General Terms and Conditions
1. Object
1.1 Application of these Terms and Conditions and amendment
These General Terms and Conditions (hereinafter referred to as GTC) apply to all contracts between the booking platform SOULWORK, owner Alexander Sturm, Am Düngelbruch 58, 44625 Herne (hereinafter referred to as Soulwork) and the tenant or landlord.
The headings of these contractual terms and conditions are for guidance only. They are not relevant for the interpretation of the contractual terms and conditions.
In the event of contradictions between the contractual conditions of this website and any contractual conditions of business users, the contractual conditions of Soulwork shall apply. Soulwork expressly objects
to any terms and conditions of the tenant or the landlord.
These GTC may be amended by Soulwork . Insofar as the amendment affects a principal obligation of the contract concluded between the Lessee or Lessor and SoulworkSoulwork, the express consent of the contractual partner shall be required. Otherwise the following applies:
For non-business users, the change is possible if it is objectively justified. Such objective justification is given in the event of a change in the legal situation, supreme court rulings, technical necessity or market conditions. Such changes must be announced with a notice period of at least 2 months. Soulwork must present the intended changes transparently. The non-business user has the option to object to the inclusion of the new contractual relationships within a period of 4 weeks. If the objection is not made within the deadline, the new contractual relationships shall be included in the contract.
A change to the contractual terms and conditions is permitted for business users, provided the change is reasonable and justified by a legitimate interest of Soulwork. If no objection or termination is made within a period of 2 weeks, the change shall be deemed to have been consented to.
1.2 Legal capacity and entrepreneurial authorization
Both landlords and tenants must have full legal capacity, i.e. be at least 18 years old, at the time of registration and must not be subject to any restrictions regarding their ability to enter into legally binding contracts.
Companies registering on the website of Soulworkensure that the person using the website has the legal authority to make legally binding statements on behalf of the company.
1.2 Legal classification of the services of Soulwork
Soulworkprovides "information society services" in accordance with Art. 2a) of the "eCommerce Directive" (2000/31/EC). This service is designed to provide an electronic tool, based on a structured accommodation list and criteria-based search features, which facilitates the conclusion of rental agreements between tenants and landlords.
1.4 Opportunities to participate in the offer of Soulwork
Soulworkrequires a valid rental license in accordance with the national law of the landlord as a condition for placement in the accommodation list. Otherwise, subject to the provision in section 3.1, the selection of landlords and tenants is not subject to any conditions.
1.5 No party to the rental agreement
The confirmation of the booking shall constitute a contract between the Lessor and the Lessee. The terms and conditions of this contract are determined by the parties to the rental agreement. Soulwork is not part of the rental agreement between the landlord and tenant. In particular, Soulwork is not liablefor the specific quality of the rental property offered by the Landlord. In the event of differences arising from this rental agreement, Soulwork does not act as an intermediary. Soulwork has no influence on the pricing of the rental agreements. The landlord is responsible for the rent amount.
Communication between the landlord and tenant is the sole responsibility of the landlord.
1.6 Application of the law
The users of the offer of Soulwork agree to the application of the law of the Federal Republic of Germany. If the lessor of another country concludes a contract with Soulwork as a consumer,
the mandatory law of that country shall apply.
The above application of law clause does not apply to rental agreements. Their legal basis is derived from the contract itself.
The settlement of mutual financial transactions shall take place exclusively in EURO.
2. Claims and obligations of the tenants
2.1 Free access for tenants
Interested parties and tenants have unrestricted access to the offer of Soulwork. You are obliged to comply with the provisions governing the use of the website of Soulwork, be they statutory, tool-based or stipulated by the provider.
2.2 Use and personal data
Tenants who make use of the services offered by Soulwork are obliged to provide information about their legal identity when registering in accordance with the privacy policy published on this website. In doing so, they guarantee that they will only provide truthful information regarding their person/company name, addresses, contact details and, if applicable, tax information (if required by law). The use of aliases is prohibited.
Soulwork may request proof of identity at its own discretion and may also freely decide whether to reject the request in the event of discrepancies.
2.3 Guest account
The Tenant shall be given the opportunity to register for a "guest account" after making a booking that is effective under the contract. In the guest account, the tenant can retrieve their booking data and update the data required for the booking, which is made available to the landlord.
The tenant can delete their guest account at any time.
Soulwork reserves the right to delete the guest account in the event of non-compliance with the binding requirements of this website and to inform the renter of this.
Soulwork indicates that landlords are often legally obliged to request data such as proof of identity from all fellow travelers in order to carry out the booking in accordance with the law. The landlord is obliged to inform the guest on time about the necessary booking data.
2.4 Verification of the existence of the landlord and property
Soulwork assures that, to the best of its knowledge and belief, it has verified the legal existence of the Landlord and the actual existence of the properties offered by the LandlordHowever, Soulwork assumes no liability for the existence of the properties.
2.5 No claims for payment by Soulwork against tenants
Payment claims in the form of commission claims arise on the basis of the contract concluded between the landlord and Soulworkonly against landlords, not against tenants. Payment claims from the original rental relationship between landlord and tenant remain unaffected by this.
2.6 Relationship with the landlord
In the event of a rental agreement, the terms and conditions of the rental agreement shall apply to the relationship between the Lessor and the Lessee. The landlord is entitled to base the rental agreement on its own terms and conditions. These terms and conditions may, for example, regulate cancellation, rights of use, etc. Soulwork has no influence on the form of the rental agreement. These conditions only apply if they have become part of the rental agreement under applicable law.
Soulwork disclaims sole responsibility for the content and design of the advertisements placed on the booking platform.
If Soulwork receives payments from the Tenant, it does so as the representative of the Landlord. Soulwork shall not thereby become a party to the rental agreement.
The landlord is obliged to inform Soulwork of any change in its status, in particular in the event of sale or change of name.
2.7 Occupancy/tourist/accommodation/stay tax or similar
As a rule, tenants must pay a state tax for the duration of their stay, which is usually based on the number of overnight stays. If required or permitted, Soulwork can collect this tax together with the rent and pass it on to the landlord. In certain regions, there are local reimbursement claims. Tenants are responsible for the implementation of any reimbursement by local authorities. Soulwork is not obliged to draw attention to such a refund option.
3. Claims and obligations of landlords
3.1 Rental permission, free access and property criteria
Lessors can be entrepreneurs, agencies or private individual lessors. Landlords are responsible for determining their status as entrepreneurs or consumers. This also applies to determining the status of the tenant.
Lessors warrant that they have a valid rental license in accordance with the national law of the rental property. They also guarantee that the properties they offer comply with the country-specific building regulations. They then have access to the offer of Soulwork. You are obliged to comply with the provisions governing the use of the website of Soulwork, whether they are statutory, tool-based or specified by the provider.
All rental properties listed on Soulworkshould be in a well-kept condition and have good quality essential features such as beds, kitchen equipment and work furniture. In addition, the rental properties should offer a quiet living and working environment and must therefore not be directly affected by high noise levels such as restaurants, road traffic and airports. The property photos in the advertisements should be of a professional standard.
Soulwork is entitled to reject advertisements at its own discretion. This applies, among other things, if the intended advertisement does not comply with the advertising conditions, if the landlord cannot provide proof of a valid rental license or if Soulwork considers a rejection to be justified for business reasons. Such business reasons may be, for example:
- Communication not possible in a common language,
- Doubts about the maintenance and care of the property
- Doubts about the noise impact due to the location of the property
- Doubts about the quality of the fixtures and fittings
- Conflicting general terms and conditions
- Tax or legal requirements of the potential contractual partner
3.2 Commencement of the contractual relationship
The contract begins with the booking of a tariff on the homepage of Soulworkand the acceptance of the General Terms and Conditions (GTCs).
The landlord is entitled to the services according to the tariff description.
Soulwork is entitled to check the advertisement for the actual existence of the property offered, the authorization to rent by the landlord and the accuracy of the information before activating the advertisement.
3.3 Content of the advertisement
Landlords are responsible for the content of their advertisement. An advertisement must be truthful. It must contain all the essential features of the property. Landlords are obliged to actually provide the features of the rental property that they advertise and that determine its value (such as size, number of rooms, location, furnishings, etc.).
The images and content of the advertisement must relate to the specific property. Designations such as "of the same type" or similar may not be used.
Landlords are not permitted to impose conditions that deviate from the advertisement.
Significant changes to the property that affect the services offered must be communicated to Soulwork.
The landlord guarantees Soulwork that all content that the landlord places in his offer on the booking platform is free of third-party rights. The landlord grants Soulwork the rights of use to the content necessary for the fulfillment of the contract.
Soulwork is authorized to place the advertisement or content from it on other websites, its social media channels and in its email newsletter. Soulwork always acts in the interest of the visibility of the vacation rental.
3.4 Exclusion of content
Landlords must design their advertisements in such a way that direct contact by the tenant is excluded. Specifically, no clear or alias names of the landlord or property, email addresses, websites, telephone numbers or unique locations may be mentioned. The placement of marketing measures is prohibited.
Further excluded is any content that violates the law or the rights of third parties. In particular, the ad must not contain any offensive, hateful, discriminatory, racist, sexist or pornographic content.
Soulwork reserves the right to review ads and terminate the contractual relationship due to violation of the above rules. The content of an advertisement may only be corrected in agreement with the landlord.
3.5. Ranking of advertisements in list overview
The ranking of advertisements on the platform is largely based on the filter and sorting settings of the respective visitor to the website.
The ranking of the displayed advertisements can be positively influenced by positive ratings, high quality and quantity of image material, and completeness of the information. Soulwork reserves the right to adjust the placement of the advertisements at its own discretion and after checking the advertisement data. Landlords can request Soulwork to re-evaluate their ad after a data update to check the ranking of their ad and improve it if necessary.
3.6. Further obligations of the landlord
Landlords are obliged:
- to keep an up-to-date occupancy calendar in their advertisement.
- to answer booking inquiries within 24 hours of receipt.
- to answer follow-up inquiries within 24 hours.
- to cancel accepted bookings only for good cause.
3.7. Landlords' claims against Soulwork
The Landlord's claims against Soulworkare based on the current service description (https://www.soulwork.de/de/dashboard/tarife) of the booked rate.
The landlord is entitled to design his advertisement with free content, provided that it meets the conditions of these GTC. The advertising conditions shall apply.
The term of the rates is 1 year and is tacitly extended for an indefinite period unless the landlord gives 1 month's notice of termination.
3.8. Claim for commission from Soulwork
Soulwork receives a commission from the Landlord for each booking, which is calculated as a percentage of the rent owed plus ancillary costs. The rent comprises the agreed rent, plus VAT if applicable. The rent also includes the rent for rooms/areas charged separately in addition to the basic rent, such as garage, parking space, pool use, etc., as well as invoiced ancillary costs such as cleaning and consumption, which are not at the discretion of the tenant. A deposit or optionally rentable items such as office furniture and equipment, additional beds, etc. are not subject to commission.
Reductions or contract rescission/cancellations after the conclusion of the rental agreement shall have no influence on the claim for remuneration of Soulwork.
The landlord is obliged to provide the complete final account with the tenant to Soulwork upon request.
3.9. Cancellation and rental conditions
The Landlord shall be entitled to determine the terms and conditions of the rental agreement, e.g. cancellation, rights of use, house rules, etc.. These conditions shall be clearly communicated to the Guest and also to Soulwork. The landlord is responsible for their effective inclusion in the rental agreement. Cancellation and rental conditions are the subject of the rental agreement and therefore have no influence on the commission claim of Soulwork.
3.10. Amount of the commission
The commission to be paid by the landlord is 12.5% of the rent according to clause 3.8. Deviating agreements are possible.
In addition, the applicable value added tax shall be added.
Should a claim for payment by the landlord not arise in full or in part due to the landlord's fault (e.g. due to a reduction in rent), the commission claim of Soulwork shall remain in full. The same applies if the landlord and tenant terminate the rental agreement by mutual agreement.
3.11. Due date of the commission
The commission shall be paid within ten working days of the booking being completed.
If payment is processed by Soulwork (see 4.1), the commission will be deducted directly when the payment is forwarded to the landlord.
3.12. Termination of the contractual relationship
The contractual relationship between Soulwork and the Landlord shall end after termination of the booked rate and deletion of all advertisements on the Platform.
Soulwork may refuse to continue the contractual relationship with a notice period of 1 month before the expiry of the booked rate if violations of the advertising conditions are detected. The landlord must be informed of this and of the reasons for the termination of the contract in text form.
The Landlord may delete its advertisements and its user account with 24 hours' notice.
The mutual right to extraordinary termination remains unaffected.
An important reason for extraordinary termination is, among other things, if the landlord violates the advertising conditions and does not remedy the violations within 48 hours of being requested to do so by Soulwork.
Any termination must be in text form to be effective.
In the event of particularly serious violations, e.g. against the ban on racist or sexualized content,Soulwork shall be entitled to remove the ad from the portal. In this case, the landlord must be informed of this in text form.
4. Payment processing
4.1. Currency determination
Payment transactions for commission claims shall be processed in EURO.
4.2. Prices and VAT
All prices stated on Soulwork are gross prices. Landlords are obliged to state the prices including the applicable VAT. The landlord is responsible for the correct declaration of VAT.
4.3. Payment of rental fee and additional services
The payment of the rental price and mandatory, fixed-rate additional costs, such as the final cleaning fee, is processed via Soulwork.
Possible optional additional services that are subject to a fee, a deposit and mandatory additional costs such as energy consumption, which are billed according to consumption, are paid directly to the landlord. These items, if any, are listed in the booking dialog under “On Site”.
Any agreements that differ from this clause must be in writing to be effective.
4.4. Payment methods
The available payment methods are SEPA transfer and payment by credit card.
Payment by credit card is processed with the help of the payment service provider Stripe, Inc.
For payments by SEPA transfer, the tenant receives a cashback of 1% of the rental fee.
The rental fee includes the amount of the rent and any paid utilities, which are paid in advance. Amounts paid separately to the landlord for optional utilities or utilities that are added on site are not part of the cashback program for SEPA transfers. If the rental fee is divided into an initial and final payment, the cashback can only be refunded if both payments are made by SEPA transfer.
5. Rating systems
After completing a booking, the Tenant has the option of rating the rental property and the Host's service via the Platform. Only one review per travel group and stay is permitted.
The tenant must have full legal capacity to submit a review and be able to provide proof of the stay in the vacation property upon request.
This review will be added to the listing of the landlord's property.
In the event of excessively negative or unjustified reviews, the landlord has the right to request the deletion of the review from Soulwork. Soulwork is entitled to delete reviews with offensive, hateful, discriminatory, racist, sexist or pornographic content.
Soulwork is entitled to summarize reviews from international holiday home portals for an initial assessment of the holiday property and to provide guidance for potential tenants. We do not check reviews ourselves, but only include reviews from portals that only allow tenants to rate properties after they have been booked.
The average ratings of the property on these portals are published as a collected initial rating on the Soulwork platform and marked accordingly. The landlord will be informed by Soulwork about the publication of this review. As of September 1, 2024, the cut-off date for the summary of the reviews is always the first day of each month after the property has been advertised on Soulwork. Reviews that correspond to a different scale are converted to the five-star scale of Soulwork.
After an inspection of the property by a Soulwork employee, Soulwork is entitled to provide its own assessment of the condition of the property and the conditions for digital work (in particular, workplace options and Wi-Fi speed). This assessment is published as an audit certificate on the Soulwork platform and integrated into the description of the respective property.
6. Disclaimer
Soulwork assumes no liability for damage to the legal interests of the tenant or landlord caused by the other party to the contract.
Soulwork shall be liable without limitation for damages caused by itself, its employees and vicarious agents intentionally or through gross negligence, in the event of fraudulent concealment of defects, in the event of the express assumption of a guarantee and for damages resulting from injury to life, limb and health. Soulwork shall only be liable for other damages if an obligation is breached, the fulfillment of which is essential for the proper execution of the contract with the Lessor or the Lessee and on the observance of which the contractual partner may regularly rely (cardinal obligation). The liability for damages is limited to such damages that are to be regarded as typical for the contract and foreseeable. Any liability under the Product Liability Act remains unaffected. Any liability of Soulwork exceeding the foregoing shall be excluded. Soulwork shall in particular not be liable for lost profits, lost savings, indirect damages and consequential damages.
Soulwork shall not be liable for the existence of the rental objects (cf. Section 2.4).
7. Final provisions
Soulwork shall not participate in any extrajudicial arbitration proceedings unless it is legally and mandatorily obliged to do so.
Amendments to the contract concluded between Soulwork and the landlord or tenant must be confirmed in text form in order to be effective.
