GENERAL TERMS AND CONDITIONS
FOR REAL ESTATE AGENCY AGREEMENTS
of Regenbogen Real Estate GmbH, hereinafter referred to as “RRE”,
I. Real estate agency agreement
If you have received property details from RRE in respect of a specific property or commercial space, RRE offers to enter into a real estate agency agreement with you on the following terms.
For identifying the opportunity to enter into or brokering a lease or a tenancy, purchase, share purchase or heritable building right agreement or financially equivalent agreement (hereinafter referred to as “Main Agreement”) relating to the property or commercial space presented in the respective property details (hereinafter referred to as “Agent’s Services”) a commission shall be due and payable on conclusion of the Main Agreement. The amount of the commission is determined in the property details or contract. The only case in which this shall not apply is if our letter or the property details indicate that the identification or brokering service regarding the object in question shall be commission-free. A commission shall also be due and payable even if the Main Agreement is concluded by a third party affiliated to you, providing that you passed our brokerage services to that third party. Upon conclusion of a Main Agreement you will immediately provide RRE with copies of the pages of the signed Main Agreement, which are relevant for the calculation of the aforementioned commission.
III. Notification of prior knowledge
If you already know the potential contractual partner, you are obliged to notify us of this in writing within seven days. Notwithstanding any prior knowledge of the potential contractual partner, RRE is entitled to the commission if RRE contributes causally to the conclusion of the Main Agreement.
IV. Confidentiality of the property details and data supplied – consequences of non-compliance
The property details supplied and all other information you receive from RRE in connection with the real estate agency agreement are protected by law. The information supplied by us must not be passed onto third parties. If an unauthorized passing on of such information, in particular the property details or the name or contact details of the contractual partner identified or brokered for you, results in a Main Agreement with the third party being concluded, you shall owe to RRE a commission in the amount that would have been payable had RRE identified or brokered the third party in accordance with the provisions of this agreement.
V. Limitation of liability– prohibition on passing on to third parties
RRE assumes unlimited liability – irrespective of the legal reason – only for damage resulting from willful or grossly negligent conduct caused by a legal representative, employee or vicarious agent of RRE. Otherwise, REE’s liability for damage caused by RRE, its legal representatives, employees and vicarious agents – irrespective of the legal reason – shall be limited to an aggregate sum of 50,000– €, unless agreed otherwise by the parties.
Any liability for loss of profits shall be excluded.
If compensatory damage claims against RRE are excluded or limited, this shall also apply with regard to the personal liability of RRE’s legal representatives and employees.
The aforementioned exclusions and limitations of liability shall not apply to damages arising from injury to life, limb or health.
The property details are produced by RRE on the basis of information provided by the owner and are based on information and sources that RRE considers to be reliable, but RRE accepts no liability for their correctness, topicality, completeness and accuracy.
The description of the property in the property details is produced entirely by way of information for purposes of presenting and describing the property for sale or rent in more detail. The property details are only intended to serve the recipient as an aid to decision-making in respect of whether they have any interest in the property and want to commence their own detailed inspection. The property details therefore do not serve as the basis for a positive decision to invest or the decision to acquire rights in or to lease the property. They are no substitute for a need on the part of the recipient to conduct their own review on the facts and assessments contained therein, on which a decision to buy or rent may be based. For this reason the provision of these property details shall not give rise to any claims, in particular for damages or disclosure of information due to incomplete or incorrect information.
The property details also do not contain any representations or guarantees on which liability could be based. The same applies to other information in connection with these property details that is communicated to the recipient verbally or in writing.
The property details are for the exclusive use of the recipient for the aforementioned purposes. They may not be passed on to third parties without the consent of RRE. Publication or re-production, whether in whole or in part, is not permitted.
You agree to indemnify RRE against any third party claims against RRE as a result of a publication of incorrect information or due to infringement of intellectual property rights in the context of information provided by you.
VI. Intermediaries and joint transactions
RRE is entitled to instruct further persons and to pass on part of the commission to these persons or pay such to these person in advance. Upon demand RRE will disclose to whom and in what amount such payments will be made or have been made.
VII. Press Statements/Publication
If you release a press statement and/or make any other publication relating to the accomplished transaction, you will mention RRE as transaction consultant therein. In addition you will mention RRE´s online platform in case the transaction is accomplished via this platform. Where a press statement and/or other publication is released by your contractual partner you will ensure that RRE is mentioned as transaction consultant. Additionally you will ensure that RRE´s online platform is mentioned in case the transaction is accomplished via this platform.
Where neither you or your contractual partner releases a press statement and/or makes any other publication or should a press statement and/or other publication have been released without naming RRE as transaction consultant, RRE shall be authorized to release an own press statement or make another publication.
VIII. Marketing activities via Regengoben-immo.de (online platform for commercial properties)
Should you have agreed to market your property regenbogen-immo.de RRE is entitled to use all property information provided by you within this online platform. RRE will not check whether the information provided by you is accurate and complete. You remain responsible for the accuracy and completeness of submitted information. You agree to indemnify RRE against any third party claims against RRE as a result of a publication of incorrect information or due to infringement of intellectual property rights in the context of information provided by you.
Based on the information provided by you RRE will create and place an advertisement of the property within the online platform.
In case the property details change you are obliged to inform RRE immediately.
RRE is legally obliged to undertake an Anti-Money-Laundering Check. You are obliged to provide us with the necessary information and documents required by law and to give promptly written notice about changes therein.
X. Property Information required by law
You are obliged to provide RRE in a timely fashion with all property information for marketing purposes that is required by law.
Where you do not provide RRE with the required information according to clause a. you will indemnify RRE against any third party claims and costs brought against RRE for not providing the required information.
XI. Online Dispute Resolution
If you have concluded an agreement with RRE as consumer online or by other electronic means, you can address a complaint via e-mail to email@example.com in case of a dispute. Irrespective thereof, you have the possibility to use the EU Online Dispute Resolution Platform which is accessible via http://ec.europa.eu/consumers/odr.
XII. Applicable version/Applicable law/Place of jurisdiction
You have received these general terms and conditions in German and English. The English version is a convenience translation only. In the event of any inconsistency between the German and the English version the German version shall prevail and only this one shall be legally binding. This real estate agency agreement is governed by German law. The place of jurisdiction is a consequence of the registered seat of the contracting branch of RRE or the registered seat of the obligor.