Status: 09/2022
The following General Terms and Conditions (GTC) have become the basis of the brokerage contract. The customer has acknowledged the inclusion of these GTC in the brokerage contract and confirms that a copy of these GTC has been provided to him or that he has been made aware of the possibility of viewing these GTC on the Internet at weltmann.ae/agb.
By requesting the exposé with knowledge of our commission expectation, a brokerage contract subject to commission is concluded between the recipient (broker client) and the WELTMANN Group for the property offered, of which these General Terms and Conditions are an integral part and which are hereby accepted by the broker client.
The offers and information sent by the WELTMANN Group, in particular exposés and their content, are confidential and intended only for the respective recipient. Disclosure to third parties is prohibited without the express prior written consent of the WELTMANN Group. If the broker-client violates this obligation and the third party or another person to whom the third party in turn passed the information concludes the main contract, which would be subject to commission according to these conditions, the broker-client is obliged to pay compensation in the amount of the commission based on these conditions. The broker client reserves the right to prove that lower or no damages were incurred. Any further claims for damages by the WELTMANN Group due to unauthorized disclosure of information remain unaffected.
The offers of the WELTMANN Group are subject to change and non-binding. Errors and prior sale/subletting reserved. The property-related information is based on the information provided to us, in particular by the seller/landlord. The WELTMANN Group accepts no liability for their accuracy and completeness. It is therefore the responsibility of the customer to check the object information and details for accuracy. Liability for the correctness and/or completeness of the content of this information is only assumed in the case of intentional or grossly negligent conduct.
The disclosure (=proof) of the property address and/or the provider is made with express reference to the commission claim of the WELTMANN Group in the event of purchase or rental.
The WELTMANN Group’s entitlement to commission arises as soon as a main contract for the named property has been concluded on the basis of the evidence and/or brokerage provided by the WELTMANN Group. In this case, contributory causality of the broker’s activity is sufficient. If the main contract is concluded on terms other than those originally offered or if it is concluded for another object of the contractual partner proven by the WELTMANN Group, this shall not affect the WELTMANN Group’s claim to commission as long as the transaction concluded is economically identical to the transaction offered or differs only insignificantly in its economic success from the transaction offered. The entitlement to commission therefore arises in particular in the case of purchase instead of rental, acquisition of company shares instead of properties and vice versa, heritable building rights instead of purchase as well as exchange instead of purchase or rental.
The commission claim is due upon conclusion of the purchase contract/lease agreement. The commission is payable after issuance of the invoice. The WELTMANN Group has the right to be present at the conclusion of the main contract. If the main contract is concluded without the participation of the WELTMANN Group, the customer is obliged to inform the WELTMANN Group immediately about the essential content of the main contract and the basis for calculating the commission claim.
A buyer’s commission shall be payable to the WELTMANN Group by the brokerage client in the amount specified in the exposé upon proof of the opportunity to conclude a contract or for the brokerage of a contract.
The WELTMANN Group is also entitled to act on behalf of the other party to the contract (seller/lessor) for a fee or free of charge. In case of dual activity we are obliged to impartiality.
If the customer is already aware of the object offered by the WELTMANN Group, he must inform the WELTMANN Group of this immediately, at the latest within 3 calendar days, and provide evidence of this at the request of the WELTMANN Group. If the customer fails to do so, he shall reimburse the WELTMANN Group for all expenses incurred by the WELTMANN Group as a result of the fact that the prior knowledge was not pointed out or was pointed out late.
Requirements for receiving a tipster commission are:
Liability for negligent behavior on the part of the WELTMANN Group, its legal representatives or vicarious agents is excluded. This shall not apply if the damage consists of injury to life, limb or health or is based on the breach of a material contractual obligation (cardinal obligation) or the absence of a specific characteristic guaranteed by the WELTMANN Group.
The WELTMANN Group is not obliged and not prepared to conduct dispute resolution proceedings before a consumer arbitration board in accordance with the provisions of the German Consumer Dispute Resolution Act (VSBG) in the event of a dispute arising from or relating to a contractual relationship between the WELTMANN Group and a consumer before legal action is taken.
Place of fulfillment and jurisdiction for Dubai UAE.
Should one or more of the above provisions be invalid, this shall not affect the validity of the remaining provisions. This also applies if one part of a provision is invalid but another part is valid. The respective invalid provision shall be replaced between the parties by a provision that comes closest to the economic interests of the contracting parties and otherwise does not conflict with the contractual agreements.
