General Terms of Business for the letting of furnished accommodation

1. Agency Contract
In accordance with the following terms of business, fine and mine® GmbH is hereby authorised to confer upon the client the opportunity for the conclusion of a property rental agreement. The contractual form of the tenancy agreement shall be decided by the potential lessee and the lessor. The formulation of entitlements and obligations under the terms of the tenancy shall only be binding in respect of the lessor and the client. No liability for claims arising from the tenancy and from the rental agreement shall be incumbent upon fine and mine® GmbH.

2. Receipt of Offers
Following the receipt of instructions, the client shall receive offers from property lessors who were not previously known to the latter. Where the substance of the offers concerned is already known to the client, the latter shall submit immediate notification to this effect, indicating the source of the information concerned. Failure to provide this information will result in the client paying a penalty to reimburse fine and mine® GmbH for their time. Offers shall be based upon information submitted to the fine and mine® GmbH by the lessors. Consequently, although every care is taken to ensure the accuracy and completeness of this information, no liability can be accepted in respect thereof.

3. Payment of Provision
For the procurement of a rental contract a fee shall be immediately payable in accordance with the scale of commissions set out below plus the current value added tax.

The minimum commission shall be EUR 25.00 plus the current value added tax (VAT). Commenced months shall be calculated to the day. The monthly rent agreed between the accommodation provider and the applicant is the basis for calculation of the provision. The aforementioned rates are due in advance by bank transfer to fine and mine® GmbH or by instructing a direct debit transfer from a German bank. Payments by cash or EC-cards incur a supplementary charge of 1% plus VAT, payments by credit cards incur a supplementary charge of 3.5% plus VAT. Clients who use the arrangement services of the agency for the rental of accommodation on subsequent occasions shall receive a loyalty discount of 5% of the arrangement fee payable in respect of the second arrangement and a loyalty discount of 10% of the arrangement fee payable in respect of the third arrangement.

4. Notification of Confidentiality
The client shall undertake to treat as confidential all offers submitted by fine and mine® GmbH, and shall not disclose the said offers to third parties. Any violations shall cause indemnities. Should a tenancy agreement be concluded further to the unauthorised disclosure of an offer, the client shall be liable for the full amount of the arrangement fee. In case of failure to complete the prompt settlement of the arrangement fee, a reminder fee of EUR 6.00 shall be payable in respect of each reminder. Reminder fees shall not include any bank retransfer fees payable.

5. Obligation to Report
The client shall undertake to submit immediate written or verbal notification to fine and mine® GmbH, of having concluded an agreement with the lessor, and not later than 48 hours following the conclusion of the agreement with the lessor. The collapse or breakdown of contractual negotiations with the lessor shall also be notified to fine and mine® GmbH within 48 hours. The client shall undertake to submit a copy of the rental agreement to fine and mine® GmbH within five days of the conclusion thereof. In case of failure to comply with this time limit, commission shall be determined on the basis of the information supplied by the lessor in their arrangement quotation.

6. Term of Lease and Claim for Commission
The early termination of the tenancy agreement shall not constitute grounds for any claim against fine and mine® GmbH. The entitlement to the full amount of commission due under the terms of the rental agreement as originally concluded shall not be affected by such early termination. The calculation of the agency fee shall be based on the term of lease as stated in the rental offer, if the client does not prove a shorter rental period has been agreed. Should an extension of the rental agreement come to light within one year after conclusion of the present agency contract, the claim for commission is in accordance with the scale of commissions based on the total term of the lease, this shall however be limited to 2 rental payments plus VAT. This also applies to the option of extension. The increased arrangement fee shall be due with the agreement of the extension period. Perception of the period of extension begins from the moment the property is used beyond the initial rental period.

7. Term of the Contract and Notification
The present contract shall be valid for a term of one year, and may be subject to termination by either party at any time, subject to the provision of notice to this effect. Should the client secure a property for rental by other means, without the involvement of fine and mine® GmbH, they shall submit immediate written notification to this effect. In this case, the source of the contract concluded shall be indicated.

8. Liability
Fine and mine® GmbH shall not accept liability for any damages, excepting those arising from gross negligence or wilful breach of contract on the part of fine and mine® GmbH or their agents or concerning the health or injury of the client.

9. Severability Clause
Amendments or additions shall be in writing. The legal invalidity of individual contractual terms shall not affect the validity of the remaining provisions.

10. Place of Fulfillment and Place of Jurisdiction
In accordance with authorisation to this effect, the place of fulfillment shall be Berlin. The place of jurisdiction shall be Berlin if the clients permanent residence is outside Germany and the client is an established merchant.