Camino del Lago Salado, 4
11130 Chiclana de la Frontera
Mobile phone: (0034) 609323347 - (0034) 609608899
Tax number: CIF ES B72330137
Purchase tax no.: CIF ES B72330137
Business owner: Sabine Wesseln, Michael Paessler
CEO: Sabine Wesseln; Michael Paessler
Online-Streitbeilegung gemäß Art. 14 Abs. 1 ODR-VO: Die Europäische Kommission stellt eine Plattform zur Online-Streitbeilegung (OS) bereit, die Sie hier finden: ec.europa.eu/consumers/odr
General Terms and Conditions between broker and customer as consumer
1 Forwarding prohibition
All information, including the broker's property records, is expressly intended for the customer. It is expressly forbidden to this to pass on the object proofs and object information to third parties without the express consent of the broker, which must be given in writing beforehand. If a customer violates this obligation and the third party or other persons to whom the third party has passed on the information conclude the main contract, the customer is obliged to pay the broker the commission agreed with him plus value added tax.
2 Duplication of activities
The broker may act for both the seller and the buyer.
3 Owner information
The broker points out that the property information passed on by him comes from the seller or from a third party commissioned by the seller and has not been checked by him, the broker, for its correctness. It is the customer's responsibility to check these details for accuracy. The broker, who only passes this information on, does not assume any liability for the correctness.
4 Duty to inform
The client (owner) is obliged to ask the broker before concluding the intended contract of sale, stating the name and address of the intended contractual partner, whether the intended contractual partner was brought in by his activity. The client hereby authorises the broker to inspect the land register, official documents, in particular construction files, as well as all information and inspection rights vis-à-vis the property manager to which the client is entitled as condominium owner.
5 Replacement and follow-up business
The client is also obliged to pay a fee in accordance with our agreed commission rates in the event of a replacement transaction. Such a situation exists, for example, if the client learns another opportunity to conclude the main contract in connection with the activity performed by the broker from his potential main contractual partner proven by the broker or concludes the main contract with the legal successor of the potential main contractual partner via the proven opportunity or purchases the proven object by purchase instead of renting, leasing or vice versa. In order to trigger the commission obligation for substitute transactions, it is not necessary that the transaction subject to commission must be economically equivalent to the originally planned transaction in the sense of the conditions developed by the jurisdiction to the concept of economic identity.
6 Reimbursement of expenses
The customer is obliged to reimburse the broker for the verifiable expenses incurred in fulfilling the order (e.g. advertisements, Internet presence, telephone costs, postage, property inspections and travel costs) if a contract is not concluded.
7 Limitation of liability
The liability of the broker is limited to grossly negligent or intentional conduct, as long as the customer does not suffer physical injury or lose his life through the behaviour of the broker.
8 Limitation of actions
The period of limitation for all claims for damages of the customer against the broker is 3 years. It begins at the time when the act triggering the obligation to pay damages has been committed. Should the statutory statute of limitations lead to a shorter statute of limitations for the broker in individual cases, these shall apply.
9 Place of jurisdiction
If the broker and the customer are registered traders within the meaning of the German Commercial Code, the place of performance for all obligations and claims arising from the contractual relationship and the place of jurisdiction shall be the registered office of the broker.
10 Severability Clause
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 invalid provision shall be replaced by a provision between the parties which comes closest to the economic interests of the contracting parties and otherwise does not run counter to the contractual agreements.
Guidelines for the preparation of individual agreements
Freely negotiated contracts, so-called individual contracts, always take precedence over general terms and conditions. Since brokerage contract law is permeated by the principle of contractual freedom, all agreements can be made effectively by individual contracts up to the limits of immorality, illegality and abuse. However, individual agreements are very difficult to draw up. The individual contract must be freely negotiated in order to determine, discuss, clarify and formulate and sign by mutual agreement the different interests, ideas and opinions of the parties. Individual agreements are very difficult to draw up. The individual contract must be freely negotiated in order to determine, discuss, clarify and formulate and sign by mutual agreement the different interests, ideas and opinions of the parties. This is the golden compromise to be negotiated. The broker has to disclose everything to his client, which normally does not grant him the commission, which he, however, would like to successfully assert by agreement with his client. This is because the broker is obliged to provide evidence for an individually negotiated clause. He must prove that the clause has really been negotiated, and he has a witness to this at his disposal during the negotiations.
Such a case may be illustrated by the example of negotiating a qualified brokerage contract: The broker submits a simplified form contract, a so-called simple brokerage contract in the form of general terms and conditions, and discusses the individual clauses with the customer and explains them to him. The simple broker's general order merely prohibits the customer from employing further brokers during the term of the contract. Then the broker explains to the customer the qualified form of the broker general contract that he would like to be consulted with prospective buyers of the client, who are to be referred to him, so that he can complete the transaction successfully and receives in the case of the offence against this agreement the full commission resulting in the case of success. This individual agreement should be handed over to the client in a special document, combined with a maximum reflection period of perhaps 2 days. If the customer countersigns this agreement, the individual agreement should with some certainty stand up to review by the courts.
Individual agreements and not general terms and conditions are to be concluded in the following cases:
a. When agreeing a so-called qualified brokerage contract
The so-called qualified brokerage contract restricts the freedom of the broker customer insofar and to the extent that the customer may neither call in further brokers for the duration of such a contract nor is he allowed to sell the property himself. The prohibition of the own transaction means that during the term of the qualified brokerage order only the broker is entitled to prove and mediate the object who has concluded the contract with the customer and the customer has to refer all interested parties whom he finds himself or who approach him because of the purchase of the object to his commissioned broker, to involve the broker so that he can successfully conclude the transaction between seller and buyer. This case is usually connected with the further agreement that in the event of a breach of the agreed inclusion and referral clause, the client shall pay the full commission.
b. At the acquisition of the property in the foreclosure sale
An individual agreement must be made to secure the broker's commission in the event of the acquisition of the customer's property by way of forced sale. This is necessary because the brokerage contract law grants the broker a commission claim for the proof or the mediation of a contract (§ 652 I S. 1 BGB), but not for the acquisition of the property within the scope of a sovereign act, namely the knockdown in the forced auction. This does not change the fact that the economic result is achieved in the same way when the land is acquired.
c. In the case of the so-called interdependencies
If the customer promises the broker a commission in knowledge of circumstances that prevent the broker from charging a commission, then the customer must pay the commission. Interdependencies usually require the successful conclusion of the transaction, the legally effective notarial contract. However, they find their deficiency in the causal context. As a rule, these are agreements regarding remuneration which, according to the will of the parties, are to be independent of a causal activity of the broker within the meaning of § 652 I sentence 1 ("as a result"). In the case of such a commission promise, the customer is aware of the links between the broker and the fact that the broker cannot receive any commission in these cases. d. For non-performance-related commission promises
The payment of a commission independent of success contradicts the model of the brokerage contract right. Because the brokerage contract presupposes a broker customer who is free in his decisions and who only has to pay the commission in the event of success, i.e. with the legally effective conclusion of the notarial contract. Therefore, a commission independent of success can never be guaranteed by pre-formulated general terms and conditions, but always only by individual agreements. For this there is a fire-new decision of the Federal High Court of 12.10.2006 to the file number III ZR 331/04, in which the BGH clarified that the statement of a customer, it is paid with a sales of the house in each case a commission to the broker, such independent success-independent commission promise can represent, even if the contract comes finally without the broker. A condition is that the broker did something at all, as for instance to provide an Exposee. Only if any consideration of the broker is missing, a donation promise could be present, which would be ineffective without notarial certification.
Web site content
The author assumes no liability whatsoever for the topicality, accuracy, completeness or quality of the information provided. Liability claims against the author based on material or immaterial damages, which are caused by the use or non-use of the information provided and/or the use of erroneous and incomplete information, are fundamentally excluded, insofar as there is no demonstrable malicious intent or grossly negligent fault on the part of the author.
All offers are subject to change without notice and are without obligation. The author expressly reserves the right to change, supplement, or delete parts or all of the Web site without notice, or to discontinue the publication temporarily or permanently.
References and links
In the case of direct or indirect references to external Web sites ("hyperlinks"), which are not the responsibility of the author, liability on the part of the author would apply exclusively in a case in which the author was aware of the contents and if it were technically possible and reasonable for him to prevent use in the case of illegal content.
The author herewith declares explicitly that no illegal content was found on the Web sites to be linked at the time the links were created. The author has no influence on the current and future design, contents or origination of the linked Web sites. For this reason he therefore distances himself explicitly from all content of all linked Web sites that were changes after the links were created. This statement applies to all links and references created within the authors own Internet Web site as well as to external entries in guest books, discussion forums, link directories, and mailing lists created by the author and all other forms of databases which can be write-accessed externally. For illegal, erroneous or incomplete content and in particular for damages that arise from the use or non-use of information provided in such fashion, sole responsibility is borne by the provider of the Web site to which reference was made, not by the person who merely referred to the relevant publication via links.
Copyright, brand and trademark rights
The author undertakes to respect the copyrights of the images, graphics, audio documents, video sequences and texts used in all publications, to use images, graphics, audio documents, video sequences and texts created by him or to make use of graphics, audio documents, video sequences and texts which are not subject to licenses.
All brands and trademarks mentioned within the Internet Web site and those protected by third parties are subject without restriction to the provisions of the relevant brand and trademark law and the ownership rights of the relevant registered owners. The mere mention of these does not lead to the conclusion that trademarks and brands are not protected by the rights of third parties!
The copyright for published objects created by the author belongs exclusively to the author of the Web site. Reproduction or use of such graphics, audio documents, video sequences and texts in other electronic or printed publications is permitted only with the prior explicit consent of the author.
Insofar as the possibility of entering personal or business data (e-mail addresses, names, addresses) exists, the disclosure of these data by the user is entirely voluntary. The use and payment of all services offered is - insofar as this is possible and reasonable - permitted without disclosure of such data or with the provision of anonymized data or pseudonyms. The use of the contact data published as part of the company information or similar information, such as postal addresses, telephone and fax numbers as well as e-mail addresses by third parties for the purpose of transmitting information which has not been specifically requested is prohibited. We explicitly reserve the right to take legal action against senders of so-called spam mail in the case of violations of this prohibition.
Legal validity of this disclaimer
This disclaimer is to be considered as part of the Internet Web site which referred to this site. Insofar as parts or individual formulations of this text do not comply, no longer comply or do not completely comply with applicable law, the content and validity of the remaining parts of the document remain thereby unaffected.
Registering on our website
Provision of paid services
In order to provide paid services we will request additional data, e.g. payment information. In order to protect the security of your data during transmission we use encryption processes corresponding to state of the art of technology (e.g. B. SSL) via HTTPS.
When you subscribe to our newsletter the data you provid will be used exclusively for that purpose. Subscribers may also be informed by e-mail of circumstances that are relevant for the service or registration (for example changes to the newsletter offer or technical circumstances). For effective registration we need a valid e-mail address. In order to verify whether the owner of the email address is actually the one registering, we use the “double opt-in” procedure. For this purpose we log the newsletter order, the dispatch of the confirmation e-mail and the receipt of the reply thereby requested. No further data will be collected. The data will be used exclusively to mail the newsletter and will not be passed on to third parties. You can revoke your consent to the storage of your personal data and use thereof to mail the newsletter at any time. Each newsletter contains an appropriate link for that purpose. You can also unsubscribe at any time either directly on this website or by submitting a request to that effect using the contact details specified at the end of this document.
If you contact us by e-mail or contact form the information provided by you will be stored for the purposes of processing the enquiry, as well as for possible follow-up queries.
Deleting or blocking the data
We adhere to the principles of data reduction and data economy. We therefore only store your personal data as long as this is necessary to achieve the purposes specified herein or in accordance with the various storage periods prescribed by applicable legislation. Once the respective purpose has ceased or those storage periods have ended, the relevant data will be blocked or deleted routinely and in accordance with the provisions of law.
Use of Google Analytics
This website uses Google Analytics, a web analysis service provided by Google Inc. (“Google”). Google Analytics uses so-called “cookies”, i.e. text files which are stored on your computer and make it possible to analyze your use of the website. The information generated by the cookies on your use of this website will generally be transferred to and stored on a Google server in the USA. However, due to the activation of IP anonymization on this website Google will first abbreviate your IP address in Member States of the European Union or in other contracting states under the Treaty on the European Economic Area. In exceptional cases only, the full IP address will be transferred to a Google server in the USA and abbreviated there. Google will use that information on behalf of the operator of this website to assess your use of the website and compile reports on the website activities, as well as to provide other services to the site operator associated with the use of the website and the use of the Internet. The IP address provided by your browser within the framework of Google Analytics will not be combined with any other Google data.
You can prevent the storage of the cookies by setting your browser software accordingly. However, please note that if you do so you may not be able to use all the functions of this website to their full extent. You can also prevent the recording of the data generated by the cookie that relates to your use of the website (including your IP address) to Google or the processing of that data by Google by downloading and installing the browser plug-in available in the following link: Browser add-on for deactivating Google Analytics
In addition or as an alternative to the browser add-on you can prevent tracking by Google Analytics on our website by clicking this link . An opt-out cookie will then be installed on your device. Recording by Google Analytics for this website and for the relevant browser will thereby be prevented in the future, as long as the cookie remains installed in your browser.
Use of script libraries (Google Webfonts)
To enable the correct presentation of our content in a graphically appealing manner across all the different browsers, we use script libraries and font libraries such as Google Webfonts (https://www.google.com/webfonts/) on this website. Google Webfonts will be transferred into the cache of your browser to avoid multiple loading. If the browser does not support Google Webfonts or prevents the access, content will be displayed in a standard font.
Calling up script libraries or font libraries automatically triggers a connection to the library operator. It is theoretically possible, though it is currently unclear whether and for what purposes this may occur, that operators of relevant libraries will collect data.
Use of Google Maps
You can find detailed instructions on the management of your own data in connection with Google products here.
Embedded YouTube videos
We embed YouTube videos on some of our web pages. The operator of the relevant plug-ins is YouTube, LLC, 901 Cherry Ave., San Bruno, CA 94066, USA. If you visit a page with the YouTube plug-in a connection is created with YouTube’s servers and YouTube will be notified which pages you visit. If you are logged into your YouTube account, YouTube will be able to personally ascribe your surfing behavior to you. You can prevent this by first logging out of your YouTube account.
If you start up a YouTube video the provider will install cookies that collect information on user behavior.
If you have deactivated the storage of cookies for the Google ad program you will also not receive such cookies when watching YouTube videos. However, YouTube also places non-personal usage information in other cookies. If you would like to prevent this you must block the storage of cookies in your browser.
We have integrated the following companies’ social media buttons into our website:
- Facebook Inc. (1601 S. California Ave - Palo Alto - CA 94304 - USA)
- Twitter Inc. (795 Folsom St. - Suite 600 - San Francisco - CA 94107 - USA)
- Google Plus/Google Inc. (1600 Amphitheatre Parkway - Mountain View - CA 94043 - USA)
- XING AG (Gänsemarkt 43 - 20354 Hamburg - Germany)
Your rights to information, correction, blocking, deletion and objection
You have the right to obtain information at any time on the data stored by us, which concerns you. You also have the right to correction, blocking, or, with the exception of the prescribed storage of data for the performance of the transaction, deletion of your personal data. To this end, please contact our data protection officer. You can find contact details at the bottom of this page. To ensure that a data block can be taken into account at any time, that data must be held in a blocking file for control purposes. You may also demand the deletion of the data, provided that there is no statutory archiving requirement. If such an obligation exists we will block your data at your request. You may make changes or revoke your consent, effective for the future, by sending us an appropriate notification.
Recording of general information
If you access our website, general information will be automatically recorded. That information (server log files) includes, for example, the type of web browser, the operating system used, your Internet service provider domain names and the like. This is exclusively information that does not permit any inferences to be made regarding your person. That information is technically necessary in order to correctly deliver website content requested by you and arises as a matter of course during Internet use. Anonymous information of this kind will be statistically evaluated by us for the purpose of optimizing our Internet presence and the technology behind it.
Changes to data protection provisions
Camino del Lago Salado, 4
11130 Chiclana de la Frontera
Mobile phone: (0034) 609323347 - (0034) 609608899
You may, but do not have to, use the enclosed sample cancellation form. Consequences of Revocation In the case of an effective revocation, the services received by both sides must be returned and any benefits received (e.g. interest) reimbursed. If it is not possible to return the service provided in part or in full or if it can only be returned in a deteriorated condition, then it is possible that you will have to provide compensation for loss of value. This could mean that you will have to fulfill the contractual payment obligations for the time period leading up to the revocation. Obligations for reimbursing payments must be fulfilled within 30 days. The period begins for you upon dispatch of the notice of revocation and for us upon receipt of the same. Special note: Your right of revocation will expire prematurely if the contract has been executed in full by both parties at your explicit request prior to your exercising your right of revocation.