Terms of use

PLEASE READ THESE TERMS OF USE CAREFULLY BECAUSE THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS.

General

NGB Living is based in Berlin and offers a constantly growing number of residential flats with fully furnished rooms to rent in prime super city locations in Berlin. Via the websites https://www.ngb-living.de and https://www.ngb-living.com, the user can rent one of many currently available rooms in a fast and easy manner. Independent of your registration, you declare with the use of this website that you have read, understood and accepted the following Terms of use. Furthermore, you give your assurance that you will comply with the Terms of use. These Terms of use are a legal agreement between you and NGB Living. If you do not agree to the Terms of use, you are not permitted to obtain information from the website or to continue to use this information in any other manner.

Eligibility

Access to and the use of the website is only permitted for adults (minimum 18 years or older) and for natural persons of unrestricted legal capacity. The aim of NGB Living is to ensure the prosperous cohabitation of our tenants. Each user is to be provided with an environment that is as free of conflict as possible and that has a high degree of social interaction with flatmates of similar age. For this reason, the use of the website is permitted for the purpose of renting a room only to persons up to the age of 30 years. By accessing or using this website, you confirm and guarantee that you are of the age of 18 years or older but a maximum of 30 years old and have unrestricted legal capacity. Furthermore, you guarantee that you possess the required liquidity to cover the liabilities that arise in concluding a lease. If you cannot provide the required liquidity, you are not permitted to rent a room.

Creation of an Account

In order to be able to use specific features on the website and to be able to rent a room, you must create an account with NGB Living. To do this, you can register directly on the website by entering the required information or by using your existing third-party account with the third-party provider social networking site Facebook Inc. / Facebook Ireland Limited (“Facebook”). If you use your third-party account to register, please allow NGB Living access to this account under the conditions applicable for the use of the third-party account. Moreover, you declare that you are authorized to release your sign-in information and to grant access without violating the Terms of use of the third-party account and without subjecting NGB Living to the obligation to pay fees or subjecting NGB Living to the Terms of use imposed by Facebook.

Following the registration, you will automatically receive a message via email that your account has been set up. The authorization is only valid for you personally, it is not transferable. Your email address serves as the username for the account. During the registration process you will be asked to specify a password of your choice. You are responsible for protecting your password. You agree that you will keep your access identification and password confidential at all times and not inform any third party of these and you will keep these safe and exclude third parties from accessing them. You further agree that you assume sole responsibility for any activities or actions carried out under your member account, regardless of whether you have authorized such activities or actions. You are responsible for any abuse of the access identification and password. In the case of unauthorized use of your account, no matter what kind, by third parties, you will inform NGB Living of this immediately by sending an email to info@ngb-living.de

Only one account per person at NGB Living is permitted. You give your assurance that the registration information is accurate, current and complete and that you will keep this information up to date. NGB Living reserves the right to terminate your account and your access to the website in case of the following conduct violations:

1. failure to use the website over a lengthy period of time,
2. the creation of more than one user account,
3. in the case that violations of any applicable law or of the terms of use are committed,
4. in the case that false, out of date or incomplete information is given during the registration process or afterwards
5. as well as in the case of any possibly modified version of the Terms of use not coming into force owing to the omission of the declaration of consent

There is no right to registration. Registration is at the discretion of NGB Living.

Use of Account by Third Parties

If you grant NGB Living access to your third-party Facebook account, you are aware that your NGB Living member account is linked from the point in time of successful registration with your personal Facebook account. The linking of user accounts allows NGB Living to access certain content that you have provided and stored in your third-party account (“Facebook data”). These Facebook data are all data at Facebook that are defined as existing on your public profile as well as, insofar as they are not already stored on your public profile, your email address, your birthday, your profile picture, interests (“Likes”) and your friends list. You grant NGB Living simple, spatially and temporally unlimited, usage rights to respective content that has been set up and/or is used by NGB Living, insofar as NGB Living wishes to use this content. You declare that you are authorized to grant access and provision of the appropriate content without infringing the Terms of use of the third-party account and without subjecting NGB Living to the obligation to pay fees or subjecting NGB Living to the Terms of use imposed by Facebook. The linking of your NGB Living member account with your third-party account can be disabled at any time in your “profile” on the NGB Living website. Please note that the acceptance of our Terms of use does not affect any agreements you have reached with Facebook in the context of your third-party account and your relationship with Facebook continues to be governed in accordance with these aforementioned agreements. NGB Living is not responsible for Facebook data, nor will NGB Living verify these data, in particular with regards to accuracy, legality or non-infringement of rights.

Liability

Despite constant and careful maintenance and upkeep of the website, NGB Living cannot assume liability for the currency, accuracy or completeness of the information contained on the website nor for the constant availability of the website. Any maintenance work, further development or any other kinds of disturbances can lead to a temporary restriction or interruption of the website’s availability. An obligation on the part of NGB Living to keep the website up to date and always accessible and useable, does not exist.

The liability of NGB Living for damages resulting from the direct or indirect use of the website is excluded, unless compelling legal liability owing to intent, gross negligence, injury to life, limb or health, owing to fraudulent concealment of a fault or owing to the breach of contractual basic obligations, exists. Liability for breach of contractual obligations is limited to basic contract-typical, foreseeable damage, insofar as there is no intent or gross negligence.

Lease and Payment Conditions

The rooms offered on the website are to be understood in each case as a solicitation for an offer to conclude a lease. After entering the required data and subsequently submitting your legally-binding offer to conclude a lease by clicking the button “Submit a Binding Booking ”, you are bound to this offer for five days. If there are several candidates for a room, NGB Living reserves the right to assign the rooms to the most appropriate candidates at its discretion. There does not exist an entitlement on the part of the potential tenant to conclude a lease even in the absence of competitors. With the effective conclusion of a lease and additional service contracts, you are obligated to pay a deposit and the correspondingly stipulated monthly rent to NGB Living, as well as a one-time application fee including transaction costs for issuing the lease contract, providing and maintaining a premium user account throughout the rental period, providing a shared flat room in clean condition* including a complete set of bedding*.

In submitting the legally-binding offer, you agree to give your pre-authorization to be debited for the application fee including transaction costs, as well as for the deposit, up to the time that the lessor accepts or refuses your offer, but for a maximum period of five days.

By concluding a lease agreement through this website, the exclusive contact is NGB GmbH. This furthermore applies if the lease agreement is concluded between the user and a third party (for example the owner of the rented facility) with NGB Living acting as an intermediary. The due rent (current rent and deposit) is to be paid to NGB GmbH, and the Application Fee is to be paid to NGB GmbH as well. Any questions and claims shall exclusively be addressed to NGB GmbH and its support team. The payment service provider does not become party to the lease contract and shall not serve as a point of recourse to the tenant for any matters concerning duties arising out of the lease agreement.

Once tenant submits a legally-binding offer to conclude the lease contract, lessor reserves the rented facilities for tenant. Tenant pays a reservation fee in the amount of the deposit as concluded in the lease agreement.

The reservation fee will be debited from the relevant account of the tenant via the chosen means of payment upon the legally-binding request of the tenant. Upon conclusion of the lease, the lessor is entitled to convert the full amount of the reservation fee into the required deposit, divided into three instalments. If the lease is not concluded, the lessor pays back the reservation fee to the tenant. The payment of the first rent and the application fee (charged for issuing the lease contract, providing and maintaining a premium user account throughout the rental period, providing a shared flat room in clean condition* including a complete set of bedding*) must be made before the rental unit is handed over to the tenant, at the latest at the commencement of the lease. The transfer of the rent must occur without additional transfer costs for the recipient and by means of one of the agreed payment methods. The monthly total rent is to be paid in advance and without additional transfer costs for the recipient on the first working day of each month by means of one of the agreed payment methods.

Changes

NGB Living reserves the right to modify at its sole discretion at any time without notice these Terms of use as well as the content and structure of the NGB Living website at any time. If we make changes to these Terms of use, we will post the changes on the website the next time you log in. We will update the item “last updated date” at the very top of these Terms of use. If the changed Terms of use fail to come into effect owing to your failure to consent to these, either party may terminate all existing agreements with immediate effect, after which you must cease use of the website in question. This shall have no effect on previously concluded contracts, especially any previously concluded lease contracts. Any differing Terms of use decided upon by members do not come into effect, even if we do not explicitly contradict them.

Severability

If any provision contained within these Terms of use are or become invalid or unenforceable, the remaining provisions shall not be affected and that provision shall be enforced within the legally permitted scope.

*Service rendered by a third party

Last update 30^th of November 2017