Terms and Conditions for Users (Interested Parties)
§ 1 Scope
(1) These terms and conditions (GTC) apply to us, FERIMMO GmbH, Geitnerweg 17, D-12209 Berlin, firstname.lastname@example.org (hereinafter, also, "the Provider"), offering products and services through our website www.ferimmo.de in the legal relationship between us and Users of our website who are prospective buyers or prospective tenants. For registered and potential partners of our website, i.e. owners, real estate agents, or similar parties, the special terms and conditions for partners apply.
(2) These Terms and Conditions may be requested by the User at any time by e-mail to email@example.com or in written.
(3) By using the website www.ferimmo.de, the User accepts the current version of these terms and conditions for all legal relationships between the User and FERIMMO GmbH as binding.
(4) The legal relationship between us and the User, as well as the contracts concluded in this legal relationship, are exclusively subject to these GTC. Deviating regulations or regulations of the User are hereby expressly waived. Deviating regulations or regulations of the User are not applicable, even if we do not expressly waive them individually.
(5) In case of the conclusion of a contract for the lease or the purchase of one of the properties presented on our online portal, the lease or purchase agreement is concluded exclusively with the respective owner. For the legal relationship between the owner and the User, the terms and conditions of the respective owner may apply. Likewise, a contract for the provision of services by the service providers represented on our website is concluded exclusively with the respective service provider.
§ 2 Contract Subject Matter – Contract Conclusion
(1) The subject of the contract is the use of the website www.ferimmo.de and the databases described above, as well as the forwarding of communication between renters/prospective buyers and owners, landlords, brokers and service providers regarding the real estate properties or services presented on our website.
(2) The presentation of the availability of real estate properties and service providers via our platform does not constitute a consultation service to the User, but serves solely to support and simplify an independent decision by the User. We determine suitable real estate properties or services for the User, on the basis of User-specified preferences or location information.
(3) The abundance and fluctuation of the real estate properties and service providers offered, as well as the respective prices and booking statuses prevent the presentation of complete and updated availability. Therefore, we cannot guarantee the completeness and availability of the properties and service providers shown on our portal. Also, we cannot guarantee that the respective property or products of the respective service provider represent the most favorable offer for the User. Nevertheless, we strive to objectively and neutrally provide a choice for the User, facilitating the selection of a suitable property or service.
(4) The use of the portal is free for non-commercial purposes.
(5) We act only as an intermediary in the communication between the User and the respective owner, landlord, real estate agent or service provider.
§ 3 Contract – User Account
(1) No registration on our platform is required for prospective buyers.
(2) Users can register on our platform to benefit from more extensive features of our portal. During registration, the User’s personal data and e-mail address are required. After registration, the User receives a personal User account. Users can deactivate their account at any time. By registering, Users accept these terms and conditions as effective.
(3) The data provided by the User during the registration process, as well as the User’s IP address, will be stored by us upon completion of the registration process.
(4) The User can make a request for any of the properties shown on our platform. The request does not constitute a legally binding offer to conclude a contract, but merely a non-binding message to the owner or real estate agent.
§ 4 User Obligations
(1) The User assumes the sole responsibility for the completeness and correctness of all data entered by him/her in the input fields of our portal or otherwise transmitted. We are entitled to abstain from processing inquiries, when the data provided by the User in our input fields or otherwise transmitted is proven to be false, untrue or inadequate.
Furthermore, in case of intentional or not provision of false data by the User, we reserve the right to claim compensation from the User for any resulting damages.
(2) The use of our services is only permitted for non-commercial purposes. Any use for other purposes requires our prior written consent.
§ 5 Copyrights and Rights of Use
All copyrights, usage rights or intellectual property rights to the content, images, logos, graphics and photos on our pages or the mobile app, as well as on the software and databases used, remain with us or the respective copyright owner.
§ 6 Warranty and Liability – Disclaimer
(1) The presentation of real estate property and service providers on our portal is based on information provided by the respective owners, real estate agents, landlords or other service providers. We therefore assume no liability for the timeliness, completeness and accuracy of the information presented on our portal about the real estate property and service providers. Regarding user-submitted requests, we assume no liability for the timely, complete and correct transfer of the User's data to the owner, real estate agent, landlord or service provider.
(2) We have no influence over the availability of real estate property and services displayed on our portal. Therefore, any liability for the availability of real estate property and services is hereby waived. We make no representations, warranties or other representations in respect of the presented real estate properties and services in the legal sense.
(3) In addition, we shall only be liable for intent and gross negligence, as well as for damages resulting from injury to life, limb or health, which are based on a culpable breach of duty by us or one of our legal representatives or agents. For damages that are based on a slightly negligent breach of substantial contractual obligations for which we are responsible, we are only liable for standard contractual and foreseeable damages. Substantial contractual obligations are obligations the fulfillment of which enables the proper performance of the contract between us and the User in the first place and on the observance of which the User regularly relies. Otherwise, we assume no liability.
(4) Our website contains links and references to third party sites. These are not operated by us. Also, we have no influence on the content that is displayed on these pages. We assume no liability for the content of these websites, nor do we adopt their content. We do not control the content on these pages. We are not aware of any violations of applicable law on these pages.
§ 7 Privacy
§ 8 Form of Declarations
Legally relevant declarations and notices that the User has to submit to the provider or a third party must be provided in written.
§ 9 Governing Law – Jurisdiction
(1) The law of the Federal Republic of Germany shall apply to the legal relationships in accordance with these general terms and conditions.
(2) The statutory provisions on jurisdictions remain unaffected, unless otherwise specified in the special provision of paragraph 3.
(3) If the user is a merchant, a legal entity under public law or a special fund under public law, then the competent jurisdiction is the one that applies to us. However, we are entitled to sue the User at his/her place of residence. In case of a contract with a consumer, the place of jurisdiction is our place of business, if the User relocates his/her domicile or habitual residence away from the Federal Republic of Germany after the conclusion of the contract. This also applies if the User's place of residence or habitual residence is unknown at the time of filing of the claim.
§ 10 Implementation of the ODR Directive
Online dispute resolution pursuant to Art. 14 par. 1 ODRVO: The European Commission provides a platform for online dispute resolution (OS), which can be found at http://ec.europa.eu/consumers/odr/.