Terms & Condition
§1 Scope of agreement
- For the business relation between myroomhero and the client the following general business terms and conditions apply.
- They apply in the valid edition of at the time of the contract completion, in addition to the framework of the existing legislation, for contemporary as for future business relations between myroomhero and the client, even if they have not been explicitly agreed upon.
- Deviating terms from the client or third parties are not acknowledged unless myroomhero gives a written consent to this.
§2 Objects of agreement
- The object of the contract is the recommendation and agency of rental contracts in the domestic area and abroad. Clients can inform themselves about the offered living accommodations by landlords under: www.myroomhero.com. myroomhero conducts the client’s expression of interest to the landlord. The client is aware that with the realization of a rental contract the utilization of the service is entailed with costs. (see §5 Compensation and Payment)
- The object of the agreement is the recommendation and agency of rental contracts for residential properties. myroomhero is not part of a contracting party in the contractual relation between the client and the landlord. The rental contract is bound exclusively between the client and landlord.
- After finding a suitable accommodation the client can issue his request to myroomhero online by, the declaration of his fore and last name as e-mail address, telephone number and requested property. The client can also make use of our call service without having to register online.
- myroomhero will then directly get in touch with the landlord in order to respond to the application. The conveyance of the personal information described in (1) is a requirement for the realization of the contract. The client is aware that his personal information will be used for this purpose. The potential rental contract between the client and landlord will only take place under the condition that the personal information provided by the client confirms to the truth. The client affirms explicitly and binding that the information provided is accurate and complete. Should the individual data transpire to be faulty after the completion of the application, myroomhero asserts the right to make a claim to the damage.
§4 Representation of residential properties
- The exposed images do not derive from myroomhero and are photo material from a third party. myroomhero is not responsible for the representation and accuracy of the exposed data.
- The client is aware that the pictures serve as sample images. The demonstrations merely serve as an illustration to display the furnishings of the accommodation (“Showroom”).
§5 Compensation and Payment
- There are no costs incurred for the application after §3.
- There is an imposed commission for the successful agency of a rental contract between the client and the landlord through myroomhero.
- The commission rate for the successful agency of a rental contract between the client and landlord depends and varies according to the room type, housing complex and monthly rental rate. The precise commission rate is issued in the particular bill and is communicated to the client during the course of the agency procedure.
- With the completion of a rental contract through our agency the stated commission to be paid is deserved, due and payable.
- Should the client completely or partially fall behind with his duty of payment he should from then on have to pay interest for default. The interest rate lies at annually 5% Points over the particular base interest rate according to EZB after §247 (BGB), so long as myroomhero does not prove a higher damage has been made or the client carries no fault for the damage.
- The commission payment is independent to actions carried out by the landlord or client after the completion of a rental contract.
§6 Obligations of the provider
- myroomhero takes great care in that the appearing offers by landlords correspond to the actual situation, especially concerning the conveyed images regarding the current state of appliances and technology. The customer is aware however that the scanning of non-digital images and the particular monitor settings can result in minor deviations regarding the appearance in relation to the original picture.
- myroomhero provides a request form (prospective customer form) which the customer can utilize. myroomhero undertakes its best, to the current state of the art and technology, to secure the system from external violation and the unauthorized use of the stored data. The customer should be aware however that, as a result of the current state of technology, the violation of data and interception of communications by third parties cannot be ruled out.
§7 Concession of utilization rights
- The exclusive rights of use of the site: www.myroomhero.com resides solely with myroomhero.
- The utilization of the myroomhero site by the adoption of text, graphics or design, whether completely or partially, is not permitted.
§8 Rights and Obligations of the customer
- Should the customer be contacted by a third party (e.g. by the landlord) and asked to provide personal information he should not disclose this personal information and furthermore inform myroomhero about the circumstances immediately.
- E-mail messages concerning the application structure of myroomhero may only be forwarded when it concerns a serious taken booking request. The violation of myroomhero’s e-mail system, especially through the distribution of undesired messages such as Spam, is prohibited. E-mails and recommendations of the site through the function “recommend this site” may only be passed on with the consent of the recipient.
- myroomhero complies with the data protection legislation guidelines, according to the German federal data protection act (BDSG) and complementary laws. Further details can be withdrawn from the data protection declaration. The renter grants myroomhero to submit his contact information, especially telephone number, to clients who have booked one of the renter’s offered accommodations.
§9 Prohibited Uses The client is prohibited from:
- Exploiting, particularly duplicating, distributing, reproducing, editing, translating, decompiling, granting utilization rights and furthermore making any contents of the site www.myroomhero.com and inclusively of the published database, publically available. Whether through automatic tools or manual processes, all of the above are prohibited.
- Monitoring any of the contents of the site: www.myroomhero.com, whether through robots, spiders, automatic tools or manual processes.
- Uploading and sending harmful contents and programs to the site which can cause damages to the system due to its extent or portal quality and furthermore using devices which contain harmful contents and programs.
- Publishing any contents through the site: www.myroomhero.com which violate penal laws or any general laws, especially personal and privacy rights, or invoke such actions.
- Using or accessing the site: www.myroomhero.com in a way which negatively affects the network and computer system.
§10 Obligations for compensation due to damage by the client
- The client is obligated to compensate for any damages caused through his actions. This encompasses damages and errors in operations to the provider’s objects through the transmission and uploading of harmful contents and programs, including impairments, errors and failures to the system or database. The client is obliged to compensation to the myroomhero group for the damage resulting therefrom.
§11 Linkage with other webpages (Links)
- External links from other corporations contained in the site: www.myroomhero.com are merely service offerings by these corporations which are made available to the user. Through the application of such links the user leaves the myroomhero webpage. myroomhero does not account nor bear liability for the contents of external links as myroomhero has no influence on this and cannot verify all websites from other companies. The adoption of such links on our webpage does not signify that myroomhero promotes these products, services, contents or information and furthermore does not incorporate a relationship between myroomhero and the abovementioned.
- The access to and use of a website from another company via a link through this website: www.myroomhero.com takes place on the sole responsibility of the user. myroomhero bears no liability for linked contents.
§12 Copyright protection
The entire webpage: www.myroomhero.com and contents thereon are protected by copyrights laws. The viewing and downloading as well as the temporary storage of individual webpages on a computer is permitted for all myroomheroweb page contents for non-commercial use. The content may neither be altered nor used in other electronic or printed publications without the written consent of the respective right holders. This also applies to the reproduction, permanent storage and the sending of contents included in these websites. A violations of these provisions results in the obligation to destroy all printed or downloaded contents. Furthermore we reserve the right to assert further claims for compensation. The present content includes trademarks and commercial designations which are protected by the protective legal provisions that apply, even if they are not marked as such.
- Notifications are to be made through the contact form or to be directed by mail to myroomhero Franz-Steineke-Weg 2E in 30916 Isernhagen, Germany.
- Notifications of copyright infringements must include: a. the residential address, telephone number and e-mail address b. precise information relating to the affected content (displayal of image or text), including a link leading to the page referred to. c. a signed affidavit confirming that the subject: i. is the owner of the exclusive rights of use of this work ii. did not authorize the utilization of the concerning material in the form encountered.
§14 Liability of the provider
- myroomhero is not liable for slightly negligent violations of obligations, provided that these do not concern fundamental contractual obligations, or damages due to injury to life, body or health or as far as claims under product liability law are not affected.
- myroomhero does not guarantee for any contractual agreements between the renter and tenant. Neither the client nor any other third party has a right to raise claims against myroomhero for the fulfillment of contractual duties in which myroomherois not explicitly involved in.
- Impairments of performance of obligations in relation between the client and landlord have no effect on the closed rental contract between the client and myroomhero.
- The myroomhero. party does not act as a representative of its cooperating partners.
- myroomhero. is furthermore not liable for the accuracy and completeness of the information adopted by its cooperating partners.
- Our partner corporations are solely responsible for the deficiency free nature of the particular accommodations as the accountancy.
- myroomhero does not assume any responsibility or liability for the contents of webpages which contain indirect or direct references (Links) directed towards offers of myroomhero.
§15 Modification of the general terms and conditions
- myroomhero. reserves the right to make modifications to the general terms and conditions under the preservation of an appropriate announcement period of at least six weeks. The notification occurs by means of the publication on the internet on the site: www.myroomhero.com and by notification of the client of the modified general terms and conditions under emphasis of the modifications and indication of the time of coming into force.
- If the client does not contradict within a period of six weeks after publication of the altered terms and conditions, then these modifications are deemed as accepted. In the notification of alteration we explicitly reference to the importance of the compliance to the six week deadline. If the client dissents within the deadline to the alteration of the terms and conditions, then myroomhero is entitled, under respect to the entitled interests of the client, to terminate the existing contract with the client at the time at which the alteration comes into force.
§16 Final provisions
- In the case of a dispute between the client and myroomhero the contract is exclusively subject to the German law under exclusion of all material and procedural legal norms of other jurisdictions. Any subsidiary agreements, modifications and additions of this contract require a written confirmation in order to come into effect. Furthermore the abolition of the written form requirement must be made in writing.
- The client is not entitled to charge his own claims towards myroomhero, unless the claims have been acknowledged by myroomhero or have been legally established in favour of the client.
- If individual provisions of this contract herein are or become invalid then this does not affect the validity of the rest of the contract.
As of: July 3rd 2018