General Terms and Conditions
for the use of the platform www.euhabitat.com
These general terms and conditions apply to all legal relationships between the Rheindomus UG – hereinafter referred to as RDUG – and the user of the platform “euhabitat” – hereinafter referred to as “user” within the framework of the use of the platform (hereinafter referred to as “platform”).
1. Services of RDUG
1.1. RDUG offers a platform at www.euhabitat.com for providers and tenants of rental offers. These third-party providers post their rental offers to the platform and these can be viewed by users (prospective tenants) according to various criteria, e.g. be selected by city, rental budget. If there is interest in one of the offers, the prospective tenant’s request will be forwarded directly to the respective provider. RDUG assumes no liability for the content of third parties and contracts with third parties – see also point 4.
2. Users who offer listings (providers)
2.1. Providers who advertise on our platform only post serious real estate offers, carefully check the property data and information transmitted to the platform and deactivate them immediately if the offered property is no longer available.
2.2. Only listings from the company’s own marketing portfolio for which there is a direct marketing order may be offered. The commercial resale of advertising spaces and quotas is expressly not permitted. Account use or account sharing by third parties is also not permitted.
2.3. Offer designs that serve the sole purpose of attracting the attention of prospective customers are considered to be misuse, e.g. incorrect property data, multiple settings of the same property or synopsis are misused as advertising space for your own company.
2.4. Failure to observe the above points can lead to the immediate deactivation of all offers of the provider.
2.5 The rights of the provider from the contract with RDUG are not transferable.
3. Listing requests from users (prospective tenants)
3.1. Property and contact inquiries from prospective tenants are only forwarded by RDUG to the advertising agency. The data will not be passed on to third parties by RDUG unless the user expressly agrees.
3.2. Certain services of the euhabitat platform (e.g. “favorites”) require registration on the euhabitat website. Only legal and adult users are allowed to register.
3.3. When registering, the user enters their email address and password. Our information on data protection applies.
3.4. The passwords must be kept secret and not passed on to third parties.
4. Responsibility for content
4.1. The provider is responsible for the content posted by him. In particular, he is responsible for ensuring that the content is not illegal and does not infringe any third party rights (e.g. copyrights or trademark rights). RDUG is not obliged to verify whether the content posted affects the rights of third parties or violates legal regulations.
4.2. The user is obliged to correct or delete the content provided by him if it does not meet the requirements for the design of advertisements.
4.3. The user must also ensure that files transmitted by him do not contain viruses or comparable harmful programs.
4.4. Should RDUG be used by third parties due to the violation of third party rights and other legal violations due to the contractual use of the content of the user, the user will indemnify RDUG from these claims and will offer RDUG the necessary support and the necessary costs for legal defense take over legal defense for RDUG.
5. Rights to the website, platform and database
5.1. RDUG is the holder of the rights to the content of the website and the database. All copyrights, trademarks and other protective rights to the database work, the database and the content, data and other elements set here are the exclusive property of RDUG; any rights of the user to the content posted by him remain unaffected.
5.2. The user may not use the data obtained by querying, in whole, in part or in part, to set up their own database in any media form and / or for commercial data utilization or information provision and / or for any other commercial utilization.
5.3. Linking, integration or other linking of the database or individual elements of the database to other databases or meta databases is not permitted.
6. Personal information
RDUG does not offer its own rentals on euhabitat.com, but from agencies as providers. In the case of rental and contact inquiries, these are forwarded to the relevant agencies and processed by them. Our service as a platform operator is, in particular, arranging contacts between rental provider/agencies and prospective tenants. This is done, among other things, by passing on certain contact information you have entered, which enables the users (agencies and tenants) to immediately start negotiations with each other. See our privacy statement for further information.
6.1.We only use your personal information in the case of rental requests within RDUG and only pass them on to third parties insofar as this is necessary for the successful placement of accommodation. Third parties in the aforementioned sense are potential landlords and their agents, e.g. agency.
6.2. Insofar as we are legally obliged to do so or by court order, we will transfer your data to bodies entitled to information.
6.3. RDUG is entitled to use the personal data of the user received in connection with the establishment of the contract without further consent for the following purposes: for advertising and / or market and opinion research for our own services by mail or email. Further information is available online under data protection.
7. Warranty and liability
7.1. RDUG assumes no liability for the correctness and completeness of the information and statements made by users, and for the identity and integrity of the users.
7.2. The content or advertisements on the platform are third-party content for RDUG. Section 8 (1) of the Telemedia Act (TMG). The legal responsibility for this content therefore lies with the person who has entered the content into the database.
7.3. RDUG does not guarantee against technical defects, in particular
for the constant and uninterrupted availability of the database and its contents or for the complete and error-free reproduction of the user in the database set content.
7.4. RDUG is only liable for data loss and the cost of useless data entry within the scope of the above provisions to the extent that could not have been avoided even if the user had backed up the data available to him in the latest processing status in machine-readable form. Any contributory negligence on the part of the user must be taken into account.
7.5. The user is particularly obliged to check the correctness of his transmitted data at least by a one-time search query.
7.6. In the event of intent or gross negligence as well as a guarantee, liability in the event of injury to life, limb or health is also unlimited. In the event of a slightly negligent breach of essential contractual violations, liability is limited to property and financial losses attributable to the foreseeable, typically occurring damage; any further liability for damages is excluded except for claims under the Product Liability Act.
7.7. The aforementioned limitations of liability also apply to the respective vicarious agents of RDUG
8. Remuneration and reluctance to perform
The prices and products for the individual RDUG services are based on the current pricing list. In the direct debit procedure, RDUG does not collect the amounts from the account mentioned before the day after receipt of the invoice; for payments by invoice, these are due immediately after receipt of the invoice. In the event of a delay in payment, RDUG reserves the right to suspend its own contractually agreed services until receipt of payment and to further charge reminder / collection costs
RDUG can change these terms and conditions at any time. The current version is available on the website euhabitat.com.
10. Settlement procedure
We are not obliged to participate in a dispute settlement procedure before a consumer arbitration board and are generally not prepared to do so. The European Commission provides information at http://ec.europa.eu/consumers/odr/ a platform for online dispute resolution (OS). .
If you, as a consumer, order a service for a fee, you have the following right of cancellation: You have the right to cancel this contract within fourteen days without giving any reason. The cancellation period is fourteen days from the day the contract is concluded. To exercise your right of withdrawal, you must contact us via
Am Giebel 9-11
by means of a clear explanation – e.g. a letter or email sent by post – informing you of your decision to cancel this contract. To meet the cancellation deadline, it is sufficient for you to send your communication regarding your exercise of the right of cancellation before the cancellation period expires.
Consequences of cancellation
If you cancel this contract, we have to repay all payments we have received from you immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this repayment, we use the same means of payment that you used in the original transaction, unless expressly agreed otherwise with you; in no case will you be charged fees for this repayment. If you have requested that the services should start during the cancellation period, you have to pay us a reasonable amount, which is the proportion of the services already rendered in the service up to the point in time when you inform us of the exercise of the right of cancellation with regard to this contract Compared to the total scope of the services provided in the contract.
You can use the following form to withdraw your consent:
Am Giebel 9-11
Hereby I / we () cancel the contract concluded by me / us ()
on the purchase of the following goods () / provision of the following service ():
Name of the consumer (s):
Address of the consumer (s):
Signature of the consumer (s) (only for notification in paper form):
(*) Delete where inapplicable
10. Final provisions
The legal relationships between RDUG and the user are subject to the law of the Federal Republic of Germany to the exclusion of the UN Sales Convention. For consumers, this choice of law only applies insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer is habitually resident. The place of jurisdiction is Düren, insofar as the user is a merchant or a legal person under public law or a special fund under public law. The same applies if the user has no general place of jurisdiction in Germany or the EU or if his place of residence or habitual residence is not known at the time the lawsuit is filed. The authority to also call the court at another legal place of jurisdiction remains unaffected.
Last updated January 2020