Subletty Terms of Use

1. Who we are

Subletty is operated by Emre Yumurtaci, Friedhofstraße 24, 45892 Gelsenkirchen, Germany, email [email protected] (full details in the imprint). In these terms, “we” means the operator.

These terms apply to the use of Subletty in Germany. The German version is binding.

The basic features are free of charge: searching, publishing listings, writing messages and everything else you need to look for housing. The only thing you can pay for is an optional highlight of your own listing, and only while we offer it (section 2, “Buying a highlight”).

2. What Subletty is and what it is not

Subletty helps you find or offer temporary housing and get in touch.

• We are not a party to your contract. Rent, deposit, contract, viewing and handover are agreed directly between you. We do not act as an estate agent and do not represent either side.
• No money between you through Subletty. Rent, deposit and other payments between users never go through us. We do not accept or pass on any money for them.
• Subletty never asks for money by message, email or text message. The only thing you can pay us for is a highlight of your own listing, and only via the button on your own listing. Anyone who asks you to pay money to “Subletty” in any other way is trying to defraud you.
• We do not check content in advance. Listings, photos, profiles and messages come from users. The “Verified” badge only means: mobile number confirmed. We do not check anything else.
• Subletting: If you sublet, you usually need your landlord's permission (Section 540 of the German Civil Code, BGB). That is your responsibility; we do not check it.
• Ads: Ads from Google may appear in the search, even while you are signed in. They are a tile of their own between the results and labelled “Advertisement”. They have no influence on the order of the results. The advertisers are responsible for the content of the ads. What happens to your data is described in the privacy policy.
• Search engines: Active listings are public and can be found through search engines such as Google. Whether this applies to your listing is your choice for each listing, with the tick box “Findable on Google & co.”. It is ticked at first. The link to your listing always works. If you untick it, search engines only notice after a few days.

We keep developing Subletty. Features may change, be added or be removed.

Order of results

The order of the results in the search depends only on the details of your search and of the listings. Nobody can buy a place in the list of results.

• Tiers: The results come in three tiers. First “Fits”: everything you entered matches. Then “Almost fits”: small deviations, for example in the move-in date, the move-out date, the rent, the location, the number of rooms or whether it is furnished. Last “Partly”: only part of the period matches. You only see these results if you switch them on.
• Within a tier, with “Best fit” the period counts most, then, for offers, the rent, then the location. Newer listings move up a little. Instead of “Best fit” you can choose “Lowest rent first” (offers only) or “Newest first”.
• Highlights: Above the results, on the first page, there are at most three highlighted listings, chosen by Subletty or paid for. They only come from “Fits” and “Almost fits” of your search. Their order is random. They stand apart from the results in a block of their own, “Highlighted”, and are labelled. They also stay in their usual place in the list. They do not change the order of the results.
• Ads have no influence on the order.

Below the results, “Why am I seeing this?” explains the order once more.

Buying a highlight

While we offer it, you can highlight one of your own active listings for a fee. Whether this is possible right now is shown at your listing under “My listings”. It is a contract of its own, next to the user agreement.

• Service: For the period bought, your listing also appears in a “Highlighted” block above the search results, on the first page and only for searches it matches or nearly matches. The block shows at most three listings in random order (part “Order of results”). If more highlighted listings match, the selection changes from search to search. We do not promise how often your listing is shown or that anyone gets in touch. The highlight does not change the order of the other results.
• Labelling: In the block, your listing is labelled “Ad · paid highlight” with your name on Subletty.
• Price and duration: Both are shown at your listing before you order. The price is a final price in euros and is charged once; it is not a subscription. The duration starts as soon as the payment is confirmed and ends by itself.
• Order and contract: With the button “Order with obligation to pay” you make a binding offer. You pay at our payment service provider Stripe. The contract is concluded as soon as Stripe confirms the payment to us. If you cancel the payment or it is not completed, no contract is concluded and you pay nothing.
• Order confirmation: After the payment we send you an order confirmation to the email address of your account. It contains the order, the start and end of the highlight, the price, the withdrawal information with the model withdrawal form and these terms. It is not an invoice. Stripe also sends you a receipt for the payment to the email address you enter there.
• Pausing, end of period and deletion: The duration keeps running if you pause the listing, its period ends or you delete the listing or your account. While the listing is not active, it is not shown as highlighted. You cannot pause or extend the highlight. When we refund is set out in the next part, “Refund”.
• Withdrawal: See section 10.

VAT: We are a small business and therefore do not charge VAT (Section 19 of the German VAT Act, UStG).

Refund

If we refund, we do so through Stripe to the same means of payment you used. These rules apply:

1. Withdrawal: If you withdraw within 14 days while the highlight is running (section 10), we refund the price minus a proportionate compensation for the time already run. We calculate the compensation per started 24 hours since the highlight began: price × started 24-hour periods ÷ days bought, rounded down to whole euros. We count up to the receipt of your withdrawal, even if the highlight only ends after our review. If we have not sent you an order confirmation, we refund the full price.
2. Double payment: If you accidentally paid twice, we refund the extra payment in full.
3. Not started: If the highlight could not start after your payment, for example because the listing was already highlighted or no longer active, we refund the full price.
4. Error on our side: If the highlight could not run as bought because of a technical error on our side, we refund the full price.
5. Moderation reversed: If we removed the listing or suspended your account and reverse this after your complaint (section 5), we refund the full price.
6. No refund is given if you pause the listing, for example because it has been let, if its period ends or you delete it, if you terminate and have your account deleted (section 9), and if we remove the listing or suspend your account because you breached section 4 (sections 5 and 6).
7. Your statutory right of withdrawal and your other statutory rights remain unaffected.

3. Account

For an account you need an email address or an account with Google or Apple. By confirming the code or link from our email, or by signing in with Google or Apple, you enter into the user agreement with us under these terms. To publish, write messages and see numbers, you also confirm a mobile number.

• You must be at least 18 years old.
• One person, one account. A mobile number belongs to exactly one account. Changing the number is not provided for.
• Keep your access secret and let us know if someone else uses it.
• Commercial providers mark their listings as commercial.

4. Your rules

You are responsible for everything you publish or write on Subletty. Your details must be correct, and you may only offer housing that you are entitled to let.

The following is not allowed:

When it comes to finding a home, nobody may be put at a disadvantage because of their origin. On Subletty, this rule also applies where the law allows an exception.

Your name: You can choose your own name. It must not insult anyone, imitate another person or Subletty, or contain contact details. We advise you not to use your real name, because everyone can see it.

Your content: You grant us the simple (non-exclusive), free right to store and display your listings and photos on Subletty and to adapt them technically for this purpose. The right ends when you delete the content.

5. Reporting and moderation

Reporting: Anyone can report a listing or a profile, even without an account. In a conversation, you can report messages from the other side. You choose a reason and explain what it is about. If you give an email address, you get a confirmation of receipt and our decision. The reported person does not learn who reported them.

Who decides: Every report is reviewed by a human, currently the operator. We only review content if it is reported or an authority orders it. There are no automated decisions. The warnings in the chat are only notices to the recipient.

What we can do:

All measures apply across the whole platform. Removing and hiding are permanent, a suspension lasts until it is lifted. For minor first-time violations, we usually only remove the content. We act carefully, objectively and proportionately.

Statement of reasons: For every measure, you get an email with the measure, its duration and scope, the rule from section 4 that was broken, and our reasons.

Complaint: You can complain within 6 months by email to [email protected], quoting the reference from our email. We usually review the decision again within 14 days. If the complaint is justified, we reverse the measure. We do not restore a reset name, but you can then choose a new one right away. You can still go to court.

6. Suspension

We suspend an account for repeated or serious violations of section 4, and for fraud already on the first occasion.

We hear you first. Before we suspend, we write to you about what we accuse you of and give you seven days to respond. We take your response into account in our decision. We only skip this if an authority orders it or if people are acutely harmed or at risk, especially in cases of fraud.

Consequences: You can no longer sign in, your listings are removed and your conversations are closed. So that you do not create a new account, we keep a check value of your mobile number for 24 months from the suspension (privacy policy, section 8). A running highlight ends without a refund, unless we reverse the suspension (section 2, “Refund”). Your statutory rights remain unaffected.

Duration: A suspension lasts until it is lifted. After 12 months, we review it again on request. We delete your account with the number if you ask us to. We delete the check value of the number 24 months after the suspension.

7. Availability

We do our best to keep Subletty easy to reach, but we cannot guarantee it. Maintenance, outages or further development can lead to interruptions. Keep your own copy of important content, for example the texts of your listings.

8. Liability

We are not liable for content from other users as long as we have no knowledge of illegal content. If we learn of it, we act without delay. We are not liable for contracts between users, for the homes, or for the behaviour of other users.

Otherwise, the following applies:

• We are liable without limitation for intent and gross negligence, for injury to life, body or health, and under the German Product Liability Act (Produkthaftungsgesetz).
• For simple negligence, we are only liable if we breach a material contractual obligation, meaning an obligation whose fulfilment you may rely on. In that case, liability is limited to the foreseeable, typical damage.
• Otherwise, we are not liable for simple negligence.

This also applies to our representatives and agents.

9. Termination and deleting your account

You can terminate at any time. To do so, write to [email protected] from the email address of your account. We usually delete your account within 30 days of your confirmation. What happens to your data is explained in the privacy policy. A running highlight ends with the account without a refund (section 2, “Refund”). Your statutory rights remain unaffected.

If you do not confirm a mobile number within 7 days and have no listings, photos or conversations, we delete your account automatically, including saved listings and settings. This also ends the contract.

We can terminate with four weeks' notice. If we terminate with notice, the contract ends no earlier than the end of the highlights you bought before the termination. For good cause, for example after a suspension, we can terminate without notice.

10. Right of withdrawal

As a consumer, you can withdraw from the user agreement and from every purchase of a highlight. They are separate contracts.

User agreement

You can withdraw from the user agreement within 14 days without giving any reason. The period starts on the day your account was created. All you need is a clear statement to Emre Yumurtaci, Friedhofstraße 24, 45892 Gelsenkirchen, Germany or by email to [email protected], for example: “I hereby withdraw from the contract for the use of Subletty.” You can use the form below, but you do not have to. It is enough to send the statement before the period ends.

After you sign up, we send you these terms and the withdrawal information by email.

Consequences of withdrawal: The contract ends, and we delete your account as with a termination. You have not paid anything for the user agreement, so there is nothing to refund. For a highlight you bought, the next part applies.

Model withdrawal form (user agreement)
To Emre Yumurtaci, Friedhofstraße 24, 45892 Gelsenkirchen, Germany, [email protected]:
I hereby withdraw from the contract concluded by me for the use of Subletty.
Account created on: ______ · Email address of the account: ______
Date: ______

Purchase of a highlight

The easiest way to withdraw is the button “Withdraw from contract” in the footer of every page (subletty.app/widerruf). You do not need to be signed in. You can also withdraw by letter or email. We confirm receipt by email.

Your highlight ends when we receive your withdrawal. If we cannot clearly match it to your order, for example because the email address does not match your account, it ends after our review. We still only calculate the compensation up to the receipt. How much we refund is set out in section 2, “Refund”.

Withdrawal information for the purchase of a highlight

Right of withdrawal: You have the right to withdraw from the contract for a highlight within 14 days without giving any reason. The withdrawal period is 14 days from the day the contract is concluded, that is, from the day Stripe confirmed your payment to us. To exercise your right of withdrawal, you must inform us (Emre Yumurtaci, Friedhofstraße 24, 45892 Gelsenkirchen, Germany, email [email protected]) of your decision to withdraw from this contract by a clear statement (for example a letter or an email). You can use the model withdrawal form below, but it is not mandatory. You can also electronically fill in and submit a clear statement on our website with the button “Withdraw from contract” (subletty.app/widerruf). If you use this option, we will send you an acknowledgement of receipt of the withdrawal by email without delay. To meet the withdrawal deadline, it is sufficient that you send your notice of withdrawal before the withdrawal period has expired.

Consequences of withdrawal: If you withdraw from this contract, we shall reimburse all payments received from you without undue delay and at the latest within 14 days from the day on which we are informed of your withdrawal. We will use the same means of payment as you used for the original payment, unless expressly agreed otherwise with you. In no case will you be charged any fees for this reimbursement. If you requested that the highlight begin during the withdrawal period, you shall pay us an amount proportionate to the part of the duration already provided by the time you informed us of your withdrawal, compared to the full duration bought.

Expiry of the right of withdrawal: Your right of withdrawal expires when we have fully provided the highlight, that is when its duration has run out, and you expressly requested before ordering that it start right after the payment and confirmed that you know your right of withdrawal then expires. You make this request with the tick box before the button “Order with obligation to pay”. You cannot order without the tick.

End of the withdrawal information

Model withdrawal form for the purchase of a highlight

If you want to withdraw from the contract, please fill in this form and send it back.
To Emre Yumurtaci, Friedhofstraße 24, 45892 Gelsenkirchen, Germany, [email protected]:
I hereby withdraw from the contract concluded by me for the provision of the following service: highlight of my listing on Subletty.
Order number: ______ · Ordered on: ______
Name: ______ · Address: ______
Email address of the account: ______
Signature (only if the notice is on paper): ______
Date: ______

11. Changes to these terms

We only change these terms for a valid reason, for example new features, new laws or new service providers. We announce changes to you by email at least four weeks in advance. If you do not object by the date stated, the new terms apply. We point this out explicitly in the email. If you object, you can terminate your account. Changes that introduce costs or affect the core of Subletty only apply with your explicit consent.

12. Final provisions

German law applies. As a consumer, you keep the protection of the mandatory provisions of the country where you live. If a provision is invalid, the remaining provisions stay valid.

Contact for users and authorities, including under the Digital Services Act: [email protected], in German or English.