Terms and Conditions

- ISAR RELOCATION -

§ 1 Purview

The following terms and conditions are valid for all legal transactions between ISAR RELOCATION – hereinafter referred to as agent – and their contracting party – hereinafter referred to as client. Any agreement to the contrary made by the client will not be recognised unless the agent has formally expressed his approval beforehand. With the purchase of the agent’s services the client declares his agreement with the agent’s terms and conditions. Vicarious agents are not entitled to enter into an oral agreement which differs from the current terms and conditions.

§ 2 Object of a contract and scope of services

2.1 The contracting parties agree on collaboration on the grounds of each individually compiled contract.

2.2 The services the agent has to perform are consistent with the orders listed in the contract which has been administered by the client.  A contract will be concluded, if the client transmits a signed contract or direct offer via mail, fax or e-mail. A contract will not be concluded, if within one week the client cancels the order or the agent does not communicate the confirmation on the order. A working contract will not be inclined and will not be established.

2.3 It is within the agent’s discretion to work for other clients as well.

2.4 The agent will regularly inform the client about the work results.

§ 3 The client’s duty to collaborate

3.1 The client will immediately and gratuitously hand over any documents and information that are required to fulfil the contract.

3.2 The client endeavours to support the agent with the fulfilment of the contract. (E.g. adhering deadlines)

3.3 The client will immediately be informed as soon as a contract on an object brokered by the agent has been concluded.

§ 4 Duration of the contract, early termination

4.1 The duration of the contract is defined by the written agreement, though six months at the longest when the object is a rental unit.

4.2 The client is entitled to cancel the contract at any time.

4.3 The agent can only cancel the contract for valid reasons. These may be violations of the terms of payment (§5) or the information obligations (§3), if hereby the fulfilment of the contract is majorly aggravated.

4.4 The agent qualifies for compensation in any case of early termination of a contract on flat-hunting:

- Thirty per cent of the contractual payment after the job submission

- Fifty per cent of the contractual payment after the agent has started to look for objects

- Eighty per cent of the contractual payment after the second viewing

§ 5 Fees, Conditions of Payment

5.1 The payment of the agent is consistent with the written contract according to § 2

5.2 The invoices do not contain third party claims.  Such contracts are concluded between the client and said third party.

5.3 The payment is calculated on the understanding that the client is willing to accept rental prices compliant to the market and expresses reasonable wishes. Otherwise the agent will be entitled to adjust the payment or to cancel the contract early. In this case the agent is entitled to remuneration according to article 4.4.

5.4 If the client awards additional contracts after the original order has been administered, these prices will be agreed upon separately, e.g. a fixed rates or billing on the clock. Expenses will only then be brought into account, if they are listed in the offers or if they exceed the scope of services according to article 2.

5.5 Immediately after the contract has been awarded a deposit of thirty per cent has to be paid by the client.

5.6 Outstanding accounts are to be paid within thirty days.

5.7 If the client were to be in default with the payment of outstanding accounts, additional interest of five per cent above the base interest rate of the German Central Bank will be charged per annum.

§ 6 Liability

6.1 The agent is liable for damage which has been caused deliberately or resulted from grossly negligent behaviour. Liability for damage, especially financial losses caused by reckless behaviour is excluded.

6.2 The agent cannot be made liable for any time delay whilst conducting the contract or in any cases of early termination.

6.3 Liability for third parties is excluded.

6.4 The statue of limitations for an assertion of a claim for damages is three years, starting at the point of time when punitive damages have been caused by the action of the agent.

6.5 As far as the agent can be made liable, the amount guaranteed is limited to the amount defined in the written contract.

6.6 The client is not entitled to hand over any documents to third parties. If a rental or a buying contract is concluded, the client is liable to the agent concerning any claims for commissions.

6.7 The client does not have any influence on the content of linked websites. The client cannot be made liable for the content of linked websites.

6.8 The agent endeavours to ensure only valid information is presented on this homepage. The agent cannot be made liable for the validity or thoroughness of the information presented on this homepage.

6.9 All information as well as imbedded logos, photographs and graphics are property of ISAR Relocation. It is strictly prohibited to use, download, copy or sell them in any way.

6.10 Translations and interpreting services are not part of contractual services. If these services are arranged by the agent, the agent cannot be held responsible for their correctness.

6.11 Communication via e-mail can provide security flaws. If we receive an e-mail or an email address from you, we assume it is permitted to reply via e-mail. Otherwise you explicitly have to refer to a different way of cumminication.

§ 7 Confidentiality Obligation

7.1 For the duration of the contractual relationship and after its termination the client binds himself to maintain silence about all confidential information. Personal information are allowed to be used for contractually agreed reasons only and can only then be made available to third parties if it is necessary for conducting the order.

7.2 According to article 33 section (1) of the Federal Data Protection Act the client is hereby informed that his or her personal information will be digitally stored and used.

§ 8 Right of retention

According to the articles 283 and 320 of the German Civil Code the client is not entitled to the right of retention. A compensation can only then be granted, if indisputable and valid claims have been made.

§ 9 Place of Jurisdiction

9.1 German law applies to the contractual relationship of the parties.

9.2 The choice-of-forum clause applies to domestic customers as well as to foreign customers.

9.3 Place of fulfilment and jurisdiction for any services or court disputes is the place of residence of the agent only.

§ 10 Requirement of the written form; Alteration of Contract

Variations or amendments to these terms and conditions are to be agreed upon in written form. There are no side agreements to these terms and conditions.

§ 11 Salvatorious clause

If one or more of the conditions in the premises were to be invalid, it does not have any effect on the validity of the remaining articles whatsoever. This also applies, if one part of a single regulation is invalid and a different one is valid. In each case the invalid regulation has to be replaced by a regulation which is closest to the commercial interests of both parties and which does not contradict any contractual agreements.

§12 Final clause

The exact German wording is binding.

 

 
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