Our General Terms Of Service

Points: I - XIX
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I. Brokerage contract
A brokerage contract is concluded if you or your company as a client of one or more offers the brokerage firm OAT - Hotel & Real Estate - PR Service & Partner Int'l (OAT short) make use of and / or if you are about the Proof or the mediation consciously with the old as well as possibly new owner / landlord of the property directly in connection or exchange for this - also tacitly.
With receipt of an offer of OAT eg by post, fax, telephone, by ePost like Internet like eMail, but also by SMS / MMS, newspaper reference or in another clear way these terms and conditions come into force contractually.
The same applies to the owner / landlord, to whom a prospective customer is acquired and made known on the basis of his order or even consent to OAT and its real estate PR services.
If you already know the offer, you are obliged to notify us in writing immediately and at the latest within 5 (five) working days after receipt of the information and the dated source with respect to both the object and the sale to the contractor OAT on guaranteed discretion available to submit.

II. Brokerage fee (= commission / brokerage)
The right to a brokerage fee arises as soon as a purchase, lease, purchase / rental option or other service contract has been concluded through the brokerage or on the basis of proof from the brokerage agency OAT, even if OAT did not participate in the conclusion of the contract or was present , It is sufficient if the brokering activity of OAT was the culmination of the conclusion of the contract or other similar agreements. The same applies if the acquisition takes place through an auction or otherwise through the conclusion of an assignment or the direct contact of the owner or through very different conditions.
The brokerage fee or brokerage commission is with conclusion vorgen contracting modes or at contract award by auction or already at conclusion of a contract on pre-emption right due.
The placement fee is calculated on the basis of the commission or fee specified in the offer. If neither a brokerage fee or a commission claim has been concluded, nor a brokerage fee is shown in the offer, the fee calculation will be made in accordance with clause III of these GTC. In the case of real estate or business purchase, lease or rent, otherwise. Managing easements such as right of first refusal also apply the performance of a down payment or the acquisition of an object as a contract, which leads to the directly accepted fee claim of OAT.
The fee claim arises in particular also if the purchase takes place on conditions that deviate from the offer or the desired economic success achieved by an equivalent contract or the purchase from an auction or by a new added owner through the mediation or on the basis of a certificate by OAT becomes. This also applies if a contract / purchase is concluded via another or further object of the proven contracting party or new owner. The brokerage fee is also to be paid in each case if rights are transferred to the object other than the legal form provided for in the offer or if a partial and additional acquisition takes place on the object. The right to a brokerage fee remains with the client expressly and by mutual consent, if the contract concluded on the basis of disputing, suspensive and / or dissolving conditions after a contract signing expires or must be reversed. The same applies if the contract entered into is terminated due to a reservation of rescission by the client or if it is reversed or not fulfilled for other reasons in his person. If the contract is successfully challenged, that part of the contract which has set the ground for contestation remains liable to the other party for damages. OAT retains its fee claim despite possible legally deviating regulations after any contract of the aforementioned parties.

III. Amount of the brokerage fee (= brokerage / commission) for real estate in the EU
a) When buying a property, the brokerage fee to be paid is based on the total purchase price and all associated ancillary services. The calculation values for the brokerage fee are made individually. If individual and object specific nothing else has been quantified and determined in advance in advance, the so-called internal commission of the seller as well as external commission of the buyer is usually three percent (= 3.57% incl. Current German VAT of 19%). ).
b) In the case of rental, leasing, leasing or economically similar transactions, the brokerage and proof fee for the contractor shall, unless otherwise provided, amount to two net monthly rent for residential property plus statutory VAT.
c) In the case of commercial space such as office, industrial, catering, retail space and the like, the commission amounts to three net monthly rentals for leases of up to 5 years.
The commission rates increase by 0.5 monthly rent for leases that are concluded for a period longer than 5 years plus VAT.
d) Agreed rental-free periods or other landlord-side benefits are fundamentally irrelevant to the commission calculation. If a graduated rent is agreed, the commission is calculated on the basis of the average monthly rent for a total term of 20 years.
e) If an option right of the lessee or lessee is agreed upon in addition to a rental or lease agreement, then a further brokerage commission (brokerage commission) in the amount of a monthly cold rent or lease plus legal VAT is to be paid by the lessee or lessee.
f) When arranging a right of first refusal, the pre - emption right is obliged to pay 1.50% for contracts up to € 100,000.00 and 1.00% for contracts over € 100,000.00 of the market value of the object and, when exercising the right of first refusal, the remaining difference amount of Commission, as in III.1. listed, according to the purchase price, plus VAT.
g) If, on the basis of the primary proof of OAT, the acquisition of an object takes place in the case of foreclosure or other auction proceedings, the acquirer has to pay the commission in the same amount as under III.1. to pay the auction proceeds unless another arrangement has been made or an agreement equivalent to the acquisition has been made.
h) When ordering and transferring a leasehold, the commission for the buyer is 5.00% of the purchase price plus VAT. If no purchase price has been agreed, the 18-year annual interest will replace it.
i) For a sale on a pension basis, the purchase price is the cash price plus the capitalized pension interest (capital value of the pension).

IV. Level of brokerage fee (brokerage / commission) for international real estate
OAT cooperates within its own network with various international partner agencies. In the case of purchase of an international property offered directly to the prospective buyer by OAT directly or through one of its partner agencies, the amount of commission claims to be specified must be determined in advance, otherwise as above.

V. Payment and default of payment
The agreed brokerage fee (= brokerage / commission) is late. 2 weeks before purchase in full before notary's appointment with this on a fixed escrow account (= notary-Anderkonto) for mäklerische payment to OAT to deposit at contract signing, at lease / rent directly before signing the contract cash or pay-out OAT to hand over.
In the event of late payment of the brokerage fee or reimbursement of expenses, the Principal shall pay default interest of 5% above the respective base interest rate of the Discount Rate Reconciliation Act, but at least 7% of 100, to OAT. The customer reserves the right to prove that damage has not occurred or not at this amount.

VI. Value added tax
VAT is charged in accordance with the law and the legally applicable VAT rate.

VII. Additional agreements
Additional agreements to the offers of the OAT company require written confirmation to be legally effective.

VIII. Dual activity, obligation to refer
Fa. OAT is entitled to work for the other contracting party and to charge fees for this. An opportunity to conclude a legal transaction communicated by OAT is deemed to be unknown until now, unless a written objection is made within 5 days of becoming aware of it, and at the same time it can be clearly seen from where the information comes from. In the case of a broker-exclusive order, direct or prospective buyers appointed by other brokers are to be referred immediately to the broker appointed exclusively.

IX. Disclosure of information
The forwarding of the information given by the broker, in particular the proof, to third parties by the client is only permitted with the written consent of the broker. Otherwise, he is liable, without prejudice to another claim for damages, in the case of the conclusion of the contract by the third party for the escaped fee / commission according to item III.

X. Notification
As soon as a contract has been concluded for an object offered by OAT as a contractor, the client has to inform OAT immediately and to send a copy of the contract to at least all monetary agreed contractual agreements. There is also a claim for attendance at the conclusion of the contract.

XI. Equivalence
Equivalent to the conclusion of a notarized purchase contract or lease is also a contract other than that offered, provided that this is identical in content to the original contract. Insignificant deviations of factual, economic or legal nature do not damage and continue to justify the agreed commission claim. The same applies if the actually concluded notarial purchase agreement deviates in content from the offer, but economically the same success is achieved or a notarized purchase agreement on another, also belonging to the seller object comes about, if OAT in the context of the contract, the proof to conclude the corresponding contract with the client or the designation of the contracting party. Up to 50% discount on conclusion of the contract is understood to be congruent financially and in realita usual final purchase price deviations and does not release from the obligation of the service providers or contractors.

XII. Distance from the contract
The client is obliged to inform the broker or OAT brokering the property without delay in writing, if he refrains from his contractual intentions. All documents exchanged in writing or electronically, and all
Information obtained during negotiations or agreements will be returned in full or destroyed by written notice to OAT. Any evidence to and from OAT & Partner already proven real estate & objects are not accepted by any subsequent or other real estate agents or even the sellers or used without OAT & Partner as a first mediator, as there is already a prior knowledge.

XIII. Expense allowance
Expenses for services rendered are due after the notification and non-conclusion of a notarial contract and unless otherwise agreed by the client (former object holder) to be paid to the broker. Further claims for damages can be asserted by the broker against proof.

XIV. Cancellation Policy
You have the right to withdraw from this contract or your contract within fourteen days without giving reasons. The revocation period is fourteen days from the day after receipt of this instruction or the conclusion of the contract. In order to exercise your right of withdrawal, you must inform OAT of your decision to withdraw from this contract by means of a clear statement (eg a letter sent by post, fax or e-mail). To meet the withdrawal period, it is sufficient that you send the notice of exercise of the right of withdrawal before the expiry of the withdrawal period to the address of the broker mentioned below.
If you have requested that the Services begin during the Revocation Period, you will have to pay to OAT a reasonable amount upon cancellation already equal to the proportion of you until the date on which you notify the Broker of the exercise of the right of revocation regarding this Agreement services provided compared to the total volume of services provided for in the contract. If the proof of the opportunity to conclude a contract or to broker a contract is provided, this corresponds to the total scope of the service.

XV. Data protection
Your personal data will be treated confidentially by OAT in accordance with the statutory data protection regulations and this privacy policy. Insofar as personal data (eg name, address or e-mail address, etc.) are collected, this is always done as far as possible on a voluntary basis. These data will not be shared without your explicit consent. You are pointed out that the data transmission in the Internet (eg in the communication by e-mail) may have security holes. A complete protection of the data from access by third parties is not possible.
Right to information, cancellation, blocking
You have the right to free information about your personal data stored at OAT, its origin and recipient and the purpose of the data processing as well as the right to correct, block or delete this data. For further questions on personal data, please contact OAT at the address below.

XVI. liability
Claims for damages against OAT as a broker are excluded for the following reasons, unless you were based on intent or gross negligence. OAT assumes no liability for statements made in exposés, brochures, descriptions and the like. Ä., because they were granted exclusively by the object provider. For this, no liability or guarantee can and will be assumed.

XVII. Deviations and additions
Deviations and additions to these terms and conditions must be agreed in writing. Terminations of the brokerage contract must be made in writing.

XVIII. Fulfillment and jurisdiction
The place of performance for the mutual obligations arising from this contract is the registered office of the consultant. Jurisdiction is, as far as the interested party is a merchant or has no general jurisdiction in the Federal Republic, the seat of the adviser. German law applies.

XIX. Severability clause
Should individual provisions of these General Terms and Conditions be ineffective, this shall not affect the validity of the remainder. In the event that any provision of these Terms and Conditions is ineffective, the parties undertake to enter into negotiations already for the purpose of replacing the ineffective provision with a clause closest to what the parties have done with the previous one Intended to be economically viable.

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