§ 1 Scope
These General Terms and Conditions (AGB) apply to all contracts between Megative DE GmbH, acting under the brand "Roomember" (hereinafter "Roomember"), and its customers regarding mediation and/or rental services in connection with residential space, short-term accommodation, and worker housing in Germany. Deviating conditions only apply if Roomember has explicitly agreed to them in writing.
§ 2 Services
Roomember mediates rental contracts between landlords and tenants as well as between employers and landlords. The actual rental contract relationship is established exclusively between the mediated parties. Roomember does not act as a party to the rental contract unless explicitly agreed otherwise.
§ 3 Commission · Ordering Principle
When mediating rental contracts for residential spaces, the Bestellerprinzip (Ordering Principle) applies according to § 2 Abs. 1a WoVermRG (Wohnungsvermittlungsgesetz): Commission is owed exclusively by the party that commissioned Roomember to search for a contract partner. An inadmissible transfer of the commission to the other party shall not take place.
The amount of the commission is derived from the individual agreement and, in the case of residential mediation, amounts to a maximum of two net cold rents plus statutory VAT (§ 3 Abs. 2 WoVermRG).
§ 4 Conclusion of Contract
A mediation contract is concluded through the explicit acceptance of a search order by Roomember in text form (e.g., e-mail). Offers on the website do not constitute a binding contract offer.
§ 5 Obligations of the Customer
Customers are obliged to provide complete and truthful information. Creditworthiness and income proofs are only collected upon the explicit request of the landlords and with consent. Non-discriminatory application within the meaning of the AGG (Allgemeines Gleichbehandlungsgesetz) remains unaffected.
§ 6 Liability
Roomember is liable without limitation for intent and gross negligence as well as for damages resulting from injury to life, body, or health. In the case of slight negligence, Roomember is only liable for the breach of essential contractual obligations (cardinal obligations) and limited to the contract-typical, foreseeable damage. No liability is assumed for the success of the mediation (in particular for the conclusion of a rental contract).
§ 7 Right of Withdrawal for Consumers
Consumers are entitled to a statutory right of withdrawal for mediation contracts concluded via distance communication. Details are regulated in the Cancellation Policy.
§ 8 Data Protection
The processing of personal data is carried out in accordance with our Privacy Policy and applicable data protection laws.
§ 9 Applicable Law · Place of Jurisdiction
German law applies under exclusion of the UN Sales Convention. For consumers, mandatory consumer protection regulations of the state of their habitual residence continue to apply. The place of jurisdiction for merchants is Berlin.
§ 10 Severability Clause
Should individual provisions of these AGB be invalid, the validity of the remaining provisions shall remain unaffected.