The General Terms & Conditions (GTC) form an appendix to every Rental Agreement. They describe the rules that govern various situations in our contractual relationship. The GTC currently in effect will always be displayed on this webpage.
Below please find the current version of the General Terms & Conditions, in effect as of September 1st, 2022.
To preview the previous version, in effect as of December 1st, 2021, please click here.
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These general terms and conditions (hereinafter referred to as “GTC“) were prepared and issued by the company UlovDomov.cz s.r.o., registered office at Milady Horákové 1957/13, 602 00 Brno, company ID No.: 293 00 631, registered in the Companies Register kept by the Regional Court in Brno, file No. C 724 44 (hereinafter referred to as “Company” or “UlovDomov.cz” or “company UlovDomov.cz“ or “Tenant“).
UlovDomov.cz is a company whose scope of business includes, but is not limited to, renting out and subleasing properties (with and without the right to the fruits).
These GTC set out the main conditions and rules for concluding and terminating an agreement on the use (with or without the right to the fruits) of a property (hereinafter “Apartment“ or “Property“ or “Dwelling Unit“) as well as the terms of the agreement and the rights and obligations arising therefrom (hereinafter “Rental Agreement“ or “Agreement“). The relationship established by such a Rental Agreement is hereinafter referred to as the “Landlord-Tenant Relationship”.
The Landlord is defined in these GTC as a person who has concluded a Rental Agreement with the company UlovDomov.cz.
These GTC form an appendix to each Rental Agreement concluded by and between UlovDomov.cz and a Landlord. Additionally, these GTC form an integral part of each agreement concluded by and between UlovDomov.cz and the Landlord concerned with the Landlord-Tenant Relationship with respect to a rented Property, provided such an agreement refers to these GTC. These GTC must either be attached to such an agreement or the Landlord must be familiar therewith. The Landlord is considered to be familiar with these GTC in the following situations (without limitation): (a) the Landlord confirms they have accepted or become familiar therewith by attaching their signature thereto, or (b) these GTC have been sent to the Landlord by email.
By signing a Rental Agreement to which these GTC are attached or which contains a reference to these GTC, the Llord expressly represents that they are familiar with the entire contents of these GTC and that they agree unconditionally therewith. By signing a Rental Agreement to which these GTC are attached or which contains a reference to these GTC, the Landlord also agrees, expressly and unconditionally, with all the legal relations between them and UlovDomov.cz concerning the provision of accommodation in a rented Property being governed by these GTC.
A Rental Agreement or a Handover Report (associated with a Rental Agreement) might regulate rights and obligations by way of derogation from these GTC (Part E, or the relevant text box in the Handover Report), in which case such a derogatory provision is superior to the provisions hereof. Such a derogatory provision, if any, must be included in the provisions contained in Part E of the Rental Agreement, or in the relevant text box in the Handover Report. If such a Rental Agreement or Handover Report contains regulation of rights and obligations not regulated by the GTC, the regulation in the Rental Agreement applies by way of derogation from the GTC. These GTC may only be derogated from subject to a written agreement concluded by and between UlovDomov.cz and the Landlord. Unless expressly agreed upon otherwise in the Handover Report, the rights and obligations stated in the Handover Report are as binding on the parties as the Rental Agreement.
The Landlord expressly acknowledges that the primary means of communication with the Company is communication through the client zone (hereinafter “CZ”), which the Company agrees to make accessible to the Landlord by providing them with unique login credentials. The Landlord expressly acknowledges that any notification to be made to the Company must be made through the CZ. The secondary means of communication with the Company is email; however, email notifications are only permissible if the Landlord is unable to use the CZ for objective reasons and provided notifications are addressed to firstname.lastname@example.org. The Landlord undertakes to have a functional email address for the duration of any legal relationship with the Company and for 3 years after the termination of such a legal relationship. In the event of such an email address not being functional, the Landlord undertakes to provide the Company with a functional email address to replace the old non-functional email address.
By executing this Agreement, the Landlord agrees to allow the Tenant to use the Property and its fruits temporarily while the Tenant agrees to pay to the Landlord the rent.
Unless expressly stated otherwise, the Landlord represents and warrants that they are the exclusive owner of the Property specified in Part B of the Agreement and that they wish to allow the Tenant to use the Property in question subject to the terms and conditions hereof. The Tenant hereby accepts the rented Property and agrees to use the rented Property and its fruits subject to the terms and conditions stipulated in the Agreement.
The layout of the Property is provided in Part B of the Agreement.
The condition of the Property and the equipment as well as defects, if any, are to be stated in the Handover Report, which must be drawn up by the contractual parties on the day the Property is handed over. It is agreed by the contractual parties that photographs are not an integral part of the Handover Report, but they will be provided to the Landlord through the CZ no later than 15 days after the Agreement execution date.
The Tenant may use all the plugs, sockets and connectors (including meters installed by the Landlord) to ensure provision of services connected with the use of the Property (hereinafter referred to as “Services”).
The rental, which is agreed for a definite period of time specified in Part C of the Rental Agreement, starts on the first day a valid sublease (or any other similar relationship) exists with respect to the Property in question between the Tenant and an end user of the Property. The Tenant must notify the Landlord of the date on which a sublease becomes effective no later than 7 days after the day the Tenant was notified, or was reasonably expected to be notified, thereof. If the Property is not being subleased, the Tenant agrees to notify the Kandlord thereof, in which case the Landlord may access the Property so as to inspect it. If the condition stated in the preceding sentence is not met within two months of the day the Landlord allowed, repeatedly and unconditionally, the Tenant, or persons authorized by the Tenant, to regularly access the Property with prospective subtenants, each party hereto may terminate this Agreement without a notice period. The preceding sentence becomes effective when this Agreement is signed by the last of the contractual parties and the contractual parties declare that they consider it to be effective regardless of whether the remaining portions of the Agreement are effective.
After the expiry of the rental period, the contractual parties agree that the rental period will automatically be extended by 1 year unless the Landlord or the Tenant notify the other party, in writing and no later than 2 months prior to the expiry date thereof, that they do not wish to automatically extend the rental period. The Tenant is not obliged to inform the Landlord why they do not consent to the rental period being extended automatically.
If the “Garant Plus” or the “Garant Fix” option as defined in Part C of the Agreement is selected, the Landlord agrees that a sublease or similar relationship between the Tenant and a subleasing party is entered into with respect to this Agreement prior to the commencement of the rental period under this Agreement. If a sublease or similar relationship mentioned in the previous sentence is entered into or established, the Tenant must notify the Landlord of the inception date of such a relationship as well as pay to the Landlord an amount to be calculated on a pro rata basis that takes into consideration the rent and the advance payments as defined in Parts C and D. Payment of the amount stated in the previous sentence results in the rental period agreed upon in Part C being changed and moved forward proportionately by the number of days for which rent and advance payments have been paid.
The Landlord must hand over, no later than the first day of the rental period under 4.1, to the Tenant the Property whose condition makes it suitable for occupancy. The Property is considered accessible when the Tenant has received the keys and there are no obstacles that prevent them from accessing the Property. Additionally, the Landlord agrees to allow the Tenant to access the Property with prospective subtenants on the date of execution hereof or anytime thereafter provided the Tenant requests such a viewing in advance.
The contractual parties undertake to draw up a handover report defined in 3.3 documenting the handover and takeover of the Property.
After the expiry of the rental period, the Tenant is obliged to return the Apartment to the Landlord in the condition in which it was accepted by the Tenant, except for reasonable wear and tear caused by normal use and except for such defects that the Landlord is obliged to remedy.
The total rent to be paid corresponds to the amount agreed upon in Part C of this Agreement; additionally, it is agreed upon by the contractual parties that the rent is to be calculated based on which of the options detailed in 6.1 hereof has been selected by the contractual parties in Part C. The contractual parties have also agreed that the rent does not include compensation for Services stated in 6.2 unless stipulated otherwise further in this article.
If the “Garant” option has been selected, the rent is to be calculated by the contractual parties as follows:
a) if a valid sublease or a similar relationship with an end user with respect to the Property in question (hereinafter only referred to as “Sublease” in this article) exists in the course of the rental period, then it is agreed that for the duration of such a Sublease the rent amounts to the relevant percentage, stated in Part C, of the sublease rounded to two decimal places. The contractual parties have agreed that Services defined in 6.2 are not included in the total rent under this article. The Tenant must notify the Landlord of the Sublease start and finish date as well as of the rent to be paid by the subleasing party; such notification must be made no later than 7 days after the day the Tenant was notified, or was reasonably expected to be notified, of these facts. If the Property is not being subleased, the Tenant agrees to notify the Landlord thereof, in which case the Landlord may access the Property so as to inspect it. If the situation described above (i.e. execution of a sublease agreement) occurs on any day of the month except the first day, rent and advance payments are to be calculated on a pro rata basis: the monthly rent agreed upon is to be divided by the number of days of the month and multiplied by the number of days in which a Sublease exists.
b) in the event of there being no valid Sublease or similar relationship with an end user with respect to the Property in the course of the rental period, the rent amounts to CZK 1 a month (one Czech crown a month) for as long as no valid Sublease exists. The contractual parties have agreed that in such a case the advance payments defined in 6.2 amount to CZK 0 (zero Czech crowns) and constitute lump sum payments as defined in Sec. 9(1) of Czech Act No. 67/2013 Sb.; in case of this provision hereof being applied, the contractual parties exclude the application of 6.2 and 6.3 of these GTC for as long as rent is paid and other payments are made under these GTC.
If the “Garant Plus” option has been selected, the rent is to be calculated by the contractual parties as follows:
a) it is agreed that throughout the rental period, the rent hereunder amounts to either the sum agreed upon in Part C of this Agreement (hereinafter “Fixed Rent”), or the percentage of the Sublease payment (under a sublease agreement) agreed upon in Part C rounded to two decimal places provided a Sublease or a similar relationship exists between the Tenant and an end user of the Property (hereinafter “Sublease”) (hereinafter “Derived Rent”), whichever is higher. The contractual parties have agreed the rent hereunder does not include the services stated in 6.2. The Tenant must notify the Landlord of the Sublease start and finish date as well as of the rent to be paid by the subleasing party; such notification must be made no later than 7 days after the day the Tenant was notified, or was reasonably expected to be notified, of these facts. If the Property is not being subleased, the Tenant agrees to notify the Landlord thereof, in which case the Landlord may access the Property so as to inspect it. If the situation described above (i.e. execution of a sublease agreement) occurs on any day of the month except the first day, rent and advance payments are to be calculated on a pro rata basis: the monthly rent agreed upon is to be divided by the number of days of the month and multiplied by the number of days in which a Sublease exists.
If the “Garant Fix” option has been selected, the rent is to be calculated by the contractual parties as follows:
a) the total rent amounts to the sum agreed upon in Part C of this Agreement. The contractual parties have hereby agreed the rent hereunder does not include the Services stated in 6.2 hereof.
The Landlord agrees to ensure provision of the Services stated in Part D hereof for the Tenant by engaging service distributors, and the Tenant undertakes to make regular advance payments for these Services.
If the price of these Services increases during the rental period, the advance payments will be increased accordingly by the contractual parties.
The monthly rent as well as the advance payments for the Services given in 6.2 are to be paid by the Tenant into the Landlord’s bank account stated in Part A of the Agreement and within the due date agreed upon, i.e. no later than the 15th (fifteenth) day of the current calendar month for which the rent is being paid. The tenant may set off its receivables owed by the Landlord, if any, against the Landlord’s receivables owed by the Tenant such as by subtracting a given amount from the rent and sending to the Landlord a sum that is the result of such subtraction.
If a security deposit is required by Part E of the Agreement, the Tenant agrees to lodge the security deposit with the Landlord amounting to the sum agreed upon in Part E of this Agreement; the security deposit is to be sent by wire transfer into the Landlord’s bank account given in Part A of the Agreement. The security deposit must be paid to the Landlord no later than the date the first rent is to be paid under these GTC. On condition all advance payments have been made and all services and rent have been paid, the Landlord agrees to return the security deposit to the Tenant within 30 days of the expiry of the rental period. The Landlord is prohibited from unilaterally setting off any of its receivables owed by the Tenant against the Tenant’s right to receive the security deposit under this provision hereof.
The fees for the provision of the Services stated in 6.2 are to be paid to the providers by the Landlord.
The contractual parties agree that if any Services are stated in Part E hereof, the contractual relationship ensuring their provision is to be entered into by the provider and the Tenant or the subleasing party. This provision applies to Landlord-Tenant relationships whose term exceeds two years, but it does not apply to “Garant”-type agreements.
The advance payments made will always be accounted for by the Landlord (hereinafter “Landlord’s bills”) retrospectively at least once a year based on the providers’ statements and the association of unit owners’ (SVJ) statements (hereinafter jointly referred to as “providers’ statements”), and the real consumption. If the Landlord failed to provide the necessary assistance when the Property was being handed over and when the handover report (stating all the relevant meter readings) was being drawn up and it is later discovered that the advance payments made by the Tenant were insufficient, the Tenant is not obliged to settle any such underpayment; the Landlord’s failure under this sentence includes, but is not limited to, the Landlord’s or the Landlord’s authorized person’s failure to be present when the Property was to be handed over and the handover report was to be drawn up or their refusal to sign the handover report or their failure to state the relevant meter readings in the handover report.
Underpayment or overpayment on bills, if any, identified in the Landlord’s bills is due within 90 days of the date the Landlord’s bills are delivered to the Tenant. In case of the Landlord’s failure to deliver the Landlord’s bills based on the providers’ statements, overpayment on bills, if any, is due no later than the fifteenth day after the end of the billing period.
The Landlord agrees to provide the Tenant, for as long as is necessary, with the original providers’ statements mentioned in 7.3 hereof so as to enable the Tenant to prepare billing statements for the subleasing party; the Tenant undertakes to return such providers’ statements to the Landlord thereafter. If reasonably necessary, the Landlord is obliged to grant the Tenant a power of attorney to obtain such statements.
If requested to do so by the Tenant, the Landlord agrees to allow – without undue delay, i.e. no later than 14 days after the date of such a request – the Tenant to consult and/or make extracts and/or copies of the original providers’ statements. It is conclusively presumed that in case of underpayment on bills, the Tenant is not in arrears for the duration of the Landlord’s failure to provide the original providers’ statements.
The contractual parties have agreed that services and supplies not defined in 6.2 of this Agreement as well as property repair fund contributions, if any, are the responsibility of the Landlord and such payments are included in the rent under the provisions of 6.1 hereof.
The Landlord must provide the Tenant with the service providers’ statements for a given year no later than April the fifteenth of the year that follows. Failure of the Landlord to meet this obligation results in the Landlord having to pay a contractual penalty of CZK 100 for each day of such failure.
Should any of the advance payments be modified by third parties (including, but not limited to, service providers), the Landlord must notify the Tenant thereof in writing without undue delay, i.e. within 7 days of the date the Landlord was notified, or was reasonably expected to be notified, thereof.
All payments to be made by the Tenant must be made by wire transfer into the bank account provided by the Landlord and must include a payment identifier identical to the number of this Agreement.
If the Property becomes defective as a result of which the Property cannot be used and/or the Tenant experiences a high level of inconvenience and/or the rented Property’s quality deteriorates significantly, and the Landlord fails to remedy such a defect, the Tenant may request a reasonable discount on rent for as long as the tenancy remains affected by such defects. The Tenant may also request a reasonable discount on rent if the Services and supplies associated with the use of the Property have not been provided or have been provided poorly as a result of which the quality of the tenancy has deteriorated. The tenant is entitled to a reasonable discount under 8.2 hereof even if the Landlord is not directly responsible for the deterioration of the quality of the tenancy and/or the Property becoming unsuitable for occupancy. The tenant may set off their claim for a rent reduction against the amounts owed by the Tenant to the Landlord. Should the situation described in 8.2 hereof persist for more than 30 days, the tenant may terminate this Agreement without a notice period or subject to a notice period determined by the Tenant. The Tenant may also terminate this Agreement without a notice period or subject to a notice period determined by the Tenant if it is evident that the Property will become unsuitable for occupancy within the next 12 months.
The rights and obligations related to the renting of the Property are governed by the applicable laws and regulations including, without limitation, Czech Act. No. 89/2012 Sb., the Civil Code, as amended.
The Tenant must use the Property and its fruits in accordance with this Agreement.
If the Landlord is in insolvency proceedings or the Landlord’s Property, or a portion thereof, is subject to enforcement of a judgement or repossession order, the Landlord undertakes to notify the Tenant thereof without undue delay.
It is the obligation of the Landlord to ensure the Property’s condition remains such that allows it to be rented throughout the rental period.
The Tenant is only required to pay for ordinary maintenance and minor repairs as they are defined in Article X hereof.
The contractual parties have agreed that the Tenant may sublet (with or without the right to the fruits) the Property provided such a Sublease is not contrary to this Agreement. The Tenant may sublet (with or without the right to the fruits) the Property to third parties as a whole or in parts and the Landlord agrees unconditionally with the fact that the rent paid by the end user(s) of the Property that is the subject of this Agreement will be greater than the rent to be paid to the Landlord by the Tenant hereunder.
In case of the Property changing its owner, the rights and obligations arising out of, and in connection with, this Agreement will be transferred to the new owner. In such a case, the Landlord agrees to inform the new owner about the entire contents of this Agreement including, without limitation, those provisions that are not contained in the statute. If the Landlord wishes to sell the Property, they agree to notify the Company thereof without undue delay, i.e. prior to engaging the services of a different broker, in which case the Company may offer their brokerage services to the Landlord. Failure to abide by the preceding sentence results in the Landlord being obliged to pay to the Tenant a contractual penalty of CZK 20,000.
The Landlord must respond to electronic and written communications from the Tenant without undue delay. Repeated failure of the Landlord to respond to a request sent by standard mail or email or to answer an explicit question sent by standard mail or email results in the Landlord being obliged to pay to the Tenant a contractual penalty of CZK 1,000 for each question or request without a response.
The contractual parties have expressly agreed that the Property maintenance rules that they are both bound by are governed by Czech Government Decree No. 308/2015 Sb., which defines the terms “ordinary maintenance” and “minor repairs” (hereinafter “Government Decree”), as amended as of the date of execution hereof; a Tenant hereunder is a Tenant under the Government Decree in question.
If the ordinary maintenance and minor repairs costs to be paid by the Tenant (hereinafter “Minor Repairs”) exceed the limit stated in Sec. 6 of the Government Decree, the Landlord is obliged to ensure additional ordinary maintenance and/or additional minor repairs (hereinafter “Additional Repairs”) at the Landlord’s expense. If Additional Repairs are required, the Tenant must notify the Landlord thereof.
The contractual parties may agree in writing that Additional Repairs be done by the Tenant; in such a case, the Tenant may thereafter claim compensation for expenses incurred to ensure such Additional Repairs. The Tenant may set off its receivable (i.e. the Tenant’s claim for compensation for expenses paid by the Tenant to ensure Additional Repairs) owed by the Landlord against the Landlord’s receivables owed by the Tenant.
The Tenant may ask the Landlord to do Additional Repairs as well as state a reasonable deadline within which such Additional Repairs must be done. If the Tenant asks the Landlord to do Additional Repairs within a reasonable deadline and the Tenant fails to do so, the Tenant may ensure Additional Repairs at the Tenant’s expense and thereafter claim compensation for expenses incurred in relation therewith. The Tenant may set off its receivable (i.e. the Tenant’s claim for compensation for expenses paid by the Tenant to ensure Additional Repairs) owed by the Landlord against the Landlord’s receivables owed by the Tenant.
Ordinary maintenance and minor repairs costs are primarily to be calculated based on tax documents and receipts provided by the Tenant.
If the “Garant” option under 6.1.1 hereof has been selected and the Property is not being subleased, the Company may use the Property freely for a period not exceeding 10 days in a calendar month, in which case the Landlord is entitled to receive from the Company rent and payment for services amounting to a flat-rate sum of CZK 250 for each day the Property is used. In contrast, if the “Garant Fix” or “Garant Plus” option has been selected, the preceding sentence does not apply, i.e. the Company may use the Property freely with no restrictions.
The Landlord represents and warrants that an insurance policy with market-standard coverage has been taken out with respect to the Property being rented out; such insurance policy must remain valid throughout the Landlord-Tenant Relationship. The Tenant is not liable for any damage caused by the Landlord’s failure to abide by this provision.
The Tenant may terminate the fixed-term Agreement if the circumstances under which the parties entered into the Landlord-Tenant relationship and under which they accepted the obligations arising therefrom, have changed. The changes of circumstances under the first sentence of this clause include, but are not limited to, the following:
The tenant may provide evidence of the circumstances referred to in 12.1 in any relevant way.
The notice period under 12.1 hereof is thirty days and it starts to run on the first day following the day on which a notice to end the tenancy is delivered to the Landlord.
Each contractual party may terminate this Agreement in writing without stating a reason subject to a three-month notice period that starts to run on the first day of the month that follows the month in which a notice was given to the other party.
The Landlord may terminate the Landlord-Tenant Relationship subject to a one-month notice period a) if the Tenant has breached their obligations arising from the Landlord-Tenant Relationship materially, b) if the building is to be emptied because it will no longer be possible to use it on account of the public interest.
The Landlord may terminate the Landlord-Tenant Relationship without a notice period if any of the following occurs: a) the Tenant is in default with payment of rent and/or advance payments for a minimum of 30 days, b) the Tenant has caused such damage to the Apartment and/or the apartment building that is significant or irreparable, c) the Tenant has caused substantial damage and/or loss and/or nuisance to the Landlord.
The Tenant must hand over the Property back to the Landlord on the last day of the rental period. The Property is considered to be handed over when the Landlord has received the keys and there is nothing that prevents the Landlord from accessing and using the Property. If the Tenant leaves the Property in a way that leaves no doubt that the Landlord-Tenant Relationship with respect to the Property has been terminated, the Property is conclusively presumed to have been handed over immediately. The Landlord must be available to take over the Property on the last day of the rental period and, if asked to do so by the Tenant, provide a written confirmation (signed and dated) of the fact that the Property has been taken over.
Once the Landlord-Tenant Relationship defined in Part C of the Agreement has terminated, the Landlord agrees not to enter into a Landlord-Tenant or similar relationship, with respect to the Property stated in Part B of the Agreement, with the person(s) that was/were the end user(s) of the Property when the Tenant had the right to use the Property and its fruits under the Agreement. Failure to abide by this provision results in the Landlord having to pay to the Tenant the sum of CZK 25,000 within 15 days of receiving a written request for payment from the Tenant.
If a third party real estate encumbrance such as mortgage, pledge, lien or similar exists on the Property and such a third party exercises their rights vis-à-vis the Property as a result of which the Tenant’s right to use the Property becomes restricted, the Landlord must indemnify the Tenant, in which case a sum corresponding to three rental payments (excl. advance payments for utilities) will be paid to the Tenant.
In case of the Landlord not being interested in renewing this Agreement and having failed to renew the same despite being invited to do so repeatedly by the Tenant, the Company may terminate this Agreement without stating a reason anytime in the last 12 months of the term thereof subject to a notice period of one month that starts to run on the first day of the month following the month in which notice of termination is served on the Landlord.
If in the course of the Landlord-Tenant Relationship the advance payments required by the Landlord exceed 30% of the rent under this Agreement and such an increase cannot be attributed to an increase in the number of people using the Property, the Tenant may terminate the Landlord-Tenant Relationship in writing subject to a notice period of 30 days.
The Tenant and the Landlord have also agreed that if the Tenant fails to meet their obligations and abide by the provisions of the Agreement, the Landlord must – prior to terminating the Landlord-Tenant Relationship – send a written notification thereof to the Tenant’s registered office and ask the Tenant to rectify such failure while also stating a reasonable deadline within which rectification must be done (a cure period of at least 30 days is required).
The Landlord is to be represented by the person stated at the top of the list of the people contained in the box in Part A of the Agreement.
The contact person designated by the Tenant to deal with matters related to the subject of the Agreement, is stated in the Agreement. Written notices for the Tenant are to be sent to the Tenant’s mailing address; the Tenant’s mailing address is the address of the Tenant’s registered office as stated in the Czech Companies Register.
The contractual parties must notify one another of any change of their mailing address provided in the Agreement while also stating their new mailing address. Failure to do so will result in the mail sent to the original (no longer valid) address of the other party stated in the Agreement being conclusively presumed to have been delivered on the delivery date as stated by the provider of postal services.
If there are more co-owners of the Property in question wishing to rent it out (i.e. “co-Landlords”), the term “Landlord” refers, in both the Agreement and these GTC, to all such persons provided these persons have attached their signatures to the Agreement.
The contractual parties agree that the co-Landlords represent one another in dealings (both those concerned with the legal aspects of the relationship and those having to do with the physical condition of the Property) with the Tenant and that all legal transactions performed by the Tenant vis-à-vis one of the co-Landlords have legal effects vis-à-vis the other co-Landlords. Additionally, it is agreed that all legal transactions performed by any one or more of the co-Landlords vis-à-vis the Tenant constitute transactions made jointly by all the co-Landlords (i.e. the “Landlord”). If two or more co-Landlords perform contradictory legal transactions vis-à-vis the Tenant, the co-Landlords are obliged, without undue delay, to agree on which of the transactions they wish to revoke and which are to be upheld, and subsequently notify the Tenant thereof. The Tenant is not considered to have failed to meet their obligations related to such contradictory transactions until the co-Landlords agree on which of the contradictory legal transactions are to be revoked and which are to be upheld.
The Agreement may only be amended, substituted or supplemented by a written appendix agreed upon and executed by each of the contractual parties. Additionally, the contractual parties expressly declare that an agreement to change the way their agreement may be amended must be in writing except when an appendix to the Rental Agreement is sent electronically and signed remotely and/or when the Rental Agreement is unilaterally amended by the Company provided the Company notifies the other party thereof and provided the Company is allowed, under these GTC, to amend the Rental Agreement in this way.
The number of duplicate originals of this Agreement is identical to the number of people stated in Part A of the Agreement; each such person receives one duplicate original of the Agreement.
If any of the provisions hereof or of the Rental Agreement prove to be of no legal effect, this is without prejudice to the effectiveness of the remaining provisions hereof or of the Rental Agreement. The legally ineffective provisions are to be substituted by the parties to the Rental Agreement promptly with new and effective ones whose economic purpose is as similar to that of the ineffective provisions as possible.
The Tenant may amend, unilaterally, these GTC at any time by a written notice sent to the email address of the Landlord, in which case the amended version of the GTC becomes effective on the first day of the month following the month in which the change occurs. The Landlord is entitled to express their disagreement with the changes to the GTC by a written or email notice sent to the Tenant’s address within 14 days of the date they received notification thereof; failure of the Landlord to express their disagreement with the changes to the GTC results in the Landlord being considered to have agreed with the changes to the GTC. Should the Landlord disagree with such changes, they may terminate the Landlord-Tenant Relationship with a four-month notice period that starts to run on the first day of the month following the month in which notice was given. If the Landlord terminates the Agreement under this provision hereof, i.e. as a result of their disagreement with the changes to the GTC, the amended version of the GTC does not affect their relationship arising out of, and in connection, with the Agreement in any way – the relationship continues to be governed by that version of the GTC with whose change the Landlord disagreed as a result of which they decided to terminate the Agreement.
The Agreement can also be executed electronically: if a standard written signature of the Landlord is highly inconvenient to obtain, the Tenant may ask the Landlord to declare that they agree with the provisions of the Agreement and the GTC using electronic means of communication (email or data box).
Effective from September 1st, 2022.