Terms & conditions.
This English translation is provided for convenience only. The German version is legally binding.
As of: April 2025
• Scope of Application
• Data Protection
• Choice of Law and Place of Jurisdiction
• Final Provisions
• Offer
• Entitlement to Commission for the Brokerage of Lease Agreements
• Entitlement to Commission for the Brokerage of Purchase Agreements
• Due Date of the Maklerprovision (broker's commission)
• Dual Agency
• Exclusive Engagement for the Brokerage of a Lease Agreement
• Disclosure of Confidential Documents
• Warranty Rights
Scope of Application
1.1 These General Terms and Conditions (hereinafter "GTC") apply to the contracts concluded between our clients and us, workin up GmbH, Kaiser-Wilhelm-Straße 89, 20355 Hamburg [HRB 132550, VAT ID: DE 295692725], represented by its Managing Director Jan Petersen-von Urff (hereinafter "workin.", "we" or "us"), concerning the opportunity to conclude contracts (e.g. purchase or lease agreements) relating to developed and undeveloped properties, in particular residential and commercial buildings, developed and undeveloped land and sites, flats, retail units, offices, commercial and production halls (hereinafter "properties"), as well as the support of the business partner as a client that customarily accompanies this.
1.2. By making use of the introduction or brokerage services or our advisory services (in particular by carrying out property viewings and/or entering into negotiations with the seller/landlord or other authorised third parties) in respect of a property offered by workin., the brokerage agreement with the client is concluded subject to the following General Terms and Conditions.
Offer
2.1 Our offer is made on the basis of the information provided to us by the seller/landlord or authorised third parties (e.g. property management company, project developer or similar). We accept no liability for the correctness, completeness or currency of the information. Errors, prior sale or prior letting of the offered properties remain expressly reserved.
2.2 Furthermore, the photographs used may show a condition as it existed on the day the photograph was taken, which does not necessarily correspond to the condition present at the time of viewings and handover of the rented premises or the property purchased. workin. accepts no liability for any correspondence between the condition shown in photographs and the conditions arising in the course of the marketing process.
2.3 Our offers for lease agreements may be either subject to commission or (partially) commission-free for the tenant. If the offer is not marked with the note "commission-free", it is subject to commission for the tenant in the event of successful brokerage, unless otherwise agreed in writing.
2.4 Our offers for purchase agreements are always subject to commission for the buyer.
Entitlement to Commission for the Brokerage of Lease Agreements
3.1 Offers Subject to Commission
On conclusion of a lease between you and the landlord/owner for a property (hereinafter the "successful transaction") which we have offered subject to commission, you, as our client and tenant of the property, shall pay workin. a commission amounting to three gross monthly rents (gross monthly rent = net cold rent plus advance payments on ancillary costs (heating and operating costs) and statutory VAT). For lease terms of 10 years or more, the commission payable amounts to four gross monthly rents. In the case of graduated rent agreements, the average gross monthly rent over the agreed lease term forms the basis of our calculation. Financial concessions/incentives granted by the landlord are not taken into account.
3.2 (Partially) Commission-Free Offers
Insofar as we offer you properties marked "commission-free", in the Success Event we will as a rule be remunerated in full for our services by the landlord/owner in the amount of the customary local commission (three or four gross monthly rents). The prerequisite for this is, as a rule, that you as the tenant conclude a lease agreement with a minimum term of five or ten years. If, as a result of our services, a lease agreement with a shorter term is concluded, we will be remunerated proportionately by the landlord/owner. In this case, we are entitled to demand from you as the tenant the difference up to three or four gross monthly rents. In this case, we will expressly draw your attention to this again separately during the consultation.
Entitlement to Commission for the Brokerage of Purchase Agreements
If we successfully broker the purchase of a property for you, you as our client and the buyer of the property pay workin. a commission of 5 % of the total purchase price plus statutory VAT.
Due Date of the Maklerprovision (broker's commission)
The entitlement to commission becomes due upon the conclusion of the main contract. The commission is payable without deduction plus VAT within 10 days of receipt of the invoice. In the event of default, we are entitled to demand default interest.
Dual Agency
workin. is entitled to act for the other contracting party on a commission basis as well.
Exclusive Engagement for the Brokerage of a Lease Agreement
7.1 You have the option of engaging workin. exclusively to arrange a tenancy agreement. Any such engagement must expressly be made in writing.
7.2 Within the scope of an exclusive engagement of workin., the client undertakes not to engage any other adviser for the duration of the contract.
7.3 If workin. is engaged on an exclusive basis and the engagement is successful, workin. will cover the removal costs actually incurred by the tenant up to a maximum of 10% of the commission earned. This covers the transport costs from the old to the new company premises. The dismantling of furniture and cleaning work must be agreed separately. However, we guarantee this only in the event that we advise you exclusively on your office search and are remunerated internally by the landlord/owner at the locally standard commission rate of three months' gross rent. If we are only paid a proportionate fee by the landlord/owner, the assumption of removal costs must be agreed individually in writing between us and our clients.
Disclosure of Confidential Documents
All exposés, emails and letters are intended exclusively for the respective recipient. Disclosure to third parties requires our consent; otherwise, the recipient of the offer shall be liable to us in the amount of the customary local commission if a contract is concluded between the parties.
Warranty Rights
9.1 workin. accepts no liability for the conclusion of a lease or purchase agreement.
9.2 workin. accepts no liability for technical defects, in particular for the constant and uninterrupted availability of the website.
9.3 If the offer is unavailable, users can contact our customer service at hallo@workin.de.
Data Protection
All personal and property-related data are used exclusively for the processing of the engagement. The principal consents to the transfer of data to third parties insofar as this is necessary for the performance of the engagement. No other transfer of the data takes place.
Choice of Law and Place of Jurisdiction
11.1 The law of the Federal Republic of Germany applies, to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).
11.2 Where the contract is concluded with an entrepreneur (within the meaning of Section 14 of the German Civil Code (BGB)), the exclusive place of jurisdiction, including international jurisdiction, for all disputes arising directly or indirectly from the contractual relationship shall be that of workin. in Hamburg, Germany.
Final Provisions
12.1 These GTC are complete and exhaustive. Amendments and supplements to these GTC must be made in writing. This also applies to the waiver of this written-form requirement.
12.2 Should individual provisions of these GTC be invalid, the remaining contractual provisions shall not be affected thereby. The invalid provision shall be replaced by mutual agreement of the contracting parties with a legally valid provision that comes closest to the economic sense and purpose of the invalid provision. The foregoing provision applies accordingly in the case of gaps in the provisions.