Last Updated: November 7, 2024
PREAMBLE
These Terms and Conditions (“Terms”) constitute a legally binding agreement between users and International India Hub. By accessing, browsing, or using the International India Hub platform (“Platform”), you acknowledge that you have read, understood, and agree to be bound by these Terms without limitation or qualification, along with any applicable laws (national and otherwise).
- GENERAL PROVISIONS
1.1. Platform Purpose
International India Hub provides an online marketplace platform connecting property owners, agents, tenants, and service providers specifically catering to the Indian community in Germany. The Platform facilitates property listings for rental purposes, service provider connections, and provides advertising opportunities for Indian businesses and other service providers to the expat community. International India Hub also is a property aggregator. One of its main functions is to facilitate the booking of accommodations between property owners and tenants (for mid-term or long-term stays).
1.2. Legal Status
International India Hub explicitly declares that it:
Operates solely as a technological intermediary.
Does not act as a real estate agent, broker, or property manager.
Does not own, control, or manage any listed properties.
Does not participate in rental agreements between parties.
Bears no responsibility for the accuracy of listings or advertisements.
Takes no responsibility for the quality of services provided by listed service providers(property owner, other businesses advertising their services on International India Hub and all other service providers) However International India Hub protects the tenants by not crediting the payment to the property owner’s or listing owner’s account until after 2 days from the move-in date agreed upon between the tenant and property owner. If with-in these 2 days, the tenant reports an issue in the property, the payment made through the International India Hub’s platform will not be credited in the owner’s account until the dispute is resolved.
1.3. Binding Agreement
By using the Platform, all users enter into a binding agreement with International India Hub operated by Prakhyat Sapkale as an Einzelunternehmer, registered at Rostocker str 39, 10553, Tax ID: 78163230435.
- DEFINITIONS
For the purpose of these Terms, the following definitions apply:
- “Platform” means the International India Hub website, associated applications, and all services provided therein.
- “User” means any person who accesses or uses the Platform, including but not limited to Owners, Agents, Tenants, Service Providers, and Advertisers.
- “Owner” means any individual or entity listing property for rent on the Platform.
- “Agent” means any real estate professional listing property for rent on the Platform.
- “Tenant” means any individual seeking to rent or renting property through the Platform.
- “Service Provider” means professionals offering professional services through the Platform.
- “Advertiser” means businesses displaying advertisements on the Platform.
- “Protection Period” means the 2 day – period following the tenant move-in date during which International India Hub holds the payment made for booking the property.
- “Move-in Date” means the date specified in the booking confirmation when the tenant is scheduled to take possession of the property.
- “First Payment” means the initial payment made by the tenant to secure the property.
- “Warm Rent” refers to the total rent including utilities (electricity, water, internet etc)
- “Protection Fee” means the fee charged by International India Hub for providing platform services and payment protection.
- “No-show” means when a tenant fails to appear at the property on the agreed move-in date without prior notice.
- “Booking” refers to an agreement between the Owner and the Tenant.
- “Booking Period” refers to the period
- “Tenant Protection Fee” or “Protection Fee” refers to the fee charged by International India Hub to provide a protection cover to tenants by saving them from rental scams and sub-standard rentals.
3. PLATFORM USAGE AND REGISTRATION
3.1. Registration Requirements
Users must provide accurate, current, and complete information during registration. International India Hub reserves the absolute right to refuse registration to any User at its discretion without providing justification or prior notice. The below details will be required for registration on Hauhub
- First and last name
- Email ID
- Mobile no.
- Account type – Owner, Tenant, Agency, Agent
3.2. Account Security
Users are solely responsible for:
- Maintaining the confidentiality of their account credentials
- All activities occurring under their account
- Immediately notifying International India Hub of any unauthorized account usage
International India Hub bears no responsibility for any losses or damages arising from unauthorized account access or usage.
3.3. Account Suspension
International India Hub maintains the unilateral right to suspend, terminate, or restrict access to any account that:
- Violates these Terms
- Provides false information
- Engages in fraudulent activities
- Violates applicable laws
- Exhibits inappropriate behavior
Users explicitly acknowledge that account suspension or termination does not entitle them to any compensation from International India Hub.
4. PROPERTY LISTINGS AND VERIFICATION
4.1. Listing Requirements
The Owner/Agent shall:
- Provide complete and accurate property information
- Include accurate pricing for cold rent, warm rent, and deposits
- Maintain updated availability calendars
- Agree to be contacted by the interested parties in their listings
- Respond to inquiries within reasonable timeframes
- Update listing information promptly when changes occur
- Do not misuse the potential customers’ personal details.
4.2. Verification Process/Featured Listings
Properties displaying a “verified” status have completed International India Hub’s online verification system. Users acknowledge that:
- Verification is conducted remotely through digital means
- Verification does not constitute physical inspectionVerification does not evaluate compliance with local regulations. However, International India Hub tries to maintain 9 m2 space minimum for each individual
- International India Hub bears no responsibility for the accuracy of verified listings
- Verification status does not guarantee property condition or availability. However, it guarantees the legitimacy of the property provider.
4.3. Owner/Agent Obligations
The Owner/Agent declares and accepts that:
- All provided information is true, correct, and updated
- They possess legal authority to list and rent the property
- They will provide requested documentation promptly
- They comply with all applicable laws and regulations
- They will honor the terms of accepted bookings
- The property offered will be clean, free from mold and that all utilities are functioning properly upon move-in.
5. BOOKING PROCESS AND PAYMENTS
5.1 Tenant Protection Fee Or Protection Fee
For booking payment
International India Hub charges a 12% protection fee or minimum 40€ up to 1000€ (warm rent).
5.2. Booking Confirmation
For booking confirmation:
To book the property, the tenant must pay the first month’s warm rent and the tenant protection fee to book the property. The Owner can also ask the tenant to pay the deposit or the first installment of the deposit (if installment options are selected during listing creation by the Owner). Meaning, the first month’s warm rent and protection fee will remain constant to book the property but deposit payment option is at the discretion of the owner.
- Both parties receive confirmation emails upon successful booking
- The Owner/Agent must provide move-in instructions and aware the new tenant of any existing shortcoming in the apartment. If the tenant identifies discrepancies in the property which were not informed during or before the booking, then the tenant has the right to stop the payment from crediting to the owner’s account with-in 2 days of the booking.
5.2 Payment Method or Payment System
- There is no payment button or pay option mentioned below properties on the platform which the tenants can use and make the payment.
- Instead, the Owner has the option to request payment from the tenant within the private chat system. Upon the payment request, the tenant can see the pay option/button in the private chat with the Owner. This also means that the tenant will not see the pay option until the Owner has generated a payment request.
- Using the pay option, the tenant can follow and make the payment.
- The payment is kept or stored by Stripe until the protection period (2 days) and then released to the Owner’s account. The tenant protection fee is not released to the Owner’s account but credited in International India Hub’s account as that’s the protection money International India Hub charged for protecting the tenants from frauds. This protection fee is released to International India Hub’s account on the move-in date if the booking has not been cancelled by the owner.
In order to receive the booking amount, the Owner must onboard themself on Stripe. The account onboarding link is shared with the Owner in 3 email triggers. The first trigger will be sent when a payment for the property is made by the tenant. The second trigger will be sent one day before the move-in date and the third will be sent on the move-in date. The owner therefore is notified 3 times to onboard themselves on Stripe
5.2. Payment Terms
Once payment is submitted, by paying through the payment request
- Payment amounts and conditions become fixed
- Deposit installment terms may be negotiated between the owner and the tenant, but not with the platform (International India Hub), therefore with International India Hub the deposit installment terms remain unchanged. This is because the deposit and the rent is determined by the owner and not International India Hub
- Cold rent and warm rent amounts remain unchanged
5.3. Protection Period
The Protection Period:
- Begins on the move-in date
- Ends at 23:59 on the second day after move-in. Meaning, if Monday was the move-in, then the protection period ends at 23:59 on Wednesday.
- Applies regardless of actual move-in time or key handover
5.4. Payment Processing
International India Hub:
- May modify Protection Fees without notice
- Processes payments through secure third-party providers
- Bears no responsibility for payment processing issues
- Retains Protection Fees if the owner did not cancel the booking until move-in date. After the move-in, the International India Hub retains the protection fee if a refund event arises.
6. CANCELLATION AND REFUND POLICY
6.1. Tenant Cancellation
If a tenant cancels a confirmed booking:
Within 24 hours of booking: Payment will be refunded to the tenant
- Post 24-hour of booking: No refund to the tenant. We will try to rent out the same property to another tenant with-in 1 month or till the time the actual move-in was described on the property and on unsuccessful results, the initial payment made by the first person/tenant will be given to the property owner. If the property is rented out to another tenant until the described move-in date, then the payment made by the initial tenant will be refunded back to the tenant but the protection fee will not be refunded back in this case. Therefore we advise the tenants to think thoroughly before making the booking. This is also in order to protect International India Hub from fraudulent bookings
- One day prior to move-in: The First Payment is forfeited and will be credited to the property owner’s account after the protection period (2 days from the move-in).
- No-show on move-in date: The entire payment will be transferred to Owner/Agent after the protection period 2 days from the move-in).
- After move-in during Protection Period: Subject to documented property condition issues. We will motivate the property owner or listing owner to resolve the issue reported by the tenant quickly and failing or unwilling to do so will result in the payment being refunded to the tenant.
- After Protection Period: No refunds available. For any property-related deficits identified by the tenant after the Protection Period he will have to resort to local regulations.
Except for the first case, in all the above cases, the Tenant Protection Fee will not be refunded as these are our fees to facilitate the transaction for our users.
6.2. Owner/Agent Cancellation before the move-in date
If an owner cancels a confirmed booking before the move-in date agreed between the two parties (tenant and the owner) or before the move-in date specified in the property description:
- The Payment is returned to the tenant
- Every component of the payment will be paid back to the tenant, provided the owner cancelled the booking before the move-in date.
- The Owner/Agent may face account restrictions if found to be doing cancellation on unreasonable grounds.
6.3 Owner/Agent Cancellation after the move-in date
If the owner cancels a confirmed booking after the move-in date i.e the tenant has move-in the property then the situation is analysed on the below basis
- If the cancellation was done within the protection period then the case will be individually assessed to decide whether to refund the money back to the tenant or the owner
- If the cancellation was done after the protection period then it is outside International India Hub’s control and International India Hub will not be able to act on it. It will then be between the tenant and owner but International India Hub will definitely assess the issue and if the owner is found to be at fault then the account of the owner will be terminated.
6.4. No-Show Policy
In case of tenant no-show:
- The First Payment transfers to Owner/Agent as compensation after 2 days from the move-in
- International India Hub retains the Tenant Protection Fee
- The booking automatically terminates
- No refund or compensation claims are valid
- However if the tenant informs the no-show reason to the owner with-in due time and the transaction between the two parties involved is intact despite of no-show then the payment follows the usual rule and will be credited to owner’s account after 2 days from the move-in provided the tenant or the owner has not informed International India Hub.
- If International India Hub is informed about the new move-in date arrangement by either the tenant or the owner then we will get it informed from both the parties and adjust the move-in date accordingly in our system. This also means that the protection period will now work according to the new move-in date.
6.4. Force Majeure
International India Hub bears no responsibility for cancellations due to:
- Natural disasters
- Government actions
- Public health emergencies
- Other circumstances beyond reasonable control
However, the International India Hub team will try its best to find the solution and arrange another stay for affected tenants but this is not guaranteed.
6.5 Protection Period Refunds
- When a tenant reports an issue with the property, the owner/listing has 7 days to resolve it
- If the issue isn’t resolved within 7 days, International India Hub will take notice of the situation by contacting both the landlord and tenant
- Based on both parties’ positions, International India Hub will determine if a refund is warranted
- If the repair work in the property requires a reasonable extension (2-3 days more), the refund decision will be delayed until then
- Otherwise, the tenant is entitled to a refund
7. PROTECTION PERIOD AND DISPUTES
7.1. Protection Period Coverage
During the 2 day Protection Period:
- Tenants must verify property condition
- Document any discrepancies , providing sufficient visual proof (e.g. pictures, videos, correspondence)
- Report significant issues to International India Hub and to the Owner
- Communicate concerns to Owner/Agent
7.2. Dispute Resolution
If during the Protection Period a discrepancy between the property conditions and the description in the listing is reported, the dispute resolution process is initiated, immediate consequence of which being that the payment release by International India Hub will be withhold until the dispute resolution process ends with a decision by International India Hub about the payment release. The following will be the guidelines of the dispute resolution process:
- The dispute resolution period will at least last for 7 days, during which the payment will not be released
- ·During this time, Owner and Tenant are held to seek an amicable resolution to the dispute
- Tenant and Owner must provide documentation for their positions, based on which a decision will be made as to the release of the payment
- If the issue reported qualifies as a significant discrepancy as assessed by International India Hub, the dispute resolution period can be extended for a reasonable time (2-3 days) if the Owner shows willingness to resolve the issue
- The resolution period can be extended further if the tenant allows for the extension and plus:
- The listing or property owner needs more time
- The listing owner shows willingness to resolve the issue
- International India Hub is informed about the extension request
- During the resolution period, the tenant and property owner decide if the tenant will continue staying
- If the tenant decides not to stay after the issue is resolved with-in a reasonable time, the payment goes to the owner’s account however International India Hub will still evaluate every case individually as there could be several circumstances and nuances to one problem.
- In this case, the tenant is not entitled to any refunds
- International India Hub may mediate but is not obligated to
- Decisions regarding payment release are final and International India Hub´s involvement ends
- Legal recourse remains between involved parties
7.3. Payment Release in case of no report of discrepancies by tenant (standard procedure)
After the Protection Period: ·The Tenant is considered to have accepted the property as it is
- Payments automatically release to Owner/Agent in case of no report of any discrepancy in the actual property condition and described condition on the platform.
- International India Hub’s involvement terminates
- Further disputes are between involved parties
- No additional protection is provided
8. SERVICE PROVIDER TERMS
8.1. Service Provider Listings
While International India Hub vets service providers:
- Quality of work is not guaranteed
- International India Hub bears no liability for service quality
- No compensation for unsatisfactory service
- Users engage providers at their own risk
8.2. Service Provider Obligations
Service providers must:
- Maintain accurate service descriptions
- Provide valid professional credentials
- Comply with local regulations
9. ADVERTISING TERMS
9.1. Advertisement Content
Advertisers must ensure their content:
- Complies with German advertising laws
- Is not misleading or deceptive
- Respects intellectual property rights
- Adheres to International India Hub’s content guidelines
9.2. Advertisement Placement
International India Hub reserves the right to:
- Modify advertisement placement
- Reject any advertisement
- Remove advertisements without notice
- Adjust advertising rates
9.3. Advertising Performance
International India Hub:
- Does not guarantee advertisement performance
- Provides no minimum impression guarantees
- Bears no responsibility for advertising outcomes
- May modify advertising features without notice
10. USER OBLIGATIONS
10.1. General Obligations
All users must:
- Comply with German laws and regulations
- Provide accurate and truthful information
- Maintain professional communication
- Respect platform guidelines and policies
- Update personal information promptly
10.2. Prohibited Activities
Users are strictly forbidden from:
- Circumventing platform payment systems
- Sharing false or misleading information
- Harassing other platform users
- Creating multiple accounts
- Manipulating platform features
- Engaging in discriminatory practices
- International India Hub will not be responsible for any payment loss to the tenant if that is made outside the International India Hub platform.
10.3. Tax Compliance
Users acknowledge that:
- They are responsible for their tax obligations
- International India Hub may share tax-related information with authorities
- Tax documentation must be maintained as per local laws
- International India Hub does not provide tax advice or assistance
11. LIABILITY AND DISCLAIMERS
11.1. Platform Liability
International India Hub explicitly disclaims liability for:
- Property condition or availability
- Accuracy of listings or advertisements
- User behavior or communications
- Service provider quality
- Payment processing issues
- Technical platform disruptions
- Third-party service failures
- Data loss or security breaches
11.2. Limitation of Damages
Users agree that:
- International India Hub’s maximum liability is limited to Protection Fees paid
- No consequential damages can be claimed
- Indirect losses are not compensable
- Legal recourse is limited to direct monetary losses
- International India Hub is not a party to any contractual relationship between the Tenant and the Owner and accepts no liability for contracts.
11.3. Indemnification
Users agree to indemnify and hold harmless International India Hub, its owner Prakhyat Sapkale, employees, and partners from:
- Claims arising from user actions
- Violations of these Terms
- Breach of applicable laws
- Third-party claims
- Legal defense costs
12. PRIVACY AND DATA PROTECTION
12.1. Data Collection
International India Hub collects and processes personal data as described in the Privacy Policy, including:
- Registration information
- Transaction details
- Communication records
- Platform usage data
12.2. Data Sharing
International India Hub may share user data:
- Between relevant platform users
- With service providers
- With government authorities
- For legal compliance
- To protect platform integrity
12.3. Data Security
While International India Hub implements reasonable security measures:
- Absolute security cannot be guaranteed
- Users accept inherent online risks
- International India Hub is not liable for data breaches
- Users must maintain their account security
13. TERMINATION
13.1. Termination by International India Hub
International India Hub may terminate or suspend any user account:
- Without prior notice
- At its sole discretion
- Without compensation
- For any Terms violation in the case of: A violation of any term or conditions, suspected fraudulent activity, Changes in law that make it impossible to offer the Platform in its current form
13.2. Termination by User
- When some transaction is ongoing
Users may terminate their account:
- After completing all active transactions
- With written notice to International India Hub
- Subject to data retention requirements
- Without refund of any fees
- When no transaction is ongoing
Users can directly terminate their account directly
13.3. Effect of Termination
Upon termination:
- Access rights immediately cease
- Pending transactions may complete or will be stopped by International India Hub based on the individual case
- Data retention policies apply
- Legal obligations continue
14. LEGAL FRAMEWORK AND JURISDICTION
14.1. Governing Law
These Terms are governed by:
- German law
- EU regulations where applicable
- Local real estate regulations
- Data protection laws
14.2. Jurisdiction
Any disputes shall be:
- Subject to German courts
- In the jurisdiction of Tiergarden court, Berlin
- Resolved through German legal system
- Preceded by good faith negotiation attempts
14.3. Severability
If any provision of these Terms is found invalid:
- Remaining provisions remain in effect
- Invalid provisions shall be modified
- Legal intent shall be preserved
- Terms remain binding
14.4. Modifications
International India Hub reserves the right to:
- Modify these Terms at any time
- Update platform features
- Adjust fee structures
- Change service offerings
Users will be notified of significant changes, but continued platform use constitutes acceptance of modifications.
These Terms constitute the entire agreement between users and International India Hub, superseding any prior agreements or understandings.
15. DATA SECURITY AND PRIVACY
15.1. Security Measures
International India Hub implements industry-standard security measures including:
- SSL/TLS encryption for data transmission
- Secure payment processing through authorized payment gateways
- Multi-factor authentication for account access
- Regular security audits and updates
- Access control mechanisms
15.2. Payment Processing
All payment processing on International India Hub:
- Uses secure payment gateways
- Implements tokenization for payment information
- Complies with PCI DSS standards
- Encrypts financial data transmission
- Stores no raw payment data on our servers
15.3. Data Storage and Protection
International India Hub ensures:
- Secure cloud storage for user data
- Encryption of sensitive information
- Regular data backups
- Access controls based on user roles
- Monitoring for unauthorized access attempts
15.4. User Responsibilities
Users must:
- Maintain strong password practices
- Enable two-factor authentication when available
- Report suspicious activities promptly
- Protect their account credentials
- Update their contact information regularly
15.5. Breach Notification
In the event of a data breach:
- Users will be notified as required by law
- Appropriate authorities will be informed
- Necessary measures will be taken to contain the breach
- Affected users will receive guidance on protective steps
15.6. Third-Party Services
When using third-party services:
- Data sharing is limited to necessary information
- Service providers must maintain adequate security
- Users are subject to third-party privacy policies
- International India Hub verifies third-party security standards
Last Updated: November 7, 2024
International India Hub
Rostocker Str 39, 10553
privacy@International India Hub
Tax id: 78163230435