GENERAL TERMS AND CONDITIONS
I. General
These General Terms and Conditions of Business (“GTC”) take into account, in particular, the provisions of the Ordinance of the Federal Minister for Economic Affairs on the Rules of Professional Conduct and Practicefor Real Estate Agents (“IMV”), Federal Law Gazette No. 297/1996, as amended, and the Real Estate Agents Act, Federal Law Gazette No. 262/1996, as amended.
These GTC form an integral part of the contract concluded between SRVG vier Beteiligungs GmbH (FN 568125 d) and the Principal and shall be deemed to be agreed within the meaning of the aforementioned legal basis. Insofar as the following GTC conflict with provisions of the IMV and the Brokerage Act, the GTC shall take precedence over these provisions, insofar as these are not mandatory statutory provisions.
II. Offers
Our offers are subject to change and non-binding. We expressly reserve the right of interim exploitation (sale, letting, leasing, etc.) of our offers by SRVG vier Beteiligungs GmbH or by third parties. If the recipient, client is already aware of an object offered by us as being saleable or rentable (“exploitable”), this must be communicated to us immediately in a comprehensible manner. Any breach of these provisions shall give rise to the obligation to pay commission in the event of a contract being concluded for the offered property.
III. Property-specific information
All information is given to the best of our knowledge and belief, with the care of a prudent businessman. We do not assumeany liability for the correctness of all information, e.g. about size, income, location and condition of a property, which is based exclusively on information provided by the person entitled to dispose of the property or which results from an expert’s report. The plan sketches prepared by us for property presentations, sales activities, etc. are based on templates (building plans, inventory plans, etc.) or on a schematic representation and no guarantee is assumed for the accuracy of the scale or the conformity with the natural dimensions. The broker shall only be liable to consumers, irrespective of the legal grounds, in the case of intent and gross negligence; in the case of entrepreneurs, however, only in the case of intent and gross negligence. Liabilityfor slight negligence is excluded. Furthermore, we do not accept any liability for printing errors in print media or for typing and transmission errors on the Internet or online.
IV. Sales documents
Reproduction and distribution of the sales documents provided by us (exposé, plan sketches, etc.) for commercial purposes is not permitted. This provision also applies to the sales documents made available on the Internet.
V. Broker’s commission
Pursuant to § 7 of the Austrian Brokerage Act (MaklerG), the claim to brokerage commission arises with the legal validity (i.e. the agreement of will between the contracting parties or a possible
occurrence of a condition) with regard to the brokered transaction. In the case of a condition precedent, the claim to commission also exists if the conditional contract is dissolved before the condition occurs, but the condition would have occurred without premature dissolution. The obligation to pay commission arises after the brokered business partner has been named, irrespective of whether the brokered transaction was concluded with or without the intervention of the broker and irrespective of when it was concluded. The provisions of the Brokerage Ordinance of the Brokerage Act shall apply, in particular the provisions of §§6 para. 4, 7 para. 1, 10 and 15 (1996 as amended).
The full claim to brokerage commission shall also arise,
- if the contract is concluded on other terms and conditions which deviate from the offer,
- if the contract for another property is concluded with thecontracting party brokered by the broker,
- if the brokered transaction is other than a transaction of equivalent purpose and the brokerage of the transaction falls within the scope of the broker’s activities pursuant to § 15 para. 1 no. 2 MaklerG,
- if and to the extent that a contract concerning a transaction brokered by the broker is extended or supplemented by contracts that are temporally and economically related, of the extent of the extension or supplement.
Expenses due to additional orders placed by the client are to be remunerated separately and even if the intended legal transaction is not concluded. The commission is subject to statutory value added tax and is due for payment immediately upon receipt of the invoice. In the event of default in payment, the broker shall be entitled, after a single reminder, to charge the statutory interest on the gross amount due, i.e. 4% for consumers and 9.2% above the respective base interest rate pursuant to § 456 of the Austrian Commercial Code (UGB) for entrepreneurs.
If a contract is brokered by which the client or the brokered third party is granted the temporary right to bring about the relevant transaction by means of a unilateral declaration (option contract), 50 percent of the commission agreed for the brokerage of the main transaction shall be paid upon conclusion of the option contract. The remaining 50 per cent shall then become due when the option right is exercised by the entitled party.
VI. Miscellaneous
Any disclosure of the properties offered by us or of the interested parties named by us to third parties shall require our prior consent and shall not affect the claim to commission. In the event of non-compliance, we refer to the provisions of the Brokerage Act and the Real Estate Brokerage Ordinance 1996 as amended.
SRVG vier Beteiligungs GmbH reserves the right to use the services of another brokerage firm for the purpose of initiating the legal transaction to be brokered if this appears expedient in order to increase the chances of brokerage; neither the client nor the third party referred shall incur any additional costs as a result. A liability to pay compensation for any damage to property whatsoever which occurs during an inspection of properties offered by us to the client or interested party, as well as to those persons who, with the consent of the client or interested party, take part in an inspection of properties offered by us, is expressly excluded. The only exception to this is the occurrence of damage caused by intentional or grossly negligent behaviour on the part of a person who conducts the viewing of an object with our consent. We are not liable for indirect damage, consequential
damage, consequential harm caused by a defect, further damage, loss of profit, pure financial loss, loss of interest and damage from third party claims. We are only liable for personal injury within the scope of the statutory provisions.
Please note: EU consumer directives require an express written request by e-mail from you that you wish to make use of our services (such as an appointment to view the property, including the exact address).
When entering into business relations of any kind, these terms and conditions are accepted as the basis.
Amendments and supplements to the contract must be made in writing; thisalso applies to any waiver of this formal requirement.
The place of performance shall be Vienna. For any disputes arising from the contractual relationship, it is agreed that Vienna shall be the exclusive place of jurisdiction.
The provisions of § 14 KSchG shall otherwise remain unaffected.