GTCs

Last updated: 22nd of April, 2024

§1 Subject matter of the contract and services
  1. Hanseatic Properties ELB GmbH, hereinafter referred to as the “Contractor”, provides property management services. The subject matter of the contract includes in particular the management of rented flats, the management of condominium owners’ associations (WEG) and the provision of real estate brokerage services.
  2. The exact services and obligations arise from the agreements concluded between the contracting parties in individual cases, in particular from individual orders or service contracts.
  3. The Contractor undertakes to perform the agreed services conscientiously and professionally. Changes or extensions to the services require agreement in text form between the contracting parties.
  4. The Contractor reserves the right to make adjustments and changes to the services offered within the scope of technical and legal requirements, provided that this does not impair the main services owed under the contract.
§2 Contract term and cancellation
  1. The contract is concluded for an indefinite period, unless a different contract term has been expressly agreed in text form.
  2. Both contracting parties have the right to terminate the contract without notice for good cause. Good cause shall be deemed to exist in particular if a contracting party breaches material contractual obligations or if the economic basis of the contract is permanently disrupted.
  3. Cancellations must be made in text form to be effective.
  4. Upon termination of the contract, for whatever reason, the Contractor is obliged to return all documents, information and assets entrusted to it to the Client and to destroy any copies made.
  5. Statutory cancellation rights and periods remain unaffected, particularly in the case of contracts with consumers.
§3 Fee and terms of payment
  1. The client is obliged to pay the agreed fee to the contractor for the provision of the agreed services.
  2. The fee shall be calculated in accordance with the individual agreements between the contracting parties or in accordance with the Contractor’s price list valid at the time the service is provided.
  3. Payment of the fee shall be made within 14 days of invoicing to the bank account specified by the contractor.
  4. In the event of late payment, the Contractor shall be entitled to charge interest on arrears at the statutory rate.
  5. All payments are to be made in the agreed currency, unless otherwise agreed in text form.
  6. The Contractor shall be entitled to suspend the provision of further services until outstanding claims have been settled.
  7. All prices quoted are subject to statutory value added tax.
§4 Commission claim
  1. The Agent’s claim to commission arises and becomes due as soon as an effective main contract for the brokered property (rental or purchase) is concluded between the Client and a third party as a result of the Agent’s brokerage or proof thereof.
  2. The amount of commission and the terms of payment are set out in the individual commission agreement between the contractor and the client.
  3. The commission claim shall not lapse if the main contract is subsequently cancelled or rescinded. In this case, the Contractor shall retain its commission claim.
  4. The commission claim is due upon signing of the main contract between the contracting parties and must be settled within an agreed payment period, if any.
  5. The entitlement to commission exists both for the brokerage and for the proof of opportunities to conclude main contracts.
§5 Reimbursement of expenses in the event of unsuccessful mediation
  1. If the main contract (purchase or rental contract) for the brokered property is not successfully concluded and this is not due to gross negligence or wilful misconduct on the part of the Agent, the Client undertakes to bear certain expenses incurred by the Agent.
  2. Reimbursable expenses include in particular
    a) Travelling expenses
    b) Telephone charges
    c) Costs for the creation and dispatch of exposés (including postage)
    d) Costs for the production of copies, such as planning documents
    e) Costs for ad placement and advertising
    f) Costs for billboards
    g) Other fees in connection with property brokerage, such as for the land register extract.
  3. The Contractor shall provide the Client with a detailed list of the expenses incurred.
  4. The reimbursement of expenses must be paid within an agreed payment period, if available.
  5. The Contractor reserves the right to limit the reimbursement of expenses in individual cases or to waive certain expenses.
§6 Dual activity of the broker
  1. The contractor reserves the right to act as broker for the seller as well as for the buyer or landlord and tenant, unless expressly agreed otherwise.
  2. In the event of duplication, the Contractor shall inform all parties involved of the duplication and ensure that all interests are adequately taken into account.
  3. Activity as an intermediary broker is excluded from this provision. In such cases, the Contractor shall act exclusively in the interests of one of the contracting parties and inform the other party accordingly.
  4. The Contractor accepts no liability for any conflicts of interest resulting from its dual activity, except in cases of gross negligence or wilful misconduct.
§7 Mutual obligations and co-operation
  1. The parties undertake to co-operate to the best of their ability in order to ensure a smooth mediation process.
  2. The client undertakes to provide all relevant information about the property to be brokered that is necessary for successful brokerage. This includes, but is not limited to, all relevant documents, floor plans, proof of ownership and other information important for marketing.
  3. The Contractor shall endeavour to make every effort to find potential buyers or tenants and to expedite the brokerage process.
  4. Both parties are obliged to inform each other immediately of any relevant developments that could influence the mediation process.
  5. The parties undertake to provide all necessary information and experience required for the successful conclusion of the main contract.
  6. In the event of changes that could influence the mediation process, the parties will inform each other immediately and seek solutions together.
§8 Exclusion of liability
  1. The Contractor shall only be liable for damage caused wilfully or through gross negligence by it, its legal representatives or vicarious agents.
  2. Liability for slightly negligent breaches of insignificant contractual obligations is excluded.
  3. The above exclusions of liability shall not apply in the event of injury to life, limb or health or in the event of mandatory statutory provisions.
  4. The Contractor shall only be liable for indirect damages, in particular loss of profit, business interruption or loss of data, in the event of intent or gross negligence.
  5. Liability under the Product Liability Act remains unaffected.
  6. Liability shall be limited to the foreseeable damage typical for the contract, unless the damage was caused intentionally.
  7. The Client is obliged to notify the Contractor in writing of any damage immediately after becoming aware of it, otherwise liability shall lapse.
  8. Any liability of the Contractor for acts of co-operation by the Client is excluded.
§9 Data protection
  1. The contracting parties undertake to comply with the applicable data protection regulations, in particular the General Data Protection Regulation (GDPR) and the Federal Data Protection Act (BDSG).
  2. The Contractor is authorised to collect, store and process the Client’s personal data required for the performance of the contract. The exact modalities for this are set out in the Contractor’s privacy policy, which is made available to the Client.
  3. The contractor shall take appropriate technical and organisational measures to ensure the security of the processed data and to prevent unauthorised access.
  4. The contracting parties undertake to treat as confidential all information that becomes known in the course of executing the contract, in particular business secrets and personal data.
  5. Changes to the data protection provisions require agreement in text form between the contracting parties.
  6. The client has the right to receive information about the personal data stored about him and can request the correction, deletion or blocking of this data within the framework of the statutory provisions.
§10 Cancellation policy for consumers only
  1. A consumer within the meaning of this regulation is any natural person who concludes a legal transaction for purposes that cannot be attributed primarily to their commercial or independent professional activity.
  2. Right of cancellation: You have the right to cancel this contract within fourteen days without giving any reason.
  3. The cancellation period is fourteen days from the day the contract is concluded.
  4. To exercise the right to cancel, you must inform the contractor (Hanseatic Properties ELB GmbH, An der Alster 6, 20099 Hamburg) of your decision to cancel this contract by a clear statement (e.g. a letter sent by post or e-mail).
  5. To meet the cancellation deadline, it is sufficient for you to send your notification of exercising your right of cancellation before the cancellation period expires.
  6. Consequences of cancellation: If you cancel this contract, we shall reimburse to you all payments received from you without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to cancel this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees for this repayment.
§11 Compensation in the event of cancellation
  1. In the event of cancellation of the contract by the client in accordance with the statutory cancellation provisions within the cancellation period, the contractor reserves the right to demand appropriate compensation for the value of the services provided up to the time of cancellation.
  2. Compensation can be claimed in particular for services already rendered, such as consultancy services, viewings or other brokerage activities, as well as for expenses incurred, such as the costs of preparing an exposé, advertising measures or administrative expenses.
  3. The amount of compensation shall be based on the actual costs incurred and the services already rendered at the time of cancellation. The Contractor shall provide the Client with a detailed list of the costs incurred and services rendered.
  4. The assertion of a claim for compensation for lost value is in accordance with the statutory provisions and does not involve any additional costs or fees over and above the statutory regulations.
  5. Amendments or additions to this clause must be made in text form.
§12 Warranty and liability for defects
  1. The Contractor warrants that the services provided fulfil the agreed specifications and are free from material defects at the time of handover.
  2. The Client is obliged to inspect the services provided for defects immediately upon receipt and to notify the Contractor of any defects in text form.
  3. In the event of justified complaints, the Contractor shall have the right to rectify or replace the defective services. If the rectification or replacement fails, the client may demand an appropriate reduction in the fee or, in the case of significant defects, withdraw from the contract.
  4. The warranty period corresponds to the legally prescribed minimum warranty obligation from the provision of the service. Any warranty provisions that go beyond this, in particular those that go beyond the statutory provisions, are invalid. The statutory warranty obligation remains unaffected by this.
  5. The warranty does not cover defects caused by improper use, non-compliance with the contractor’s instructions or external influences.
  6. The statutory warranty provisions apply to consumers.
  7. Claims for damages by the Client against the Contractor, irrespective of the legal grounds, shall lapse at the latest three years after fulfilment of the contract.
§13 Exclusion of liability for property details and floor plans
  1. The contractor accepts no liability for the accuracy and completeness of property details, in particular exposés, provided by authorised third parties, such as sellers or landlords. In such cases, the GmbH acts merely as an intermediary and does not check the accuracy of the information provided by third parties.
  2. No guarantee is given for the accuracy of the scale of floor plans and other visualised representations. Floor plans are only intended as a rough guide and may differ from the actual room layout. It is the client’s responsibility to check the exact dimensions on site.
  3. The Contractor’s liability shall be limited to the accuracy of plans, building specifications and other written agreements drawn up directly by the GmbH. This shall only apply to verbal promises or statements made by employees if this has been confirmed in writing.
  4. Any warranty claims of the client against the contractor are limited to direct agreements in the respective brokerage contract or written assurances.
  5. To the extent permitted by law, the contractor excludes any liability for indirect damages, consequential damages or loss of profit resulting from the use or non-use of the information provided.
  6. This limitation of liability shall not apply to damages resulting from injury to life, limb or health or in the event of wilful intent or gross negligence on the part of the Contractor.
§14 Subsidiary agreements
  1. Additional agreements, supplements or amendments to this contract must be made in text form in order to be effective.
  2. There are no verbal collateral agreements. Amendments or additions to the contract must be made in writing to be effective.
  3. Should individual provisions of this contract be invalid or unenforceable or become invalid or unenforceable after conclusion of the contract, this shall not affect the validity of the remainder of the contract. The invalid or unenforceable provision shall be replaced by a valid and enforceable provision whose effects come closest to the economic objective pursued by the contracting parties with the invalid or unenforceable provision. The above provisions shall apply accordingly in the event that the contract proves to be incomplete.
§15 Applicable law and place of jurisdiction
  1. This contract and all disputes arising from it shall be governed by the law of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).
  2. The place of jurisdiction for all disputes arising from this contract shall be the court with local jurisdiction for the registered office of the GmbH in Hamburg, provided that the client is a registered trader, a legal entity under public law or a special fund under public law or has no general place of jurisdiction in Germany.
  3. However, the Contractor shall also be entitled to take legal action against the Client at the Client’s general place of jurisdiction.
§16 Applicable law and language
  1. These General Terms and Conditions are provided in German and English. In the event of any ambiguities or contradictions between the German and English versions, the German GTCs shall prevail.
  2. The parties agree that in the event of disputes or questions of interpretation, the German GTCs shall form the basis for the interpretation of the contract.
§17 Amendment of the GTCs
  1. The Contractor reserves the right to amend these General Terms and Conditions at any time. The Client shall be notified of any changes in writing, by e-mail or by publication on the Contractor’s website.
  2. The client has the right to object to the amended General Terms and Conditions within a reasonable period of time. If no objection is made, the amended General Terms and Conditions shall be deemed accepted.
  3. In the event of an objection, the Contractor shall be entitled to terminate the contract with the Client.
  4. Amendments to the GTCs have no retroactive effect on contracts that have already been concluded, unless this has been expressly agreed.
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