If you have any questions, please feel free to contact me by phone or e-mail: Tel.: 089 340 823-21 | dietmar.schlueter@mrlodge.de
Dietmar Schlüter
Deputy Managing Director
Authorized Signatory
In-House Counsel
with information on right of revocation and with standard revocation form as well as consumer information pursuant to § 36 of the German Consumer Dispute Resolution Act (VSBG)
1.1. The Landlord commissions Mr. Lodge GmbH (hereinafter referred to as "Mr. Lodge") with the rental of one or more apartments. If a lease agreement is concluded as a result of the referral or brokerage activities of Mr. Lodge, the Landlord shall pay a brokerage commission to Mr. Lodge.
1.2. The Landlord's order requires acceptance by Mr. Lodge to be effective, either in text form or implied by the provision of services in accordance with these GTC.
1.3. Following prior approval by the Landlord, Mr. Lodge shall publish an apartment exposé with photos taken by Mr. Lodge on www.mrlodge.de and other relevant real estate portals. The exposé serves as a binding template for the marketing and rental of the apartment.
1.4. The Landlord shall provide Mr. Lodge with the corresponding energy certificate (energy demand or energy consumption certificate) prior to the publication of the exposé. Exception: Buildings under monument protection (listed buildings).
1.5. Mr. Lodge performs the pre-selection of prospective tenants and establishes contact between the prospective tenant and the Landlord. If the proof of or the brokerage of this contact leads to the conclusion of a lease agreement, the brokerage is subject to a commission fee for the Landlord.
1.6. The following services from Mr. Lodge are included in the brokerage commission: Marketing of your apartment to find tenants on various portals, tenant screening (including self-disclosure and mandatory Schufa credit check), and drafting of the lease agreement (a form in English is also available if required).
1.7. Upon request and subject to availability, Mr. Lodge also provides additional services such as e.g. apartment handovers, apartment returns, drafting the landlord confirmation (Wohnungsgeberbestätigung), drafting contract extensions, and organizing cleaning. These services are subject to a fee for the Landlord (see Section 2.2, Additional Services). The Landlord has no legal claim to the booking of one or more additional services.
2.1.1 The landlord pays a commission to Mr. Lodge when renting the property to a tenant identified by Mr. Lodge. It amounts to 215.99% of one month's rent, including 19% VAT. The basis for calculating the commission is the total monthly rent including ancillary and special costs (e.g. underground parking and internet).
2.1.2 The commission is calculated on a daily basis according to the following scale, depending on the total rental period. If the tenancy is initially less than 11 months and the tenancy is continued beyond the initial rental period, Mr. Lodge will charge the partial or remaining commission that has not yet been settled. The landlord pays no more than a total of 1.85 months' rent, including 19% VAT, per brokerage. The scale is to be regarded as an advance payment on the agreed total commission:
| Total rental period | Net Commission | Gross Commission* |
| From 1 month | 16.50 % | + 19 % VAT = 19.64 % of one month's rent |
| Up to 2 months | 33.00 % | + 19 % VAT = 39.27 % of one month's rent |
| Up to 3 months | 49.50 % | + 19 % VAT = 58.91 % of a monthly rent |
| Up to 4 months | 66.00 % | + 19 % VAT = 78.54 % of one month's rent |
| Up to 5 months | 82.50 % | + 19 % VAT = 98.18 % of one month's rent |
| Up to 6 months | 99.00 % | + 19 % VAT = 117.81 % of one month's rent |
| Up to 7 months | 115.50 % | + 19 % VAT = 137.45 % of one month's rent |
| Up to 8 months | 132.00 % | + 19 % VAT = 157.08 % of one month's rent |
| Up to 9 months | 148.50 % | + 19 % VAT = 176.72 % of one month's rent |
| Up to 10 months | 165.00 % | + 19 % VAT = 196.35 % of one month's rent |
| From 11 months | 181.50 % | + 19 % VAT = 215.99 % of one month's rent |
*calculated with the applicable VAT, currently 19%
2.1.3 If the cold rent (Kaltmiete) is used as the basis for the commission, the Landlord pays a commission of 200% of one month's rent plus 19% VAT (i.e., 2.38 months' rent incl. 19% VAT) to Mr. Lodge. A commission scale is not granted in this case.
2.1.4 The commission becomes due upon the conclusion of a verbally or written agreed tenancy and is to be paid according to the invoicing.
Mr. Lodge GmbH offers - subject to availability - additional fee‑based services to landlords, in the form of service packages; see the detailed information provided at Current cost overview.
Landlords are not entitled to have Mr. Lodge GmbH accept their order for an additional service.
3.1. The Landlord is obliged to inform Mr. Lodge immediately if they have concluded a verbal or written lease agreement with a tenant referred to them by Mr. Lodge. This notification must be made without delay, at the latest within 24 hours after the conclusion of the contract. Mr. Lodge has the right to inspect a concluded lease agreement.
3.2. The Landlord is obliged to inform Mr. Lodge immediately if an extension of the tenancy beyond the original period is intended.
If the Landlord is not the owner of the apartment, they must prove to Mr. Lodge that they are explicitly authorized to sublet. The Landlord is liable to Mr. Lodge and the tenant referred by Mr. Lodge for all costs incurred by them due to unauthorized subletting.
5.1. If the Landlord offers the apartment privately, through another broker, or in any other way after the exposé has been published on www.mrlodge.de, they must notify Mr. Lodge of this immediately in text form.
5.2. The Landlord undertakes not to create any links to the exposé published by Mr. Lodge in media or on websites.
5.3. In the event of a violation of Section 5.1 or 5.2, Mr. Lodge may demand reasonable compensation for the lost commission.
6.1. The referral and brokerage commission of the Landlord applies indefinitely for the successive rental of the apartment and is not terminated by a successful rental through Mr. Lodge.
6.2. The Landlord may terminate the commission at any time without notice; however, if the photo appointment with Mr. Lodge has already taken place, termination by the Landlord is excluded for a period of 4 weeks from the date of the photo appointment.
6.3. Mr. Lodge may terminate the commission relationship at any time without notice.
6.4. Notice of termination must be in text form.
6.5. If a prospective tenant was referred prior to the termination of the commission, any subsequent conclusion of a lease agreement with the prospective tenant referred by Mr. Lodge remains subject to commission.
Mr. Lodge holds the sole usage rights to the photo, video, and floor plan material created by Mr. Lodge. Mr. Lodge is entitled to publish this material on the internet and also to use it for its own advertising purposes.
8.1. The Landlord and Mr. Lodge work together on the basis of mutual trust. Therefore, the Landlord will not use the tenant contacts brokered or referred by Mr. Lodge for their own rentals by bypassing Mr. Lodge, nor will they pass them on to other landlords. In the event of a culpable violation, the Landlord is liable for the amount of commission that Mr. Lodge lost due to the unauthorized use or disclosure of the data.
8.2. If the tenant brokered by Mr. Lodge is not the occupant of the apartment (e.g., if rented by a company for an employee), a takeover of the tenancy by the occupant does not release the Landlord from the obligation to pay commission (further partial or residual commission) if the total commission for the brokerage of the apartment has not yet been reached.
8.3. If Mr. Lodge has already established contact between a prospective tenant and the Landlord or has brokered a tenant, the Landlord shall immediately notify Mr. Lodge of any further inquiries from this prospective tenant or tenant for additional tenancies (e.g., for other employees or new rental periods). This also applies if additional interested parties are introduced to the Landlord by the prospective tenant or tenant (e.g., colleagues). In the event of a rental resulting from these further inquiries, a commission obligation arises for the Landlord, provided the inquiries relate to apartments of the Landlord that have already been referred to the aforementioned prospective tenant or tenant by Mr. Lodge or that Mr. Lodge already had actively in its portfolio at the time of the inquiries. A commission obligation also arises if the rented property is equivalent in size, standard, and price to the apartment referred or already in Mr. Lodge's portfolio, but has not yet been offered by Mr. Lodge.
9.1. The data of the Landlord and the apartment (name, contact details, apartment data) will be treated confidentially by Mr. Lodge and only passed on to prospective tenants (or their representatives or agents) who are looking for an apartment through Mr. Lodge.
9.2. The Landlord undertakes to treat the data of prospective tenants received from Mr. Lodge (name, contact details, information on employer, etc.) confidentially and not to pass it on to third parties, unless disclosure is legally mandatory for the Landlord. The Landlord's obligation to data protection remains unaffected by a termination of the commission.
If the Landlord is aware of ongoing or planned significant construction measures at their rental property, in the building where the apartment is located, or in adjacent buildings, they shall inform Mr. Lodge of this when placing the order. Should the Landlord learn of ongoing or planned construction measures after placing the order, they will immediately pass this information on to Mr. Lodge.
11.1. Mr. Lodge is not liable for the absence of a prospective tenant ready to conclude a contract.
11.2. Mr. Lodge does not guarantee the constant availability of its website www.mrlodge.de and is not liable for the availability, content, and accuracy of the websites linked to on www.mrlodge.de.
11.3. The obligations under the lease agreement apply solely to the Landlord and Tenant. Mr. Lodge is not a party to the lease agreement and is not liable to any of the contracting parties for claims arising from the lease agreement. Mr. Lodge is not liable for damage to the rented property resulting from the rental.
11.4. Mr. Lodge assumes no liability for the creditworthiness or incorrect information of the prospective tenant. Any liability of Mr. Lodge in the event that rentals do not materialize is expressly excluded.
If the Landlord is a consumer within the meaning of consumer protection law, they have a right of revocation regarding their brokerage agreement with Mr. Lodge.
Right of Revocation
You have the right to revoke this contract within fourteen days without giving any reason. The revocation period is fourteen days from the date of the conclusion of the contract. To exercise your right of revocation, you must inform us, Mr. Lodge GmbH, Barer Str. 32, 80333 Munich, Germany, Phone: +49 (89) 340823-21, Fax: +49 (89) 340823-23, E-Mail: info@mrlodge.de, by means of a clear statement (e.g., a letter sent by post, fax, or e-mail) of your decision to revoke this contract. You may use the attached standard revocation form (see bottom of page), but it is not mandatory. To meet the revocation deadline, it is sufficient for you to send your communication concerning your exercise of the right of revocation before the revocation period has expired.
Effects of Revocation
If you revoke this contract, we shall reimburse to you all payments received from you, including delivery costs (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than fourteen days from the day on which we are informed about your decision to revoke this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
If you requested that the services begin during the revocation period, you shall pay us a reasonable amount which is in proportion to what has been provided until you have communicated us your revocation from this contract, in comparison with the full coverage of the contract.
Mr. Lodge has the right to make changes to the GTC at any time and without prior consultation. Changes will be published on the website and announced to the Landlord via e-mail. If the Landlord continues to use the services of Mr. Lodge or does not object within 2 weeks after notification, this shall be deemed as consent.
For Landlords who are not consumers but entrepreneurs within the meaning of consumer protection law or commercial law, the following agreement applies: Should any of the above provisions be or become invalid in whole or in part, this shall not affect the validity of the remaining part of the provision or the other provisions. The Landlord and Mr. Lodge undertake to apply a regulation in place of the invalid provision that comes closest to the original intent and does not run counter to the rental commission.
15.1. German law shall apply to the Landlord's rental commission.
15.2. The place of jurisdiction is Munich, provided the Landlord is a merchant, a legal entity under public law, or a special fund under public law, or has their residence outside of Germany.
Appendix: Standard Revocation Form
(If you want to revoke the contract, please fill out this form and send it back.)
To:
Mr. Lodge GmbH
Barer Str. 32
80333 Munich
Munich, Germany
Fax: +49 (89) 340823-23
E-mail: info@mrlodge.de
I/we (*) hereby revoke the contract concluded by me/us (*) for the provision of the following service:
Ordered on (*)/received on (*)
Name of the consumer(s)
Address of the consumer(s)
Signature of the consumer(s) (only if notified on papaer)
Date
______________
(*) Delete as appropriate.
We are not willing and not obliged to participate in a consumer dispute resolution procedure, except for the procedure of the IVD Ombudsstelle.
You can reach the IVD Ombudsstelle at: Ombudsmann Immobilien IVD/VPB - Grunderwerb und Verwaltung, Littenstr. 10, 10179 Berlin, E-mail: info@ombudsmann-immobilien.de, Fax: +49 30 / 27 57 26 78.