Area of application
Scope of application: These General Terms and Conditions (GTC) apply to all contracts between Circlesta UG (haftungsbeschränkt) and its customers in connection with the activities of buying and selling real estate, renting real estate and real estate brokerage/real estate agents. In the event that the customer uses its own general terms and conditions, the general terms and conditions of Circlesta UG (haftungsbeschränkt) apply exclusively.
Fields of activity: Circlesta UG (haftungsbeschränkt) is active in Europe and the countries of Switzerland, the United Kingdom and the United Arab Emirates and offers services in the following areas:
- Buying and selling real estate
- Renting of real estate
- Real estate brokerage/real estate agent
The listings are also managed under the company’s own real estate portal “Homes Place”. “Homes Place” is a registered and protected trademark of Circlesta UG (haftungsbeschränkt).
Conclusion of contract/subject matter of the contract
A contract is concluded when the customer accepts the offer of Circlesta UG (haftungsbeschränkt). Offers are submitted in writing or electronically and are subject to change. Circlesta UG (haftungsbeschränkt) reserves the right to withdraw offers at any time. Circlesta UG (haftungsbeschränkt) brokers purchase and sale transactions as well as real estate rentals between its customers. Circlesta UG (haftungsbeschränkt) is authorized to conclude contracts on behalf of the customer. However, Circlesta UG (haftungsbeschränkt) is not obliged to check the creditworthiness of the contractual partners.
Circlesta UG merely mediates contact between customers and third-party companies in order to facilitate the conclusion of contracts such as financing agreements or purchase contracts. However, Circlesta UG assumes no guarantee or liability for the quality, safety, availability or accuracy of the products or services of the recommended or brokered companies. Liability for the services of the recommended or brokered companies lies solely with these companies, and the customer has the rights and claims to which he is legally entitled vis-à-vis these companies.
Brokerage contract
The brokerage contract between the customer and us is concluded either by written agreement or by the use of our brokerage services on the basis of or with knowledge of the commission payable for the successful brokerage/provision of evidence. Unless the circumstances or deviating agreements indicate otherwise, the contract shall have a term of six months and shall be automatically extended by a further month in each case unless one of the contracting parties has given one month’s notice of termination before the end of the contract.
Sole commissioning
In the case of an exclusive mandate, the customer is not entitled to commission other brokers with brokerage and/or verification activities concerning the contractual property during the term of the brokerage contract with us. In the event of a culpable breach of this provision, the customer shall be liable to us for any losses incurred as a result.
Liability
Our brokerage and/or verification activities are based on the information and data provided to us by our contractual partners or other parties authorized to provide information. No liability is assumed for this. Errors and/or prior sale or rental are reserved. Circlesta UG (haftungsbeschränkt) is liable for damages caused by it, its legal representatives or vicarious agents intentionally or through gross negligence. In the event of a slightly negligent breach of material contractual obligations, Circlesta UG (haftungsbeschränkt) shall only be liable for typical and foreseeable damage. Liability under the Product Liability Act remains unaffected. Circlesta UG (haftungsbeschränkt) shall only be liable for financial losses in the event of culpable breach of material contractual obligations.
Commission claim
We receive a commission for our brokerage activities. The commission claim is due in accordance with Section 652 (1) BGB upon conclusion of the effective main contract, if the main contract is based on our contractual brokerage activities. The customer is obliged to inform us immediately when, for what fee and with which parties the main contract was concluded. The obligation to provide information shall not be affected by the fact that the main contract is subject to a condition precedent and this has not yet occurred.
Conflict of interest
Provided there is no conflict of interest, we are also entitled to act for the other party to the main contract subject to commission.
Amendment of the main contract
If a rental agreement is concluded between the parties to the main contract for the contractual property instead of the originally intended purchase agreement or rental agreement, or vice versa, as a result of our brokerage and/or verification activities, this shall not affect the commission claim. The usual brokerage fee within the meaning of Section 653 (2) BGB shall then be deemed owed.
Prior knowledge
If the customer is aware of the contractual opportunity regarding the offered contractual object and the contractual readiness of the other party to the main contract (prior knowledge) when concluding the brokerage contract or if he obtains this knowledge from a third party during the term of the brokerage contract, he must inform us of this immediately.
Confidentiality
Our property exposés, the property/contract-related information provided by us as well as our entire brokerage and/or brokerage activities are intended exclusively for the customer(s) addressed in each case as the recipient. The client is obliged to handle the information confidentially after conclusion of the brokerage contract and not to pass it on to third parties. If the customer culpably breaches this obligation, he shall be liable to us for damages if the success of our brokerage and/or verification activities is not achieved as a result. If the main contract is concluded with a third party as a result of the unauthorized disclosure of the information, the customer shall be liable to us for payment of the lost commission.
Obligation to provide information
The customer is obliged to inform us immediately when, for what consideration and with which parties the main contract was concluded. The obligation to provide information shall not be affected by the fact that the main contract is subject to a condition precedent and this has not yet occurred.
Severability clause
Should individual provisions of these GTC be or become invalid, this shall not affect the validity of the remaining provisions. In place of the invalid provision, a provision shall be deemed to have been agreed which comes closest to the meaning and purpose of the invalid provision in a legally effective manner. The same applies in the event of a loophole.
Place of jurisdiction and applicable law
The place of jurisdiction for all disputes between us and our customers shall be the registered office of Circlesta UG (haftungsbeschränkt). The law of the Federal Republic of Germany shall apply.
