Section 1 Scope
These Terms and Conditions govern the publication of listings on the internet platform “Modelle Apartment”, operated by Perfect in Vision GmbH, Kroonstücken 1, 22045 Hamburg, Managing Director Sabine Strauß, hereinafter referred to as “Perfect in Vision”.
The platform enables providers to offer, in particular, apartments, rooms, workspaces and other suitable premises for use, and to publish listings for this purpose.
Section 2 Subject of the platform
Modelle Apartment is an advertising and information platform. Perfect in Vision provides the technical means for the publication and display of listings.
Perfect in Vision is not the landlord, lessor or provider of the advertised premises and does not become a party to any tenancy, accommodation, usage or other agreement concluded between an advertiser and a user.
The agreement on the actual use of the offered premises, together with all conditions connected with it, is concluded exclusively between the respective advertiser and the interested party. In particular, Perfect in Vision does not owe the conclusion of a contract between the advertiser and the interested party.
Section 3 Enquiry and conclusion of contract
Submitting the “List your apartment” form does not yet constitute a chargeable order or a binding offer to contract. By submitting it, the advertiser initially sends a non-binding enquiry regarding the publication of a listing.
Perfect in Vision will then contact the advertiser. The details of the listing and its publication are agreed individually. A chargeable contract for publication is only concluded once publication has been expressly agreed, or commissioned by the advertiser, and accepted by Perfect in Vision. Perfect in Vision is not obliged to accept every enquiry or every listing.
Section 4 Price and term
The price for a listing is EUR 50.00 for a term of 7 days.
As a rule, the term begins with the publication of the listing, unless a different start has been individually agreed. Publication ends on expiry of the agreed seven days. No automatic extension takes place. A renewed or extended publication requires a new agreement.
Section 5 Payment
Payment is made in accordance with the individual agreement, either by invoice/bank transfer or in cash. Where an invoice is issued, the payment terms stated therein shall apply.
Section 6 Information provided by the advertiser
The advertiser is solely responsible for all information and content provided by them. This applies in particular to the description and location of the premises, their fittings and availability, prices and terms of use, images and other media, name or company details, and telephone numbers, email addresses and other contact details.
The advertiser warrants that their information is accurate and that they are entitled to offer the advertised premises in the manner described.
Section 7 Publication of contact details
As part of commissioning the listing, the advertiser agrees that the contact information intended for the listing will be displayed publicly on Modelle Apartment. This may include, in particular, the name or trading name, telephone number, email address and other contact details designated by the advertiser for publication. This information can be viewed by visitors to the website without separate registration.
Section 8 Images, texts and usage rights
The advertiser may only provide content, texts, photographs and other materials for the use and publication of which they are entitled. For the duration of publication, the advertiser grants Perfect in Vision the simple usage rights to the content provided that are necessary to display the listing. These rights are granted only to the extent required to display and promote the respective listing on Modelle Apartment.
The advertiser is responsible for ensuring that the content provided does not infringe any third-party rights, in particular copyright, trademark, personality or data protection rights.
Section 9 Prohibited content
Perfect in Vision reserves the right to reject, refuse to publish or subsequently remove listings where there are concrete indications that their content infringes applicable law, third-party rights or these Terms and Conditions. The same applies to information that is evidently misleading or incorrect.
Section 10 Responsibility for the offered premises
As a rule, Perfect in Vision does not verify the actual availability, condition, fittings or lawful usability of the offered premises. In particular, no check is generally carried out as to whether the advertiser owns the premises or holds all rights, permits or approvals required for the offered use. Responsibility for this lies exclusively with the respective advertiser.
Section 11 Contractual relationship between advertiser and user
Perfect in Vision has no influence on agreements made between advertisers and users. In particular, prices for use, rental duration, deposits, house rules, key handover, cancellations and other conditions are agreed directly between these parties.
Perfect in Vision does not accept any payments for the use of the advertised premises and gives no warranty that an advertiser or an interested party will fulfil the obligations entered into towards the respective other party.
Section 12 Liability
Perfect in Vision is liable in accordance with the statutory provisions for damages arising from injury to life, body or health, and for damages based on intent or gross negligence on the part of Perfect in Vision, its legal representatives or vicarious agents.
In the event of a slightly negligent breach of material contractual obligations, liability is limited to the foreseeable damage typical for contracts of this kind. The statutory liability provisions otherwise remain unaffected.
Perfect in Vision gives no warranty as to the accuracy of the information provided by the advertiser, or as to the conclusion or proper performance of a contract between the advertiser and the user.
Section 13 Availability of the platform
Perfect in Vision endeavours to keep the platform available with as few disruptions as possible. However, continuous, uninterrupted availability at all times cannot be guaranteed. Temporary restrictions may occur, in particular due to maintenance work, technical faults or circumstances beyond the control of Perfect in Vision.
Section 14 Data protection
Information on the processing of personal data is contained in the privacy policy of Modelle Apartment.
Section 15 Final provisions
The law of the Federal Republic of Germany applies. Where the contractual partner is a merchant, a legal entity under public law or a special fund under public law, Hamburg shall be the place of jurisdiction, to the extent permitted by law.