General Terms and Conditions

Last updated: April 2026

1. Scope and Application

These General Terms and Conditions govern the legal relationship between the user (hereinafter referred to as the "Client") and HeyFlats, Düsseldorf, Germany (hereinafter referred to as "HeyFlats" or "the Company"). They apply to all current and future business relationships, including follow-up orders and recurring engagements, even where they are not expressly agreed upon again. By creating an account, submitting a booking request, listing a property, or otherwise using the HeyFlats platform (heyflats.com), the Client accepts these terms in their entirety. These terms apply equally to tenants searching for accommodation, landlords listing properties, and all other users of the platform. Deviating terms or conditions of the Client are not recognised unless HeyFlats expressly agrees to them in writing. The failure of HeyFlats to exercise or enforce any right or provision of these terms shall not constitute a waiver of such right or provision.

2. Description of Services

HeyFlats operates a digital platform that connects tenants seeking furnished living space with landlords offering such properties on a temporary or extended basis. The Company facilitates matching through AI-powered search technology, which analyses tenant preferences, lifestyle requirements, and neighbourhood characteristics to identify suitable listings. The Company's services include the presentation of furnished rental opportunities, the facilitation of initial contact between tenants and landlords, tenant vetting and identity verification, and the administrative support of the booking process. Communication may occur through the platform, by email, by telephone, or by other digital means. HeyFlats acts exclusively as an intermediary. The Company is not a party to rental agreements concluded between tenants and landlords and does not assume the rights or obligations of either party under such agreements. The letting of the property and all associated rights and duties remain the sole responsibility of the landlord and the tenant respectively. The platform service for tenants searching for accommodation is provided free of charge. Tenants are not charged any commission, brokerage fee, or platform fee by HeyFlats. Should a tenant become aware of a listed property through a source other than HeyFlats, the tenant must notify HeyFlats immediately.

3. Account Registration and Security

Certain features of the platform — including submitting booking requests, listing properties, and accessing the landlord or tenant portal — require the creation of a user account. Authentication is provided through a third-party identity service. The Client is solely responsible for safeguarding their login credentials and for all activities conducted under their account. The Client must notify HeyFlats immediately upon becoming aware of any unauthorised use of their account or any other breach of security. All information provided during registration and throughout the use of the platform must be accurate, complete, and kept up to date. This includes, but is not limited to, contact information, property details, personal identification data, and financial information. HeyFlats reserves the right to verify the accuracy of any information provided and to suspend or permanently terminate accounts that contain materially inaccurate, fraudulent, or misleading information. The Client may delete their account at any time by contacting HeyFlats. Upon deletion, the Client's personal data will be removed in accordance with the Privacy Policy, subject to statutory retention requirements.

4. Obligations of the Tenant

Tenants must provide truthful, complete, and verifiable information in their profile, booking requests, and throughout the entire rental process. As part of the vetting process, tenants may be required to provide identity documents, proof of income or employment, and consent to credit checks (including a SCHUFA-BonitätsCheck) before a booking can be confirmed. All booking requests submitted through the platform are non-binding proposals and do not create a contractual obligation until expressly confirmed by the landlord. The tenant is responsible for carefully reviewing all flat details, house rules, pricing, minimum stay requirements, and rental conditions before submitting a request. The tenant must promptly inform HeyFlats of the conclusion of any tenancy agreement, provide essential details regarding the agreed terms, and, upon request, submit a copy of the signed agreement. The tenant must also notify HeyFlats if negotiations are abandoned, if the tenancy is extended or renewed, or if the tenant enters into a new agreement with the same landlord within 24 months of the original tenancy. Offers, property details, and landlord contact information shared through the platform are strictly confidential and intended solely for the personal use of the tenant. Unauthorised disclosure of landlord personal data, forwarding of offers to third parties, or any attempt to circumvent the platform to arrange a tenancy directly shall constitute a material breach of these terms and may result in contractual penalties and liability for damages. Any cancellation or premature termination of a tenancy by the tenant shall not give rise to any claim against HeyFlats. The tenant acknowledges that HeyFlats is not a party to the rental agreement and bears no responsibility for disputes arising between the tenant and the landlord.

5. Obligations of the Landlord

The landlord warrants and represents that they possess the legal right to let or sublet the listed property and that the property complies with all applicable local, state, and federal regulations. All property listings must contain accurate, complete, and current information regarding the property's physical condition, furnishings, available amenities, pricing, deposit requirements, minimum stay, house rules, and any restrictions or encumbrances. Prior to the commencement of services, the landlord must inform HeyFlats of all material property details and any circumstances that may affect the lettability of the property. This includes, without limitation: existing construction defects, planned renovation or construction work, recently remedied defects, upcoming maintenance or repair activities, noise disturbances, access restrictions, and any safety-related issues. The landlord confirms that all essential systems — including heating, hot water, electricity, and plumbing — are in proper working order. The landlord must promptly notify HeyFlats of any concluded tenancy agreement, changes to the property status (e.g., sale, renovation, withdrawal from the market), rent adjustments, furnishing changes, and availability updates. Failure to provide timely notification may result in indemnification obligations if HeyFlats continues to offer the property to prospective tenants. The landlord must not enter into arrangements that circumvent commission obligations or that affect the amount of commission payable to HeyFlats. Where the property is simultaneously listed on other platforms or through other agents, the landlord must disclose this to HeyFlats prior to listing. The landlord is solely responsible for compliance with energy performance certificate requirements, including the obligation to include energy data in property advertisements and to present the certificate to prospective tenants prior to viewing. The landlord shall indemnify HeyFlats for any claims, fines, or costs arising from faulty, incomplete, or missing energy performance information.

6. Fees and Commission

There are no upfront costs, registration fees, or listing fees for landlords using the HeyFlats platform. The Company operates on a success-based commission model: fees are charged only when a tenant has been successfully placed in the property through the services of HeyFlats. The applicable commission rates are as follows: • Exclusive listings (property marketed solely through HeyFlats): 10% of one month's gross rent, plus 19% VAT. • Standard listings (property marketed through multiple channels): 12% of one month's gross rent, plus 19% VAT. • Portfolio arrangements (50 or more properties): custom rates available upon request. For the purpose of commission calculation, "gross rent" includes the total monthly rental payment inclusive of ancillary costs and any additional services agreed between the landlord and the tenant. Commissions are calculated on the basis of actual rental months and are invoiced with VAT shown separately. The commission claim arises upon conclusion of the tenancy agreement and becomes due at the commencement of the tenancy, unless a different arrangement has been agreed in writing. If the rental period is extended or renewed beyond the original term, additional commission may be payable for the extension period. In cases of premature termination initiated by the tenant where the landlord bears no responsibility, HeyFlats may, at its discretion, offer a pro-rata credit to be applied against the commission for a subsequent tenancy arrangement for the same property. Cancellation or premature termination of the rental relationship by the tenant does not reduce or extinguish the landlord's commission obligation to HeyFlats for the originally agreed contractual term. Tenants using the HeyFlats platform are not charged any commission, brokerage fee, service charge, or other platform-related fee.

7. Confidentiality and Non-Circumvention

All information exchanged between the parties through the HeyFlats platform — including property details, tenant profiles, contact information, and commercial terms — is treated as confidential. Neither party may disclose, share, or make available any such information to third parties without the prior written consent of HeyFlats. The disclosure of personal data of prospective tenants or landlords obtained through the platform is strictly prohibited for a period of twelve (12) months following the termination of the business relationship with HeyFlats. Any breach of this confidentiality obligation shall entitle HeyFlats to a contractual penalty in the amount of the commission that would have been payable. The breaching party retains the right to demonstrate that the actual damage incurred was lower. HeyFlats reserves the right to pursue additional claims for damages beyond the contractual penalty. The Client shall not attempt to circumvent the platform by arranging tenancy agreements directly with parties introduced through HeyFlats. Any tenancy concluded within 24 months of the initial introduction through the platform shall be deemed to have been facilitated by HeyFlats, and the applicable commission shall be payable. These confidentiality and non-circumvention obligations survive the termination or expiration of the contractual relationship.

8. Intellectual Property and Content

All content created by HeyFlats — including property descriptions, photographs, video materials, floor plans, AI-generated listing texts, and platform design elements — is the intellectual property of HeyFlats and is protected by applicable copyright laws. This content may not be reproduced, distributed, modified, or used for any purpose without the express written permission of HeyFlats. HeyFlats may photograph or film the interior and exterior of listed properties for marketing and promotional purposes. The Company reserves the right to select, edit, and arrange such materials at its discretion. Property images and descriptions may remain on the platform and in promotional materials for up to twelve months following the end of the contractual relationship, including in cases where no successful letting has occurred. Where the landlord provides their own photographs, descriptions, or other materials, they grant HeyFlats a non-exclusive, royalty-free, worldwide licence to use, reproduce, modify, and distribute such materials for all purposes necessary to market the property in accordance with industry practice. This licence includes the right to apply watermarks, branding, and other modifications, and does not require attribution of authorship. The landlord warrants and represents that all materials provided are original works or that the landlord possesses sufficient usage rights, and that such materials do not infringe upon the intellectual property rights or privacy rights of any third party. The landlord shall indemnify and hold harmless HeyFlats from and against any claims, damages, or costs arising from the infringement of third-party rights in connection with landlord-provided materials.

9. Tenant Vetting and Verification

HeyFlats is committed to providing landlords with reliable and trustworthy tenants. To this end, the Company conducts a multi-step verification process for tenants prior to confirming any booking. This process may include, at the Company's discretion: • Identity verification through government-issued identification documents. • Credit and financial standing checks, including a SCHUFA-BonitätsCheck. • Employment and income verification. • Reference checks from previous landlords or employers. • Compliance with community standards and platform policies. While HeyFlats undertakes reasonable efforts to verify tenant information, the Company does not guarantee the accuracy, completeness, or reliability of any information provided by tenants. The landlord retains the sole right to accept or reject any booking request and is encouraged to conduct their own due diligence. HeyFlats shall not be liable for any loss or damage arising from a tenant's conduct, financial default, or misrepresentation.

10. Limitation of Liability

HeyFlats acts solely as an intermediary platform and is not a party to the rental agreements concluded between landlords and tenants. The Company assumes no responsibility for the physical condition of rental properties, the conduct or solvency of tenants or landlords, the content or enforceability of rental agreements, or the fulfilment of obligations arising from such agreements. Claims for damages against HeyFlats are excluded to the fullest extent permitted by law, except in cases of: • Wilful misconduct or gross negligence on the part of HeyFlats, its employees, or its agents. • Breach of material contractual obligations (cardinal duties), in which case liability is limited to the foreseeable, typical damage. • Injury to life, body, or health. • Liability under mandatory statutory provisions, including the German Product Liability Act. The limitation period for all claims for damages against HeyFlats is one (1) year from the date on which the claimant becomes aware, or should reasonably have become aware, of the facts giving rise to the claim. HeyFlats assumes no liability for the correctness, completeness, or timeliness of information provided by landlords in their property listings. The Company further disclaims liability for the temporary unavailability of the platform, data loss resulting from technical failures, or the results produced by the AI-powered search and matching system.

11. Data Protection

The collection, processing, and use of personal data by HeyFlats is governed by the Company's Privacy Policy, which forms an integral part of these terms. All data processing activities are carried out in compliance with the General Data Protection Regulation (GDPR) and other applicable data protection legislation. Client data is stored and processed electronically for the purpose of providing the platform services, fulfilling contractual obligations, and complying with statutory requirements. Personal data is not sold, rented, or disclosed to third parties for advertising or marketing purposes without the Client's express consent. Data is retained in accordance with applicable statutory retention periods, including obligations under tax and commercial law. Upon termination of the contractual relationship and expiration of all applicable retention periods, personal data will be deleted or anonymised. For further details, please refer to the Privacy Policy.

12. Contract Duration, Termination, and Amendments

The contractual relationship between the Client and HeyFlats is established upon account creation or acceptance of a service order and is of unlimited duration. Either party may terminate the contract by providing four (4) weeks' written notice, effective at the end of any calendar month. Termination does not affect obligations that have accrued prior to the effective date of termination, including outstanding commission payments, confidentiality obligations, and any pending booking or service arrangements. The obligations set out in Sections 6, 7, 8, and 10 of these terms shall survive termination. HeyFlats reserves the right to modify these General Terms and Conditions at any time. The Client will be notified of any changes through the platform and/or by email. If the Client does not object in writing within fourteen (14) days of receiving notification, the amended terms shall be deemed accepted. Continued use of the platform after the objection period constitutes acceptance of the amended terms. In the event of a material change that significantly affects the Client's rights or obligations, HeyFlats will provide reasonable advance notice and, where applicable, offer the Client the opportunity to terminate the contract without penalty.

13. Dual Representation

HeyFlats may act on behalf of both tenants and landlords in the same transaction, provided that the Company maintains impartiality and ensures fair treatment of all parties. The Client acknowledges and consents to this dual representation. In cases where the interests of the tenant and the landlord conflict, HeyFlats will act in good faith and may, at its discretion, withdraw from the transaction or refer one of the parties to an independent advisor.

14. Governing Law, Jurisdiction, and Severability

These General Terms and Conditions are governed exclusively by the laws of the Federal Republic of Germany. The United Nations Convention on Contracts for the International Sale of Goods (CISG) does not apply. The exclusive place of jurisdiction for all disputes arising from or in connection with these terms is Düsseldorf, Germany, to the extent permitted by applicable law. For consumers domiciled within the European Union, mandatory consumer protection provisions of their country of residence shall remain applicable. Should any provision of these terms be or become invalid, void, or unenforceable, the validity of the remaining provisions shall not be affected. The invalid provision shall be replaced by a valid provision that most closely reflects the original economic and legal intent of the parties. The same applies in the event that these terms contain any gaps or omissions.