Information pursuant to § 5 TMG:
Comunvita GmbH
Postal address:
Im Kirchwinkel 9, 83624 Otterfing, Germany
Contact:
Phone: +49 17651014493
Email:info@comunvita.com
Represented by:
Oberegger Alex, Managing Director
VAT identification number
HRB 282711, Munich Local Court
's activities Brokerage of land and real estate (brokerage activities in accordance with Section 34c of the German Trade Regulation Act (GewO)), development, global distribution, and operation of software-based solutions. No transactions requiring approval are carried out beyond the brokerage of land and real estate.
Information about the website in accordance with § 36 VSBG
In accordance with§ 36 VSBG (Consumer Dispute Resolution Act – Act on Alternative Dispute Resolution in Consumer Matters), the operator of this website declares: We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.
Note
TheEU platform for out-of-court dispute resolution can be found online at: https://ec.europa.eu/consumers/odr/
General Terms and Conditions for Buyer Brokerage Agreements
§ 1 Scope of application
(1) The following General Terms and Conditions ("GTC") govern the contractual relationship between us (Comunvita GmbH, Im Kirchwinkel 9, 83624 Otterfing, HRB 282711 of the Munich Commercial Register, hereinafter referred to as "Broker") and our customers (hereinafter referred to as "Buyers"), who are given the opportunity by us to conclude a purchase agreement for a specific purchase object (hereinafter referred to as"Purchase Object") with a specific seller (hereinafter referred to as"Seller").
(2) The following General Terms and Conditions apply exclusively to contracts with entrepreneurs within the meaning of § 14 BGB (German Civil Code), with legal entities under public law or with special funds under public law.
§ 2 Subject matter of the contract
The broker shall provide the buyer with proof of a purchase object and the seller offering this purchase object, subject to commission (see § 6 of these General Terms and Conditions).
§ 3 Rights and obligations of the broker, limitation of liability
(1) The broker may only engage additional sales partners if this does not result in any additional costs for the buyer.
(2) The broker shall also act on behalf of the seller and shall be obligated to the seller to promote the conclusion of a purchase agreement for the property offered by the seller, but shall maintain his impartiality in doing so. The broker shall not receive any brokerage commission or reimbursement of expenses from the seller.
(3) The broker undertakes to inform the buyer immediately of any circumstances that may be relevant to the buyer's purchase decision. However, the broker is only obliged to conduct its own research if this has been agreed separately.
(4) The broker undertakes to perform this brokerage agreement with the diligence of a prudent businessman. He shall be liable for intent and gross negligence. Furthermore, the broker shall be liable for the negligent breach of obligations, the fulfillment of which is essential for the proper execution of the agreement, the breach of which jeopardizes the achievement of the purpose of the agreement, and on the observance of which the buyer as a customer may regularly rely (cardinal obligation). In the latter case, however, the broker shall only be liable for foreseeable damage typical for this type of contract. He shall not be liable for the slightly negligent breach of obligations other than those mentioned in the preceding sentences. The above exclusions of liability shall not apply in the event of injury to life, limb, or health or to the extent of a guarantee assumed. Liability under the Product Liability Act shall remain unaffected.
(5) The broker undertakes to maintain confidentiality with regard to any information about the buyer obtained in the course of executing the brokerage agreement.
§ 4 Rights and obligations of the buyer
(1) The buyer undertakes to inform the broker immediately of any circumstances that affect the execution of the contract concluded with the broker.
(2) If the buyer is already familiar with the property identified by the broker and the seller offering this property, the buyer is obliged to reject the broker's identification in writing or in text form without delay.
(3) The buyer is obliged to notify the broker immediately of the conclusion of a contract for the property identified by the broker and to provide the broker with a complete copy of the contract upon first request.
(4) The buyer is obliged to treat all information received within the scope of this brokerage agreement as confidential and, in particular, not to pass it on to third parties. If the buyer violates this confidentiality obligation and the third party informed by him subsequently concludes a contract for the purchase object identified by the broker, the buyer shall owe the commission as if he had concluded this contract himself.
§ 5 Broker commission
(1) The buyer undertakes to pay the broker a commission of 2.0% to 3.0% of the total purchase price, in accordance with the respective commission notice, plus statutory sales tax. The commission is calculated on the basis of the notarized purchase price plus all other services assumed by the buyer from the seller (in particular, but not limited to, the assumption of land register encumbrances, redemptions, ancillary services, or other economic advantages). A subsequent reduction in the purchase price or other changes to the purchase agreement do not affect the broker's commission claim once it has been incurred.
(2) The broker's commission claim is due upon conclusion of the fully effective purchase agreement for the property identified by the broker with the seller identified by the broker. This also applies if the purchase agreement is concluded after the brokerage agreement has ended, but as a result of the broker's activities.
(3) The purchase of an ideal or real share in the property or the granting of hereditary building rights and similar rights, as well as the granting of company rights, shall also be deemed to be a main contract giving rise to commission if this corresponds economically to the acquisition of the proven object of purchase. The conclusion of a contract by a natural or legal person who has a close and lasting legal or personal connection with the buyer shall also be deemed to be a principal contract giving rise to commission.
§ 6 Data protection
The buyer agrees that the broker may collect, process, and use data arising from this contract or the execution of the contract or which becomes known to him as a result thereof, and may transmit such data to the seller to the extent necessary.
§ 7 Final provisions, place of performance, place of jurisdiction, text form clause
(1) The place of performance for the mutual obligations and the place of jurisdiction for any disputes shall be the broker's registered office specified in § 1 (1) of these General Terms and Conditions.
(2) No tacit, verbal, or written side agreements have been made. Amendments and additions to this contract must be made in writing. This also applies to any waiver of this written form clause.
(3) Should any provision of this contract be or become invalid or unenforceable, this shall not affect the validity or enforceability of the remaining provisions of this contract.
General Terms and Conditions for Rental Brokerage Agreements
§ 1 Scope of application
(1) The following General Terms and Conditions ("GTC") govern the contractual relationship between us (Comunvita GmbH, Im Kirchwinkel 9, 83624 Otterfing, HRB 282711 of the Munich Commercial Register, hereinafter referred to as "Broker") and our customers (hereinafter referred to as "Tenant/Lessee"), who are given the opportunity by us to conclude a rental agreement for a specific rental property (hereinafter referred to as"Rental Property") with a specific landlord (hereinafter referred to as"Landlord").
(2) The following General Terms and Conditions apply exclusively to contracts with entrepreneurs within the meaning of § 14 BGB (German Civil Code), with legal entities under public law or with special funds under public law.
§ 2 Subject matter of the contract
The broker shall provide the tenant/leaseholder with a rental property and the landlord offering this rental property in return for a commission (see § 6 of these General Terms and Conditions).
§ 3 Rights and obligations of the broker, limitation of liability
(1) The broker may only engage additional sales partners if this does not result in any additional costs for the tenant/leaseholder.
(2) The broker also acts on behalf of the landlord and is obligated to the landlord to promote the conclusion of a lease agreement for the rental property offered by the landlord, but must maintain his impartiality in doing so. The broker does not receive any brokerage commission or reimbursement of expenses from the landlord.
(3) The broker undertakes to inform the tenant/lessee immediately of any circumstances that may be relevant to their decision to rent. However, the broker is only obliged to conduct their own research if this has been agreed separately.
(4) The broker undertakes to execute this brokerage agreement with the diligence of a prudent businessman. He shall be liable for intent and gross negligence. Furthermore, the broker shall be liable for the negligent breach of obligations, the fulfillment of which is essential for the proper execution of the agreement, the breach of which jeopardizes the achievement of the purpose of the agreement, and on the observance of which the tenant/lessee as a customer may regularly rely (cardinal obligation). In the latter case, however, the broker shall only be liable for foreseeable damage typical for this type of contract. He shall not be liable for the slightly negligent breach of obligations other than those mentioned in the preceding sentences. The above exclusions of liability shall not apply in the event of injury to life, limb, or health or to the extent of a guarantee assumed. Liability under the Product Liability Act shall remain unaffected.
(5) The broker undertakes to maintain confidentiality with regard to any information about the tenant/lessee obtained in the course of executing the brokerage agreement.
§ 4 Rights and obligations of the tenant/leaseholder
(1) The tenant/lessee undertakes to inform the broker immediately of any circumstances that affect the performance of the contract concluded with the broker.
(2) If the rental property referred by the broker and the landlord offering this rental property are already known to the tenant/lessee, the tenant/lessee is obliged to reject the broker's referral in writing or in text form without delay.
(3) The tenant/lessee is obliged to notify the broker immediately of the conclusion of a contract for the rental property identified by the broker and to provide the broker with a complete copy of the contract upon first request.
(4) The tenant/lessee is obliged to treat all information received within the scope of this brokerage agreement as confidential and, in particular, not to pass it on to third parties. If the tenant/lessee violates this confidentiality obligation and the third party informed by him/her subsequently concludes a contract for the rental property identified by the broker, the tenant/lessee shall owe the commission as if he/she had concluded this contract himself/herself.
§ 5 Broker commission
(1) The tenant/leaseholder is obliged to pay the broker a commission amounting to 12 months' rent plus the applicable statutory sales tax. The commission is calculated on the basis of the rent plus any additional payments made by the tenant/lessee to the landlord (such as the assumption of land register charges, etc.). Any subsequent reduction in the rent does not affect the broker's commission claim.
(2) The broker's commission claim is due upon conclusion of a fully effective lease agreement for the rental property identified by the broker with the landlord identified by the broker. This also applies if the lease agreement is concluded after the brokerage agreement has ended, but as a result of the broker's activities.
(3) The purchase of an ideal or real share in the property or the granting of hereditary building rights and similar rights, as well as the granting of company rights, shall also be deemed to be a main contract giving rise to commission if this corresponds economically to the acquisition of the proven purchase object. The conclusion of a contract by a natural or legal person who has a close and permanent legal or personal connection to the tenant/leaseholder shall also be deemed to be a principal contract giving rise to commission.
§ 6 Data protection
The tenant/lessee agrees that the broker may collect, process, and use data arising from this contract or the execution of the contract or which becomes known to him as a result thereof, and may transmit such data to the landlord to the extent necessary.
§ 7 Final provisions, place of performance, place of jurisdiction, text form clause
(1) The place of performance for the mutual obligations and the place of jurisdiction for any disputes shall be the broker's registered office specified in § 1 (1) of these General Terms and Conditions.
(2) No tacit, verbal, or written side agreements have been made. Amendments and additions to this contract must be made in writing. This also applies to any waiver of this written form clause.
(3) Should any provision of this contract be or become invalid or unenforceable, this shall not affect the validity or enforceability of the remaining provisions of this contract.
scope of application
These provisions govern the use of the website operated by Comunvita, unless otherwise agreed individually by contract or otherwise required by law.
By accessing or using this website, the user agrees to these terms and conditions by checking the corresponding box that appears when visiting this website for the first time. This also applies in the event that their specific contract for this purpose is not concluded or its legal validity is subsequently removed. They also apply if the user accesses the site automatically with the help of autonomously operating software or in any other form.
Comunvita reserves the right to amend these Terms of Use in the future, e.g. to take account of changes in legislation, changes to services, or regulatory gaps.
user categories
With regard to the use of this website, two different types of users can be identified.
a. User category 1 (hereinafter referred to as "user category 1")
These are primarily experts, investors, or project developers who use this website in the course of their commercial or independent professional activities.
b. User category 2 (hereinafter referred to as "user category 2")
These are municipalities and cities that use this website to get in touch with users in user category 1 (see above) and to facilitate the implementation of their projects and concerns posted on this website.
The terms of use for each user category are explained below.
Browsing the website – Registration – User account for user category 1
Browsing the website is free of charge. Users can browse the website freely without registering or creating a user account. Nevertheless, Comunvita may ask users to consent to the collection and processing of certain personal data and/or the use of cookies or similar applications.
Creating a user account is free of charge. To create an account, the user must enter their data in the corresponding input mask. In this way, the user submits a request to Comunvita to create a user account. Comunvita checks the files entered by the user and verifies the user's qualifications. This can also be done by contacting the user via the contact details provided.
If this verification process is completed successfully, the user will receive confirmation of successful registration.
Only natural persons or representatives of legal entities who are at least 18 years of age may create a user account.
A user account offers user category 1 the opportunity to purchase services on this website in the form of an exposé, which contains the contact details of user categories 1 and 2, subject to commission.
The login details must be kept confidential by the user. They may only be used by the user and may not be passed on to third parties. If the user becomes aware of any unlawful use (e.g., by third parties, general disclosure of access data, or similar), they must inform Comunvita without fail. The necessary contact details can be found in these Terms of Use.
Publication of concerns raised by user categories 1 and 2
Browsing and posting requests on the website is free of charge. Users can browse the website freely without registering or creating a user account. Nevertheless, Comunvita may ask users to consent to the collection and processing of certain personal data and/or the use of cookies or similar applications.
It is generally not possible to process a request that has been abandoned. If the user has made any errors in their entry through no fault of their own, they must notify Comunvita immediately. The necessary contact details can be found in these Terms of Use.
The user undertakes not to violate applicable legal provisions and any contractual provisions when using the services. In particular, they undertake to ensure that the content they distribute does not infringe the rights of third parties, in particular copyrights, personal rights, patent and trademark rights, and other rights, that applicable criminal laws and youth protection regulations are observed, and that no racist, Holocaust-denying, grossly offensive, pornographic or sexual, youth-endangering, extremist, glorifying or trivializing violence, glorifying war, promoting a terrorist or extremist political association, inciting criminal acts, containing defamatory statements, offensive or unsuitable for minors, or other criminal content.
Contact established between user category 1 and user category 2
By submitting requests from user categories 1 and 2, users in these categories provide contact details that are intended for users in user category 1. Users in user categories 1 and 2 can therefore be contacted by users in user category 1.
Comments
Parts of this website may offer users the opportunity to publish and exchange opinions and information in certain areas of the website.
Comunvita does not filter, edit, publish, or review comments before they appear on the website. Comments do not reflect the views and opinions of Comunvita. Comments reflect the views and opinions of the person posting their views and opinions. To the extent permitted by applicable law, Comunvita is not liable for the comments or any liability, damages, or expenses caused and/or suffered as a result of the use and/or publication and/or appearance of the comments on this website.
Comunvita reserves the right to monitor all comments and to remove any comments that may be considered inappropriate or offensive, or that violate these Terms and Conditions of Use.
The user guarantees and warrants that:
a. he/she is entitled to publish the comments on the Comunvita website and has all the necessary licenses and consents to do so;
b. the comments do not infringe any intellectual property rights, in particular any copyrights, patents, or trademarks of third parties;
c. the comments do not contain any defamatory, libelous, offensive, indecent, or otherwise unlawful material that constitutes an invasion of privacy.
d. the comments are not used to promote businesses or habits or to represent commercial activities or illegal activities.
The user hereby grants Comunvita a non-exclusive license to use, reproduce, edit, and authorize others to use, reproduce, and edit all of their comments in any form, format, or media.
Disclaimer and limitation of liability
warranty disclaimer
Comunvita accepts no liability for the quality, security, or reliability of its services. Comunvita makes no representations or warranties regarding the services and does not guarantee that the services will be uninterrupted or error-free. The services are provided "as is" and "as available."
Disclaimer
To the maximum extent permitted by law (and unless Comunvita has entered into a separate written agreement that supersedes these T&Cs), Comunvita excludes all liability for lost profits or business opportunities, damage to reputation (e.g., offensive or insulting comments), loss of data (e.g., downtime or loss of or changes to your information or content), or any indirect, incidental, or consequential damages or punitive damages in connection with these T&C.
Intellectual property
Unless otherwise stated, Comunvita and/or its licensors own the intellectual property rights for all material on this website. All intellectual property rights are reserved. Users may access this material from Comunvita for their own personal use, subject to the restrictions set out in these terms and conditions.
Users may not:
a. Copy or republish material from Comunvita;
b. Sell, rent, or sublicense Comunvita material;
c. Reproduce, duplicate, or copy material from Comunvita;
d. Redistribute Comunvita content.
Hyperlinking to this website
The following organizations may link to this website without prior written permission:
a. Government agencies;
b. Search engines;
c. News organizations.
d. Distributors of online directories may link to this website in the same way that they link to the websites of other listed companies.
e. System-wide approved companies, with the exception of non-profit organizations, charitable shopping malls, and charitable groups, which are not permitted to create hyperlinks to this website.
These organizations may link to the homepage of this website, to publications, or to other website information, provided that the link:
a. is not misleading in any way;
b. does not falsely imply any sponsorship, endorsement, or approval of the linking party and its products and/or services;
c. fits within the context of the linking party's website.
Comunvita may consider and approve other link requests from the following types of organizations Link requests from these organizations will be approved if Comunvita decides that:
a. the link would not reflect negatively on Comunvita or companies accredited by Comunvita;
b. the organization has not had any negative experiences with us;
c. the benefit that Comunvita derives from the visibility of the hyperlink compensates for Comunvita's absence;
d. the link is related to general information.
These organizations may link to the homepage of this website, provided that the link:
a. is not misleading in any way;
b. does not falsely imply any sponsorship, endorsement, or approval of the linking party and its products or services;
c. fits within the context of the linking party's website.
If you are one of the organizations listed and are interested in linking to this website, you must notify Comunvita by sending an email to Comunvita. Please include your name, the name of your organization, contact information, the URL of your website, a list of all URLs from which you wish to link to this website, and a list of URLs on this website to which you wish to link. Please allow 2-3 weeks for a response.
Approved organizations may create hyperlinks to this website as follows:
a. by using the company name Comunvita;
b. by using the Uniform Resource Locator to which the link refers;
c. by using another description of this website that is linked to, which is meaningful in the context and format of the content on the linking party's website.
The use of the Comunvita logo or other artwork is not permitted without a trademark license agreement for linking.