TERMS AND CONDUTION
With the request of the exposé and knowledge of our commission expectation, a commissionable brokerage contract for the offered property is concluded between the recipient (broker customer) and Port of Safety, which includes these GTC, which are hereby recognized by the broker customer.
2. Confidentiality/Prohibition on Disclosure
The offers and information sent by Port of Safety, in particular exposés and their content, are confidential and intended only for the respective recipient. Disclosure to third parties is prohibited without the express consent of the Port of Safety, which must be given in writing beforehand. If the broker customer violates this obligation and the third party or another person to whom the third party has passed on the information concludes the main contract, which would be subject to commission in accordance with these conditions, the broker customer undertakes to pay damages in the amount of the commission based on these terms. The broker customer reserves the right to prove that a lower damage or no damage was incurred. A further claim for damages by the Port of Safety due to unauthorized disclosure of information remains unaffected.
Port of Safety's offers are subject to change and non-binding. Errors and intermediate sale/intermediate rental remain reserved. The property-related information is based on the information and information provided to us, in particular by the seller/landlord. Port of Safety accepts no liability for the correctness and completeness of the information. It is therefore the customer's responsibility to check the property information and details for accuracy. Liability for the accuracy and/or completeness of this information is only accepted in the event of intentional or grossly negligent conduct.
4. Creation of the commission claim
The disclosure (= proof) of the object address and/or the provider is made with express reference to the commission claim of the Port of Safety in the case of purchase, exchange or rental. The Port of Safety's claim to commission arises as soon as a main contract regarding the named object has been concluded on the basis of the evidence and/or the mediation of the Port of Safety. In this case, co-causality of the brokerage activity is sufficient. If the main contract is concluded under conditions other than those originally offered, or if it is concluded via another object of the contractual partner proven by Port of Safety, this does not affect Port of Safety's claim to commission, as long as the transaction that has come about is related to the transaction offered is economically identical or differs only insignificantly in its economic success from the business offered. The right to commission arises in particular in the case of purchase instead of rent, acquisition of company shares instead of objects and vice versa, heritable building rights instead of purchase and exchange instead of purchase or rent.
5. Maturity of Commission Claim
The commission claim is due upon conclusion of the purchase contract/exchange contract/rental contract. The commission is payable after the invoice has been issued. The Port of Safety has the right to be present at the conclusion of the main contract. If the main contract is concluded without the participation of the Port of Safety, the customer is obliged to immediately provide the Port of Safety with information about the essential content of the main contract and the assessment basis for the commission claim.
6. Amount of Commission
The commission rate stated in the advertisement or exposé applies. Our commissions are stated in the respective offer. In general, these are…
for residential rental properties: 2.38 monthly rents including 19% VAT; for graduated rental contracts, the average monthly rent based on the total term is calculated as the monthly rent
for commercial rental properties:
with a term of less than 5 years, the commission is 2 monthly rents including additional costs plus 19% VAT (= 2.38 monthly rents)
with a term of more than 5 years or for an unlimited period, the commission is 3 monthly rents including additional costs plus VAT (= 3.57 monthly rents)
if extension option rights are agreed, the commission increases by a further monthly rent including ancillary costs plus 19% statutory VAT (= 1.19 monthly rents)
for purchase objects: 5.95% of the notarial sales price including statutory VAT from the buyer. For single-family houses and condominiums, a commission rate of 3.57% including 19% VAT applies to the buyer and 3.57% including 19% VAT to the seller.
7. Dual Action
The Port of Safety is entitled to work for the other party (seller/landlord/exchange partner) for a fee or free of charge. We are committed to impartiality in the case of dual activity.
8. Prior Knowledge
If the customer is already familiar with the property offered by the Port of Safety, he must inform the Port of Safety of this immediately, at the latest within 3 calendar days, and provide evidence of this to the Port of Safety upon request. If the customer fails to provide this notice, he must compensate the Port of Safety for all expenses incurred by the Port of Safety as a result of the prior knowledge not being pointed out or being pointed out too late.
9. Limitation of Liability
Liability for negligent conduct on the part of Port of Safety, its legal representatives or vicarious agents is excluded. This does not apply if the damage consists of injury to life, limb or health or is based on the violation of an essential contractual obligation (cardinal obligation) or the lack of certain properties guaranteed by Port of Safety.
10. Information obligation according to VSBG
The Port of Safety is not obliged and not willing to conduct a dispute settlement procedure before a consumer arbitration board in accordance with the provisions of the Consumer Dispute Settlement Act (VSBG) in the event of a dispute arising from or relating to a contractual relationship between the Port of Safety and a consumer before filing a complaint.
11. Place of Performance and Jurisdiction
Place of performance and place of jurisdiction for registered traders is Offenbach am Main.
12. Severability Clause
Should one or more of the above provisions be invalid, the validity of the remaining provisions shall not be affected. This also applies if part of a regulation is ineffective, but another part is effective. The invalid provision should be replaced between the parties by a provision that comes closest to the economic interests of the contracting parties and does not otherwise run counter to the contractual agreements.