allgemeine Geschäftsbedingungen
General Terms and Conditions (GTC) for Real Estate Agents
1. General Provisions
1.1 These GTC are an integral part of every brokerage agreement concluded between Adamle Hospitality FlexCo and the client, unless deviating written agreements have been made.
1.2 Deviating or supplementary conditions of the client shall only apply if we expressly agree to their application in writing.
2. Obligations of the Client
2.1 The client shall actively and faithfully support the agent and promptly provide all relevant information and documents necessary for the mediation of a property.
2.2 Information and business opportunities provided by the agent may not be disclosed to third parties.
2.3 The client undertakes to take all steps and obtain all approvals required for the validity of a mediated legal transaction.
3. Activities as a Real Estate Agent
3.1 Information about properties is based on data provided by the authorized parties. The agent assumes no liability for the completeness or accuracy of this information.
3.2 The transmission of property information by the agent is solely intended to provide potential clients with a basis for decision-making and to invite them to make a non-binding offer to the respective authorized parties (e.g., owners or landlords). It does not constitute a legally binding offer or a guarantee of specific property features.
3.3 The agent generally acts as a "dual agent" for both contractual parties.
3.4 Offers, including the property information contained therein, are subject to change and are non-binding; prior sale, rental, or lease is reserved.
4. Brokerage Commission
4.1 Adamle Hospitality FlexCo, as a real estate agent, is entitled to a brokerage commission in accordance with §§ 6, 7 of the Real Estate Broker Act (MaklerG) upon the successful mediation of a business opportunity. This entitlement arises upon the conclusion of the mediated transaction (utilization of the mediated business opportunity) or the conclusion of a purpose-equivalent transaction pursuant to § 6 para. 3 MaklerG. In the absence of other agreements, an appropriate commission customary for the local market applies.
4.2 The client is also obligated to pay an amount equivalent to the brokerage commission to Adamle Hospitality FlexCo if:
4.2.1 The mediated transaction does not materialize in bad faith solely because the client fails to perform a legally necessary act without significant reason, contrary to the course of previous negotiations (§ 15 para. 1 MaklerG, clause 1).
4.2.2 A different but equivalent transaction is concluded with the mediated party, falling within the agent's area of activity (§ 15 para. 1 MaklerG, clause 2).
4.2.3 The mediated transaction is concluded with a third party to whom the client disclosed the opportunity provided by the agent, or the transaction is concluded with a party suggested by the same interested party (§ 15 para. 1 MaklerG, clause 3).
4.2.4 The mediated transaction is prevented by the exercise of a legal or contractual pre-emption, re-purchase, or right of entry (§ 15 para. 1 MaklerG, clause 4).
4.3 In the case of an exclusive brokerage agreement, the client shall also pay an amount equivalent to the brokerage commission if:
4.3.1 The exclusive brokerage agreement is prematurely terminated by the client without a significant reason (§ 15 para. 2 MaklerG, clause 1).
4.3.2 The transaction is concluded during the term of the exclusive brokerage agreement through another broker engaged by the client (§ 15 para. 2 MaklerG, clause 2).
4.3.3 The transaction is concluded during the term of the exclusive brokerage agreement in another manner than through another broker (§ 15 para. 2 MaklerG, clause 3).
4.4 If, within 12 months of concluding a mediated agreement, an additional agreement regarding the same property or adjacent areas is made, an additional commission entitlement arises. The client is obligated to inform the agent immediately of such agreements.
5. Liability
5.1 The agent is liable only for intent or gross negligence. Liability for slight negligence, consequential damages, or lost profits is excluded.
5.2 Liability is limited to the coverage amount of the agent's liability insurance, except in cases of personal injury or damages caused by gross negligence.
6. Cooperation with Other Agents
6.1 To increase the chances of mediation, the agent may cooperate with other authorized agents without incurring additional costs for the client.
7. Confidentiality
7.1 Adamle Hospitality FlexCo and the client agree to maintain confidentiality regarding transmitted documents, information, brokerage agreements, their subject matter, and related discussions and negotiations.
8. Right of Withdrawal (for Consumers)
8.1 Consumers may withdraw from the agreement within 14 days of conclusion without providing reasons, in accordance with the provisions of the Consumer Protection Act (KSchG) and the Distance Selling Act (FAGG).
8.2 The right of withdrawal lapses if the agent has fully performed the agreed service and the consumer has given prior consent to this.
9. Jurisdiction and Applicable Law
9.1 The place of performance is Vienna. The court with jurisdiction over Vienna shall have exclusive jurisdiction for all disputes arising from the contract.
9.2 Austrian law applies exclusively, excluding the UN Convention on Contracts for the International Sale of Goods.
10. Severability Clause
10.1 Should individual provisions of these GTC be wholly or partially invalid or unenforceable, this shall not affect the validity of the remaining provisions.
1.1 These GTC are an integral part of every brokerage agreement concluded between Adamle Hospitality FlexCo and the client, unless deviating written agreements have been made.
1.2 Deviating or supplementary conditions of the client shall only apply if we expressly agree to their application in writing.
2. Obligations of the Client
2.1 The client shall actively and faithfully support the agent and promptly provide all relevant information and documents necessary for the mediation of a property.
2.2 Information and business opportunities provided by the agent may not be disclosed to third parties.
2.3 The client undertakes to take all steps and obtain all approvals required for the validity of a mediated legal transaction.
3. Activities as a Real Estate Agent
3.1 Information about properties is based on data provided by the authorized parties. The agent assumes no liability for the completeness or accuracy of this information.
3.2 The transmission of property information by the agent is solely intended to provide potential clients with a basis for decision-making and to invite them to make a non-binding offer to the respective authorized parties (e.g., owners or landlords). It does not constitute a legally binding offer or a guarantee of specific property features.
3.3 The agent generally acts as a "dual agent" for both contractual parties.
3.4 Offers, including the property information contained therein, are subject to change and are non-binding; prior sale, rental, or lease is reserved.
4. Brokerage Commission
4.1 Adamle Hospitality FlexCo, as a real estate agent, is entitled to a brokerage commission in accordance with §§ 6, 7 of the Real Estate Broker Act (MaklerG) upon the successful mediation of a business opportunity. This entitlement arises upon the conclusion of the mediated transaction (utilization of the mediated business opportunity) or the conclusion of a purpose-equivalent transaction pursuant to § 6 para. 3 MaklerG. In the absence of other agreements, an appropriate commission customary for the local market applies.
4.2 The client is also obligated to pay an amount equivalent to the brokerage commission to Adamle Hospitality FlexCo if:
4.2.1 The mediated transaction does not materialize in bad faith solely because the client fails to perform a legally necessary act without significant reason, contrary to the course of previous negotiations (§ 15 para. 1 MaklerG, clause 1).
4.2.2 A different but equivalent transaction is concluded with the mediated party, falling within the agent's area of activity (§ 15 para. 1 MaklerG, clause 2).
4.2.3 The mediated transaction is concluded with a third party to whom the client disclosed the opportunity provided by the agent, or the transaction is concluded with a party suggested by the same interested party (§ 15 para. 1 MaklerG, clause 3).
4.2.4 The mediated transaction is prevented by the exercise of a legal or contractual pre-emption, re-purchase, or right of entry (§ 15 para. 1 MaklerG, clause 4).
4.3 In the case of an exclusive brokerage agreement, the client shall also pay an amount equivalent to the brokerage commission if:
4.3.1 The exclusive brokerage agreement is prematurely terminated by the client without a significant reason (§ 15 para. 2 MaklerG, clause 1).
4.3.2 The transaction is concluded during the term of the exclusive brokerage agreement through another broker engaged by the client (§ 15 para. 2 MaklerG, clause 2).
4.3.3 The transaction is concluded during the term of the exclusive brokerage agreement in another manner than through another broker (§ 15 para. 2 MaklerG, clause 3).
4.4 If, within 12 months of concluding a mediated agreement, an additional agreement regarding the same property or adjacent areas is made, an additional commission entitlement arises. The client is obligated to inform the agent immediately of such agreements.
5. Liability
5.1 The agent is liable only for intent or gross negligence. Liability for slight negligence, consequential damages, or lost profits is excluded.
5.2 Liability is limited to the coverage amount of the agent's liability insurance, except in cases of personal injury or damages caused by gross negligence.
6. Cooperation with Other Agents
6.1 To increase the chances of mediation, the agent may cooperate with other authorized agents without incurring additional costs for the client.
7. Confidentiality
7.1 Adamle Hospitality FlexCo and the client agree to maintain confidentiality regarding transmitted documents, information, brokerage agreements, their subject matter, and related discussions and negotiations.
8. Right of Withdrawal (for Consumers)
8.1 Consumers may withdraw from the agreement within 14 days of conclusion without providing reasons, in accordance with the provisions of the Consumer Protection Act (KSchG) and the Distance Selling Act (FAGG).
8.2 The right of withdrawal lapses if the agent has fully performed the agreed service and the consumer has given prior consent to this.
9. Jurisdiction and Applicable Law
9.1 The place of performance is Vienna. The court with jurisdiction over Vienna shall have exclusive jurisdiction for all disputes arising from the contract.
9.2 Austrian law applies exclusively, excluding the UN Convention on Contracts for the International Sale of Goods.
10. Severability Clause
10.1 Should individual provisions of these GTC be wholly or partially invalid or unenforceable, this shall not affect the validity of the remaining provisions.