General Terms and Conditions of Steinbauer Immobilien GmbH, Bierstadter Straße 7, 65189 Wiesbaden, Germany
1. We, Steinbauer Immobilien GmbH, will hereinafter be referred to as “Steinbauer Immo-bilien” and the contracting party will be referred to as “Client” as part of these General Terms and Conditions.
2. Unless expressly agreed otherwise, these General Terms and Conditions will be valid for all of our offers and contracts. They are an integral part of the respective contract. Deviating general terms and conditions of the Client shall not be acknowledged, even if we do not explicitly object to them. Deviating terms and conditions of the Client shall only be valid, if they have explicitly been confirmed by us.
3. These General Terms and Conditions shall also be valid in their respective latest ver-sion for all future business relationships, without them needing to explicitly agreed or repeated again.
1. Our offers will be issued to the best of our knowledge and belief.
2. They are subject to confirmation and without any obligation.
1. All of the information and documentation issued by us, whether in written form, verbal, electronic or automated or other form, are only intended for the Client and must be treated confidentially and not disclosed to third parties.
2. If a contract or other remunerated services arise from unauthorised disclosure of this information or documentation to third parties, regardless of between whom and of which type, the Client shall pay the agreed commission in the full amount or a deficien-cy payment or compensation to Steinbauer Immobilien.
IV. Liability disclaimer – ban on disclosure to third parties
1. Steinbauer Immobilien only has unreserved liability for damages, which a legal repre-sentative, employee or legal agent of Steinbauer Immobilien has caused with malicious intent or gross negligence.
2. Ceteris paribus, the liability of Steinbauer Immobilien for damages, which Steinbauer Immobilien, its legal representatives, employees and legal agents cause, regardless of the legal grounds, is limited to a total of € 250,000.00, unless agreed otherwise be-tween the parties.
3. Insofar as claims for damages are excluded or limited against Steinbauer Immobilien, this also applies with respect to the personal liability of the legal representatives and employees of Steinbauer Immobilien.
4. Liability for lost profit is excluded.
5. The aforementioned liability disclaimers and limitations of liability do not apply to dam-ages from injury to life, limb or health.
V. Limitations of liability – synopses
1. The synopses will be prepared by Steinbauer Immobilien on the basis of the infor-mation from the respective owner and based on the information and sources, which Steinbauer Immobilien regards as being reliable, but accepts no guarantee for their precision, topicality, completeness and completeness.
2. The property description in the synopsis is prepared exclusively for information pur-poses, in order to present the sales/rental property and explain it in further detail. It should only serve as a decision-making aid for the recipient, whether he has a funda-mental interest in the property and intends to start with a thorough examination. There-fore, our synopsis does not form a basis for the positive investment decisions or the decision about acquiring rights to or renting a property. It does not replace the neces-sary examination of the facts and assessments contained therein by a recipient per-sonally, which is the basis of a purchase or rental decision. Therefore, claims, regard-less of the type, particularly for damages or disclosure of information, due to incom-plete or inaccurate details from the provision of this synopsis, are without grounds.
3. The synopsis also contains no assurances or guarantees, on which a liability could be based. The same applies to other information in relation to this synopsis, which is pro-vided to the recipient verbally or in written form.
1. If the Client has received a synopsis from Steinbauer Immobilien regarding a specific property or space, Steinbauer Immobilien will offer him to conclude a brokerage con-tract subject to the following terms and conditions.
2. To verify the opportunity to conclude or procure a rental, purchase, lease, company shareholding or leasehold contract and economically equivalent contracts (hereinafter respectively also referred to as “Main Contract”) regarding the respective property or space presented in the synopsis (hereinafter “Broker Service”), a commission shall be earned and payable upon conclusion of the Main Contract. The amount of the com-mission arises from the respective synopsis or contract. This shall only not apply, if it is explicitly pointed out in the covering letter or synopsis that the verification or pro-curement service is performed commission-free for the respective property.
3. The commission is also due, if not the Client, but a third party, who is in a legal rela-tionship with the Client, concludes the Main Contract, if this brokerage service has been procured by the Client to this third party.
4. Upon conclusion of a Main Contract, the Client will immediately provide Steinbauer Im-mobilien with copies of the relevant pages of the signed Main Contract for the meas-urement of the aforementioned commission.
5. A commission will also fall due if additional spaces are rented in the property within 12 months after the start of the rental contract. In this respect, the commissions shown in the synopsis or agreed in the contract shall apply.
VII. Notification of prior knowledge
If the Client already knows the potential contracting party, he undertakes to notify us of this within 7 days in written form. Irrespective of prior knowledge regarding the poten-tial contracting party, Steinbauer Immobilien is entitled to the commission, if Steinbauer Immobilien makes a causal contribution to the conclusion of the Main Contract.
VIII. Press releases / publications
1. If the Client issues a press release and/or other publication as part of the transaction, which has occurred, he will name Steinbauer Immobilien in it as the transaction advi-sor. If the transaction occurs on the basis of marketing the property via an online plat-form of Steinbauer Immobilien, the Client will additionally refer to this.
2. In the event that the Client’s main contracting party issues such a press release or other publication, the Client will work towards naming Steinbauer Immobilien as the transaction advisor and in the event of marketing via an online platform, additionally naming this platform. Otherwise, Steinbauer Immobilien will be entitled to its own publi-cation.
IX. Marketing of properties on the online platforms www.steinbauer.de and/or www.steinbauerimmobilien.de
1. Steinbauer Immobilien is entitled to market the Client’s properties on the websites op-erated by Steinbauer Immobilien, www.steinbauer.de or www.steinbauerimmobilien.de, using the documentation and information about the properties provided by the Client (including a virtual tour etc.). Steinbauer Immobilien does not check the documentation for accuracy and completeness. The accuracy and completeness of the documenta-tion and information exclusively falls within the Client’s area of responsibility. The Client shall indemnify Steinbauer Immobilien for all claims by third parties, who assert these against Steinbauer Immobilien due to possible false information or the infringement of third-party rights in conjunction with the publication of the information and documenta-tion sent to them.
2. The Client undertakes to inform Steinbauer Immobilien immediately about all changes that have occurred with the property.
X. Legally required information about the property
1. The Client undertakes to provide Steinbauer Immobilien with all of the legally required information for marketing the property in good time.
2. If the Client withholds legally required information from Steinbauer Immobilien and Steinbauer Immobilien is claimed upon by third parties on the basis of this or if fees or other costs are imposed on Steinbauer Immobilien on the basis of this, the Client shall indemnify Steinbauer Immobilien for all claims, costs and fees.
XI. Online dispute settlement
1. If the Client has concluded a contract with Steinbauer Immobilien online or using an-other electronic method, in the event of a dispute, he can address his complaint via e-mail to firstname.lastname@example.org.
2. Irrespective of this, the Client shall have the opportunity to use a Europe-wide online platform for out-of-court dispute settlement. The dispute settlement platform can be reached via http://ec.europa.eu/consumers/odr.
XII. Relevant version/applicable law/legal jurisdiction/miscellaneous
1. The Client will basically receive these General Terms and Conditions in German lan-guage, but are also available in English language. The English version is only for read-ing purposes. In the event of discrepancies between the German and English version, the German version is relevant and solely legally binding.
2. German law applies exclusively, to the exclusion of the UN Sales Convention.
3. If the Client is a trader within the meaning of the Section 14 BGB [German Civil Code], a public-law legal entity or a special public-law fund, the exclusive legal jurisdiction for all disputes arising directly or indirectly from the contractual relationship is the Wiesba-den Regional Court. However, Steinbauer Immobilien is entitled to file legal action at the general legal jurisdiction of the Client in all cases.
Date: October 2019