Terms and conditions of Seatsmatch
1. Scope and Contracting Parties
1.1 These General Terms and Conditions (GTC) govern the use of the Seatsmatch platform, operated by Seatsmatch GmbH, Seitenstettengasse 5/37, 1010 Vienna, Austria.
1.2 The GTC apply to hosts who offer office spaces, coworking spaces, and business addresses for rent, as well as tenants who search for and book suitable workspaces via Seatsmatch.
1.3 Seatsmatch acts solely as an intermediary between prospective tenants and providers and is not a contracting party to any rental agreements.
2. Subject Matter and Services of Seatsmatch
2.1 Seatsmatch provides a digital platform where hosts can list their workspaces and tenants can search, compare, and book suitable locations.
2.2 Seatsmatch acts exclusively as a broker and assumes no responsibility for contract negotiations, rental conditions, or legal aspects of the offers.
2.3 The host is fully responsible for complying with all legal requirements and managing the rental agreement.
3. Registration and Use of the Platform
3.1 Registration for Tenants
Using the platform requires registration with complete and accurate information. Tenants can browse listings, use filter functions, and make bookings or inquiries after registering.
3.2 Registration for Hosts
Hosts must register with complete company details or as private providers. They can list properties, set prices, and manage bookings.
4. Brokerage Process and Contract Formation
4.1 Booking Requests and Direct Bookings
Tenants can book workspaces directly via Seatsmatch or submit a booking request. The rental contract is exclusively concluded between the tenant and the host.
4.2 Obligations of the Host
Hosts must accept or decline booking inquiries within two business days. Each mediation remains valid for 120 days, even if the host does not initially respond or declines the request.
4.3 Notification Obligation for Successful Mediation
If a rental contract is concluded with a customer mediated through Seatsmatch, the host must inform Seatsmatch within 14 days of signing the contract. If no notification is provided, Seatsmatch is entitled to charge the brokerage fee based on the published rental prices.
5. Payment Terms and Brokerage Fees
5.1 Payment Processing
Rent payments are processed either via the Seatsmatch payment system or directly between the tenant and the host, according to their individual agreements.
5.2 Brokerage Fee for Hosts
For a mediated booking through a confirmed request, the commission is 12.5% of the rent for the first 12 months. For a direct booking via Seatsmatch, the commission is 10% of the rent for the first 12 months. No further commission applies after 12 months.
5.3 Due Date of Brokerage Fee
The commission is due within 10 days after the end of the month. In case of late payment, a reminder fee of EUR 15 may be charged.
5.4 Existing Contact with Tenants
If the host was already in contact with a tenant before the mediation by Seatsmatch, they must report this within five days of receiving the inquiry. If no notification is provided, the brokerage fee remains payable.
6. Listing Updates and Content
6.1 The host is obligated to regularly update their listings and offer only available spaces.
6.2 Seatsmatch reserves the right to optimize listings, remove incomplete or inappropriate content, or adjust formatting.
7. Liability and Warranty
7.1 Disclaimer by Seatsmatch
Seatsmatch is not liable for the quality or availability of rental properties or for contractual breaches by tenants or hosts. The maximum liability of Seatsmatch is limited to the brokerage fee paid by the host.
7.2 Host's Liability
The host is fully responsible for the accuracy and legality of their listings. If a third party asserts claims due to copyright infringements or false information, the host is liable for all resulting damages.
8. Contract Duration and Termination
8.1 Contract Duration
This agreement has no fixed term and remains active as long as the host publishes listings on Seatsmatch.
8.2 Termination
Either party may terminate the contract in writing with one day's notice. Any accrued brokerage fees remain payable after termination.
9. Changes to the GTC
Seatsmatch reserves the right to amend these GTC at any time. Users will be informed of changes in advance and have the opportunity to object to the new terms.
10. Governing Law and Jurisdiction
Austrian law applies. The place of jurisdiction is Vienna, Austria, unless mandatory legal provisions dictate otherwise.
11. Uploaded Content (Images & Texts)
11.1 All images, texts, and other content uploaded by users on Seatsmatch must be free of third-party rights or used with the explicit permission of the rights holder.
11.2 The user guarantees that they possess all necessary rights for the use and publication of the uploaded material and that no copyrights, trademarks, or other protective rights are violated.
11.3 Seatsmatch is granted a non-exclusive, worldwide right to use uploaded content for display on the platform as well as for marketing and promotional purposes. This right of use remains in effect even after a listing is deleted or the contractual relationship ends.
11.4 If claims by third parties arise due to the use of uploaded content, the user shall indemnify and hold Seatsmatch harmless from all resulting claims and damages.
11.5 Seatsmatch reserves the right to review and remove content without providing a reason, especially if it violates legal regulations, these Terms and Conditions, or the general guidelines of the platform.
12. Severability Clause
If any provision of these GTC is found to be wholly or partially invalid, the validity of the remaining provisions remains unaffected. The parties agree to replace an invalid provision with a regulation that most closely aligns with the economic purpose of the original provision.
Last Update:Vienna, January 31, 2025