Terms of service

GTC

§ 1 General scope of application and contractual relationships

1. the following General Terms and Conditions (hereinafter referred to as "GTC") apply to the rental of temporary premises (private and commercial premises, e.g. halls, rooms, offices, meeting rooms, plots of land, boats, etc., hereinafter referred to collectively as the "Rental Premises"). "Locations") via the portal www.locationhero.de (hereinafter referred to as "LOCATIONHERO"), by Locationhero GmbH, Köpenicker Straße 101, 10179 Berlin, Germany, registered in the commercial register of AG Berlin- Charlottenburg under HRB 184215 B, represented by its managing director Arne Weingart, as the operator of LOCATIONHERO (hereinafter referred to as "LOCATIONHERO"). "we").

2) LOCATIONHERO enables interested tenants (hereinafter referred to as "Tenant" ) to find suitable landlords or agents (so-called partner scouts) of locations (hereinafter referred to as "Landlords" ) for temporary use of any kind and for any occasion (e.g. photo shoots, film shoots, workshops, meetings, weddings, receptions, conferences, parties, etc.). We ourselves are not the landlord of the locations arranged via LOCATIONHERO. The rental is carried out exclusively by the respective landlord. For this purpose, a separate contract is concluded between the Lessee and the Lessor. The Landlord may use his own General Terms and Conditions, which apply to the contract. It follows that all claims arising from and in connection with the Lessor, the use of the location and the contract between the Lessee and the Lessor are to be asserted exclusively between the Lessee and the Lessor (cf. § 9).

3. in individual cases, and only in the case of locations designated by us as "exclusive", we also act as the lessor of the location in addition to the arrangement of the location regulated by these GTC. If this is the case, all details of the rental are regulated in a separate rental agreement concluded between us and the tenant.

4. by clicking on the button "I have read and agree to the General Terms and Conditions", it is confirmed that these GTC have been taken note of and are accepted as binding. The current version of the GTC can be accessed at any time on the website www.locationhero.de/agb as a separate menu field. In the event that the user uses his own, different GTC, these shall not become part of the contract unless we have agreed to them in writing.

5 LOCATIONHERO is available to both entrepreneurs and consumers within the meaning of the German Civil Code (BGB). Consumers only have a right of withdrawal in accordance with § 12 and are informed in accordance with § 13 of the refusal to participate in dispute resolution proceedings before a consumer arbitration board.2 / 12

§2 Registration / Conclusion of contract

1. registration is required to use LOCATIONHERO (see § 2 No. 3). This applies to both Tenants and Landlords. Registration and the LOCATIONHERO search function are free of charge. With regard to the chargeable services, reference is made to § 2 para. 5, 6 as well as § 3 and § 4.

2. there is no claim against us for registration as a user of LOCATIONHERO. We expressly reserve the right not to register individual and/or several Tenants and/or Landlords at our own discretion. We are entitled, but not obliged, to check location information provided by Landlords and reserve the right to block access to LOCATIONHERO or to activate locations for online access only after verification. In the event of a review, we must be granted access to the locations after prior notification and appointment. If an inspection is refused, we can immediately block access to LOCATIONHERO.

3. to register, you must register once using the corresponding input field at www.locationhero.de, truthfully stating your e-mail address and a password of your choice. Once you have registered, we will send you an e-mail with a link to confirm your registration. You can then use this access data (user name, password) to log in to www.locationhero.de. Reference is made to § 8.

4. insofar as locations are advertised on LOCATIONHERO and their rental is promised, this is legally only a non-binding invitation to you to submit an offer to conclude a rental agreement ("invitatio ad offerendum"). We do not guarantee that the location can be booked for the requested period. As an intermediary, we forward your offer to the respective landlord, who is free to accept or reject your offer or to make you a new offer. LOCATIONHERO - with the exception of § 1 para. 3 - does not become a party to these rental contracts, but acts only as an intermediary between the users, and can therefore not be held liable for their fulfillment (see § 9).

5. if you ask us for a location to forward your offer to conclude a rental agreement (cf. § 2 para. 4) to the respective landlord (hereinafter referred to as "booking request"), this is subject to a fee and an option fee is charged for each individual booking request in accordance with § 3, which is incurred by clicking on the "order with obligation to pay" button. We do not guarantee that a rental agreement will be concluded between landlord and tenant as a result of a booking request. Preliminary viewings are also subject to a fee in accordance with § 3. In order to ensure that your booking request is processed as smoothly as possible, we ask you to provide us with information for forwarding to the landlord by completing the mandatory fields.

6. if a rental agreement is concluded between the tenant and the landlord for a location advertised via LOCATIONHERO (hereinafter referred to as "Booking"), this is subject to a fee and a commission will be charged in accordance with § 4. 3 / 12

§3 Option fee, viewing fee

1. for each individual booking request (see § 2 para. 5), the tenant pays us an option fee of EUR 30 (net plus VAT), provided that the requested location is available in the period specified in the booking request. If the corresponding location is subsequently booked, the option fee is waived (see § 4 para. 7). If other locations are also requested but not booked, the option fee must be paid for these other locations.

2. for each individual viewing (cf. § 2 para. 5), the Lessee shall pay us a viewing fee of EUR 60 (net plus VAT) per hour commenced.

3. the due date of the option fee and the processing of payments are regulated in more detail in § 5 of these GTC.

§4 Agency commission for bookings and follow-up bookings

1. agency commission

a) Calculation basis

The basis for calculating our brokerage commission (see below) is the cumulative rent. To determine the cumulative rent, all contractually agreed rental payments made by the tenant to the landlord are added together, which are incurred if the rental agreement is fully executed over the intended period.

b) Agency commission

The agency commission is 20% of the cumulative rent, at least EUR 400 (plus VAT) per booking.

c) Entitlement to agency commission

Our claim to the agency commission arises, uniformly for the entire duration of the tenancy, upon conclusion of the tenancy agreement between the tenant and the landlord. Agreements deviating from this, in particular discounts on our brokerage commission, must be agreed with us in writing in advance in individual cases and are generally only possible from a rental period of 3 full rental days. The due date of the commission and the processing of payments are regulated in more detail in § 5 of these GTC.

2. landlords and tenants undertake to notify us immediately of the conclusion of the rental contract and not to conclude rental contracts for locations listed with LOCATIONHERO by circumventing us and/or the commission obligation pursuant to § 4.

3. if the landlord and tenant agree an increase in the rent or a temporary extension of the rental agreement after the conclusion of the rental agreement, they must notify us of this immediately. In such cases, our commission claim shall be recalculated in accordance with § 4 (1)4 / 12. Rent deferrals, reductions or reductions have no effect on the amount of the commission claim. Furthermore, the landlord and tenant may amend a rental agreement concluded directly between them at any time. Even in this case, the tenant may not invoke such contractual changes against us, which would reduce our commission in accordance with § 4 of these GTC.

4. the landlord and tenant must also notify us immediately of any (premature) termination of the tenancy agreement. Such termination shall not affect the commission payable to us by the tenant in accordance with § 4. In this case, the due date of this commission shall also be determined in accordance with § 5 of these GTC.

5 Follow-up bookings: If, following a booking, a further booking of the location is made between the Lessor and the Lessee within twelve months of the conclusion of the rental agreement, we must be notified immediately. For each subsequent booking, the agency commission according to §4 para. 1 shall apply.

6. the landlord and the tenant shall be jointly and severally liable for all damages (including loss of profit) incurred by us as a result of a breach of the duty of disclosure pursuant to § 4 (2), (3), (4) and/or (5). In addition, we are entitled to block Landlord's and Tenant's access to LOCATIONHERO for an unlimited period of time.

7. if the agency commission pursuant to § 4 is incurred for an individual location, any option fee paid pursuant to § 3 shall be offset against this (i.e. the agency commission shall be reduced by the option fee paid). Any option fees incurred for other requested locations that are not booked shall remain valid (see § 3).

8. after a blocking (cf. also § 8), we reserve the right to reactivate the person concerned (landlord and/or tenant) for the use of the portal only after all our outstanding remuneration and/or other claims have been settled. In special cases, we further reserve the right to reactivate the person concerned for further use only after payment of a security deposit.

§5 Payment processing

1. we shall collect the agreed option fee, viewing fee (§ 3) and/or the agreed agency commission (§ 4) from the tenant via the payment method specified by the tenant - if necessary via a payment service commissioned by us (e.g. Paypal). The tenant hereby agrees to the collection of payment. The option fee, viewing fee and/or agency commission shall be due immediately without deduction upon receipt of the invoice.

2. if the tenant is in arrears, we may charge interest on arrears at the statutory rate.

3. if the collection fails and the tenant does not pay even after receiving a reminder, we can demand a reminder fee of EUR 40.00 for the third reminder, unless the tenant proves that we have incurred less damage. This shall not affect our right to claim further damages caused by default.

4. if the hirer has objections to our invoices, these must be raised in writing within 14 days, but at the latest after receipt of the first reminder. After expiry of these deadlines, the invoices shall be deemed to have been accepted.

5. we may block tenants who are in default of payment at any time until payment has been made, without this giving rise to any claims for damages on the part of the tenants.

6 With regard to the payment services provided, their respective General Terms and Conditions shall apply. In addition, the fees of the payment services are charged separately.

§6 Special obligations and guarantees of the lessor

1. the Landlords guarantee to us that they are fully authorized to offer the locations they have posted on LOCATIONHERO (including temporary locations) for rent, whether as owner, authorized tenant, agent (partner scout) or otherwise.

2. for the period from the booking request to the booking, the Landlord is obliged not to accept any other requests from other sites (regardless of whether via LOCATIONHERO or third parties) for the period discussed. Should the Landlord receive other inquiries in the meantime, he is obliged to inform us immediately by telephone or email so that further action can be mutually agreed.

3. should a collision of tenants occur for any reason - despite the obligation under clause 2 - we must be informed immediately. Our claims to remuneration in accordance with § 4 and § 5 shall remain unaffected by this and shall continue to exist in any case. We reserve the right to block access to LOCATIONHERO immediately.

4. the Landlords are entitled to remove an advertised location from LOCATIONHERO at any time without giving reasons (cf. § 8 para. 4). This shall not affect any rental agreements already brokered by LOCATIONHERO and our claim to remuneration based on their brokerage in accordance with § 3 and § 4. Reference is made to § 4 para. 4.

5.landlords have the option of posting contact details, description texts, photos, videos and/or other data etc. about the location via their user account in order to provide interested tenants with as comprehensive and accurate an impression of the location as possible.

6. if a landlord offers his location for shootings but does not wish to make the location information (e.g. pictures etc.) available online, a separate agreement must be concluded with us. If such a separate agreement is concluded, the location information will be included in the LOCATIONHERO database, but the location will be "offline" (not available for the search in the frontend). The location information is only released to customers on request and is password-protected.

7. furthermore, § 8.6 / 12 applies to Landlords

§ 7 Special obligations and guarantees of tenants

1. the Tenant undertakes to handle all communication with the Landlord via LOCATIONHERO and to refrain from contacting the Landlord directly without our prior consent.

2. all rights to the materials made available to the tenant from and in connection with the location (e.g. photos, videos, etc.) belong to the landlord and/or us. The Lessee is therefore not entitled to exploit the materials provided (e.g. to copy them, post them on the Internet, etc.) without the prior consent of the Lessor and us. Disclosure of the information contained in the materials, in particular addresses, personal information etc., to third parties is not permitted and requires the prior consent of the landlord and us.

3. if individual and/or several of the obligations in § 7 are not complied with, we are entitled to block the tenant's access, to terminate any contractual relationship extraordinarily and without notice and, in the event of fault, to claim damages.

4 In addition, § 8 applies to tenants.

§ 8 Obligation of all users of the platform (landlords, tenants, etc.)

1. to ensure the proper functioning of LOCATIONHERO, each user (e.g. landlord, tenant, etc.) must comply with the following duties of conduct. A user is obliged to

(a) to provide complete and truthful information for necessary registrations and other queries required to achieve the purpose of the contract (e.g. tenants when providing their contact details, e.g. when posting a location), (

b) to refrain from registering a second time with LOCATIONHERO (prohibition of double registration for the User),

(c) in the event of a subsequent change to the requested data, to correct it immediately in the administration function provided for this purpose,

(d) to ensure that his/her user name (e-mail address) and the corresponding password are not made accessible to third parties,

(e) to prevent any use of the services of LOCATIONHERO under his own user account by third parties,

(f) to refrain from using automatic presetting functions for the password and to notify LOCATIONHERO immediately if there is any misuse of the password or the user account or if there are any indications of imminent misuse.

2. for all content such as texts, data, photos, videos (hereinafter referred to as "Content") that a user transmits to us is the sole responsibility of the user. The content is not checked by us before placement and does not represent our opinion. This is not our own content, but third-party content from LOCATIONHERO users. We reserve the right, but are not obliged, to check the transmitted content in individual cases (see also §§ 6, 7).

3. it is the responsibility of each user to ensure that the content transmitted and/or the statements made are lawful, in particular that they do not violate applicable laws and do not infringe the rights of third parties. In particular, each user undertakes vis-à-vis LOCATIONHERO to ensure that the content transmitted and/or the statements made do not violate civil, criminal and/or public law provisions, in particular copyright law, competition law, trademark law and other industrial property rights, the personal rights of third parties and the law for the protection of minors. In particular, it is prohibited to transmit content and/or make statements that in particular:

  • - are offensive, defamatory, threatening, obscene and harassing, - are racist, national socialist or serve illegal purposes, - glorify and/or trivialize drugs,
  • - glorify and/or trivialize war or violence,
  • - offend common decency, good manners or good etiquette, - are grossly offensive,
  • - are of a pornographic or sexual nature,
  • - are harmful to minors,
  • - are extremist,
  • - promote a terrorist or extremist political organization,
  • - incite to commit a criminal offense,
  • - contain defamatory statements,
  • - are punishable or otherwise unlawful,
  • - link to illegal content, or
  • - contain party or party-political propaganda.

4. by submitting content, each user assures that he/she has the necessary rights of use for the publication of this content on the Internet, in particular the publication via LOCATIONHERO. In addition, each User warrants and represents that the Content transmitted by him/her is not encumbered with third-party rights. In particular, before transmitting an image or video file, all Users must ensure that they are entitled to the necessary rights of use (such as in particular (but not exclusively) names, trademarks, designs, industrial property rights, copyrights, personal rights, etc.) to the photo/video or file for unrestricted use in terms of content, time and place, in particular for reproduction, distribution and/or making available to the public via LOCATIONHERO.

By submitting Content, all Users grant LOCATIONHERO the irrevocable, transferable right to reproduce, distribute, publish, exhibit, make publicly accessible, modify, translate and store the Content without restriction as to time or place. This includes the right to edit and design the Content, to adapt it to the file formats required for use and to change and/or improve the display quality, as well as the right to advertise, i.e. the right to use the Content for advertising purposes. This granting of rights of use shall continue beyond the term of this Agreement, i.e. upon termination of the Agreement, LOCATIONHERO shall not be obliged to delete Content that Users have transmitted to it; the provisions on data protection in § 13 of these GTC and in LOCATIONHERO's Privacy Policy shall remain unaffected. In the case of § 6 para. 4, the unrestricted right of use ends in any case 7 working days after removal by the Lessor.

5. users are obliged to indemnify us on first demand against all claims by third parties due to the infringement of any rights to which third parties may be entitled (such as in particular (but not exclusively) names, trademarks, designs, industrial property rights, copyrights, personal rights, etc.) and/or claims asserted by third parties on the basis of the law (e.g. competition law, youth protection law) due to the content transmitted by the users.

6. users are also obliged to inform us immediately if they subsequently become aware that they do not (or no longer) have the necessary rights to publish their content, or if they subsequently become aware that this content is not lawful. Users are obliged to provide us with a precise description of the content that they believe is involved (e.g. photo/file name, time and place of posting, etc.).

7. the user must refrain from any actions that are likely to directly or indirectly impair the server integrity or stability of LOCATIONHERO.

8. if individual and/or several of the obligations in § 9 are not complied with, we are entitled to block the User's access, to terminate any contractual relationship extraordinarily and without notice and, in the event of fault, to claim damages.

9. if third parties approach us and inform us of what they consider to be a well-founded suspicion that the content posted by a user on LOCATIONHERO is illegal, we are entitled to take the content offline with immediate effect and, if and to the extent permitted by the German Federal Data Protection Act (BDSG), to surrender the personal data of the user concerned (e.g. name, address, etc.) stored by us upon request. All possible claims for damages by the user concerned against us are excluded in this case.

10. the content contained within LOCATIONHERO and posted by us (e.g. database, design, etc.) is subject to copyright protection. A user is therefore not permitted to use this content without our prior consent, in particular to copy, edit and/or distribute it.

§ 9 Third-party content / disclaimer

1 LOCATIONHERO is a platform on which information is made available by third parties (in particular landlords) (see § 6 above). We are not obliged to check the information provided by third parties and are not responsible for the assessment of the value of the respective location on the part of the tenant. The sequence of locations displayed on LOCATIONHERO does not allow any conclusions to be drawn about the quality of the lessor and/or the locations themselves. As the information presented on LOCATIONHERO can only provide a first impression of the respective location, we recommend - before concluding a rental agreement - a viewing of the respective location (cf. § 2 para. 5).

2. all agreements between the landlord and the tenant must be made in the respective rental agreement. This also applies in particular to any agreements on the condition of the location etc.. None of the location information presented on LOCATIONHERO is to be understood as a quality agreement, assurance or guarantee, unless the Landlord and Tenant expressly agree this in their rental contract. We recommend that tenants take out production liability insurance.

3. under no circumstances are we liable for the agreements made between the tenant and the landlord, even if these refer to location information that is available on LOCATIONHERO. Nor shall we be liable for damages arising from the (non-) execution of the agreements made between the Lessee and the Lessor (e.g. damage / contamination / incorrect bookings / cancellations due to force majeure (e.g. weather conditions) or lack of official permits, etc.). All claims in this regard are to be asserted between the tenant and the landlord.

§ 10 Responsibility of LOCATIONHERO / Limitation of liability

1. we shall only be liable for damages caused by an intentional or grossly negligent breach of duty on our part, on the part of a legal representative or vicarious agent (expressly not included among our vicarious agents: Landlord, Tenant). Liability in other respects and for slight negligence shall be excluded except in the event of a breach of a material contractual obligation and in the event of injury to life, limb or health. Any further liability of LOCATIONHERO is excluded to the extent permitted by law.

2. in particular, LOCATIONHERO shall not be liable for damages resulting from incorrect information provided by Landlords and/or Tenants, in particular from

  • - incorrect information provided to LOCATIONHERO by Landlords when creating their profile and listing their Locations,
  • - incorrect information provided by tenants in offers to landlords,
  • - incorrect information resulting in incorrect payment processing via LOCATIONHERO.

3. if internet pages are linked by users, these are not checked by us. We expressly disassociate ourselves from all content on third-party websites and accept no liability whatsoever with regard to such websites and any damage that may arise in connection with the use of such links.

4. a user has no claim against us that LOCATIONHERO will be made available permanently and/or unchanged. Changes to LOCATIONHERO are possible at any time. We protect LOCATIONHERO against unauthorized access by third parties within the scope of the usual protective measures, but cannot guarantee all-encompassing protection. If the portal is suspended or interrupted (for example due to necessary maintenance work, due to force majeure, due to technical faults on the Internet, due to hacker attacks), any liability for any costs, damages or losses incurred is excluded.

5 LOCATIONHERO shall not be liable for damages and lost profits incurred by users due to a defect or error on the part of the payment services. 10 / 12

§ 11 Data protection

1. when collecting, processing and using personal data, we undertake to comply with the statutory provisions on data protection, in particular the Federal Data Protection Act (BDSG) and the Telemedia Act (TMG), and to store, process and pass on the personal data transmitted by the Users exclusively for the purposes stated in their data protection declaration.

2. reference is also made to this LOCATIONHERO data protection declaration, which sets out the nature, scope and purpose of the collection, processing and use of personal user data.

§ 12 Cancellation policy and cancellation form

1. revocation instruction

Right of withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason.

The revocation period is fourteen days from the date of conclusion of the contract.

To exercise the right to cancel, you must inform us (Locationhero GmbH, Köpenicker Straße 101, 10179 Berlin, Deutschland, Telefon: 030-6677674-20, Telefax: 030-6677674-29, E-Mail: info@ locationhero.de) of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, fax or e-mail). You can use the attached sample withdrawal form, but this is not mandatory.

To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the withdrawal period has expired.

Consequences of withdrawal

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (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 14 days from the day on which we are informed about your decision to withdraw from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees for this repayment.

If you have requested that the services should commence during the withdrawal period, you must pay us a reasonable amount corresponding to the proportion of the services already provided up to the time at which you inform us of the exercise of the right of withdrawal with regard to this contract compared to the total scope of the services provided for in the contract.

2. withdrawal form

(If you wish to withdraw from the contract, please complete and return this form).

  • To Locationhero GmbH, Köpenicker Straße 101, 10179 Berlin, Germany, telephone: 030-6677674-20, fax: 030-6677674-29, e-mail: info@locationhero.de:
  • I/we (*) hereby revoke the contract concluded by me/us (*) for the provision of the following service: Placement via LOCATIONHERO
  • Ordered on ...
  • Name of the consumer(s): ...
  • Address of the consumer(s): ...
  • Signature of the consumer(s) (only for notification on paper) ...
  • Date ...

________________________

(*) Delete as applicable.

§ 13 Information on dispute resolution proceedings before consumer arbitration bodies (§ 36 VSBG)

Locationhero GmbH, Köpenicker Straße 101, 10179 Berlin, Germany is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.

§ 14 Final provisions

1. if we do not assert any claims or other rights against the user in the event of a breach of these GTC by the user, this shall have no influence on our right to assert the corresponding claims and other rights in the event of a renewed breach.

2. the contract concluded on the basis of these GTC shall be governed by the substantive law of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). If a user is not an entrepreneur (within the meaning of § 14 BGB) but a consumer (within the meaning of § 13 BGB) and is not resident in Germany, the contract concluded on the basis of these GTC shall be governed by the substantive law of the country in which the user has his habitual residence at the time of conclusion of the contract.

3. the place of jurisdiction for all disputes arising from and in connection with the contract concluded on the basis of these GTC shall be Berlin, Germany, to the extent permitted by law. If a user, if he is not an entrepreneur but a consumer, is not domiciled in Berlin, Germany, the statutory provisions of the state in which he has his habitual residence at the time of conclusion of the contract shall apply with regard to the place of jurisdiction (in Germany, therefore, the provisions of the German Code of Civil Procedure).

4. amendments and additions to the contract must at least be made in writing to be effective This also applies to the amendment or repeal of this provision in § 14 para. 6.

5 Should any provision of these GTC be invalid, this shall not affect the validity of the remaining provisions.