General Contract Terms and Conditions (T & C)
for the Apartment Facilities of Bürgermeister-Reuter-Stiftung
in the version of 20/11/2010

The General Contract Terms and Conditions relate to the booked and rented apartments/rooms of Bürgermeister-Reuter-Stiftung.

1. Purpose of the use

(1) The apartment/room is completely furnished and equipped and leased for temporary use like the other rental units of the property.

(2) The Tenant is not permitted to use the rented premises for purposes other than negotiated in § 1 (1) of the lease.

(3) Subleasing is not permitted in principle. The Landlord/customer representative shall be notified locally of the accommodation of visitors, and the Landlord shall be authorized to charge a reasonable subtenancy rate.

2. Reservation and booking of apartments/rooms and cancellation

(1) Basically, reservations are made online at www.house-of-nations.de. This reservation initially is not binding.

(2) Upon confirmation of the reservation by Bürgermeister-Reuter-Stiftung, the prospective tenant will be notified of the amount of the security deposit payment due and the amount of the firs month´s rent.

(3) Upon transfer of the due amount by the prospective tenant by the specified date, the booking of the apartment/room becomes binding.

(4) Bookings can be cancelled free of charge up to 15 days prior to the start of the Agreement (applies only to individual bookings, not to quota contracts). After this date, an administrative fee in the amount of one-half of the monthly rent shall be due. The prospective tenant may prove that no expenditure was incurred or that such expenditure was considerably lower. Bürgermeister-Reuter-Stiftung on the other hand may prove that a higher expenditure was incurred.

3. Cancellation of services by utility companies

(1) The general terms of utility companies service shall apply generally to the supply of electricity, gas, water and district heat. The liability restrictions of utility companies contained herein shall apply to the Tenant to the same extent as to the Landlord.

(2) The Landlord shall not be liable for interruptions for which the utility company is responsible and not accuse the Landlord either of intent or gross negligence with respect to the cause of such interruptions.

(3) The same shall apply to flooding and other catastrophes, damage resulting from fire, storm, strike, riot, force majeure, etc.

4. Rent payment/direct debit authorization

(1) The rent payment shall be effected by the direct debit procedure - the rent is debited at the latest on the 5th day of the respective month - from the Tenant´s specified bank account. With this Agreement, the Tenant grants the Landlord to directly debit the specified bank account. If upon the conclusion of contract, the Tenant still is unable to name a bank account for collecting the rent, the Tenant agrees to issue the Landlord a direct debit authorization by the start of the lease period. In the case of a change of account, the Tenant shall notify the Landlord and issue a new direct debit authorization.

(2) In the case of direct debiting, the Tenant shall bear the costs incured to the Landlord for non-realized debits charged by the Tenant´s financial institute. In the case of payment default, the Landlord is authorized to apply the statutory default interest and a flat-rate delinquency fee of EUR 5.00 per written reminder. These delinquency fees are a flat-rate claim for damages. The Tenant shall prove that the damage was minor.

(3) In exceptional cases, the rent can be transferred electronically and free of charge to the Landlord´s bank account at the latest by the third business day of each month.

(4) To ensure that the Landlord receives the rent with the correct allocation and on time, the Tenant - unless the rent is collected by direct debiting - must specify the apartment/room number and its name on the credit transfer voucher. Transfers shall be effected to the following bank account:

                                      Bürgermeister-Reuter-Stiftung
                                      Account No. 3 123 206
                                      Bank Code 100 205 00
                                      Bank für Sozialwirtschaft

5. Delivery of the rented property/delivery of keys

(1) At the time of the Tenant moving into the apartment/room, the delivery of possession will be recorded. In this record, the condition of the rented property, as well as any damages to fixtures and fittings and furnishings will be recorded. The Tenant and the Landlord´s agent shall sign the record. The Tenant will receive a copy.

(2) The Tenant will receive the keys to the apartment/room at the time of handing over the signed record of delivery into the possession of the Landlord´s agent.

(3) If the rented property is delivered by way of depositing the keys in the key safe, the Tenant agrees to perform an official delivery on the next business day, by signing the record of delivery of possession with the Landlord´s agent, normally with the customer representative on site.

6. Preservation of the rented property/loss of keys

(1) The Tenant shall take good care of the rooms, facilities, and fixtures designated for joint use. The Tenant shall ensure that all of the leased rooms are sufficiently ventilated and heated.

(2) When returning the rented property, the Tenant must place the rooms in a condition so that they can be rented to a new tenant without objections. This will be checked in an agreed upon pre-inspection (pre-acceptance) by the Landlord.

(3) In the interest of maintaining the quality of the property indoors and, in particular, to prevent the formation of mold in the premises, washing and drying laundry in the rooms is not permitted. For this purpose, a laundry room is provided in the apartment facilities.

(4) The Tenant is not permitted to pass on keys to unauthorized persons. The loss of one or all keys must be reported immediately to the Landlord. The costs for the removal of the lock and for replacement keys as well as the necessary repairs shall be borne by the Tenant. If there is a lock system the loss of keys demands a complete replacement for security reasons, for which the Tenant shall bear the costs incurred.

(5) The Tenant is not permitted to produce or have keys made, modify locks, install enclosures or nameplates.

7. Entering the rented property by the Landlord

(1) The Landlord´s agents may enter the rented property in justified cases, in particular in the case of repair deficiencies, or renovation and repair work, as well as for the fulfillment of other contractual duties to the Tenant, following a timely notice. The Landlord or its agents also are authorized to enter the rented property following a timely notice, should this be required for the maintenance and/or improvement of the property overall. When the Tenant is absent, correspondingly authorized persons shall be able to enter the rented property.

(2) In the case eminent danger or disruptions in the utility systems or security fixtures, the Landlord may also enter the rented property with at least two persons in the Tenant´s absence, even without prior notice. This also shall apply, should pest control measures be required.

(3) If, in spite of having been requested to do so by the Landlord, should the Tenant fails to set a date for the preliminary inspection (preliminary acceptance) of the rented property by the Landlord with the local customer representative in charge, the local customer representative, as the Landlord´s agent, is authorized to enter the rented property in the Tenant´s absence, and the Tenant must be notified in writing of the inspection time.

8. Liability of the parties

(1) The tenant is liable for damages caused by either himself, or any guest of the tenant, due to neglect of the tenant´s contractual obligations. Furthermore, the Tenant shall be liable for repairs and maintenance work inside the rental premises, if they are not caused by contractual use.

(2) The Tenant´s damage and expenditure claims according to Sec. 536a German Civil Code due to defects of the rented property shall be excluded, provided the damage to the rented property already existed at the time of signing the agreement and was not concealed by the Landlord with intent to deceive.

(3) Damage and expenditure claims by the Tenant according to Sec. 536a German Civil Code due to damage to the rented property also shall be excluded, if the damage was caused after signing the Agreement and the Landlord did not act with intent or gross negligence and did not conceal the damage with intent to deceive. This exclusion of liability shall not apply to damage resulting from injury to life, body, or health.

(4) For other claims for damages unrelated to damage to the rented property, the Landlord shall be liable only in the case of intent or gross negligence. This exclusion of liability shall not apply to injury to life, body. or health.

(5) The rented property in question is a residential space rented to the Tenant for temporary use. The Landlord therefore shall not be liable for damage or loss of the Tenant´s property resulting from break-ins or other offenses. The Tenant is advised, where appropriate, to effect personal property insurance.

9. Tenant´s actions requiring the Landlord´s approval

(1) Consideration of the total number of tenants and in the interest of proper management of the rented property, the Landlord´s approval is required if the Tenant.

(a) ...wishes to keep pets. The keeping of cats and dogs is not permitted. The Landlord´s written approval must be obtained for keeping other animals, with the exception of ornamental birds and ornamental fish or small animals, such as hamsters and guinea pigs (provided they are kept appropriately). This also shall apply to keeping animals for short periods. Special cleaning of the premises, which possibly may be required at the end of the tenancy, will be charged to the Tenant.                   

(b) ...wishes to make alterations, extensions, and fixtures, as well as installations, which change the rented property, facilities, furniture, or furnishings.                   

(c) ...requests to make basic repairs.               

(d) ...wishes to install and/or acquire additional furniture and/or appliances in the apartment/room. Basically, authorizations can be granted only in exceptional cases, if the application is justified. In this case, the application must include an original photograph of the supplementary equipment to be approved. The Tenant upon vacating the premises must remove all supplementary privately owned equipment.

(2) The approvals granted are revokable.

10. Antenna systems

If the rented premises have a connection to a community antenna or the broadband cable network of Deutsche Post, the Tenant may only use connecting cables as licensed by the system´s manufacturer and/or Deutsche Post. The existing connections may not be modified. Additional connection sockets to the community antenna systems may not be installed. If no antenna and cable connections are provided in the rented premises, receivers may be operated only with indoor antennas. The use of radio antennas repuires prior written approval.

11. Mutual respect

(1) Disturbing the peace must be avoided. Radios and TVs must be played at indoor sound levels. Musical instruments may not be played at a sound level that may be unacceptable to non-participants. Tenants must refrain from making noise in the staircase and slamming doors.

(2) On weekdays during the time between 8:00 p.m. and 7:00 a.m., and throughout the day on Sundays and public holidays, Tenants are not permitted to make noise. On weekdays, noise should be avoided between 1:00 p.m. and 3:00 p.m.

(3) Playing musical instruments from 1:00 p.m. to 3:00 p.m. and between 7:00 p.m. and 8:00 a.m. is not permitted.

12. Use of the parking lot

(1) The Tenant may use the general, rather than individual parking spaces leased by the Landlord for parking licensed passenger vehicles, provided such facilities exist on the property and are freely available. The Landlord may remove unlicensed vehicles from the premises at the owner´s or Tenant´s expense.

(2) The Landlord shall not be liable for damage or loss of vehicles, vehicle components or items kept in the vehicles, of for damage caused when entering or using the parking lot and when there is black ice and/or slippery road surfaces.

13. Return of the rented property/final cleaning

(1) The Tenant agrees to return the rented property to the Landlord upon termination of the agreement in a proper condition, which is in keeping with the rented property´s contractual use. In particular, prior to returning the rented property, the Tenant shall perform the following cleaning tasks: Cleaning cabinets, windows and doors (including frames), bathroom and kitchen facilities, including refrigerator, stove and sanitary fixtures, as well as tiles floors, ventilation grills, lamps and radiators.

(2) The Landlord is authorized to deduct a cleaning flat rate of EUR 150,00 from the deposit for cleaning needed beyond the contractual use of the rented property.

(3) If the Landlord performs a preliminary inspection prior to the return of the rented property and draws up a record there of, said record shall be used exclusively for internal purposes without legal obligation upon the Tenant. Furthermore, said record is to draw the Tenant´s attention early to shortcomings the Tenant must remedy by the move out date. The preliminary inspection record does not stipulate the contractual condition of the premises and does not limit the Landlords entitlement to the tasks performed according to this record. The Tenant therefore cannot expect a complete listing of shortcomings. The Tenant is also responsible for shortcomings that are not listed in the record.

(4) If items rented with the premises are missing or have been damaged, the Landlord, without setting a time limit, shall be authorized to replace or repair these items at the Tenant´s expense.

(5) If the Tenant has made changes to the rented property, it must be restored to its original condition. If, upon returning the rented property, the Tenant has left items behind, the Landlord shall be authorized to dispose of them at the Tenant´s expense.

(6) Upon conclusion of the tenancy, the Tenant shall return all keys, including those that were obtained in violation of this Agreement. If the Tenant fails to do so, following a prior unsuccessful written request with time limit, the Landlord shall be authorized to install a new lock system at the Tenant´s expense.

(7) This shall not affect any of the Landlord´s additional claims for damages.

(8) The rented property shall be delivered to the Landlord at the latest by 10 a.m. on the last contract day.

14. Data protection

The Tenant shall give consent his/her that his/her personal data collected by the Landlord will be collected, stored, used and transferred according to Sec. 28 Federal Data Protection Act for the purpose of processing the tenancy and for managing the property. In particular, the Tenant gives his/her consent for the Landlord to transfer the collected personal data for the purpose for which it is intended to its service partners that were xommissioned to provide partial services of managing the property and/or to render services to the Tenant. This also includes the postal service providers, such as Deutsche Post AG and PIN AG.