Terms and Conditions

Our offers are based on the information provided to us; these are given to the best of our knowledge and belief. They are subject to change and non-binding. Errors, prior sale or subletting are reserved.

Our offers and communications are only intended for the customer, they are to be treated confidentially and may not be made available to third parties. If the customer passes this on to third parties and the third party concludes a main contract on the basis of this, which would be subject to commission in accordance with these terms and conditions, the customer undertakes to pay the commission on the basis of these terms and conditions. A further claim for damages due to unauthorized disclosure of information remains unaffected.

We are entitled to hire other people and pay part of the commission to them. Upon request, we will disclose whether, to whom and in what amount such payments are or have been made.

Our claim to commission arises as soon as a main contract relating to the property we have named has been concluded on the basis of our evidence or our brokerage. The co-causation of our activity is sufficient here. If the main contract is concluded on terms other than those originally offered, or if it is concluded for a different object belonging to the contractual partner we can prove, this does not affect our claim to commission, provided that the business concluded is economically identical to the business offered by us or is economically identical Success only differs insignificantly from the business offered. The occurrence of a resolving condition agreed in the main contract does not affect our commission claim. The same applies if the main contract expires by exercising a contractual right of withdrawal, provided that this is exercised for reasons for which one of the parties is responsible or for reasons within their area of responsibility. The commission claim remains unaffected in the event of subsequent ineffectiveness of the main contract for reasons that are not the responsibility of the broker. The right to commission arises in particular in the case of purchase instead of rent, acquisition of business shares instead of property and vice versa, heritable building rights instead of purchase and exchange instead of purchase or rent.

Our claim to commission is due when the main contract is concluded. The commission is payable within 14 days after invoicing without any deductions. If the main contract is concluded without our participation, the customer is obliged to provide us with information about the essential content of the main contract without delay. Furthermore, the customer is obliged to provide us with a simple copy of the main contract.

The following commission rates apply to our activities between the customer and us and are to be paid to us by the customer when the commission claim according to Clause 4 arises. The commission rates are in each case plus VAT. The payment obligation also arises if (i) the main contract is concluded with a company affiliated with the customer or a company established separately by the customer or one of his affiliated companies for the conclusion of the main contract instead of with the customer becomes or if (ii) a company affiliated with the envisaged main contractual partner or a company established by this or a company affiliated with it separately for the conclusion of the main contract becomes the main contracting party.

In the case of property purchases, the calculation is based on the agreed total purchase price and all related ancillary services from the value up to € 5 million 5%, from the value over € 5 million to € 25 million 4% and from the value over € 25 million . € 3%. The obligation to pay also arises if the property is sold to the person entitled to pre-emption exercising his right of pre-emption - instead of to a prospective buyer and / or brokered purchase contract proven by us.

When ordering or transferring heritable building rights, the calculation is based on the value of the property and the value of existing structures and buildings from the value up to € 5 million 5%, from the value over € 5 million to € 25 million 4% and from the Value over € 25 million 3%.

When transferring company shares or other company rights, the calculation is based on the contract value up to € 5 million 5%, from the value above € 5 million to € 25 million 4% and from the value above € 25 million 3%. Contract value in the sense of this regulation is the respective cumulative value from unpolluted property and buildings.

Are there any contractual agreements or other agreements with regard to the sold property in the above cases mentioned under items 6.1 to 6.3, which relate to the economic exploitation of the property - that is, in particular, but not conclusively, general contractor, general contractor contracts, all construction and architectural services ( Project planning), the economic value of this project planning will be added to the agreed purchase price of the property, the value of the heritable building right or the contract value in the case of the transfer of company rights when calculating the commission.

If purchase and pre-emption rights are agreed, the commission is 1% of the determined value. The calculation of the value is based on the total purchase price and all related additional services.

The gross monthly rent is the basic rent plus ancillary costs prepayment, without VAT.

For contracts with a term of less than 10 years, the commission is 2.5 gross monthly rent.

For contracts with a term of 10 years and more, the commission is 3 gross monthly rents.

If options are agreed - even if their exercise is still uncertain - with regard to the area or term or in the case of pre-lease agreements, regardless of the agreed fixed term and the above commission rates, the commission increases by a further gross monthly rent.

For the determination of the commission amount in accordance with the above provisions, if a graduated rent is agreed, the gross monthly rent is based on the average monthly rent calculated from the total fixed term of the rental contract.

Times during which no rent or a reduced rent is to be paid are not taken into account.

The above provisions apply accordingly when concluding a lease agreement.

The net monthly rent is the basic rent without additional costs, without VAT.

Regardless of the term, the commission is 3.6 net monthly rents.

If options and pre-lease rights are agreed, even if their exercise is still uncertain, the commission increases by a further net monthly rent regardless of the above commission rate.

To determine the amount of commission in accordance with the above provisions, the average rent over the entire term of the rental agreement or the option period is used as the basis for the net monthly rent. Times during which no rent or a reduced rent is to be paid are not taken into account.

In the case of compensation or redemption payments to the landlord or other third party (e.g. redemption for rights and claims, furnishings, goods), the commission increases by a further 5% from the agreed compensation or redemption amount, regardless of the above commission rates.

7 Acting on behalf of third parties

We are entitled to act for the other part of the main contract for a fee or free of charge.

8 Liability

Our liability for any damage is limited to the amount of the commission due and incurred in accordance with Section 6 above. The upper limit of liability does not apply to damage caused by gross negligence or willful misconduct or to damage resulting from injury to life, limb or health. We are not liable for the correctness and completeness of the information and documents made available to us by the customer and / or his advisors. As part of our contractual obligations, however, we will draw the customer's attention to any inaccuracies that we find in this information and / or documents. Furthermore, we are not liable for damage caused by cyber attacks (e.g. virus, Trojans, etc.), provided that appropriate technical and organizational measures were implemented at the time of the event. Our liability for lost profit is excluded. The customer will only pass on reports, other deliverable services or work results from us to third parties with our prior written consent. We can attach our consent to the condition that the third party confirms the limitation of liability agreed with the customer or signs a so-called "Non-Reliance Declaration" to us in advance. Any claims for damages expire within 3 years after the claim arises.

9 Publication and Promotion

If the customer submits a press release and / or other publication in the context of the transaction, we will be named there as a transaction advisor. If the publication is made by the main contractual partner of the customer, the customer will work towards the naming. In addition, we are entitled to our own press release or other publication.

The customer agrees to the use of e-mails in the context of the business relationship and, revocable at any time, to the transmission of advertising.

The customer agrees that we can advertise the business relationship with the customer and / or the subject matter of the contract as a reference.

10 Data protection

The contractual partner agrees that Velebit.rocks GmbH collects, processes and uses data resulting from the business relationship within the framework of the applicable legal provisions and transmits them to interested parties to the extent required.

11 Customer identification

The customer is aware that we are obliged to identify our customers in accordance with the Money Laundering Act (GwG). In addition, the AMLA obliges customers to provide us with the necessary information and documents and to notify us immediately of any changes that arise in the course of the business relationship. In the event that the customer does not meet his obligation to cooperate for identification under the AMLA, we are entitled to extraordinary termination. A possible claim to commission remains unaffected.

12 Energy pass according to EnEV

The customer hands us a copy of a valid energy certificate no later than the start of marketing. If we are warned or claimed against us because of missing or incorrect information in relation to the energy certificate, the customer assures us that we will be indemnified.

13 Dispute settlement procedure for consumers according to the VSBG

Within the scope of the VSBG (Consumer Dispute Settlement Act), the federal universal arbitration board, Straßburger Straße 8 in 77694 Kehl am Rhein, is available at www.verbübers-schlichter.de. In the event of a dispute with a consumer, we do not agree to an alternative dispute resolution according to the VSBG.

14 Applicable law / place of jurisdiction

It is only the law of the Federal Republic of Germany. The place of jurisdiction for registered traders is Berlin.

15 Partial ineffectiveness

Should individual regulations of our general terms and conditions be or become ineffective, this shall not affect the effectiveness of the remaining regulations. The statutory provisions take the place of any ineffective or void provisions.