1. Scope - Definitions
1.1 These terms of use apply between Live & Study UG (limited liability). Güterstrasse 2, 94469 Deggendorf, www.live-and-study.com, managing directors Roland Hofmann, Manuela Berndl, Roland Wanninger (hereinafter referred to as "Live & Study") and users who, as visitors, visit the Live & Study platforms (website and mobile app; in the following "platform") from customers (providers) available offers and services for renting student flats / apartments and student rooms (hereinafter referred to collectively as "property") in the context of the Live & Study database (hereinafter "database") retrieve, view and with the respective Get in touch with providers.
1.2 A consumer is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity.
2. Live & Study services
2.1 On the Live & Study platform, users have the opportunity to search for properties of the providers in various locations free of charge. Furthermore, users can send inquiries about rental interests directly to the providers via the platform.
2.2 Further communication between the user and the provider takes place outside the Live & Study platform.
2.3 Contracts for the rental of real estate come into existence exclusively between the customer as the provider of the property and the user as the seeker of a rental property. Live & Study only provides the platform for displaying the real estate.
3. technical availability
3.1 Live & Study keeps the submitted offer of the provider as a web hosting provider stored on their servers and available for retrieval (so-called hosting). Live & Study does not owe the transmission of the information to the retrieving user; this is solely a matter for the network operator claimed by the user.
3.2 Live & Study is entitled to further develop the design of the Live & Study platform and services, including the functionalities and content, within the framework of the state of the art and changes in technical standards, taking into account the legitimate interests of the providers and users.
4. Use for private purposes only
4.1 The use of the Live & Study platform to access property advertisements and contact the providers may only be for private purposes. Users are therefore not allowed to use the contact details of providers that are accessible via Live & Study for any purposes other than for their own private communication. It is also forbidden to use Live & Study and the content made available through it for business, commercial or other commercial purposes.
4.2 The content accessible via Live & Study - with the exception of the legally permitted cases - may not be copied, distributed or otherwise made publicly accessible without the consent of the respective rights holder. In this respect, the use of computer programs for the automatic reading of data, in particular by crawlers and harvesters, is prohibited.
5. Warranty - liability
5.1 The content displayed is third-party content from the property provider. Live & Study assumes no liability for the correctness and completeness of the information provided by the providers, content posted, statements made, or for the identity and integrity of the providers.
5.2 The following applies to damage caused to the user in connection with the Live & Study platform and the service by Live & Study, subcontractors or their respective vicarious agents: Live & Study is fully liable in accordance with the statutory provisions for damage to life, body and health, for damage caused to a negligent or willful breach of duty by Live & Study, its legal representatives or its vicarious agents, for damage that is covered by liability under the Product Liability Act, as well as for damage that is based on willful or grossly negligent breach of contract and malice on the part of Live & Study, its legal representatives or vicarious agents are based.
5.3 In the event of a slightly negligent breach of essential contractual obligations, Live & Study’s liability is limited to property and pecuniary damage attributable to the foreseeable, typically occurring damage. Essential contractual obligations are obligations, the fulfillment of which enables the proper execution of the contract in the first place and on whose compliance the contractual partner regularly trusts and may rely. Any further liability is excluded.
5.4 Live & Study is liable for data loss and costs of useless data entry within the framework of the above provisions only for the effort that is necessary for the reconstruction of the data with proper data backup by the customer.
5.5 Any further liability is excluded. As far as the liability of Live & Study is excluded or limited, this also applies to the personal liability of its employees, workers, employees, representatives or vicarious agents.
6. Complaint management system
6.1 Live & Study has set up an internal system for handling complaints from its commercial customers when using its portal and its services. This complaint management system complies with the requirements of EU regulation 2019/1150 and can be reached via the contact options listed at www.life-and-study.com. Complaints received are carefully checked and dealt with quickly. Questions about complaint management itself can also be submitted via the aforementioned contacts. The system is checked regularly, but at least once a year, and updated if necessary.
7. Choice of law, contract language
7.1 The law of the Federal Republic of Germany applies to the exclusion of the UN sales law. However, this choice of law only applies to consumers insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has his habitual residence is not withdrawn.
7.2 The contract language is German.
Stand: 01.05.2021