CHAIROS – Terms and Conditions
I. Scope and Description of the Platform
1.1 General
1.2 Parties/Usage Options
1.3 Changes to these Terms and Conditions
1.4
II. Services of Chairos Corporate Housing GmbH
2.1 Registration
2.2 Service Overview
2.3 Service Fees
III. Services for Tenants
- Online Platform for Tenants
3.2 Review Options
IV. Contract
4.1 Parties
4.2 Conclusion of Contract
V. Formation of the Rental Agreement
5.1 Landlord
5.2 Tenant
VI. General Terms of Use
6.1 Acceptance of Terms of Use
6.2 Online Platform
6.3 Authorization and Accounts
6.4 Account Sanctions
6.5 Website Content & Chairos‘ Liability Limitation in this Regard
6.6 Content Requirements
6.7 Indemnification and Hold Harmless
VII. Compensation
7.1 Tax Obligations
VIII. Termination
8.1 Measures by Chairos Corporate Housing GmbH
IX. Liability
9.1 General
9.2 Problem Cases/Compensation
9.3 Cancellation Policies
X. Right of Withdrawal vis-à-vis Chairos
XI. Ineffectiveness
XII. Assignment
XIII. Final Provisions
Terms and Conditions of Chairos
I. Scope and Description of the Chairos Platform
Chairos Corporate Housing GmbH provides an online platform with exclusive access, which facilitates, for a fee, the connection between property owners (hereinafter Landlords) and companies (hereinafter Users/Tenants) for the conclusion of temporary rental agreements for furnished apartments.
1.1 General
These General Terms and Conditions – hereinafter referred to as „GTC“ – contain important information about your rights and obligations. The offer on the Chairos website is exclusively directed at those who rent and/or lease the offered rental apartments for the purpose of their independent professional, commercial, or official activities. Consumers within the meaning of § 13 BGB (German Civil Code) are excluded from using the services offered. Therefore, the GTC do not apply to consumers within the meaning of § 13 BGB.
1.2 Parties/Usage Options
1.2.1 Communication through the online platform occurs via Chairos.de (hereinafter Website). Through this Website, the Landlord can post listings for their properties, which potential Tenants can view and rent through Chairos. Both parties are provided with a dashboard for managing the rental process, from searching and renting to termination and move-out.
1.2.2 Contact establishment is free of charge. Costs only arise once a rental agreement is concluded between Tenant and Landlord. Subsequently, Chairos offers a service for further communication and handles the payment process.
1.3 Amendments to these GTC
Chairos reserves the right to update the GTC with effect for the future and to include them in the contractual relationship with the User if changes in the legal situation or case law, changes in market conditions, or currency conversions require an adjustment, to the extent that those parts affected by such changes or altered circumstances. These changes become part of the contract only when the User agrees to them or does not object to them within a period of six weeks after notification of these changes. Notification is sufficient if Chairos sends the new version of the GTC to the User’s email address provided for notification purposes, with a separate notice of the consequences/significance of the User’s behavior. If the User does not object to the inclusion of the aforementioned changes to the GTC in the contractual relationship within a period of six weeks, consent is deemed to have been given. There is no possibility to object if the changes only benefit the User or are neutral. In all other cases, the inclusion of amended GTC in the contractual relationship with the User is only possible with the User’s consent.
II. Services of Chairos
2.1 Registration
Chairos does not become a party to the concluded rental agreement between Landlord and Tenant and merely ensures that Users can use the Website after registration. The use of the platform is exclusive and only possible after registration on the Chairos website. By using the Website, you agree to comply with and accept these general terms and conditions.
2.2 Service Overview
2.2.1 Chairos maintains the Website and provides the online platform for Tenants and Landlords to establish contact, thereby assisting them in directly concluding a rental agreement.
2.2.2 Chairos is not the owner of the offered apartments. The responsibility and performance of Chairos are limited to enabling and maintaining the availability of the Website and handling the service for further communication and payment processing. Chairos is not responsible for the content of the Landlord’s listings on the Website; Chairos does not verify the information provided by the Landlords in the listings for accuracy. Chairos excludes any liability related to the availability of the apartments offered in the listings and the accuracy of the information in the listings. The same applies to all information provided by the Tenant; the Tenant alone is responsible, and Chairos disclaims any liability. In general, each user of the Website is responsible and liable for the accuracy of the information provided by them. The Tenant is responsible for carefully checking the Landlord’s information before concluding a rental agreement.
2.3 Service Fees
2.3.1 After concluding the rental agreement, the Tenant is obliged to pay fees to Chairos in the amount of up to 10% of the gross monthly rent at the beginning of the following month for the operation of the online platform and payment processing.
2.3.2 Chairos reserves the right to change the amount of the service fee and user fee at any time for the future. Contracts already concluded remain unaffected.
III. Services for Tenants via Chairos
3.1 Online Platform for Tenants
Chairos Corporate Housing GmbH provides the service of a platform in the form of a marketplace for searching, viewing, and booking accommodations (link Website). Registered Tenants have the opportunity to submit a variety of simultaneous booking requests, as regulated in these GTC, via the platform. Chairos may restrict the number of simultaneous requests at any time. By registering and logging into the online platform, the Tenant gains access to the available accommodation profiles.
3.2 Rating Option
Tenants also have the opportunity to rate accommodations, but only if they have actually lived there. They are required to provide truthful information. Chairos does not review these ratings but reserves the right to delete them at any time and without consulting the User if there is suspicion of inaccuracies. Furthermore, Chairos reserves the right to deactivate the option to rate accommodations at any time.
IV. Contract
4.1 Parties
You are aware that the Website is merely a platform that allows Landlords and renting companies to contact each other and conclude rental agreements. Landlords are either owners of the rental apartments or individuals authorized to conclude rental agreements with potential Tenants. Chairos explicitly does not act as an agent for Landlords and Tenants. Both Tenants and Landlords are solely and unrestrictedly responsible for the accuracy of the data provided by them. These are not verified by Chairos; therefore, no guarantee is provided for their accuracy, and liability against Chairos is excluded.
4.2 Conclusion of Contract
4.2.1 The Website enables the offering and renting of furnished apartments based on the listings created by the Landlords, after registering a profile on the Website. After registration on the Website, the Tenant can view listings and inquire about and rent (book) apartments from the Landlord without further registration on the Website.
4.2.2 The contract between Chairos and the Tenant is concluded upon registration of a profile on the Website. A payment claim by Chairos against the Tenant arises as soon as the Landlord confirms the Tenant’s request to rent an apartment and a rental agreement is concluded between Landlord and Tenant.
4.2.3 The User is aware of and accepts that upon conclusion of a rental agreement, Chairos has a separate payment claim against both the Tenant and the Landlord, independently of each other (see below).
4.2.4 The following languages are available for concluding the contract: German, English.
V. Conclusion of the Rental Agreement
5.1 Landlord
5.1.1 If a tenant’s booking request is forwarded to the landlord through the Chairos website, the landlord must confirm or reject it within 48 hours. If no action is taken within 48 hours, the contract offer will not be considered. The landlord undertakes to truthfully answer any questions from the tenant.
5.1.2 The following information about the tenant is provided to the landlord by Chairos:
- First and last name of the tenant who submitted the booking request,
- The tenant’s profile on the website via a hyperlink.
5.1.3 If the tenant’s rental offer is accepted by the landlord, Chairos confirms this via email to the tenant as well.
5.1.4 The landlord, not Chairos, is solely responsible for honoring confirmed rental offers (lease agreements) and providing accommodations reserved through the website.
5.1.5 The landlord is obligated to promptly send Chairos a copy of the lease agreement concluded with the tenant.
5.1.6 The landlord must clearly indicate any additional costs on their accommodation profile before concluding the contract. Such additional costs are not part of the service fee calculation.
5.1.7 The landlord agrees not to disclose the personal data of prospective tenants or tenants to other providers or third parties.
5.1.8 The landlord may require a security deposit for renting out their accommodations. In this case, it is essential for the landlord to specify these deposit details in the accommodation profile beforehand or to provide them to Chairos for inclusion.
5.1.9 The legal nature of the contract concluded between customers and providers depends on its content. It does not necessarily have to be a „lease agreement“ within the meaning of the German Civil Code (BGB), but can also be an accommodation agreement or a contract of a different nature. Unless Chairos itself acts as a provider, Chairos is not a contracting party with regard to bookings for accommodations on the platform but solely a service provider facilitating the conclusion of contracts via the platform.
5.2 Tenant
5.2.1 Chairos is not included in the tenant’s contract with the landlord. Chairos does not act as a representative or agent when the landlord accepts the tenant’s rental offer.
5.2.2 The tenant agrees to the terms, regulations, and restrictions of the landlord. All obligations arising from the lease agreement apply to the tenant and the landlord, not Chairos.
5.2.3 The tenant can only view the website’s portfolio if registered.
5.2.4 After the handover of the rental apartment, the tenant is responsible for maintaining the apartment according to the agreements with the landlord. Any damages to the rented property caused by the tenant’s or third parties‘ use/actions, to whom the tenant has granted access to the apartment, are fully attributable to the tenant. The defendant in any claims against the landlord is never Chairos but always the tenant. Conversely, claims by the tenant due to defects in the rental apartment and/or incorrect information provided by the landlord regarding the advertisement on the online platform are exclusively to be directed to the landlord; liability of Chairos is excluded. The service fee to be paid by the landlord to Chairos, irrespective of any defects alleged by tenants or landlords against each other, remains valid in full.
5.2.5 The tenant is obligated to promptly send Chairos a copy of the lease agreement concluded with the tenant. The lease agreement is made available online to both parties. Chairos has the right to archive the lease agreements.
VI. General Terms of Use
6.1 Acceptance of Terms of Use
6.1.1 The following terms of use are binding for any use of the website.
6.1.2 Chairos reserves the right to change individual provisions of these terms of use or the website at any time. If changes to these conditions are made, the amendment will be published on the website and displayed upon the next login of the user or the user will be notified by email. The last update date will also be indicated after the heading of the terms of use. If the user continues to use and access the website or does not object to the use in case of notification by email within four weeks in writing, the user agrees to the binding nature of the amended conditions.
6.1.3 By continuing to use the website and agreeing to these terms of use, the user agrees to have been adequately informed about any changes to the terms of use and to accept them. If the user does not consider the changes acceptable or objects to a change within the specified period in writing, the user is obligated to discontinue using the website and the platform and, if necessary, withdraw advertisements already placed before the change.
6.1.4 The use of the website is free of charge until the acceptance of the landlord’s rental offer (until the conclusion of the lease agreement between tenant and landlord) that establishes remuneration.
6.2 Online Platform
6.2.1 The user acknowledges and agrees that the website is merely a platform between the landlord and tenant for the apartments offered on the website. Chairos is never a contracting party to the contract concluded between the landlord and the tenant.
6.2.2 Landlords have control over the apartments offered on the website regarding the conclusion of a lease agreement.
6.2.3 The apartments registered on the website are not owned or possessed by Chairos, nor are they equipped, rented, controlled, sublet, or managed or monitored in a similar relationship.
6.3 Authorization and Accounts
6.3.1 Upon registration of a profile, the user assures the website that:
- They are authorized to create a profile in the form specified in these terms of use.
- The information provided during registration and subsequently is correct.
- They are at least 18 years old.
- The tenant also assures that they intend to rent the apartments for employees of their company, not for private purposes.
6.3.2 The transfer of a profile to another person is excluded.
6.3.3 The user agrees to update their personal data if necessary.
6.3.4 The user agrees that Chairos may send them notifications about their account via email or telephone.
6.4 Account Sanctions
6.4.1 The user confirms to comply with applicable laws regarding the use and access of the account.
6.4.2 Any use of the account where:
- False information is provided,
- In the sole discretion of the intermediary, inappropriate information is provided, such as offensive, defamatory, obscene information, and contrary to general personal rights,
- Information that violates the guidelines underlying these terms of use,
may lead to immediate deletion of the profile.
6.5 Website Content & Chairos‘ Limitation of Liability in this regard
6.5.1 The user acknowledges and agrees that they are solely responsible for all content provided through the service.
6.5.2 Chairos is not liable for any content published by users.
6.5.3 Chairos expressly disclaims any warranty or guarantee, whether express or implied, regarding the accuracy, timeliness, or completeness of the information provided.
6.5.4 Chairos expressly prohibits any use of the website other than for the rental/subletting of furnished apartments.
6.6 Content Requirements
6.6.1 The content posted by users is not owned or controlled by Chairos.
6.6.2 Users are solely
responsible for their contributions to the website and hereby warrant that these contributions:
- Do not infringe any copyrights, patent rights, trademark rights, trade secrets, property rights, publicity rights, or privacy rights.
- Do not violate any laws or regulations.
- Do not contain defamatory or libelous content.
- Do not contain erroneous information about themselves or third parties.
- Do not contain viruses or similar harmful software.
- Do not violate applicable privacy rights.
6.6.3 There is no obligation for Chairos to publish the advertisements of landlords. Deletion of content is possible at any time and accepted by the website user. In particular, the intermediary reserves the right to determine the final design of the website, including the formatting and arrangement of contributions. If the user intentionally or negligently causes damage to Chairos through the design of their content, they are liable for compensation. In the event that the user incurs damage as a result of the rearrangement of the website, Chairos is released from liability, unless the damage results from intentional or grossly negligent behavior.
6.7 Indemnification and Hold Harmless
6.7.1 By using the website and its services, the user agrees that any remedies or liabilities sought by them regarding actions or omissions of other users or third parties are limited to a claim against the respective other user who caused them harm. This applies to the extent permitted by law, excluding Chairos.
6.7.2 The user agrees to indemnify Chairos and its employees, agents, subsidiaries, and successors from any liability claims, damages claims, demands, losses, expenses, claims, and costs, including attorney’s fees, which they had to incur from pursuing the following:
- Infringement of third-party rights by the user’s content;
- Any damages, losses, expenses, demands, or other costs incurred by a third-party user in connection with the user’s content or the rental of the property they offer through this website;
- Violation of Sections III, IV, V, or VI.
VII. Compensation
Ongoing payments are made according to the fees and taxes agreed upon in the contract between landlord and tenant. Upon successful booking, Chairos notifies the landlord and tenant again of the total price as well as all components of the price and separately specifies the service fee. The percentage determination of the service fee follows as described in Section 2.3.
7.1 Tax Obligations
Unless rebutted, it is presumed that a user is aware of and duly fulfills their (sales) tax obligations, as long as Chairos has not been informed otherwise. Chairos reserves the right to request evidence of the user’s status as a business or private individual (provider or customer), with the user undertaking to disclose their status as a business owner through appropriate identifiers such as a VAT identification number.
VIII. Termination
8.1 Actions by Chairos
Chairos has the right, at its discretion and without liability to the user, to terminate the user’s access to the website and to permanently delete and block the existing account, prohibit further use of the website, and block the user’s access to their data in cases of violations of these terms and conditions, fraud, non-payment or late payment of compensation, failure to comply with the contractual agreement, collection of information, especially email addresses, about other users without their consent, or any other comparable negligent misconduct. Furthermore, Chairos reserves the right to delete or block existing and published advertisements from landlords that, in Chairos’s discretion, are not flawless, violate these conditions, or are otherwise considered offensive or harmful to the website or Chairos.
Already concluded bookings of the landlord with other users remain unaffected by the deletion of an offer. The same applies to already due claims for payment of the usage fee and/or service fee. If an offer is deleted by Chairos before acceptance by a user, no effective booking is concluded.
In addition to the right of immediate termination, Chairos reserves the right, in case a user violates legal regulations, third-party rights, or the terms and conditions, or if Chairos has any other legitimate interest, to:
8.1.1 Warn the user;
8.1.2 Delete offers or other content of the user;
8.1.3 Restrict the user’s use of the platform;
8.1.4 Temporarily or permanently exclude the user from using the platform (blocking);
8.1.5 Initiate other legal actions (such as filing criminal charges).
In choosing a measure, Chairos considers the legitimate interests of the affected user as well as all circumstances of the violation, especially the degree of fault.
IX. Liability
9.1 General
9.1.1 The properties registered on the website are not owned or possessed by Chairos, nor are they furnished, controlled, rented, sublet, or managed or monitored by it in a similar relationship.
9.1.2 At no time does Chairos become a party to the contract concluded between the landlord and the tenant and cannot assume any responsibility for defects in the leased property or other issues in the contractual relationship between tenant and landlord, particularly the tenant’s obligation to pay monthly rent.
9.1.3 Any liability of Chairos for possible direct, indirect, or consequential damages or losses suffered by a landlord or tenant in connection with the conclusion of the lease contract or contractual actions, including loss of income or revenue, loss of business, loss of profits or missed business opportunities, loss of expected savings, and loss of data, is – to the extent permitted – excluded.
9.1.4 Similarly, Chairos is not liable for direct or indirect consequential damages, lost profits, or other damages arising from the use or temporary or permanent impossibility of using the website or parts of the website and its content. The same applies to direct or indirect damages or consequential damages, including lost profits, loss of data, or loss of company value, service interruptions, damage to computers or system failures, or costs for replacement products or consequential damages resulting from communication and contact with other users of the website.
9.1.5 Chairos’s total liability to both landlords and tenants is limited to a maximum of three times the value of the corresponding usage fee (up to 15%). This limitation does not apply in the event of death or personal injury for which Chairos is responsible.
9.1.6 There is no liability of Chairos regarding the content published by users on the website.
9.1.7 In the event that the user incurs damage due to the restructuring of the website, Chairos is exempt from liability unless the damage results from intentional or grossly negligent behavior.
9.1.8 The landlord alone is responsible for obtaining the documents/information required to conclude a lease agreement. Any additional requirements, restrictions, and behaviors that the landlord demands from the tenant must be communicated to the tenant. At no time is Chairos responsible or liable for compliance with these requirements.
9.1.9 Landlords and tenants accept the condition of the website „as seen“. Furthermore, they accept that Chairos may make changes at any time and without prior notice.
9.2 Problem Cases/Compensation
9.2.1 Claims for damages against Chairos, its representatives, employees, and agents are excluded regardless of the nature of the breach of duty, unless there is intentional or grossly negligent action or a culpable violation of cardinal obligations or of life, limb, body, or health. In the event of slight negligence in the breach of essential contractual obligations (cardinal obligations), Chairos’s liability is limited to the amount of damage typically foreseeable at the time of contract conclusion.
9.2.2 Chairos is not liable for slight negligence in the breach of non-essential contractual obligations.
9.2.3 The above liability limitations do not apply in cases of mandatory statutory liability, fraudulent concealment of a defect, assumption of a guarantee, or culpable bodily harm by Chairos.
9.2.4 Within the legal requirements, representations and warranties regarding the property rented through the platform are excluded against Chairos.
9.2.5 If the intermediary consumer causes damage to the property, the intermediary company is excluded from liability.
9.2.6 Chairos assumes no liability for damages, losses, delays, or inconveniences arising from events beyond its control.
9.3 Cancellation Policies
9.3.1 Booking and viewing inquiries can be canceled at any time by the
potential tenant as well as by the landlord through electronic, telephone, or written notification to Chairos. Chairos then forwards the cancellation to the respective other party. Cancellations become effective only when confirmed by Chairos via email.
9.3.2 The provider has the option to cancel their offer to conclude a lease agreement if the lease agreement has not yet been validly concluded and no positive feedback regarding the tenant’s creditworthiness has been received from the provider.
9.3.3 The landlord can cancel the booking before occupancy in exceptional cases if the customer fails to fulfill their obligations (especially payment of compensation and, if applicable, deposit, but also incorrect number of persons) either in advance or immediately upon occupancy, or if other components of the contractual relationship, as contained in the booking confirmation, are not fulfilled by the customer. In this case, despite cancellation, the customer remains obliged to pay the compensation to the provider for the first month, and this amount can be retained by Chairos if already paid.
9.3.4 The customer can cancel the booking before occupancy if the provider does not comply/fulfill the contractual requirements for the conclusion of the contract, and the contract is therefore terminated, with all payments by the landlord to be refunded in this case and the landlord also obligated to pay the usage fee.
9.3.5 Completed lease agreements cannot usually be canceled anymore. The rental periods regulated in the lease agreement and any cancellation periods specified therein apply.
9.3.6 In the event of a cancellation, the usage fees and service fees payable to Chairos remain unaffected and become due for payment regardless of the continued existence of the bookings.
9.3.7 Legal rights of withdrawal §355 remain unaffected by the cancellation conditions.
X. Right of Withdrawal against Chairos
If a user is a consumer, they also have a statutory right of withdrawal against Chairos (§355). The user enters into a contract for the provision of paid services with Chairos in the booking process and simultaneously with the booking, pursuant to these terms and conditions.
XI. Ineffectiveness
If a competent court or authority considers a part of these provisions to be unlawful or unenforceable, this ineffectiveness does not affect the validity of the remaining terms and conditions.
XII. Assignment
12.1 The landlord and the tenant may not assign any rights and obligations from the underlying contract without written permission from Chairos.
12.2 Chairos reserves the right to assign any rights and obligations from the underlying contract without the consent of the contracting party.
XIII. Final Provisions
13.1 German law applies to all legal disputes with the intermediary company.
13.2 The place of jurisdiction is Frankfurt am Main.
13.3 The version provided in all other languages is for information purposes only and is not part of the legal transaction. In the event of discrepancies between the German and foreign language versions, only the German version is valid.
13.4 If individual provisions of the contract with the user, including these terms and conditions, are or become wholly or partially ineffective, this does not affect the validity of the remaining provisions. The same applies in the event of a contractual gap. Users and landlords undertake to apply a regulation that comes as close as possible to the originally intended one and does not contradict the brokerage or evidence assignment.