AGB

1.1

We, Passion 4 Gästezimmer GmbH (hereinafter referred to as the "Company"), operate an Internet portal under the Internet domain:monteurzimmer.de. on which third parties advertise and offer accommodation.
Die Firma selbst besitzt keine Immobilien und schließt keine Mietverträge mit dem Suchenden ab.
We ourselves do not offer goods and services and do not accept any declarations from users.
We ourselves are not a contractual partner of the contracts concluded exclusively between the members of this Internet portal.

1.2

Our following General Terms and Conditions of Business and Use apply to all actions that the Internet user can perform via the website www.monteurzimmer.de.
Operator of the website www.monteurzimmer.de is

Passion 4 Gästezimmer GmbH
Friedrichstr. 70
10117 Berlin

service@monteurzimmer.de
Tel +49 30 55578454

Authorized Managing Director:
Victoria Tschirch, Stephan Thurm, Simone Kasik and Christoph Rüth
VAT-ID: DE301978044
Registered at: Berlin, Amtsgericht-Charlottenburg, HRB 166134 B

Responsible for content according to § 18 Abs. 2 MStV:
Victoria Tschirch, Stephan Thurm, Simone Kasik and Christoph Rüth (Address as above)

1.3

Individual contractual agreements take precedence over these General Terms and Conditions of Business and Use.
Deviating, conflicting or supplementary general terms and conditions of business and use shall not become part of the contract unless their validity is expressly agreed to.
The following General Terms and Conditions of Business and Use will also be sent to you once again with the confirmation of the registration of the user account.

2.1

Landlords must provide truthful and up-to-date information in their entries of accommodation offers. Changes in their accommodations, prices and more are to be adjusted in the concrete entry by the landlord.

2.2

The company expressly assumes no warranty for the contents of the entries of the landlords to which links are provided. Links to websites that do not belong to the landlord may not be set and can be deleted by the company. This means in particular subpages of other accommodation portals.
Links placed by the Landlord may be rejected and/or subsequently removed by the Company at its sole discretion. This does not require any announcement or notification to the lessor.

2.3

It is not allowed to place links and URLs in form of texts in the describtion text of your listing.

2.4

Only photographs, graphics and other representations may be used by the landlord within the framework of the offer presentation, the rights to which are held by the offering landlord. The company is not liable for claims that may arise in this context from copyright infringements. The same applies to texts. In these cases of copyright infringement, the lessor will indemnify the company from all claims in the event of a claim by a third party.
In the same way, listings may not infringe the industrial property rights of third parties, in particular the trademark, label, design patent and other industrial property rights. Also in these cases, the Lessor shall indemnify the Company against all claims in the event that third parties assert such claims.

2.5

The wording and content of the texts published on the site must not violate applicable German law.

2.6

The Company is not obliged to verify the information provided by the Lessor, but reserves the right to do so and, if necessary, to refuse an entry without giving any reason and at the Companys discretion.

2.7

The Company has the right to change or delete Landlords content or temporarily remove the entry. The Company may, but is not obliged to, notify the Landlord of the change made or of the necessity of the change.

2.8

The Company shall not be liable for any loss of data or other damage to the texts, images and all entries made. This applies not exclusively, but especially in the case of changes made by the company to an entry.

2.9

The Landlords listing on the site may explicitly not be used as an example entry for several accommodations. By accepting the GTC, the landlord agrees that the landlord will not pass on the demand relating to an entry to further own or third-party accommodations. A reference to other entries of the landlord may be made in the description text of an entry. Individual deviations are possible after consultation with and by written confirmation from the company.

2.10

If a landlord provides data or material on the website or in the database that violates applicable German law, the company has the right to delete the landlord or his accommodation immediately and without reimbursement of costs.

2.11

If, in the Companys discretion, the Lessor provides inappropriate material or data or misuses the Companys website for purposes for which it is not intended, the Company also reserves the right to delete the Lessor from the site and its database without reimbursement of costs.

2.12

The number of possible top entries per search level is limited to a maximum of 10. There is no entitlement to a place. Not even if a top entry has already been booked and would now like to be extended.

3.1

The offer of the company on the website www.monteurzimmer.de is non-binding. The contract is concluded as soon as the entry of a lessor on the website www.monteurzimmer.de is activated after the company has checked it.
The Company reserves the right, without giving reasons and according to the Company itself, to refuse registration to landlords.

3.2

For listings on the website www.monteurzimmer.de and publication by the company, a contract is concluded for a term of twelve months. The top entry is booked for a period of 1 to 12 months by the Landlord at his discretion as a separate service of the Company and is automatically extended with the renewal of the contract.

3.3

The contract is automatically (tacitly) renewed for a further twelve months unless notice of termination is given no later than four weeks before the end of the contract term.
If no duration of the contractual relationship is specified in the individual order, the contract shall run for twelve months from the date on which the contract comes into effect and a notice period of four weeks shall also apply. The bronze entry can be terminated by the lessor at any time without observing a notice period.

3.4

In the event that the landlord stops business, the same conditions apply with regard to the period of notice and the conclusion of the contract. If the lease was discontinued, it must be terminated in accordance with the contract, otherwise the contract will be extended for another 12 months.

3.5

Notice of termination must be given in writing, i.e. by letter or E-Mail.

3.6

The right to cancel the contract without notice for good cause remains unaffected. Good cause shall be deemed to exist in particular if

• the landlord does not comply with the requirements of § 2 of the GTCs.
• the landlord transfers his existing user account to a third party.
• we are harmed by actions, in particular the services offered by us are abused.
• another important reason exists.

3.7

If Passion 4 Gästezimmer GmbH changes the prices within a current contract period, you have the right to terminate the contract with a notice period of 2 weeks from the time the change takes effect. Passion 4 Gästezimmer GmbH will inform you about any price change by E-Mail. The cancellation must be in text form.

4.1

The Company has the right at any time to change the criteria for ranking the accommodations as well as to add new sorting options (filters). Furthermore, for legal, business or technical reasons, site functions, content and databases may be changed, temporarily suspended or deleted without the Company having to notify the Lessor or become liable in any way.

4.2

Furthermore, the Company has the right to change the design, layout or modes of operation, as well as the structure of the Site at its sole discretion.

4.3

The company does not assume any liability for the correctness of the distance information, location information on the map/town plan as well as the editorial texts on the entire homepage.

4.4

The landlord agrees that the company may publish the pictures provided by the landlord as well as texts and other information for the purpose of marketing the accommodation also on other Internet sites, i.e. may advertise with them. This also applies to advertising purposes outside the Internet.
For this purpose, the landlord grants the company the non-exclusive, worldwide, unlimited, irrevocable, gratuitous right of use in all known types of use with regard to all copyrights, database rights, industrial, intangible or other property rights.

4.5

Errors/errors resulting from the GEO database do not lead to a (legal) claim. This is independent of whether the error is directly attributable to the company or to the data source used.

The prices that apply are those that you see on the companys website at the time the offer is posted by the company. Tax rates in the EU foreign countries may vary. Individual contract deviations are to be recorded in writing (e-mail, mail).
The price for a Silver package is 5,95 €/month VAT incl.
The price for a Gold package is 11,90 €/month VAT incl.
The price for a Platinum package 23,80 €/month VAT incl.
The Bronze package is permanently free of charge. In the event of a possible later change requires the consent of the landlord.
The price for a top entry is competition and demand driven and varies from position to position. The top entry can only be booked in addition to a Silver, Gold or Platinum listing.
For business customers from other EU countries, the reverse charge procedure is applied (reversal of tax liability). Private customers from other EU countries receive a gross invoice with the valid tax rate of their country.

6.1

Payment by invoice and payment by direct debit are available as payment methods.

6.2

In case of payment on account, the invoice amount is to be paid within 14 days after invoicing by bank transfer to the account specified by the company. In case of payment by direct debit, we will collect the outstanding amount from your deposited account. Other payment options may be offered later by the company if necessary. Payments are to be made in advance for the contract period of twelve months after the Company has set the offer. The invoice will be sent to the lessor by e-mail or by mail.
The time of performance is the time of posting the listing on the part of the company, not the time of reading the E-Mail.
In case of early deactivation of the offer of the landlord, amounts paid will not be refunded.

6.3

By selecting the payment method "direct debit" you allow the company to collect the amount due directly from the bank account specified by you.
In doing so, you instruct us to collect the invoice amount from this account. This is the SEPA core direct debit procedure. The collection of the invoice amount takes place 5 bank working days after the order and invoice date. The period for the advance notice (pre-notification) is reduced to 5 days.
In the case of possible subsequent debits for contracts concluded as subscriptions, the invoice amount will be collected on the 5th working day after the invoice date at the earliest.

6.4

In the event of a return debit note for which the lessor is responsible due to lack of funds in the specified bank account, due to objection to our direct debit or incorrect entry of the bank details when selecting the payment method "direct debit", the lessor may have to bear the costs incurred as a result of the payment transaction. Of course, it is possible for the landlord at any time to prove that the charges were lower in the individual case. Then the landlord is also only obliged to pay the lower amount.

6.5

In case of delayed payment the company is allowed to charge a handling fee of 5,-€ plus the legal VAT of currently 19% (corresponds to 5,95€ incl. VAT).
Of course, it is possible for the landlord to prove at any time that the fee was lower in the individual case. Then the landlord is also only obliged to pay the lower amount. If the invoice amount is still outstanding after a payment reminder and a reminder, the customer profile will be completely deactivated after 6 weeks.

6.6

When ordering, you will be asked to provide your VAT ID. If your VAT ID and invoice address in other EU countries including Switzerland are correct, we will create your invoice documents in accordance with § 13b UStG using the VAT reserve procedure. Thus, the VAT liability is reversed and the service recipient is responsible for paying the VAT in his country. The provisions of Article 44 of Directive 2006/112/EC of the European Council apply. If your billing address is in Germany, you will receive your invoice documents plus the VAT currently applicable in Germany.

Any liability for a technically caused data loss, aborted data transmissions or other problems in connection with a server failure or with technical problems on the part of the company is excluded.
The company does its best to achieve the highest possible accessibility. However, it should be noted that constant accessibility is not guaranteed.
The company is entitled to carry out maintenance work. The lessors will be informed about these maintenance works in advance. During the maintenance works the services of the Company are not available.

8.1

The company usually does not act as an agent/broker.
In individual cases, however, the company reserves the right to act as a broker and to pass on inquiries against payment.

8.2

The requests come through direct contacts with other companies and through the demand generated by the site Monteurzimmer.de and possibly other Internet sites, which is directed to the company.
The requests and, if necessary, the conclusion of contracts of the landlords with their customers are caused by the representations of the landlords and the requests of potential customers of the landlords, which are caused by the website of the company www.monteurzimmer.de and, if necessary, other websites.

9.1

The website www.monteurzimmer.de may only be used for the purpose of offering accommodation or searching for accommodation and in accordance with the information offered. Spiders, robots or other means of data retrieval may not be used without written permission. The usual search engines are excluded from this regulation.

9.2

The website www.monteurzimmer.de is considered a database and is protected by copyright.
Landlords may use data such as the e-mail address of other users only for purposes serving the website, i.e. for contact between searchers and providers of accommodation.

9.3

Neither tenant, nor Landlord are allowed to process and/or pass on the data of the website www.monteurzimmer.de. In particular, they are not entitled to use e-mail addresses that can be seen on the site or requested by contact, for mass mailings (not exhaustive) or other commercial as well as private purposes.

10.1

The company is only responsible for intent and gross negligence. Insofar as an attributable breach of duty is based on simple negligence and an essential contractual obligation (obligations whose fulfillment is a prerequisite for the proper execution of the contract, whose breach jeopardizes the achievement of the purpose of the contract and on whose fulfillment you as the customer regularly rely) is culpably breached, our liability for damages shall be limited to the foreseeable damage that typically occurs in comparable cases.

10.2

The company is not liable for incorrect information provided by the landlord. Among other things, equipment features, price information, description texts, photos, contact and address data are checked by the company at its own discretion, but the landlord is liable for the accuracy, if necessary.

11.1

Data protection: Here you will find ourData protection

11.2

By purchasing products or services on our website, you agree to our terms and conditions and privacy policy. Based on this consent and §7 UWG paragraph 3, we reserve the right to regularly send you information about your accommodation and other products via newsletter to the email address provided during your registration.

In this context, the customer approach is based on a balancing of interests which, through the consent and the resulting contractual relationship, protects a legitimate interest of our customers in product and special information about the service.

You can unsubscribe from this information at any time via the newsletters you receive, your customer profile or in writing or by telephone via our service department.

12.1

The image rights of the images used by the company on the site are either owned by third parties or by the company itself. Use of the images whose rights are owned by the company is not permitted without express permission.
The rights of the third party providers are shown either on the image or in the imprint.

12.2

All contents of the website are legally protected. The company must agree in writing in advance to the complete and/or partial duplications, in particular for representations in advertising.
If there is no permission from the company, the reproduction, distribution or publication of content is prohibited.
For a permit in terms of this paragraph, please contact:
service@monteurzimmer.de

The links displayed on the Site and set by the Company are provided to the Users exclusively as references. The Company itself does not control these linked websites and is not responsible for their content. The presentation of links to such Internet sites on Monteurzimmer.de implies neither an endorsement of the material on such Internet sites nor an association with their operators.

The Company will, at its sole discretion, include the Site or the content of the Site on other Internet sites, if applicable. A claim for this form of advertising does not exist.
Likewise, the company is allowed to include advertising from third parties on the site itself.
The site is advertised at the discretion of the company in various ways (for example, but not conclusively by means of Google AdWords ©). A claim to this does not exist.

If the lessor is a consumer when setting his offer and the associated conclusion of the contract, he has a right of withdrawal of 14 days.
Consumers in the sense of § 13 BGB (German Civil Code) are natural persons with whom we enter into business relations without this being predominantly attributable to a commercial or independent professional activity.

Cancellation policy, right of revocation

Revocation form

If you want to cancel the contract, please fill out and return this form.

The Company is entitled to amend the General Terms and Conditions of Business and Use, for example, in the event of court decisions of the highest court jurisdiction, a change in the requirements of the legislator or the conditions of the market.
In this case, the announcement of the change to the landlord is made both on the website www.monteurzimmer.de and by e-mail to the e-mail address specified by the landlord with the notification of a change period of two weeks.
If the Landlord does not object within two weeks after publication (by e-mail and/or presentation on the Website), the amended Terms and Conditions of Business and Use shall be deemed accepted. The Company therefore draws attention to the amendment period and the consequences of the lack of objection by the Landlord in the announcement of the amendment.
The Company is entitled to terminate the contract with the Landlord at the time when the change comes into force in the event of an objection to the Terms and Conditions of Business and Use changed by the Company. If the Company exercises this right, the Landlords content shall be deleted from the Companys database. In this case there are no claims against the Company.

17.1

All contractual relationships established with the Company, unless separately regulated in the GTC, shall be governed by the law of the BGB (German Civil Code).
German law shall apply. The provisions of the UN Convention on Contracts for the International Sale of Goods shall expressly not apply.
This applies to consumers, i.e. natural persons with whom we enter into business relations without this being attributable to a commercial or independent professional activity, but only to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the state in which you have your habitual residence.

17.2

The contract language is German.

17.3

If you have concluded a purchase contract with us as a merchant, legal entity under public law or special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract shall be the registered office of our company.
This shall also apply if you are an entrepreneur and do not have a general place of jurisdiction in Germany or your place of residence or habitual abode is not known at the time of filing an action.

17.4

The place of performance is the registered office of our company, insofar as you conclude a contract with us as a merchant, a legal entity under public law or a special fund under public law.

17.5

Should one or more provisions of these Terms and Conditions of Business and Use be invalid, this shall not entail the invalidity of the entire contract. The invalid provision shall be replaced by the applicable statutory provision.

The main features of the services offered by us can be found in the offer presentations.

Information about the identity of the company and contact details (incl. telephone number)

Monteurzimmer.de
Passion 4 Gästezimmer GmbH
Friedrichstr. 70
10117 Berlin

service@monteurzimmer.de
Tel +49 30 55578454


VAT-ID: DE301978044
location: Berlin, Amtsgericht-Charlottenburg, HRB 166134 B

Authorized Representative Managing Director:
Victoria Tschirch, Stephan Thurm, Simone Kasik und Christoph Rüth

The information about the total price and price calculation you can learn during the ordering process.

For the use of our online offer and the placing of an order, no further costs are incurred beyond the mere use of your Internet access.

4.1 Terms of Payment

The terms of payment result from § 6 of the GTCs.

4.2 Delivery and Service Conditions

The terms of delivery and service result from § 4 of the GTC.

4.3 Date of service provision

5.3.1 Payment by Direct Debit:
Immediately after sending the service order by the customer

5.3.2 Payment by Invoice:
Immediately after sending the service order by the customer

5.1 Customer service and after-sales services

We offer you the possibility to reach our customer service via the following contact options:

service@monteurzimmer.de
Tel +49 30 55578454

Everything can be executed by the customer, the entry creation as well as the entry update. If the customer has difficulties with this, we are happy to help free of charge with e.g.

• the complete creation of entries (If this is not possible for the customer),
• editorial improvements of rough spelling and grammar mistakes
• the revaluation of entries,
• the booking of top entries,
• the adding and updating of:
  • Description of accommodation incl. equipment symbols and pictures
  • Contact details and address data of the landlord
  • Prices incl. price table
  • Social media data

7.1

For listings on the website www.monteurzimmer.de and publication by the company, a contract is concluded for a term of twelve months. The top entry is booked for a period of 1 to 12 months by the lessor at his option as a separate service of the company and is automatically extended with the contract renewal.

7.2

The contract is automatically (tacitly) renewed for a further twelve months unless notice of termination is given no later than four weeks before the end of the contract term.
If no duration of the contractual relationship is specified in the individual order, the contract shall run for twelve months from the date on which the contract comes into effect and a notice period of four weeks shall also apply. The bronze listing can be terminated at any time by the landlord without observing a period of notice.

7.3

In the event that the landlord ceases business, the same conditions apply with regard to the notice period and the conclusion of the contract. If the lease was discontinued, it must be terminated in accordance with the contract, otherwise the contract will be extended for another 12 months.

7.4

Notice of termination must be given in writing, i.e. by letter or E-mail.

7.5

The right to terminate without notice for good cause shall remain unaffected. Good cause shall be deemed to exist in particular if

• the landlord does not comply with the requirements of § 2 of the GTCs,
• the landlord transfers his existing user account to a third party,
• we are harmed by actions, in particular the services offered by us are abused,
• another important reason exists.

8.1

For listings on the website www.monteurzimmer.de and publication by the company, a contract is concluded for a term of twelve months. The top entry is booked for a period of 1 to 12 months by the lessor at his option as a separate service of the company and is automatically extended with the contract renewal.

8.2

The price for a Silver listing is 5,95 €/month VAT incl.
The price for a Gold listing is 11,90 €/month VAT incl.
The price for a Platinum listing is 23,80 €/month VAT incl.
The bronze listing is permanently free of charge. In case of a possible later change, the consent of the landlord is required.
The price for a top entry is competition and demand driven and varies from position to position. The top entry can only be booked in addition to the gold or platinum entry.

The customer has a right of withdrawal if he is a consumer.
Consumers in the sense of § 13 of the German Civil Code (BGB) and the GTC used for the contract are natural persons with whom we enter into business relations without this being predominantly attributable to a commercial or independent professional activity.
The information on the existence, conditions, deadlines and procedure for exercising the right of withdrawal can be found by the consumer in the withdrawal policy.
In addition, he can use the model revocation form for exercising the right of revocation.

10.1

The following restrictions on the provision of the service apply to the service offer:
The company reserves the right to reject entries in retrospect if

• the listings do not comply with our guidelines.
• Doubts exist as to the accuracy of the information provided.
• a general mediation offer is advertised instead of a specific accommodation.
• several locations are advertised in one entry and the description does not refer to the accommodation according to the address.
• no description text is included.
• previous invoices of the landlord have not been paid.
• it is a direct or indirect competitor.
• the advertisement does not correspond to the offer on the portal Monteurzimmer.de, i.e. it is not aimed at the advertised target group or another product/service is advertised.
• Accommodations or locations are entered twice.
• there have been disagreements with the landlord in the past because, for example, incorrect information was used in advertising.
• the accommodations are located in a region for which there is an "exclusive agreement" with a customer. (As of June 2014: applies only to Lübeck and a 32km radius around the center of Lübeck. However, this may be extended to other areas in the future).

The company reserves the right to pause entries during the term if

• the entries do not comply with the companys guidelines.
• Doubts exist as to the accuracy of the information provided.
• a general mediation offer is advertised instead of a specific accommodation.
• several locations are advertised in one entry and the description does not refer to the accommodation according to the address.
• no description text is included.
• the customer has not paid his invoice(s) even after several payment reminders / reminder letters.

10.2

The following means of payment are available:
Payment on account, payment by direct debit

The contract between the Company and the Landlord is concluded in accordance with § 4 of the Companys General Terms and Conditions of Business and Use (see above).

The text of the contract is stored in the company's database system. The General Terms and Conditions of Business and Use can always be viewed by the Lessor on this website. The data of the registration of the user account as well as the General Terms and Conditions of Business and Use are sent to the Lessor automatically by E-mail.

The landlord may at any time correct his data within the framework of the creation of the user account and the setting of the offers.
For this purpose, the landlord can change his details by mouse or keyboard.
In addition, all the information is displayed again before the registration is completed and the offers are posted, giving the lessor the opportunity to make corrections.

Only the German language is available for the conclusion of contracts.