General Terms and Conditions
General Terms and Conditions
1. Applicability of the General Terms and Conditions
These General Terms and Conditions apply for the following companies:
apollo real estate GmbH & Co. KG
apollo healthcare GmbH
apollo real estate GmbH
apollo real estate management GmbH
apollo living GmbH
BBI Immobilien GmbH
which are hereinafter referred to as – apollo -.
apollo concludes brokerage contracts exclusively under agreement of these General Terms and Conditions. The German version of these General Terms and Conditions is authoritative.
2. Applicable law; conclusion of contract; place of fulfilment
1. German law is agreed for all legal transactions.
2. Mutual rights and obligations of the contractual partners that are not expressly governed in these General Terms and Conditions are determined solely in accordance with the provisions of the German Civil Code (BGB).
3. No further agreements in addition to the contractual provisions recorded in writing have been made between the parties at the time of conclusion of contract.
4. Unless otherwise agreed, the place of fulfilment for the contractual services to be provided by apollo shall be Frankfurt am Main, unless BBI Immobilien GmbH is concerned. In this case the place of fulfilment of the contractual services is Berlin.
5. apollo is entitled to commission third parties to fulfil the contractual obligations to which it is subject.
3. Withdrawal policy
Withdrawal policy for contracts agreed away from business premises and for distance contracts, with the exception of contracts covering financial services.
Right of withdrawal
You have the right to withdraw from this contract within fourteen days without specifying reasons. The withdrawal period is fourteen days from the date of signature.
In order to exercise your right of withdrawal, you need to send us a clear declaration (e.g. a letter sent by post, a fax or an email) informing us of your decision to withdraw from this contract.
To observe the withdrawal period, it is sufficient to dispatch the notification concerning your exercising the right of withdrawal prior to the expiry of the withdrawal period.
Consequences of withdrawal
Should you withdraw from this contract, we must return all payments we have received from you, including delivery costs (with the exception of additional costs that result from you choosing a type of delivery different to the cheapest standard delivery offered by us), without delay and no later than fourteen days from the date on which we received notification of your withdrawal from this contract. For this refund, we will use the same means of payment that you used in the original transaction, unless it has been explicitly agreed with you otherwise; we shall not charge a fee for this refund.
4. Object of contract
1. apollo shall provide proof of matters concerning conclusion of contract and of brokering services based on information from third parties.
Although apollo makes every effort to provide the most complete and accurate information possible on properties and clients, liability for the accuracy and completeness of the information provided to the contractor can only be accepted in the case of intent or gross negligence. Liability shall also be accepted in the case of negligence where damage to life, limb or health occurs.
2. The services of apollo are non-obligatory and non-binding, with the exception of intermediate purchase, letting and leasing.
3. As well as brokering services, apollo also provides other services on the basis of these General Terms and Conditions. These services are governed by individual contracts and invoiced separately.
5. Origin and due date of entitlement to commission
1. The entitlement to commission of apollo becomes due as soon as a main contract is concluded based on its proof or brokering. For the entitlement to commission to arise, the activity of apollo does not need to be the only cause of the conclusion of the main contract; its being a concurrent cause is sufficient.
2. If a brokerage agreement has been concluded with only one party for the brokerage of a purchase contract of an apartment or a single-family house, the other party (as far as it is a consumer) can be contractually obligated to pay a maximum of 50% of the brokerage fee. The claim is only due when the assumption of the brokerage fee has been agreed to and apollo’s contractual partner has provided proof that its own share has been paid.
3. The entitlement to commission of apollo remains even if the main contract already concluded is subsequently repealed by the clients by mutual consent.
4. The entitlement to commission also arises if a main contract is concluded that deviates from the transaction originally proven or brokered by apollo but that is equivalent in economic terms. In particular, a contract is considered equivalent in economic terms if the main contract is concluded with conditions that deviate from the services of apollo, or if a different contract from the main contract originally planned is implemented and this different contract is identical to the intended transaction or its economic success deviates only insignificantly from the intended transaction. The entitlement to commission arises in the event of purchase instead of rental and vice versa, leasehold instead of purchase, and exchange instead of purchase or rental.
5. The entitlement to commission of apollo is due upon the conclusion of the main contract.
6. We are also entitled to commission if, with a temporal or economic connection with the first contract brokered or verified by us, further contractual agreements between you and your client arise that are based on the brokerage contract concluded between us.
The following rates of commission for verification and/or brokerage are agreed between the client and apollo:
1. Purchase of commercially used properties:
In the case of purchase of a property, company or company shares, the commission due is based on the certified total purchase cost and all supplementary services connected with it. The calculation parameters for the commission from the purchaser are as follows: up to a purchase price of EUR 5.0 million: 5%; more than EUR 5.0 million to EUR 20.0 million: 4%; more than EUR 20.0 million: 3%. Where an agreed option to purchase more space is exercised, the purchaser shall pay the commission for the additional space at the time of exercising and in the amount described
2. Letting and leasing of commercial space:
– for office and industrial space the commission is 3.0 months’ rent plus ancillary and operating costs for contracts of up to 5 years.
– for retail space the commission is 3.5 months’ rent plus ancillary and operating costs for contracts of up to 5 years.
– for rental contracts concluded for more than 5 years, the rates of commission increase by 0.5 months’ rent plus pro rata ancillary and operating costs.
– where rental or leasing contracts include options for extending the rental or leasing period and/or preferential rental rights, the commission increases by 0.5 months’ rent in each case plus ancillary and operating costs for each option and preferential rental right.
– where the rental or leasing contract contains the option of renting or leasing additional space, the commission for the additional space is due in accordance with 6.2.1 to 6.2.4 when the option is exercised.
– agreed rent-free periods or other gratuities on the part of the landlord are generally irrelevant to the calculation of commission. In the case of a graduated rental price contract, the average monthly rent over the total fixed period of the contract, plus ancillary and operating costs, shall serve as the basis for calculation.
– in the case of indemnity payments, repayments for rights and entitlements, furnishings, goods, customer bases etc., additional commission of 5% (for example of the indemnity payment or the value of the furnishings) is due.
3. Purchase of properties used for residential purposes:
When purchasing and selling houses, land and part-owned property, 6% of the contractually agreed total purchase price. If the purchaser is not commercially active, the parties shall each take on half of the percentage share. The prerequisite is that apollo concludes a commissionable brokerage contract with both parties for the same share.
If a contract is only concluded with one party, this contractual party must remain obliged to pay at least half of the total. The opposing party can only be obligated to take over the broker’s commission up to this limit. In this case, the payment of the opposing party only becomes due once the contractual party has proved the payment of its own share to apollo.
If the purchaser is not the consumer, other written agreements can be made.
4. Letting and leasing of properties used for residential purposes:
4.1 When letting or leasing residential space, but not for tenantstaking into account § 2 of the German Law Governing Housing Brokerage [Gesetz zur Regelung der Wohnungsvermittlung] (ordering principle).
4.2 Letting of residential space:
For brokerage or verification, the broker calculates a commission for the contractual partner that ordered the brokerage. Unless different rates of commission have been agreed in writing between the client and the broker, for rental contracts for residential space this amounts to 2.0 net months’ rent from the respective client. In case of doubt, the owner shall pay the commission.
4.3 Other Payments:
In the case of indemnity payments, repayments for rights and entitlements, furnishings, goods, customer base etc., the tenant/lessee pays 3% of the respective value, irrespective of the commission outlined in the rental contract.
If a property brokered and/or verified by us is initially let or leased but subsequently purchased, buyer’s commission less the already paid lessee’s commission must be paid.
Where leaseholds are ordered or transferred, the commission is 6% of the contractual value, payable by the leasehold recipient. Unless otherwise agreed, this shall be our choice of 25 times the annual ground rent or the calculated capital cash value of the leasehold. The current effective interest rate for ten-year fixed rate mortgages with 100% payout shall be used to calculate the capital cash value.
6. Right of first refusal:
Where rights of first refusal are agreed, the commission is 1% of the market value of the plot, payable by the holder of the right of first refusal.
The total commission does not include statutory value-added tax.
7. Obligations oft he client
1. Where the client passes on to a third party the information on the verification of a matter regarding contract conclusion received from apollo and a main contract arises with them, the client is obligated to pay commission to apollo. The client is obligated to maintain confidentiality regarding all information, services etc. received from apollo.
2. Where the client is already aware of the opportunity for conclusion of a contract verified by us, the client is obligated to inform apollo of this immediately. Otherwise, commission in accordance with Section 6 is payable in every case upon conclusion of a contract regarding the verified property.
8. Commissioning by third parties
apollo is also entitled to act for the other contractual party of the main contract with or without payment. In this case, apollo shall conduct its activity impartially and conscientiously.
9. Data protection
The client explicitly declares their agreement that, in order to fulfil this contract, apollo is authorised to process the necessary personal data of the client in accordance with the annex “General Information Obligations for Data Processing” attached.
10. Effectiveness of the General Terms and Conditions
Should individual provisions of these General Terms and Conditions be ineffective or void, this shall not affect the legal validity of the remaining provisions. The German version is the authoritative one in case of contradictions.
11. Money Laundering Act (GwG)
As a property consultant and a member of the Legal & Compliance Initiative, apollo is obliged by the Money Laundering Act to gather certain information on its business partners and their contractual partners in order to guarantee the required level of transparency in business transactions. In turn, our customers and their contractual partners are legally obliged to provide this information in a truthful manner. The adherence to legal requirements is enforced by increasingly strict checks by the responsible authorities.
12. Place of jurisdiction
Frankfurt am Main is agreed as place of jurisdiction for all commercial transactions, unless BBI Immobilien GmbH is concerned. In this case place of jurisdiction is Berlin.
13. Dispute resolution in consumer matters
In consumer matters, apollo shall not take part in dispute resolution proceedings before a consumer arbitration board.