General standard terms and conditions for rental deposit guarantee

1. Contracting Partner

Your contracting partner and guarantor GetMomo Financial GmbH, c/o Atlantic Labs, Rosenthaler Straße 13, 10119 Berlin („Momo“ oder „wir“), represented by Marcel Meitza, registered in the Register of Companies of Berlin Charlottenburg by HRB 211213. You can contact us at+49 030 – 166384207 or via mail at kontakt@getmomo.de.

2. Essential characteristics of the service

Momo provides you landlord with a rent deposit guarantee as a security deposit. You have to pay a monthly or, if you choose, an annual commission to Momo. You have to pay until Momo is released from liability or the guarantee amount has been paid. If the deposit is claimed by the landlord, you have to pay or reimburse Momo the corresponding amount. In order for Momo to collect the monthly commission and, if applicable, the amount claimed by your landlord, you allow Momo to debit your bank account or credit card.

3. Subject Matter of the Contract

With the conclusion of the contract and the successful collection of the first monthly installment of the payment instrument, you specified, we undertake to provide a security deposit on your behalf in favor of your landlord. We undertake to fulfil your payment obligations arising from the contractual relationship described in the guarantee certificate, in so far as your landlord is entitled to claim the rental deposit. The amount of the guarantee is the legal amount of a rental deposit according to § 551 Abs. 1 BGB beschränkt. We only issue rental deposit guarantees up to a maximum amount of EUR 15,000.

The rental deposit guarantee is a guarantee upon first request. We waive the objection of contestation, offsetting and advance claim against your landlord in accordance with §§ 770, 771 BGB. This means that we obliged to your landlord without checking whether the claim made against you actually exists in terms of reason and amount.

4. Conclusion of the Contract

You apply for a rental deposit guarantee by completely filling out the online application process (“Online Application“) and giving Momo a SEPA direct debit mandate or permission to debit your stored credit card to collect the commission in accordance with Section 8.2. You can access the application process via a link the landlord or the responsible property manager sends you via SMS or email. By clicking on the “Request an Offer” button you request an offer, which will be sent to you after being checked by Momo. Before clicking on the “Request an Offer” button, you have the opportunity to check your details and, if necessary, correct them.

The contract is concluded when we send you our contract offer via e-mail, and you confirm it by clicking on the “Accept contract offer” button.

5. Issuing and delivery of the guarantee certificate

After the contract has been concluded, we will send your landlord an original of the guarantee document digitally. You will receive a duplicate for your records via email. The rent deposit guarantee serves the landlord as rent security like a security deposit.

6. Payment of the guarantee amount in the event of liability

6.1 Payment without verification

If your landlord makes a claim to Momo by submitting the guarantee certificate, we will pay the requested amount up to the maximum amount of the guarantee. We do not check whether your landlord actually has a claim against you. We can only refuse payment if the claim is obviously illegal or there is liquid evidence (e.g. legally binding judgements, reports from a court-appointed expert) which clearly shows the illegality of the claim made by the landlord.

6.2 Information to the tenant

We will inform you as the tenant immediately if the landlord makes a claim from the guarantee against Momo.

6.3 The tenant’s duty to notify and cooperate

If the landlord makes a claim, you are obliged to provide us with information about the circumstances justifying the claim and, if necessary, have us return a questionnaire in due course.

In case of manifestly abusive claims by the landlord, you have to provide us with liquid evidence (e.g. final judgement, expert opinion from a court-appointed expert) so that we can assert this against the landlor.

7. Your obligations in the event of liability

7.1 Exemption or reimbursement with interest payment

If a claim from the rent deposit guarantee is made against us by the landlord, you have to provide us with the requested amount within 14 days. To do so, we will debit the corresponding amount from your bank account via SEPA direct debit or your credit card.

If we have already paid the landlord, you have to reimburse us the corresponding amount.

7.2 Reimbursement of expenses

A flat-rate fee of EUR 25 will be charged for the reimbursement of our processing expenses in the event of use. If the flat-rate does not cover the cost that we incur as a result of the claim and that we consider as necessary under the given circumstances (e.g. legal advice costs), Momo reserves the right to demand further reimbursement of expenses. You reserve the right to provide evidence of lower precessing costs.

7.3 Waiver of pleading and objections

You may only raise pleadings and objections against Momo which were already known to Momo at the time of payment to your landlord and which would have entitled Momo to refuse payment to the landlord.

For clarification: this waiver of pleadings and objections only exists in relation to Momo, your possible recovery claims against the landlord are not affected by this.

8. Your obligations during the term of the contract

8.1 Payment of the monthly fee

For the provision of the rent deposit guarantee, you pay from the conclusion of the contract until Momo’s release from liability in accordance with Section 9.1 a monthly amount of 3.25% of the maximum amount for which we are liable after the guarantee.

8.2 Issuing a SEPA direct debit mandate or authorization to debit a credit card

You can either grant Momo a SEPA direct debit mandate to collect the costs and claims arising under this contract, or you can authorize the debit against your credit card. If you would like to deposit a credit card as a payment method at Momo, please contact us by phone to provide us with the details at kundenservice@getmomo.de

Please note that we will issue the guarantee only after the first successful debiting of the deposited payment source.

8.3 Due date and collection of monthly payments

The first fee is due immediately upon the conclusion of the contract. The further monthly payments are due on the 3rd working day of the respective month.

Momo will collect the due payments by SEPA direct debit procedure from the account for which you gave us a SEPA direct debit mandate at the time of application or will debit the credit card you provided to us for this purpose. You have to ensure that there is corresponding coverage on your account.

If it is not possible for Momo to collect the due fee, Momo will usually try again and then ask to pay it in another way. The cost of return debits will be recovered with the amount due when the debit is ew-drawn.

8.4 Fulfillment of your obligations under the rental agreement

You have to fulfill your obligations under the rental agreement correctly and ensure that no liabilities arise. If your landlord makes unjustified claims, you must defend them. Please note that you owe us the amount in any case of a claim by the landlord.

8.5 Notification requirements

You must notify us of any changes in your payment details (account change, new credit card) immediatly. This also applies to changes of your contact details (email, address, telephone).

Important:Upon termination of your lease, you must inform us immediately of the date of termination and the date on which the termination takes effect.

9. Termination of this contract

9.1 Termination by expiration or fulfillment

This contract end automatically when the landlord releases us from liability, either through the unconditional return of the guarantee document, by unconditional declaration of liability by the landlord, or by full payment of the guarantee amount to the landlord by us. However, the termination of the contract does not mean that you no longer owe us any reimbursement, provided that Momo has been used by the landlord.

9.2 Termination of the contract

You can terminate the contract at any time in written form (e.g. email or letter) with a notice period of 3 months. In this case, you have to ensure that the landlord gives Momo the original guarantee document or declares an unconditional release from liability for Momo.

Even in the event of termination, your obligation to pay the monthly fee does not end until Momo has been released unconditionally from liability.

The right to extraordinary termination remains unaffected.

10. Final provisions

10.1 Assignment

Momo may assign payment claims against you under or in connection with this contract to third parties.

10.2 Applicable law and language of the contract

The contract language is German. The law of the Federal Republic of Germany applies.

10.3 Complaints and consumer dispute resolution

Complaints can be sent to kontakt@getmomo.de or GetMomo Financial GmbH, c/o Atlantic Labs, Rosenthaler Straße 13, 10119 Berlin.

The EU Commission provides a platform for out-of-court online dispute resolution (OS platform), which can be found under https://ec.europa.eu/consumers/odr.

We are neither willing nor obliged to participate in a dispute settlement procedure before a consumer arbitration board.