General Terms and Conditions of Business - SMP GmbH & Co. KG
Version: December 2022

  • 1. Scope

    1. The SMP GmbH & Co. KG, Auf dem Haigst 34, 70597 Stuttgart is making the Internet portal service available to users on the basis of these General Terms and Conditions of Business (- hereinafter referred to as GTC -).
    2. These GTC apply to all services and content offered on the website under the URLs, as well as to their related sub-pages, the so-called second- and third-level domains (- hereinafter collectively referred to as Internet portal -). These GTC do not, however, apply to so-called third-party services, i.e. services that are offered by third parties independently of SMP GmbH & Co. KG. Such third-party services are identified separately on the Internet portal and are subject to the general terms and conditions of the respective third-party service.
    3. For specific services such as sweepstakes, SMP GmbH & Co. KG reserves the right to impose special conditions on the owner-user relationship. In such instances, the user shall be expressly made aware of these special conditions before using the service. The special conditions that apply in each particular instance shall take precedence over the GTC if these special conditions contain provisions that deviate from the GTC.
    4. The GTC govern the use of the services offered by SMP GmbH & Co. KG.
    5. By using the services offered by SMP GmbH & Co. KG, the user expressly agrees to adhere to these GTC. Users who do not agree to adhere to these GTC shall not be permitted to use the services offered by SMP GmbH & Co. KG. Use of the services shall be deemed to occur as soon as the user accesses and uses the information published on the Internet portal, without adding a listing themselves. Use of data shall therefore be deemed to occur as soon as the user makes contact and filters the information using the Internet portal.
    6. SMP GmbH & Co. KG reserves the right to amend these GTC at any point. In such instances, the user shall be provided with the new GTC, and the new GTC shall be deemed to have been accepted if the user does not oppose them within six weeks of being provided with them.
  • 2. Subject matter of the contract, terminology

    1. SMP GmbH & Co. KG offers an Internet platform that brings together people who are seeking and offering living space, especially in shared apartments ("SA"). The Internet portal also offers other SA-related services.
    2. The internet portal service is aimed at private, professional, and commercial users.
    3. The service may only be used by persons over the age of 18.
  • 3. Data protection

    The personal data of users will be collected, processed and utilised in accordance with the applicable data protection provisions, (particularly the General Data Protection Regulation / GDPR, the German Data Protection Act / BDSG and the German Telemedia Act / TMG). Detailed information on this subject can be found under Data protection information.

    The SMP GmbH & Co. KG makes, at the operation of the Internet portal, use of third-party providers (such as Google) to display advertisements whenever the users use the Internet portal. These third-party providers may use information about the internet browser activity of the users, so that advertisements that such users are potentially most interested in can be placed, NOT including the users name, address, email address or telephone number. Should you wish to find out more about these methods, or if you would like to know what options are available to you for preventing this information from being used by such third-party providers, please click here.

  • 4. Use restrictions, warranty, disclaimer

    1. SMP GmbH & Co. KG expressly reserves the right, for technical reasons, to entirely or partly, permanently or temporarily remove from the Internet portal any advertisement or other publication (including in the guest book of the Internet portal) that has been added by a user or to prohibit a user from using the Internet portal.
    2. The same applies to any advertisements and publications on the Internet portal that contravene these GTC, the applicable legislation or public morality.
    3. SMP GmbH & Co. KG provides no warranty for the completeness or accuracy of files available for download provided by the Internet portal, especially sample contracts, relocation assistance and rental law tips offered. The SMP GmbH & Co. KG does not provide any legal advice. On this users are requested to contact an authorised legal consultant.
    4. SMP GmbH & Co. KG assumes no liability for slight negligence. This exclusion of liability shall not apply if SMP GmbH & Co. KG culpably breaches an essential contractual obligation, i.e. an obligation that the user can reasonably expect to be fulfilled. In the event of a culpable breach of an essential contractual obligation, liability shall be limited to foreseeable and typical damages. This exclusion of liability also applies to any vicarious agents and legal representatives of the SMP GmbH & Co. KG.
    5. Exclusion of liability shall not apply in the case of culpable damage to life, body or health, nor shall it apply to liability according to product liability law, or to the assumption of warranties or procurement risk.
    6. SMP GmbH & Co. KG assumes no liability for force majeure. Force majeure shall be deemed to exist in particular in the event of environmental and climate catastrophes, war and other states of emergency.
    7. For contracts that are concluded through the intermediation or the Internet portal of SMP GmbH & Co. KG, the agreements (e.g. the rental contract) between the respective parties shall apply exclusively. In this regard, SMP GmbH & Co. KG assumes no contractual obligations whatsoever and does not offer any warranties. A liability of the SMP GmbH & Co. KG in this area is completely excluded.
    8. Any direct or indirect claims for damages or compensation against SMP GmbH & Co. KG that relate to the operation of the Internet portal must be asserted against SMP GmbH & Co. KG within one year of the user obtaining positive knowledge of the damage and of the liability of SMP GmbH & Co. KG. Should the user's claim be asserted after this period, it shall be void (forfeiture). If statutes of limitation come into effect before expiry of this period, these remain unaffected.
  • 5. Private use of the Internet Portal

    The owner-user relationship entered into between the non-professional and non-commercial user (cf. section 2 subsection 2 and section 6 of these GTC) and SMP GmbH & Co. KG starts from 0 €. The registration and advertising of two offers is free of charge for non-professional and non-commercial users. With a third active offer, a private account is qualified as a professional account and the use of is subject to a fee (see section 6).

  • 6. Professional and Commercial use of the Internet Portal

    1. The professional and commercial use of is chargeable. Commercial users include, among others, real estate companies, companies, real estate agents, property managers, housing cooperatives, asset management companies, co-living companies, agencies for furnished accommodation, platforms, websites. Other characteristics include a company in the background such as a GbR, UG or GmbH as well as the employment of employees and the offering of additional services. Commercial marketing on behalf of a private landlord is also defined as commercial. From three active ads you will automatically qualify as a professional user. If you are unsure whether you are considered a private or professional/commercial advertiser, please contact us by email at
    2. If you book an Ad package as a professional or commercial advertiser, you can publish a certain contingent of offers for a fee depending on the selected tariff. The options for structuring the offer of real estate properties are based on the specifications provided by SMP GmbH & Co. KG in the corresponding online mask.
    3. The purchase price can be paid by SEPA direct debit, credit card, Paypal or - in case the term is 3 months or longer - by invoice. If you pay by SEPA direct debit, you give us a SEPA direct debit mandate when creating an Ad. Upon the submitting of the SEPA direct debit mandate, we request our bank to initiate the payment transaction. The payment transaction will be carried out automatically and your account will be debited. In accordance with the SEPA basic direct debit mandate, the claim is automatically collected within 7 days after the booking via the payment provider Stripe (Stripe Technology Europe Ltd.) with the creditor ID no. BE39ZZZCITD000000037. The period for the advance notice of the date of the account debit (so-called prenotification period) is one banking day. If you pay by credit card, you provide your credit card information during the Ad creation process. After your legitimation as the legal cardholder, the payment transaction is carried out automatically and your card is charged. To pay the purchase price via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A, 22-24 Boulevard Royal, L-2449 Luxembourg ("PayPal"), you must be registered with PayPal, identify yourself with your access data and confirm the payment order. In the case of a purchase on account, the purchase price must be paid within 14 (fourteen) days after the invoice has been sent by email without deduction, unless otherwise agreed.
    4. SMP GmbH & Co. KG provides the technical service for the presentation of the offers. As a real estate advertiser, you are responsible for the data you transmit and the associated legal declarations of intent. SMP GmbH & Co. KG therefore accepts no liability for the accuracy of the information provided by the advertiser, the fulfilment of contracts between the advertiser and the interested party, or the performance or creditworthiness of the interested party or real estate advertiser.
    5. The binding agreement reached after clicking the button "Book with costs" can in general no longer be changed unilaterally by the advertiser.
    6. The content of the concluded agreement results on the one hand from the services selected by you via our website and the associated prices indicated in each case. A formulated agreement text is therefore not available. If you wish to document this part of the agreement content for your records, you can do so by printing out and archiving the respective pages using the print function of your browser.
    7. The advertiser will receive two notifications by email to the registered email address before the term is automatically extended. If the advertiser does not react, the ad package is automatically extended for another term. If the advertiser does not want an extension, he slides the "auto-renew" slider in the "My bookings" menu item to the left. The ad(s) will then be deactivated after the end of the term and the ad package will be paused.
    8. SMP GmbH & Co. KG reserves the right to adjust the price set in the agreement after the end of the term. SMP GmbH & Co. KG will notify the customer of price changes in writing in good time.
    9. The user is prohibited from publishing so-called premium rate numbers (e.g. numbers with the preselection 0844, 0870, 0871) on the Internet portal, either directly or indirectly, or making reference to such numbers in any way whatsoever, whether by displaying them directly or by announcing a telephone service, an email or other notification. This correspondingly applies to so-called faxback numbers. In the event of a violation, SMP GmbH & Co. KG reserves the right without warning to delete the advertisement in question and block the user.
    10. In the event of a violation of Para. 2, SMP GmbH & Co. KG is entitled to demand details from the user as to the amount of earnings that he/she has received from the premium rate number or the faxback number. SMP GmbH & Co. KG expressly reserves the right to assert compensation claims, particularly for immaterial damages (e.g. due to image loss).
    11. The user is prohibited from publishing advertisements which, either directly or indirectly, incur intermediation costs, broker fees, higher telephone charges or other costs or fees. Likewise, the user is prohibited from advertising other products or services, either directly or indirectly, in an advertisement.
    12. If commercial advertisements are published without the prior consent of SMP GmbH & Co. KG, then SMP GmbH & Co. KG is entitled to delete these immediately and to demand, for each advertisement and each day of publication, a customary and appropriate level of compensation from the user, in addition to the payment of a contractual penalty amounting to five times the customary and appropriate level of compensation plus VAT at the statutory rate. The calculation of the customary and appropriate level of compensation may be based on offers of the SMP GmbH & Co. KG for the commercial use of the Internet portal.
    13. To the extent that SMP GmbH & Co. KG is entitled to claims according to paragraph 5, the user is obliged to indemnify them from extrajudicial lawyer's fees for the prosecution of these claims.
    14. Should SMP GmbH & Co. KG be entitled to compensation in accordance with Para. 5, then SMP GmbH & Co. KG shall have the right to withhold any reciprocal performance that the user is entitled to, until the claims asserted by SMP GmbH & Co. KG have been settled in full.
  • 7. Rights and obligations of the user

    1. The user alone is responsible for the content and accuracy of the submitted data and information. The user is also responsible for his/her own actions on the Internet portal.
    2. In addition, the user is obliged not to submit any data or information if that violates the rights of third parties (especially personal rights, naming rights, brand rights and copyrights, or other neighbouring rights) or violates the applicable laws of the Federal Republic of Germany (e.g. Copyright Act, Civil Code, Criminal Code, Trademark Act, constitutional law, child protection law). In particular, this also applies to links to other websites and to references that the user makes to offers in print media or in digital media.
    3. In addition, the user is expressly made aware that it is illegal to publish copyright-protected cartographic material or copyright-protected images and photographs on the Internet portal without the originator's permission.
    4. The user is prohibited from using the Internet portal for other illegal or immoral purposes that do not conform to the objectives of the Internet portal. The use of offensive content or ambiguous descriptions and suggestions of sexual activities of any kind, is prohibited.
    5. The user indemnifies SMP GmbH & Co. KG against all claims by third parties, which are asserted against SMP GmbH & Co. KG by third parties as a result of a violation of these GTC by the user. In this case, the user shall reimburse SMP GmbH & Co. KG for all costs relating to litigation and legal defence. Furthermore, the user is obliged to provide SMP GmbH & Co. KG with all necessary documentation and information that is required to fulfil the latter's interests.
    6. The information published on the Internet portal may not be used by the user for the purpose of mass distribution of emails (so-called spamming). SMP GmbH & Co. KG reserves the right to claim compensation, especially due to intangible damages (e.g. due to image loss) from users who use the information published on the Internet portal for spamming purposes.
    7. Usage activities that serve the purpose of affecting the functionality of the Internet portal, or which impair the use thereof, are prohibited. Users will be prosecuted under civil and criminal law for each violation. In particular, interventions that impair the physical or logical structure of the Internet portal are prohibited.
    8. The user is obliged not to disclose his/her access data to third parties and to protect it against unauthorised access. The user shall be liable for any unauthorised use of the Internet portal, for which he/she is responsible. The user shall inform SMP GmbH & Co. KG immediately if he/she suspects that his/her access data is being misused by third parties.
    9. The user accepts that the personal information submitted on the Internet portal can be filtered by search engines such as Google and Yahoo. SMP GmbH & Co. KG is not able to prevent such filtering by search engines. Prevention of such filtering would contradict the interests of the Internet portal, to reach a large market.
    10. The user provides his/her consent for the data to be published on the respective partner sites of SMP GmbH & Co. KG and for the user profile to be used within the context of other business activities by SMP GmbH & Co. KG.
    11. The services on the Internet portal may only be duplicated with the prior consent of SMP GmbH & Co. KG. In the event of a violation, SMP GmbH & Co. KG may initiate civil or criminal proceedings against the respective user.
    12. Should these GTC or legal provisions be violated by a third party, the SMP GmbH & Co. KG requests that the user informs SMP GmbH & Co. KG of this violation immediately, so that relevant action can be taken.
  • 8. Rights and obligations of SMP GmbH & Co. KG

    1. SMP GmbH & Co. KG reserves the right to check the advertisements that are published on the Internet portal. SMP GmbH & Co. KG will respect the rights of the user, especially his/her freedom of opinion, provided that the user's actions would not lead to a violation of law on his/her part.
    2. Should the user violate the GTC, or should he/she be suspected of doing so, SMP GmbH & Co. KG is entitled to ban the respective user from using the services of the Internet portal and to immediately delete the data submitted by the user.
    3. Before banning the user from using the Internet portal, SMP GmbH & Co. KG will demand that the user ceases the infringing behaviour within an appropriate period of time. Should the user fail to meet this demand, he/she may be banned without further notice. Should the violation of the user be so severe that SMP GmbH & Co. KG can no longer be expected to maintain the owner-user relationship, the owner-user relationship may be terminated without notice. This shall apply in particular in the case of a violation of legal provisions.
    4. The overall service of SMP GmbH & Co. KG is subject to the relevant laws on intellectual property rights, such as the German Trademark Act. This also applies for the entire data and database structure, as well as for the external image of the Internet portal.
  • 9. Copyright / licenses

    1. For the duration of the statutory copyright term, the user grants SMP GmbH & Co. KG the right (unlimited in terms of space, time and content) to use the content that is displayed in his/her advertisements (image, word, sound, video), including for any purpose relating to the corporate object of SMP GmbH & Co. KG.
      The following are granted in particular:
      • the right to duplicate, distribute and publish;
      • the right to duplicate, distribute and publish electronically; especially via Internet or intranet, by reproducing on-screen, by download (on-demand file sharing) and by means of mobile communication facilities such as mobile phones, PDAs and similar;
      • the right to change the form of reproduction, especially by processing and translating or transmitting in other languages, dialects or oral forms of representation.
    2. Should third parties have rights to content of advertisements, then the user shall also grant SMP GmbH & Co. KG rights to those rights, to the extent specified in Para. 1.
    3. The user agrees that SMP GmbH & Co. KG may transfer or license the usage rights that it has been granted to its contractual partners and may allow its contractual partners to use the content of the advertisements for commercial purposes. SMP GmbH & Co. KG is therefore entitled to transfer or license the rights under Para. 1 and Para. 2 to its contractual partners, either fully or partially, and to authorise its contractual partners to transfer and sub-license these rights itself.
  • 10. Termination of the owner-user relationship

    1. SMP GmbH & Co. KG expressly reserves the right to cease or change the individual services of the Internet portal or the operation of the internet portal at any time. In particular, SMP GmbH & Co. KG reserves the right to introduce a charge for individual services. In such instance, the user will be informed separately by SMP GmbH & Co. KG and must accept the charge for the service by means of a separate declaration.
    2. The user is entitled to terminate the user relationship at any time without being required to provide reasons.
  • 11. Final provisions

    1. The invalidity of a provision contained in these GTC shall not affect the validity of the remaining provisions of these GTC.
    2. This owner-user relationship is subject to German law exclusively. International law and/or the UN Convention on Contracts for the International Sale of Goods (CISG) shall not apply.
    3. The contractual relationship between SMP GmbH & Co. KG and the user shall be limited to the owner-user relationship. Additional contracts that go beyond the services offered by SMP GmbH & Co. KG on the Internet portal are not being concluded between the parties.
    4. If the user is a consumer within the meaning of the German Civil Code, a corporate body under public law, or a special fund under public law, the head office of SMP GmbH & Co. KG in Stuttgart shall be agreed upon as the place of jurisdiction.
    5. Any general terms and conditions of the user that contradict these GTC shall not affect the owner-user relationship, as they are not acknowledged by SMP GmbH & Co. KG. Should the user not agree with this provision, he/she is entitled to refrain from entering into the owner-user relationship.
  • 12. Version

    These GTC are valid as from 23/03/2022 and shall continue to be valid for an indefinite period, until a revised version is published.

Cancellation Policy and Model Cancellation Form for Consumers

  • 1. Cancellation policy

    • Right of withdrawal
    • You have the right to revoke the agreement made regarding the booking of ad package/s or WG-Gesucht+ within fourteen days without giving reasons. The revocation period is fourteen days from the day of the conclusion of the contract.
      In order to exercise your right of revocation, you must notify us (SMP GmbH & Co. KG, Auf dem Haigst 34, 70597 Stuttgart, by means of a clear declaration (e.g. a letter sent by post or an email) of your decision to revoke this contract.
      You can use the attached model cancellation form for this purpose, which is, however, not mandatory.
      To comply with the withdrawal period, it is sufficient for you to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.

    • Consequences of cancellation
    • If you withdraw from this contract, we must refund all payments we have received from you, including delivery costs (except for additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days of the day on which we received notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees because of this repayment.
      If you have requested that the services begin during the withdrawal period, you must pay us a reasonable amount corresponding to the proportion of the services already provided up to the time you notify us of the exercise of the right of withdrawal regarding this contract compared to the total scope of the services provided for in the contract.

    • End of the cancellation policy
  • 2. Model Cancellation Form