General terms of trade (GTT), mediation conditions and commission table

We consider the commercial relation with our customers a bond of trust and always take care to execute all orders with the care of a regular businessman. Requesting our (also oral) offers as well as applying our offers or the claim or tolerance of our services results in the conclusion of an estate agent's contract to which the following conditions and fee rates apply:

With placing an order the mandator binds to pay the arranged commission plus the legal value added tax. The arranged commission is payable if an effective rental agreement comes about the proved object orally or in writing. The contract does also come about without written rental agreement, with the rental property handed over to the mandator for real use.

The mediation order can be given in writing or orally. In fulfillment of the order the mandator gets offers from property owners. Proof can be led by telephone or in writing (e.g. by fax or email). Should an object designated by the contractor already be known to the mandator, he is obliged to inform the contractor of this immediately. If an indication to an existing previous knowledge remains undone, the mandator cannot later refer hereto any more.

By agreeing to the rental (orally/in writing) of an object proved by the contractor, the general terms of trade and mediation conditions as well as the following commission table are considered as accepted. The commission payments are payable immediately.

A commission rate of 200% of a monthly rent defines the maximum of our charges. Under the conditions specified below the following progressive commission rates apply according to the arranged rental period:

Commission table:

Rental period up to  1 month  30% of a monthly rent Rental period up to  2 months  40% of a monthly rent Rental period up to  3 months  55% of a monthly rent Rental period up to  4 months  70% of a monthly rent Rental period up to  5 months  85% of a monthly rent Rental period up to  6 months 100% of a monthly rent Rental period up to  8 months 120% of a monthly rent Rental period up to 10 months 135% of a monthly rent Rental period up to 12 months 150% of a monthly rent Rental period over 12 months 200% of a monthly rent Unlimited rental period     200% of a monthly rent in each case plus 19% value added tax (VAT)

Conditions of the commission progression:
- payment of the commission within 14 days after bill position;
- immediate announcement of a rental continuation directly arranged with the landlord and thereby resulting partial commission payment;
- no unauthorized passing on of the rental address announced to the mandator to third parts, e.g., for renting of the object without payment of the agent's commission otherwise payable.

Nonobservance of the named conditions result in the automatic charge of the full commission of 200%.

The overall rent named by the landlord including the additional costs serves on principle as the basis for calculation of our commission rates. Later reductions of the rent found no claim to allowance of differences after payment of the original commission bill.

The rental time arranged by contract serves as commission-obliged rental period for the purposes of the mediation conditions. By continuation of the rental period originally arranged, the commission claim later to be paid to the agent is calculated according to the commission table specified above. In this case the whole rental period applies retroactively. The same applies to continuation options used and unlimited contracts. With agreement of the continuation or protection of the continuation option of a rental period the raised commission claim becomes payable immediately.

Already paid and payable commissions also found no claim to repayment of the commission with a premature ending of the rental.

Our offers and announcements are determined exclusively for the receiver/mandator and are to be treated confidentially. A passing on to third parts needs our written agreement. If the offers/information given by us are passed on unauthorized to third parts, so that a rental agreement is also concluded without our helping, the mandator owes the full commission of the amount of 200% of a monthly rent plus VAT.

The contractor only creates the presupposition by his activity as a proof estate agent that property owners and mandators meet. The liability of the contractor beyond his contractual field of activity is expelled. The arrangement of the rental lies in the responsibility of the mandator. The contractor is responsible neither for the state of the object nor for promises of the property owner and losses, which result from the nonconclusion of a planned rental.

The mandator binds to inform the contractor immediately if a valid deal has come about on account of the activities of the contractor or the mediation order is disposed of altogether.

If substitute or consequence contracts are to be led back to the first proof of the contractor, commissions are to be compensated also, according to the table named above. This applies, e.g., to a move within the same house, or to a move into another object of the same property owner, not named by the contractor from the start, or the rental of additional property for third persons (e.g. assistants, colleagues, friends and acquaintances, whose specific names were not named to the contractor) which are to be led back on the contact proved by the contractor.

In addition the legal regulations of §§ 652 following of the German Civil Code (BGB) apply.

Legal venue is Düsseldorf.