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General terms and conditions

GardaBusiness GmbH operates the website, a portal which deals with all aspects of property on and around Lake Garda, where private and commercial suppliers (estate agents, building contractors etc.) can present their services, property offers and property searches. With the help of the general search function of the website offers and searches which have been entered by customers are accessible alongside other services and commercial property offers and searches.

1. The contract

1.1 The contract is for services which customers order from the range offered by GardaBusiness GmbH or which are confirmed by GardaBusiness GmbH after they have been ordered by the customer.
1.2 The contract is completed when GardaBusiness GmbH gives a confirmation of the services the customers have ordered. In case of online services the confirmation is replaced by their activation.

2. Services of GardaBusiness GmbH

2.1 The customer can order services, property offers or searches, which correspond to the guidelines in accordance with item 3, on the website via his or her own online access. GardaBusiness GmbH reserves the right within the limits of technology and market conventions to design and change the website including all functionalities and contents.
2.2 GardaBusiness GmbH as Webhosting-Provider stores the customer’s offer and keeps it (so called Hosting) on their servers. GardaBusiness GmbH does not owe the transmission of information to the requesting user.
2.3 The provision of all technical installations which are needed to recall the data, as well as transmission services and access to the internet are not object of the services provided by GardaBusiness GmbH.
2.4 Necessary interruptions to the server will, whenever possible, be carried out by GardaBusiness GmbH outside the main visiting hours of the portal and outside the usual business hours. The servers of GardaBusiness GmbH are equipped with state of the art technology with security installations against loss of data, unauthorized access to data and against malicious programmes (viruses, worms, Troyans and other). In the event of disruption of the server GardaBusiness GmbH will take immediate action to eliminate these.

3. Responsability of the customer and contents of the property offers

3.1 The customer has sole legal responsibility for all data, pictures, offers and other information to GardaBusiness GmbH and to third parties, in particular users and visitors of the website
3.2 Should GardaBusiness GmbH be used by a third party – regardless in what way – due to these data, offers, pictures or other information or contents, including added links, the customer is obliged to exempt GardaBusiness GmbH thoroughly from all damage and obligations resulting from these.
3.3 Notwithstanding the customer’s responsibility the following regulations are in place for the contractual property offers:
3.3.1 Object of the property offers must only be properties which are available for sale, rent or leasing and are on offer on the property market. Objects which are no longer available or on offer on the property market must be deleted by the customer immediately.
3.3.2 All data concerning the property must be complete and correct in actual and legal respect.
3.3.3 The customer must have his own valid marketing contract for property offers. The mere – whether against payment or free of charge – concession of the use of in favour of a third party or the provision of access data to a third party, who do not have a direct contractual relationship with GardaBusiness GmbH, is explicitly forbidden.
3.4 Property offers must not be unreasonably overlaid by commercial presentation of the company. GardaBusiness GmbH reserves a judgement according to the following criteria:
• Pictures have to present the object on offer or parts of it; overlays of company signs (in particular logos), presentations of customers, natural persons or other motives which do not relate to the object – referring to each individual picture– must be given a clearly subordinate function.
• Verbal presentations of companies and/or references to websites of the customer or another third party within the exposé, which exceed the mere identification of the provider as laid down by law and a brief descriptive appendix, must be avoided.
• Information on the property offer must be free of charge for the user and must be accessible without additional registration. It must not be forwarded to internet, telephone or other tele-services which are subject to a charge.
• Standard and prefabricated houses, projected plans for properties as well as compulsory auctions have to be marked as such by the customer.

4. Obligation to maintain secrecy

4.1 The password, which gives the customer access to his or her personal area and thus makes it possible to collect data and recall services, must be treated with absolute confidentiality and not be shared with a third party.
4.2 The customer should take appropriate and reasonable steps to prevent his or her password and other access data being acquired by a third party. Moreover, the customer should also take care not to pass on the data about his property in the form which was technically edited (exposé) by GardaBusiness GmbH to a third party or make any of it accessible to a third party.

5. Rights

5.1 All rights (copyright, trademark and other protective rights) in the databank work, the databank and the contents entered in it, the data and other elements are invested exclusively with GardaBusiness GmbH; that shall not affect any rights of the customer to the contents entered by him or her. Within the limits of these conditions of use the provider has the right, while exclusively using the online search masks provided by GardaBusiness GmbH, to make individual data sets visible on his screen and to produce a printout for their permanent visualization.
5.2 An automated inquiry with the help of scripts or other is not permitted. Copyright references of other protective rights on the website of GardaBusiness GmbH must not be changed. The provider must not use the data obtained from inquiries neither completely, nor in parts or in extracts to (a) compile a databank of his or her own in any type of medial form and/or (b) for commercial use of the data or the provision of information and/or (c) for other commercial uses. Linking, integration or otherwise combining the databank or some elements of the databank with other databanks or meta-databanks is not allowed.
5.3 By submitting the contents intended for insertion in the databank the customer gives GardaBusiness GmbH the right to use these contents indefinitely for the form of use requisite for insertion and loading in the databank and retrieval by third parties and especially to store, reproduce, load, transfer and publish and make publicly accessible the contents, even in the form of advertising materials by GardaBusiness GmbH or of advertising materials of a third party (cooperation partners of GardaBusiness GmbH). Moreover, GardaBusiness GmbH has the right to change the contents, in particular if they do not correspond to the requirements as stated here.

6. Dispatch of additional information and offers, additional distribution of offers

6.1 GardaBusiness GmbH has the right, but is not obliged, to dispatch to customers and consumers their own and other additional information or additional offers, which are connected to the intended sale/purchase or the intended letting/renting of an offered property or to other services.
6.2 GardaBusiness GmbH has the right, but is not obliged, to carry out an additional distribution of the range of offers, which is free of charge for the customer via cooperating internet platforms, real estate exchanges and other partners.

7. Explicit reference to brokerage demands

7.1 Offers, which require a brokerage or some other kind of payment in case that a business transaction is concluded will have to explicitly mention this in the offer, they must also state the amount of payment (gross inclusive of valid legal sales tax) and who is entitled to remuneration.

8. Payment/Delayed Payment

8.1 Prices and products for the individual services of GardaBusiness GmbH adhere to the price list in use at the moment of ordering and the range of products and the commissioning made by the customer.
8.2 The invoice is effected exclusively in electronic form (with qualified digital signature).
8.3 Payment for GardaBusiness GmbH services is due in advance on receipt of the invoice.
8.4 In the case of delayed payment GardaBusiness GmbH reserves the right to hold back its own contractual services until full settlement has been accomplished. Costs which arise for GardaBusiness GmbH due to recovery of outstanding debts or through returned direct debits have to be covered by the customer.
8.5 Any rights of the customer from this contract can not be transferred to a third party.

9. Ban/Deletion of contents

9.1 GardaBusiness GmbH has the right to completely or partly delete items from their website which were entered by the customer if they either break the rules stated here or legal regulations, or infringe the rights of a third party.
9.2 The customer will be informed by GardaBusiness GmbH about the deletion that has taken place. In the case of an unsuccessful caution and/or repeated offence GardaBusiness GmbH has the right to end their services. The claim for the service in return is not affected by this.

10. Renewal of duration of the contract

10.1 The duration of the contract is regulated by the order and amounts to 12 months – unless agreed on otherwise.
10.2 The contract is automatically extended by another year after the 12-month validity expires, if the contract is not cancelled within a minimum of 30 days before the expiration. The right to an extraordinary termination of the contract for good reason shall not be affected.
10.3 To come into effect the notice to terminate the contract must be given in writing or in electronic form which is a substitute (§ 126 a BGB/ German Civil Law – qualified digital signature).

11. Right of withdrawal

11.1 Users in the sense of §13 BGB/German Civil Law can withdraw from their declaration of the contract in a written form (for example letter, fax, email) within two weeks without stating any reasons.
The time limit for the withdrawal begins upon receipt of this instruction in written form, however not before conclusion of the contract. In order to meet the time limit for the withdrawal it is sufficient to dispatch the revocation in time. In the event of effective revocation, the services which have already been received by either party shall be returned and any benefits (for example customer benefits) that may have been accrued shall be released.

Revocation must be declared to:
GardaBusiness GmbH
Immobilien Marketing
Neues Zeltner Eck
Zeltnerstraße 3
D-90443 Nürnberg

11.2 Entrepreneurs in the sense of § 14 Bürgerliches Gesetzbuch (BGB = German Civil Law), who on conclusion of the contract act to exercise their commercial or independent activity, do not have the right of withdrawal.

12. Liability

12.1 GardaBusiness GmbH is only liable for any damage caused by the company or its agents – regardless of the cause in law including any unlawful act – if GardaBusiness GmbH or its agents have infringed a contractual obligation (cardinal obligation) and can be accused of having threatened the contract or if the damage was caused by gross negligence or with intent by GardaBusiness GmbH or its agents.
12.2 If the culpable violation of a contractual obligation (cardinal obligation) is not due to gross negligence or with intent, then the liability of GardaBusiness GmbH is limited to such damage as GardaBusiness GmbH might reasonably have foreseen on conclusion of the contract.
12.3 The limitation of liability applies also to the extent of any damage. In all cases mentioned above liability is limited to a financial loss of 2.500 €.

13. Privacy Policy

13.1 The data provided by the customer to GardaBusiness GmbH will be stored and processed by GardaBusiness GmbH according to the uses which are mentioned above and which result from the contractual relationship. GardaBusiness GmbH will adhere to the regulations of the law for data protection.
13.2 The customer is obliged to use the information he or she will receive through the website about the users and visitors of his or her property offers only in connection with these. Each transmission of user/visitor data to a third party or use for other purposes is expressively forbidden.

14. Other regulations

14.1 GardaBusiness GmbH reserves the right to change these general terms and conditions. The changed conditions will be communicated or made accessible to the customer via email or with the help of the customer portal at least two weeks before coming into effect.
14.2 Should the customer not object to the modification of the new terms and conditions within two weeks after receipt of the email, said changed terms and conditions shall enter into full force and effect.
14.3 Collateral agreements between GardaBusiness GmbH and the customer which differ from these general terms and conditions and have been agreed on after conclusion of the contract come only into effect if they have been confirmed in text form (for example email) or in writing by GardaBusiness GmbH. This applies also to the renunciation of the requirement of the text- or written from.
14.4 If the customer is an entrepreneur, Nuremberg is agreed place of jurisdiction.