General terms and conditions for purchasing items in our online shop.
As of April 2021
§1 General
(1) These General Terms and Conditions (hereinafter General Terms and Conditions) apply to all contracts for the delivery of goods between us and a consumer or entrepreneur in the version valid at the time of the order.
(2) A consumer within the scope of these General Terms and Conditions is any natural person who concludes a legal transaction for purposes that cannot predominantly be attributed to either their self-employed or commercial professional activity (§ 13 BGB). An entrepreneur is any natural or legal person who, when concluding the contract, acts in the exercise of their commercial or self-employed activity (§ 14 BGB).
(3) The offer in our online shop is aimed exclusively at buyers who have reached the age of 18.
(4) You can access and print out the current general terms and conditions on the website nugget-store.de. We save the contract text and send you the order details and our general terms and conditions by email.
(4) The inclusion of a customer's general terms and conditions that contradict our general terms and conditions is now contradicted.
§ 2 Conclusion of contract
(1) The following regulations regarding the conclusion of the contract apply to orders via our online shop nugget-store.de
(2) If a contract is concluded, this will be included
Autohaus Hagemeier GmbH & Co. KG, Münsterstraße 63, D-33775 Versmold
closed.
(3) The presentation of the goods and products in the online shop does not constitute a legally binding contractual offer on our part, but is only a non-binding invitation to the consumer to order goods. By ordering the desired goods or content, the consumer makes a binding offer to conclude a purchase contract.
(4) The offer is accepted in text form or in writing by sending the ordered goods. If this period expires without result, the offer is considered rejected.
(5) You submit a binding contract offer by successfully completing the ordering procedure provided in our online shop. You can also submit the offer by telephone, email or post.
This order involves the following steps:
1. Selection of goods
2. Confirm by clicking on the “Add to cart” buttons
3. Checking the information in the shopping cart
4. Pressing the “Checkout” button
5. Registration in the online shop after registration and entering the registrant's data (email address and password) or ordering without registration.
6. Re-check including the possibility of correcting the data entered.
7. Binding dispatch of the order by clicking the “Buy” button
By pressing the "Back" button in the browser he is using after checking his details, the consumer can return to the website on which the customer data is recorded and correct input errors or by closing the browser before the order is bindingly sent cancel the ordering process completely.
(6) We confirm receipt of the order immediately by an automatically generated email (confirmation of receipt). This does not constitute acceptance of the offer. A contract is not concluded through confirmation of receipt.
(7) A purchase contract for the goods is only concluded when we expressly declare acceptance of the purchase offer or when we ship the goods - without a prior express declaration of acceptance.
(9) When paying via PayPal, a purchase contract is also concluded through the successful completion of payment processing.
(10) We can accept your offer within five days. The deadline for accepting your offer begins one day after you send the offer and ends at the end of the fifth day after the start of the deadline. If we do not accept your offer, this will be considered a rejection of your offer.
§ 3 Prices, shipping costs, payment, due date
(1) The prices stated include statutory sales tax and other price components and do not include the respective delivery and shipping costs.
(2) The payment options are displayed in the online shop.
(3) When paying using a payment method offered by PayPal, payment is processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: “PayPal”), subject to PayPal’s relevant terms of use.
(4) If you select the payment method “PayPal direct debit”, PayPal will collect the invoice amount from your bank account on behalf of the seller after a SEPA direct debit mandate has been issued, but not before the deadline for advance information. Advance information is any notification to you that announces a debit using a SEPA direct debit mandate. If this direct debit is not honored due to insufficient funds in your account or due to incorrect bank details, or if you object to the debit even though you are not authorized to do so, you will have to pay the fees resulting from the chargeback if you are responsible for this.
(5) If you choose the payment method “Calculation and delivery with new vehicle”, the ordered items will be given to you with a separate invoice when you pick up the new vehicle. You can pay this on site using the usual payment methods at the car dealership.
§ 4 delivery
All items we offer are ready for immediate dispatch unless we have stated this in the product description. The delivery time is 3-5 days.
§ 5 Retention of title
(1)We reserve ownership of the goods until the purchase price has been paid in full. Before ownership of the reserved goods is transferred, a transfer of security or pledging is not permitted.
(2) If you are an entrepreneur, you may resell the goods in the ordinary course of your business. In return, you hereby assign to us all claims in the amount of the invoice amount that arise from the resale. We accept the assignment, but you are authorized to collect the debt. If you do not meet your payment obligations to us, we reserve the right to collect claims ourselves.
(3) When combining and mixing reserved goods, we acquire co-ownership of the new item in proportion to the invoice value of our goods to the other items at the time of combining/mixing.
§ 6 Warranty
(1)The statutory warranty regulations apply to consumers.
(2) The statutory warranty claims apply to companies with the following modifications:
a) Our own information and the manufacturer's product descriptions are decisive for the quality of the goods, but not public statements and other advertising by the manufacturer.
b) You are obliged to inspect the goods immediately and with due care for deviations in quality and quantity. You must report any obvious defects to us within 7 days of receipt of the goods. Timely dispatch ensures compliance with the deadline. The same applies to hidden defects discovered later upon discovery. If this obligation to inspect and give notice of defects is violated, the assertion of warranty claims is excluded.
c) If the goods are defective, we will provide repairs or replacement delivery (overall supplementary performance) at our discretion. In the event of a repair, we will not bear the increased costs that arise from moving the goods to a location other than the place of performance if the delivery does not correspond to the intended consumption. If this supplementary performance fails twice, you can, at your discretion, request a reduction in price or withdraw from the contract.
d) The warranty period is twelve months from delivery of the goods. This warranty limitation does not apply to claims due to damages resulting from injury to body, life, health or from the violation of an essential contractual obligation, the fulfillment of which enables the proper execution of the contract and on whose compliance the contractual partner can regularly rely (cardinal obligation). for claims for other damages that are based on an intentional or negligent breach of duty by us or our vicarious agents.
§ 7 Liability
(1) We have unlimited liability for claims due to damage caused by us, our legal representatives or vicarious agents
● in case of injury to life, body or health,
● in the event of intentional or grossly negligent breach of duty,
● for guarantee promises, if agreed, or
As long as the scope of the Product Liability Act is in force.
(2) In the event of a breach of essential contractual obligations, the fulfillment of which enables the proper execution of the contract and on whose compliance the contractual partner can regularly rely, (cardinal obligations) due to slight negligence on the part of us, our legal representatives or vicarious agents, the liability is limited to the amount of The conclusion of the contract limits the foreseeable damage that must typically be expected.
§ 8 Dispute resolution for consumers
The European Commission provides a platform for out-of-court online dispute resolution (OS platform). This platform can be accessed at http://ec.europa.eu/odr. We are neither obliged nor willing to take part in the dispute resolution process.
§ 9 contract language
The contract language is German.
§ 10 Final provisions
Contracts between us and an entrepreneur are governed exclusively by German law, excluding the provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG)/UN Convention on Contracts for the International Sale of Goods.
If you are a merchant, a legal entity under public law or a special fund under public law, our place of business is the place of jurisdiction for all disputes arising from this contractual relationship.
General rental conditions
As of: June 2021
§1 Vehicle provision
1. The landlord provides the tenant with a roadworthy and operational vehicle including extras and accessories for use. The landlord does not need to provide it for more than 12 hours beyond the agreed time. The tenant is obliged to report any complaints to the landlord immediately after the rental. Later complaints will not be accepted. The rental agreement also includes the takeover and return protocol, which must be signed by the landlord and tenant.
2. The renter drives the vehicle on his own responsibility and arranges his own journey. The landlord does not owe any travel services and in particular not a total of travel services. The legal provisions regarding the package travel contract, in particular §§ 651a-l BGB, do not apply to the contractual relationship either directly or accordingly.
3. The vehicle is fully fueled at the start of the rental. The tenant is responsible for any additional fuel costs. The vehicle must be returned with a full tank of fuel. Any costs incurred for refueling will be billed to the tenant.
4. The vehicle will be handed over with a gas bottle sufficiently filled for the rental period. If the tenant still needs to replace the gas bottle during the rental period, the cost of filling the gas will be reimbursed by the landlord.
5. The rental company's vehicles are generally non-smoking vehicles. If the smoking ban in the rental vehicle is ignored, €500 will be withheld from the deposit to compensate for the loss in value and to have smoke residue removed professionally.
6. The tenant rents a model: Nugget AH, Nugget HD, Nugget Plus AD, Nugget Plus HD or Big Nugget.
The vehicle equipment (engine, transmission, extras), as well as the contents of the camping and kitchen equipment can vary, especially when changing vehicles, and do not represent a guaranteed feature.
§2 Authorized drivers
1. The vehicle may only be driven or used by the renter or the drivers specified in the rental agreement. These aforementioned persons are vicarious agents of the tenant.
2. When handing over the vehicle, the renter must present a valid driver's license required to drive the vehicle, a valid means of payment and an identity card or passport. The vehicle may only be driven by the renter or - by the driver specified in the rental agreement. The renter must independently check whether the authorized driver has a valid driving license.
3. The renter is obliged to provide the landlord with the name and address of all drivers in writing upon request. The renter is responsible for the driver's actions as his own.
4. The vehicle may not be sublet.
5. The vehicle may not be used for commercial purposes. Using the vehicle as a home office does not represent a commercial purpose.
§3 Vehicle use
1. The renter must treat the vehicle carefully and professionally in accordance with the operating instructions and keep it in a roadworthy condition for the duration of the rental. In particular, the renter must ensure that the correct fuel is filled and that the oil and water levels and the correct tires are checked regularly during the rental period.
2. The renter must treat the vehicle with care and follow the rental company's technical instructions and the operating instructions. Damage caused by improper handling will be charged to the tenant.
3. The tenant is obliged to properly secure the cargo.
4. The vehicle may not be used for illegal purposes. Both the German and the legal systems of the respective countries must be observed.
5. The renter is not permitted to use the vehicle outside of public roads or to take part in off-road driving or motorsport events.
6. The renter must inform the landlord in writing before starting the journey to which countries the vehicle will be driven.
The vehicle can be driven to the following countries:
Germany, Albania, Andorra, Belgium, Bulgaria, Bosnia-Herzegovina, Belarus, Switzerland, Cyprus, Czech Republic, Denmark, Spain, Estonia, France, Finland, Great Britain, Greece, Hungary, Croatia, Italy, Ireland, Iceland, Luxembourg, Lithuania , Latvia, Malta, Moldova, North Macedonia, Montenegro, Norway, Netherlands, Portugal, Poland, Romania, Sweden, Serbia, Slovak Republic, Slovenia
The vehicle may not be driven into the following countries:
Azerbaijan, Israel, Iran, Morocco, Russia, Tunisia, Turkey, Ukraine and all countries outside the EU not listed among the permitted countries.
8. The vehicle must be used in accordance with legal regulations, in particular the road traffic regulations.
9. The tenant bears all costs in connection with fees charged for the use of certain transport routes (e.g. tolls, parking space or camping fees) and provides all obligations to cooperate in connection with the collection of fees.
10. When leaving the vehicle, all parts must be locked; the steering wheel lock must be engaged. When leaving the vehicle, the renter/driver must take the vehicle keys and documents and keep them inaccessible to unauthorized persons.
11. The vehicles may be equipped with vehicle location systems and tracking systems to locate the rented vehicle in the event it is stolen or not returned on time, or to locate a vehicle in the event of an accident or breakdown.
§4 Vehicle return
1. The rental agreement ends at the end of the agreed rental period. If the renter continues to use the vehicle after the agreed rental period has expired, the rental agreement is not considered extended. § 545 BGB does not apply. At the end of the agreed rental period, the vehicle must be returned to the landlord at the agreed location with a full tank of fuel and in the contractual condition, including all keys, vehicle documents, equipment and accessories.
2. The vehicle will be returned during the rental company's business hours, unless otherwise agreed. The place of return is the location of the landlord.
3. If the rental period is exceeded, €25 will be charged for each hour commenced, unless the tenant is not responsible for the late return, for which the tenant bears the burden of proof. The maximum fee per 24 hour late return is €300. If the landlord incurs damages due to a late return of the vehicle (e.g. lost profit, claims for damages from the next tenant, organizational expenses, etc.), the landlord reserves the right to assert these claims for damages against the tenant.
In addition, the landlord can take possession of the vehicle at any time.
If the rental vehicle is returned early before the agreed return date, the full rental price agreed in the rental agreement must still be paid.
4. The vehicle must be handed over swept clean. The kitchenette, refrigerator and toilet must be handed over cleaned, clean and dry. The tenant must empty the toilet and flush the cassette several times with clean water. The waste water tank must be emptied.
The final cleaning is then carried out by the landlord.
The costs of additional cleaning for heavy soiling will be retained from the deposit. The tenant will be charged €40 for cleaning an unemptied toilet.
§5 Booking and payment
1. By sending the completed booking form, the tenant sends a binding offer to conclude the rental agreement and accepts the landlord's general terms and conditions through an "opt in" procedure in the booking process.
For information purposes, the tenant receives a message on the booking page as well as an automatic direct email (instant mail) from the landlord about receipt of the booking request. Only after receipt of the written booking confirmation (via email) actively initiated by the landlord is the rental booking bindingly accepted by the landlord (=conclusion of contract) and the rental vehicle is considered firmly booked.
The landlord is entitled, within the scope of her own discretion, to refuse to conclude a rental agreement. Any deposit paid will be refunded immediately by the landlord.
2. The prices stated include statutory sales tax and other price components and do not include the respective delivery and shipping costs.
4. Payment is due as follows: 50% deposit upon booking. 50% final payment 10 days before the start of the rental period.
3. The payment options are displayed in the online shop.
When paying using a payment method offered by PayPal, payment is processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: “PayPal”), subject to PayPal’s relevant terms of use.
If you select the payment method “PayPal direct debit”, PayPal will collect the invoice amount from your bank account on behalf of the seller after a SEPA direct debit mandate has been issued, but not before the deadline for advance information. Advance information is any notification to you that announces a debit using a SEPA direct debit mandate. If this direct debit is not honored due to insufficient funds in your account or due to incorrect bank details, or if you object to the debit even though you are not authorized to do so, you will have to pay the fees resulting from the chargeback if you are responsible for this.
§6 Cancellation
According to Section 312g Paragraph 2 Sentence 1 No. 9 BGB, there is no right of cancellation for the rental of motor vehicles for a specific date or period, even for bookings that are made exclusively using means of distance communication or outside of business premises.
In the event of cancellation, the following portions of the agreed rental price must be paid: Cancellation up to 60 days before the 1st day of rental 50%, up to 30 days before the 1st day of rental 70%, up to 7 days before the 1st day of rental 90%, less than 7 days before 1% on the first day of rental.
Cancellation must be made in writing via email. The landlord assures that he will release the booking immediately after cancellation and will try to continue renting out the vehicle in order to keep the damage as low as possible.
In the event of a possible refund of the initially flat-rate cancellation fees, not the specific vehicle will be taken into account, but rather the entire vehicle fleet due to the similarity of the vehicles. The damage incurred is calculated based on the free rental days of the entire fleet during the corresponding rental period. If this results in a difference between the flat-rate cancellation fee paid and the actual damage, the renter will be reimbursed for this difference.
The tenant is free to prove to the landlord that there was no loss or a significantly smaller loss.
Extras such as porta-potties, grills, rear bicycle racks, awnings, etc. can be canceled free of charge until the vehicle is picked up.
If there are doubts about the truthful information about people, the purpose of the rental, the intended use or compliance with the general terms and conditions, the lessor reserves the right not to hand over the rental vehicle
§7 Rental price
1. The rental price consists of the daily rental price, basic flat rates (handover, final cleaning, etc.) and the selected accessories (Porta-Potti, grill, rear tent, etc.).
3. The prices stated include statutory sales tax.
2. If the kilometer limit agreed in the rental agreement is exceeded, the tenant must pay the agreed amount in euros for each additional kilometer driven upon return.
§8 Deposit
1. A deposit of €500 must be paid at the start of the rental at the latest to ensure that the vehicle is returned in an undamaged and swept-clean condition. The deposit can be paid directly when booking, transferred in advance or alternatively paid upon collection (cash, EC card, credit card).
2. If the vehicle is returned properly in the agreed condition, apart from the damage listed in the condition report, the deposit will be refunded in full. However, this does not release the tenant from liability for hidden defects or damage.
3. In the event of an accident involving the other party, the deposit, including the tenant's deductible, will be withheld or demanded by the landlord until the question of guilt has been clearly resolved in court or out of court.
4. The landlord is entitled to withhold additional costs or fees directly from the deposit.
§9 Toll fees
1. The tenant must pay all applicable toll and/or registration fees on site, in advance by bank transfer or by credit card. The tenant undertakes to inform about any tolls and environmental zones before entering the holiday destination and, if necessary, to register in advance.
2. For trips to Norway, the tenant must register in advance www.autopass.no inform about the payment modalities. Furthermore, the tenant is obliged to do so before entry www.epcplc.com/rental to register.
To travel to Sweden, the tenant must be with www.epass24.com register in advance. The vehicle license plate number can be added to the registration after the rental vehicle has been handed over.
In Portugal you have to register or buy a Toll Card www.portugaltolls.com only necessary if the tenant is driving on a toll route on which the toll is collected electronically. The routes are specially marked.
3. For all other countries, the tenant must inform himself in good time in advance.
4. In the event of non-compliance, the landlord will charge a processing fee of €20 for each payment request in addition to toll fees and any penalties.
§10 Accident, theft, fire, damage caused by wild animals (obligation to report)
1. Accidents, damage caused by fire, wild animals and break-ins as well as theft of the vehicle, vehicle parts, accessories and equipment must be reported to the landlord immediately. This also applies to self-inflicted accidents without the involvement of third parties.
2. The tenant must notify the police immediately and ensure that such damage is recorded by the police. The names and addresses of those involved in the accident and any witnesses as well as the official license plates of the vehicles involved must be recorded. The tenant must provide proof to the landlord of any refusal by the police to record the aforementioned damage.
3. Opposing claims may not be recognized against anyone.
4. In the event of the above-mentioned damage, the tenant is obliged to inform the landlord within two calendar days of the incident by means of a written accident report, which is truthful, carefully and completely prepared in all points.
§11 Breakdown/repair
1. If the safe operation of the vehicle is no longer guaranteed or its use is impaired in the event of a breakdown, the renter/driver must take appropriate safety precautions and immediately coordinate the measures to be taken with the rental company. Outside business hours, the landlord's interests must be protected as best as possible.
2. If a repair is necessary during the rental period in order to ensure the operability or road safety of the vehicle, repair orders may only be issued with the express written consent of the landlord if the expected repair costs exceed an amount of EUR 100,00.
3. The repair must be carried out in an authorized workshop of the respective vehicle manufacturer, provided this is possible and reasonable in the individual case.
4. The repair costs will be borne by the landlord upon presentation of the relevant receipts, unless the tenant is liable according to Section X of these rental conditions.
§12 Insurance
1. The landlord maintains liability insurance coverage for the rented vehicle at least in the amount of the statutory minimum insurance amount. The rental price includes motor vehicle liability insurance to the statutory extent, as well as partially comprehensive and fully comprehensive insurance with a deductible of €1.000. Driver, vehicle, passengers, luggage, goods, accessories, etc. are not insured.
2. The contracting parties are free to agree, for a fee, on a reduction in liability to a deductible of €500 for damage to the vehicle that would be covered by the scope of comprehensive insurance.
3. The renter must take out special insurance when using motor trains or similar means of transport, for example if this is offered by the carrier. If he does not take out this insurance, he is liable for all damage that occurs on the respective means of transport.
§13 Liability of the landlord
1. The landlord's liability is limited to cases of intent or gross negligence on the part of himself, a representative or a vicarious agent in accordance with the statutory provisions. Furthermore, the landlord is only liable in the event of a culpable violation of essential contractual obligations. A claim for damages due to a breach of essential contractual obligations is limited in amount to the foreseeable damage that is typical for the contract. The landlord is not liable for the slightly negligent violation of insignificant obligations from the contractual relationship.
2. The above-mentioned limitation of liability does not apply in the event of the assumption of a guarantee, injury to life, body, health or in cases of mandatory legal liability.
3. If a rented vehicle is not available at the agreed time for any reason, the rental company will provide a corresponding replacement vehicle or refund the amount paid. The tenant has no claim for damages from the landlord.
§14 Liability of the tenant
1. The renter must return the rental vehicle with all equipment in the correct, defect-free condition in which he took it over.
2. The tenant is not liable for damage or losses for which he is not responsible, and in particular not for costs or damage caused by inadequate maintenance by the landlord or which are covered by a manufacturer's warranty.
3. The tenant is also liable for damage to the vehicle including extras, accessories, loss of vehicle and for breach of his contractual obligations in accordance with the general liability rules during the duration of the rental agreement. In such a case, he must also reimburse the additional costs of damage, in particular for experts, legal prosecution, towing and loss of rent as well as the amount of the reduction in value of the vehicle. Loss of rental costs are the amounts equal to one day's rent for each day on which the damaged rental vehicle is not available to the landlord. The tenant remains free to prove that the landlord suffered no or lesser damage.
4. For the risks covered by insurance as part of the liability reduction (Section VIII paragraph 2), the tenant's liability is limited to the agreed deductible for each case of damage.
3. If an appropriate partial comprehensive insurance is taken out, the tenant is liable with a deductible, particularly in the event of damage to glass and furred animals, fire, theft and natural hazards.
4. An agreed reduction in liability or exemption from liability for the renter does not apply if the loss or damage to the vehicle was caused intentionally by the renter or his vicarious agents. If the damage or loss was caused by gross negligence on the part of the tenant or his vicarious agents, the landlord is entitled to claim against the tenant to an extent corresponding to the severity of the fault, up to the amount of the total damage.
An agreed reduction in liability or exemption from liability for the tenant still does not apply if a contractual obligation was intentionally violated by the tenant or his vicarious agents. If the tenant or his vicarious agents caused a contractual obligation through gross negligence, the landlord is entitled to claim against the tenant to an extent corresponding to the severity of the fault, up to the amount of the total damage. The tenant bears the burden of proof that there was no gross negligence.
5. The tenant or his vicarious agents have unlimited liability for violations of legal regulations, in particular traffic and regulatory offenses. This also applies to violations by the tenant of legal provisions or other regulations that are committed during or at the end of the rental period.
The landlord is exempt from all costs, fines, warnings, fees, etc. in this regard. The landlord is entitled to demand a reasonable flat rate as compensation for the administrative costs incurred by processing inquiries from the authorities, unless the tenant can prove that no damage occurred or that it is significantly lower than the processing fee is.
6. Operational damage (e.g. detaching the trailer from the towing vehicle), operating errors (e.g. gross switching errors, incorrect fueling, incorrect operation of the pop-up roof) and breakage damage (e.g. the load slipping, the awning turning over) are not accident damage. The tenant always has unlimited liability for such damage.
7. If a third party compensates the landlord for the damage, the tenant is released from his obligation to pay compensation.
8. The renter releases the landlord from all liability for damage to or loss of items carried, stored or left in the rental vehicle by the renter or anyone else before, during or after the termination of the rental agreement. This does not apply if the landlord or his vicarious agents acted intentionally or with gross negligence.
9. The tenant is liable for damage to the awning if it was used in strong winds or unattended.
10. The tenant is liable for damage caused by improper use of the pop-up roof, in particular due to insufficient inspection of the bellows and the mechanics during the closing process.
11. Any tire damage that occurs during the rental period must be borne by the tenant. This also applies if the damage is only discovered upon return (e.g. nail in the tire)
12. The tenant is liable for incorrect refueling of the diesel tank or the water tank. All associated repair costs will be charged to the tenant.
13. The tenant has unlimited liability for all violations of regulatory and traffic regulations. He releases the landlord from any fines, administrative fines and any other costs.
§15 Termination
1. If the tenant defaults on the payment of a rental installment to a significant extent or if it becomes unreasonable for the landlord to continue the rental agreement, in particular because the tenant has culpably breached an essential contractual obligation, then the landlord is entitled to terminate the contract without notice. If the landlord makes use of this right, the tenant remains obliged to pay the agreed rental price to the landlord until the end of the contractually stipulated rental period, unless the landlord can sublet the property to third parties. The tenant is free to prove that the landlord suffered no or lesser damage.
2. In the event of intentional damage to the vehicle, the landlord is entitled to terminate the rental agreement without notice.
3. The tenant is entitled to terminate the contract without notice if the rental vehicle is not operational and roadworthy at the start of the rental agreement and the landlord does not immediately provide a replacement vehicle.
§16 Final Provisions
1. The tenant is only entitled to offset if his claims are undisputed, ready for decision or legally established. This does not apply to claims for damages due to a defect in the rented property (§ 536 a BGB) and to claims for reimbursement due to overpayment of rent.
2. If the rental agreement is concluded with several tenants, they are jointly and severally liable.
3. No additional agreements have been made. Amendments and supplements to the contract must be in writing.
This also applies to an agreement to cancel the written form.
4. The European Commission has set up a platform for out-of-court online dispute resolution of consumer disputes at http://ec.europa.eu/consumer/odr/. The landlord does not take part in the alternative dispute resolution process.
5. The place of fulfillment for all claims arising from this contract is the registered office of the landlord. This is also the agreed place of jurisdiction if the tenant is a registered merchant or a legal entity under public law or a special fund under public law; the tenant has moved his place of residence or habitual residence abroad after conclusion of the contract or the residence or habitual residence of the tenant is not known at the time the lawsuit is filed. German law applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
