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General Terms and Conditions

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General Terms and Conditions

Courtesy translation


1. Arising of the Commission Claim

The commission claim of Savills Immobilien Beratungs-GmbH (hereinafter called broker) towards client shall arise when a contract in respect of a property named by the broker due to the evidence and/or his intermediation has been concluded with the client. Broker’s contribution (Mitursächlichkeit) in bringing about the contract shall already suffice. If the contract is made subject to different conditions than originally offered or concluded in respect of another property however of the same owner than introduced by the broker, the commission claim of the broker shall not be affected, unless the business is economically not identical to that offered by the broker or the economic success differs considerably from the business offered. This shall also apply, if a different contract than originally provided is concluded.

The commission claim of the broker shall also remain valid and applicable, if the contract concluded expires due to the application of a resolutory condition. This shall also apply, if the contract expires after having exercised the legal and contractual right of withdrawal provided that the right of withdrawal is exercised for any reason that can be attributed to a party or to a person of a party.

2. Commission Rates

The commission rates indicated hereinafter are deemed agreed between the broker and the client upon conclusion of a contract and shall be paid by the client in case of success. The commission rates shall be subject to any VAT (value added tax), the amount of which is required by statute.

a) Acquisition
In case of any property acquisition the commission shall be calculated on the basis of value of the earned total purchase price and all relating ancillary services/costs as follows: 5% of the value up to EUR 5,000,000, 4% of the value from EUR 5,000,000 to EUR 20,000,000 and 3% of the value exceeding EUR 20,000,000.

b) Heritable Building Right
In case a heritable building right is created or assigned the commission shall be calculated on the basis of the property value and the value of existing buildings as follows: 5 % of the value up to EUR 5,000,000, 4 % of the value from EUR 5,000,000 to EUR 20,000,000 and 3% of the value exceeding EUR 20,000,000.

c) Assignment of (Company) Shares
In case of any assignment of company shares the commission shall be calculated as follows: 5% of the contract value, 4 % of the value from EUR 5,000,000 to EUR 20,000,000 and 3% of the value exceeding EUR 20,000,000. The contract value under this agreement shall be considered to be the respective property value.

d) Right to Acquire Property and Pre-Emption Right
In case of any right to acquire property and any pre-emption right the commission shall amount to 1% of the total purchase price and all relating ancillary services/costs.

e) Lease of Office Space
When concluding any lease contract in respect of office space the commission shall amount to 3 monthly gross rents based on a contract period of of less than 10 years; and 4 monthly gross rents based on a contract period of 10 or more years.

In case options are agreed – even if its exercising is not clear – in respect of area or period or in case of pre-lease contracts irrespective of any agreed fixed periods or the commission rates mentioned above; the client shall owe an additional monthly gross rent.

In case a step rent is agreed, the monthly gross rent shall be calculated on the basis of the average monthly payment for the whole contract period of the lease contract.

Temporary reductions of rent, rent-free periods as well as surcharges to construction and relocation costs shall not be taken into account for the calculation of the commission.

f) Rent and Lease of Sales Areas
When concluding any rent and lease contract in respect of sales areas the commission for a contract period of up to 5 years shall amount to 3 monthly net rents, for a contract period of more than 5 years 3 % of the contractual net rent for the whole period of contract but at maximum for a period of 10 years.

In case options are agreed – even if its exercising is not clear – in respect of area or period or in case of pre-lease contracts irrespective of any agreed fixed periods or the commission rates mentioned above, the client shall owe another 1% of the contractual net rent for the period of the option contract.

In case any compensation payment to the landlord or any other third party is agreed for repaying rights, claims, equipment or goods, additional 5 % of the agreed amount shall be paid as commission.

In case any step rent is agreed, the monthly net rent shall be calculated on the basis of the average monthly payment for the whole period of the lease contract.

Temporary reductions in rent, rent-free periods as well as surcharges to construction and relocation costs shall not be taken into account for the calculation of the commission.

3. Maturity of the Commission Claim

The commission claim of the broker shall be due upon conclusion of the main contract. The commission shall be paid within 14 days after the invoice has been issued without any deduction.

4. Follow-up Business

The broker shall also have a commission claim in case of further contractual agreements that are in temporal and economic relation with the first contract arranged or introduced by it having its basis in the broker contract concluded between the broker and the client.

5. Non-binding Offers

Any offer in respect of acquisition or rent submitted by the broker shall be non-binding to the offerer until the relevant contract has been concluded with the client. Another acquisition or lease shall not oblige the offerer nor the broker to pay damages. All offers shall be submitted to the best of one’s knowledge.

6. Client’s Obligations

Any offer and information submitted by the broker to the employer shall be treated confidentially and shall not be made available to third parties. If a contract is concluded between the offerer and the third party due to the transmission of the offer introduced by the broker, the client shall pay the commission to the broker.
If a contract is concluded without the participation of the broker, the client shall advise the broker immediately of the relevant contract details to calculate the commission claim. Upon first request the client shall provide the broker with a copy of the contract.

7. Working for Third Parties

The broker shall have the right to work for the other contract party with or without being paid.

8. Limitation of Liability and Statute of Limitations

All data/information given by the broker are based on information and notification by third parties in particular by the property owner. The broker shall not be liable for the accuracy and completeness of this information.

The broker shall only be liable in case of intent or gross negligence including the intent and gross negligence of its vicarious agent and in case of negligent breach of major contract obligations. Otherwise liability shall be excluded.

The liability of the broker or its vicarious agent shall be limited in case of negligence to the predictable and typical claim. Such claims for damages shall be barred within 2 years by the statute of limitations after arising of the claim and the knowledge of all circumstances causing the claim, at the latest, however, irrespective of this knowledge within 5 years from the date of the harmful event. This shall not apply in case of fraudulent behaviour of the broker.

The exclusion of liability and limitation of liability mentioned above shall not apply to culpable injury of life, body or health nor compulsory liability in accordance with the product liability law.

9. Place of Execution and Jurisdiction

German law applies. Place of execution and jurisdiction for business people is Frankfurt/Main.

10. Partial Ineffectiveness

If any individual rules of this general terms and conditions become ineffective, the effectiveness of the other rules shall not be affected. Ineffective or void clauses shall be replaced by legal regulation.

Terms of use

Savills GmbH for www.goldenquest.de


1. Subjects of the agreement and use

1.1. Through the website www.goldenquest.de, Savills shall enable you to find out about commercial properties listed on this platform and for you to authorise Savills to provide disclosed information on properties for sale and/or the vendors thereof or to negotiate the conclusion of a contract of sale for a commercial property.

1.2. As long as you have not registered with a password provided by Savills, no Agreement evolves between you and Savills by the mere use of the website www.goldenquest.de. An Agreement with Savills is entered the moment you click the "Confirm" button. In particular, you do not authorise Savills to act as an estate agent on your behalf by using the website and registering.

1.3. The use of the material and information made available on the website www.goldenquest.de shall be generally free of charge until such time as you conclude an Agreement with Savills. Thereby you agree to pay a commission or fee to Savills in accordance with the terms and conditions of the said Agreement that occurs through the mediation and/or that occurs through the solicitation of a sales contract of Property and principle named by yourself.

1.4. Details of properties, which you wish to find out about via our website without entering into an Agency Agreement, shall be provided without warranty of any kind. Savills shall accept no liability for these details, which are based exclusively on information provided by the vendor. In the event that you have entered into an Agency Agreement with us, the provisions thereof shall apply.

2. Login/Registration

2.1. To receive information which has been submitted to us on properties available for sale, you are required to register. You do this by entering your username and a password supplied by us. The password shall be sent to you by e-mail. You may change the password at any time on my goldenquest.

2.2. To register, we need the following information, which you may provide to us electronically by completing our online registration form:

  • your full name and address;
  • your telephone number, fax number and e-mail address;
  • where you are a company: details of persons authorised to represent the company and, in particular, to conclude an Agency Agreement and contracts of sale for properties, as well as the company's contact address;
  • confirmation that neither you nor your company is an estate agent.

2.3. We reserve the right to verify your registration application and to reject your application. Should we choose to reject your application, we shall inform you of this decision by e-mail. Estate agents will not be allowed access.

2.4. The details outlined above will be treated as strictly confidential and will only be disclosed to third parties, particularly vendors of properties, if you wish so or once an Agency Agreement has been concluded in connection with a property, and in compliance with the purpose of such Agreement.

2.5. Your details must be correct (falsified information and false addresses are not permitted) and you must inform us immediately of any change to the information that you have provided, as otherwise we will be unable to perform our services to you.

2.6. Should you negligently or intentionally provide us with false information or fail to correct your details where necessary, you shall be liable to compensate Savills for any costs and damages incurred as a result. In such a case, a vendor may also seek compensation from you.

2.7. You must ensure that only those persons authorised by you may use your username and password to gain access to our website. It is of utmost importance that especially your password is kept secret. You are liable for the conduct of those persons to whom you have allowed access or for whose access to our website you are responsible. You are liable for any damages incurred by Savills or, where applicable, third parties, such as vendors, caused by a violation of these obligations.

2.8. You are solely responsible for your personal data and information. We will not act on your behalf as a vicarious agent and vice versa.

2.9. We endeavour to make our website available to you 24 hours a day, but we do not grant any implied or express warranty or guaranty for the availability of the website. In particular, your access to our website may be interrupted where this is necessary for maintenance work to be carried out on the site.

3. General conditions of use

3.1. When using the website, regardless of whether or not you have registered, you are obligated to comply with general legislation and, in particular, not to provide false details and data, make offensive or libellous statements or infringe the rights of third parties, including other users.

4. Special conditions for the use of our website after login

4.1. You may gain access to the protected area of our website only once you have entered your username and password in the fields provided on the user access screen. The terms and conditions of use of our website result from the user interface as appropriately managed by Savills.

4.2. All details of properties that are accessible by you after logging into our protected area are provided only as preliminary information and are subject to further consultation; they are therefore not binding.

4.3. Only when you request further information on the properties listed in the protected area do we require you to enter into an Agency Agreement on the disclosure of opportunities for purchases of properties or vendors or the negotiation of the conclusion of a contract of sale for any property made available by Savills. You may read the provisions of the Agency Agreement currently in use by consulting the sample available here. You must confirm the conclusion of the Agency Agreement separately to gain access to any further information. A record of your confirmation will be stored by Savills; the concluded Agency Agreement may be accessed by yourself via our website at any time. We recommend that you keep a printed copy of the Agency Agreement. Should you have an interest in several properties, a separate Agency Agreement must be concluded for each property.

4.4. As soon as you have concluded an Agency Agreement, you will receive further information on the property concerned via the user interface. As is the case with the information to which we have allowed you access via the website prior to the conclusion of the Agency Agreement, this information must be kept secret and may not be disclosed to third parties, in particular estate agents or any other potential buyers, unless we have given you explicit permission to do so in writing or e-mail. Should a contract be concluded as a result of you having passed on information on a property to a third party, we are entitled to seek compensation from you for any loss of commission.

4.5. Should you become aware that a property is also offered for sale by a third party, such as another estate agent, we ask that you contact us immediately by e-mail or some other reliable form of communication with information on the third party concerned. Should a third party offer to you one of our listed properties for sale, this does not affect our entitlement to commission; to avoid being liable to pay commission twice, you are requested to make known your prior knowledge of the property concerned in writing to the other offeror of the property and to refrain from enlisting the estate agency services of a third party.

4.6. All properties listed by Savills have been inspected by us to the best of our knowledge. However, we cannot be held liable for the accuracy of the property details, given that they have been forwarded to us by the property vendors. The only exception is where we have agreed to assume liability for the accuracy of the information provided.

5. Note of interest / intent to purchase

5.1. You may notify us of your interest in a particular property by e-mail or in writing. This being the case, we will endeavour to provide you with further information and contact the vendor on your behalf. Unless you notify us of your particular interest by e-mail or in writing, we are not obligated to forward to you any newly acquired information on the properties listed by us.

6. Amendments of these Conditions of Use and blocking of access

6.1. We may amend or adapt these Conditions of Use at any time, should this prove necessary or desirable for administrative reasons or to bring about improvements to our services. Any amended rules will apply as of your next visit to our website. We will notify you of any changes to these Conditions of Use on our website.

6.2. We are likewise entitled to alter the structure of our website and its user interface.

6.3. In the event of a material or persistent breach of or failure to fulfil your obligations as set out in these Conditions of Use or in the Agency Agreement concluded between you and Savills, we are entitled to block your access to the site. This also applies, should you gain access to our website for illegal purposes, especially in case of an infringement of third party rights. In such a case, you will be given the opportunity to comment. Your access to the site will be unblocked immediately upon your having dispelled any accusations.

7. Termination

7.1. You may terminate your registration at any time by e-mail or in some other written form (e.g. by telecopier or letter). In so doing, you will no longer be entitled to gain access to the protected area of the site.

7.2. We have the right to terminate your right to access the protected area of the site upon a notice period of two weeks to the end of a calendar month; furthermore, we are entitled to terminate your right of access with immediate effect or good cause. In particular, we are entitled to terminate your right of access for good cause in case of

  • a persistent breach of these Conditions of Use;
  • provision of false information to us, to other users or vendors;
  • failure to fulfil your payment obligations towards Savills or any vendor despite a reminder to do so.

8. Liability

8.1. We are in no way liable for the proper performance of any contracts concluded between you and property vendors.

8.2. We furthermore do not accept liability for any damages or consequential or indirect damages that are not caused by intent or gross negligence on the part of Savills or its agents and employees. However, as far as we provide services for fees or commission, we do accept liability in the event of a negligent violation of material contractual obligations committed by us or our agents and employees. In the event of negligence, however, we are liable only for typical damages that are foreseeable in the light of all relevant or recognisable circumstances. This limitation of liability covers all claims for damages, on whatever basis they are made. Our legal liability according to the Product Liability Acts and in the event of injury to health and life shall remain unaffected.

8.3. We do not accept liability for any damages arising out of causes beyond our reasonable control, especially in the case of an interruption in service owing to a breakdown in communications falling within the area of responsibility of a third party, such as an Internet service provider. However, upon your request, we assign to you to our claims against such third parties for any damages incurred by you. We likewise cannot be held liable for damages caused by force majeure events. We refer to your duty to mitigate any possible damage by reducing the risk of potential damage to the best of your ability, for instance, by making use of alternative forms of communication.

8.4. These limitations of liability also apply to our employees and agents.

8.5. You are obligated to hold us free and indemnify us from all third party claims made against us caused negligently or intentionally by inappropriate use of the website by you or a person authorised by you. We reserve the right to assert further legal claims.

9. Miscellaneous

9.1 Our data protection obligations are laid down in the laws and regulations in force as well as in our "Privacy Rules".

9.2. In the event of any of these Conditions of Use being or becoming legally ineffective, this shall not affect the validity of the remaining provisions.

9.3. These Conditions of Use and the use of our website are subject to the laws of the Federal Republic of Germany, unless superseded in whole or in part by non-negotiable laws.

9.4. If you are a merchant, the place of jurisdiction for any dispute arising in connection with the use of this website shall be Hamburg, Germany; however, we reserve the right to sue you in the court of jurisdiction of your place of residence.

9.5. Amendments or additions to these Conditions of Use must be drawn up in writing.

(August 2010)

Privacy Note

Your personal data will be dealt with in strict confidence, will not be divulged to third parties and may be processed and used only in accordance with the Federal Data Protection Act.
• Privacy

Contact

Franziska Hunn
Franziska Hunn
Savills Germany

Tel.: +49 40 309 977 123
Mobil: ###MOBILE_VALUE###
Fax: +49 40 309 977 100
Mail: fhunn@savills.de