulations, official orders or good customs. Furthermore, they are prohibited from posting content that violates the rights of third parties, in particular copyrights, trademark rights or personal rights.
- The landlords must specify additional charges that the tenant is required to pay on a monthly basis in advance . This includes:
- operating costs
- Additional costs may be incurred for parking spaces or the use of an underground parking lot. These are to be indicated separately.
§ 9 Granting of rights and warranty
- The landlord grants Wrento the royalty-free, non-exclusive rights unlimited in terms of time and location to the content transmitted for the creation of the advertisement, in particular descriptive texts and photos, to use this content in whole or in part, to transfer these rights and to grant sublicenses, insofar as this is necessary for the provision of Wrento' contractual services to the users. This includes, in particular, the right to publish, reproduce, distribute and make the content publicly available by any means and in any form. This also includes the right to edit the content and use it in edited form. Included is a use of the content on the platform of Wrento, for example when displaying adverts, especially after using the search function, but also on websites of third parties, especially to advertise the apartments in the sense of the regulation in § 13, as well as on social networks.
- The Landlord guarantees that the uploaded content is free of third-party rights, that he is entitled to dispose of these rights without restriction and free of third-party rights and that he has not otherwise disposed of or will not otherwise dispose of these rights. The landlord further guarantees that he has obtained all necessary consents of possibly identifiable persons and that the content does not violate any other rights of third parties.
§ 10 Liability for information in the advert
- In accordance with the regulation in § 1 (2), Wrento is not involved in the rental contracts concluded between users and can also not verify whether the information about the apartment provided by the landlord when creating the advert is correct. The landlord is solely responsible for the content and accuracy of the adverts.
- Wrento does not place adverts for apartments on behalf of landlords on the platform. This is the sole responsibility of the landlords. Should Wrento nevertheless create an advert for a landlord in a specific case, landlords are obligated in this case as well to provide the required information correctly and comprehensively, if necessary, with recent photos. The provision in paragraph 1 also applies in this respect. Wrento' liability for this is governed by § 22 of these GTC.
§ 12 Promotion of the advertisement on other websites
Wrento is entitled to advertise all adverts and offered apartments published by the landlord on the platform on all other internet portals deemed expedient by Wrento. This includes, in particular, social networks, real estate portals, search engines and adverts published via advertising networks on other websites. A separate consent by the landlord is not required. Wrento decides on the measures taken for this purpose at its reasonable discretion, taking into account the legitimate interests of the landlord. An entitlement to such a promotion does not exist.
IV. Conclusion of the contract between users
§ 13 Booking process
- As soon as Wrento receives a booking request from a tenant via the platform, Wrento will perform the verification according to § 4 of these GTC. If the booking request is incomplete, Wrento will request additional information from the tenant. The booking request will subsequently be available for the landlord's approval.
- Following the acceptance by the landlord, the apartment will be reserved for the tenant. The reservation is made for at least 48 hours. The landlord and tenant can conclude the rental agreement for the apartment.
§ 14 Duties of the landlords on site
- The landlord shall be available as the contact person on site for the apartment offered by him. In particular, in the event that the apartment is rented, the landlord shall conduct any apartment tours, the handover of the apartment, any defect inspections and defect rectifications as well as the handling of the return of the apartment.
- If the landlord is not personally available for this purpose, he may appoint a representative. In this case, the landlord shall inform the tenant of the name and contact details of the representative. The landlord assures that the named person is informed about the duties as a representative of the landlord and agrees to take over these duties and to pass on his personal data to third parties. Any changes are to be communicated to Wrento within seven days.
§ 15 Confirmation of accommodation
The landlord commits to issue the tenant with a confirmation of accommodation if required.
§ 16 Responsibility for performance of the contract and payment of taxes
- The performance of the contracts concluded via the platform is the sole responsibility of the users involved in the rental contract. In particular, Wrento has no obligation to take measures to ensure the proper execution of the contracts. Wrento can also not guarantee the existence of apartments offered in adverts, their condition, their availability, as well as the accuracy of other information provided by the landlord.
- Landlords are responsible for complying with applicable legal obligations with regard to taxes and other duties. They shall independently report, collect and pay them properly in accordance with the applicable laws.
V. Wrento Service Fee
§ 17 Charge of service fee
Wrento charges both landlords and tenants a service fee for the services provided in accordance with this contract pursuant to the following provisions.
§ 18 Service fee for landlords
- For landlords, a service fee is incurred as soon as a rental agreement is concluded with a tenant registered on the platform following a booking request for the apartment in question or if such a rental agreement is extended. The service fee arises regardless of whether the contract is concluded via the platform. The decisive factor is that the parties have come together via the digital infrastructure provided by Wrento. A circumvention of the service fee by concluding a rental agreement outside the functionalities of the platform or through other arrangements is not permitted.
- Unless agreed otherwise, the service fee is 10% plus VAT of the landlord-determined monthly fixed rent. If the rental period is less than 6 months, 7% of the total rent will be subtracted, and the service fee will be charged on the remaining sum. The amount to be paid to Wrento equals the service fee applied to the monthly fixed rent multiplied by the rental duration. For pro-rata months, the rent and service fee are calculated based on the precise number of days.
- The service fee will be invoiced after the conclusion of each rental agreement and each extension of the rental agreement. In this respect, a circumvention through extension of the rental agreement or the initiation of such an extension outside the functionalities of the platform or through other arrangements is equally inadmissible. The landlord must pay an additional service fee to Wrento in this case as well. The service fee is payable up to 14 days after invoicing, unless a longer payment term is stated on the invoice. The landlords agree to electronic invoice transmission.
- An installment payment of the service fee can be agreed upon in coordination with Wrento for rental periods of nine months or more with payment by SEPA direct debit. Wrento reserves the right to refuse this without giving reasons.
§19 Service fee for tenants
- A service fee will be charged to the Tenant if the verification procedure according to § 4 has been successfully carried out. In accordance with § 13 (2). The amount of the service fee charged by Wrento to the Tenant will be indicated during the booking process.
- The service fee is not refundable, unless the booking request has been canceled by the landlord.
§ 20 Default on payment and bearing of additional costs in the event of incorrect invoice numbers
If users default on payment, Wrento may charge EUR 5.00 in addition to the statutory default interest for each reminder. This does not apply if users can prove that no or significantly lower damages were incurred.
- Users shall ensure that the invoice number is stated correctly when making bank transfers. Additional costs caused by incorrect invoice numbers as well as any return debit note fees are to be borne by the respective user.
VI. Additional regulations
§ 21 Disclaimer of warranty
- Wrento is liable in accordance with the statutory provisions for intent and gross negligence. The same applies to the assumption of guarantees, any other strict liability, in particular in accordance with the Product Liability Act or in the event of culpable injury to life, limb or health.
- In the case of slightly negligent breaches of essential contractual obligations by Wrento, liability is limited to the typically occurring, foreseeable damage. Essential contractual obligations are obligations on whose fulfillment the users regularly rely and may rely on for the proper execution of the contract.
- Any further liability of Wrento is excluded. Insofar as liability is excluded or limited, this also applies to the personal liability of Wrento' legal representatives, employees and other vicarious agents.
§ 22 Liability for links
The platform contains links to external third-party websites over whose content Wrento has no influence. Therefore, Wrento cannot assume any liability for these external contents. The respective operator is always responsible for the content of the linked pages. The linked pages were checked for possible legal violations at the time of linking. Illegal contents were not recognizable at the time of linking. However, a permanent supervision of the contents of the linked pages is not possible and reasonable without specific evidence of a violation of the law. If we become aware of any infringements, such links will be removed immediately.
§ 23 Indemnity
- Users shall indemnify Wrento upon first request from all claims asserted by other users or third parties against Wrento, insofar as these are based on the content or design of the adverts by landlords, any other use of the platform or violations of these GTC. This also applies to cases in which an advert according to § 12 is advertised by Wrento on other websites. This also includes any court costs as well as the costs for a lawyer selected by Wrento in the amount of the statutory fees. This obligation to indemnify does not apply if the users are not responsible for the violation.
- Furthermore, in the event that claims are asserted against Wrento by other users or by third parties based on the conduct of users on the platform, users are obligated to truthfully and completely provide Wrento with all information necessary to verify the legitimacy of the claims and to conduct an appropriate defense.
§ 24 Term and termination of the GTC
- These GTC are concluded for an indefinite period of time upon registration.
- Users may terminate the contract at any time and without a notice period by e-mail. The deletion of the account by the users via the platform is equivalent to this. Rental contracts already concluded remain unaffected by this termination. Also unaffected are already existing claims from Wrento for payment of the service fee, especially in case of an extension of the rental contract.
- Wrento may terminate the user contract concluded with the user on the basis of these GTC at any time with a notice period of two weeks.
- In addition, Wrento may terminate the user contract extraordinarily and without prior notice if the user commits a material breach of his obligations under these GTC, the user has significantly violated applicable laws, regulations or rights of third parties or Wrento deems such a measure necessary and appropriate to protect the personal safety or assets of Wrento, users or third parties (for example, in the case of fraudulent behavior by a user).
§ 25 Subject to modification
- Wrento reserves the right to unilaterally amend these GTC at any time by giving reasonable notice of at least 15 days. The announcement will be made by publishing the amended GTC on the platform, stating the effective date. In addition, Wrento will also inform the users separately by email about the upcoming amendments.
- Insofar as the amendment affects essential parts of the contract, i.e. in particular service obligations of Wrento towards the users, the consent of the users is required for the effectiveness. This consent may be given either expressly or conclusively, in particular by the continued use of the platform after receipt of the announcement in terms of paragraph 1, in particular by placing further adverts as well as making booking requests. Insofar as the changes are insignificant or the changes are necessary to comply with a law, a legally binding court decision or a binding order of a competent authority, the change shall become part of the contract if the user does not object to the inclusion in the contractual relationship to Wrento in writing or text form within 15 days after receipt of the notification of the change. The continued use of the platform after the announcement as defined in paragraph 1 shall constitute a waiver of this right of objection.
- If the users do not agree to the changes or exercise their right to object, Wrento reserves the right to terminate the contractual relationship without prejudice to the provision in § 27 (3) and (4).
§ 26 Ranking of search results
The order in which the adverts are displayed during a search performed on the platform depends on various parameters. Among the main parameters are:
- The search operators and filters specified by the tenants, especially with regard to the amount of the rent payment, the duration of the rent, as well as the characteristics of the apartment, for example, the location, the number of beds, as well as the availability, taking into account the minimum and maximum length of stay specified by the landlord
- the amount of rent requested by the landlord, as well as the deposit required, if any
- the characteristics of the advert, such as the description of the apartment and the photos attached to it
- the number of booking requests made after the retrieval of the advert in the past
- the number of booking requests confirmed by the landlord in the past and the number of booking requests still pending
§ 27 Data access
- After the end of the contractual relationship, commercial users retain access to their account and the accessible data, unless they have deleted it via the platform or have otherwise requested a deletion or the account has been deleted by Wrento for other reasons. This applies without prejudice to any other legal claims for information.
§ 29 Online-dispute resolution
The EU Commission has created an Internet platform for the online resolution of disputes concerning contractual obligations arising from online contracts (ODR platform). However, Wrento does not participate in dispute resolution proceedings before a consumer arbitration board to settle legal disputes with consumers and is also not legally obligated to do so.
§ 30 Applicable law and place of jurisdiction
- The business relationship between Wrento and the users is governed exclusively in the country where Wrento is registered.
- Users who are consumers with habitual residence in other countries may also use Wrento and benefit from the mandatory provisions of the law of their country of residence.
§ 31 Closing provision
Should individual provisions of these GTC be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions, which shall remain in effect. Should any provision of these GTC be or become invalid, the statutory provisions shall apply in its place.