Procurement Conditions for Landlords   

1.    Field of Application
For all claims regarding the contract between the Qubeat GmbH - Qubeat in the following - and the landlord, exclusively the following terms of contract are effective for the full duration of contract and for all accommodation that are procured by Qubeat.

2.    Qubeat is Procurer
Between the landlord and the according guest Qubeat is exclusively acting as a procurer and operates on behalf of and for account of the according landlord. The relinquishment of the accommodation does not belong to the contractual obligations of Qubeat. In case of a successful procurement, a hiring contract will be accomplished exclusively between the guest and the according landlord.

3.    Registration and usage of a landlord account   
The registration as a landlord and the usage of the landlord account takes place free of charge. The landlord ensures to fill out the registration form truthfully.

4.    Creating and modificating accommodations 
The landlord records all data for the description of his/her accommodation independently through the website of Qubeat. The landlord ensures to fill out the online-form truthfully. He/she provides Qubeat with the image and information material about the accommodation - for which he/she possesses the right of use and the exploitation rights - free of charge and allows the usage. Prices are to be stated including the taxes determined by law.

The landlord commits to check the trueness of the online presentation of his/her accommodation that has been created by Qubeat on the basis of his details given and to immediately report possible mistakes or requests of modifications in written form or via accession of the online form.  

Later occurring modification of the accommodation (e.g. modification of the facilities) or its surrounding (e.g. construction works) made by oneself or through third are to be reported immediately to Qubeat by the landlord in written form or via accession of the online form.  

The landlord pledges not to give any references about private or commercial internet sites, contact details (e.g. e-mail address) or telephone numbers in his/her object presentation.

5.    Reserve, lock and release accommodations   
The landlord may self reserve or further lease his/her accommodation. These dates must immediately be entered in the landlord’s account via the function “Reserve”, so that these dates can be indicated as occupied. If still a double occupation takes place, the booking of Qubeat has priority.   

The Landlord is provided with the functions “Lock“ and “Release”. Locked objects will not be offered or procured by “Qubeat“    

6.    Max. number of persons, minimum booking period, rental release and unpaid days 
The landlord is provided with the functions “Maximum Number of Persons“, “Minimum Booking Period“, “Rental Release“ and “Unpaid Days“. Accommodations will only be offered or procured by Qubeat in compliance with these details.

The “Maximum Number of Persons“ displays how many persons can be accommodated in the accommodation at once.

The "Minimum Booking Period" displays for how many nights an accommodation needs to at least be rented.

The "Rental Release" displays with which time lag the accommodation shall be procured in advance.

"Unpaid Days" display, whether between the departure of one guest and the arrival of another guest shall be a time lag.

7.    Checking recently created and modified accommodations  
In general, Qubeat includes recently created accommodations into their offerings to its sole discretion within one workday and presents these in line with its general business operations.   

If modifications are made at the accommodation through the landlord, the actualisation of these modifications will generally be handled in its sole discretion within one workday.

If the offer is inaccurate or outdated, the landlord is liable to immediately lock his/her accommodation, until the inaccurate details are adjusted through an actualisation of the offer through Qubeat.
   
8.    Procurement of accommodations
The landlord assigns Qubeat to procure each accommodation of the landlord that is offered by Qubeat on the basis of this business management contract on behalf of and for account of the Landlord to third. 

If the guest propositions Qubeat by completing a business management contract with the intention to rent an accommodation, Qubeat checks upon the availability of the accommodation on the basis of the current Occupation Calendar. 

If the accommodation is displayed as available, Qubeat will generally accept the proposition, without any further consultation with the landlord, on the basis of the procurement conditions for the guest and will report guest and landlord about the successful procurement.

9.    Hiring contract after successful procurement
In case of a of successful procurement of an accommodation Qubeat will conclude a rental agreement between guest and landlord on behalf of the guest and on behalf of the landlord.

The landlord commits to immediately report possible modifications at the rental agreement to Qubeat, in case that these are of importance for Qubeat for the further administration.

10.    Booking confirmation after successful confirmation
Qubeat will consult the landlord about the successful procurement of his/her accommodation by sending the landlord a booking confirmation via e-mail. Particularly for short-term modification this notification can also be mady via telephone at once.

Additionally, the booking will be deposited in the landlord’s account and the booking period will be marked as reserved in the booking calendar of the accommodation.

At the same time, with the receipt of his booking confirmation the guest will be asked to consult the landlord within 24 hours, in order to confirm the binding booking a second time to the landlord.

11.    Verification of the Guest's identity
Generally, Qubeat possesses no possibilities to check upon the trueness of the details given by the guest, if the booking has been made telephonically or via the internet. Thus, it will stay the landlord’s responsibility to check upon the identity of the guest in his/her sole discretion.

12.    Confirmation of notice
The landlord engages with Qubeat to confirm new bookings within 24 hours in his/her landlord’s account.

The confirmation solely serves the quality assurance of the procurement services effected by Qubeat. If the landlord does not confirm a new booking, Qubeat will try to consult the landlord or guest in its sole discretion.

If these efforts by Qubeat do not lead to any result, Qubeat is authorised in its sole discretion to take action in order to avert the occurrence of the guests or damages for Qubeat.

13.    Booking administration
Within its business operation, Qubeat undertakes the administration of the bookings and to support those clients that have booked their object via Qubeat.

The landlord complies with the principles of the booking administration, according to which Qubeat performs modifications and cancellations. 

Qubeat will consult the Landlord via e-mail about cancellations or modifications of a booking. Particularly for short-term events this notification may also take place telephonically, at once.

14.    Processing with guest  
The landlord will invoice the total price of a booking and will collect the amount from the guest. The landlord or his/her key holder hand over the object at tthe stipulated time and in the contractually described and utilisable condition.
 
15.    Commission for procurement 
For the procurement service the landlord will pay Qubeat a portion of 19% from the total price of the booking procured by Qubeat. Included in the total price of the booking are the overnight costs and the additional expenses that are listed in the booking confirmation. The value-added tax determined by law is included in the commission rate. The procurement service is considered as performed along with the forwarding of a booking confirmation to the landlord and the guest.  

If Qubeat performs a booking confirmation, the commission rate will be redetermined on the basis of the new total price. The cancellation charges, if these are due for a booking modification, are then also included in the total price. The procurement service is considered as performed along with the forwarding of the booking modification to the landlord and the guest.  

On a regular basis Qubeat generates a commission calculation that takes all bookings into consideration where the departure date has been in the previous month. The landlord transfers the amount within 14 days to Qubeat, after the landlord has been notified about the commission statement. Qubeat will create an invoice by the time the calculated amount has completely credited to the account of Qubeat.  

16.    Waiver of commission in case of cancellation
In case of a complete cancellation of a booking Qubeat will not calculate a cancellation charge for this booking, unless the cancellation is to be considered as a consequence of a gross negligence. This is generally the case, if the reservation calendar has repeatedly not been administered or if it systematically has been intended to defeat the commission charges to Qubeat.

17.    Rights of use and property rights for the object
If the landlord assigns the rights of use and property rights of an object to another party, he makes sure that his successor will make the object available to the client to the already reserved dates. The landlord will immediately report Qubeat the assignment of the rights of use or property rights of an object.
 
18.    Sanctions
Qubeat is authorised to temporarily lock the access to the landlord’s account or the presentation of an object, in case the landlord has violated against tlandlord into consideration in an appropriate way.
 
19.    Liability
The landlord ensures the proper condition of the object and is liable for the trueness of the details made by him and the existence of vested characteristics to Qubeat.

This particularly applies for correct details and the image and documentation material delivered by the landlord. The landlord assures that he/she is authorised for the transmission and contracually determined rights of use. 

Towards the guest and Qubeat, the landlord is liable for the provision of the object in due time in a contractually and rentable condition.

The landlord exempts Qubeat from liability, except from intention and cases of gross negligence.

If Qubeat has to pay compensations, refunds etc. to the guests due to judicial decisions or extrajudicial decisions, Qubeat may fall back on the landlord to the full extend.

In case of a courtroom dispute the landlord bears the full expenditures of Qubeat for lawyer’s and court costs, besides the compensation and reduction claims of the guest, to full extend. 

Qubeat assumes no liability for damages and diversions occurred through guests. Those will be compensated directly by the client. 

20.    Termination   
This contract may be cancelled at any time and without giving any reasons within a period of 7 calendar days.

21.    Consequences for termination
The cancellation of the contract has the consequence that Qubeat will stop its procurement performance for the landlord and the administration of the bookings.

The cancellation of the contract has no influence on already completed rental agreements. The landlord remains liable for the services and undertades the administration of the bookings according to the principles agreed upon.

By the time of submission of the cancellation statement the commissions for all procurement services before or after the cancellation statement will become immediately due.

As a consequence of a cancellation the landlord’s account will be locked after expiration of the cancellation period.

22.    Final clauses
The invalidity or ineffectiveness of individual clauses does not affect the validation of remaining stipulations. The parties will replace insufficient clauses by efficient ones, that economically and legally come as close as possible to these. All disputes and disagreements within this contract shall be managed in a mutual agreement. Only in case of a courtroom dispute Berlin is considered as place of jurisdiction.