GENERAL TERMS AND CONDITIONS OF INTERALPEN IMMOBILIEN GMBH
CONTENTS
1. Offers by the broker
2. Disclosure of data or information
3. Work for principals and clients
4. Information supplied by the principal/client (disclaimer)
5. Information obligations of the principal
6. Authorisations
7. Substitute transactions
8. Reimbursement of expenses
9. Limitation of liability
10. Limitation period
11. Place of jurisdiction
12. Obligation to include a brokerage clause
13. Data protection
14. Future amendments to the Terms and Conditions
15. Severability
16. Final provisions
INTRODUCTION
By issuing an instruction or making use of the above offer, the user of the brokerage services accepts the following terms. Use of the offer includes, for example, contacting us or the principal (owner) in relation to the property offered.
These Terms and Conditions of InterAlpen Immobilien GmbH apply whenever InterAlpen Immobilien GmbH accepts a service agreement or instruction. Such an agreement may be concluded with a principal, a client or another broker.
For the purposes of these Terms, the principal is the landlord/seller and/or owner who instructs the broker to find a tenant and/or buyer. The client is the prospective tenant and/or buyer of a property being brokered. The client remains a client within the contractual relationship even if independently instructing the broker to find a property to buy and/or rent. Other brokers are brokers who do not operate in the same company as the user of these Terms. A third party is anyone who is not a principal, client or other broker.
The main agreement for the purposes of these Terms is the agreement concluded between the principal and the client or a third party as a result of the broker’s activity. In particular, this is the purchase and/or rental agreement for a brokered property.
1. OFFERS BY THE BROKER
The broker’s offers are non-binding until an offer or transmitted information is used by the contracting party and do not create any obligation on the broker to act. Errors and prior sale remain reserved.
2. DISCLOSURE OF DATA OR INFORMATION
All information transmitted by the broker, including property particulars, is intended expressly for the principal and/or client. They may not pass property particulars or information to third parties without the broker’s prior express written consent.
If a principal and/or client breaches this obligation, the information is disclosed without authorisation. If a third party, or another person to whom that third party has passed the information, subsequently concludes the main agreement on the basis of that information, the relevant principal or client must pay the broker the agreed commission plus VAT. This obligation applies to the principal and/or client who passed on the information without the broker’s express consent.
3. WORK FOR PRINCIPALS AND CLIENTS
The broker may act for both the principal and the client.
4. INFORMATION SUPPLIED BY THE PRINCIPAL/CLIENT (DISCLAIMER)
The broker points out that the property information it passes on originates from the respective principal and/or client or from a third party instructed by them and has not been, and will not be, checked by the broker for accuracy or completeness. It is the responsibility of the parties to the main agreement to verify the accuracy of the information. The broker merely forwards the information and accepts no liability for its accuracy.
The broker is under no further duty to investigate or verify the information provided to it.
5. INFORMATION OBLIGATIONS OF THE PRINCIPAL
Before concluding the intended main agreement, the principal must ask the broker, providing the name and address of the prospective contracting party, whether that party was introduced as a result of the broker’s activities.
The principal also grants the broker a right to information. This right arises if a main agreement is concluded with a third party. At the broker’s request, the principal must declare and confirm that the third party did not approach the principal through documents prepared by the broker or through actions taken by the broker.
The principal must inform the broker of the date on which the main agreement is concluded. If this is not possible, the principal must notify the broker that the agreement has been concluded and provide a copy of the main agreement.
The principal must inform the broker in writing of any defects in the relevant property of which the principal is aware. If this does not occur, the broker will assume that the property is free from defects.
6. AUTHORISATIONS
The principal hereby authorises the broker to inspect the land register, official files, in particular building files, and to exercise all rights to information and inspection vis-à-vis the condominium administrator that the principal holds as an apartment owner. This authorisation expires when the commission is paid following conclusion of the main agreement. If the brokerage fails or the instruction ends and a later agreement concerning the property is concluded, the authorisation expires when the principal declares and confirms that the new contracting party is a third party within the meaning of these Terms.
The principal and/or client permits the broker to engage sub-brokers for support at its discretion where required. The broker bears any sub-broker costs unless otherwise agreed between the contracting parties.
7. SUBSTITUTE TRANSACTIONS
The broker is also entitled to remuneration from the principal and/or client at the separately agreed commission rates in the event of a substitute transaction. This occurs where, in connection with the broker’s activities, the principal and/or client learns from the prospective main contracting party introduced by the broker of another opportunity to conclude a main agreement. The opportunity introduced and any related main agreement also extend to the respective legal successor of the prospective main contracting parties. The remuneration claim also arises where a main agreement is concluded for a substitute property that is purchased instead of rented or leased, or vice versa.
For commission to become payable in a substitute transaction, the transaction subject to commission need not be economically equivalent to the transaction originally contemplated within the requirements developed by case law for the concept of economic identity.
8. REIMBURSEMENT OF EXPENSES
Where applicable, the client and/or principal must bear the documented expenses incurred by the broker in carrying out the instruction, for example advertisements, online presentation, telephone charges, postage, property viewings and travel costs. This obligation arises only if no main agreement is concluded and the broker asserts a claim for reimbursement of expenses.
9. LIMITATION OF LIABILITY
The broker’s liability for loss suffered by the contracting parties is excluded. This exclusion does not apply to loss arising from injury to life, body or health caused by a breach of duty by the user of these Terms. It also does not apply to other loss caused by a grossly negligent or intentional breach of duty by the user.
InterAlpen Immobilien GmbH is not liable for the creditworthiness of the contracting parties introduced or for the condition or quality of the property brokered. The content of information, data and documents submitted by the principal and used by the broker is likewise not checked by the broker. The broker merely facilitates or evidences contact between the contracting parties.
10. LIMITATION PERIOD
The limitation period for all claims for damages by the contracting parties against the broker is three years. It begins at the time prescribed by law.
11. PLACE OF JURISDICTION
If the broker and the principal/client are merchants within the meaning of the German Commercial Code, the broker’s registered office is agreed as the place of performance for all obligations and claims arising from the contractual relationship and as the place of jurisdiction.
12. OBLIGATION TO INCLUDE A BROKERAGE CLAUSE
The principal and the client undertake to state in the main agreement concluded between them that the agreement came about through InterAlpen Immobilien GmbH.
13. DATA PROTECTION
The principal and the client authorise the broker, within the scope of its business, to record, process and use the data and information transmitted to it in its electronic filing systems. The broker’s employees may also carry out this work. This use includes using, uploading and publishing the information on the company’s website. In particular, the principal and client are informed that property data may be accessed through a login area using a username and password.
14. FUTURE AMENDMENTS TO THE TERMS AND CONDITIONS
InterAlpen Immobilien GmbH reserves the right to amend these Terms and Conditions at any time by giving reasonable notice of at least six weeks. Notice will be given by publishing the amended Terms and Conditions, including the date on which they enter into force, on the websites of InterAlpen Immobilien GmbH. If the contracting party does not object to the amendments within six weeks after publication on the website, the amended Terms and Conditions will be deemed accepted. The notice of amendment will separately draw attention to the significance of the stated objection period. If the contracting party objects to the amended Terms and Conditions within the applicable period, InterAlpen Immobilien GmbH may, while taking the legitimate interests of the contracting party into account, terminate the existing agreement as of the date on which the amendment enters into force. The contracting party may not derive any claims against InterAlpen Immobilien GmbH from such termination.
15. SEVERABILITY
If one or more of the above provisions is invalid, this does not affect the remaining provisions. The same applies if one part of a provision is invalid while another part remains valid. The parties shall replace the invalid provision with a provision that comes closest to their economic interests and otherwise does not conflict with the contractual arrangements.
16. FINAL PROVISIONS
Disputes between the principal, the client, other brokers and InterAlpen Immobilien GmbH are governed exclusively by German law, excluding all substantive and procedural conflict-of-law rules that refer to another legal system.
Collateral agreements, amendments or additions concerning matters governed by these Terms must be made in writing to be effective. Any waiver of the written-form requirement must likewise be made in writing.