General Terms and Conditions (GTC)
1. Scope of application
1.1 These General Terms and Conditions (GTC) apply to all legal relationships between the real estate agency SOMNIHOMES (hereinafter referred to as ‘Agent’) and its clients (hereinafter referred to as ‘Client’).
1.2 The estate agent works exclusively with iad Deutschland GmbH (hereinafter referred to as ‘iad Deutschland’). All services of the Broker are provided exclusively in co-operation with iad Deutschland.
1.3 Deviating or conflicting terms and conditions of the customer shall not apply unless the broker has expressly agreed to their validity in writing.
2. services of the broker
2.1 The broker shall provide brokerage services in the field of property brokerage, in particular the brokerage of purchase, sale, rental or letting contracts for properties.
2.2 The broker acts exclusively as a partner of iad Germany and provides all services within the framework of the existing co-operation agreement with iad Germany.
2.3 The provision of brokerage services outside of this co-operation is excluded.
3. brokerage agreement
3.1 The brokerage agreement is concluded as soon as the client utilises the brokerage services, e.g. by means of a written agreement or implied action (e.g. request for information about a property).
3.2 By using the broker’s services, the client recognises the exclusive cooperation of the broker with iad Deutschland.
3.3 The agent undertakes to represent the interests of the client to the best of his knowledge and belief and to provide him with all essential information about the property.
4. Exclusivity
4.1 The client agrees not to instruct any other agent or broker for the purchase or sale of the property in question during the term of the brokerage agreement, unless this has been expressly agreed in writing with the broker.
4.2 The agent works exclusively with iad Germany and Spain, which means that all processes associated with the property transaction are handled via the platform and services of iad Germany or Spain.
5. Obligations of the customer
5.1 The client undertakes to provide the broker with all information, documents and access rights necessary for the execution of the order.
5.2 The client undertakes not to provide any false or misleading information about the property and to inform the agent immediately of any significant changes in relation to the property.
5.3 If the Client concludes the purchase or sale of the property without the services of the Agent or contrary to the exclusivity agreement, the Client is obliged to pay the Agent the agreed commission.
6. Commission and remuneration
6.1 The Agent’s entitlement to commission shall arise as soon as a legally effective purchase, rental or lease agreement has been concluded for the property identified or brokered by the Agent.
6.2 The amount of the commission shall be based on the rates specified in the brokerage agreement or in the statutory provisions.
6.3 The commission is due upon conclusion of the purchase or lease agreement and is payable immediately, unless a different payment deadline has been expressly agreed.
6.4 The invoice of the Real estate brokerage is issued by iad Deutschland GmbH.
6.5 The invoice of the subscription service on this website is issued by SOMNIHOMES.
7. Liability
7.1 The broker shall be liable for intent and gross negligence. In the event of slight negligence, the Agent shall only be liable in the event of a breach of material contractual obligations (cardinal obligations), whereby liability shall be limited to the foreseeable damage typical of the contract.
7.2 Liability for loss of profit, indirect damage or consequential damage is excluded.
7.3 The estate agent shall not be liable for the creditworthiness of the brokered contractual partners or the feasibility of the purchase or rental agreement.
8. Data protection
8.1 The broker processes personal data of the customer exclusively within the framework of the statutory data protection regulations, in particular the General Data Protection Regulation (GDPR).
8.2 The client agrees that his personal data may be passed on to iad Deutschland for the purpose of property brokerage.
8.3 The customer has the right at any time to request information about the data stored about him, to have it corrected or deleted, insofar as this is legally permissible.
9. Final provisions
9.1 Amendments or additions to the brokerage agreement must be made in writing. This also applies to the cancellation of the written form requirement.
9.2 Should individual provisions of these GTC be or become invalid, this shall not affect the validity of the remaining provisions. The parties undertake to replace the invalid provision with a provision that comes closest to the economic purpose of the invalid provision.
9.3. The law of the Federal Republic of Germany applies. The place of jurisdiction for all disputes arising from the contractual relationship is the broker’s registered office if the customer is a merchant, a legal entity under public law or a special fund under public law.
