Terms Of Business:
- The statements made in our offers are based on information provided. We make every effort to obtain complete and correct information about our properties and partners; we cannot however accept any responsibility for the accuracy or completeness of such information.
- Our offers are unbinding and subject to remaining unsold. Contact with the vendor shall be exclusively through HRC HOSPITALITY REAL ESTATE CONSULTING. In the event of subsequent direct contact, HRC must be advised at all times of the outcome of such contact.
- This offer is for the addressee only. Where a contract is signed with entities or persons economically or legally associated with the addressee or dependants of the addressee, it will be assumed that the offer has been transmitted to such parties. In this event, commission shall be due and payable. The right to commission shall apply equally even where the terms of any such contract signed are different to those made in the offer and/or where amendments and appendices have been added to a first contract.
- The right to commission remains where the a signed contract is rescinded on the basis of null and void clauses. The same shall apply where the contract is terminated on the basis of the addressee's right to withdraw or where he has withdrawn from the contract for other justifiable reasons and/or he is unable to fulfil the contract. The addressee shall be liable to pay compensation where the contract is successfully contested and the addressee is responsible for the contestation.
- The addressee is obliged to give notice immediately in writing if he is already acquainted with the property presented. Where he fails to do this, the addressee thus accepts our offer and, in the event of purchase, right of first refusal or rental also recognises our right to commission. Our right to commission applies, in particular, where a property is taken over because of compulsory sale or bankruptcy.
- Commission is due and payable in all cases by the buyer and/or purchaser of the rights as tenant or lessee and is not included in the purchase price. Unless otherwise stated in writing, it amounts to 6% of the sale price plus any applicable taxes. Where a first right of refusal, right to acquire, hereditable building right, rent or lease exists the local rates shall apply.
- Our right to commission applies equally and in particular with regard to the brokerage of participations or the purchase of companies who are the owners of plots or projects offered by us. In this case, the commission shall be 6% of the plot value as shown in the HRC prospectus.
- Where we have offered a property, commission shall also be due and payable if contracts of any kind whatsoever relating to that property, but in particular contracts under which the addressee acquires the right to dispose of or use the property, are entered into.
- Where the addressee of this offer enters into contact with the vendor or his representative, our company must be mentioned by name. Our company must be called in, on conclusion of the sales contract at latest.
- HRC reserves the right to act for the other contracting party.
- Terms which differ from those in the contract must be confirmed in writing. The place of jurisdiction for all disputes is Hamburg.