General Terms and Conditions
1 General / Scope
The business relationship between RheinReal and the Client shall be governed exclusively by the following General Terms and Conditions (GTC) in the version valid at the time of conclusion of the contract.
1.2. Deviating terms and conditions of the customer or third parties shall not be recognised unless RheinReal expressly agrees to their validity.
1.3. Declarations by RheinReal shall not be deemed to constitute a guarantee without a separate written agreement.
1.4. “Entrepreneurs” within the meaning of the GTC are natural or legal persons or partnerships with legal capacity who, at the time of the establishment of the business relationship, are acting in the exercise of a commercial or independent professional activity.
1.5. “Consumers” within the meaning of the GTC are natural persons without a commercial or self-employed activity being attributable to them.
1.6. “Clients” within the meaning of the GTC are both consumers and entrepreneurs.
2. object of performance
2.1. The object of RheinReal’s services is – depending on the assignment – to provide evidence of the opportunity to conclude a contract and/or to broker a contract (hereinafter referred to as the main contract) for developed and undeveloped real estate, in particular industrial and commercial properties, investment properties, residential buildings, agricultural and forestry properties as well as for residential and commercial premises, in particular office floors, shops, companies, participations in companies (hereinafter referred to as the contract property). RheinReal’s activities extend to the provision of evidence and/or the brokerage of the acquisition, sale, leasing and other utilisation of the specified contract properties; furthermore, the provision of financing of any kind, capital investments and tax-privileged investment holdings.
2.2. In addition, RheinReal offers the reservation of contractual properties for sale / rent under independent reservation agreements.
2.3. RheinReal is not obliged to inspect contractual properties or to make other enquiries. Details and information on contractual properties are details provided by the respective property provider (third party) which RheinReal merely passes on. There is no obligation to check this information unless otherwise agreed.
2.4. RheinReal does not provide any investment advice.
3. offers
3.1. Offers by RheinReal are non-binding and subject to change; errors and intermediate use are expressly reserved.
3.2. Offers are intended exclusively for the recipient and are to be treated confidentially by the recipient unless RheinReal expressly consents to their being passed on to third parties.
3.3. RheinReal is also entitled to submit offers and information to third parties.
3.4. Ancillary agreements to written offers must be made in text form in order to be valid.
4. commissions/reimbursement of expenses/terms of remuneration
4.1. Commissions
4.1.1. Purchase and sale
As remuneration (“commission”), RheinReal shall charge the buyer and the seller 5.95% incl. VAT (5% plus VAT) of the notarised total purchase price, including all ancillary agreements in connection with the acquisition, for the brokerage and proof of a purchase or other acquisition agreement, unless otherwise agreed. In the case of purchase and sale on an annuity basis, the purchase price shall be the cash price plus the capitalised annuity interest (capital cash value of the annuity). The same applies to accessories, fixtures and / or furniture sold on the occasion of the contract.
4.1.2. Order/transfer of heritable building right
In the case of the purchase and transfer of heritable building rights, the commission shall amount to 5.95% incl. VAT (5% plus VAT) of the purchase price. If this has not been agreed, the 25-fold annual ground rent shall be paid instead.
4.1.3. A commission of 5.95 % incl. VAT (5 % plus VAT) of the purchase price shall be charged for the brokerage or proof of the opportunity to conclude a pre-emptive or purchase right when exercising the right to buy/sell, unless otherwise agreed.
4.1.4. Commercial rental, lease and use agreements
For the brokerage of commercial tenancy agreements, leases and comparable contracts of use or proof of the opportunity to conclude such agreements, the tenant, lessee or authorised user shall pay a commission of 3.57 monthly net rents including VAT (3 monthly net rents plus VAT) for contracts with a term of up to 5 years. For contracts with a term of more than 5 years, the commission is 4.76 months’ net rent including VAT (4 months’ net rent plus VAT). Option rights are valid as an extension of the term to the extent of the right to extend the contract. If a graduated rent is agreed, the commission is calculated on the basis of the monthly average rent for the total term. Rent-free months shall not be taken into account. The aforementioned remunerations shall only apply unless otherwise agreed.
4.1.5. replacement and follow-up business
RheinReal shall also be entitled to a commission in accordance with sections 4.1.1. to 4.1.5. if an economically identical or similar transaction is concluded. If, after conclusion of the main contract caused by the broker, one or more further contracts (follow-up transactions) are concluded, the same shall apply.
4.1.6. Obligation to pay commission in the event of unauthorised disclosure of offers
If the client passes on offers from RheinReal to third parties without authorisation and these conclude the purchase, acquisition or lease agreement, RheinReal is entitled to a commission against the client in accordance with the provisions in sections 4.1.1.-4.1.4. of these GTC. The same shall apply if the offeree, as the legal or legal representative of a third party, acquires, purchases, rents or leases in his or her own name. Third parties include spouses and family members as well as legal entities represented by the offeree.
4.1.7. Reservierungen
Reservations are made on the basis of separate reservation contracts. For the reservation of a contractual property offered by RheinReal for sale or rent, the client shall therefore pay a non-performance-related commission of 1.19% incl. VAT (1% plus VAT) of the requested purchase price or 29.75% incl. VAT (25% plus VAT) of a monthly net rent. If the parties conclude a brokerage agreement in addition to the reservation agreement, the reservation commission shall be credited in the event that the main contract is concluded.
4.2. Reimbursement of expenses
In the event that the client abandons his intention to sell during the term of the order or makes RheinReal’s efforts sustainably more difficult or breaches his contractual obligations, the parties shall be deemed to have agreed on the reimbursement of expenses. To this end RheinReal shall be entitled to reimbursement of proven expenses arising directly from the processing of the order, in particular costs for advertisements, exposés, any entry costs on the internet and similar communication services. The costs for telephone, fax, postage are to be reimbursed at a flat rate of € 23.80 incl. VAT (€ 20.00 plus VAT). In addition, travel expenses shall be reimbursed as evidenced, in the case of use of a car € 0.37 per kilometre driven incl. VAT (€ 0.31 plus VAT). The reimbursement of expenses is limited to 10% of the expected commission and is due on the day the contract is terminated.
4.3. Remuneration conditions
4.3.1. All calculation bases for commissions (purchase prices, rents, etc.) are in euros including VAT.
4.3.2. The percentage commission rates are based on a currently applicable VAT rate of 19%. If the statutory VAT rate changes, the commission due from the time of the increase/decrease shall be increased or reduced by the corresponding percentage. This does not apply to commissions due within four months of the conclusion of the contract.
4.3.3. RheinReal shall be entitled to commission for brokering or providing evidence of the opportunity to conclude a principal contract after being commissioned to do so if and to the extent that a principal contract is concluded as a result of RheinReal’s activities, whereby contributory causation shall suffice. The commission shall become due immediately when the main contract becomes legally effective. The reversal, cancellation or termination of the main contract shall not affect the entitlement to commission unless the main contract is void from the outset.
4.3.4. A claim for commission within the meaning of Clause 4.1.3 (right of first refusal and right of purchase) shall become due immediately upon exercise of the respective right.
4.3.5. Non-performance-related reservation commissions in accordance with section 4.1.7. arise upon conclusion of the contract and are due immediately.
4.3.6. Invoices are payable within 14 days of issue.
4.3.7. If the Client is in default, the statutory default provisions shall apply.
5. Liability, limitation of liability
5.1. RheinReal shall be liable for damages or reimbursement of futile expenses without limitation
– in the event of intent or gross negligence,
– for injury to life, limb or health,
– in accordance with the provisions of the Product Liability Act and
– to the extent of any guarantee assumed by RheinReal
– in the case of claims due to the absence of warranted characteristics
– in the event of fraudulent intent on the part of RheinReal
The same shall apply in the event of default by RheinReal for claims to interest on arrears, to the lump sum for arrears pursuant to Section 288 (5) of the German Civil Code (BGB) and to compensation for the damage caused by default, which is justified in the costs of legal action.
5.2. In the event of a slightly negligent breach of an obligation which is essential for achieving the purpose of the contract (cardinal obligation), the liability of RheinReal shall be limited to the amount of the damage which is foreseeable and typical according to the nature of the transaction in question. The same shall apply in the event of default on the part of RheinReal or the impossibility of performance for which RheinReal is responsible.
5.3. RheinReal shall have no further liability.
5.4. In particular, RheinReal shall not be liable for property information, brochures and information passed on by RheinReal, nor for properties themselves or the creditworthiness of third parties. Liability pursuant to sections 5.1. and 5.2. of these GTC shall remain unaffected.
5.5. The above limitation of liability shall also apply to the personal liability of RheinReal’s employees, representatives and bodies.
6. obligations of the principal
6.1. The Customer shall be obliged to provide RheinReal with all information, data and powers of attorney required for the performance of the business relationship in full and without error. The client shall also be obliged to inform RheinReal without delay of the conclusion of contracts relevant to the business relationship and of the contracting parties and contractual conditions. This shall also apply after the end of the brokerage contract. Upon request, the client shall provide RheinReal with copies of the contracts.
6.2. If the customer has prior knowledge of the contractual object, the contractual partner and/or the availability (saleability/rentability) of the contractual object, he must inform RheinReal of this without delay.
6.3. If RheinReal has been awarded a sole contract, the Client is obliged not to instruct any other estate agents in addition to RheinReal during the term of the contract.
7. conciliation procedure
RheinReal is not obliged or prepared to conduct proceedings in accordance with the VSBG before a consumer arbitration board. However, the law on alternative dispute resolution in consumer matters (VSBG) requires that reference is nevertheless made to a consumer arbitration board responsible for the consumer:
Ombudsmann Immobilien IVD/VPD-Grunderwerb und Verwaltung
Littenstraße 10, 10179 Berlin, Tel: 030/27572611, Fax: 030/27572678, info@ombudsmann-immobilien.de
8. OS-Plattform
The European Commission provides a platform for online dispute resolution (ODR platform). You can reach this at www.ec.europa.eu/consumers/odr
The RheinReal e-mail address info@rheinreal.de
9. final provisions
9.1. If the Client is an entrepreneur, German law shall apply to the entire contractual relationship, subject to individual agreements to the contrary.
9.2. The contractual language is German.
9.3. The place of performance and jurisdiction shall be the registered office of RheinReal if the customer is a merchant and does not belong to the tradesmen described in Section 1 (2), second half-sentence of the German Commercial Code, the customer is a legal entity under public law or the customer has no general place of jurisdiction in Germany. However, RheinReal shall also be entitled to sue the contract partner at his general place of jurisdiction. This shall not apply if mandatory statutory provisions within the meaning of Articles 24, 25 or 26 of the EuGVVO as amended on 12 Dec. 2012 conflict with this.
9.4. Should a provision be wholly or partially invalid or later lose its legal validity, this shall not affect the validity of the remaining provisions. If the contract contains a loophole, the same shall apply.
Status: 22. January 2021